PLEASE READ THESE TERMS CAREFULLY, IN PARTICULAR YOUR ATTENTION IS DRAWN TO CLAUSE 4 (SUBSCRIPTION AND CANCELLATION) AND CLAUSE 13 (OUR LIABILITY).
These terms may have changed since you last reviewed them. These terms were last updated on 24 Dec 2024.
If you use or order Products after we have published any changes you will be bound by those changes. You should check prior to each use or order to ensure that you understand the precise terms and conditions that apply to you and each order you place.
You should download or print a copy of these terms and conditions for future reference.
These are the terms and conditions of CALO CATERING SERVICES LTD (company number: 15756802), trading as “Calo” in the UK. We operate the website https://calo.app (the “Website”) and the mobile app “Calo” available on the Apple App Store and the Google Play Store (the “App”) for the sale of meal plans curated for you and your needs (the “Products”).
These terms and conditions apply only if you are buying goods on our site as a consumer (i.e. for purposes outside of your business, craft or profession). If you are buying goods on our site in the course of business, you must contact us separately here: b2b@calo.app.
1. SERVICE AVAILABILITY
These terms apply to all orders placed by people residing in the United Kingdom of Great Britain but excluding Northern Ireland (“Serviced Countries”). If you do not reside in any of the geographical regions that we service, then you may not be able to place orders or we will reject your orders. When you create your account on the App, you will be required to enter your address and you may not be able to open your account if your address is not within one of the Services Countries.
2. YOUR STATUS
1. By placing an order through our App, you warrant and represent that:
- 1) you are legally capable of entering into binding contracts;
- 2) you are at least 18 years old;
- 3) you are a resident in one of the Serviced Countries; and
- 4) you are accessing our App from that country.
3. SUBSCRIPTIONS AND ACCOUNT BALANCES
1. All use of and purchases made via our App are governed by these terms and conditions. After placing an order for a Subscription (as defined below) via our App, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products in accordance with the Subscription you have selected. Subject to our cancellation rights set out below, acceptance of your order will take place when we issue you with a notice that confirms your has been accepted, at which time a legally-binding contract will have been formed (the “Contract”). After the Contract has been formed you will be sent a dispatch confirmation (“Dispatch Confirmation”) for each delivery relevant to your Subscription via the App, email and/or SMS message as applicable from our third-party couriers.
2. Subscription plans to our Services are offered for various periods (e.g. weekly or monthly) and the prices we charge for each option are as stated on the App at the time you enter into a Contract with us (“Subscription”).
3. At the start of a Subscription, you will need to pay the [charges] shown in the App for such subscription upfront. Payments made to us for a Subscription will credit your Calo account (your balance shown within the App) with the same amount paid which will be treated as an upfront payment for Calo’s future supply of Services in accordance with the Subscription selected (“Account Balance”). You hereby acknowledge that:
- 1) we do not hold your Account Balance on your behalf and these payments are treated as pre-payments for our Services to be provided in the future and can only be refunded in certain circumstances as set out in these terms;
- 2) your Account Balance shall not accrue any interest; and
- 3) your Account Balance cannot be transferred to other accounts on the App or otherwise.
4. When we issue you with a Dispatch Confirmation, we will deduct the fees relating to such dispatch from your Account Balance and your on-screen balance shown in the App will be updated accordingly.
5. Unless otherwise notified via the App, at the end of a Subscription you will be prompted via the App to resubscribe which will mean you will need to place another order for a Subscription and pay further amounts to your Account Balance.
6. Please check the details you submit to us carefully and correct any errors before you submit it to us. If you would like to make any changes to your details or your order after you have submitted it, please contact us as soon as possible and we will let you know if it is possible to change your order. We will not be liable for any losses or costs arising from incorrect information you have supplied to us, it is your responsibility to provide us with accurate information.
4. SUBSCRIPTIONS AND CANCELLATION
1. By purchasing a Subscription you are agreeing to for us to deduct amounts from your Account Balance for the time periods and at the relevant intervals you have selected within the App unless paused or cancelled earlier by you or us.
2. If you wish to cancel your Subscription prior to receiving your first delivery of Products, please contact our customer care team as soon as possible and in any event before we issue you with a Dispatch Confirmation. After we have issued a Dispatch Confirmation in relation to your first box, you will not be permitted to cancel a Subscription and you will only be permitted to pause your Subscription subject to and in accordance with clause 4.3 below.
3. You may pause your Subscription at any time via the App and this will mean all deliveries of Products and deductions from your Account Balance will be temporarily paused starting from your next delivery date shown in the App, provided that a Dispatch Confirmation has not been issued in relation to such delivery. You are responsible for and shall pay for any Products dispatched prior to pausing your Subscription. If you attempt to pause your subscription after we have taken payment for Products, we may in our discretion refund you provided we have not already dispatched your Products. To pause your subscription plan, choose the options provided in the App, or contact Calo at hi@calo.app.
4. Any Account Balance that has remained Inactive for a period of 12 months will expire and we will not be obligated to refund this to you. This also means that the Subscription for which you paid for will be cancelled and you will not be permitted to resume such Subscription. For the purposes of this clause, “Inactive” shall mean, in relation to your Account Balance, there have been no deductions for Subscriptions or top-up payments and “Inactivity” shall be construed accordingly. We will use commercially reasonable endeavours to notify you via the App after any of your Account Balance has remained Inactive for 11 months.
5. Subject to clause 4.4 above, you can resume a paused Subscription at any time, but we reserve the right not to permit you resuming where we have previously elected to terminate a Subscription by you. We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision. Such reasons may include (but not limited to) suspicion of fraud.
5. OUR PRODUCTS
1. The images of Products on our App are for illustrative purposes only. Your Products may differ slightly from those as displayed on our App and food by its nature may vary in colour and size. The packaging of Products may also vary from as shown on our App.
2. You are responsible for opening and inspecting the Products upon delivery and storing them correctly, in accordance with instructions provided to you. You are also responsible for the preparation and cooking of our Products, in accordance with instructions provided to you. We accept no liability for any loss, damage or injury arising as a result of the incorrect storage, preparation or cooking of our Products.
3. Our recipe cards include details of all allergens which may be contained within our Products. However, it is your responsibility for checking our packaging and App to ensure that a Product does not contain a relevant allergen to you. Our Products include ingredients from third party suppliers who are responsible for labelling their ingredients correctly. Whilst we undertake rigorous checks in accordance with our legal obligations prior to using all third-party suppliers, in circumstances where a third party issues a product recall for whatever reason, we accept no liability for any loss, damage or injury caused by an ingredient recall or incorrect labelling.
4. Products are subject to availability and prevailing market conditions. In the event of non-availability of any Products you order, we may offer a reasonable substitute. It is our policy to notify you of any substitute items via email prior to delivery where possible giving you the opportunity to accept or reject the item prior to the point of delivery.
5. We offer our Products at different prices depending on the number of meals selected and we offer various plans. The prices of these plans are dependent on when you first signed up to receive our Products. Please see our App to view the most recent deals and offers.
6. CONTESTS
Calo 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. Any violation of these terms 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.
7. CONSUMER RIGHTS
1. The Products that we provide to you must be as described, fit for purpose and of satisfactory quality. We are under a legal duty to supply Products that are in conformity with our contract with you. If any Product is faulty we will refund the value of the faulty Product to your Account Balance, provided that you can provide us with evidence to show that the relevant Products were not supplied as they should have been. If you think your Products are faulty or misdescribed, please contact us as soon as reasonably possible.
2. As our Products contain fresh and perishable food, you are not entitled to the regular rights of consumers to return goods within 14 days after you receive them simply because you change your mind. There is an exemption pursuant to regulation 28(1)(c) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, that confirms that contracts for the supply of goods are exempt from the right to withdrawal if those goods are liable to deteriorate or expire rapidly. This does not affect your right to cancel your subscription in line with the details set out above.
8. AVAILABILITY AND DELIVERY
1. Calo Products cannot be delivered to a limited number of postcodes, please check the App for further details.
2. Delivery windows stated on our App or via email are estimates, and we do not guarantee delivery within this window or indeed on the delivery day as our deliveries may be affected by events and factors beyond our reasonable control (such as severe adverse weather conditions).
3. If delivery cannot be completed in the applicable delivery window (for any reason), we may (at our discretion) take reasonable steps to attempt redelivery on the same day, and/or deliver in accordance with your verbal and/or written instructions, provided at your own risk to our delivery drivers or customer care agents. Calo will not be liable in any way for any loss or damage suffered as a result of complying with customer delivery instructions. You are obliged to bear all expenses related to any default of acceptance.
4. Delivery will be completed when we, or our authorised courier company, deliver the Products to the address you gave us. If no one is available at your address to take delivery, we, or our authorised courier company, will follow the delivery instructions provided to us by you. If no leave safe instructions are specified, the order will be left in an area that the authorised courier company considers safe.
5. The leave safe location specified by you shall be within the area of the delivery address and shall be accessible to the courier. We will endeavour to follow any delivery instructions you provide but this cannot be guaranteed. We, or the courier company may try to contact you using the contact details provided to us so that delivery can take place.
6. Calo’s obligation to deliver the box shall be fulfilled once the courier delivers the box at the safe spot specified by you or the box is considered safe by us, or the courier. If this is not possible, you will be deemed in default of acceptance and Calo will not attempt a further delivery. You are obliged to bear all expenses related to any default of acceptance.
7. Calo reserves the right to change your delivery date with prior notice. If we have left your Products in your safe place, or another place deemed safe by our driver, and they are stolen or damaged, we do not accept liability, but may offer you a refund or other compensation at our complete discretion.
9. RISK AND TITLE
1. Once the delivery is completed, according to the preceding paragraph (i.e. signed for by a customer, left in a safe spot as specified by the customer or considered safe by authorised courier company, or delivered to a neighbour if no leave safe is provided or available) the risk of any damage or loss of the box will be with the customer. Calo shall not be held liable for any damage, defect or loss which may occur thereafter.
2. You are fully responsible for any damages or losses due to any ambiguity regarding the safe spot specified by you. Calo is not obliged to review the safe spot as to its general suitability.
3. Refusal of the box does not negate the charge for the Services. Calo will not be liable for any losses sustained by you relating to a refusal of delivery by our authorised courier company.
10. PRICE AND PAYMENT
1. The price of the Products and delivery charges will be as quoted on our App when your Subscription is created except for in cases of obvious error. Once a Dispatch Confirmation has been issued in respect of a delivery of Products, we will deduct an amount corresponding to such delivery from your Account Balance.
2. All subsequent deliveries of Products will be at the corresponding cost stated in the App unless a change is made to the Subscription by you e.g. request to change Product type.
3. In all Service Countries Product prices include VAT where applicable.
4. Product prices and delivery charges are liable to change at any time, but the changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
5. Payment for all Subscriptions must be by credit or debit card via the App. We accept payment with Visa and Mastercard, American Express and Apple Pay. Calo will automatically charge alternative payment methods associated with your account if a primary payment method is declined or no longer available.
11. WARRANTIES AND HEALTH CLAIMS
1. We warrant to you that any Product purchased from us through our App will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
2. Calo provides information regarding its Products for informational purposes only. Any weight loss and health results mentioned on the App, whether by Calo or others, are not guaranteed. Your results may vary considerably from those described through the App. You expressly acknowledge that Calo does not make any express or implied claims or guarantees that you will achieve or maintain any specific results through your use of Calo’s subscription service. Calo does not refund any payments or agree to cancel your subscription plan based on your failure to achieve your desired results.
3. Calo 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. Calo 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, Calo 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.
12. OUR LIABILITY
1. Subject to clause 13.2, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
2. Nothing in this agreement excludes or limits our liability for:
- 1) Death or personal injury caused by our negligence;
- 2) Fraud or fraudulent misrepresentation;
- 3) Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
- 4) Defective products under the Consumer Protection Act 1987; or
- 5) Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
13. SUSPENDING AND ENDING OUR SUPPLY OF PRODUCTS
1. We can suspend the supply of Products under a Subscription. We do this in the following situations:
- 1) to deal with technical problems or make minor technical changes;
- 2) to update the Product to reflect changes in relevant laws and regulatory requirements; or
- 3) to make changes to the Product.
2. We can end our Contract with you for a Subscription if:
- 1) you do not, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the Products to you; or
- 2) we reasonably suspect fraudulent or illegal activity on your account.
14. WRITTEN COMMUNICATIONS
1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our App, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our App. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15. NOTICES
1. All notices given by you to us must be addressed to Grocery Delivery E-Services Uk Limited (T/A Calo) at our registered office. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 16 above. Notice will be deemed received and properly served immediately when posted on our App, 24 hours after an email is sent, or two days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
16. TRANSFER OF RIGHTS AND OBLIGATIONS
1. The Contract between you and us is binding on you and us and on our respective successors and assignees.
2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. INTELLECTUAL PROPERTY RIGHTS
1. We are the owner or the licensee of all intellectual property rights in our App, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
2. You may print off one copy, and may download extracts, of any pages from our App for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
3. If you post comments on the Products or Services via the App’s review and rating feature, blog or any social media network (Commentary) you must ensure that such commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorise us to quote from your Commentary on our App and in any advertising or social media outlets which we may create or contribute to.
18. EVENTS OUTSIDE OUR CONTROL
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: 22.2.1 Strikes, lock-outs or other industrial action;
- 1) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- 2) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- 3) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- 4) Impossibility of the use of public or private telecommunications networks;
- 5) The acts, decrees, legislation, regulations or restrictions of any government; and
- 6) Pandemics or epidemics.
3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
19. WAIVER
1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
2. A waiver by us of any default will not constitute a waiver of any subsequent default.
3. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
20. SEVERABILITY
1. If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
21. ENTIRE AGREEMENT
1. These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
2. We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
3. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
4. Nothing in this clause limits or excludes any liability for fraud.
22. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
1. We have the right to revise and amend these terms and conditions (including the Privacy Policy) from time to time without prior notice to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
2. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
23. LAW AND JURISDICTION
1. Contracts for the purchase of Products through our App and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.