Terms and Conditions

This site is owned and operated by New York Fork TM(together with its officers, directors, agents, employees and affiliates, hereinafter "We", "our" or "New York Fork").

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE MAKING YOUR FIRST PURCHSE FROM NEW YORK FORK AND USING THE SERVICES PROVIDED BY NEW YORK FORK. By reading and accepting, you agree to accept all of the Terms and Conditions hereunder. If you do not agree to be bound by all of these Terms and Conditions of use, you may not access or use the site or our services and should immediately cease such use. These Terms and Conditions of Use may be amended or modified by New York Fork, or new conditions may be imposed, at any time. Any such changes or additions will be shown by an update on the site and your use of the site following such posting shall be deemed your acceptance of such changes. These are accessible to you in the footer of our website - please check these Terms and Conditions of Use from time to time for any changes.

These Terms and Conditions are designed to ensure clarity, maximize our good service and avoid misunderstanding. If anything is unclear, please contact us with your suggestions.

1. Condition of purchase

The client bears all risk in respect of the meals once they have been delivered as per their order. New York Fork will not be responsible for any loss or deterioration that occurs subsequent to delivery.

2. Delivery Terms

a) New York Fork makes every effort to have deliveries signed for on receipt. In the absence of someone available to sign, we will deposit the cooler as per your delivery instructions, and notify you immediately by phone.

b) New York Fork will not be held liable financially or otherwise if delivery is not possible due to natural disasters, acts of terrorism, civil disorder, breakdowns in utility infrastructure or any other major incident.

c) New York Fork will make every reasonable effort to deliver by 6pm, but we reserve the right to deliver later, should conditions or circumstances beyond our control make this unavoidable.

3. Coolers and ice packs

a) Coolers and ice packs remain the property of New York Fork and must be left for pick-up after use. If you do not leave them for pick-up, or do not return them within 7 days after the agreed pick-up, your credit card on file will be charged $50, unless another arrangement has been discussed and agreed by us in writing.

b) Damage to, or loss of coolers and ice packs will be charged at $35 for coolers, and $15 for ice packs.

c) Should the cooler be mislaid, damaged, lost or stolen, New York Fork cannot be held responsible or liable, for the delivery, but the customer will be liable for the $50 charge for the cooler and ice packs.

4. Orders, cancellations and postponements

a) To cancel or postpone a standing order, you must phone and email us before 2pm, the Friday before your next scheduled delivery. We cannot be held responsible for changes made after this deadline.

b) Packages can be postponed for up to two weeks in total - either all at once, or by one week twice. We must be notified of your postponement via your package profile online before 2pm the Friday before your next scheduled delivery.

c) All other changes to standing orders and packages must be made before 2pm the Friday before your next scheduled delivery.

5. Returns

a) Due to food safety regulations, food cannot be returned, once delivered.

6. Payment

a) Week by week clients pay as they go online.

b) Package clients pay for their entire package at the time of creating their package profile. Added a la carte items, and extra meals are then paid for as they order them each week online.

c) Standing billing clients are charged weekly to their card on file for the upcoming deliveries and any a la carte items and extra meals that have been ordered.

7. Credit card details

a) The use of SSL (Secure Sockets Layer) software for the registration page encrypts your credit card number and registration details and then securely transmits them over the Internet. When you enter this secure part of our site you will see a padlock symbol on the lower toolbar on your browser screen to let you know the information is safe.

8. Privacy Policy

a) New York Fork respects your privacy. We do not sell, rent or loan any identifiable information regarding our customers to any third party. We may use and share aggregated information when it enables us to improve and enrich our product and content offering. Any information you give us is held with the utmost care and security.

b) Personal information, ie address, contact numbers are only collected when you make a purchase. This information is only used for fulfillment of orders, sending monthly menus, to offer loyalty bonuses, sending customized electronic messages and to service customers by way of telemarketing.

c) Your information, ie name, address, special delivery instructions are stored on a customer file. We will follow your details and instructions for each order unless you advise us otherwise. Your credit card number we will also be stored unless you advise us otherwise. This is stored in a scrambled mode on secure screen, which can only be accessed by New York Fork administration staff. This financial information is only used to process payments.

d) New York Fork will not reveal your personal information to any third party unless required to do so by law.

9. Disclaimers and Limited Liability of New York Fork

a) This site does not provide any medical advice or services to you. Nothing stated or presented on this web site or any link provided by this site is intended to be a substitute for professional medical advice, diagnosis, or treatment. New York Fork recommends that you seek the advice of a qualified health care provider if you have any questions regarding a medical condition, your diet, nutritional supplements, exercise routines, etc.

b) THE SITE IS PROVIDED ON AN "AS IS BASIS." New York Fork makes no warranty of any kind, implied or express as to the site's accuracy, completeness or relevance for any purpose, including but not limited to implied warranties of merchantability and fitness for a particular purpose. New York Fork shall not be liable to you or any third party for indirect, consequential, incidental, special or punitive damages. Furthermore, in no event shall New York Fork's liability exceed the price you paid for a product service or claim. You expressly agree that use of this site is at your sole risk. New York Fork does not endorse, recommend or sponsor and is not affiliated with any individuals or entities listed or linked to on this site unless that fact is expressly stated.

10. Third Party Content

In general, the content contained on the site or services provided may be supplied by third parties and users. Accordingly, New York Fork is a distributor (and not a publisher) of any such content and has no more editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not New York Fork.


11. On-line Conduct

You agree to use this Web site only for lawful purposes. You are prohibited from posting on or transmitting through this site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. If New York Fork is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by User, New York Fork may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Web site. We may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Web site; or (iii) to protect the rights or property of New York Fork. Notwithstanding the foregoing, We cannot ensure prompt removal of questionable content after online posting. Accordingly, We shall not assume liability for any action or inaction with respect to conduct, communication, or content on this Web site.

12. Links to third party web sites

This web site may reference or link to third-party sites throughout the World Wide Web. We have no control over these sites or the content within them. We further do not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. We do not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using this site to search for or link to another site, you agree and understand that you may not make any claim against New York Fork for any damages or losses, whatsoever, resulting from your use of this site to obtain search results or to link to another site.

13. Copyrights and Trademarks

All materials and contents contained in this Web site are copyrighted materials belonging exclusively to (or otherwise licensed to New York Fork and/or its content suppliers and are protected by federal Copyright Law and international treaties. New York Fork enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved. NEW YORK FORKSM is the exclusive property and service mark of (Brighton Rock, Inc) and you agree not to use any trade, service marks or other intellectual property of New York Fork without express written permission.

14. Indemnity

You agree to defend, indemnify, and hold New York Fork, its licensees and designees, the officers, employees and agents of all of the foregoing and the heirs, executors, administrators, successors and assigns of each of them, from and against all claims, losses, costs (including, without limitation, reasonable attorney's fees), judgments, settlements and/or expenses resulting from, or alleged to result from, your violation of these Terms and Conditions.

15. Applicable Law

This site is created and controlled by New York Fork in the State of New York. As such, the laws of the State of New York will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to the site and these disclaimers, terms and conditions at any time. You hereby irrevocably and unconditionally consent to submit to the jurisdiction of the State of New York for any litigation arising out of or relating to use of or purchase made through this site (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the New York courts and agrees not to plead or claim in any New York court that such litigation brought therein has been brought in an inconvenient forum.