Terms and Conditions of Use

February 20, 2024

Terms of Use: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING 5mingourmet.com WEBSITE OR 5 MINUTE GOURMET APPLICATION (collectively, the “5 MINUTE GOURMET Platform”). All users of the site and application agree that access to and use of the site and application and any orders you place on this site or application are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site or application.

1. Copyright: All content in this site, including but not limited to text, graphics or code, is copyrighted as a collective work under the United States and other copyright laws, and is the property of 5 MINUTE GOURMET. The collective work includes works that are licensed to 5 MINUTE GOURMET, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with 5 MINUTE GOURMET or purchasing 5 MINUTE GOURMET products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from different pages of the site solely for your own non-commercial use or to purchase 5 MINUTE GOURMET products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized in writing by 5 MINUTE GOURMET. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

2. Trademarks: All trademarks, service marks and trade names of 5 MINUTE GOURMET used in the site are trademarks or registered trademarks of 5 MINUTE GOURMET.

3. Errors and Omissions: In the event that the website or application has an error or an incomplete statement about a 5 MINUTE GOURMET product or otherwise, such as an incorrect price or nutrition fact, 5 MINUTE GOURMET declines any responsibility for the error and/or the omission, and cannot be held accountable. 5 MINUTE GOURMET reserves the right to correct or amend the statement or information at their convenience, and refuse or cancel any orders involving the incorrect information, whether or not the order has been confirmed and the User’s credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, 5 MINUTE GOURMET shall issue a credit to your credit card account in the amount of the incorrect price.

4. Third-Party Links: In order to provide increased value to our visitors, 5 MINUTE GOURMET may link to sites operated by third parties. However, even if the third party is affiliated with 5 MINUTE GOURMET, 5 MINUTE GOURMET has no control over these linked sites, all of which have separate privacy and data collection practices, independent of 5 MINUTE GOURMET. These linked sites are only for your convenience and therefore you access them at your own risk.

5. Participation Disclaimer: 5 MINUTE GOURMET cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, 5 MINUTE GOURMET is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, 5 MINUTE GOURMET reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to 5 MINUTE GOURMET in its sole discretion.

6. Warranty Disclaimer: This site, application and the materials and products on this site are provided “as is” and without warranties of any kind, whether expressed or implied. To the fullest extent permissible pursuant to applicable law, 5 MINUTE GOURMET disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. 5 MINUTE GOURMET does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. 5 MINUTE GOURMET does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

ADA – Americans with Disabilities Act: 5 MINUTE GOURMET encourages visually impaired and other users with disabilities to visit the 5 MINUTE GOURMET website and take advantage of our menu of healthy meals. We strive to enhance our website in order to make it as friendly as possible for people with disabilities. For any question or feedback, please call our Customer Service department at +1 713-254-0765.

Notices: 5 MINUTE GOURMET may deliver notices to Users by means of e-mail, a general notice on the site, or by any other methods deemed reliable and effective.

7. Use of Site: Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a 5 MINUTE GOURMET or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organizations, and you will be held accountable for that.

8. Nutrition Disclaimer: This Site is not a substitute for the services of a trained health professional. Although we provide nutritional information for our recipes, the information on this Site is for informational purposes only. No information, services, or materials offered by or through this Site shall be construed as or understood to be medical advice or care. None of the information on this Site shall be used to diagnose or treat any health problem or disease. It is your responsibility to consult with a physician, doctor, or health care provider before taking any product or using any information on this Site. Please discuss any concerns with your physician or registered dietitian.

9. Use of “Cookies”: This site uses “cookies”, small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow it) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. If you turn cookies off, you won’t have access to many features that make your site experience more efficient and some of our services will not function properly.

10. Information Collected: While you may visit the Site anonymously, 5 MINUTE GOURMET collects information from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, and in other circumstances. Such information includes, but is not limited to (Your name, e-mail address, mailing address, phone number, credit card information or other information. When applicable, information about gift recipients so that we can fulfill your gift purchase.)

11. Privacy Policy: At all times 5 MINUTE GOURMET will make best effort to keep any personal information confidential. We do not under any circumstances share the information of our customers with any other unaffiliated third parties, other than our business partners that assist us to provide you with our products and services, such as shipping companies, etc., unless such disclosure is necessary to (a) comply with a court order or other legal process, (b) protect your rights or our property; or (c) enforce the Legal Statement of this Site. We implement a variety of security measures to maintain the safety of your personal information. Your personal information is maintained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.

12. Use of Personal Information: We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information, except as specified in the Privacy Policy. The term “outside parties” does not include 5 MINUTE GOURMET. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

13. Data Breach Exclusion: Notwithstanding our Privacy Policy, and while we take best effort to protect your data, we do not warrant that your personally identifiable information cannot be breached by malicious parties or by mistake. You will indemnify, defend, and hold harmless 5 MINUTE GOURMET from any liability resulting from a data breach or any inaccurate credit transaction. If you identify an error in the credit card charges resulting from a transaction with 5 MINUTE GOURMET, it is your responsibility to work with the card provider to correct them.

14. Opting Out: You can opt-out, remove or modify information you have provided to us. To modify your e-mail subscriptions, please modify your preferences in the “My Account” section. Please note that due to email production schedules you may receive any emails already in production. To delete all of your online account information from our database, sign into the “My Account” section of our site and remove your shipping addresses, billing addresses & payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.

15. Limitation of Liability: 5 MINUTE GOURMET shall not be liable for any direct, indirect or consequential damages that result from the use of, or the inability to use, the materials on this site or the consumption of our products, even if 5 MINUTE GOURMET has been advised of the possibility of such damages. The total liability for 5 MINUTE GOURMET from any claim, whether direct, indirect, consequential, or other, can never exceed the value of the transaction that gave rise to it. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

16. Indemnification: You agree to indemnify, defend, and hold harmless 5 MINUTE GOURMET, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

17. Governing Law: Any disputes arising from use of this site shall be governed by the laws of the State of Arkansas. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of 5 MINUTE GOURMET products) must be commenced within one (1) week after the claim or cause of action arises. 5 MINUTE GOURMET’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. 5 MINUTE GOURMET may assign its rights and duties under this Agreement to any party at any time without notice to you.

18. Terms of Sale: Your purchase of products from 5 MINUTE GOURMET is subject to the following Terms and Conditions.

18.1. Orders: By placing an order or otherwise interacting on the 5 MINUTE GOURMET website, Customers transact with Angelie D2C LLC. The meals included in your purchase are as detailed in the transaction notice issued upon your order. Such receipt is presumed conformant to your request unless you issue a written note indicating any discrepancy, within 24 hours of the time of order. Any communication to you is sent to the email address you have specified in your order, you are responsible for checking your spam folder as well in case your system has not recognized our address as a legitimate source of messages.

18.2. Products: The product being sold is pre-packaged meals, cooked fresh and delivered frozen. The picture of each meal on the website is illustrative but not binding, as the vegetable mix included with each dish may have to be adjusted to reflect ingredient seasonality.

18.3. Refrigerated Condition: To be safe to eat, the meals must be fridge-cold when received. If thawed, store in the fridge and enjoy in 1-2 days. If frozen, promptly store in the freezer to retain long term safety. Do not re-freeze if thawed. Follow re-heat instructions on a web site or package to consume. 5 MINUTE GOURMET takes no responsibility for food quality issues, if storage and reheat instructions are not properly followed.

19. Programs 

19.1 Subscription: By placing an order through Subscription, you accept these terms, conditions, limitations and requirements. Please read this section carefully.

Benefits

5 MINUTE GOURMET reserves the right to change the Subscription benefits, including the discount amounts and eligibility used to determine discount amounts, at any time in its sole discretion. All changes will apply to future orders, including for current subscriptions.

Some of the offer details may change as you receive deliveries over time (for example, price, taxes, availability, shipping charges).

Your subscription will automatically create a new order according to your chosen delivery schedule, until you cancel. We may, in our sole discretion, terminate your subscriptions at any time. If we do so, you will only be charged for orders that have been shipped to you.

Eligible Purchases

Subscription benefits are limited to items displaying the Subscription information on the product page. Your participation in the Subscription program is personal to you, and you may not assign or transfer your subscription or any of the benefits to any third party without our authorization.

Subscription discounts and any limited time special subscription promotions in effect apply only to eligible items displaying the offer message on the Subscription item information pages, and then only if you select the Subscription delivery method. Subscriptions are good while supplies last. Special limited time subscription promotions only apply during their effective dates.

Payment; Renewal

The total cost charged to your payment method for each Subscription order will be the cost of the item on the day that order is processed less the Subscription discount, plus any applicable sales tax and shipping charge. The charge for each Subscription item shipment will be billed to the payment method used to create your subscription or as otherwise directed by you. If we are unable to complete your Subscription order with the payment method you used to create your subscription, you authorize us to update your subscription with another payment method in your account and to charge that payment method for your Subscription order.

Cancellation

Your subscription will remain in effect until it is cancelled. You can cancel at any time but not later than 3 days before the scheduled next delivery. Cancellations made within this timeframe will take effect for the subsequent delivery cycle. If you cancel your subscription and then reactivate it, the discount applied to any Subscription item may not be the same discount in effect at the time of cancellation. If the Subscription discount percentage for such Subscription item changes, the new discount will be applied to your future shipments of that item. 

Agreement Changes

We may, in our sole discretion, change these Terms without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED PARTICIPATION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTIONS.

19.2 Rewards Program

Eligibility

The Rewards Program is open to all 5 MINUTE GOURMET account holders who are at least eighteen (18) years of age or older at the time of participation. Purchases made through the guest checkout feature are not eligible for Rewards Program participation or benefits. This Rewards Program is void where prohibited or restricted by law. Your participation in the Rewards Program and use of Your Rewards Link and Rewards Code (as each is defined below), constitutes your full and unconditional agreement to the terms set forth in this Agreement, and 5 MINUTE GOURMET’s decisions and interpretations, which are final and binding in all matters related to the Rewards Program.

General Rewards Program Information

Subject to the above eligibility requirements, You may participate in the Rewards Program when creating a valid account on the Site or App. When You create a valid account, You will be enrolled in this Rewards Program and be deemed a participant in the Rewards Program in order to receive credits towards Your future 5 MINUTE GOURMET purchases (“Rewards Credits”).

Rewards Credits earned under this Rewards Program from making referral and writing reviews can only be used by You towards Your future purchases made on the Site or App.

Once enrolled, You will receive a customized link (“Rewards Link”) as well as a special code (“Rewards Code”). Both the Rewards Link and Rewards Code will be associated with Your account.

You can receive Rewards Credits when new and existing customers that You refer to 5 MINUTE GOURMET (“Referred Customer”) place qualifying orders using Your Rewards Link or Rewards Code.

You may also earn rewards by posting eligible reviews.

Additionally, 5 MINUTE GOURMET may, on occasion, run contests, sweepstakes, or promotions by which You may earn Promotional Rewards Credits. Promotional Rewards Credits are different from Rewards Credits and subject to additional use restrictions which are detailed below.

Earning Rewards Credits

You can refer potential Referred Customers through Your Rewards Link. You may also earn Rewards Credits if a Referred Customer enters Your Rewards Code at checkout.

Once a Referred Customer clicks on Your Rewards Link, they will have seven (7) days to complete their order. You can earn Rewards Credits for qualifying orders that will be applied to Your account in accordance with the Rewards Program Accounting and Payment Information section listed below.

After payment by a Referred Customer you get 5% of the order amount for the first order and 2% for the next orders. The Credits are pending for 14 days, after 14 days (and if the order was not cancelled) the Credits are available for redemption. A Referred Customer gets only a 5% discount for the first order (no discount for the next orders). When your Referred Customer invites their referred customers you get 2% from all their purchases, up to generation 5. Starting from generation 6 you don't get any Credits.

You may also earn Rewards Credits by writing reviews for products that You have purchased. 5 MINUTE GOURMET’s offer of Rewards Credits to customers who post reviews is intended to encourage customers to provide authentic, transparent, and honest opinions, both positive and negative, based on their real experiences with products.

Earning Promotional Rewards Credits

5 MINUTE GOURMET may, on occasion, run contests, sweepstakes, or promotions by which You may earn Promotional Rewards Credits subject to the terms and conditions of those contests, sweepstakes or promotions. Promotional Rewards Credits are different from Rewards Credits and subject to additional use restrictions which are detailed below.

Eligible Reviews

To be eligible to receive Rewards Credits Your review must meet the following criteria: (i) You must have previously purchased the product from 5 MINUTE GOURMET; (ii) Your review must comply with 5 MINUTE GOURMET’s User Generated Content Guidelines (“UGC Guidelines”). Deliberately fake content, copied or stolen content, off-topic reviews, defamatory language, personal attacks, and unnecessary or incorrect content are all in violation of our UGC Guidelines.

What Rewards Credits Can Be Used For

Your Rewards Credits will automatically apply to Your future orders and will appear in Your shopping cart when signing into Your 5 MINUTE GOURMET account. 

General Rewards Program Restrictions

All participants in 5 MINUTE GOURMET’s Rewards Program must comply with the terms of this Agreement and 5 MINUTE GOURMET’s policies governing the use of its programs, including the Code of Conduct. Failure to abide by this Agreement and the incorporated Code of Conduct, may result in the pausing or blocking of Your Rewards Program account.

5 MINUTE GOURMET reserves the right to invalidate Rewards Credits or Promotional Rewards Credits if it determines that such Rewards Credits or Promotional Rewards Credits were improperly posted to Your account, or were obtained fraudulently or in violation of this Agreement, or otherwise unlawfully acquired. Rewards Credits and Promotional Rewards Credits are not saleable, transferable, or assignable for any reason.

All accounts must be in the name of a different living person, not a business entity.

5 MINUTE GOURMET assumes no liability for discrepancies, delays, omissions, inconsistencies or errors in the calculation and the crediting of the Rewards Credits or Promotional Rewards Credits. The decisions of 5 MINUTE GOURMET with respect to the Rewards Program, including without limitation, the qualifying purchases, earned Rewards Credits or Promotional Rewards Credits, and Rewards Credits or Promotional Rewards Credit account balances are final, binding, and non-appealable in all respects.

If You create multiple accounts or attempt to participate in the Rewards Program using multiple identities, then 5 MINUTE GOURMET, in its sole discretion, may disqualify You and void any or all such accounts. Rewards Credits or Promotional Rewards Credits may not be combined with different promotions for any purpose.

5 MINUTE GOURMET reserves the right to cancel any orders placed on the Site or App in accordance with the Agreement.

You are not permitted to engage in any form of commercial advertising as this Rewards Program is not intended for commercial purposes. Rewards Links and Rewards Codes are strictly prohibited from being placed on commercial sites (including but not limited to deal or coupon sites/apps, web browser extensions, eBay, Amazon, Facebook groups, Telegram groups, Twitter, etc.) and will result in Your account and funds being blocked. Codes ranking in organic search for “5 MINUTE GOURMET + term” such as "5 MINUTE GOURMET coupon", "5 MINUTE GOURMET discount", “How to shop at 5 MINUTE GOURMET”, “5 MINUTE GOURMET shipping,” etc are subject to a decreased commission and may be required to migrate to our Affiliate program.

You are also prohibited from engaging in any kind of reciprocal referrals that are intended to abuse and disrupt the normal operation of the Rewards Program.

5 MINUTE GOURMET reserves the right to pause or block your participation in the Rewards Program, as well as reduce or adjust any Reward Credits if 5 MINUTE GOURMET determines in its sole discretion that the participant is in violation of any of the terms of this Agreement, or is in any way abusing 5 MINUTE GOURMET’s Rewards Program. Paused accounts will be unable to use or earn Rewards Credit. If Your account is blocked, Your Rewards Link and Rewards Code will not earn Rewards Credits and all pending and available Rewards Credits will be zeroed out.

General Promotional Restrictions

You may share Your 5 MINUTE GOURMET Reviews or My 5 MINUTE GOURMET Page, as well as Your 5 MINUTE GOURMET Rewards Link on a personal blog, website or on your personal social media accounts (e.g. Facebook, Twitter and VK) subject to the terms and conditions of those accounts. However, Your social media profile may not contain an avatar or any other content that could be interpreted as being managed, endorsed, or approved by 5 MINUTE GOURMET and no part of Your username can include, contain, or otherwise refer to the word “5 MINUTE GOURMET”. You cannot use ‘5 MINUTE GOURMET” logo on any part of your social media page, including your profile image and banners. Conversely, You cannot use, or reference, Your Rewards Code in any of Your personal social media account usernames, social media URLs or Your 5 MINUTE GOURMET profile pages. You are prohibited from posting Your Rewards Link and Rewards Code on any official 5 MINUTE GOURMET social media account or the 5 MINUTE GOURMET website in an attempt to generate Rewards Credits. You are also prohibited from posting any comments on any official 5 MINUTE GOURMET social media account or 5 MINUTE GOURMET’s website that direct or indirectly appear to promote or attempt to redirect users to other links or webpages (including, but not limited to websites, social media accounts, blogs, or forums) that feature or distribute Your Rewards Link or Rewards Code.

Your blog, website, or social media pages may not resemble 5 MINUTE GOURMET’s website or include any content that could imply an affiliation with 5 MINUTE GOURMET. Any content You choose to post on Your personal accounts is solely Your responsibility, 5 MINUTE GOURMET makes no claim to such content.

You may email Your 5 MINUTE GOURMET Rewards Link using Your personal email. However, such emails cannot appear to be sent or sponsored by 5 MINUTE GOURMET. You represent and warrant that You will not engage in and/or facilitate spamming, unsolicited commercial email or otherwise fail to comply with the CAN-SPAM Act of 2003 (15 U.S.C. §§ 701 et seq.) as amended, and/or any other laws and/or regulations that govern email marketing and/or communications.

You may not purchase or use domain or subdomain names that include the word “5 MINUTE GOURMET” or certain variations and misspellings in any username, group name, or identifier on a social networking site. 

You may not create or utilize any client side application (browser plugin, extension, executable, etc., installable by the end user) on any device that might imply affiliation with 5 MINUTE GOURMET. Additionally, to the extent that You create an app, plugin or extension such as apps and other client side applications may not integrate and/or use 5 MINUTE GOURMET’s name, logo, app, or any other intellectual property in any manner.

Additional restrictions on Your promotional activity that would result in immediate suspension or banned from the Rewards Program include, without limitation:

Any Promotional activity featuring your Rewards Code or Rewards Link with any of the following:

Violent, defamatory, discriminatory, sexually explicit or racist materials or activities

Contents that contain, suggest or promote illicit activity.

Curses, obscenities or profanity content or activity

Sexual content such as nudity or sexually explicit images or videos

Comments responding to or copying content created by other influencers or digital creators

“Spam” content

Off-topic or off-brand materials and discussion threads

You may not link any content to, or redirect traffic to sites other than 5 MINUTE GOURMET.com (parts of Your site that do not promote 5 MINUTE GOURMET’s products may contain links to other sites.)

You may not alter, delete, or add any additional material or information about any promotion in any manner that may be misleading to customers.

You will promptly remove items that are no longer advertised or sold by 5 MINUTE GOURMET.

You will promptly remove promotional material and promotions that are no longer advertised or validated by 5 MINUTE GOURMET.

You will not use names or likenesses in a matter implying a person’s or company’s endorsement of or sponsorship of, or commercial association (including placing unrelated materials in close proximity to content) with 5 MINUTE GOURMET.

You may not include on your site, display, or otherwise use links or content which contain or have a connection to viruses, or malicious or harmful code, or any application not knowingly and expressly authorized by users prior to being downloaded.

You may not attempt to redirect or intercept traffic from any site participating in the Rewards Program.

You may not incorporate 5 MINUTE GOURMET.com into a webview or integrated web browser within a mobile application.

You may not use transitional pages, pop--up and/or layered ads for promotional activity.

Artificially generating clicks or impressions to create sessions on 5 MINUTE GOURMET.com, whether by software or otherwise is prohibited.

You may not use Your Rewards Link or Rewards Code to generate Rewards Credits from Your own personal purchases or for any commercial resell purposes.

All “paid” placements (including but not limited to paid search, display ads, social retargeting, etc.) and redirecting links are prohibited and may result in the suspension of the Rewards Program linked to Your account and any Rewards Credits accrued from such activity will be reduced or cancelled. For purposes of this Agreement a “paid search” is an advertisement purchased through bidding on keywords, search terms or other participation in a keyword auction such as Google, Yahoo, Bing, Yandex, Baidu, Naver or any other search engine, portal, sponsored advertising service, or other search or referral service, or any site that participates in any of their respective networks.

You may not use tactics to increase Your organic page rank for search terms that include “5 MINUTE GOURMET + term,” such as using certain phrases on your pages including, but not limited to, “5 MINUTE GOURMET coupon” and “5 MINUTE GOURMET discount” or use link schemes that include any behavior of manipulating links to your site, within your site, or outgoing links from your site.

You agree to indemnify, defend, and hold 5 MINUTE GOURMET, and its employees, harmless from any legal claim, demand, penalties, fines, judgments, costs or other reasonable expenses (including reasonable attorney’s fees) arising from or relating to your participation in the Rewards Program (i) in violation of these Terms of Use, or (ii) which infringes on the rights of any third party.

All Rewards Program participants will be automatically suspended or banned from the Rewards Program if they are determined by 5 MINUTE GOURMET to have caused brand damage by posting and spreading inappropriate content, such as the examples previously listed, via comments or private messages on any social media channels, or have conducted themselves in a manner that could be interpreted as bringing 5 MINUTE GOURMET into disrepute.

5 MINUTE GOURMET reserves the right to immediately void Rewards Credit and Promotional Rewards Credit, suspend or ban program participants, and/or void 5 MINUTE GOURMET accounts if any fraudulent activity, abuse or other conduct, including but not limited to the examples listed above, is detected or suspected.

Rewards participants earning rewards as "referrers" are expected to respect the guidelines of the Rewards Program by only referring genuine, living individuals who meet the specified criteria outlined in these Terms & Conditions. Participants must refrain from creating multiple accounts or engaging in the Rewards Program through various identities, whether as the "referrer" or the "referral." 5 MINUTE GOURMET reserves the right, at its sole discretion, to disqualify individuals and nullify any or all associated accounts if such actions are detected.

Should there be any dispute concerning the 5 MINUTE GOURMET Rewards Program, Rewards Credit or Promotional Rewards Credit, 5 MINUTE GOURMET reserves the right to make the final decision.

Account Verification

All accounts, qualifying purchases, Rewards Credits, and/or Promotional Rewards Credits are subject to verification at the sole and absolute discretion of 5 MINUTE GOURMET. 5 MINUTE GOURMET reserves the right to void Rewards Credits or Promotional Rewards Credits and suspend/block Your account from any IP address or device if any type of fraudulent or suspicious activity is detected or suspected. In the event of an inconsistency between the amount of Rewards Credits or Promotional Rewards Credits You may have accrued in Your account as stated on Your records and 5 MINUTE GOURMET’s internal records, 5 MINUTE GOURMET’s internal records shall control. Should there be any disputes that arise regarding these Terms of Use, any decision made by 5 MINUTE GOURMET shall be conclusive and final in each case.

No Rewards Credits or Promotional Rewards Credits will be valid if associated with any participant account deemed void for violations of any provisions contained in these Terms of Use or Code of Conduct.

5 MINUTE GOURMET will send you an email notification when voiding Your Rewards Credits or Promotional Rewards Credits and/or pausing or blocking your account, provided that You have opted-in to receive Rewards notifications and communications, which You can check on Your Communication Preference page.

Changes to Rewards Program

5 MINUTE GOURMET may change its policy or set limitations and restrictions on this Rewards Program at any time and without any form of notice. Except as expressly stated above, 5 MINUTE GOURMET shall not have any liability or obligation with regards to the application of this Rewards Program and any decision that 5 MINUTE GOURMET makes in relation to your Rewards Credits or Promotional Rewards Credits.

19.3 Affiliate Program

The Affiliate Program is open to websites and individuals that are looking to monetize their traffic by referring sales to 5 MINUTE GOURMET using an Affiliate link. To apply to the Affiliate program, send an email to info@5mingourmet.com. Your application is subject to review and approval.

20. Typographical Errors: In the event that a 5 MINUTE GOURMET product is mistakenly listed at an incorrect price, 5 MINUTE GOURMET reserves the right to refuse or cancel any orders placed for a product listed at the incorrect price. 5 MINUTE GOURMET reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, 5 MINUTE GOURMET shall issue a credit to your credit card account in the amount of the incorrect price.

Nutritional Content: The nutritional data on the product labels shown on this website is an accurate estimate to the best of our knowledge. 5 MINUTE GOURMET however makes no warranty that this information is accurate or complete, nor that our food prep process conforms to the nutritional data each time. 5 MINUTE GOURMET undertakes to investigate any reported discrepancy on a best effort basis. Variations may occur naturally due to product origin and freshness of ingredients as well as various factors in the food preparation process. You indemnify us from any liability arising from variation in content and discrepancies from listed content and related issues.

The nutritional data on the product labels published is an accurate estimate to the best of our knowledge. 5 MINUTE GOURMET however makes no warranty that this information is accurate or complete, nor that our food prep process conforms to the nutritional data each time. 5 MINUTE GOURMET undertakes to investigate any reported discrepancy on a best effort basis. Variations may occur naturally due to product origin and freshness of ingredients as well as various factors in the food preparation process. You indemnify us from any liability arising from variation in content and discrepancies from listed content and related issues. Medical Conditions: 5 MINUTE GOURMET does not represent nor in any way state that the meals delivered are appropriate for Customers with medical conditions, such as those requiring low sodium or other restrictions. Our meals are not intended for people under dietary restrictions due to medical conditions or allergies, unless the Customer is following the guidance of his/her own dietitian, who has determined under his responsibility that 5 MINUTE GOURMET meals are adequate notwithstanding this disclaimer. If a Customer requires meals with certified nutritional content, we recommend that he or she looks for other products and other suppliers. You indemnify us from any liability arising from the consequences of incorrect nutritional content on yourself and on the condition of other people who have consumed the meals you purchased from 5 MINUTE GOURMET.

Ingredient substitution: 5 MINUTE GOURMET may have to replace an ingredient with a similar one, in case the original ingredient becomes suddenly unavailable, in order to fulfill the order.

HIPAA compliant information handling: The Customer authorizes 5 MINUTE GOURMET to disclose information relating to Customer’s medical condition to 5 MINUTE GOURMET employees and contributors. The Customer also authorizes 5 MINUTE GOURMET to print information on the delivery box that may allow casual observers to identify the medical condition of the recipient (such as terminology like “renal” or “diabetic” or “dialysis”). The Customer holds 5 MINUTE GOURMET and its officers, suppliers, and employees harmless in case a HIPAA violation is determined.

21. Allergies: Unfortunately, we cannot always modify our ingredients in response to any food allergies or other conditions that you may report to us. Also, while we strive to follow your directions, we cannot guarantee that our tools and thus your meals have not come into contact with different ingredients, no matter how many precautions we take. If in doubt about any consequence to your health from our ingredients or our preparations, please abstain from ordering and consuming our meals. You indemnify us from any liability arising from food poisoning, allergic reactions, and related conditions.

22. Delivery and Pickup 

22.1 Delivery Address: Customer is responsible to check that their order has the correct “ship-to” address. P.O. Box numbers are not acceptable as a delivery address. For deliveries to a business, Customer needs to indicate the name of the business. 5 MINUTE GOURMET takes no responsibility for address errors in the order record. If the carrier delivers to an address incorrectly specified by the Customer, or if the carrier cannot deliver due to an address error, the order is still considered fulfilled. If the address change is requested after shipment, while the package is in transit, Customer will be responsible for any additional fees charged by the carrier for the re-routing. 5 MINUTE GOURMET will use best effort to immediately notify the carrier, but takes no responsibility for delivery delays that may damage the food.

22.2 Pickup: Pickup is currently available at 2 locations in NWA:

2200 SE J St, Suite 18, Bentonville, AR 72712

100 S Main St, Bentonville, AR 72712, USA (Saturday Market)

Once your order is ready for pickup you will receive a notification by email or text message. 

22.3 Porch Pirates: 5 MINUTE GOURMET takes no responsibility if porch pirates steal a meal box, or damage it in any way after it has been delivered to the Customer’s door.

22.4 Payment: Payment is upon order, with one of the approved payment methods.

22.5 Delivery Lead Time: Any delivery lead time provided by 5 MINUTE GOURMET on their website or otherwise is an estimate and not a commitment. It is triggered by receipt of Customer funds, not by Customer order date. All lead times are intended to be business days. Fridays are not counted as business days for the purpose of delivery lead time calculation. Any special instructions will extend delivery time.

22.6 Delivery Issues: If a delivery is late or otherwise compromised, Customer must notify 5 MINUTE GOURMET within one week of order date, for best effort remedial action. 5 MINUTE GOURMET is in no way obliged to remediate carrier errors or mishandling of packages. Any complaint or claim brought up more than one week after order date are considered void. If a 5 MINUTE GOURMET delivery is received with no coolant or with warm meals, Customer is responsible for notifying 5 MINUTE GOURMET immediately, else Customer loses any recourse with 5 MINUTE GOURMET.

22.7 Special Delivery: If a specific delivery date is requested, 5 MINUTE GOURMET will make a best effort to hit it, but does not commit to. In case the delivery occurs on a different date, 5 MINUTE GOURMET has no liability to the Customer and the order is considered fulfilled. The same applies to special delivery requests, such as calling in advance.

23. Fulfillment: Your order is considered fulfilled as a third party carrier service delivers it to the “ship-to” address specified in your order, even if there is no signature collected. You accept the records of the third party service provider as proof of delivery. Your signature is also valid proof of delivery and receipt. Ownership of product and risk of loss for the delivery transitions to the Customer upon carrier notice of delivery in their system.

24. Service Declined: We reserve the right to refuse service to anyone, for any reason, or for no reason.

25. Force Majeure: 5 MINUTE GOURMET is not responsible for delivery delays and/or loss of product due to strikes, terrorism, natural disasters like floods, hurricanes or other Acts of God. In these cases, 5 MINUTE GOURMET has fulfilled your order upon shipment from our facility.

26. Shipment Notification: The Customer is responsible to ensure that his own email system correctly processes the 5 MINUTE GOURMET notification and does not discard it as spam. If the Customer does not receive such shipping notification from 5 MINUTE GOURMET, he/she is responsible to contact 5 MINUTE GOURMET and obtain the relevant information. Customer hereby agrees that 5 MINUTE GOURMET is always deemed to have sent the shipping notification, except if Customer can prove otherwise. If the meals spoil after delivery because Customer is unaware of the shipment, Customer is not in any way entitled to replacement nor refund. Customer hereby agrees that his email or communication issues in receiving 5 MINUTE GOURMET messages cannot produce a liability for 5 MINUTE GOURMET.

27. Coupons: Customers may redeem one coupon, credit or special offer per order.

28. Order Change and Cancellation: If 5 MINUTE GOURMET receives a change request from you before shipment, 5 MINUTE GOURMET will make best effort to apply the changes requested. 5 MINUTE GOURMET will issue a new order on the Customer’s behalf, have it fund, then cancel the pre-existing order. Prior to shipping, orders can be cancelled with a 25% restocking charge. After shipping, no change nor cancellation are possible.

29. Hazmat Notice: For certain shipments, 5 MINUTE GOURMET may use dry ice, i.e. solid carbon dioxide, to keep their meals frozen during a delivery. Such material is considered hazardous for multiple reasons. It can burn human skin and organs, as well as animals and plants, upon contact, due to its extreme cold temperature, with painful injuries that may take a long time to heal. It continually releases carbon dioxide gas as it sublimates at normal temperatures, without producing any odor nor color. Carbon dioxide is a poisonous gas. If Customer is exposed to the release of such gas, he/she may experience difficulty in breathing up to asphyxiation and other symptoms, including strong headache and racing heartbeat. Customer shall not keep containers with dry ice close to living quarters, especially if they lack appropriate ventilation, particularly if not alert such as during sleeping. The release of carbon dioxide increases pressure in enclosures if not allowed to slowly flow into the external environment. Customer acknowledges that incorrect handling of containers with dry ice may lead to serious consequences including fatalities and hereby holds 5 MINUTE GOURMET and its officers and employees harmless for any accident, injury, or casualty resulting from improper handling or storage of dry ice.

30. Customer Data Protection: While 5 MINUTE GOURMET will use the strictest diligence to safeguard Customers’ Personally Identifiable Data and payment method information, 5 MINUTE GOURMET shall not be held liable for any data breach due to technology malfunction, malicious hacking, or any other. Customer provides their personal and payment data at their own risk.

31. Defects and Refunds: If Customers find a defect in the product received, they have 7 days from date of delivery to report such defect to 5 MINUTE GOURMET in writing by email. Such defect must be objective, and not subjective such as the taste of meals. 5 MINUTE GOURMET reserves the right to decide whether we will provide you with (A) a refund in an amount equal to the value of the defective portion(s) of a Product or (B) a full refund in an amount equal to the full value of the shipment. Under no circumstance shall 5 MINUTE GOURMET be required to make a partial shipment to compensate for missing or defective products. The full refund option does not apply to orders larger than $100 and we reserve the right to reject any request we deem to be fraudulent. If you refuse delivery of a Product from us we will notify you within a reasonable period of time whether you are entitled to a refund (and, if so, the amount) by phone or e-mail. If we determine that you are entitled to a refund, we will process such a refund within 30 days of communicating our decision to you. We typically provide refunds using the same method that you used to pay for your purchase.

32. Limitation of Liability: 5 MINUTE GOURMET is not liable for any issue with their product that is reported more than 7 days after delivery, because such issue may be the result of an incorrect handling or storage of the product by you. 5 MINUTE GOURMET shall not be liable for any direct, indirect or consequential damages that result from the use of, or the inability to use, or the consumption of our products, even if 5 MINUTE GOURMET has been advised of the possibility of such damages. 5 MINUTE GOURMET shall also not be liable for the loss of Customer Personally Identifiable Data, such as credit card number, address, or any other. The total liability for 5 MINUTE GOURMET from any claim, whether direct, indirect, consequential, or other, can never exceed the value of the last transaction that the impacted Customer placed with us.

33. Indemnification: You agree to indemnify, defend, and hold harmless 5 MINUTE GOURMET, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

34. Change of Terms: 5 MINUTE GOURMET reserves the right to modify these Terms and Conditions at any time, with or without notice.

35. Partner/Affiliate Program: Pending prior approval by 5 MINUTE GOURMET, a business entity is entitled to incentives for all subscriptions that were tracked to their website, for the first year of each individuals subscription, so long as they keep the follow link on their conspicuously on their website. As they remove the link they forego the right to any incentive even for existing subscriptions. The link must be conspicuously carried on one of the main pages of their website. Program participants will indemnify 5 MINUTE GOURMET from any liability arising from the Affiliate Program and are responsible to carry their own insurance policy.

36. Partner/Affiliate Duties: Any Partner/Affiliate is required to fairly represent 5 MINUTE GOURMET products and to update any information on 5 MINUTE GOURMET as new offerings or enhancements are made available. Partner/Affiliate acknowledges that 5 MINUTE GOURMET may be damaged by incorrect information that Partner/Affiliate provides, particularly if Partner/Affiliate presents competing products on the same website. If lacking or erroneous representations of the 5 MINUTE GOURMET offering are published on the website of the Affiliate, Affiliate loses the right to any incentive or commission from 5 MINUTE GOURMET. Once Partner/Affiliate corrects their information on 5 MINUTE GOURMET, the Partner/Affiliate relationship can be resumed.

Consent: By using our site, you consent to the above.