- contact@lunchsmile.com
Please take the time to carefully review these Terms of Use ("Terms") as they serve as the governing rules for your utilization of our Site and the additional services we offer through our Site. Both our Site and these supplementary services will collectively be referred to as "Services."
When you utilize our Services, you are consenting to abide by these Terms. If you do not agree with these Terms, kindly abstain from using the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or another legal entity, you affirm and guarantee that you possess the authority to legally bind that company or legal entity to these Terms. In such circumstances, the terms "you" and "your" will pertain to that company or legal entity.
We retain the authority to alter or amend these Terms at our discretion and at any time. In the event that we make modifications to these Terms, we will notify you through various channels, including:
To access and make use of specific functionalities on the Site, you must register for a Lunch Smile account. By establishing an account, you agree to provide accurate, current, and complete account information. It is crucial to keep your account information up to date and make necessary updates when required. Furthermore, you commit not to share your account password with anyone to ensure the security of your account credentials. If you come across or suspect any security breaches related to the Platform or your account, please inform us promptly. In the interest of account security, we reserve the right, at our sole discretion, to deactivate, suspend, terminate, or remove any account for any reason or to deny any user access to our Services.
Creating a Lunch Smile account also implies your consent to receive electronic communications from Lunch Smile. These communications may be delivered through email, SMS messaging, or posted notices on the Sites. They may contain essential information about your account, such as payment authorizations, password changes, and other transactional details, and are a fundamental part of your relationship with us. You agree that any notifications, agreements, disclosures, or other communications sent to you electronically meet legal communication requirements, including the requirement that such communications be in writing. It is advisable to retain copies of electronic communications from us, either by printing a hard copy or saving an electronic version. Additionally, we may send you promotional communications via email and SMS, such as newsletters, special offers, surveys, and other updates and information that we believe may be of interest to you. You have the option to unsubscribe from receiving promotional content at any time by following the instructions provided in those communications.
To access and make use of specific functionalities on the Site, you must register for a Lunch Smile account. By establishing an account, you agree to provide accurate, current, and complete account information. It is crucial to keep your account information up to date and make necessary updates when required. Furthermore, you commit not to share your account password with anyone to ensure the security of your account credentials. If you come across or suspect any security breaches related to the Platform or your account, please inform us promptly. In the interest of account security, we reserve the right, at our sole discretion, to deactivate, suspend, terminate, or remove any account for any reason or to deny any user access to our Services.
Creating a Lunch Smile account also implies your consent to receive electronic communications from Lunch Smile. These communications may be delivered through email, SMS messaging, or posted notices on the Sites. They may contain essential information about your account, such as payment authorizations, password changes, and other transactional details, and are a fundamental part of your relationship with us. You agree that any notifications, agreements, disclosures, or other communications sent to you electronically meet legal communication requirements, including the requirement that such communications be in writing. It is advisable to retain copies of electronic communications from us, either by printing a hard copy or saving an electronic version. Additionally, we may send you promotional communications via email and SMS, such as newsletters, special offers, surveys, and other updates and information that we believe may be of interest to you. You have the option to unsubscribe from receiving promotional content at any time by following the instructions provided in those communications.
You declare and guarantee that you possess the legal right to utilize the specified payment method that you provide and that we accept. By doing so, you grant us (or our third-party payment processor) permission to charge your payment method for the total amount of your purchase, which includes any applicable taxes and additional charges, collectively referred to as an "Order." If, for any reason, the payment method cannot be verified, is deemed invalid, or is otherwise unacceptable, your Order may be put on hold or canceled. To proceed with your Order, you are responsible for resolving any issues that may arise. If you wish to modify or update the payment information linked to your Lunch Smile account, you have the flexibility to do so at any time by accessing your account and making adjustments to your payment details.
All prices are displayed in U.S. dollars, and any applicable taxes and additional charges, if applicable, are not included in the displayed prices. We maintain the right to modify prices at our discretion, without prior notice. However, please note that we may not be able to inform you of changes in any applicable taxes.
The availability of all our lunches and ingredients is subject to stock. We have the prerogative to decline all or a portion of an Order, discontinue specific product offerings, and make substitutions (which may include meal ingredients or entire meals) without prior notification. If a substitution is made, you will still be responsible for the cost of the meal you receive.
We make every effort to provide accurate descriptions and representations of our food on our Site and in our marketing materials. However, since all our food is freshly prepared daily by our trusted vendors, there may be instances where the meal you receive doesn't precisely match the depiction or description. In some cases, we may provide a substitute meal if your original order is unavailable. You acknowledge that this is a normal occurrence, and you agree to accept such variations from the description or depiction, as long as they are reasonable.
We cannot guarantee the absolute accuracy or comprehensiveness of any meal description or depiction. We retain the right to modify or update these descriptions or depictions and to rectify any errors, inaccuracies, or omissions at any time without prior notice.
You understand that when you place orders for future dates, you are committing to receive meals on those specified days and will be billed accordingly.
All sales are considered final. However, in the event of any unforeseen circumstances during the process of fulfilling your order, we retain the discretion to cancel your order for any reason. If we decide to cancel your entire order or a portion of it, we will provide a refund for any payment you have already made to us.
In case of unscheduled closure (for example snow days), we reserve the right to determine appropriate credit back to your child’s account. While it is our intention to provide an adequate credit (usually 50% of meal amount up to 3 days in an academic year) back to you, we make our final decision after assessing the impact of such cancellation to us and our suppliers.
Our Service operates through a traditional checkout process for transactions. Once you have selected your lunches in your account, you have the flexibility to make updates until 11:59 PM EST of the last day of that ordering cycle. It is essential to complete the checkout process either on or before the last day of the order cycle. At that specific time, you will be charged for all the orders you have selected for that cycle.
When you sign up for Lunch Smile's service and add a credit or debit card to your account, you grant Lunch Smile permission to send instructions to the financial institution that issued your card, allowing them to process payments for the orders you have placed through the website. Lunch Smile may process these transactions either after you have confirmed your order or after you have received your orders. Detailed records of all charges can be found in the "Your Account" section on the Lunch Smile website.
To qualify for and receive any promotion and/or credit, you must meet the requirements indicated, as applicable, in the promotion and/or credit offer. You must have a valid Lunch Smile account with a valid form of accepted payment on file to take advantage of a promotion and/or credit. Promotional codes and credits must be used when placing an order, but may not be applied if all conditions are not met. Promotional codes and offers can only be redeemed for Lunch Smile orders and limitations apply to orders not delivered by Lunch Smile.
For promotional codes available to new customers, as applicable, customers will be disqualified and will not be entitled to receive the offer if Lunch Smile. has a record of their account having been used for a prior order. Promotional code discounts and credits cannot be redeemed for cash or cash equivalent. Offers are not transferable and may not be auctioned, traded, copied, transferred, bartered, modified or sold. Terms are subject to change by Lunch Smile (part of Lunch Mommy LLC.). at any time, and Lunch Smile. reserves the right to modify or cancel a promotional offer at any time.
Promotional codes will remain valid until the specified expiration date as communicated to the customer along with the promotional code. In cases where no expiration date is specified, Lunch Smile reserves the authority to deactivate the promotional code at any time. To utilize a promotional code and have it applied to an order, you should follow the instructions provided in the offer communication. It's important to note that promotional codes for credits cannot be used to offset taxes or fees. Some promotional codes may be restricted to a single use, as indicated in the offer. Unless the offer specifies otherwise, all promotional codes are limited to one use per LunchSmile account holder.
To cancel your account, please send an email to contact@lunchsmile.com indicating your intention to cancel your account. Be sure to include your full name and the email address that is registered with your account. This will help facilitate the account cancellation process.
We retain the authority to discontinue your access to and utilization of the Site and Services, solely at our discretion and without prior notice, at any given time. Conversely, you have the option to cancel your Account at any time by sending an email to us at contact@lunchsmile.com. In the event of any termination, discontinuation, or cancellation of Services or your Account, the following provisions within these Terms will continue to be in effect: warranty disclaimers, limitations of liability, and dispute resolution.
You acknowledge and accept the following risks, understanding that they are your sole responsibility:
We do not provide any guarantee that the Services will fulfill your specific requirements or be consistently accessible without interruptions, secure, or free from errors. Additionally, we do not offer any assurances concerning the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content provided through our Services.
You agree to defend, indemnify, and hold harmless us, our subsidiary, and other affiliated companies, along with their respective employees, contractors, officers, directors, agents, content providers, licensors, licensees, distributors, representatives, customers, partners, and other authorized users. This also includes each of the entities' resellers, distributors, service providers, and suppliers, as well as their officers, directors, owners, employees, agents, representatives, successors, and assigns (collectively referred to as the "Indemnified Parties"). You agree to protect the Indemnified Parties from and against any and all losses, damages, liabilities, and costs (including settlement costs and any legal or other fees and expenses related to investigating or defending any actions or threatened actions). This indemnification applies to claims arising from any breach of these Terms by you or claims stemming directly or indirectly from your use or misuse of the Site or the Services.
We retain the right, at our own cost, to take over the exclusive defense and control of any matter that would otherwise require indemnification by you. In such a situation, you agree to collaborate with us in asserting any available defenses as necessary.
Lunch Smile marks and logos, as well as all titles, characters, names, graphics, and button icons, are service marks, trademarks, and/or trade dress owned by Lunch Smile (a part of Lunch Mommy LLC.) or are otherwise the exclusive property of Lunch Smile. You may not utilize these marks and logos for any purpose other than what is expressly permitted by the Terms. Any other trademarks, service marks, product names, company names, logos, designs, or slogans found within Lunch Smile Offerings belong to their respective owners, and your use and access to Lunch Smile Offerings do not grant you any ownership rights in or to these marks, logos, or names.
We do not assert or represent any claims about the quality, content, nature, or reliability of third-party websites that can be accessed through hyperlinks from our Site, or of any websites that link to our Site. These websites are beyond our control, and the presence of any such link does not indicate our affiliation, endorsement, or adoption of any site or the information contained within it. It's important to note that when you leave our Site, our terms and policies no longer apply. You should take the time to review the relevant terms and policies, including privacy and data collection practices, of any site you visit from our Site.
To the maximum extent permitted by applicable law, Lunch Smile (part of Lunch Mommy LLC.), along with its affiliates (including, but not limited to, their licensors, service providers, directors, officers, agents, partners, representatives, and employees), shall not be held liable to you or any third party for any damages. These damages include, but are not limited to, direct, indirect, special, incidental, consequential, or exemplary/punitive damages. This limitation encompasses 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 such damages are caused by tort (including negligence), breach of contract, or any other legal theory, even if they were foreseeable.
Furthermore, under no circumstances shall Lunch Smile (part of Lunch Mommy LLC.) be held liable for disputes arising from or in any manner connected to the access or use of, or the inability to access or use, the Site, App, or Content (including, but not limited to, User Content, Third Party Content, and content from linked third-party sites). This also includes matters related to the ordering, receipt, or utilization of any product, or any issues associated with these Terms (including, but not limited to, damages caused by reliance on information obtained from Lunch Smile). Additionally, Lunch Smile shall not be held liable for events beyond its 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.
To the fullest extent permitted by applicable law, you, on behalf of your heirs, executors, administrators, legal and personal representatives, hereby release, waive, acquit, and forever discharge Lunch Smile (part of Lunch Mommy LLC.) and its associated parties from and against, and covenant not to sue any such Lunch Smile (part of Lunch Mommy LLC.) party for, all claims you have or may have arising from or in any way related to these Terms.
In the event of a dispute between users of the Services or between users and any third party, including restaurants, you acknowledge and agree that Lunch Smile is not obligated to mediate or intervene in such disputes. If you find yourself in a dispute with other users or third parties, you hereby release Lunch Smile (including the Site and the Services), its directors, officers, employees, service providers, affiliates, agents, and successors from all claims, demands, and damages (whether actual or consequential) of every kind or nature. These claims may be known or unknown, suspected or unsuspected, disclosed or undisclosed, and they arise from or are in any way related to such disputes.
We retain the sole discretion to modify or replace any of these Terms of Service or alter, suspend, or discontinue the Services (including, but not limited to, the availability of any feature, database, or content) at any time. We may notify you of such changes by posting a notice on the Site or by sending you a notice through the Services, via email, or through another suitable method of electronic communication. Additionally, we may impose limitations on specific features and services or restrict your access to certain parts or the entirety of the Services without prior notice or liability.
While we will make timely efforts to inform you of any modifications, it is also your responsibility to periodically review these Terms of Service for any changes. Your continued use of the Services after being notified of any alterations to these Terms of Service implies your acceptance of those changes, which will be applicable to your ongoing use of the Services. Your use of the Services is governed by the Terms of Service that are in effect at the time of your use.
You agree that you will comply with your child’s school’s PTO policy including but not limited to purchase of PTO membership required for making school lunch purchase.
These Terms constitute the complete and exclusive understanding and agreement between you and us concerning the Services and Content, and they supersede and replace any prior oral or written understandings or agreements between you and us regarding the Services and Content. In the event that a court of competent jurisdiction or an arbitrator deems any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, whether by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without any restrictions. Notwithstanding the above, these Terms will be binding on and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or communications provided by us under these Terms, including those concerning modifications to these Terms, will be delivered either via email or by posting on the Services. For notices sent by email, the date of receipt will be considered the date on which the notice is transmitted.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of those rights. A waiver of any such right or provision will be valid only if it is in writing and signed by a duly authorized representative of ours. Except as expressly set forth in these Terms, the exercise by either party of any remedies under these Terms will not prejudice its other remedies under these Terms or otherwise.