Terms and Conditions of Use for Enjoyer Website
This Site is operated by Vykom Corporation dba Enjoyer (“our”, “we”, “us” and/or “Enjoyer”). We welcome you to this Site and hope you will enjoy and benefit from it.
- Access to the Site
- Upon ordering and confirming your purchase, there are no refunds offered. If you cancel your order, you must do so 48 hours in advance of the start date you have chosen, and you will be credited the exact amount to be applied to any future order. You may not cancel any orders less than 48 hours before expected delivery. Additionally, upon confirmation, you have accepted and agreed to the terms of purchase, including that the product you receive is guaranteed to remain frozen for up to 30 minutes from when you receive it. Other than the foregoing, our sole liability and your exclusive remedy for product ordered through this Site is for us to replace any product that you can reasonably demonstrate has been broken or damaged during transit. To seek replacement of such broken or damaged product, you may contact us by sending an email with a subject matter indicating the number of items that have been broken or damaged during transit to firstname.lastname@example.org, and how we can contact you in order to respond to your request either by telephone or email.
- The purchase of any products through this Site is also subject to any other provisions stated in this Site or as indicated during the ordering process.
- EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS SECTION 3, ALL PRODUCTS SOLD THROUGH THIS SITE ARE SOLD “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, BY US OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR MERCHANTABILITY.
- WARNING: OUR PRODUCTS HAVE NOT BEEN PASTEURIZED AND, THEREFORE, MAY CONTAIN HARMFUL BACTERIA THAT CAN CAUSE SERIOUS ILLNESS IN CHILDREN, THE ELDERLY, AND PERSONS WITH WEAKENED IMMUNE SYSTEMS. OUR PRODUCTS ARE ONLY GUARANTEED FRESH FOR up to 30 MINUTES FROM THE TIME YOU RECEIVE IT, AS THEY ARE NOT PASTEURIZED AND PACKED WITH PERISHABLE NUTRIENTS AND ENZYMES. DO NOT CONSUME THE PRODUCTS IF THE PACKAGING AND/OR WRAPPER HAS BEEN BROKEN OR IT APPEARS THE PRODUCTS HAVE BEEN TAMPERED WITH IN ANY WAY. MAKE SURE BEFORE USING ANY PRODUCT THAT YOU OR ANY OTHER RESPONSIBLE INDIVIDUAL HEEDS THE FOREGOING WARNINGS AND FOLLOWS THE FOREGOING INSTRUCTIONS AND ANY OTHER INSTRUCTIONS INCLUDED WITH THE PRODUCTS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING FOR WHOM THE PRODUCTS ARE APPROPRIATE FOR USE AND CONSUMPTION.
- Use of Content and Proprietary Notices
- The content of this Site, including, but not limited to, text, design, photographic images, video clips, illustrations, artwork, graphics, articles, reference information, menus and all other protectable elements of this Site (collectively, the “Content”) remains the sole and exclusive property of us or the authors, as applicable, including all copyright, trademarks and all other proprietary rights. You agree not to duplicate, or otherwise extract any of the Content for any purpose other than for your own personal use, unless otherwise authorized by us in writing. You also agree not to sell or modify the Content, display, publicly perform, distribute or otherwise use any of the Content, in whole or in part, for any public or commercial purposes without our prior written consent.
- All trademarks and service marks, including, but not limited to characters, artwork, logos, identified on this Site are owned exclusively by us, unless otherwise indicated on this Site. You agree not to remove, modify, use or otherwise exploit any of our trademarks or service marks without our prior written consent.
- The Content may be updated and otherwise modified by us without notice. You should keep looking at this Site to see if any of the Content has changed.
- Neither we, nor any owners, administrators, contributors, website users or authors are responsible for any liability arising from your use of or reliance on the Content.
- Improper Use
- You agree not to or permit any other person to:
- transmit, distribute or upload programs or material that contain malicious code, including, but not limited to, viruses, time bombs, cancelbots, worms, Trojan horses, Easter eggs, spyware, or other potentially harmful programs or other materials or information;
- send or enable the transmission of junk email, duplicative or unsolicited messages, or so-called “spamming” or “phishing”;
- disrupt, impair, alter or otherwise interfere with the functions, features, or Content or use of this Site;
- violate any laws, regulations, judicial or governmental order, any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any third party;
- gain unauthorized access to this Site;
- sell, market or promote any product or service on or through this Site, including, without limitation, copy, transfer or use any names, photos, links, text, data or other content belonging to or posted by us for the purpose of selling, engaging in, marketing or promoting any product or service; and/or
- improperly display any TCP/IP packet header or part of the header information in any email or other postings.
- Even though all of the above materials and activities are strictly prohibited, there is a small chance that you may become exposed to them while using the Site. If so, neither we nor any of our officers, directors, employees, shareholders, advertisers or corporate partners will in any way be responsible for any damages incurred or suffered by any party or caused by any party arising out of or related to any such exposure.
- You agree not to or permit any other person to:
- Copyright Infringement Notification and Procedure
- If you believe that this Site contains text, images, or other elements that infringe your copyrights in your work, please follow these procedures.
- All notifications of claimed copyright infringement related to this Site should be sent only to our Designated Agent identified below. Note that the Designated Agent may change from time to time, so you should check this Term of Use before sending any notification to us.
- Written notification must be submitted by email or mail to the following Designated Agent:
100 N. Brand Blvd. Ste. Suite 100B
Glendale, CA 91203
- Name of Agent Designated to Receive Notification of Claimed Infringement:
- Full Address of Designated Agent to Which Notification Should be Sent:
100 N. Brand Blvd. Suite 100B
Glendale, CA 91203
- Telephone Number of Designated Agent:
- Email Address of Designated Agent:
- Written notification must be submitted by email or mail to the following Designated Agent:
- In order to comply with Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
- An electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the copyright owner of the copyrighted work(s);
- Identification of the copyrighted work(s) that you or the copyright owner claim has been infringed;
- A description of the material that you or the copyright owner claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page as to this Website where it is lawfully posted;
- A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;
- Your name, address, telephone number, and e-mail address;
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Hyperlinks to Other Websites. You understand and agree that any hyperlinks to other websites that are suggested or identified in this Site or advertisements of other parties’ products or services are provided to you for convenience purposes only and that we do not make any representations or warranties regarding such websites, or the products or services offered through such websites. We do not endorse, verify or otherwise have any responsibility for any such websites, their business practices, or any goods or services associated with such websites. We reserve the right in our sole discretion and without notice to: (i) terminate any and all links to this Site from any third party site, (ii) terminate any and all links from this Site to any third party site and/or (iii) terminate any third party materials made available or accessible via this Site and remove any online posting thereof.
- WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PRODUCTS PURCHASED THROUGH THIS SITE. THE CONTENT OF THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE USED TO DIAGNOSE OR TREAT A HEALTH OR OTHER PROBLEM OR DISEASE. NEITHER THE CONTENT NOR ANY PRODUCTS OFFERED THROUGH THE SITE ARE INTENDED TO BE, NOR SHOULD THEY BE USED AS, A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT IN ANY WAY. DO NOT USE THE INFORMATION OR PRODUCTS AVAILABLE ON OR THROUGH THE SITE AS A SUBSTITUTE FOR PROFESSIONAL EVALUATION AND TREATMENT. ANY INFORMATION THAT YOU FIND HERE, RECEIVE FROM OUR AGENTS OR EMPLOYEES BY PHONE, FAX, ELECTRONIC MAIL OR OTHER TRANSMISSION MEDIUM, ON WEBSITES WHICH WE LINK TO, OR OBTAIN THROUGH CONTACTS YOU MAY MAKE THROUGH THIS SITE, OR PRODUCTS OFFERED THROUGH THE SITE, SHOULD BE VERIFIED WITH YOUR PROFESSIONAL HEALTH CARE PROVIDER. CONSULT YOUR PROFESSIONAL HEALTH CARE PROVIDER WITH ANY SPECIFIC HEALTH QUESTIONS OR PROBLEMS YOU MAY HAVE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR ANY CONDITION REQUIRING IMMEDIATE ATTENTION, CALL YOUR DOCTOR OR 911 IMMEDIATELY. WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC MEDICAL TESTS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON OR PURSUANT TO THE SITE. RELIANCE ON ANY INFORMATION OR PRODUCTS PROVIDED BY US, OUR AGENTS OR EMPLOYEES IS SOLELY AT YOUR OWN RISK AND WE HEREBY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION THEREWITH.
- UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE’S ACCESS OR USE OF THE SITE, ANY CONTENT POSTED ON THE SITE OR TRANSMITTED TO USERS, ANY INTERACTIONS BETWEEN OR AMONG USERS OF THE SITE, WHETHER ONLINE OR OFFLINE, OR YOUR USE OR CONSUMPTION OF ANY PRODUCTS PURCHASED THROUGH THIS SITE.
- THIS WEBSITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE AND MERCHANTABILITY OR ANY WARRANTY OF NONINFRINGEMENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF ANY MATERIALS CONTAINED IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING FROM YOUR USE OF OR RELIANCE ON THE CONTENT, OR ANY OTHER MATERIAL APPEARING ON OR THROUGH THIS SITE.
- WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF OR RESULTING FROM YOUR ACCESS AND USE OF THIS SITE. YOU (AND NOT ENJOYER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU UNDERSTAND AND AGREE THAT THIS SITE, ENJOYER, AND ITS RESPECTIVE MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, MANUFACTURERS AND SUPPLIERS, SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY, LOSS OR DAMAGE, OF ANY KIND WHATSOEVER, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THIS SITE OR PURCHASE, CONSUMPTION OR USE OF ANY PRODUCTS SOLD THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR ENTIRE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, EXCEED ONE HUNDRED DOLLARS ($100).
- You may not use or export or re-export the Content at or on this Site or any copy or adaptation thereof in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations.
- There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other user of the Site.
- YOU AND ENJOYER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE MUST BE BROUGHT FORTH WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- Gift Cards
Gift cards are redeemable for any products sold on the website located at www.enjoyer.com. All sales of gift cards are final, 100% non-refundable and can never be returned or cancelled. To replace a gift card that has been lost or stolen, proper proof of purchase must be shown. Gift cards never expire or decrease in value if not used. After using your gift card during checkout, the total of your order shall immediately be deducted from the balance on your gift card. If your order total exceeds the amount on your gift card, you may pay the remainder with a credit or debit card.
- The date of any catering order is officially reserved after these Terms and Conditions have been agreed to and a $200 booking deposit is received, both of which must occur at least 1 month prior to the date the catering order is to be delivered and fulfilled (“Event Date”).
- The total cost of your catering order is due at least 2 weeks prior to the Event Date. No product will be made until full payment has been received.
- Any changes to a catering order must be submitted via email or telephone call at least 2 weeks prior to the Event Date.
- The exact taste of the product delivered as part of your catering order may vary slightly from that of any product sampled by you when deciding to place a catering order due to the different sources of fresh products (i.e. fruits, nuts, etc.) that Enjoyer uses in each production run.
- Delivery of a cart is free of charge for locations situated within 20 miles of Glendale, CA. Each mile over and above 20 miles from Glendale, CA will add an additional $1.2 per mile to the total cost of the order.
- There is an additional fixed fee of $129 for set up and delivery of an ice cream cart as well as 2 hours of an employee of Enjoyer serving ice cream at the designated location (“Serving Time”). This fee is an additional charge and will not be included in the price of the ice cream order. Each additional hour of Serving Time is an additional $35.
- All cancellations of catering orders must be made at least 1 month prior to the Event Date to receive a refund of your deposit. In the event an order is cancelled less than 1 month prior to the Event Date, you forfeit any initial deposit made relating to the order of the order.
- Membership and Registration
- You must be at 18 years of age or older to be a member. Those under the age of 18 are ineligible to become Enjoyer members
- Members receive a 20% discount on all Enjoyer products so long as their membership continues. Upon becoming a member, an Enjoyer account will be created for you.
- Your membership with Enjoyer will be renewed automatically every month, so long as your membership has not been cancelled. On the 1st day of each month, we will charge $60 to your credit card and add $60 to Enjoyer account.
- Members have no limit on the amount of product that can be ordered and delivered in one order.
- Members may cancel their membership at any time by notifying us by phone or sending an email to email@example.com. You will still be able to use any funds remaining in your Enjoyer account.
- You are responsible to provide registration information that is accurate and complete. Should any of your registration information change, you are responsible to inform us immediately of such changes by updating your personal details.
- Upon becoming a member, you will be asked to create a password. You will be asked to create a login and password. It is your responsibility to keep this information confidential. You are responsible for all actions taken and orders taken using your login and password. If you know or suspect that someone else is using your login and password without your consent or authorization, you should contact us immediately by phone or by sending an email to firstname.lastname@example.org.
- Community Sites
We make no representations as to the validity of any opinion, advice, information or statement displayed on Enjoyer message boards by any third parties. By submitting material you are granting Enjoyer a perpetual, royalty-free, non-exclusive license to reproduce, modify, translate, make available, distribute and sublicense the material in whole or in part and in any form. You shall be responsible for our losses and costs resulting from your breach of these Community Sites terms and conditions.
- Use of Common Allergens
Various nuts (including, but not limited to, peanuts), soy & other common allergens are used at the facility where Enjoyer products are made. Although we strive to keep these allergens separate from other ingredients we use, Enjoyer makes no guarantee that your products will be entirely free of these ingredients.
- Delivery Terms
Enjoyer will deliver the product to the location designated during check out. Enjoyer will always call upon delivery of the product if nobody is present at the time of delivery to accept the product. In the event nobody is present to accept the product and nobody responds to the resulting phone call, Enjoyer will return the product back to it’s store located at the Glendale Galleria at 1127 Galleria Way, Glendale, CA 91204.
- General Payment Terms
- You agree to pay the cost of all product ordered (the “Price”) to Enjoyer upon checkout when placing an order through the Site.
- All payments shall be made in one lump sum for the entire Price. All sales are final once payment has been made.
- The method of payment shall be one of the following:
- Credit card payment
- Any charges payable under these Terms and Conditions are exclusive of any applicable taxes, tariff surcharges or other like amounts assessed by any governmental entity arising as a result of the delivery of the Product by Enjoyer to you and such shall be payable by you to Enjoyer in addition to all other charges payable hereunder.