Terms of Service
Welcome to Silver Chef! These Terms of Service form a binding agreement between Silver Chef LLC (“Silver Chef” or “us” or “we”) and you. Use of the Silver Chef web site (the “Site”) and the services we provide through our Site or our customer care phone number (together, the “Services”) are governed by these Terms of Service (the “Agreement”). By using the Site and accepting the Services, you agree to be bound by this Agreement.
- The Services. We offer a meal delivery subscription program that provides you with up to three chef-prepared meals up to seven days per week (the “Meal Delivery Program”). In addition to the Meal Delivery Program, your subscription entitles you to attend restaurant-style meals and participate in scheduled enrichment activates on occasion at a senior living community operated by Holiday Retirement (the “Community”). When you purchase a subscription to our Meal Delivery Program, you become a Silver Chef Member. We may also offer other goods and services for sale from time to time.
- Delivery of your Meals.
- Delivery. Your daily meal package, and any other good you have ordered from us, will be delivered to the address you give us when you purchase your subscription. Delivery will be made up to seven days each week as applicable for your particular subscription option between the hours of 7:00 AM and 11:00 AM. Each days’ meal package will be delivered in a reusable cooler bag with reusable ice packs. The cooler bag and ice packs are our property and must be returned to us each day for re-use. You agree to pay a $75 fee for each cooler bag that you damage or fail to return. Your first delivery will be made on the second day after you become a Member. For example, if you become a Member any time on Monday, your first delivery will be made on Wednesday.
- Meals. Each meal will be packaged in individual disposable microwave-safe dishes. Delivery will include nutrition information and heating instructions. Each day as applicable for your particular subscription, you will receive that days’ lunch, dinner, snack, and dessert. If breakfast is part of your subscription you will also receive breakfast for the following day.
- No Substitutions. Your Meal Program is carefully created by our trained chefs. We cannot make substitutions for dietary or other reasons.
- Access to the Community.
- Scheduled Activities. Each month you will receive a printed schedule of activities that you may participate in at the Community. Please call the Community to RSVP for the activities you plan to attend. When you arrive at the Community you are required to check-in at the Community management office. All participation in any activity, including meals, and any use of any room or common space, is subject to availability on a first-come-first-serve basis. You are not guaranteed access to any activity, room, or space. Some activities may have extra fees, especially those taking place outside the Community. For example, if the activity is an outing to a local museum, you will be required to pay the cost of admission directly to the museum. You can learn more about such fees when you call to RSVP.
- Community Behavior Rules. Your access to the Community is expressly conditioned on your courteous demeanor. Community management, in its sole discretion, has the right to expel and deny access to any Member that is discourteous, demeaning, derogatory, or discriminatory to any person at the Community. You agree at all times to comply with the rules pertaining to “Attire,” “Firearms,” “Gratuities,” “Kitchen,” “Resident Harassment & Retaliation Policy” and “Smoking and Use of Marijuana” set forth in the Community’s Resident Handbook. Please ask for a copy of the Resident Handbook when you visit the Community.
- Paying for your Membership.
- Membership Fee. You agree to pay the amount shown on the Site based on your location and the type of subscription you select, or the amount communicated to you at the time of your order, each week as your Membership Fee in exchange for the Services. Your Membership Fee is due at the time you place your order and on or about the same day of each week until your membership is stopped in accordance with this Agreement. In addition to your Membership Fee, you agree to pay for the additional goods and services at the prices shown on the Site at the time you request such goods or services.
- Charges. You must provide us with valid credit card information at the time you purchase your membership. You agree and acknowledge that your membership will automatically renew on a continuing basis each week unless you provide us with notice of cancellation in accordance with this Agreement. You hereby authorize us to collect your credit card information and submit it to a third-party for the sole purpose of processing payment of your Membership Fee on a weekly basis and for additional goods and services at your request.
- Stopping your Membership. You may cancel or pause your membership at any time by calling our customer care representative at 877-468-3430.
- Cancellation. Your cancellation will be effective on the first day of the following week. Your current weeks’ Services will not stop and your Membership Fee will not be refunded.
- Pausing. A pause in your membership will not be effective until the second day after you call us to request a pause. If you know you will be away from home and do not need a meal delivery, we request that you provide us with at least one weeks’ prior notice. Your current weeks’ Membership Fee will not be refunded, but you will not be charged for any additional week until you resume your membership.
- Health Claims. We expressly disclaim any representation or warranty that the Meal Delivery Program is approved by doctors or health care professionals or in any way medically supervised. You acknowledge and agree that we do not make any claims or guarantees, express or implied, regarding any specific health results. We recommend that you consult with your health care professional before purchasing a membership.
- Additional Terms and Conditions.
By using the Services, you acknowledge that you have read and do understand this Agreement, including all incorporated terms found on our Site. Your use of our Services is evidence that you agree to be bound by hereby.
You agree and acknowledge that your Membership will automatically renew on a continuing basis each week unless you provide us with notice of cancellation in accordance with this Agreement.
These Miscellaneous Terms are incorporated into and made a part of the Silver Chef Terms of Service Agreement. These Miscellaneous Terms will survive any termination or cancellation of the Agreement.
- Eligibility. You represent and warrant that you are at least 18 years old and have the legal ability to accept the terms of this Agreement. Whether you purchase the Services for yourself or for someone else, both you and the recipient of Services agree to be bound by this Agreement.
- Changes to Terms or Services. We may modify this Agreement at any time in our sole discretion. If we do so, we will let you know either by posting the modified terms on the Site or through other communications. The modified terms will be effective on the first day of the month after we post the modifications. If you continue to use the Services after the modified terms are effective, you are indicating that you agree to be bound by the modified terms. If you do not agree to be bound by the modified terms you must notify us of your intent to cancel your membership.
- Warranty Disclaimers. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT PROVIDED BY US WHETHER, ORALLY, IN PRINT, VIA ELECTRONIC COMMUNICATION, OR ON THE SITE.
- Limitation of Liability. NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT EXCEED THE AMOUNT YOU HAVE PAID TO US FOR THE SERVICES, OR IF YOU HAVE NOT MADE ANY PAYMENT TO US, THEN $100. THE LIMITATIONS OF LIABILITY AND DAMAGES IN THIS PARAGRAPH ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND US.
- Governing Law. This Agreement will be governed by and construed in accordance with the laws of the state of Oregon, without regard to conflict-of-laws principles.
- Arbitration. If you are dissatisfied with the Services in any way, please call our customer care department at 877-468-3430. We will attempt to resolve any complaint or concern to your satisfaction. Any complaint or concern that cannot be resolved by our customer care department must be resolved in accordance with this paragraph. Any dispute, controversy, or claim arising out of or relating to this Agreement will be settled by arbitration. Unless you and Silver Chef otherwise agree, the arbitration will be administered by JAMS and will be held in the county of your billing address. Judgment on the award rendered by the arbitrator may be entered in the circuit court in the county in which the arbitration occurs, and the resolution of the disputed matter as determined by the arbitrator will be binding on the parties. A party may, without inconsistency with this Agreement, seek from a court any interim or provisional relief that may be necessary to protect the rights or property of that party pending the establishment of the arbitration (or pending the arbitrator’s determination of the merits of the dispute, controversy, or claim). The arbitrator will have authority to issue preliminary and other equitable relief. You agree to arbitration on an individual basis. YOU AND SILVER CHEF HEREBY WAIVE THE RIGHT TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIMS AS A REPRESENTATIVE OR CLASS MEMBER, UNLESS OTHERWISE PROHIBITED BY LAW. If any provision of this paragraph is found unenforceable, the unenforceable provision shall be severed, and the remaining provisions shall be enforced, unless the prohibition on class arbitration is unenforceable and then the entire paragraph shall be deemed deleted from this Agreement.
- Integration. This Agreement (including the documents and instruments referred to in this Agreement) constitutes the entire agreement and understanding of the parties with respect to the subject matter of this Agreement and supersedes all prior understandings and agreements, whether written or oral, among the parties with respect to such subject matter.
- Severability. If any provision of this Agreement is deemed to be invalid or unenforceable in any respect for any reason, the validity and enforceability of such provision in any other respect and of the remaining provisions of this Agreement will not be impaired in any way.
- Waiver. Any provision or condition of this Agreement may be waived at any time, in writing, by the party entitled to the benefit of such provision or condition. Waiver of any breach of any provision will not be a waiver of any succeeding breach of the provision or a waiver of the provision itself or any other provision. Our failure to enforce any right or provision of this Agreement in one or more instance will not be considered a waiver of that right in any other instance.
- Construction. The captions used in this Agreement are provided for convenience only and will not affect the meaning or interpretation of any provision of this Agreement. All words used in this Agreement will be construed to be of such gender or number as the circumstances require.
- No Third-Party Beneficiaries. Nothing in this Agreement, express or implied, is intended or may be construed to confer on any person, other than the parties to this Agreement, any right, remedy, or claim under or with respect to this Agreement.
- Assignment. You may not assign or transfer this Agreement or the Services, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these terms by you without such consent will be of no effect. We may freely assign or transfer this Agreement without restriction.
Updated: October 26, 2016