Welcome to Sushify.com (the “site”). Please read the following terms and conditions carefully before using any aspect of the site.
The site is an internet property of Sushify Inc. d/b/a ("Sushify," "we," “our” or "us"). Each end-user visitor to the site agrees to the following Sushify terms and conditions (“terms and conditions”), in their entirety, when she/he:
- Accesses or uses the site;
- Accesses and/or views any of the video, audio, stories, text, photographs, graphics, artwork and/or other content featured on the site (collectively, “content”);
- Signs up to receive the Sushify food delivery service, which includes processing and delivery of orders (the "Sushify service");
- Accesses links to Sushify’s social media pages/accounts on third party social media websites, such as Facebook, Instagram, Pinterest, Twitter and YouTube (collectively, “Social Media Pages”);
- Enters one of the sweepstakes, contests and/or promotions offered by Sushify from time-to-time (“promotions”); and/or
If you have any questions about the Agreement or the Site please access our Frequently Asked Questions (FAQs) or email the Sushify Customer Service team at firstname.lastname@example.org.
- Any amendment or modification to the provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and
- Any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification.
- The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Sushify Offerings. By your continued use of any of the Sushify Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
- All of our products and services are backed by a freshness and quality guarantee for three (3) days from receipt of your box. If for any reason you are not satisfied, contact us via e-mail at email@example.com. within three (3) days of the delivery of your box. Depending on the circumstances, we may provide you with credits for meal ingredients that will automatically be applied to future deliveries under your Meal Subscription or we may, in our sole discretion, provide you a full or partial refund of the purchase price of that meal or meal ingredient
- Sushify may require the return or photo documentation of the product with which you are dissatisfied before we substitute an acceptable item, issue a credit voucher or give you cash back.
- Orders must be received before posted cutoff times for a given delivery (see Delivery of Products below for details). Available delivery windows and associated delivery charges and promotions will be shown as you proceed through the ordering process.
- You can make changes to, skip, or cancel your order up to 5 days before your delivery day:
- Cancellation of orders after the required cutoff time will result in a full charge.
Price and Availability
At Sushify we believe in offering our customers the best product at the best price. We strive to provide you with great prices compared to the competition near your delivery address. We receive fresh products every day to assure you the highest quality. Although our goal is to fulfill 100% of each order, given the perishable nature of our products, from time to time products may be unavailable due to market conditions beyond our control or to quality that is below our standards. At times when we have an item that's very similar to the item you ordered, we may make a substitution. If you're not happy with the replacement, please email us at firstname.lastname@example.org.
Please note, we reserve the right to limit your order or the quantity of a particular product that you may order and from time to time make suitable substitutions.Delivery of Products
Sushify uses refrigerated shipping solutions to maintain the quality and integrity of your products. Sushify uses third-party delivery companies to deliver meal ingredients to its customers. We carefully package each delivery to ensure that food products will remain fresh in your unopened delivery box at room temperature (i.e., 78 degrees Fahrenheit) for six (6) hours from the time of delivery. However, you as the customer are the ultimate arbiter of freshness and should always inspect your delivery boxes to confirm the contents arrive in a cool, refrigerated condition and use a thermometer to ensure that that the internal temperature of any meat and fish products is and remains at or below 41 degrees Fahrenheit.
To maintain the integrity and quality of food products, we strongly recommend that you immediately refrigerate all perishable items upon delivery. In the unlikely event a frozen food product arrives at a temperature above 41 degrees Fahrenheit, you should contact the Sushify Customer Service Team at email@example.com and discard the item.
Products are solely at your risk from the time of delivery. You, and not Sushify, are solely responsible for the proper and safe washing, preparation, storage, and cooking of the meals following delivery. Sushify recommends that all cooking instructions specified be followed. Additionally, all fresh produce should be washed prior to using.
To receive delivery, you must live in a residential apartment or home, or receive permission from employer or business owner to receive shipments from a business address. Shipments may not be scheduled to business addresses for Saturday deliveries. Additionally, after your second order with Sushify you may elect an alternate receiver located within or near your building or home to accept your delivery. This alternate receiver may accept your goods when you are not present at the time for delivery and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If you, your doorman, and your alternate receiver are not present, we will use commercially reasonable efforts to contact you. In certain areas, Sushify may offer unattended delivery.
If something is missing from your order, please contact the Sushify Customer Service Team and email us at firstname.lastname@example.org.
In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to our delivery schedule, which will cause us to suspend chosen delivery dates and times. If there will be a significant delay, a customer service representative may call or e-mail you to let you know the status of your delivery time. We will deliver your order as quickly as possible when the conditions permit. If your designated delivery location (i.e., street, avenue) or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date.Product Substitutions
At times, Sushify may substitute your box ingredients due to market conditions outside of our control or product quality that is below our standards. In cases of ingredient substitutions, any modifications to cooking instructions will be communicated to the customer.Dietary Preferences and Restrictions
Sushify does not guarantee the accuracy of any nutritional information provided by Sushify. Sushify will not be responsible for any loss or damage resulting from your reliance on nutritional information, nor for ensuring that whatever foods you purchase, prepare, and consume are in accordance with your respective dietary needs or restrictions. Sushify stores, portions, and packs meals containing all eight (8) major US allergens (milk, wheat, egg, soy, fish, shellfish, peanuts, and treenuts). Although Sushify takes precautions to limit the potential for cross-contamination, cross-contamination may occur between food products, allowing meals to contain any or all of these allergens.Credit Card Payment
Sushify reserves the right to execute a $1 authorization or temporary charge on your credit card to verify that your account is valid and that the information you provide to Sushify is correct. This authorization does not cost you anything and will expire in a few days (debit card authorizations typically expire in 24-48 hours depending on your bank's rules). If you experienced trouble enrolling with Sushify, you may see multiple $1 authorizations. These multiple charges (up to $5) will expire in a few days.
Your credit/debit card will be charged for your order immediately upon checkout. Sushify will not process orders that attempt to use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. However, in the event such an order is processed, Sushify reserves the right to collect funds for any uncollected transactions owed to it. Sushify may charge a fee of $2 per order should a payment made via credit card be declined resulting in the need for alternate payment or exception processing. If you fail to pay any fees or charges when due or if a redelivery fee or restocking fee is imposed, Sushify may charge such amount directly to the credit card identified in your Customer Account Information and Sushify may suspend or terminate your access to the Sushify Service. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Sushify may incur in its efforts to collect any unpaid balances from you. Your right to use the Sushify Service is subject to limits established by Sushify and/or by your credit card issuer.
Sushify is unable to accept checking account transactions, paper checks, food stamps, or third-party coupons at this time.Third-Party Information Providers and Merchants
In certain cases, the Sushify Service may permit you to order and receive products, information, and services from businesses that are not owned or operated by Sushify. In such instances, Sushify acts only as the link between you and such businesses. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. Sushify makes no representations or warranties of any kind, express or implied, regarding the merchandise, services, or information received from such third parties and the fact that Sushify makes such products, information, and services available should not be construed as an endorsement of the businesses or the products, services, and information they provide.Promotions
From time-to-time, Sushify offers Promotions by and through the Site, or other means. By providing true and accurate information in connection with the applicable Promotion registration form(s) and agreeing to the Contest Rules applicable to each Promotion, end-users can obtain, or attempt to obtain, a chance to win the prize(s) and other awards offered through each Promotion, if any. Each end-user understands and agrees that Sushify shall not be liable to such end-user or any third party for any claim in connection with that end-user’s participation in any of the Promotions.Vouchers and Gift Cards
- We may offer gift cards, discount promotions and other types of vouchers (Voucher) which require to be activated by email application in order for the holder to commence delivery of Products. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these terms and conditions shall become applicable as between us and you when you redeem the Voucher by purchasing a Product.
- Any Voucher may only be used once by you and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval. Only one voucher is allowed to be applied per order.
- We reserve the right to withdraw or cancel any Voucher (other than a paid-up gift card) for any reason at any time.
- Vouchers may only be redeemed through the Website and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher.
- Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges, if any, which will be chargeable at normal rates.
- We reserve the right to exclude the use of voucher codes on specific products.
- Copyright and Ownership.
"Sushify," all Sushify logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Sushify Inc. or otherwise proprietary to Sushify Inc. and may not be used by you for any reason other than as expressly permitted by the Agreement. All other trademarks, service marks, product names, and company names or logos appearing by and through the Sushify Offerings are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using this Site or the Sushify Service.
Access to the Sushify Service
You will provide all equipment and services and be responsible for all data, telephone and other charges necessary to access the Sushify Service and the Site. You agree to comply with all laws applicable to your activities on the Sushify Site and with the terms of the Agreement. You hereby represent that you are an adult (18 years or older) and have the power and authority to enter into the Agreement and perform your obligations hereunder. You acknowledge that from time to time the Sushify Service or this Site may be inaccessible or inoperable for any reason, including, without limitation:
- Equipment malfunctions;
- Periodic maintenance procedures or repairs which Sushify may undertake from time to time; or
- Causes beyond the control of Sushify or which are not reasonably foreseeable by Sushify
ID Number and Passwords
Access to the Sushify Service is accomplished through the use of a registered email address and a password that you choose upon registration.You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility of the upkeep and maintenance of an accurate and active email address for access to the Sushify site and receipt of transactional or marketing email communication. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the Sushify Service with your password. You agree to notify Sushify promptly of any unauthorized use of your password and you will remain liable for any use of the Sushify Service until you notify Sushify.Your Account
You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account and password to access the Sushify Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, e-mail address, and, if applicable, alternate receiver for your order. You can update your information in the Account area on our Web site or contact our Customer Service department. Please do not send credit card or other payment information via email. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to Sushify, and accept responsibility for all activities that occur under your account or password and for restricting access to your computer. You will comply with all laws applicable to your activities associated with the Sushify Offerings and with the Agreement.
Sushify's secure server encrypts your payment information so that it cannot be read as the information travels over the Internet. Once we receive your payment information, it is stored in our secure data center. Sushify will exercise commercially reasonable efforts to ensure that your payment information remains confidential, and is available only to personnel who have a need to know such information in connection with providing you the Sushify Service. When our registration/order form asks users to enter sensitive information (such as credit card number), that information is encrypted and is protected with encryption software. Our Site encrypts your credit card and bank account number prior to transmission over the Internet using secure socket layer (SSL) encryption technology.Corrections
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Sushify Service, which includes, without limitation, use of the Sushify Service to:
- Disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail;
- Disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious;
- Disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person;
- Create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication;
- Export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions;
- Interfere with, disrupt, or attempt to gain unauthorized access to other accounts on the Sushify Service or any other computer network;
- Disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or
- Engage in any other activity deemed by Sushify to be in conflict with the letter or intent of the Agreement.
YOU EXPRESSLY AGREE THAT USE OF THE SUSHIFY SERVICE, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE SUSHIFY SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SUSHIFY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SUSHIFY SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SUSHIFY SERVICE; SUSHIFY DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. SUSHIFY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR THE SUSHIFY SERVICES. SUSHIFY DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER SUSHIFY NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "SUSHIFY PARTIES") SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SUSHIFY SERVICE, OR THE INTERNET. SUSHIFY'S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SUSHIFY SERVICE AND TO TERMINATE THE AGREEMENT. SUSHIFY RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The material in the Site is provided for lawful purposes only. Sushify operates this Site for use in specific jurisdictions where it provides its Services, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice and may vary geographically.
You agree to defend, indemnify, and hold Sushify Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney's fees and costs, arising in connection with a violation of the Agreement by you or through use of your account.Dispute Resolution Provisions
This Agreement is governed by the internal substantive laws of the State of New York and/or Missouri, without respect to its conflict of laws provisions. You expressly and irrevocably agree:
- To submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New York and/or Missouri; and
- That the Platform and the Services shall be deemed passive that do not give rise to personal jurisdiction over Sushify, either specific or general, in jurisdictions other than the State of New York and/or Missouri..
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MEALS, THE PLATFORM, OR THE SERVICES MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Payment,” “Intellectual Property,” “Communications to Us; User Content,” “Warranty Disclaimer and Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.Miscellaneous
Termination. The Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Sushify may suspend or terminate the Agreement or the Sushify Service or remove or disable access to any portion of the Sushify Service at any time for any reason with or without notice to you. You may terminate your Sushify Service account at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. Sushify reserves the right to collect fees and charges incurred before you cancel your Sushify Service account. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancelation.
Notices. Sushify may give notice to you of any change or any other communication related to the Agreement through a general posting on the Sushify Site, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to Sushify by electronic mail (as specified in the Sushify website).
Entire Agreement. The Agreement represents your entire agreement with Sushify regarding the use of the Sushify Service and the Sushify Site. You agree that the Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, Sushify, and Sushify Parties. If any portion of the Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of the Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. The Agreement shall be governed by the laws of the State of New York and/or Missouri without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Sushify or relating in any way to your use of the Sushify Service or the Sushify Site resides in the federal and state courts of New York and/or Missouri and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of New York and/or Missouri in connection with any such dispute, including any claim involving Sushify Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or it shall be barred.
Third-Party Beneficiaries. The provisions of the Agreement are for the benefit of Sushify Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. The Agreement and all obligations and restrictions placed upon you or your permitted users by the Agreement shall survive termination of the Agreement and your Sushify Service account.
Ongoing Automatic Shipments: Your Sushify automatic shipments will continue week-to-week unless and until you cancel your automatic shipment subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to enroll in the Sushify automatic shipment service. We will bill the monthy shipments to your Payment Method.
Differing Memberships: We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in the Agreement will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with Sushify by visiting our website and visiting your Account page. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.Payment Method: We will begin billing your Payment Method for monthly automatic shipment fees as specified at the beginning of your enrollment. Sushify will send email communication two (2) days or sooner prior to your billing date. We reserve the right to authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization.
- In the event that the email address provided is inaccurate or outdated, you will not receive a notice from us that the paying portion of your membership has begun. Click on your account page at www.sushify.com to find cancellation instructions or email the Sushify Customer Service Team at email@example.com.
- We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel. Providing a full and accurate email address to receive notifications is your responsibility, and Sushify is not liable for any fees incurred due to undelivered email communication.
Monthly Order Processing: When you sign up for automatic shipments, your payment method will automatically be billed each week until you cancel it, and you are enrolled to receive shipments each week (“Monthly Delivery”). You may pause or skip a Monthly Delivery or cancel your membership at any time (see Cancellation below). You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account. Your liability for such charges shall continue after termination of the Agreement.
Price Changes: We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in the Agreement, any price changes to your service will take effect following email notice to you.
Payment Methods: You may edit your Payment Method information by visiting our website and “My Account”, available at the top of the pages of the Sushify website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
Cancellation: You may cancel your Sushify automatic shipment enrollment at any time. To cancel, go to the “settings” link on your Account page and select "Stop subscription" or email us at firstname.lastname@example.org.