Welcome to Ultimate Munch. PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE ("Site"). This Agreement (the "Agreement") is an agreement between you and Ultimate Munch, LLC. ("Ultimate Munch") that states the terms and conditions under which you may use the Site and place product orders (the "Ultimate Munch Service"). Your use of the Ultimate Munch Service and the Site constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, do not use the Site or the Ultimate Munch Service.
If you have any questions about this Agreement or the Site please call us at (917) 826-4778.
All of our products and services are backed by a 100% customer satisfaction guarantee. If you are dissatisfied for any reason, we want to make it right. Just call us at (917) 826-4778 or contact us via e-mail at service@ultimatemunch.com. You have up to two days after delivery to notify us of a problem with any item purchased on our site. Ultimate Munch may require the return of the product with which you are dissatisfied before we substitute an acceptable item or issue a credit voucher.
Ordering through the Site. Available delivery windows and associated delivery charges will be shown as you proceed through the ordering process. To modify an existing order (including the addition or deletion of items, change of delivery date, and the cancellation of your order), please call us during posted hours at (917) 826-4778. However, modified orders are subject to price changes and a change of a delivery date may not guarantee the availability of your desired items. Cancellation of orders after the required cutoff time will result in a restocking fee equal to the sum of (A) 100% of the total dollar amount of your perishable items (since our perishable items are custom-ordered and guaranteed fresh) plus (B) 25% of the total dollar amount of your nonperishable items plus (C) 50% of the total dollar amount of your beer items, excluding fees and tax.
Price and Availability. At Ultimate Munch we believe in offering our customers the high-quality products at competitive prices. 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. We reserve the right to limit your order or the quantity of a particular product that you may order. If we are unable to fulfill your entire order we will make every reasonable effort to contact you prior to delivery. Once you complete checkout, your price, or price per pound/ounce where applicable, is guaranteed unless you placed an order for an item where we have inadvertently listed the incorrect price. In those circumstances, we reserve the right to cancel undelivered orders for such incorrectly priced products; we will contact you immediately in such circumstances, and, of course, your credit card or checking account will not be charged.
Delivery of Products. Ultimate Munch and its vendors use major delivery companies (e.g. UPS, FedEx, DHL, etc.) to deliver your products. To maintain the integrity of products after delivery, we recommend that you immediately refrigerate or freeze perishable items.
To receive delivery, you must live in a residential apartment or home and you or your doorman must be present to receive your order from our driver during your selected delivery window. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If neither you, your doorman, nor your alternate receiver is present during your selected delivery window, we will use commercially reasonable efforts to contact you and reschedule delivery. In such case, if we are unable to redeliver the order to you for any reason, the order will be canceled and you will be charged a fee equal to the sum of (A) 100% of the total dollar amount of your perishable items (since our perishable items are custom-ordered and guaranteed fresh) plus (B) 25% of the total dollar amount of your nonperishable items plus (C) 50% of the total dollar amount of your beer items, excluding fees and tax.
Your order will arrive with an invoice that will list all of the items you have received and were billed for. If something is missing from your order, please call us at (917) 826-4778.
In the case of inclement weather, or unforeseen delivery complications, the carrier selected to deliver your products may be forced to make adjustments to the delivery schedule. 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. If your designated delivery location (i.e., street, avenue, etc.) or day is inaccessible, rendering it unable to make the delivery, someone will contact you to determine the best alternate location and/or date.
Credit Card Payment. Your credit/debit card will be charged for your order on the day your order is delivered/placed. Since certain perishables are priced by weight and the actual price is not known until we have prepared and weighed your order, we request credit card authorization for up to 125% of the estimated cost of perishables, but only charge you the actual cost that is determined after preparing and weighing your order. In addition, we will authorize your credit card for an amount equal to 100% of the total of the non-perishable items in your order. Ultimate Munch will not process orders that 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, Ultimate Munch reserves the right to collect funds for any uncollected transactions owed to it. Ultimate Munch may charge a nominal fee of $3 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 (which would include if a check is returned or electronic payment is rejected) or if a redelivery fee or restocking fee is imposed, Ultimate Munch may charge such amount directly to the credit card identified in your Customer Account Information and Ultimate Munch may suspend or terminate your access to the Ultimate Munch Service. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Ultimate Munch may incur in its efforts to collect any unpaid balances from you. Your right to use the Ultimate Munch Service is subject to limits established by Ultimate Munch and/or by your credit card issuer.
Copyright and Ownership. All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, Ultimate Munch. Consent is granted to view, electronically copy, and print in hard copy portions of this Site for the sole purpose of placing an order with Fresh Direct for your use. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Ultimate Munch is strictly prohibited. You acknowledge that Ultimate Munch and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. Ultimate Munch reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Ultimate Munch.
Trademarks. "Ultimate Munch," all Ultimate Munch logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Ultimate Munch or otherwise proprietary to Ultimate Munch and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names, and company names or logos appearing in the Ultimate Munch Service and on the Site 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 Ultimate Munch Service.
Access. You will provide all equipment and services and be responsible for all telephone and other charges necessary to access the Ultimate Munch Service and the Site. You should contact your local telephone company if you have a question about whether an access number is a long-distance or toll call from your location. You agree to comply with all laws applicable to your activities on the Ultimate Munch Site and with the terms of this Agreement. You hereby represent that you are an adult (18 years or older) and have the power and authority to enter into this Agreement and perform your obligations hereunder.
You acknowledge that from time to time the Ultimate Munch Service or this Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Ultimate Munch may undertake from time to time; or (iii) causes beyond the control of Ultimate Munch or which are not reasonably foreseeable by Ultimate Munch.
ID Number and Passwords. Access to the e-commerce portion of the Ultimate Munch Service is accomplished through the use of a user name and a password that will be issued to you upon registration. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the Ultimate Munch Service with your password. You agree to notify Ultimate Munch promptly of any unauthorized use of your password and you will remain liable for any use of the Ultimate Munch Service until you notify Ultimate Munch of the unauthorized use of your password.
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 Ultimate Munch Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, e-mail address, and alternate receiver for your order. You can update your information in the Your Account area on our Web site or contact our Customer Service department. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to Ultimate Munch, 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 on the Site and with this Agreement. Ultimate Munch'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 secure data center. Ultimate Munch will exercise commercially reasonable efforts to ensure that your payment information remains confidential, and is available only to personnel or partners who have a need to know such information in connection with providing you the Ultimate Munch 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. This technology works best when the Site is viewed using Microsoft's Internet Explorer or Netscape Navigator.
Corrections. If you would like to update or correct information previously provided to us, please send an e-mail with your new information to service@ultimatemunch.com, or you can update your account information yourself by going to Your Account on the Ultimate Munch Site.
Privacy Policy. Please review our Privacy Policy, which also governs your visit to the Ultimate Munch Site and use of the Ultimate Munch Service, to understand our practices.
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 Ultimate Munch Service, which includes, without limitation, use of the Ultimate Munch Service to: (a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail; (b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c) 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; (d) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (e) 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; (f) interfere with, disrupt, or attempt to gain unauthorized access to other accounts on the Ultimate Munch Service or any other computer network; (g) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or (h) engage in any other activity deemed by Ultimate Munch to be in conflict with the spirit or intent of this Agreement.
YOU EXPRESSLY AGREE THAT USE OF THE ULTIMATE MUNCH SERVICE, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE ULTIMATE MUNCH SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Ultimate Munch 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 Ultimate Munch SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE Ultimate Munch SERVICE; Ultimate Munch DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. Ultimate Munch 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 Ultimate Munch SERVICES. Ultimate Munch 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 Ultimate Munch NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, " Ultimate Munch 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 Ultimate Munch SERVICE, OR THE INTERNET. Ultimate Munch '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 Ultimate Munch SERVICE AND TO TERMINATE THIS AGREEMENT. Ultimate Munch 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. Ultimate Munch controls and operates this Site from its headquarters in New York, New York, USA, 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.
You agree to defend, indemnify, and hold Ultimate Munch 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 this Agreement by you or through use of your account.
Termination. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Ultimate Munch may suspend or terminate this Agreement or the Ultimate Munch Service or remove or disable access to any portion of the Ultimate Munch Service at any time for any reason with or without notice to you. You may terminate this Agreement and your Ultimate Munch Service 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. Ultimate Munch reserves the right to collect fees and charges incurred before you cancel your Ultimate Munch Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
Notices. Ultimate Munch may give notice to you of a change in this Agreement, a change in the Ultimate Munch Fee Schedule, and any other matter through a general posting on the Ultimate Munch Site, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to Ultimate Munch by telephone at 1-347-591-6103, by electronic mail or by conventional mail to:
Ultimate Munch, LLC
102 Bradhurst Avenue, 1001
New York, NY 10039
Attention: CUSTOMER CARE
Entire Agreement. This Agreement and the Privacy Policy referred to herein represent your entire agreement with Ultimate Munch regarding the use of the Ultimate Munch Service and the Ultimate Munch Site. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, Ultimate Munch, and Ultimate Munch Parties. If any portion of this 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 this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the State of New York without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Ultimate Munch or relating in any way to your use of the Ultimate Munch Service or the Ultimate Munch Site resides in the federal and state courts of New York and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of New York in connection with any such dispute, including any claim involving Ultimate Munch Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
Third-Party Beneficiaries. The provisions of this Agreement are for the benefit of Ultimate Munch Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. This Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of this Agreement and your Ultimate Munch Service.
Amendment. Ultimate Munch may amend this Agreement at any time by posting the amended terms on our Site. All amended terms shall automatically be effective seven days after they are initially posted on our Site. By using this Site after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound. This Agreement was last revised on November 9, 2007.