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Terms and Conditions


16 Mar. 20

Terms and Conditions of SAHAR ABU GHARBIEH FOR E MARKETING SERVICES

Welcome and thank you for visiting Boxeh.net (“Site”) or our mobile applications (“App”) and our Terms and Conditions (“Terms”).

PLEASE REVIEW THE TERMS CAREFULLY, PARTICULARLY SECTION 20.1 RELATED TO ALLERGENS, SECTION 9.2 RELATED TO DEACTIVATION PROCEDURES

SAHAR ABU GHARBIEH FOR E MARKETING SERVICES. BOXEH (“BOXEH,” “WE,” “OUR,” “US” OR “COMPANY”) OPERATES THIS SITE AND THE BOXEH APP.

BY CLICKING ON THE “PLACE ORDER” BUTTON, COMPLETING THE REGISTRATION PROCESS, OR ACCESSING OR USING SITE OR APP, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THESE TERMS. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THIS SITE, THE APP, OR THE OFFERINGS (AS DEFINED BELOW)

Please note that the Site, App, the good or service offered through the Site and/or App, including, but not limited to the Service (as defined in Section 5.1) (“Products”), the text, audio, video, graphics, or other content featured on the Site or App (“Content”); CouponsPlease note that the Site, App, the good or service offered through the Site and/or App, including, but not limited to, the Service (as defined in Section 5) (“Products”), the text, audio, video, graphics, or other content featured on the Site or App (“Content”); the BOXEH Coupons (“Coupons”) for the purposes of these Terms, are considered to be the “Offerings.” Your use of, and participation in, certain Offerings may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms or will be presented to you for your acceptance when you sign up to use the supplemental Offering .Supplemental Terms include BOXEH’S Privacy Policy (“Privacy Policy”), the rules applicable to all other applicable BOXEH operating rules, policies, and other terms and conditions or documents that may be published on the Site and/or in the App, or which you may be otherwise notified of in writing. If the Terms are inconsistent with the Supplemental Terms, these Terms shall control. The Terms and any applicable Supplemental Terms are referred to herein as the “Agreement.” AS FURTHER EXPLAINED IN SECTION 3, PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY BOXEH IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, BOXEH will make a new copy of the Terms available at the Site and within the App and any new Supplemental Terms will be made available from within, or through, the Site or within the App. We will also update the “Last Updated” date at the top of the Terms. If you do not agree to any change(s) you shall stop using the Site, the App and/or the Offerings. Otherwise, your continued use of the Site, the App and/or Offerings constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS

You should print a copy of these terms and conditions for future reference.

  1. INFORMATION ABOUT US

SAHAR ABU GHARBIEH FOR E MARKETING SERVICES. BOXEH is a Proprietorship Located in Um Al-Summaq, Amman, Jordan.

  1. SERVICE AVAILABILITY AND YOUR STATUS

The Site, the App, and Offerings, are intended for use by individuals in the Hashemite Kingdom of Jordan (“Serviced Countries”). At this time, we do not accept orders from individuals outside the Serviced Countries. As such, by placing an order through our Site or App, you represent and warrant that you: (1) Are legally capable of entering into this Agreement; (2) Are at least 18 years old; (3) Are a resident of a Serviced Country; and (4) Are accessing the Site or App from a Serviced Country.

  1. MODIFICATION

In our sole discretion, BOXEH shall have the right to change, amend, add to, remove, or supplement the Agreement (including the Privacy Policy), without notice to you; provided, however, that changes to the procedures applicable to the resolution of disputes shall only apply to disputes which arise after the modified or additional provision is published on the Site or App.

  1. REGISTRATION

4.1 Registering Your Account. In order to utilize specific features on the Site and App, individuals will need to become a Registered User. For purposes of the Agreement, a “Registered User” is a user who has registered an account on the Site (“Account”).

4.2 Registration Data. Should you create an account with BOXEH, you agree to: (1) provide true, accurate, complete and up-to- date information, as well as updating the information as necessary; (2) maintain the security of your password and accept the risks associated with access to your account which is not authorized by you; (3) notify us as soon as possible either at info@boxeh.net or call +962795086560 if you believe there have been any breaches to the security of the Site, the App, or your account information; and (4) exit from your Account at the end of each session. You represent that you are (A) at least thirteen (13) years old; (B) of legal age to form a binding contract; and (C) not a person barred from using the Site or App under the laws of the Hashemite Kingdom of Jordan, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Site and App by minors. You may not share your Account or password with anyone If you provide any information that is untrue, inaccurate, not current or incomplete, or BOXEH has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, BOXEH has the right to suspend or terminate your Account and refuse any and all current or future use of Site, App, or Offerings (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform at any given time. BOXEH reserves the right to remove or reclaim any usernames at any time and for any reason. You agree not to create an Account or use the Site or App if you have been previously removed by BOXEH, or if you have been previously banned from any the Site or App. You acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of BOXEH. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICES BY ANYONE USING YOUR ACCOUNT WHETHER OR NOT SUCH ACCESS TO AND USE OF YOUR ACCOUNT IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

  1. BOXEH’S SERVICES

Boxeh Products (“Service”). As part of the Service, we offer a number of products options that you may choose from (“Plan”). Each week you will receive a package from Boxeh (your “Meal Box”), including the contents of your chosen Plan (a specific number and type of “Meal Kits”). You can find specific details regarding your Plan and the Boxeh Service by accessing your Account details via the Site or the App.

  1. PAYMENT AND PRICING

6.1 Price Adjustments. We reserve the right to adjust prices in our sole discretion, at any time and without notice to you; provided, however, that we will provide you with at least ten (10) days’ advance notice of any price changes with your specific Plan rate. Your acceptance of deliveries of the Products after such notice has been delivered to you will constitute your acceptance of such price changes, unless you cancel your subscription to the Service in accordance with these Terms. All prices shown on the Site and/or in the App are in Jordanian Dinar. Any applicable taxes and other fees or charges are not included and are additional to any prices shown on the Site and/or in the App. Prices, taxes or other fees may vary geographically. The shipment of meal ingredients to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription in accordance with the Term’s Deactivation policies, found in Section 9.2.

6.2 Plan Add-Ons. Different features and other customized options may become available in addition to your plan, including, but not limited to, premium options, new product add-ons, and modified shipping options. These may change the price of your plan on a recurring basis. Should you have any questions about any of the options available under your plan, please visit www.boxeh.net, email info@boxeh.net or call +962795086560.

6.3 Payment. You agree to pay for all orders made from your Account in accordance with the prices and billing terms in effect at the time an order is made from your Account. You also agree to pay all applicable taxes. To make an order from an Account, you must provide valid payment information (e.g. credit card, debit card, and/or a Gift Card) through the Site or App. By placing an order through your Account, you also agree and authorize (1) the payment method(s) you provide to be immediately charged for all fees and taxes applicable to your order, (2) Boxeh to automatically charge alternative payment methods associated with your account if a primary payment method is declined or no longer available, (3) Boxeh to share payment information and instructions required to complete the payment transactions between Boxeh, our payment processors, and their third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and (4) no additional notice or consent is required for the foregoing authorizations. You agree to immediately update your Account in the event of any change in your payment information. Boxeh reserves the right at any time to change its billing methods.

  1. REPLACEMENT INGREDIENTS IN MEAL KITS AND PROMOTIONAL INCLUSIONS

Given the perishable nature of many of our ingredients, and market conditions and product supply beyond our control, we reserve the right to adjust the quantity of any ingredients in a Meal Kit, to discontinue the use of any ingredient or Product, or to substitute any ingredients or entire Meal Kits, all without notice. While we make every effort to ensure that you are provided with the very best ingredients for our Meal Kits, these switches may occasionally be required. If such a substitution is required, we will make reasonable efforts to notify you prior to shipment. If you have any issues with any substitution, or either an ingredient or a Meal Kit, please contact us at info@boxeh.net or call +962795086560. Additionally, please note that, on occasion, Boxeh will include products from our partners in our meal boxes which may contain some or all of the 8 major allergens (in addition to other ingredients). Please refer to Section 20.1 to review our allergen policy. Additionally, if you have any questions or concerns about any additional products or materials in your Meal Box, please contact Customer Care at info@boxeh.net or call +962795086560.

  1. Coupons

BOXEH may offer discount promotions, free/discounted trials, or other types of Coupons (“Coupons”). In order to utilize the offer on the Coupon, users need to create an Account through the Site or App and input their information and the code found on the Coupon to redeem. If you purchase any Coupon, Coupon is deemed to have been sold at the time of payment for it. The discount found on the Coupon only lasts for the first week of your subscription plan, unless it specifically states otherwise on the Coupon or when you sign-up. Similarly, a Voucher may only be used once and may not be copied, reproduced, distributed, or published either directly or indirectly in any form or stored in data retrieval systems without our prior written approval. Additionally, Coupons are only for first-time users of Boxeh, unless the Coupon states otherwise. Boxeh reserves the right to withdraw or deactivate any Coupon (other than one which has been purchased) for any reason, at any time. For the avoidance of doubt, and in accordance of the foregoing sentence, Boxeh reserves the right to withdraw or deactivate any of your outstanding referral credits or similar Coupons in the event your referral code is posted to a third party website (excluding your own social media profile(s) or blogs), or if you otherwise violate this Agreement. Coupons may only be redeemed through our Site or App, and not through any other website or method of communication. To use your Coupon, 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 this Agreement and any special conditions attached to the Coupon. Pursuant to this Agreement, at the expiration of the Coupon, you agree and acknowledge that you will be billed the standard rate for your Meal Kit on a recurring, weekly basis, unless you cancel your Plan prior to the end of the Coupon period with proper, advance notice to Boxeh in accordance with this Agreement. As a part of the verification process, Boxeh may require you to provide additional identification information. In addition, as a part of the verification process, you authorize Boxeh to charge to your credit card a $1.00 authorization charge (or such other amount identified to customer at time of verification by Boxeh), which amount will be refunded following successful authorization.

  1. DELIVERY

9.1 Boxeh Delivery Week. Boxeh’s “Delivery Week” begins on Sunday and runs through the following Saturday. The start of our Delivery Week means that new Meal Kits are available to be delivered in your Meal Box.

9.2 Deactivation Procedures. Please note that the ability to change an order locks once you receive the confirmation email for your scheduled delivery date and Time. Therefore, if you wish to deactivate your Account and/or cancel or change an order, you must do so before the day and time listed above for your respective delivery date. If you Change or Cancel your order after you receive the confirmation email, you will be charged and receive your Meal Box for that week. To deactivate your Account, please Call Boxeh Customer Care at +962795086560 or email info@boxeh.net stating that you wish to terminate your account, along with your full name and registered email address. Where required, you may also deactivate your Account by accessing your Account on the Boxeh website.

9.3 Delivery Specifics. In the case of weather which inhibits the ability to make safe deliveries, or other events beyond our control that interfere with our ability to deliver your order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur on a date other than your scheduled delivery day. If the delivery of your Meal Box is not feasible, we will cancel your delivery for the period so affected and issue you a credit, as determined in our sole discretion or refund of a part or the whole of the purchase price for that Meal Box.

  1. FORCE MAJEURE

We will not be liable or responsible for any failure to perform, or delay the performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, but is not limited, to the following: (1) Strikes, lock-outs, or other industrial action; (2) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war; (3) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster; (4) Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport; (5) Impossibility of the use of public or private telecommunications networks; and (6) The acts, decrees, legislation, regulations, or restrictions of any government. Our performance under this Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations under this Agreement may be performed despite the Force Majeure Event.

  1. RECEIPT OF THE MATERIALS AND FOOD PREPARATION

Boxeh uses specific materials to refrigerate perishable items and also uses third party delivery companies to deliver Meal Boxes to customers. Please note that you are responsible for reviewing the Meal Box upon delivery and inspecting all of the Products contained within for any defects or other problems upon delivery. If you are not home when your Meal Box is delivered, the Meal Box will be left at your door or in a common area. Upon the completion of your review of the Meal Box, we recommend that you place all perishables in your refrigerator to ensure the ingredients’ integrity. The risk of loss and/or damage passes to you at the time of delivery. All items are solely at your risk from the time of delivery. As such, you are solely responsible for any preparatory steps, storage of the contents of any Meal Kits, safe washing (we recommend that all fresh produce is washed prior to inclusion in any meal), and the cooking of all the ingredients of the respective Meal Kits. We recommend that you use a thermometer to measure the temperature of any poultry, fish, or meat products, and, you should utilize said thermometer to ensure that they are at (or below) 41 degrees Fahrenheit.

Boxeh recommends that all cooking instructions found in the recipe booklet be followed, and all seafood, meats, and poultry should be cooked to the JFDA’s recommended internal temperatures (165 degrees Fahrenheit for poultry; 160 degrees Fahrenheit for ground meats; 145 degrees for whole meats; and 145 degrees Fahrenheit for seafood). Boxeh recommends utilizing a food thermometer to verify internal temperatures.

  1. RECIPE CARDS

Additionally, please note that each Meal Kit will have a corresponding recipe card contained in the Meal Box. If your Meal Box does not contain one or more of the corresponding recipe cards, you can refer to your account on the Site and App for the recipes you purchased. If you have any questions or concerns related to the recipe cards, please contact info@boxeh.net or Customer Care at +962795086560.

  1. RETURN AND REFUND POLICY

In the event that you are unhappy with any part of your Meal Box, or a specific Meal Kit, you can reach out to us at info@Boxeh.net or Call Customer Care at +962795086560. Please do so within Three (3) days of the date you received the unsatisfactory item. If related to ingredients or condition of a Meal Kit, we, at our sole discretion, may give you credit for the individual ingredient or Meal Kit, and in some situations, issue a partial or full refund for the ingredient or the Meal Kit. We reserve the right, however, to require either the return of the unsatisfactory ingredient or Meal Kit, or a photograph of such, before any partial/full refund or credit will be issued. Subject to this Agreement, Boxeh grants you a limited license to utilize the Offerings for personal, non-commercial use. Any future release, update or other addition to the Offerings shall be subject to this Agreement. Boxeh, its suppliers, and its service providers reserve all rights not granted in this Agreement.

  1. PROPRIETARY RIGHTS 

Boxeh is the owner and operator of the Site and the App. Additionally, Boxeh is the owner of, or duly licensed to utilize, all content, features, and functionality (including, but not limited to, all information, text, graphics, software, video, and audio, and the design, selection, and arrangement thereof) published on the Site, the App, or any Offerings. The Offerings are protected by copyright, trademark, trade secret, and other intellectual property or proprietary rights laws throughout the world.

Users are only permitted to use these materials in order to utilize Boxeh’s Offerings for personal, non-commercial use. Any other use of Boxeh’s materials, including modification, distribution, or reproduction for purposes other than the personal usage of Boxeh’s Offerings, without written approval from Boxeh (which can be provided through email) is prohibited.

14.1 Trademarks. “Boxeh,” all other Boxeh marks and logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Boxeh or otherwise proprietary to Boxeh and may not be used by you for any reason other than as expressly permitted by the Terms. All other trademarks, service marks, product names, and company names, logos, designs, or slogans appearing by and through the Offerings are the property of their respective owners and you do not acquire any ownership rights in or to such marks, logos, or names by using and/or accessing the Offerings. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Offerings.

14.2 Other Content. Except with respect to your User Content, you agree that you have no right, title, or interest in or to any Content that appears on or in the Offerings.

14.3Procedure for Making Claims of Copyright Infringement. Boxeh reserves the right to terminate any end-user’s access to the Offerings where that end-user infringes upon third-party copyrights. If you believe content posted on the App or Site infringes your copyright, please provide our copyright agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Correspondence to regarding notice of claims of copyright infringement should be sent to our copyright agent info@boxeh.net.

  1. PROHIBITED USES

You may use Boxeh Offerings only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Offerings:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from The Hashemite Kingdom of Jordan or other countries)..
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate Boxeh, an employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or App, or which, as determined by us, may harm Boxeh or users of the Site or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site..
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of- service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

NON-USER THIRD PARTY CONENT

We may display content, advertisements, and promotions from third parties through the Site, in mailings or emails containing information regarding other companies, or with or contained within the Offerings (“Third Party Content”). The Third Party Content is not endorsed, adopted by, or controlled by Boxeh, and we make no representations or warranties of any kind regarding such Third Party Content, regarding its accuracy or completeness. You acknowledge and agree that (i) your interactions with third parties providing Third Party Content through or on the Offerings (including, but not limited to, our Site, App, social media, other Content, or Products) are solely between you and such third parties; and (ii) that it is impossible for Boxeh to monitor such materials and that you access these materials at your own risk.

  1. USER CONDUCT

You agree that you will not violate any law, statute, regulation, intellectual property (including, but not limited to, copyright and trademarks), contractual obligations, other third party rights, or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Site or App. You agree that you will abide by this Agreement and will not: (1) display personal or confidential information related to any third party, including, but not limited to, street addresses, email addresses, last names, telephone numbers, and URLs; (2) attempt to access or use another user’s account unless permitted to do so, in writing, from both the user and Boxeh; (3) engage in any behaviour which is deemed to be harassment, threatening, stalking or predation of any other person; (4) make any claim, statement, or assertion, or imply, that your claim, statement, or assertion is endorsed by Boxeh without Boxeh’s express written consent; (5) engage in the commercial solicitation of other end-users; (6) collect or record end-users’ personal information without their prior written consent; (7) develop or use any third party applications that interact with any of Boxeh’s Content, the Site, or the App without our prior written consent; (8) use the Site or App in any way that prevents or inhibits other end-users from fully utilizing the Site or App, or in a way that could overburden or interfere with the functioning of the Site or App in any manner; (9) use any manual or automatic process, means, or interface (including, but not limited to robot, spider, script or, browser extension), which Boxeh has not authorized to access the Site or the App, to retrieve or index data or content; (10) decipher or reverse engineer any portion of the Site or the App that may reveal source code or bypass items designed to obstruct, limit, or stop access to any Content, specific site within the Site, or code within the Site; (11) access or attempt to access any portion or feature of the Site or App which you are not authorized to access, pursuant to this Agreement or any subsequent agreements; or (12) use the Site or the App for any illegal purpose.

  1. USER CONTENT

Pursuant to the specifications located in this Agreement, the Site, App, or any social media platforms on which Boxeh has an official page or feed, may include, now or in the future, areas (“Interactive Areas”) that allow users to post content, including but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, or other materials (“User Content”). Any User Content you post or submit to us through email or other channels must, in its entirety, comply with all applicable federal, state, local and international laws and regulations, and this Agreement (including, but not limited to, the Prohibited Uses set out in Section 15 of these Terms, respectively). You understand and acknowledge that you are responsible for any User Content you submit or contribute through any channel or method and your use of any Interactive Areas of the Site and/or App, and you, not Boxeh, have full responsibility for such content and use, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Site. You understand and acknowledge that User Content that you share with a third party through the Site or third party platforms will be viewable by others in accordance with the privacy settings you establish. Any User Content you post to the Site will be considered non-confidential and non-proprietary. By providing any User Content, you represent and warrant that:(1) You own or control all rights in and to the User Content and have the right to grant the license granted below to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (2) all of your User Content does and will comply with this Agreement. We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Site, the App, to our pages, e-mails, business address, or feeds on third party social media platforms (e.g., Boxeh’s Facebook page, Instagram page, LinkedIn, or Twitter feed), you hereby: (1) grant Boxeh and its affiliates and subsidiaries a nonexclusive, royalty-free, transferable, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part; (2) represent and warrant that (a) you own and control all of the rights to the User Content or you otherwise have the lawful right to post such User Content, (b) the User Content is non-confidential and you authorize Boxeh to use such User Content for the purposes described in this Agreement, (c) the User Content is accurate and not misleading or harmful in any manner, and (d) the User Content, and your use and posting thereof, does not and will not violate this Agreement or any applicable law, rule, regulation or third party right.

  1. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Boxeh, our affiliates, service providers, and licensors and their respective directors, officers, agents, contractors, partners, licensors, representatives, suppliers and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, (including reasonable legal fees) arising out of or in connection with your use of the Site, the App, the Products or any Offerings, or any information obtained therefor other than as expressly authorized in this Agreement. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by us. You agree to promptly notify Boxeh of any third-party claims, cooperate with Boxeh in defending such claims, and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Boxeh. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to the Offerings.

  1. DISCLAIMERS

YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE PREPARATION (INCLUDING STORAGE, WASHING, AND COOKING), USE, AND CONSUMPTION OF THE CONTENTS OF THE MEAL BOXES. AS SUCH, ALL CONTENTS OF THE RESPECTIVE MEAL BOXES ARE PROVIDED “AS-IS” AND “AS AVAILABLE,” AND, TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW, ALL EXPRESS AND IMPLIED WARRANTIES ARE DISCLAIMED. THIS SPECIFICALLY INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES FOR THE NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

20.1. Allergen Information. PLEASE NOTE THAT THE EIGHT MAJOR ALLERGENS, AS DETERMINED BY THE US FOOD AND DRUG ADMINISTRATION, WHICH ARE WHEAT, EGG, SOY, MILK, TREENUTS, PEANUTS, FISH, AND SHELLFISH, ARE STORED, PORTIONED, AND PACKAGED IN BOXEH’S AND OUR SUPPLIER’S FACILITIES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE THESE PRODUCTS, AND WHILE BOXEH TAKES PRECAUTIONS TO LIMIT ANY CROSS-CONTAMINATION, CROSS-CONTAMINATION MAY OCCUR BETWEEN FOOD PRODUCTS, AND THUS, THE RESPECTIVE MEAL KITS, OR THE MEAL BOX, MAY CONTAIN SOME OR ALL OF THE ALLERGENS LISTED. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. BOXEH DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE OR APP IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT BOXEH IN ORDER TO PROVIDE INFORMATION TO CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.

20.2. Specifications Related to Warranties. WE ATTEMPT TO DISPLAY THE PRODUCTS YOU WILL RECEIVE IN YOUR MEAL KITS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITE AND APP, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AND RELIABLY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND SUBJECT TO THIS AGREEMENT, TO CORRECT SUCH ERRORS AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A CREDIT REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.

We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Site (or any features or functionality of the Site) and the Products at any time without notice and without obligation or liability to you.

  1. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BOXEH, ITS AFFILIATES (INCLUDING, BUT NOT LIMITED TO, THEIR LICENSORS, SERVICE PROVIDERS, DIRECTORS, OFFICERS, AGENTS, PARTNERS, REPRESENTATIVES AND EMPLOYEES) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY/PUNITIVE DAMAGES. THIS LIMITATION SHALL INCLUDE, BUT IS NOT LIMITED TO, DAMAGES RELATED TO PERSONAL INJURY; PAIN AND SUFFERING; EMOTIONAL DISTRESS; BUSINESS INTERRUPTION; LOSS OF PROFITS, REVENUE, BUSINESS OR ANTICIPATED SAVINGS, USE, GOODWILL, DATA; AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE) BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. ADDITIONALLY, IN NO EVENT SHALL BOXEH BE LIABLE FOR DISPUTES ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, APP OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, THIRD PARTY CONTENT, CONTENT OF LINKED THIRD PARTY SITES), OR THE ORDERING, RECEIPT, OR USE OF ANY PRODUCT, OR OTHERWISE RELATED TO THIS AGREEMENT(INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM BOXEH, OR FROM EVENTS BEYOND BOXEH’S REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE). UNDER NO CIRCUMSTANCES WILL BOXEH BE LIABLE TO YOU FOR MORE THAN THE TOTAL AMOUNT PAID TO BOXEH BY YOU DURING THE THIRTY (30) DAY PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS SET FORTH IN THIS SECTION 21 SHALL NOT AFFECT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW/JURISDICTION, SUCH AS LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY OUR ACTS OR OMISSIONS, OR FOR OUR GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT.

  1. MODIFICATIONS TO THE SITE AND PRODUCTS

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site or App (or any features or parts thereof) or the rates, delivery, or provision of the Products at any time.

  1. DISPUTE RESOLUTION & BINDING ARBITRATION

If you have a dispute with Boxeh arising out of your use of the Services, You agree that the place of dispute remains the Hashemite Kingdom of Jordan.

  1. TERM, TERMINATION AND SURVIVAL

24.1 Term. The Agreement commences on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Offerings, unless terminated earlier in accordance with the Agreement.

24.2 Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used the Offerings or (b) the date you accepted the Agreement and will remain in full force and effect while you use any Offerings, unless earlier terminated in accordance with the Agreement.

24.3 Termination. Notwithstanding anything contained in this Agreement, we reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use the Site and to order, receive and use the Products, at any time and for any or no reason, including, without limitation, any violation of this Agreement. You can cancel your Service in accordance to the terms set forth in Sections 6 and 10.3 hereunder. Except as set forth above, the Service subscription fee shall be non-refundable. If timely payment cannot be charged to your payment provider for any reason, if you have materially breached any provision of the Agreement, or if Boxeh is required to do so by law (e.g., where the provision of the Site, the App or the Services is, or becomes, unlawful), Company has the right to, immediately and without notice, suspend or terminate any services provided to you. You agree that all terminations for cause shall be made in Boxeh’s sole discretion and that Boxeh shall not be liable to you or any third party for any termination of your Account. We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Site (or any features or functionality of the Site) and the Products at any time without notice and without obligation or liability to you.

24.4 Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Service also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof). Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Service may involve deletion of Your Content associated therewith from our live databases. Boxeh will not have any liability whatsoever to you for any suspension or termination. All provisions of the Agreement which by their nature should survive, shall survive termination of the Offering or Service, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

24.5 No Subsequent Registration. If your registration(s) with or ability to access the Service is discontinued by Boxeh due to your violation of any portion of the Agreement, then you agree that you shall not attempt to re-register with or access the Service through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Boxeh reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

  1. SEVERABILITY AND WAIVER

If any of this Agreement are determined by any competent jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law. No waiver by Boxeh of any provision in this Agreement shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and any failure to assert a right or provision under this Agreement does not constitute a waiver of such right or provision.

  1. APP STORES

You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play (each, an “App Store”). You acknowledge that the Agreement is between you and Company and not with the App Store. Boxeh, not the App Store, is solely responsible for the Offerings, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network or other, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Offerings, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Offerings, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.

26.1 Additional Terms for Apple Apps. With respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. In addition, the following terms apply to any App Store Sourced Application: (a) You acknowledge and agree that (i) this Agreement is concluded between you and Boxeh only, and not Apple, and (ii) Boxeh, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service. (b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. (c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Boxeh and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Boxeh. (d) You and Boxeh acknowledge that, as between Boxeh and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. (e) You and Boxeh acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Boxeh and Apple, Boxeh, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. (f) You and Boxeh acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof. (g)Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

  1. MISCELLANEOUS

This Agreement and any document expressly referred to in them constitute the whole agreement between you and Boxeh, and supersede all previous discussions, correspondence, negotiations, arrangements, understandings, or agreements between us relating to the subject matter of any contract. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Boxeh. Except as otherwise provided herein, this Agreement are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

  1. ELECTRONIC COMMUNICATIONS

The communications between you and use electronic means, whether you visit Services or send Boxeh e-mails, or whether Boxeh posts notices on Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Boxeh in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications related to these Agreement that Boxeh provides to you electronically satisfy any legal requirement that such communications would satisfy if they were made in writing in a physical document. The foregoing does not affect your statutory rights.

  1. NOTICE

Where Boxeh requires that you provide an e-mail address, you are responsible for providing Boxeh with your most current e-mail address. In the event that the last e-mail address you provided to Boxeh is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, Boxeh ’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.

 

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