TERMS AND CONDITIONS
Updated: October 6th, 2021
We believe in fair and ethical practices. It is your consumer right and responsibility to read and understand our terms. Use of our websites and services warrants agreement of these terms.
The Fresh 20 is a fee-based subscription service offered at varying subscription durations. When you sign up for a subscription, you are committed to the term that you have chosen. Users of the Site may be unregistered Users, registered Users or paying subscribers (“Subscribers”).
User and Subscriber Requirements. You must be 18 years or older to subscribe to any Services and provide The Fresh 20 with accurate and complete registration information. Failure to comply with either of these requirements will constitute a breach of this Agreement.
During registration you will create an account using your email address and password that will be used to authenticate your ongoing access to the Services.
You agree not to…
Use the name of another person with the intent to impersonate them
Use a name that The Fresh 20, in our sole discretion, deems inappropriate
Use the rights of another person
You are responsible for the use of your account and you must make your best effort to keep your password secure. You should not share your password with others. If you believe your account has been compromised, you must immediately notify The Fresh 20 of the suspected breach by emailing email@example.com
Subscription Terms, Fees and Payments
Your membership gives you access to the website during a specific time period. Once your subscription is over, there is no longer access to past meal plans. At any given time, there are 3 meal plans available on the site for subscribers to download.
FOR MONTHLY AND QUARTERLY SUBSCRIBERS:
Once you have subscribed to The Fresh 20 monthly or quarterly plan, a recurring charge will be billed to your credit card at the end of the current term. This will be AUTOMATICALLY renewed unless you cancel BEFORE your next billing date. Please refer to the ending date of your subscription on the Members –> My Account page in order to cancel on time. The cancel button is clearly marked in My Products.
- Meal plans are posted on the website for three weeks, it is the member’s responsibility to save or print the plans during that time. They are not available to monthly or quarterly subscribers once they move to the archive.
- Please download plans while they are current. Once moved to archives, they cannot be mailed to you.
- The member is responsible for cancelling their subscription before the renewal date. There are no refunds for late cancellations.
- There is no switching between plans. If you would like to switch to a different plan you can cancel the recurring payments for your current plan and purchase a new plan when it expires.
FOR ANNUAL MEMBERS:
- Annual members can find their subscription end date in ‘My Subscription’ in the Customer Service section on the lower right side of the home page. You will not have access to the website after your membership has ended. It is the member’s responsibility to save or print the plans while their membership is active.
- We cannot make exceptions to the plan switching rule; there is NO switching of plans.
- Annual, voucher and special term memberships are NOT set up for auto renewal. A notification to renew will be sent 2 weeks prior to expiration of subscription. The Fresh 20 is not responsible for third party email delivery systems and/or non delivery of emails. Please mark your renewal date on your calendar.
Our plans are sold separately and once purchased there is no switching between plans. Our service is similar to a magazine subscription model. We understand that needs change and many families have a multi-diet household. Existing members may add on a second annual dinner subscription at 50% off the retail price. The discount will automatically be applied for a logged in user with an existing annual plan. This discount does not apply to any of our one-time purchase plans (lunch, dairy-free, kosher or 6 week paleo). This discount does not apply to monthly subscriptions.
The Fresh 20 is original material and copyright protected. It cannot be distributed or copied without permission. Photos are either original or licenses and cannot be copied from the website and used in a blog, article or any other online forum without specific permission from The Fresh 20.
For Individual Households:
The Content provided through your subscription is intended for your personal use and should not be shared with others outside of your household apart from the approved sharing features of the Service. Each subscription is to be used for one household. Our system is designed to track IP address usage and will accommodate login from one household (home and office okay). It will automatically lock your account if it detects an excess of IP addresses.
The Fresh 20 reserves the right to cancel your subscription for password sharing, copying or distributing your meal plans to another household, person, group or platform. If you violate this agreement our automated protection system will AUTOMATICALLY lock your account. If the account is locked out repeatedly for violation you will not be entitled to a refund.
Access to Meal Plans and Content:
You must have an active account to have access to the Content. Once your subscription expires, you will no longer have access to current or previous meal plans or other Content on the Site until such time as your account is either reactivated or renewed. Content is made available for download during your subscription term only.
Termination of your Account:
If The Fresh 20, in its sole opinion, believes that you are acting in a spirit inconsistent with this Agreement or have breached the Agreement, we may terminate your account. In such a case, you are not eligible for a refund. In the unlikely event we need to terminate your account for business or legal reasons (not part of this agreement), we will refund any remaining unused portion of your subscription. The refund will be your sole and exclusive remedy to such a termination.
Prices Subject to Change:
The Fresh 20 may change our base subscription prices at any time. However, with the exception of any discount from coupon codes or promotional offers, the price for any renewal will be at the same base price that you were originally charged when you subscribed. If your subscription has expired, lapsed or been cancelled, new prevailing rates will apply.
Prices for all Subscriptions exclude all applicable taxes unless stated otherwise and are in the form of US Dollars. To the extent that the law allows, you are responsible for any applicable taxes, whether or not they are listed on the Site.
The Fresh 20 uses a designated third-party PCI compliant payment platform to store credit and debit card information and process transactions for your Subscription. You are responsible for all transactions processed through the Service. The Fresh 20 is not liable for any loss or damage from errant or invalid transactions processed through the third-party payment platform.
Initial Purchase. Charges are processed immediately during checkout in accordance with the details displayed to you during the checkout process.
Automatic Renewal. With the exception of gift certificates and annual purchases, our meal plan subscriptions renew automatically at the end of their term. Once you become a Subscriber, your subscriptions will be automatically renewed and your credit card will be charged at the end of your term. Your subscription will be renewed based on the term you selected when initially setting up the subscription—unless you choose to opt-out or cancel your subscription as described below. The renewal of subscriptions takes place according to the Terms in place on the date of the renewal. If a free trial, promotion, or other offers were made available at the time of purchase, be sure to take note of any rules, conditions, cancellation dates or price changes that may take effect when the promotional or free trial period ends.
Retrying Transactions that Fail. In the event that a subscription charge is unsuccessful, The Fresh 20 may retry charges to your credit card for up to 30 days.
Valid Credit Card. It is your responsibility to ensure that The Fresh 20 has valid credit card information for your account. You may update your credit card information at any time via the account dashboard.
- Annual memberships and wellness programs are prepaid. They cannot be cancelled after the first 10 days of purchase. There are no refunds for cancelling early.
- Wellness programs are prepaid. Bundles, Courses and Resets have a 7 day refund policy.
Monthly and Quarterly Subscriptions
- Subscriptions are recurring. There is a 10 day refund policy for all initial subscriptions purchases. There are no refunds for cancelling early. The refund policy does not apply to renewals.
- We recommend canceling your subscription at least 2 days before it is due in order to be processed in time. If the charge goes through and you wanted to cancel after all, let us know and you will be charged a 5% cancellation fee and refunded the balance. Note, after the refund period you will not qualify for a refund.
- Renewal payments are non-refundable however you will have access to your account through the paid time frame.
To keep the refund policy fair to all, there will be no exceptions.
If you wish to receive a full refund of all monies paid before the refund period is over, you must contact Customer Support and we will refund your money within 48 hours. Based on your bank, it may take up to ten days to appear in your account. Once the refund is requested, you will no longer have access to your content.
You may not cancel or opt out of your subscription renewal by leaving a voicemail, email or through our live chat feature.
Cancellation must be completed online in your user dashboard under “My Account”.
To avoid the processing of a renewal payment, you must opt out at least two business days prior to your subscription renewal date. You may cancel a free trial during the free trial period and incur no charge. When cancelling or opting out of subscription renewal, you may continue to use the subscription until the end of the current subscription. There is no pro-rated refund for early cancellations.
To cancel, simply login and follow this link MyAccount and login to your account if not already. You can “Cancel Account” right there on the bottom of your MyAccount page. If you cancel, you will be able to access your current subscription until the end of the current period.
We recommend canceling your subscription at least 2 days before it is due in order to be processed in time. If the charge goes through and you wanted to cancel after all, let us know and you will be charged a $10 cancellation fee and refunded the balance. Note, after 7 days you will not qualify for a refund.
To keep the refund policy fair to all, there will be no exceptions.
Refunds. Subscriptions that are cancelled during a free trial period will not incur any payment obligation. Subscriptions cancelled after the trial period will not receive a refund of any subscription payments. To manage any subscription initiated via the The Fresh 20 website, please click here.
Other Terms. Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms.
Dietary Restrictions & Preferences
The Fresh 20 is committed to providing simple, balanced meals to help individuals make healthy choices in consultation with their personal physician.
The Fresh 20 does not:
Guarantee the accuracy, completeness, or usefulness of any nutritional information in the food database
Adopt, endorse, or accept responsibility for the accuracy, completeness or usefulness of any nutritional information
Under no circumstances will The Fresh 20 be responsible for any loss or damage resulting from your reliance on nutritional information and for ensuring that the food you and the members of your household prepare or consume are in accordance with your specific dietary needs and restrictions. You should always seek the advice of a physician or Registered Dietician for your own specific conditions or dietary needs. The Fresh 20 will not be liable for any health issues resulting from the consumption of ingredients to which you or a member of your household is allergic or that is harmful to you in any way.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
Service limitations and modifications
The Fresh 20 will make reasonable efforts to keep the The Fresh 20 Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, The Fresh 20 reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the The Fresh 20 Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the The Fresh 20 Service or any function or feature thereof. You understand, agree, and accept that The Fresh 20 has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. The Fresh 20 and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our customer service department by emailing support(at)realplans.com. We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame, but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame, and/or that we will be able to satisfactorily answer any such queries.
- Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL The Fresh 20, ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, OR ANY CONTENT OR SERVICES INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless The Fresh 20, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s Content and Services, other than as expressly authorized in these Terms, or your use of any information or Content obtained from the Site.
- Governing Law
The Site is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
The Fresh 20 reserve the right to assign or transfer our rights and obligations under this Agreement. These Terms are personal to you and, as a result, you may not, without the written consent of The Fresh 20, assign or transfer any of your rights and obligations under this Agreement. There will be no third-party beneficiaries to this Agreement.
- Waiver and Severability
No waiver by The Fresh 20 of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of The Fresh 20 to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
- Complete Agreement
- Copyright Complaints
The Fresh 20 respects the intellectual property rights of others and requires that users of our Site and Services do the same. U.S. copyright law does not protect recipes that include only listings of ingredients. However, Copyright protection may extend to a description, explanation, or illustration that accompanies a recipe or formula or to a combination of recipes such as in a cookbook. Should you have a copyright complaint, please contact our Customer Service team, as provided below
© The Fresh 20 / Freshly, INC