Terms of Use
Last Updated November 28, 2022
Please read these Terms of Use (“Terms”) carefully before using this WECO website and our services.
WeCo Hospitality, Inc. owns and operates this website (wecohospitality.com), mobile sites and/or selected other domains (collectively, the “Sites”). As used in these Terms, “WECO,” “we,” “us,” or “our” shall mean WeCo Hospitality, Inc., dba WECO, its subsidiaries and affiliates, and their officers, directors, employees, agents or representatives.
These Terms constitute an agreement between you and WECO and states the terms and conditions under which you may use our Sites and receive WECO products and services, which includes food, processing and delivery of product orders (the “WECO Service”). Our Sites and the WECO Service incorporates these Terms by reference, and your use of the WECO Service and our Sites constitutes your agreement to these Terms. If you do not agree with all of these Terms, please do not use our Sites or the WECO Service.
By using our Sites and the WECO Service, you represent that you are at least eighteen (18) years of age (or the applicable age of majority if greater than eighteen (18) years of age in your jurisdiction), and have the requisite power and authority to agree to these Terms. BY USING OUR SITES, PLACING AN ORDER WITH US, OR OTHERWISE USING THE WECO SERVICE, YOU ACCEPT AND ARE BOUND BY THESE TERMS.
Ordering, Delivery & Pickup & Cancellation
Ordering availability. WECO products are subject to availability. We reserve the right to decline an order for any reason, including but not limited to: a requested delivery location outside our service area; our capacity limits; and past due payments.
Delivery changes. In the case of inclement weather or unforeseen delivery issues, we reserve the right to make adjustments to our delivery schedule and/or the drop-off locations. If there will be a significant delay, a member of the Customer Joy team may contact you to let you know the status of your delivery time and/or location. We will deliver your order as quickly as possible when the conditions permit a safe delivery.
Delivery orders. Except in the event of a delivery change as described above, WECO will deliver your order to your specified address on the date given on your confirmation email. You must allow safe and unobstructed access to your delivery location. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself. Food will be refrigerated en route, but you are responsible for receiving the food promptly or providing a cooler at the delivery location to maintain food safety. WECO is not responsible for deliveries that are lost, stolen, undelivered due to unsafe conditions at the delivery location, or not promptly refrigerated after delivery. For misdelivered food, please contact [email protected]
Pickup orders. Orders will be available for pickup at the specified location and hours.
Weather or other events. In the event of inclement weather conditions or other events beyond our control that interfere with our ability to deliver your order or otherwise prevent us from making safe, on-time deliveries or pickups, we may postpone your delivery or pickup to a later date, or we may cancel your order.
Cancellation. Due to the nature of our daily fresh food preparation service, we are not able to accommodate cancellations after the deadline specified in the FAQs or on any given order. You agree that any orders cancelled after the cancellation deadline or not picked up will still be billed and you agree to pay for them.
No Resale. You are not permitted to resell or otherwise use the WECO products for commercial purposes.
Payment Policy
Payments. We will invoice you for your WECO order on the night you receive your order. The invoice amount includes the estimated food and packaging cost of the items, plus any applicable delivery fees and taxes. By placing an order, and requesting and receiving WECO meals, you promise and agree to pay, at a minimum, the invoiced amount and to contribute an appropriate amount for our labor, overhead, and other costs.
Certain items may be “priced items” for which the amount invoiced comprises all cost and no additional contribution is necessary.
Orders with a value above $100 may be deemed “catering orders” and advance payment may be required.
The invoice provides a link for you to pay via credit or debit card. We do not accept cash or checks. Our Sites currently do not allow you to store a credit or debit card; however, if such functionality is provided in the future and you do not make a timely payment for your order, we may charge the credit or debit card you elect to store in your WECO profile.
Invalid Payment Methods. WECO will not process orders that attempt to use incorrect, expired, stolen, or over-limit card. We will make our best efforts to contact you if this occurs. However, in the event such an order is processed, WECO reserves the right to collect funds for any uncollected transactions owed to it.
Satisfaction Guarantee. If you’re not satisfied with one of our products or our service – for any reason – please contact the Customer Joy team at [email protected]
Food Allergies
WECO takes reasonable efforts to label allergens in our food and to offer exclusions and substitutions when possible. However, all of our food is prepared in a facility that also processes milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soy, and other allergens, so meals may be prepared using the same equipment that is used to prepare meals containing potential allergens, even if the allergen is marked as being absent from the WECO order label. WECO is also not responsible for any inaccuracies on labels, nor the food preparation facility and process, although we will comply with all applicable laws. You agree that WECO shall not be liable for any allergic reaction, illness, health problem, or other damages that may result from consumption of any meals from the WECO Service.
Food Handling & Safety
Food is delivered in temperature-controlled vehicles, but it is your responsibility to promptly and properly inspect and store your order after we deliver it. If you do not prepare or reheat the food soon after delivery, we recommend that you immediately refrigerate or freeze it, and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety. You are also responsible for following the reheating instructions. You agree that WECO shall not be liable for any allergic reaction, illness, health problem, or other damages that may result from your improper food handling.
Additionally, since we obtain ingredients from farmers, purveyors, and other suppliers, there may occasionally be bones, seeds, and other potential choking hazards, and we want you to be aware of that possibility.
Substitutions Policy
All of our ingredients are subject to availability, and we reserve the right to substitute meals (including, but not limited to, specific ingredients or entire items) without prior notice. We strive to provide you with high-quality meals; however, given the perishable nature of certain ingredients and market conditions beyond our control, we may be required to make substitutions from time to time. Substituted meals may contain different ingredients and allergens than those in items originally ordered. Prior to preparation and consumption, please be sure to carefully check all food packages and labels for allergen information.
User Content
The Sites may include areas that allow users to create, post, share or store content, including, but not limited to, reviews, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, “User Content”). If you submit content you own, you retain your ownership of your intellectual property rights. Except for the license granted below, we do not claim any ownership interest in your User Content.
By uploading, posting or submitting User Content to the Sites or to our pages on social media (e.g., WECO’s Instagram page), you hereby grant WECO a nonexclusive, fully-paid, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right and license to use, remove, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content in all forms of media now known or hereafter invented, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes. All such uses of User Content will be made without notification to and/or approval by you and without the requirement of payment to you or any other person or entity. Furthermore, you hereby grant WECO a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license to incorporate and use any of your suggestions, input, or other feedback relating to our Sites or the WECO Service (collectively, the “Feedback”) for any purpose without notice to, approval by, or compensation to you.
By uploading, posting or submitting User Content to WECO through the Sites or through our pages on social media, you represent and warrant that (a) such User Content is nonconfidential, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorize WECO to use such User Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right. Furthermore, you agree that your User Content will not:
- be threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, offensive, invasive of another’s privacy, hateful, and/or racially, ethnically, and/or otherwise objectionable;
- have a commercial or political purpose;
- promote illegal activity;
- contain unauthorized advertising; and
- be intended to interrupt, destroy, or limit the functionality or integrity of any computer software, hardware, or materials on our Sites.
If any of your User Content or conduct on our Sites violates our standards, or any of these Terms, or interferes with other peoples’ enjoyment of our Sites or the WECO Service, or is inappropriate in our judgment, we reserve the right, in our sole discretion and without notice to you, (a) to change, delete, or remove, in part or in full, any of your User Content, and/or (b) to terminate or suspend your account.
You further understand and agree that when visiting our Sites and/or pages on social media, you may be exposed to third-party content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. WECO and its officers, directors, employees, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the “Released Parties”) will not be responsible for, and you hereby expressly release the Released Parties from any and all liability for the action of any and all third parties with respect to Your Content, or for any damages you allege to incur as a result of or relating to any third-party content that you may be exposed to when visiting our Sites and/or pages on social media.
License and Proprietary Rights
Copyright and Ownership. With the exception of User Content, (i) all content, design, text, graphics, and interfaces on our Sites, (ii) the collection, selection, and arrangement thereof, (iii) and all software, (collectively “WECO Materials”) are the property of, or duly licensed to, WECO. Our Sites and WECO Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties, and/or other intellectual or proprietary rights and laws of the United States and the Commonwealth of Massachusetts. Consent is granted to view, electronically copy, and print in hard copy portions of our Sites for the sole purpose of placing an order with WECO for your use. Any other use of WECO Materials, including downloading, modification, distribution, or reproduction for purposes other than those noted above, without the prior written approval of WECO, is strictly prohibited and WECO disclaims all liability for such unapproved uses. You acknowledge that WECO and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. WECO reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from WECO.
Trademarks. “WECO”, all WECO logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of WECO or otherwise proprietary to WECO and may not be used by you for any reason other than as expressly permitted by these Terms. All other trademarks, service marks, product names, and company names or logos appearing in the WECO Service and on our Sites are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using our Sites or the WECO Service.
License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use our Sites for your personal and noncommercial use, solely as expressly permitted these Terms and all applicable intellectual property laws. Except as set forth in these Terms, any other use of our Sites is strictly prohibited. Nothing contained on our Sites and/or WECO Materials should be interpreted as granting to you any license or right to use any of the WECO Materials (other than as provided herein) and/or third-party proprietary content on our Sites without the express written permission of WECO or the relevant third-party owner, as applicable. Any rights not expressly granted herein are reserved by WECO and WECO’s licensors.
Acceptable Use Policy
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the WECO Service, which includes, without limitation, use of the WECO Service to: (a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail; (b) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (c) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions; (d) interfere with, disrupt, or attempt to gain unauthorized access to other accounts on the WECO Service or any other computer network; or (e) engage in any other activity deemed by WECO to be in conflict with the letter or intent of these Terms.
Warranty Disclaimer; Limitation of Liability; Indemnification
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE WECO PRODUCTS. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION, AND PACKAGE PRODUCTS CONTAINING ALL EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.YOU EXPRESSLY AGREE THAT USE OF THE WECO SERVICE, OUR SITES, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE WECO SERVICE, OUR SITES, AND ITS CONTENTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WECO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WECO SERVICE, OUR SITES, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE WECO SERVICE; IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WECO MAKES NO WARRANTY THAT THE WECO SERVICE AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC DIETARY BENEFIT, WEIGHT LOSS OR OTHER HEALTH-RELATED OUTCOME; AND/OR (E) WILL BE ACCURATE OR RELIABLE. WECO DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. WECO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH OUR SITES OR THE WECO SERVICES. WECO DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT OUR SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WECO NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, “WECO PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, OUR SITES, THE WECO SERVICE, WECO PRODUCTS, OR THE INTERNET. WECO’S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE WECO SERVICE AND TO TERMINATE YOUR AGREEMENT TO THESE TERMS. WECO RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The material in our Sites is provided for lawful purposes only. WECO operates our Sites for use in specific jurisdictions where it provides its Services, and makes no representation that these materials are appropriate or available for use in other locations. If you use our Sites from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice and may vary geographically.
You agree to defend, indemnify, and hold WECO Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney’s fees and costs, arising in connection with (i) a violation of these Terms by you or through use of your account, (ii) WECO’s use of your User Content, (iii) your unauthorized use of the WECO Service, and (iv) any third party’s access or use of the WECO Service using your WECO account.
Gift Cards
The following terms and conditions (“Gift Card Terms”) apply to the purchase and use of WECO online gift cards (“Gift Cards”). Your purchase and use of the Gift Cards constitute your agreement to follow and be bound by these Gift Card Terms.
Redemption & Use. Gift Cards are redeemable online at wecohospitality.com. Gift Cards may not be returned. Gift Cards may not be redeemed for cash except as required by law.
Balance Inquiry. For balance inquiries contact [email protected]
Expiration & Fees. Gift Cards do not expire, and there are no fees associated with them.
Lost, Damaged or Stolen Cards & Fraud. If lost, stolen or damaged, Gift Cards may be replaced for the remaining value if you provide satisfactory proof of purchase. WECO will not be responsible if your Gift Card is used without your permission. Title to and risk of loss for Gift Cards pass to the purchaser upon sale. Please treat your Gift Card like cash and safeguard it accordingly. WECO reserves the right to refuse to accept Gift Cards that WECO suspects or believes were obtained fraudulently.
Limitation of Liability. GIFT CARDS ARE PROVIDED ON AN ‘AS IS’ BASIS, AND WECO DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARDS, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WECO DOES NOT REPRESENT OR WARRANT THAT YOUR GIFT CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. WECO AND ITS VENDORS SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE GIFT CARDS OR USE OF SUCH GIFT CARDS. IN THE EVENT THAT WECO IS FOUND LIABLE TO YOU, YOUR SOLE REMEDY WILL BE TO RECOVER ACTUAL AND DIRECT DAMAGES WHICH SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR GIFT CARD. CERTAIN PROVISIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO CONSUMERS IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW.
Miscellaneous
Privacy Policy. The terms and conditions of the WECO Privacy Policy are incorporated into these Terms by reference.
Termination. These Terms are effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated by either party. Your rights under these Terms will terminate automatically without notice if you fail to comply with any term herein. WECO may suspend or terminate these Terms or the WECO Service or remove or disable access to any portion of the WECO Service at any time for any reason with or without notice to you.
Entire Agreement. These Terms and the Privacy Policy referred to herein represent your entire agreement with WECO regarding the use of the WECO Service and our Sites. You agree that these Terms are not intended to confer and do not confer any rights or remedies upon any person other than you, WECO, and WECO Parties. If any portion of these Terms are held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of these Terms shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. These Terms shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with WECO or relating in any way to your use of the WECO Service or the WECO Sites resides in the federal and state courts of Massachusetts and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the Commonwealth of Massachusetts in connection with any such dispute, including any claim involving WECO Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or it shall be barred.
Third-Party Beneficiaries. The provisions of these Terms are for the benefit of WECO parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. These Terms and all obligations and restrictions placed upon you or your permitted users by these Terms shall survive termination of these Terms and your WECO Service.
Transferability. The agreement between you and us is binding on you and us and on our respective successors and assignees. We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms, or any of our rights or obligations arising under it, at any time. You may not assign or transfer your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent.
Amendment. WECO may amend these Terms at any time by posting the amended terms on our Sites. All amended terms shall automatically be effective for orders placed after posting and seven (7) days after they are initially posted on our Sites for orders already placed. By using our Sites after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current agreement to which you are bound. We will have no liability whatsoever on account of any change to our Sites or any suspension or termination of your access to or use of our Sites.
