Terms & Conditions
Terms and Conditions of The Vacation Property Group, LLC, a Florida limited liability company.
Welcome to VayK Meals and our Terms and Conditions of Service (“Terms” or “Agreement”). These Terms are important and affect your legal rights, so please read them carefully.
THESE TERMS ARE AN ENFORCEABLE CONTRACT BETWEEN YOU AND VAYK MEALS WHICH AFFECTS YOUR LEGAL RIGHTS.
These Terms govern all aspects of your interactions and relationship with VayK Meals, including without limitation, visiting and interacting with the Site, receiving promotions from us, participating in activities or sweepstakes/contests involving us, purchasing products or services from us, and receiving communications from us, including promotional texts, calls, and emails. We urge you to download or print these Terms for ease of reference and to keep a copy of the Terms for your records. When changes are made to these Terms, VayK Meals will make a new copy of the Terms available on the Site. We will also update the “Effective Date” at the top of the Terms. If you do not agree to any change(s) you may not use the Site, and/or the Offerings (defined in Section 5 below) as applicable. Your continued use of the Site, and/or Offerings constitutes your acceptance of such change(s), and such changes shall apply prospectively only.
1. INFORMATION ABOUT US. The Vacation Property Group, LLC, a Florida limited liability company, d/b/a VayK Meals, is a general corporation incorporated in the State of Florida.
2. SERVICE AVAILABILITY AND YOUR ELIGIBILITY. The Site and offerings are intended for use by individuals staying in a Partner property. By placing an order through our Site, you represent and warrant that you: (1) Are legally capable of entering into this Agreement; (2) Are at least 18 years old; Are accessing the Site from a Serviced State; (5) Have not been previously suspended or removed from the Site, or engaged in any activity that could result in suspension or removal from the Site.
4. COMMUNICATION. By providing your phone number to VayK Meals through the Site or in connection with your order, receipt or use of our Products, you consent to receive calls or text messages, including calls or text messages sent through automatic telephone dialing systems and pre-recorded calls at any telephone number that you have provided us, in order for us to: (i) provide you updates on the status of your order and/or delivery; (ii) collect an outstanding payment or debt; (iii) contact you about exclusive offers and for any other marketing or promotional purposes; and (iv) send you cart reminders. If you elect to receive text messages or phone calls from us, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from us (“Text Message”), including your consent to marketing messages sent through an automatic system. This service is optional and is not a condition of purchase. Message frequency varies. You can opt out of receiving further Text Messages or at any time. To opt out of Text Messages from us, reply “STOP” at any time to any Text Message you receive from us. Message and data rates may apply. Please contact your mobile phone carrier for details. Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. Text Message services are provided on an “as is” basis. Data obtained from you in connection with any Text Message services may include your mobile number, your mobile provider’s name and the date, time, and content of your Text Messages. If you change or deactivate a phone number you have provided VayK Meals, you have an affirmative obligation to update your information and the phone number(s) to prevent us from inadvertently communicating with the individuals who acquire any phone number(s) previously linked to you. Any new or updated phone number you provide VayK Meals may receive our standard marketing Text Messages unless you also unsubscribe through the procedures provided in this section. Following such opt-out, you may continue to receive messages for a short period of time we process your request. It is your responsibility to keep your information, including your phone number, updated. We may share your telephone number with our service providers (such as billing or collections companies) that we have contracted to assist us in pursuing our rights. You agree that these service providers may also contact you using autodialed or prerecorded calls and text messages, only as authorized by us to carry out the purposes identified above. We may, with notice as required by law, monitor or record your communications with VayK Meals for training and quality assurance purposes.
6. MEAL ITEMS CREDIT/DISCOUNT. You are given a non-cash credit or discount to apply toward Meal Items. If your total Meal Item value is less than or equal to the amount of the non-cash credit/discount, then there will be no additional charge. You will NOT receive a credit or cash refund if the total Meal Item’s value is less than the amount of the non-cash credit/discount. If your total Meal Item’s purchase value exceeds the amount of the non-cash credit, then you will be charged the difference. You agree to pay the additional charge, if any. Delivery of Meal Items will not be made if there is an unpaid balance. While VayK Meals endeavors to ensure that descriptions and prices of Meal Items are correct, VayK Meals reserves the right to correct errors as needed. All prices and availability are subject to change without notice.
7. PAYMENT AND PRICING. 7.1 Pricing Adjustments. We reserve the right to adjust prices at our sole discretion, at any time and without notice to you. All prices shown on the Site are in U.S. dollars. Any applicable taxes and other fees or charges are not included and are additional to any prices shown on the Site. Prices, taxes or other fees may vary geographically. The delivery of meal ingredients to you after our delivery of such notice will confirm your acceptance of such changes in accordance with the Term’s Deactivation policies. 7.2 Payment. You agree to pay for all orders made in accordance with the prices and billing terms in effect at the time an order is made. You also agree to pay all applicable taxes. To order from the site, you must provide valid payment information (e.g. credit card, debit card, and/or a Gift Card). By placing an order, 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) VayK Meals to share payment information and instructions required to complete the payment transactions between VayK Meals, our payment processors, and their third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
8. REPLACEMENT INGREDIENTS IN MEALS. 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, to discontinue the use of any ingredient or Product, or to substitute any ingredients or entire meal items, all without notice. While we make every effort to ensure that you are provided with the very best ingredients for our Meal Items, these switches may occasionally be required. If such a substitution is required, we will make reasonable efforts to notify you prior to delivery. If you have any issues with any substitution, or either an ingredient or a Meal Item, please contact us at email@example.com.
9. CHANGES; REFUNDS; EXCHANGES. Meal Item selections must be made at least 48 hours prior to Lessee’s arrival, or the Meals may not be delivered the day of arrival. If your vacation stay is canceled or shortened by your rental company due to a named hurricane, VayK Meals will credit the credit card used for the amount of the refund of Meal Items purchased but not delivered.
10. 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 Items 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 those Meal Items.
11. 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.
12. RECEIPT OF THE MATERIALS AND FOOD PREPARATION. VayK Meals uses specific materials to refrigerate perishable items. Please note that you are responsible for reviewing the Meal Items upon delivery and inspecting all of the Products contained within for any defects or other problems upon delivery. The Meal Items will be left in your refrigerator. Upon the completion of your review of the Meal Items, we recommend that you store meals in the refrigerator until you are ready to prepare and consume them. The risk of loss and/or damage passes to you at the time of delivery. We highly recommend that you review the USDA’s instructions on safe food handling, which can be found here. All items are solely at your risk from the time of delivery. As such, you are solely responsible for any preparatory steps and storage of the contents of any Meal Items.
13. PREPARATION CARDS. Additionally, please note that each Meal Kit will have a corresponding preparation card contained in the Meal Items. This card contains all information required for the safe and recommended preparation of your meal. You assume all risks if deviating from the recommended preparation. If your Meal Items does not contain one of the corresponding preparation cards, please contact firstname.lastname@example.org.
14. RETURN AND REFUND POLICY. In the event that you are unhappy with any part of your Meal Items, or a specific Meal, you can reach out to us at email@example.com. Please do so within five (5) days of the date you received the unsatisfactory item. If related to ingredients or condition of a Meal Item, 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. Any future release, update or other addition to the Offerings shall be subject to this Agreement. VayK Meals, its suppliers, and its service providers reserve all rights not granted in this Agreement.
15. INDEMNIFICATION. You agree to defend, indemnify and hold harmless VayK Meals, 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 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 defense 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 VayK Meals of any third-party claims, cooperate with VayK Meals 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 VayK Meals. You agree that the provisions in this Section will survive any termination of your Account, the Agreement and/or your access to the Offerings.
16. DISCLAIMERS. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE PREPARATION USE, AND CONSUMPTION OF THE CONTENTS OF THE MEAL ITEMS. AS SUCH, ALL CONTENTS OF THE RESPECTIVE MEAL ITEMS ARE PROVIDED “AS-IS” AND “AS AVAILABLE,” AND, TO THE FULLEST EXTENT ALLOWABLE UNDER 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.
17. NUTRITION INFORMATION. VAYK MEALS DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE 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 VAYK MEALS IN ORDER TO PROVIDE INFORMATION TO CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.
18. SPECIFICATION RELATED TO WARRANTIES. WE ATTEMPT TO DISPLAY THE PRODUCTS YOU WILL RECEIVE AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITE, 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.
19. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VAYK MEALS, 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 VAYK MEALS 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, 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 VAYK MEALS OR FROM EVENTS BEYOND VAYK MEALS’ 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 VAYK MEALS BE LIABLE TO YOU FOR MORE THAN THE TOTAL AMOUNT PAID TO VAYK MEALS 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 22 SHALL NOT AFFECT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER 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.
20. 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 any features or parts thereof) or the rates, delivery, or provision of the Products at any time.
21. WAIVER. The failure of either party to enforce any provision of this agreement shall not be deemed a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with the same or any other provision of this agreement.
22. ENTIRE AGREEMENT. This agreement, along with the your Order Confirmation, constitutes the entire agreement between the parties with respect to the subject matter hereof, and it may not be amended, altered or changed except by a further writing signed by the parties hereto. If any portion of the agreement is found to be unenforceable, it will not affect the remainder of the agreement, which shall remain valid and enforceable. Lessee may not assign this agreement without the prior written consent of VayK Gear, which consent may be withheld for any reason.
23. SURVIVAL. Your obligations under this agreement shall survive the expiration or cancellation of this agreement for any reason. If you are more than one person, then each such person shall be jointly and severally liable for the obligations of Lessee hereunder.
24. GOVERNING LAW. This agreement shall be construed and enforced according to laws of the State of Florida, without reference to any conflicts of laws provisions. The parties agree that any action arising out of or related to this agreement or the services provided by Lessor shall be brought only in a state or federal court located in Franklin County, FL, and the parties hereby expressly waive any objection to venue or personal jurisdiction or that the forum is not convenient. The parties accept generally and unconditionally the in personam jurisdiction and venue of the aforesaid courts and waive any defense of forum non conveniens.
25. DISPUTE RESOLUTION. 25.1 Attorneys’ Fees & Costs – Our philosophy is to treat all consumers, including our customers, honestly and reasonably. In the event of any claim, dispute, action or controversy regarding this agreement, including any litigation, mediation or arbitration, the substantially prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs from the other party, whether such fees and costs are incurred before or at trial, on appeal, during any post-judgment collection action, or otherwise. 25.2 No Class Actions – Except as expressly provided for in the Mass Arbitration Rules in the event of a Final Determination, you and VayK Meals agree that all Disputes must be resolved on an individual basis only. This means that in such circumstances: (a) neither you nor VayK Meals can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator cannot combine multiple claimant’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only decide the Disputes of that claimant, not other claimants. Nothing in this agreement, including this section, is intended to limit the relief available to either you as an individual or VayK Meals in arbitration or small claims court, including equitable relief that an arbitrator may be required to make available by applicable law. Nor does anything in this section limits your or VayK Meals’ rights to resolve a Dispute by mutual agreement through a class-wide settlement of claims whether through mediation or otherwise.
26. 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 VayK Meals 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.
27. ELECTRONIC COMMUNICATIONS.The communications between you and use electronic means, whether you visit the Site or send VayK Meals emails, or whether VayK Meals posts notices on the Site or communicates with you via email. For contractual purposes, you (1) consent to receive communications from VayK Meals in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications related to these Agreement that VayK Meals 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.
28. CONFIDENTIALITY. VayK Meals agrees to hold your selections, personal information, and credit card information confidential and will use and/or disclose such information only as necessary for the purpose of performing this agreement.
The Vacation Property Management Group, LLC