Terms of Service

Last Modified: February 7, 2018

 

1.   Acceptance of Terms

These Terms and Conditions and Privacy Policy (hereinafter collectively referred to as "Agreement" or “Terms”) are a legally binding agreement between you either an individual (the “User”, “You”, or “Your”) and Food and Fit Network Inc, a company operating in accordance with the laws of the State of New York and federal laws of United States of America (“My Meal Plan”, “Company”, “We”, “Us”, or “Our”). The Company is the owner and operator of www.mymealplan.com (“Website” or “Site”) and My Meal Plan mobile application (“App”). The Website, Site and App are hereinafter collectively referred to as the “Service”.

 

BY CONTINUING TO USE THE SERVICE YOU REPRESENT AND WARRANT TO THE COMPANY THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND YOU AGREE TO BE BOUND BY THEM. YOU MAY ONLY ENTER INTO THIS AGREEMENT ON BEHALF OF ANOTHER INDIVIDUAL IF YOU  HAVE THE AUTHORITY TO ACT ON THE BEHALF OF THAT INDIVIDUAL AND TO BIND THAT INDIVIDUAL TO THIS AGREEMENT. YOU FURTHER REPRESENT AND WARRANT TO THE COMPANY THAT YOU ARE OF LEGAL AGE IN THE STATE, PROVINCE AND COUNTRY OF YOUR RESIDENCE BEFORE YOU ENTER INTO THIS LEGALLY BINDING AGREEMENT.

WE CANNOT PROVIDE YOU THE SERVICES WITHOUT CERTAIN LIMITATION OF LIABILITY AND DISCLAIMERS AS SET OUT IN THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE PROVISIONS OR ANY OTHER TERMS OF OUR AGREEMENT, PLEASE REFRAIN FROM USING OUR SERVICES.

 

 

2.   Additional Terms

Please note that certain features and functionality on the website may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. In the event of any conflict between these terms and those governing use of a specific feature or service, the latter terms and conditions will take precedence with respect to your use of or access to that area of the website or service.

 

 

3.   Definition

Unless expressly stated otherwise any reference to the following terms shall hold the meaning as defined hereunder:

 

“Users” - refers to all registered Users as well as website visitors. Please note that any reference to Users, You or Your refers to Users as defined here.

 

“Service” - refers to all website features and functionality offered by the Company as defined in more detail in article 5 below.

 

 

4.   MEDICAL DISCLAIMER

YOU UNDERSTAND AND ACCEPT THAT ANY AND ALL MEAL PLANS, RECIPES AND OTHER INFORMATION PROVIDED ON THE WEBSITE AND/OR APP IS PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY. NONE OF THE INFORMATION AVAILABLE  ON THE WEBSITE AND/OR THE APP IS INTENDED TO REPLACE ANY MEDICAL ADVICE, RECOMMENDATION OR  DIAGNOSES BY A MEDICAL DOCTOR OR DIETICIAN. YOU SHOULD ALWAYS CONSULT WITH YOUR DOCTOR ABOUT ANY HEALTH ISSUES OR CONCERNS THAT YOU MAY HAVE AND SEEK MEDICAL APPROVAL BEFORE STARTING ANY NEW DIET.

 

WE DO NOT OFFER ANY GUARANTEES THAT THE RECIPES (INCLUDING ANY INGREDIENTS CONTAINED THEREIN) AVAILABLE THROUGH OUR SITE OR APP ARE FREE OF ALLERGENS. IF YOU BELIEVE YOU HAVE A SPECIFIC FOOD ALLERGY, IT IS SOLELY YOUR RESPONSIBILITY TO REVIEW ALL THE INGREDIENTS OF YOUR CHOSEN MEAL AND AVOID USING ANY INGREDIENT THAT MAY BE HARMFUL TO YOUR HEALTH.

 

ALTHOUGH WE TAKE ALL REASONABLE STEPS TO ENSURE THAT ALL INFORMATION ON THE WEBSITE AND APP IS ACCURATE AND COMPLETE WE ARE UNABLE TO OFFER ANY GUARANTEES AS TO THE ACCURACY OF ANY INFORMATION, INCLUDING NUTRITIONAL INFORMATION FOR ANY MEAL PLANS / RECIPES AND THEIR SUITABILITY FOR YOUR HEALTH.

 

 

5.   Service

My Meal Plan offers an innovative web application that enables Users to easily plan their meals by selecting from a vast range of recipes curated from around the web or by choosing the premium plan that offers goal-oriented meal plans designed by My Meal Plan nutritionists. The application also enables Users to automatically generate their shopping list based on their meal plan and keep track of their meals. Users can start using the Service by simply registering an account at www.mymealplan.com. Users who opt for the free basic plan can view recipes curated by My Meal Plan team from around the web. When Users click on these recipes, they will see a link that redirects them to the site where the recipe originally appeared to see method and ingredients.

 

The meal planner software uses artificial intelligence and proprietary algorithm which learns from user’s meal planning behaviour and over time suggests meal plans based on the User’s likes and dislikes. YOU ARE HEREBY EXPRESSLY WARNED TO REVIEW ALL SUGGESTED MEAL PLANS AND THEIR INGREDIENTS INDEPENDENTLY FOR ANY ALLERGENS AND NOT SOLELY RELY UPON THE ARTIFICIAL INTELLIGENCE TO REVIEW AND PROPOSE MEALS THAT ARE SUITABLE FOR YOU.

 

The Company only provides meal planning and ancillary services such as automated grocery list creation for the convenience of its Users and our responsibility is limited to facilitating the availability of the software service.

 

 

6.   Account Set up and Safety

Our service is access controlled which means that as a requirement to using the Service, Users are required to register for any one of the offered plans at www.mymealplan.com by providing us with the required information. You agree that you will provide us with accurate and current information when registering an account for My Meal Plan. In the event of any material change in your account details, please amend your details immediately by visiting “My Account” page inside the Website or alternatively contacting us at help@mymealplan.com with the words “Account details” in the subject line.

 

Where you provide us with false or outdated information during account registration, we reserve the right to refuse your account registration or terminate your account.

 

Please note that we reserve the right to refuse registration of a User account in our sole discretion without providing any reasons. As with all access controlled software, the system relies upon Users to protect their login credentials. You accept that you are solely responsible and liable for any activity that occurs on your account and agree that you shall be responsible for maintaining the confidentiality of your login credentials when using any Services offered by the Company. You understand that My Meal Plan accounts are personal in nature which use Artificial Intelligence to learn from a User’s meal planning behaviour. Please do not use another User’s account without their express consent. If you become aware of any suspicious activity on your account or if you have a reason to believe that there has been a security breach, please immediately contact us at help@mymealplan.com .

 

 

7.   Subscriptions, Payments, Cancellations and Refunds Policy

My Meal Plan currently offers a free basic plan and a premium annual subscription plans to suit Users unique needs. All our plans and accompanying subscription fees are listed on Our Website at www.mymealplan.com. If you select a paid plan, you will be charged according to your selected plan when you first register and each year thereafter on an automatically recurring basis until you choose to cancel your subscription.

We currently accept payment through secure Stripe payment gateway. We do not hold your credit card or billing information on our records and all financial information is collected and managed by Stripe Inc. By subscribing to our premium plan, you further agree to abide by our payment processor’s terms and conditions. Please review Stripe’s legal policies by clicking here.

Our paid subscription fees is billed annually and we do not offer any partial refunds in the event a User decides to cancel their subscription before the end of the billing cycle.

You may cancel your subscription anytime by accessing your account settings and clicking the “turn the auto renewal off” button. Alternatively you can also contact us via email at help@mymealplan.com with the words “Cancellation” in the subject line. To avoid being billed for the next cycle we advise our Users to cancel their subscription before the end of their current billing cycle. Please take note that once your account has been terminated all your meal plans and related data will not be accessible to you.

In the event we are unable to process your payment to renew your premium plan we will automatically downgrade your account to a free basic account. You can easily upgrade to the premium plan by making the full subscription payment at any time.

The Company reserves the right to terminate a User’s account and/or suspend access to the Service under the following circumstances:

         A User having violated any provisions of this Agreement;

         A User’s conduct is harmful to the Company or any other Users; or

         The Company withdraws the Service for any reason.        

 

Refunds Policy

All subscription payments are deemed to be earned on the day of the upgrade and we do not offer any full or partial refunds to Users who no longer wish to use the Service. Therefore all refund requests are handled on a case by case basis.

Where the Company decides to grant the refund request, such refund will be made via the original payment method used by the User and to the same account. The processing of refund payment may take time, please wait at least 15 days after the refund has been processed for the payment to appear in your account.

 

8.   User Conduct

You understand and agree that:

 

         You will not use the Services for any unlawful or illegal purposes;                

 

         You will only use the Service in accordance with your local applicable laws;

 

         You will not post or upload any content on the website that is in violation of these terms;

 

         You will not post, share or promote any content that is demeaning to a group whether based on race, disability, age, sexual orientation, gender identity or violent, pornographic, sexually explicit, defamatory, suggestive or in any way illegal.             

 

         You will not breach any terms and conditions of Third Party applications, tool or service used by My Meal Plan to deliver the Services to you;

 

         You will immediately notify the Company of any issues that you encounter during your use of the Service;

 

         You will not impersonate another User;

 

         You will not disclose any personal information of another person or in any way violate privacy rights of another;            

 

         You will not post or upload any content that infringes the intellectual property rights of another person or entity;

 

         You will not post any unsolicited, unauthorized, crass advertisement in any public areas of the Website including forums and blogs available on the Site;

 

         You will not use the Service to advertise, list, sell or buy any goods or services without the express written consent of the Company;

 

         You will not modify, adapt, translate, or reverse engineer any portion of the Website and App;

 

         You will not use any robot, spider, site scraping/retrieval application or other automated routine in order to scrape any data/information from any part of the Website;

 

         You will not collect any information about other Users by any means and for any purpose;

 

         You will not reformat or frame any portion of the Website without express written consent of the Company;

 

         You will not post or submit any content or material on the Website or any third-party sites, that falsely express or imply that such content or material is sponsored or endorsed by the Company;

 

         You will not transmit any viruses, defects, trojan horses or other items of a destructive nature;

 

         You will not copy or store any content offered on the Website for other than your own personal use;

 

         You will not take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;

 

         You will not reproduce, distribute, display or make available any data, information or part of the Service to any third-party without the express written consent of an authorized representative of the Company.

 

Any violation of this provision may result in suspension or termination of your user account. The Company reserves the right to prosecute any violations of this provision in its sole discretion.

 

 

9.   Intellectual Property

Unless expressly stated otherwise, all content available on the Website including without limitation, the text, graphics, logos, trademarks, audio, video, interactive features, software and the like (“Company Content”) are owned by and/or licensed to the Company by our licensors or in the public domain and subject to trademark, copyright and other intellectual property laws of United States of America, foreign laws and international conventions. All Company Content is provided to you for your personal and noncommercial use only. Any act of copying, selling, reproducing, republishing, modifying, distributing and creating derivative work of any Company Content without our express written consent or the consent of the content creator will amount to infringement of intellectual property rights.

 

You agree that you will not remove any copyright, trademarks and any proprietary notices from any Company Content that you do not have rights and licences to use. You understand that any use of Company Content on any website, system or application that is not owned and operated by us is strictly prohibited.

 

You have a limited, non-exclusive, non-transferable license to use the Service for your personal and noncommercial use only, in accordance with this Agreement. Any rights not expressly granted in this provision are reserved.

 

 

10.  Digital Millennium Copyright Act (DMCA)

We respect the intellectual property rights of others and do not condone any intellectual property law violation by our Users.

 

If we find that any User has violated a copyright of another person or entity, we reserve the right to immediately terminate such User’s access to our Service and take any other appropriate remedial actions that we in our sole discretion deem fit.

 

If you believe that your copyrighted material or content is posted, uploaded or made accessible through our Service without your authorization, please contact us at the email address provided below with the following information:

 

         Identification of the material or content that is claimed to be infringing your copyrighted works or shared without your authorization;

 

         Your contact information including your name, phone number and email address;

 

         A statement by you setting out that you are either the owner of the copyrighted work or have been authorized by the owner to communicate with us with regard to the copyrighted work.

 

Contact us

Email: help@mymealplan.com

 

 

11.  Third-party content

You understand and agree that the Company makes use of third party services (“third-party applications”) as well as third-party content which is in the public domain on the web when delivering the Services to you (hereinafter referred to as “Third-Party Service Providers”).

 

These Third Party Service Providers have their own terms and conditions and privacy policy that govern the use of such third-party applications and the content that they provide. When you use My Meal Plan Services, you also agree to abide by the Terms and Conditions including but not limited to privacy policies, disclaimers, warranties and limitation of liability of such Third Party Service Providers. You acknowledge and agree that these Third Party Service Providers may change their terms and conditions or discontinue or modify their services at any time without providing any notice to you. Your decision to use these services is entirely at your own risk. You understand that the Company’s use of Third Party Service Providers does not constitute an endorsement or assumption of liability for their conduct. Your use of such Third Party Applications or the content they provide is at your own risk and you hereby release the Company from any and all claims, actions and liability arising from or associated with your use of such Third Party Applications and content.

 

 

12.  Feedback

We appreciate our Users’ feedback, suggestions and ideas (“feedback”). You understand that by submitting your feedback, you represent and warrant to us that you have all the requisite intellectual property rights in such content to be able to grant full legal rights to the Company and you agree to grant all rights in such feedback to the Company. You hereby authorize the Company to use, disclose and/or otherwise exploit any feedback submitted by you, without any restriction or compensation to you. By submitting your feedback, suggestions and ideas to the Company you hereby waive any claims to monetary compensation from the Company or its assigns.

 

Contact us

Email: help@mymealplan.com

 

13.  Maintenance

The Company reserves the right in its sole discretion to deactivate or/and suspend your access to the Website with or without giving any prior notice to you to carry out: system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, as a result of such deactivation or/and suspension.

 

 

14.  Modification

We reserve the right to amend any terms of this Agreement from time to time without giving any prior notice to you to reflect our new practices. We also reserve the right to introduce new paid features and functionality, remove or modify any existing features as well as the right to discontinue the service in our sole discretion. Any amendments to the terms and/or plans / features on the website will be effective from the date we post the updated terms and implement the new features respectively. It is solely your responsibility to review these terms periodically to familiarise yourself of any changes. The Company will not be held liable for any loss or damage suffered by you as a result of your failure to review these terms.

 

 

15.  Disclaimer of Warranties

THE SERVICE AND ALL CONTENT AVAILABLE THROUGH THE SERVICE IS PROVIDED TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OF WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT MAKE ANY REPRESENTATION OR OFFER ANY WARRANTIES AS TO ANY SPECIFIC RESULTS THAT MAY BE ACHIEVED THROUGH THE USE OF OUR SERVICE INCLUDING BUT NOT LIMITED TO ANY  HEALTH GOALS AND/OR MONETARY SAVINGS IN GROCERY BILLS FROM THE USE OF SERVICES.

 

THE COMPANY NEITHER REPRESENTS NOR WARRANTS THAT YOUR ACCESS AND USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, SECURE AND THE ENTIRE RISK FOR PERFORMANCE, ACCURACY AND COMPLETENESS RESTS WITH YOU. THE COMPANY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY.

 

THE COMPANY, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES OR LICENSORS DO NOT ASSUME ANY RESPONSIBILITY FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES. YOU ACCEPT THAT YOUR DECISION TO USE THE SERVICE IS ENTIRELY AT YOUR OWN RISK.

 

 

16.  Limitation of Liabilities

IN NO EVENT SHALL THE COMPANY BE HELD LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR ASSOCIATED WITH THE USE OF THE SERVICE. THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW REGARDLESS OF WHETHER THE DAMAGE AROSE FROM BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU AND IN THAT EVENT THE TOTAL LIABILITY OF THE COMPANY TO YOU FOR ANY DAMAGE OR LOSS SUFFERED SHALL NOT EXCEED THE GREATER OF: FIFTY USD OR THE AMOUNT PAID BY YOU TO THE COMPANY IN THE MONTH WHEN THE DISPUTE FIRST AROSE.

 

 

17.  Indemnity

You agree to release, defend, indemnify, and hold harmless the Company, its founders, affiliates, subsidiaries against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

 

(i) Your use or inability to use the Service,

 

(ii) violation of these Terms by you,

 

(iii) violation of any applicable law by you,

 

(ii) Your gross negligence or willful misconduct

 

The Company reserves the right, at its own expense to assume exclusive defence of any matter otherwise subject to indemnification. You agree that you will not settle any claim without the express written consent of the Company.

 

 

18.  Governing Law

This Agreement and any dispute arising out of or in connection with this Agreement  or its subject matter shall be governed and construed by the laws of the State of New York and federal laws of the United States of America without giving effect to any principles of conflict of laws. You hereby submit to the exclusive jurisdiction of the state or federal courts located in the State of New York to settle any claims and actions arising out of or related to this Agreement.

 

 

19.  Severability

If any provision of this Agreement is found to be invalid or for any reason unenforceable, that provision will only be limited to the minimum extent necessary and the remaining provisions will remain fully enforceable.

 

 

20.  Assignment

The Company reserves the right to assign any of its rights and obligations to any person in its sole discretion without giving any notice to the User. Users shall not assign, transfer or in any other manner transfer any of User’s rights or obligations under these Terms to any third-party, without the express written consent of the Company.

 

 

21.  Notice

Unless expressly stated otherwise, any notice, request, demand or communication to be given by the User to the Company shall be made in writing to the Company representative at help@mymealplan.com . Any notice to be given by the Company to a User shall be made in writing and sent to the email address provided by the User at the time of account registration.

 

 

22.  No Class Actions

Neither the Company nor the User shall bring any action against the other as a class member in any class action. Any claim brought by the Company or the User must be brought in their own individual capacity.

 

 

23.  California Civil Code Section 1542 Waiver

You hereby release My Meal Plan and its directors and employees from all unknown risks arising out of or associated with the use of Services. If you are a resident in the State of California, you expressly waive California Civil Code Section 1542 which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor”.

 

 

24.  Entire Agreement

These Terms and Conditions including the Privacy Policy together constitutes the entire understanding and agreement between you and the Company with respect to the Services offered by the Company.

 

 

25.  Force Majeure

Neither the Company nor the User will be held liable for any failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.

 

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