Terms of Service
Last updated: August 23rd, 2021
MenuAid is a subscription service that provides users with a weekly meal plan, complete with recipes, nutritional information and a list of ingredients that can either be self shopped, collected or delivered from your favourite supermarkets.
Acceptance of Terms of Service
These Terms of Service are entered into between you and Menu Aid Limited. ("MenuAid", "we", "us" or "our"). These Terms of Service, together with any documents incorporated by reference (collectively, “Terms” or “Agreement”) govern your access to and use of the MenuAid website www.menuaid.co.nz and mobile application including any content, functionality, subscriptions and services offered on or through the Site (collectively, referred to as “Services”). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING AND USING OUR SITE OR ANY SERVICES.
By using the Site, you represent that you are of legal age to form a binding contract with MenuAid and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site. We always welcome your feedback. If you have any questions about these Terms, please email us at email@example.com
Changes to the Terms of Service
MenuAid may change or modify these Terms at any time at our sole discretion. When we make a change or modification to the Terms, we will post the current Terms on the Site. The changes take effect when we post the Terms on the Site and shall apply to all access and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page when you access the Site so you are aware of any changes, as they are binding on you. The date of the most recent update will be indicated.
1. Accessing the Site; Location
By accessing and using our Site, you agree to these Terms. This Agreement defines your rights and responsibilities as a user ("User") of the Site.
MenuAid is based in Christchurch, New Zealand. Registration as a User of the Site results in your personal information being stored and processed in New Zealand. We provide this Site for use only by people located in New Zealand. We make no claims that the Site or any of its Content is accessible or appropriate outside of New Zealand. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside New Zealand, you do so on your own initiative and are responsible for compliance with local laws.
2. Use of the Services; Intellectual Property
The Site and its entire contents, features and functionality (including information, text, software, scripts, graphics, pictures, data, images, displays, videos, design user-generated information, editorial and other content) (collectively, the “Content”) are owned by MenuAid, its licensors or other providers of such Content. We strive to ensure that all Content on the Site or provided in connection with the Services is complete and accurate. Despite our efforts, the Content may occasionally be incomplete or contain errors.
2.1 Permitted Use
These Terms permit you to access and use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content on the Site, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not access or use for any commercial purposes any part of the Site or any Services or Content accessed or available through the Site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of any Content made by you. No right, title or interest in or to the Site or any Content is transferred to you, and all rights not expressly granted are reserved by MenuAid. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
The trademarks, service marks, trade names, designs, logos and slogans on the Site are trademarks of MenuAid or the respective owners. You must not use such marks without the prior written permission of MenuAid or the respective owner.
2.2 Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these. You agree not to use the Site (a) in any way that violates any local, or other applicable law or regulation or (b) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm MenuAid or Users of the Site, or expose them to liability. Additionally, you agree not to:
Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site.
Use any robot, spider, or other automatic devices, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
Use any manual process to monitor or copy any of the material or other Content on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Site.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise, attempt to interfere with the proper working of the Site.
3. Subscription Terms, Fees and Payments
MenuAid is a fee-based subscription service offered at varying subscription durations. When you sign up for a subscription, you are committed to the term that you have chosen. Users of the Site may be unregistered Users, registered Users or paying subscribers ("Subscribers").
User and Subscriber Requirements. You must be 16 years or older to subscribe to any Services and provide MenuAid with accurate and complete registration information. Failure to comply with either of these requirements will constitute a breach of this Agreement.
During registration, you will create an account using your email address and password that will be used to authenticate your ongoing access to the Services.
You will not:
Use the name of another person with the intent to impersonate them
Use a name that MenuAid, in our sole discretion, deems inappropriate
Use the rights of another person
You are responsible for the use of your account and you must make your best effort to keep your password secure. You should not share your password with others. If you believe your account has been compromised, you must immediately notify MenuAid of the suspected breach by emailing firstname.lastname@example.org
For a Single Household. The Content provided through your subscription is intended for your personal use and should not be shared with others outside of your household apart from the approved sharing features of the Service.
Access to Meal Plans and Content. You must have an active account to have access to the Content. Once your subscription expires, you will no longer have access to current or previous meal plans or other Content on the Site until such time as your account is either reactivated or renewed.
Termination of your Account. If MenuAid, in its sole opinion, believes that you are acting in a spirit inconsistent with this Agreement or have breached the Agreement, we may terminate your account. In such a case, you are not eligible for a refund. We also reserve the right to terminate your subscription for any reason even if the reason does not cause a breach of this Agreement. In such a case, we will refund any remaining unused portion of your subscription. The refund will be your sole and exclusive remedy to such a termination.
Prices Subject to Change. MenuAid may change our base subscription prices at any time. However, with the exception of any discount from coupon codes or promotional offers, the price for any renewal will be at the same base price that you were originally charged when you subscribed—unless we notify you otherwise. Should your base subscription price change, we will notify you by email and give you a time period of at least two weeks to opt-out of the renewal if you do not want to continue your subscription at the new price.
Grocery Delivery Partners. MenuAid enables the grocery shopping lists associated with our meal plans to be delivered by various third-party grocery delivery and pickup partners (“Grocery Delivery Partners”). However, MenuAid does not deliver groceries and any terms related to the delivery of groceries are between the user and the Grocery Delivery Partners.
3.1 Purchasing Directly from the Site
Payments. The payment options and fees will be displayed on the Site at the time the subscription is offered. The terms applying to that subscription are incorporated into this Agreement. Prices for all Subscriptions exclude all applicable taxes unless stated otherwise and are in the form of New Zealand Dollars. To the extent that the law allows, you are responsible for any applicable taxes, whether or not they are listed on the Site.
MenuAid uses a designated third-party PCI compliant payment platform to store credit and debit card information and process transactions for your Subscription. You are responsible for all transactions processed through the Service. MenuAid is not liable for any loss or damage from errant or invalid transactions processed through the third-party payment platform.
Initial Purchase. Charges are processed immediately during checkout in accordance with the details displayed to you during the checkout process. When signing up for a free trial, your card information will be collected upon activation and will be automatically charged at the end of the free trial period. There is no further action required by you if you would like to continue to subscribe to the meal plan.
Automatic Renewal. All of our meal plan subscriptions renew automatically at the end of their term. Once you sign up for a trial or become a Subscriber, your subscriptions will be automatically renewed and your credit card will be charged at the end of your term. Your subscription will be renewed based on the term you selected when initially setting up the subscription—unless you choose to opt-out or cancel your subscription as described below. The renewal of subscriptions takes place according to the Terms in place on the date of the renewal. If a free trial, promotion, or other offers were made available at the time of purchase, be sure to take note of any rules, conditions, cancellation dates or price changes that may take effect when the promotional or free trial period ends.
Retrying Transactions that Fail. In the event that a subscription charge is unsuccessful, MenuAid may retry charges to your credit card for up to 60 days. MenuAid may also opt to automatically put you on a payment plan that splits your subscription charges into equal monthly payments. In this case, the sum of the payments in the payment plan will not exceed your original subscription charges. While on a payment plan, you may still cancel at any time and are not liable for the remaining payments should you choose to cancel.
Valid Credit Card. It is your responsibility to ensure that MenuAid has valid credit card information for your account. MenuAid may also use third-party services to retrieve updated credit card information for your account.
Cancellation and Opting Out of Trial or Renewal. You may cancel your trial or opt-out of your next renewal by contacting our Customer Success department at email@example.com. You may not cancel your trial or opt-out of your renewal through our live chat feature. To avoid the processing of a renewal payment, you must opt-out at least two business days prior to your subscription renewal date. You may cancel a free trial during the free trial period and incur no charge. When cancelling a free trial or opting out of renewal, you may continue to use the subscription until the end of the current subscription or the free-trial period.
Refunds. Subscriptions that are cancelled during a free trial period will not incur any payment obligation. Subscriptions cancelled after the trial period will not receive a refund of any subscription payments.
Other Terms. Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms.
3.2 Purchasing from a Third-Party Partner
MenuAid may make subscriptions available through third-party applications and websites (“Third-Party Offering”). If you purchase your MenuAid subscription through a Third-Party Offering you are bound by the payment, cancellation, renewal and refund terms of that particular Third-Party Offering and the terms in Section 3.1 do not apply. These terms will be disclosed by the Partner when purchasing a Third-Party Offering.
4. Communication Between You and MenuAid
We will generally contact you to let you know about changes to our Services and the products related to our Services. You may opt-out of our email communications by following the unsubscribe instructions located within the email communications. You agree that any disclosure, notice, agreement, or other communication that we send to you electronically will satisfy any legal requirement, including that such communication be in writing.
5. Content Submissions
By submitting recipes, photographs, ratings or reviews (“User Contribution”), you grant MenuAid an irrevocable, non-exclusive, perpetual, worldwide, royalty-free right and license to use, display, modify, reproduce, publish, distribute in any manner existing now or to be developed in the future without compensation of any kind to you or any third party. By submitting any User Contributions, you represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not MenuAid, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other User of the Site.
MenuAid reserves the right to delete or refuse to post, at our sole discretion, any submitted content for any reason.
MenuAid does not allow submitted items that contain:
Copyright materials for which the person submitting does not have the authority to provide a release of the copyright
Any content that infringes on the intellectual property rights of a third party
Obscene, profane, or pornographic content
Personal attacks on others such as slanderous, defamatory, threatening or harassing content
MenuAid may monitor content submitted, but we cannot be responsible for the submissions of third parties. If you see something that you believe violates these Terms or spirit of our Services, please let us know by contacting the Customer Experience team.
6. Dietary Restrictions & Preferences
MenuAid is committed to providing simple, balanced meals to help individuals make healthy choices in consultation with their personal physician.
MenuAid does not:
Guarantee the accuracy, completeness, or usefulness of any nutritional information in the food database
Adopt, endorse, or accept responsibility for the accuracy, completeness or usefulness of any nutritional information
Under no circumstances will MenuAid be responsible for any loss or damage resulting from your reliance on nutritional information and for ensuring that the food you and the members of your household prepare or consume are in accordance with your specific dietary needs and restrictions. You should always seek the advice of a physician or Registered Dietician for your own specific conditions or dietary needs. MenuAid will not be liable for any health issues resulting from the consumption of ingredients to which you or a member of your household is allergic or that is harmful to you in any way.
7. Disclaimer of Warranties
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, YOUR USE OF THE SITE, THE CONTENT AND ANY SERVICES OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, CONTENT AND ANY SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MENUAID NOR ANY PERSON ASSOCIATED WITH MENUAID MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, CONTENT OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER MENUAID NOR ANYONE ASSOCIATED WITH MENUAID REPRESENTS OR WARRANTS THAT THE SITE, CONTENT, OR ANY SERVICES OR OTHER ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR CONTENT OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, MENUAID HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
8. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MENUAID, ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, OR ANY CONTENT OR SERVICES INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless MenuAid, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s Content and Services, other than as expressly authorized in these Terms, or your use of any information or Content obtained from the Site.
10. Governing Law
The Site is operated from New Zealand. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of New Zealand.
11. Dispute Resolution; Binding Arbitration
If a dispute arises between you and MenuAid, our goal is to provide you a neutral and cost-effective way to resolve the dispute quickly. You agree to first contact the MenuAid Customer Service team by phone or email via the contact information below to describe the problem and seek a resolution. If that does not resolve the issue, then, except as otherwise provided in these Terms, you and MenuAid agree that any dispute or claim relating to these Terms or your access or use of the Site or Services will be resolved through binding arbitration, rather than in court; provided, however, that you may assert claims in small claims court if your claims qualify.
MenuAid reserves the right to assign or transfer our rights and obligations under this Agreement. These Terms are personal to you and, as a result, you may not, without the written consent of MenuAid, assign or transfer any of your rights and obligations under this Agreement. There will be no third-party beneficiaries to this Agreement.
13. Waiver and Severability
No waiver by MenuAid of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MenuAid to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
14. Complete Agreement
15. Copyright Complaints
MenuAid respects the intellectual property rights of others and requires that users of our Site and Services do the same. NZ copyright law does not protect recipes that include only listings of ingredients. However, Copyright protection may extend to a description, explanation, or illustration that accompanies a recipe or formula or to a combination of recipes such as in a cookbook. Should you have a copyright complaint, please contact our Customer Service team, as provided below.
16. Contacting MenuAid
For questions or comments regarding these Terms, please contact the MenuAid Customer Service team by email at firstname.lastname@example.org