This Customer Agreement (the “Agreement”) is an agreement between you and NyAsianFood, Inc. or its affiliates (“NyAsianFood”) that states the terms and conditions under which you may use our website (the “Site”), our mobile applications (each an “App”) (the Site and Apps are collectively, “Platform”) and receive NyAsianFood service, which includes processing and arranging for delivery of product orders (the “NyAsianFood Service”). For the purpose of this Agreement, “you” and “your” shall refer to the individual who wishes to use the NyAsianFood Service. You must be 18 years of age or older and have the legal authority to enter into this Agreement. By (i) your submission of an order online or via App; (ii) your acceptance of this Agreement electronically during registration for the NyAsianFood Service; (iii) your use of NyAsianFood Platform, you agree to be bound by this Agreement, including future revisions. Any specific terms, conditions, instructions or service limits relating to the NyAsianFood Service at the time of order will be treated as part of this Agreement. If you do not agree with all of the terms and conditions, do not use the Platform or the NyAsianFood Service.
1. NyAsianFood Service – Managing Your Orders
1.1. Ordering through the Platform. NyAsianFood Service allows you to place an order (the “Order”) before posted cutoff times for a given delivery (see Delivery of Products below for details). Available delivery date and associated delivery fees and promotions(if applicable) will be shown during the ordering process. Delivery dates and timeslots are available on a first-come first-served basis. To view delivery and cutoff times, visit the Delivery Info section of the Platform. If you wish to make a change to your order, you must complete the change before the Order Cutoff Time. Note that modified orders are subject to price changes and a change of a delivery date may not guarantee the availability of your desired items. You may cancel orders via the “Order” section of the Platform.
1.2. Price, Availability and Substitutions. NyAsianFood is committed to provide you with great prices and high quality products. The products’ name, unit price and unit quantity at your time of order are listed on our Platform. Due the perishable nature of our products, certain products may be unavailable due to market conditions beyond our control or quality that is below our standards. If we have an item that’s very similar to the item you ordered, we reserve the right to make item substitutions; otherwise, we will cancel the item and refund to you the paid price of the item. If you’re not happy with the substitution, please email us at service@NyAsianFood.net. If we are unable to fulfill your entire order with the items you order or appropriate substitutions, we will use reasonable efforts to contact you prior to delivery (which may include notice in your confirmation email). Once you complete checkout, your price is guaranteed unless you placed an order for an item where we have inadvertently listed an incorrect price. In those circumstances, we reserve the right to cancel undelivered orders for such incorrectly priced products; we will contact you immediately in such circumstances, and your payment method will not be charged. Please note: we reserve the right to limit your order or the quantity of a particular product that you may order.
1.3. Delivery Fee. A delivery fee may be added to your order where it is applicable. Any such fee is not a gratuity for the delivery personnel who delivers or is otherwise involved with the delivery of your order and will not be given to any such delivery personnel as a gratuity.
1.4. Tip. Tip is not mandatory. If you wish to tip, you can provide a tip at the time your order is delivered.
1.5. Minimum Purchase. Your order may be subject to minimum purchase order total, not including taxes, delivery fees, and surcharges.
1.6. Cancellations. Cancellation of orders after the required cutoff time will result in a restocking fee equal to the sum of (a) 100% of the total dollar amount of your perishable items (since many of our perishable items are individually prepared) plus (b) 25% of the total dollar amount of your nonperishable items.
1.7 Return Policy. Please immediately check the quality and quantity of the items you order after your order is delivered. If you feel there is any quality issue with the items you order, please immediately contact NyAsianFood customer service within three (3) hours of the order is delivered.(If there is any shortage of goods, please contact us by WeChat, we will refund the price to the customer) To contact NyAsianFood, please go to “Order” section in NyAsianFood App and click “Apply for Refund” to process your request. Please take a picture of the affected item and send the picture to us for verification purpose. No refund or return will be honored if you fail to notify us within three (3) hours. Please note, we only honor return or exchange for items with quality issues, NO RETURN OR EXCHANGE OF ITEMS WITH NO QUALITY ISSUE(S) WILL BE ALLOWED.
1.8. Chilled Packaging Fee: Some products, including but not limited to meat & poultry, seafood, dairy & soy product, refrigerated food, frozen noodle & bun, other frozen food and some products from the restaurant/provider/bakery, require special packaging to make sure they arrive in good condition. The order with these products will be charged a chilled packaging flat fee, regardless of numbers of special products required chilled packaging within same order. This flat fee includes partial materials and labors required for the chilled packaging.
• If the customer cancels the order, the chilled packaging fee will be refunded.
• If the customer decides to cancel partial chilled packaging SKUs within the same order, the chilled packaging fee will not be refunded. If all chilled packaging SKUs within same order are canceled, the chilled packaging fee will be refunded.
• Vouchers and promo codes cannot be used against chilled packaging fee.
• There is no tax for chilled packaging fee.
1.9. (Not Atived)Membership: “NyAsianFood Plus”：Some products, including but not limited to meat & poultry, seafood, dairy & soy product, refrigerated food, frozen noodle & bun, other frozen food and some products from the restaurant/provider/bakery, require special packaging to make sure they arrive in good condition. The order with these products will be charged a chilled packaging flat fee, regardless of numbers of special products required chilled packaging within same order. This flat fee includes partial materials and labors required for the chilled packaging.
Membership: “NyAsianFood Plus”
• $59 for 180 days. $59 is non-refundable, non- transferrable.
• NyAsianFood Prepaid Card cannot be used to purchase NyAsianFood PLUS
• For both home delivery and pickup location customers,
• 180 days will be calculated based on the number of days, not the calendar month.
• The membership should take effect immediately upon the time of signup, and start on the time and date of signup and last for 180 days.
• The membership should be valid within 180 days for ordering.
• Two $5 member vouchers
1) $5 off member voucher available every 30 days.
2) $5 off member voucher can be used together with other forms of vouchers.
3) $5 off member voucher should be automatically applied during the checkout for the 1st and 2nd order of each 30 days
4) $5 off member voucher will be returned to the account if the order is canceled.
5) $5 off member voucher should be shown under “Voucher’ and “Member” sections
• 2% reward of each purchase as account credit:
1) 2% calculation does not include tax, service charge, surcharge charge, packaging fee, delivery fee, and discount from non-member voucher as well as the refund.
2) 2% reward applies to $5 Member voucher
3) 2% reward will be credited to the customer’s account within 20 business days for every 90 days of purchase, can only be used as account credit on NyAsianFood.
4) The order placed within the membership period should be delivered within 14 days after the membership is expired.
5) 2% reward does not apply to bulk deal SKU.
6) 2% reward does not apply to canceled orders.
2. NyAsianFood Service – Payment
2.1. Card Authorization and Estimated Costs. You must have a credit card or debit card (“Card”) on file with NyAsianFood in order to place an order on the Platform. Your Card will be charged for your order on the day your place the order. NyAsianFood will not process an order that attempts to use an incorrect, expired, or over-the-credit limit Card. We will make reasonable efforts to contact you if this occurs. However, in the event such an order is processed, NyAsianFood reserves the right to collect funds for any uncollected transaction charges or fees owed to it. If you fail to pay any fees or charges when due, including but not limited to rejected electronic payments, late pick-up fees or restocking fees, NyAsianFood may charge such amount directly to the Card identified in your Customer Account and NyAsianFood may suspend or terminate your access to the NyAsianFood Service. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that NyAsianFood may incur in its efforts to collect any unpaid balances from you. Your right to use the NyAsianFood Service is subject to limits established by NyAsianFood and/or by your Card issuer.
2.2 Third party payment platform. NyAsianFood may support the checkout using the third-party payment platform. Customer must comply with any applicable terms and conditions of such third-party payment platform.
3. NyAsianFood Service – Delivery
3.1. Delivery of Products. NyAsianFood uses refrigerated trucks with freezer compartments and secured paper box with ice packs (where applicable) to maintain the quality and integrity of your products. To maintain the integrity of products after delivery, we recommend that you immediately refrigerate or freeze perishable items. Frozen items must immediately be placed in a freezer. In an effort to meet the committed delivery times for all of our customers, our delivery personnel cannot wait for an inspection of the items delivered.
3.2. Delivery Requirements. To receive delivery, you must live in a residential apartment or home and you or an authorized doorman must be present to receive your order from our delivery personnel during your selected delivery date. The authorized doorman, who is designated at point of your order is placed, can accept your goods when you are not present at the time you had selected for delivery and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If you or your doorman are not present during your selected delivery date, we are unable to redeliver the order to you, the order will be canceled and you will be charged a cancellation fee as described above.
3.3. Unattended Delivery. In certain areas, NyAsianFood may offer unattended delivery. If available in your area, this option is contained in the “Delivery” section of “Your Account” on our Platform. If you select the unattended delivery option, you, and not NyAsianFood, are solely responsible for products that are left at your delivery location.
3.5. Invoices. You will receive an email invoice after your order is received and accepted. All of your order invoices are available in the “Order” section of our Platform. If something is missing from your order, please contact our Customer Service department via our e-mail, phone number or WeChat.
3.6. Inclement Weather and Unforeseen Delivery Complications. In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to our delivery schedule which will cause us to suspend chosen delivery dates and times. If there will be a significant delay in delivering your order, a customer service representative may call or e-mail you to let you know the status of your delivery time. We will attempt to deliver your order as quickly as possible when the conditions permit. We will never deliver an order past 12:30 AM without your consent. If your designated delivery location (e.g. street closure) or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date to make the delivery.
3.7. Tips. NyAsianFood delivery personnel are allowed to accept tips. Customers are under no obligation to tip delivery personnel but have the option of doing so if exceptional service is provided by the delivery personnel.
4. Access to the NyAsianFood Service
4.1. ID Number and Passwords. You will need to create an account with user name and a password in order to access the NyAsianFood Service. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your user name password and all use or charges incurred from use of the NyAsianFood Service with your password. You agree to notify NyAsianFood promptly of any unauthorized use of your password and you will remain liable for any use of the Platform or NyAsianFood Service until you notify NyAsianFood.
4.2. Your Account. You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account to access the NyAsianFood Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number and e-mail address for your order. You can update your information in the “Your Account” area on our Platform or contact our Customer Service department. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to NyAsianFood, and accept responsibility for all activities that occur under your account or password. You will comply with all laws applicable to your activities on the Platform and with this Agreement.
B. NyAsianFood maintains your personal identification information for the purpose of account management, billing and collections, customer support and service management. You agree that NyAsianFood may also aggregate anonymous, non-personal information for reporting and analysis purposes related to your usage of the Platform and the NyAsianFood Service.
C. You authorize our recording and monitoring of your calls to our customer service phone numbers and you consent to NyAsianFood may contact, survey, solicit you from time to time by various means including, without limitation, automated dialing, your account inbox records, internal communication and email.
5. Warranty Disclaimer; Limitation of Liability; Indemnification
5.1. YOU EXPRESSLY AGREE THAT THE USE OF THE NYASIANFOOD SERVICE, THE PLATFORM, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE NYASIANFOOD SERVICE, THE PLATFORM, AND ITS CONTENTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NYASIANFOOD DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE NYASIANFOOD SERVICE, THE PLATFORM, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE NYASIANFOOD SERVICE; NYASIANFOOD DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. NYASIANFOOD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, RELIABILITY, CORRECTNESS, ACCURACY, CONTENT, OR OTHERWISE OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE PLATFORM OR THE NYASIANFOOD SERVICES. NYASIANFOOD DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
5.2. NEITHER NYASIANFOOD NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, JOINT VENTURE PARTIES, INDEPENDENT CONTRACTORS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, “NYASIANFOOD PARTIES”) SHALL BE LIABLE, IN CONTRACT OR IN TORT, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, THE NYASIANFOOD SERVICE, OR THE INTERNET. NYASIANFOOD’S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE NYASIANFOOD SERVICE AND TO TERMINATE THIS AGREEMENT. NYASIANFOOD RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
5.3. The material in the Platform is provided for lawful purposes only. NyAsianFood operates this Platform for use in specific jurisdictions where it provides its Services, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Platform from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice and may vary geographically.6.4. You agree to defend, indemnify, and hold NyAsianFood Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, settlements and expenses, including attorney’s fees, accounting fees, and costs, arising in connection with, resulting from, or alleged to result from, your use of the Platform or Contents, or violation of this Agreement by you or through use of your account.
6. General Terms
6.1. Termination. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. NyAsianFood may suspend or terminate this Agreement or the NyAsianFood Service or remove or disable access to any portion of the NyAsianFood Service at any time for any reason with or without notice to you. You may terminate this Agreement and your NyAsianFood Service at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. NyAsianFood reserves the right to collect fees and charges incurred before you cancel your NyAsianFood Service.
6.2. Customer Service. If you experience any issue using our Service, have any administration question or want to request any change to your Order prior to the Cutoff Time, you may contact us at service@NyAsianFood.net
6.3. Assignment or Transfer. This Agreement is not assignable or otherwise transferable by you.
6.4. Force Majeure. Under no circumstances shall NyAsianFood be held liable for any delay or failure in performance of the Service or any other related service or products resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions and orders of domestic or foreign courts or tribunals.
6.5. Governing Law. This Agreement shall be governed by the laws of the State of New York without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with NyAsianFood or relating in any way to your use of the Service or the Platform resides in the federal and state courts of New York and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of New York in connection with any such dispute, including any claim involving NyAsianFood Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or it shall be barred. You and NyAsianFood agree that, by entering into this agreement, you and NyAsianFood are waiving the right to a trial by jury.
6.7. Severability and Non-Waiver. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
6.8. Changing the Term of Service. NyAsianFood may change the Terms of Service for the Service at any time. We will publish details of all changes online at https://nyasianfood.com/terms-of-use/