Last Updated: December, 19th. 2022
The site is an internet property of MMM Consumer Brands, Inc. (“Marley Spoon,” “we,” “our” or “us”). Each end-user visitor to the Site agrees to the following Marley Spoon terms and conditions (“terms and conditions”), in their entirety, when she/he:
a. accesses or uses the Site;
b. accesses and/or views any of the video, audio, stories, text, photographs, graphics, artwork and/or other content featured on the Site (collectively, “content”);
c. signs up to receive the Marley Spoon food delivery service, which includes processing and delivery of orders (the “Marley Spoon service”);
d. accesses links to Marley Spoon’s social media pages/accounts on third party social media websites, such as Facebook®, Instagram®, Pinterest®, Twitter® and Youtube® (collectively, “Social Media Pages”);
e. enters one of the sweepstakes, contests and/or promotions offered by Marley Spoon from time-to-time (“promotions”); and/or
f. utilizes the Site’s many interactive features designed to facilitate interaction between the end-user, Marley Spoon and other Site users including, but not limited to, blogs and associated comment sections located in designated areas of the Site (collectively, the “interactive services” and together with the Site, content, Marley Spoon service, social media pages and promotions, the “Marley Spoon offerings”).
If you have any questions about the Agreement or the Site please access our Frequently Asked Questions or call our Customer Service team at 866-228-4513.
a. Automatic Shipments
i. Ongoing Automatic Shipments. Your Marley Spoon automatic shipments, which may start with a free trial, will continue week-to-week unless and until you cancel your automatic shipment subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to enroll in the Marley Spoon automatic shipment service. We will bill the weekly shipments to your Payment Method.
ii. Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in the Agreement will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with Marley Spoon by visiting our Site and visiting your Account page. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
b. Free Trials
i. Your Marley Spoon membership may start with a free trial. The free trial period of your membership lasts for one week, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. Free trials are for new and certain former members only. Marley Spoon reserves the right, in its absolute discretion, to determine your free trial eligibility and will notify offenders of any perceived fraudulent activity which may result in, but is not limited to, order and/or membership cancelation.
ii. We will begin billing your Payment Method for weekly automatic shipment fees at the end of the free trial, or as specified at the beginning of your enrollment, unless you cancel prior to the end of the free trial period. Marley Spoon will send email communication 10 days prior to your billing date. We reserve the right to authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
In the event that the email address provided is inaccurate or outdated, you will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. Click on your account page at www.marleyspoon.com to find cancellation instructions or email our customer service department at firstname.lastname@example.org. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel. Providing a full and accurate email address to receive notifications is your responsibility, and Marley Spoon is not liable for any fees incurred due to undelivered email communication.
i. Recurring Automatic Shipment Billing. By starting Marley Spoon automatic shipments, you authorize us to charge you a weekly fee at the then current rate, and any other charges you may incur in connection with your use of the Marley Spoon service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding additional plates to automatic shipments, and you authorize us to charge your Payment Method for such varying amounts, which may be billed weekly in one or more charges.
ii. Weekly Order Processing. When you sign up for automatic shipments, your payment method will automatically be billed each week until you cancel it, and you are enrolled to receive shipments each week (“Weekly Delivery”). You may skip a Weekly Delivery or cancel your membership at any time (see Cancellation below). You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account. Your liability for such charges shall continue after termination of the Agreement. Skipping Weekly Deliveries and/or order cancellation requests require advanced notice to Marley Spoon, as set forth more specifically via email communication. If you miss these deadlines, you will be responsible for paying the applicable amount, and the cancellation will take effect the next week.
iii. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in the Agreement, any price changes to your service will take effect following notice to you such as – for instance – by email or a notice posted on our Site. Your continued ordering after the date of such notice will be deemed acceptance of such changes.
v.Payment Methods. You may edit your Payment Method information by visiting our Site and “My Account”, available at the top of the pages of the Site. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
vi. Cancellation. You may cancel your Marley Spoon automatic shipment enrollment at any time. To cancel, go to the “Settings” link on your Account page and select “Stop subscription” or email us at email@example.com.