Terms of Service

Effective Date: April 3, 2023

These Terms & Conditions shall be governed by and construed in accordance with the laws of Saudi Arabia/Riyadh, without regard to its conflicts of law principles.

At Binge, we are committed to protecting your privacy and ensuring the security of your personal information. This Privacy Policy outlines how we collect, use, disclose, and protect the data you provide to us when using our website or services. By accessing or using the Binge website/application, you consent to the terms outlined in this Privacy Policy. If you do not agree with any part of this Policy, please refrain from using our website/application.

Effective Date

Welcome to the Binge website. These Terms & Conditions govern your use of our website and services. By accessing or using our website, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using our website.

Definitions

1. "Binge" refers to the website and its services provided by Al Wefaq Foods, the owner of the website.

2. "User," "You," or "Your" refers to any individual or entity accessing or using the Binge website and services.

Use of Services

1. Eligibility: You must be at least 18 years old to use our services or have the legal capacity to enter a contract on behalf of yourself or the entity you represent. By using our website, you warrant that you meet these eligibility requirements.

2. Account Creation: To access certain features or services on Binge, you may be required to create an account. You agree to provide accurate and complete information during the registration process and promptly update your account details if they change.

3. Account Security: You are responsible for maintaining the confidentiality of your account credentials. Any activity that occurs under your account is your responsibility. If you suspect unauthorized access to your account, you must notify us immediately.

4. User Conduct: You agree not to use the Binge website for any unlawful or unauthorized purpose. You will not engage in any activity that may harm, disrupt, or interfere with the proper functioning of our website or services.

Meal Plans and Nutritional Information

Meal Plans: Binge provides personalized meal plans based on the dietary preferences and requirements you provide. While we strive to offer accurate and beneficial meal plans, the responsibility for selecting and consuming suitable meals lies with you.

Nutritional Information: Nutritional information provided on the website is based on the ingredients and portions listed in the meal plans. However, actual nutritional values may vary due to factors such as ingredient substitutions or preparation methods. It is essential to verify the nutritional information with other reliable sources and consult with a healthcare professional if you have specific dietary needs or health concerns.Meal plans can be amended according to the preferences (allergies, intolerances, and dislikes) of the client only. Binge is not liable for adverse reactions to any food consumed. We recommend disclosing all dislikes, allergens, preferences, and medical conditions before starting the plan.

Prices

All prices shown on the App are subject to change at any time without notice. The price available through the App reflects the price available at the current time, in your current market area, and supersedes all prior prices for any product or plan. We may offer promotional pricing, frequency discounts, incentive pricing, loyalty discounts and other alternative pricing structures for some or all our subscription plans to some or all our customers from time to time in our discretion. We reserve the right to discontinue, modify or extend such pricing at our discretion without prior notice to you.

Payment and Subscription

Payment: If our services require payment, you agree to pay the fees specified on our website. All payments are non-refundable unless otherwise stated in our Refund Policy. Subscription: if applicable, will automatically renew unless canceled before the renewal date. You can manage your subscription settings in your account dashboard. All payments will be charged automatically the day the subscription/order is confirmed.

Freezing, Cancellation, Rescheduling or Editing Subscription/Orders:

Subscription/order are not to be canceled once confirmed. You can Freeze your subscription, reschedule a delivery, or edit your meals any time prior to 2 days before your order is scheduled for delivery. No freeze, rescheduling or changes of any kind can be made before 2 days your order is scheduled to be delivered. For example, if your order is scheduled to be received on Tuesday, you will be able to freeze, reschedule and edit anytime at or prior to 11:59 pm Sunday. You are responsible for inspecting all meals for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the meals you receive. To maintain the quality and integrity of our meals, we recommend that you immediately refrigerate all perishable items upon delivery or purchase and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety. We also recommend that you use a food thermometer to ensure that all meat, poultry, seafood, and other applicable items are cooked to the USDA’s recommended internal temperatures. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly, and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups.

Refunds

If you are a subscriber and you cancel your subscription, Binge has no obligation to refund any amount paid prior to the time of cancellation. However, to achieve customer satisfaction, Binge will refund in appropriate cases should there be a problem with your food order. Please contact your Customer Service Team at: info@askbinge.com and we will address the issue.

The following cases may be eligible for refund or compensation: You did not receive your order. The order you received was incorrect. Please note, refunds will not be issued if the customer simply didn’t like the food.Our refund policy states:If approved by Binge management, refunds will automatically be applied to the original method of payment within 5–10 business days. A refund is applicable on the incorrect order only and not the full subscription. Issues to be reported same day of delivery.

Promotions

Binge may, from time-to-time, offer promotions or other contests in which you may receive food items, merchandise, and other items (each, a "Contest"). By entering a Contest, you agree to be bound by these Terms & Conditions. Any violation of these Terms & Conditions may result in disqualification. All decisions regarding this Contest shall be made and all such decisions are final and binding in all respects. The prizes will be determined by us in our sole discretion and may be changed, altered, or substituted by us before or during the term of the Contest. WE MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WITH RESPECT TO ANY CONTEST. ANY ATTEMPT BY YOU TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT TO IMMEDIATELY CANCEL YOUR ACCOUNT AND TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM YOU TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

‍Weight loss and health claims

Binge provides information regarding its products for informational purposes only. Any weight loss and health results mentioned on the App, whether by Binge or others, are not guaranteed. Your results may vary considerably from those described through the App. You expressly acknowledge that Binge does not make any express or implied claims or guarantees that you will achieve or maintain any specific results through your use of Binge’s subscription service. Binge does not refund any payments or agree to cancel your participation in a subscription plan based on your failure to achieve your desired results.

Binge subscription plans are not medically-supervised. You should seek the advice of a physician or dietary consultant before starting any dietary program to ensure it is suitable for your specific dietary needs. Binge does not suggest or represent that any of our programs have been approved for your individual use by a physician or other medical professional. In addition, Binge does not guarantee the accuracy, completeness, or usefulness of any nutritional information of any subscription plan or adopt, endorse, or accept responsibility for the accuracy, completeness, or usefulness of any nutritional information regarding any subscription plan.

‍Deliveries and food safety

You are responsible for inspecting all meals for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the meals you receive. To maintain the quality and integrity of our meals, we recommend that you immediately refrigerate all perishable items upon delivery or purchase and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety. We also recommend that you use a food thermometer to ensure that all meat, poultry, seafood, and other applicable items are cooked to the USDA’s recommended internal temperatures. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly, and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups.

All Binge production facilities actively store, portion, and distribute ingredients that contain major food allergens determined by the U.S. Food and Drug Administration (“FDA”) (milk, egg, soy, fish, shellfish, peanuts, tree nuts, and others). While Binge takes precautions to reduce the risk of cross-contamination between ingredients and food products, cross-contamination may unintentionally occur during production and transit which may cause meals or other products offered in connection with the Binge Direct Delivery service to contain some or all those allergens. If you suspect that you have an allergic reaction or other adverse health event, immediately contact your health care provider. In addition, due to the variable nature of ingredient availability, nutritional information provided by Binge may differ from the nutritional information published.

Intellectual Property

Content Ownership: Binge retains all intellectual property rights to the website, including but not limited to text, graphics, logos, images, icons, videos, software, and any other content displayed on the site.

Third-Party Links and Services

Our website may contain links to third-party websites or services that are not under our control. We are not responsible for the content, privacy practices, or any other aspect of these third-party websites or services.

You acknowledge and agree that your interactions with third-party services or advertisers, including the delivery of goods or services and any associated terms, are solely between you and the third party. Binge shall not be liable for any loss or damage resulting from such interactions.

Limitation of Liability

In no event shall Binge be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our website or services.

You agree that the total liability of Binge, whether in contract, tort (including negligence), or otherwise, shall not exceed the amount you paid to us, if any, for accessing our services during the twelve (12) months preceding the event giving rise to the claim.

Disclaimer of Warranties

Binge strives to provide accurate and helpful information, but we do not guarantee the completeness, accuracy, or reliability of the content on our website.

Limitation of Liability

In no event shall Binge be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our website or services.

You agree that the total liability of Binge, whether in contract, tort (including negligence), or otherwise, shall not exceed the amount you paid to us, if any, for accessing our services during the twelve (12) months preceding the event giving rise to the claim.

Indemnification

You agree to indemnify and hold harmless Binge, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses arising out of your use of our website or services, violation of these Terms, or infringement of any third-party rights.

Modification of Terms

Binge may update these Terms & Conditions from time to time. The revised version will be posted on our website with the updated effective date. Your continued use of the website after any such changes signifies your acceptance of the updated Terms.

License and Access

Binge grants you a limited license to access and make personal use of the App and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the "UNLAWFUL OR PROHIBITED USES" section of these Terms & Conditions. You may download, print, and copy Content for personal, non-commercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing, or otherwise using the App or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions.

Trademarks

Binge and the Binge logos and other related marks, design marks, product names, feature names and related logos used in the App are trademarks of Binge and may not be used, copied, or imitated, in whole or in part, without the express prior written permission of Binge. In addition, the look and feel of the App constitutes the service mark, trademark and/or trade dress of Binge and may not be copied, imitated, or used, in whole or in part, without the express prior written permission of Binge. Binge’s trademarks and/or trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages Binge or suggests a sponsorship, affiliation, or endorsement by Binge. All other trademarks, service marks, logos, slogans, domain names and trade names are the properties of their respective owners.

Unlawful or prohibited uses

The App may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this App, you warrant to Binge that you will not use the App for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, unless you have the express prior written consent of Binge, YOU MAY NOT:

Make any commercial use of the App or its Content, including making any collection or use of any product listings, descriptions, prices, or images.download, copy, or transmit any Content for the benefit of any other merchant.use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the App.frame, mirror, or use framing techniques on any part of the App.make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing App content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms & Conditions.use any meta tags or any other hidden text utilizing Binge's name or trademarks.misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the App, or express or imply that we endorse any statement you make.use a buying agent to conduct transactions on the App.conduct fraudulent activities on the App.violate or attempt to violate the security of the App, including, without limitation:accessing data not intended for you or logging onto a server or an account that you are not authorized to access;trying to change the functionality of the App.attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures.attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the App, overloading, "flooding," "spamming," "mailbombing", or "crashing”.forging any header or any part of the header information in any e-mail or posting; orforging communications on behalf of the App (impersonating the App) or to the App (impersonating another user).send unsolicited or unauthorized emails on behalf of Binge, including promotions and/or advertising of products or services.tamper with the App or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the App, or any activity being conducted on the App.use the App to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity.harvest or collect personally identifiable information about other users of the App.restrict or inhibit any other person from using the App (including, without limitation, by hacking or defacing any portion of the App).use the App to advertise or offer to sell or buy (other than from Binge) any goods or services;reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the App.modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the App; orRemove any copyright, trademark, or other proprietary rights notice from the App or materials originating from the App.

Termination

Binge reserves the right to terminate or suspend your access to the website and services at any time, with or without cause, and without prior notice.

Governing Law

These Terms & Conditions shall be governed by and construed in accordance with the laws of Saudi Arabia/Riyadh, without regard to its conflicts of law principles.

Contact Information

If you have any questions, comments, or concerns about these Terms & Conditions or the Binge website, please contact us at info@askbinge.com.