Gatherings by Mackenthun’s

Terms & Conditions

The online ordering service of Mackenthun’s Fine Foods (“Merchant”) on this website is offered to you through participating stores only. You are able to use the online ordering service to purchase goods online for the purpose of picking up from and/or delivering to specified locations. NoQ, LLC d/b/a eGrowcery is a technology service provider that hosts the online ordering service on behalf of Mackenthun’s Fine Foods. This online grocery ordering website (“Site”) and associated online ordering service (“eGrowcery Service”) is owned and maintained by eGrowcery. Through the Site and eGrowcery Service, the Merchant may advertise, promote and offer its goods and services.

These terms of use (“TOU”) govern your access to and use of the Site and eGrowcery Service.  You should carefully read these TOU.  Your use of the Site means that you have read and understand these TOU and that you have entered into a binding legal agreement with eGrowcery and will be bound by these TOU.  If you do not accept and agree to be bound by all of the terms and conditions of these TOU you should discontinue your use of the Site and eGrowcery Service.  In addition, when using the eGrowcery Service on or through the Site, you shall be subject to any terms or rules applicable to the eGrowcery Service, which are in addition to these TOU.  All such terms or rules are hereby incorporated by reference into these TOU, and if you do not agree with them you should not use the eGrowcery Service.

 1. Privacy Policy. In hosting this Site and the eGrowcery Service, eGrowcery collects and handles personal information. Our privacy policy (“Privacy Policy”) provides further information about the purposes for which information is collected, and you can gain access to the information we hold about you. The Privacy Policy contained on the Site is incorporated in these TOU by reference, but these TOU shall govern any conflict or inconsistency with such Privacy Policy.  If you are under the age of 18, you should discontinue your use of the Site and eGrowcery Services.

2. Registration and Operation.

2.1 You acknowledge and agree that to use some areas and functionality of the Site and eGrowcery Service you must register and provide all information required by eGrowcery during the registration process (“User Information”). By registering and providing the User Information, you warrant that: • you will provide up-to-date, complete, current and accurate information and will continually update all User Information as required; • you will keep the registration details, including username(s) and password(s), secure and confidential; and • the User Information is not misleading, false, fraudulent or defamatory and does not infringe the intellectual property rights of any third party.

2.2 Once you have become an authenticated user, you will create one or more personal, non-transferable passwords. You are and will be responsible for maintaining the confidentiality of that password, for all activities conducted on and with the Site and eGrowcery Service that make use of that password, and for any charges or fees incurred by the use of that password, including any use you may subsequently contend was not unauthorized by you.

2.3 Should eGrowcery suspect that such information is untrue, inaccurate, not current or incomplete, eGrowcery has the right to suspend or terminate your usage of the Site and eGrowcery Service. eGrowcery is entitled to rely on the information you provide, and you will be responsible for updating this information to maintain it as current.  Accounts are non-transferable and cannot be shared or used by more than one individual or entity.

3. License.  Subject to these TOU, eGrowcery and its licensors grant to you a personal, non-exclusive, non-transferable license to: (a) access, view, print and use certain text, images, photographs, documents, information and other materials contained or displayed in or made available through the Site (collectively, “Materials”); (b) access and use the eGrowcery Service; and (c) use the tools and software on the Site (collectively, “Software”); solely for your own personal and non-commercial use.  In these TOU, all references to the “Site” shall be deemed to include all “Software” and “Materials” and the “eGrowcery Services,” unless otherwise expressly indicated.  All rights not expressly granted by eGrowcery to you are retained by eGrowcery, and you may not use the Site and/or any element of the Site in any manner or for any purpose not expressly authorized by these TOU.  The rights granted to you do not include, and are not applicable to, the design or layout of the Site, which are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

 4. Restrictions; Removal.  You shall not:  (a) remove or destroy any proprietary marks or legends on or in the Site; (b) modify, enhance, adapt, translate, or create derivative works of the Site; (c) republish, post, transmit, transfer, distribute, assign, sublicense, rent, lease or sell the Site; (d) decompile, disassemble or reverse engineer the Site; (e) reproduce or make copies of the Site; (f) “frame” or “mirror” the Site on any other server or Internet-based device; and/or (g) access, view, download, print, use and/or display the Site for any commercial or other money-making purpose.  You acknowledge that certain elements of the Site are, or may in the future be, licensed to eGrowcery by third parties and that the availability of such elements may cease automatically, without notice or liability on the part of eGrowcery.

5. Amendments to Site, TOU and Privacy Policy.  eGrowcery reserves the right to change the features and functionality of the Site (including the eGrowcery Service), terms and conditions of these TOU, the Privacy Policy and/or any of its other policies relating to the Site, at any time in its sole discretion.  eGrowcery shall notify you of such changes by posting the changes on the Site.  You are responsible for regularly reviewing the Site and these TOU regarding such changes. Continued use of the Site after any such changes have been posted shall constitute your agreement to them.

6. Account Information and Data.    

6.1 eGrowcery does not own any personal data or information that you submit to be used by eGrowcery to provide any eGrowcery Services (“Data”), unless eGrowcery specifically tells you otherwise before you submit it.  However, you acknowledge and agree that various individuals and entities may have overlapping rights in and to your Data.  As such, eGrowcery has and shall retain all rights, title and interests, including all intellectual property rights, in and to all Data and related databases residing on eGrowcery’s servers, including all of your Data which is stored in a form that is not identifiable as yours.  You understand and agree that eGrowcery may use and disclose your Data in accordance with the Privacy Policy, referenced above including to (a) customize any promotional or advertising material made available on the eGrowcery Service, (b) contact you with information regarding the eGrowcery Service, and/or (c) monitor your use of the eGrowcery Service.

6.2 eGrowcery will not monitor, edit, or disclose any personally identifiable information regarding you or your account, including any Data, without your prior permission except in accordance with these TOU and the Privacy Policy.  Please be aware that eGrowcery does provide certain user registration and statistical information such as usage or user traffic patterns in aggregate form to third parties, but such information will not include personal information identifiable as yours. eGrowcery may access your account, including its Data, to respond to Service or technical problems or as stated in these TOU.

6.3 You, not eGrowcery, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data, and eGrowcery shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data, or for any actions or omissions which eGrowcery takes in reliance upon your Data.

 7. Ownership.  eGrowcery and/or its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the Site, and all elements thereof.  Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the Site, or any element thereof.   

8. Marks and Logos.  All names, marks, symbols and logos used in connection with the Site are trademarks of eGrowcery or other third parties (the “Marks”).  eGrowcery grants you no license, permission or authorization to reproduce or use any Marks, whether owned by eGrowcery or a third party.  You agree not to display, copy, redistribute or use any Marks in any manner for any reason without eGrowcery’s prior express written consent.

9. Third Party Services.

9.1 In your use of the Site, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of the Merchant showing its products and/or services through the Site.  Any such activity, and any terms, conditions, warranties or representations associated with such activity, are solely between you and the Merchant. eGrowcery is not the supplier of any of the goods or services offered through the Site.  eGrowcery does not participate in or moderate any transactions or disputes between you and the Merchant. eGrowcery shall have no liability, obligation or responsibility for any such correspondence, transaction, exchange, purchase, sale, promotion or other activity conducted between you and the Merchant.

9.2 The Merchant is entirely responsible for all goods and services offered via the Site. Because eGrowcery is not and cannot be a party in your communications, interactions and/or transactions with the Merchant on or through the Site, in the event that you have a dispute with the Merchant, you acknowledge that your sole and exclusive remedy is against the Merchant.

9.3 Representations about goods and services are based on information and material provided to eGrowcery by the Merchant. For the avoidance of doubt, you acknowledge that eGrowcery takes no responsibility whatsoever nor makes any representations, either express or implied, as to quality, accuracy, reliability or credibility of information or material supplied or made available by third parties, including the Merchant, on the eGrowcery Service.

9.4 All disputes relating to any offered goods and services must be directed to the Merchant and you hereby release and hold eGrowcery, its subsidiaries, affiliates, officers, directors, agents and employees harmless from any and all claims, demands, suits, liability, loss, expenses, fees (including attorneys’ fees), judgments, penalties, fines and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

9.5 Any dispute between you and the Merchant must be resolved by you and the Merchant. eGrowcery is under no obligation to resolve or assist you in resolving a dispute with the Merchant. For the avoidance of doubt:

• eGrowcery does not provide food or beverages, and is not a seller of food or beverages (including liquor). It is in the discretion of the Merchant to offer food and beverages for sale which may be purchased through use of the Site; and
• eGrowcery is not an agent, partner or joint venturer of the Merchant.

9.6 eGrowcery may offer information and a method to obtain the details of the products or services for sale from the Merchant, and will not and does not intend to provide or make a representation in respect of the quality or availability of such products or services or act in any way as a seller of food or beverages, and has no responsibility or liability for any products or services provided to you by the Merchant or any other third parties.

10. Third Party Sites and Materials.

10.1 Please exercise discretion while browsing the Internet using the Site. You should be aware that when you are on the Site, you could be directed to other sites that are beyond eGrowcery’s control. There may be links to other sites from these pages that take you outside of eGrowcery’s Site.  This may include links from advertisers, sponsors and content partners. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, any advertisers on the Site may send cookies to users that eGrowcery does not control. eGrowcery reserves the right to disable any links from third party sites to the Site at any time in its sole discretion.

10.2 eGrowcery is not affiliated with, nor does eGrowcery endorse or sponsor, any sites on the Internet that are linked through or to the Site. eGrowcery provides any such links to you only as a matter of convenience, and in no event shall eGrowcery be responsible or liable for any information, content, products, services or other materials on or available from or through such sites.  eGrowcery explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. eGrowcery has not taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites or content. eGrowcery does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against eGrowcery with respect to such sites and third party content. eGrowcery strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

11. Your Additional Responsibilities.  You are solely responsible for any and all activities that occur under your account including inputting, maintaining, and managing accurate information and ensuring that you exit or log-off from your account at the end of each session of use. You shall notify eGrowcery immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. You shall also use your best efforts to stop immediately any copying or distribution of the Site that is known or suspected by you. eGrowcery shall not be responsible for any unauthorized access to, or alteration of, your transmissions or Data, any material, information or data sent or received, regardless of whether the data is actually received by eGrowcery, or any transactions entered into through the Service or failure to abide by these TOU.

12. Compliance with Laws; Prohibited Activities.  You agree to abide by all applicable local, state, and federal laws, regulations, statutes, rules and ordinances, in connection with your use of the Site.  Without limiting the foregoing, you shall not use the Site to:
(a) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
(b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses;
(c) transmit or post unlawful, harassing, bigoted, racist, hateful, libelous, abusive, tortious, defamatory, threatening, harmful, invasive of another’s privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way;
(d) transmit or post any material that may infringe the intellectual property rights or other rights of third parties, including trademark, trade secret, copyright or right of publicity;
(e) transmit or post any material that contains software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs and cancelbots;
(f) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks;
(g) attempt to gain unauthorized access to the Site or computer systems or networks connected to the Site through password mining or any other means;
(h) harass or interfere with another user’s use and enjoyment of the Site; or
(i) transmit or post, or promote the transmission or posting of, an illegal or unauthorized copy of another person’s work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated content or links to pirated content files.

In addition, you agree not to use any device, software, or routine, including but not limited to any viruses, worms, time bombs, to interfere or attempt to interfere with the proper working of the Site or any eGrowcery Service, or to intercept any system, data or personal information from the Site, nor will you take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure.

13. Indemnification.  You shall indemnify, defend and hold eGrowcery, its licensors and information providers, and each such party’s parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, actions, proceedings, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with your:
(a) access to and/or use of the Site;
(b) Data and other information provided to eGrowcery;
(c) breach of these TOU; and/or
(d) violation of any applicable law or right of a third party.

14. Disclaimer of Warranties.

14.1 You acknowledge that: the site could include technical or other mistakes, inaccuracies or typographical errors; The site may become inoperable or otherwise unavailable for periods of time; Materials and/or services at the site may be or become out of date and eGrowcery makes no commitment to update such materials or services. eGrowcery assumes no responsibility for errors or omissions in the information, documents, software, materials and/or services which are referenced by or linked to this site. References to third parties, their services and products are provided “as is” without warranty of any kind, either express or implied.

14.2 Your use of this site is at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities. No advice or information obtained by you from eGrowcery, or through or from the site, shall create any representation or warranty by eGrowcery.

14.3 The site is provided to you on an “as is” basis, without any representation or warranty of any kind or nature. Without limiting the foregoing, neither eGrowcery, its licensors nor any content providers make any representation, warranty or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the site, or that the use of the site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, systems or data.

14.4 All other conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by eGrowcery, its licensors and content providers.

14.5 You acknowledge that to the extent permitted by law, eGrowcery does not accept liability for any errors, omissions, expenses, losses or damages caused by your access or inability to access and/or use the eGrowcery service, representations made by the merchant through the eGrowcery service (including where inaccurate information or material has been provided), your dealings with the merchant arising from any use of the eGrowcery service and/or any failure in the networks or servers used to provide the eGrowcery service (including breach of security or integrity in connection with the eGrowcery service).

15. Limitation of Liability and Actions.  Regardless of the form of action or theory of recovery, in no event shall eGrowcery, its licensors or content providers be liable or responsible to you in connection with the site, or your use thereof, for any:
(a) indirect, consequential, incidental, special, punitive or exemplary damages, even if they are aware of the possibility of such damages;
(b) Lost profits, lost revenue, loss of data, lost expectancy, business interruptions and/or benefit of the bargain damages; and/or
(c) direct damages in an amount greater than $500.00.
Any claim related to the site must be initiated within one (1) year of the date you knew, or reasonably should have known, of the existence of such claim against eGrowcery. For avoidance of doubt, direct damages do not extend to goods or services supplied by the merchant.

16. Export.

16.1 eGrowcery controls and operates the Site from its locations in the United States of America and Australia. The eGrowcery Service is only available to users located in Australia and the United States. eGrowcery makes no representation that the Site is appropriate or available for use in other locations.  Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  You are expressly prohibited from using or accessing the Site from any location in which the Site and/or any Software, Materials and/or eGrowcery Service would violate any law within of that jurisdiction.  Any diversion of the Software, Materials and/or eGrowcery Service contrary to Australia and United States law is prohibited.

16.2 Software from the Site may further be subject to United States export controls. No Software from the Site may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

17. Term and Termination.

17.1 These TOU, and your right to access and use the Site, are effective until terminated by either you or eGrowcery.  You may terminate these TOU at any time by discontinuing use of the Site and destroying all materials obtained from or through the Site, and all related documentation and all copies and installations thereof, whether made under these TOU or otherwise.

17.2 These TOU, and your access to and/or use of the Site, may be terminated by eGrowcery immediately without notice to you for any reason including, but not limited to, if in eGrowcery’s sole discretion you fail to comply with any term or provision of these TOU, provide false, inaccurate or misleading information, commit fraudulent acts, transmit any computer virus or malicious code, allow anyone else to have or use your payment methods or password details, or tamper, hack, modify, or otherwise corrupt the security or functionality of the eGrowcery Service.  Upon termination, you must destroy all materials obtained from or through the Site, and all related documentation and all copies and installations thereof, whether made under these TOU or otherwise.

17.3 Subject to the terms of these TOU, all provisions of these TOU relating to ownership, limitations of liability, confidentiality, indemnification and other provisions which by their nature survive termination of these TOU shall survive termination of these TOU.

18. Michigan Law and Jurisdiction.  In order to ensure consistency in the interpretation and enforcement of these TOU and eGrowcery’s rights in the Site, these TOU will be governed exclusively by Michigan law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction.  You expressly agree that any litigation arising between you and eGrowcery related, in any way, to the Site and/or these TOU, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained only in the U.S. District Court for the Eastern District of Michigan, Southern Division, and/or the Circuit Court of the County of Washtenaw, Michigan.  You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.

19. Notice and Procedure for Making Claims of Copyright Infringement.

19.1 If you have a comment, dispute or complaint about the eGrowcery Service or believe your account may be subject to an unlawful transaction, account takeover or other type of fraudulent activity, you must contact eGrowcery immediately. You can notify eGrowcery about your account or eGrowcery Services as follows: Mail: eGrowcery, 912 N. Main Street, Suite 200, Ann Arbor, MI 48104.

19.2 eGrowcery may give notice to eGrowcery’s users by means of a general notice on this Site, electronic mail to a user’s e-mail address on eGrowcery’s records, or by written communication sent by first-class mail to a user’s address on eGrowcery’s records.

20. Severability.  If any provision of these TOU is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these TOU shall remain in full force and effect.

21. Waiver.  The failure of eGrowcery to enforce any right or provision in these TOU shall not constitute a waiver of such right or provision unless acknowledged and agreed to by eGrowcery in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy.  In addition, no waiver of a party’s right or remedy will affect the other provisions of these TOU.

22. Relationship.  The relationship between you and eGrowcery is that of independent contractor. No joint venture, partnership, employment, or agency relationship exists between you and eGrowcery as a result of these TOU or your access to the Site.  Neither party has the authority to create any obligations for the other, or to bind the other to any representation, statement or document. 

23. Cancellation Policy

In order to provide exceptional service and manage resources effectively, we require a minimum of 24 hours’ notice for any cancellations of food orders.

How to Cancel: To cancel an order, please contact the customer service desk at the location where you placed your order:

• Lonsdale: 507-744-3400
• Minnetrista: 952-677-8705
• Waconia: 952-442-5760

Cancellation Terms and Refunds:

• Cancellations made 4 or more days before the event: Full refund.
• Cancellations made 3 days before the event: 25% cancellation fee.
• Cancellations made 2 days before the event: 50% cancellation fee.
• Cancellations made within 24 hours of the event: Non-refundable.

Please Note: This policy is subject to change at any time and is at the discretion of our management.

Thank you for your understanding and cooperation.