Terms and Conditions

PICNK ONLINE ORDERING

TERMS & CONDITIONS

                  Thank you for selecting us to assist you with your prepared meal and snack needs. We are honored to work with you. Following is a summary of the terms, conditions, and policies governing our services. 

  1. Selection of Meals and Ordering.  You may choose meal and snack (“Meal” or “Meals”) options from our online menu and ordering system. Always confirm the number and type of Meals you have ordered, as well as the date and time requested for pick-up, on the final Confirmation page of the ordering process to ensure that your Meals are correct. 

  2. Modifying your Order.  Modifications may be requested for your Meals prior to check-out in the special requests box. If you’d like to modify your Meals after you’ve submitted your order, then please contact willfoster@picnkdayton.com. We may not be able to honor all modification requests. We reserve the right to not make the requested modification, but we will let you know if your modification request will not be honored.  Any substitutions or modifications that you make may be subject to an upcharge or additional fee. You will be responsible for paying any upcharges or additional fees that result from your modifications. 

  3. Cancellations. We hope that you are always satisfied with our Meals you have ordered. However, if you wish to not order for a week or more, or to fully cancel this service, simply discontinue submitting your order. If you have already submitted an order for a given date, then you will be responsible for all charges incurred with respect to selected Meals and a refund will not be issued. 

  4. Pick-up and Delivery. The available pick-up times and location(s) will be listed in the online ordering system. The online ordering system will also indicate if delivery is available that week and to what locations delivery will be available. If delivery is available for a given week, you will need to indicate if you would like your Meals delivered and to what location. If delivery is unavailable, then you must pick-up your Meals at the designated location(s). You will be charged for your selected Meals, even if you fail to pick them up or accept their delivery. 

  5. Payment.  Payment is due upon receipt of your Meals, either at time of pick-up or delivery. You will be charged according to the prices listed on the online ordering system, plus any additional fees that may apply (including, but not limited to, taxes, modifications, or substitutions). Depending on the type and quantity of Meals you order, your order price may change accordingly. 

  6. Food Safety and Handling. We use appropriate food safety and handling for all pick-up and deliveries of your Meals. Your Meals will remain fresh at room temperature only for a limited period of time. You are responsible for inspecting Meals at pick-up or delivery for any damage. We recommend that you use a thermometer to ensure that the internal temperature of any meat, poultry, or fish products remains at the temperature set forth in the U.S Department of Agriculture (“USDA”) guidelines. We strongly recommend that you immediately refrigerate all Meals upon receipt of pick-up or delivery. We accept no responsibility for damages related to Meals that have been improperly stored or handled. Your failure to promptly store, handle, or refrigerate any Meal that is a part of your order will absolve us of any liability or responsibility for damages. The risk of loss and/or damage passes to you upon pick-up or delivery of your Meals. You are solely responsible for the proper and safe washing, preparation, storage, cooking, and re-heating of any part of Meal following pick-up or delivery. We recommend that you follow any applicable USDA guidelines that may pertain to your order. 

  7. Dietary Preferences and Restrictions. We do not guarantee the accuracy of any nutritional information provided to you. We shall not be responsible for any loss or damage resulting from your reliance on nutritional information, nor for ensuring that whatever Meals you purchase, prepare, or consume are in accordance with your respective dietary needs, restrictions, or preferences. Please note that excluding certain categories from your Meal choices does not guarantee that your Meals will exclude certain food products or ingredients which may contain those categories. As such, you should always check the ingredients associated with an item that you receive from us to avoid potential allergic reactions. If you suspect you are having an allergic reaction, you should contact your health care provider immediately.  

7.1. ​Notification. You must notify Company of any allergies prior to submitting your order to Company.If you discover or develop an allergy during the use of our service, you must notify us immediately. Failure to notify us of your allergies, either existing or developed, will absolve Company of all liability for damages. The eight most common food allergens are as follows: milk, eggs, peanuts and tree nuts (such as almonds, cashews, and walnuts), fish (like bass, cod, flounder), shellfish (including crab, lobster, and shrimp), soy and wheat. Please be advised that some Meals may contain these allergens. If you are allergic to any of these items, or other items, you should know that we prepare Meals in our kitchens with these ingredients. We cannot guarantee that there will be no cross-contamination. If you have food allergies, we advise you to exercise caution when ordering Meals from us. If you have moderate to severe food allergies, we cannot recommend our meal subscription service to you. 

7.2. Diabetes. Our service and Meals are not intended to meet the needs of customers living with diabetes. If you are living with diabetes, you should have the express consent of your physician before ordering Meals through our service. Our Meals are intended for use only by healthy adult individuals and not by individuals with any type of health condition which could be adversely affected by diet. 

8.  Warranty Disclaimer. OUR SERVICE, MEALS, AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS, AND SERVICES OFFERED BY AND THROUGH US ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY MAKES NO WARRANTY THAT OUR SERVICE, MEALS, AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS, AND SERVICES OFFERED BY AND THROUGH PICNK: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC DIETARY BENEFITS, WEIGHT LOSS, OR OTHER HEALTH-RELATED OUTCOME; AND, (E) WILL BE ACCURATE OR RELIABLE.WE ATTEMPT TO PROVIDE ACCURATE AND RELIABLE INFORMATION IN MENU ABOUT THE MEALS YOU MAY RECEIVE THROUGH OUR SERVICE, INCLUDING PRICING AND NUTRITIONAL INFORMATION. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH INFORMATION. IN THE EVENT OF AN ERROR, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND SUBJECT TO THESE TERMS, TO CORRECT SUCH ERRORS AND REVISE YOUR MEALS ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE A REFUND. YOU FURTHER AGREE THAT THE MEALS AND OTHER PRODUCTS YOU RECEIVE THORUGH MEAL SUBSCRIPTION SERVICE MAY VARY FROM THE INFORMATION DISPLAYED ON MENU DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, MANUFACTURING PROCESS OR SUPPLY ISSUES, AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS, AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, REHEATING, AND CONSUMPTION OF MEALS AND OTHER PRODUCTS RECEIVED FROM US THROUGH OUR SERVICE. YOU ARE SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE MEAL INGREDIENTS AND MEAL PRODUCTION BEFORE HANDLING, PREPARING, REHEATING, USING, OR CONSUMING SUCH MEALS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE STORE, PORTION, AND PACKAGE PRODUCTS CONTAINING ALL EIGHT (8) MAJOR U.S ALLERGENS MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS, AND TREE NUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS. 

9.  Indemnification.  To the fullest extent permitted by applicable law, you agree to hold us free and harmless from any obligations, costs, claims, judgments, expenses (including reasonable attorney fees) arising from services rendered by us pursuant the terms of this agreement or in any way connected with the rendering of services by us. You further agree, under the fullest extent permitted by applicable law, to indemnify and hold harmless us and any of our past, present, and future employees, independent contractors, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns, from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) any use or misuse of the meals or meal subscription service by you or any third party you authorize to access or use such meals or meal subscription service, (b) any Feedback you provide, and, (c) your violation of this Agreement. 

10.  Agreement Complete; Amendments. This instrument contains the entire agreement of the parties with respect to the subject matter hereof. It may be amended, supplemented, or otherwise modified by us, in our sole discretion. We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the meal subscription service or the provision of meals at any time.

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 of 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 or lock-outs; (2) civil commotion, riot, invasion, terrorist attack, war, or threat thereof; (3) fire, explosion, storm, flood, earthquake, epidemic, or other natural disaster; (4) impossibility of the use of any or all public or private transport; (5) impossibility of the use of public or private telecommunications networks; and (6) acts, decrees, legislation, regulations, or restrictions of any government. Our performance under this instrument will be suspended for the period that the Force Majeure Event continues. We will use our reasonable efforts to bring the Force Majeure event to a close or find a solution by which our obligations under this instrument may be performed despite the Force Majeure Event. 

12.  Termination. Notwithstanding the above, we reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use our service, at any time and for any or no reason. You acknowledge and agree that we have no liability or obligation to you in such event and that you will not be entitled to a refund of any amount, to the fullest extent permitted by applicable law. 

 

By clicking I AGREE and by completing your order, you acknowledge receipt of and hereby agree to be bound by the Picnk Online Ordering Terms and Conditions set forth above.