Terms & Conditions

GOBBLE & WOLF

TERMS OF SERVICE + PRIVACY POLICY

DISCLAIMER AND LIABILITY WAIVER


We want your children to have healthy lunches every day, but we’re not doctors.  You should always consult your doctor before making any changes to your child’s diet, although we promise to create organic lunches with a variety of flavors, colors and textures and always with a protein, carbohydrate, vegetable, and fruit.

By using G&W products or services, you acknowledge that you are doing so at your own risk. The statements made by G&W on this website have not been evaluated by the Food and Drug Administration.

While we do not add nuts as a component to any of our dishes, our kitchen facilities regularly use nuts and any pre-made ingredients may not be guaranteed to come from nut free facilities.  At this time, we cannot accommodate any children with allergies. We ask that you submit information on allergies through our sign in page in order to make sure we communicate our police with regards to allergies with you directly.

Finally, by using our website, you acknowledge that you have read and agree to our Terms & Conditions and Privacy Policy.

Terms of Service

GENERAL

Welcome to the website ("Site") of Gobble & Wolf  LLC (“we”, “us”, “our” or “G&W”). Please review the following terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms (the "Agreement"). If you do not want to be bound by these terms and conditions, you should immediately stop using our Site. We may from time to time change the terms that govern your use of our Site. Such changes will be effective immediately upon notice, which may be posted as a modified agreement on the Site or sent out via email. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed.

PAYMENTS

Payment is due upon purchasing your G&W membership. Our current pricing can be found on our Membership Options page on our Site. All prices are before applicable taxes.

Your monthly or semester membership will be automatically renewed by G&W, and credits due to you (if any) shall be applied at the time the renewal is charged. By entering into these Terms, you acknowledge that the G&W membership you select has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your membership or by you or G&W. G&W may also periodically authorize your payment method in anticipation of applicable fees or related charges. Memberships continue until cancelled by you, the particular membership is cancelled by us or we terminate access to or use of the services in accordance with these Terms.

If you are using a promotion or a discount code, please enter it at checkout to receive an immediate discount. Only one promotion or discount code may be used per order. Promotion or discount codes may be used on already discounted programs, however we reserve the right to cease this practice at any time without notice. Holiday and other special promotions may, at the option of G&W, carry specific terms and conditions, and we reserve the right to create, amend, and enforce said terms, conditions, and restrictions.

For those with credits to be applied to future memberships (due to sick days or school cancellations) you will receive an updated invoice when the next month or semester’s membership fees are charged, with the credit(s) applied.

Currently Payment can be made through Stripe credit card processing via our Site on Squarespace.

 We may now or in the future use a third-party payment processor (“Payment Processor”) to bill you through a payment account linked to your Account on the Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. You agree to pay us, through our Payment Processor, all charges at the prices then in effect for any Orders placed through your Account in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your Payment Method. You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through our Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Account upon demand.  YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE THROUGH THE SERVICES OR BY EMAILING info@gobbleandwolf.com. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY MEMBERSHIPS UNDER YOUR ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.

CANCELLATIONS & CREDITS

 G&W memberships may be purchased by the semester or by the month. The cost of both memberships will take into account school holidays and breaks from month to month. G&W requires a one-month minimum membership, which shall begin on the first of each month. In the event you would like to purchase a one-month membership in the middle of a given month, your subscription will begin on the first school day of the following month. It is possible, however, to purchase lunches for the remainder of the current month at the daily rate for the monthly subscription listed in our FAQs.

 Any cancellation of your membership must be done by the 25th of the month for monthly memberships, and by the 25th day of the last month of the semester for semester memberships.

 We know that coughs and colds can sometimes keep your children home and we offer one lunch credit a month for each membership due to your child being out sick, so long as we are notified by 8:30am on the day that the child will be out of school. That lunch will be credited the following month or semester for continuing memberships, or will be refunded to you if you cancel your membership during the period in which the sick day is taken.
We currently do not offer credits for missed days due to vacation or other absence from school.
If for any reason we cannot deliver your child’s lunch box, we will have pizza delivered to your child’s school via the school’s trusted vendor.

Thank you for your understanding!

DELIVERY MODIFICATIONS AND LOGISTICS

 G&W’s weekly lunch menu will be sent via e-mail on Sunday mornings to all members and teachers of children with memberships.

 While G&W makes every effort to deliver lunches consistent with that menu, from time to time, certain items may not be available and the menu is subject to change. We reserve the right to change or update any such description or depiction, to substitute specific lunch ingredients and to correct errors, inaccuracies, or omissions at any time without notice to you.

 G&W will deliver all lunches in stainless lunch boxes to your child’s school and will store them in your child’s cubby by 11:30 each morning. G&W will then pick up all the boxes each afternoon.

We can accommodate school field trips, and will pack paper bag lunches on those days, so long as you give us prior notice of at least 24-hours via email to info@gobbleandwolf.com with the time of the field trip, so we know when lunch needs to be delivered by. 

On days where inclement weather or other situation involving force majeure closes school for the day, we will offer a credit to all members for the lunch or lunches for days that the school is closed.


RULES OF CONDUCT

As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services. You agree not to register an account on behalf of any individual other than yourself or to use any fraudulent or stolen method of payment for purchasing a membership. By using this Site, you represent and warrant that you have the legal right to use all payment method(s) represented by any such payment information, whether you provide it in the course of a transaction or in connection with your account.

 

DISCLAIMER

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT G&W SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE AND OUR SERVICES.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD G&W, ITS EMPLOYEES, OFFICERS, BOARD OF DIRECTORS, CONSULTANTS, AGENTS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING COSTS AND ATTORNEY’ FEES, ARISING FROM OR RELATED TO YOUR USE OF THE SITE AND OUR SERVICES.

SITE CONTENTS

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are protected by copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed to Gobble & Wolf LLC collectively, its subsidiaries and/or affiliates. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by G&W. G&W may prosecute infringement to the full extent permitted under applicable law.

The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to G&W on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain G&W’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to G&W of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, G&W will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. G&W is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain, in the sole opinion of G&W or its representatives, libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

You agree that G&W may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that G&W may use your information for marketing and promotional purposes.

G&W COMMUNICATIONS TO YOU

You agree that G&W may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any G&W products or services, or for such other purpose(s) as G&W deems appropriate, and for confirmation of all membership purchases and credits. You have the option to opt-out of marketing communications.

PRODUCT INFORMATION

G&W strives to only use the best organic products subject to availability. In the event any item is purchased for lunches and G&W is made aware that such product is subject to a recall, G&W will inform you of such recall for your safety and information. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.

 IMAGES

The images and displayed on the Site may, but do not necessarily represent or depict actual lunches offered by G&W.

LINKS TO OTHER WEB SITES AND SERVICES

To the extent that this Site contains links to outside services and resources, the availability and content of which G&W does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. G&W is not responsible and shall not be held liable for the use of any such content.

INACCURACY DISCLAIMER

From time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

TERMINATION

This Agreement is effective unless and until terminated by either you or G&W. G&W may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in G&W ' sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or G&W, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

LIMITATION OF LIABILITY

NEITHER G&W NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR MEALS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONSUMPTION OF MEALS, 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY MEALS YOU HAVE RECEIVED EXCEED THE GREATER OF 1.) AMOUNTS YOU HAVE PAID TO G&W FOR USE OF THE SERVICES OR  2.) ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND G&W.

GOVERNING LAW

These Terms and any action related to them will be governed by the laws of the State of New York without regard to its conflict of laws provisions.

DISPUTE RESOLUTON

 ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND G&W (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH G&W, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE JAMS, INC. RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE EACH HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT EITHER YOU OR G&W MAY SEEK INJUNCTIVE RELIEF IN ANY STATE OR FEDERAL COURT HAVING JURISDICTION TO PREVENT AN ACTUAL OR THREATENED VIOLATION OF INTELLECTUAL PROPERTY RIGHTS.  DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court's rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf.  Neither you nor G&W will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST G&W INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event JAMS, Inc. is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either G&W or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Use must be brought within one (1) year after such claim of action arose or be forever banned.

SEVERABILITY       

 If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.