Terms & Conditions
A legal disclaimer
Welcome to Downright Cooking! Downright Cooking LLC is a personal chef service, designed to provide prepared meals to be delivered to you at your home as well as perform in-home meal prep, cooking classes, and catering.
The Downright Cooking website at http://www.downrightcooking.com together with any Applications, as defined below, or any other website maintained by Downright Cooking are referred to as the “Website.” The Downright Cooking Website, product offerings prepared commercially on premises by Downright Cooking, produce, meats, and other product offerings produced by a third party stored and resold by Downright Cooking, and the delivery service is referred to collectively as the “Service.”
The website is a copyrighted work belonging to Downright Cooking LLC (“Company”, “us”, “our”, and “we”). Certain features of the Service may be subject to additional guidelines, terms, or rules, which will be posted on the Service in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms of Use (these “Terms” or this “Agreement”) set forth the legally binding terms and conditions that govern your use of OUR Service AND ANY THIRD PARTY SERVICE WITH WHOM WE HAVE SHARED ACCESS TO OUR WEBSITE OR USE TO PROVIDE THE SERVICE TO YOU. By accessing or using our Service, you are accepting these Terms AND THE COMPANY’S PRIVACY POLICY (on behalf of yourself or the entity or person that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity or person that you represent). You may not access or use our Service or accept the Terms if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms, do not access and/or use the Service.
These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions and also limit the remedies available to you in the event of a dispute.
DISCLAIMER AND LIMITATION OF LIABILITY
ANY OF THE EIGHT MAJOR U.S. ALLERGENS AS DETERMINED BY THE U.S. FOOD AND DRUG ADMINISTRATION (“FDA”) (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS, AND TREE NUTS) MAY BE STORED, PORTIONED AND PACKAGED AT DOWNRIGHT COOKING’S FACILITIES. ALTHOUGH WE TAKE PRECAUTIONS TO LIMIT THE POTENTIAL FOR CROSS-CONTAMINATION, CROSS-CONTAMINATION MAY OCCUR BETWEEN FOOD PRODUCTS, ALLOWING PRODUCE AND OTHER FOODS OFFERED IN CONNECTION WITH DOWNRIGHT COOKING’S SERVICE TO CONTAIN SOME OR ALL OF THESE ALLERGENS.
IN EVERY RESPECT, DOWNRIGHT COOKING RELIES ON ITS SUPPLIERS AND MERCHANTS TO PROVIDE FOOD ITEMS APPROPRIATE FOR PUBLIC CONSUMPTION. IT ALSO RELIES ON ITS SUPPLIERS AND MERCHANTS TO PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION AND GENERAL PRODUCT SAFETY. CONSUMING FOOD ITEMS INVOLVES AND INHERENT DEGREE OF CERTAIN RISKS. YOU AGREE THAT YOUR USE OF THE SERVICE AND CONSUMPTION OF ANY FOOD ITEMS PROVIDED THROUGH THE SERVICE IS ENTIRELY AT YOUR OWN RISK. DOWNRIGHT COOKING DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, INCLUDING, WITHOUT LIMITATION, MENUS, NUTRITIONAL AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, OR REVIEWS. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK, INCLUDING, WITHOUT LIMITATION, NUTRITIONAL AND ALLERGEN INFORMATION. IN NO EVENT SHALL DOWNRIGHT COOKING BE LIABLE FOR ANY HARM OR DAMAGES SUFFERED BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICE OR CONSUMPTION OF FOOD ITEMS ORDERED THROUGH THE SERVICE.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL DOWNRIGHT COOKING BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE, OR OTHER ECONOMIC ADVANTAGE), EVEN IF DOWNRIGHT COOKING HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF A WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER ACTION OF ANY TYPE THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE WEBSITE OR THE SERVICES PROVIDED ON OR THROUGH THE WEBSITE OR BY DOWNRIGHT COOKING.
DOWNRIGHT COOKING ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE WEBSITE. DOWNRIGHT COOKING ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE WEBSITE, AS WELL AS ANY THIRD-PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS WEBSITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN, OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
IN NO EVENT SHALL DOWNRIGHT COOKING'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, NEGLIGENCE, TORT OR ANY OTHER ACTION OF ANY TYPE EXCEED IN THE AGGREGATE (A) THE AMOUNT PAID BY YOU TO DOWNRIGHT COOKING OR A MERCHANT IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, IF ANY, OR (B) $1,000 (WHICHEVER IS LESS). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PROVIDED BY LAW.
YOU AND DOWNRIGHT COOKING AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND DOWNRIGHT COOKING AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE FAIR AND REASONABLE. EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGE ARISING OUT OF YOUR USE OF THE SITE IS TO DISCONTINUE USING THE WEBSITE AND SERVICES, WHICH YOU MAY DO AT ANY TIME.
Promotions
We may offer Promotions through various electronic communications. You understand and agree that we cannot guarantee that any promotion will be available. All promotions are valid as supplies last and according to any expiration dates, limited uses, or other limiting factors.
Gift Cards
All sales of our Gift Cards are final and non-refundable. You may purchase and/or otherwise receive Gift Cards through the Site. We use our website software to process gift card purchases. You must have a valid account and request delivery to an address within our service area in order to redeem a Gift Card. Gift Cards may not be redeemed for cash. Redemption of Gift Cards result in the application of a credit to your Account. In case of any refunds, orders purchased with gift cards will be for store credit only.
Contact Information:
Downright Cooking, LLC
downrightcooking@gmail.com
2028 East Ben White Boulevard, Suite 240-6660
Austin, TX 78741