Last updated December 2020
Welcome to My Meal Solution!
- My Meal Solution is a subscription platform where you can track your meals and nutritional intake (Nutrition Tracking) as well as search for delicious and healthy recipes from our recipe directory. You can also work with a coach who will support you (Coach) by providing you with meal plans (Meal Plans).
- These terms govern your use of and apply to both the mobile version and the web version of the My Meal Solution application (App), the services set out above, as well as any other associated services we offer (collectively, the Services). The mobile version of the App is available on the Apple iOS Store and the Google Play Store. The web version of the App can be found at[www.mymealsolution.com. Some clauses may not apply to the web version of the App.
- By using the Services, you agree to be bound by these terms which form a binding contractual agreement between you and us, Elise Marie Constable (ABN 47 426 066 818) trading as My Meal Solution (we, us or our).
- By using the Services or otherwise engaging with the content on the Services, you represent and warrant that you:
- are at least 18 years old, have the legal capacity to enter into a binding legal agreement with us and you agree to be bound by these terms; and
- are the parent or legal guardian of a person under the age of 18 who intends to use the Services, and you agree to be bound by these terms on that person’s behalf.
- Capitalised words and phrases used in these terms:
- have the meaning given by the words immediately preceding any bolded and bracketed word(s) or phrase(s); or
- are otherwise defined.
- REGISTERING FOR AN ACCOUNT
- When registering for an Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.
- You may not share your Account with another person or transfer your Account to another person.
- ACCOUNT SECURITY
- You agree that you’re solely responsible for:
- maintaining the confidentiality and security of your Account information and your password; and
- any activities and those of any third party that occur through your Account, whether those activities have been authorised by you or not.
- You also agree to let us know if you detect any unusual activity on your Account as soon as you become aware of it.
- We won’t be responsible to you for, and exclude any liability for damages or loss (including consequential loss) arising from or in connection to a failure by you to maintain the security of your Account information or your password.
- You agree that you’re solely responsible for:
- REGISTERING FOR AN ACCOUNT
- NUTRITION TRACKING
- Nutrition Tracking is done via your meal diary (Meal Diary). By adding or removing food from your Meal Diary, your Food Dairy will automatically update your daily nutrition levels based on what you’ve included in your Food Dairy.
- You can add food from our recipe directory as well as add your own food whether that’s by adding the nutritional information for your food directly or by selecting any pre-created food selections from the included database on the App (Food Database).
- COACHES AND MEAL PLANS
- Coaches and Meal Plans are only available for certain Subscription Tiers.
- If your Subscription Tier includes a Coach, you will be assigned a Coach and a time and day you will need to check in each week with your Coach (Check In Day). You can check in with your Coach by competing the check in questions via the App (Check In).
- Once you are assigned a Coach, your Coach will create a Meal Plan for you based on the information you provide on the questionnaire. After each Check In, your Coach will then update your Meal Plan (if required) according to the information you provide in your Check In.
- Please ensure to Check In by the Check In Day. If you are not able to Check In by the Check In Day, please notify your Coach at least 12 hours before your Check In Day. If you notify your Coach at least 12 hours before your Check In Day, we may, at our discretion, provide you with an alternative Check In time and day for that Check In only.
- If you do not Check In by the time and date of your Check In Day you will not be able to check in at a later time or date. You will be provided with a new Meal Plan, however your Coach will not be able to update and adjust your Meal Plan with any of your preferences or adjust your intake to optimise your results until your next Check In Day .
- Meal Plans provided by your Coach will be automatically loaded onto your Meal Diary.
- Although we will use our reasonable efforts to ensure you work with the same Coach, we cannot and do not guarantee that you will continue to have the same Coach and you may be assigned a number of different Coaches. All Coaches however will have access to your information and your progress.
- NUTRITION TRACKING
- NUTRITIONAL INFORMATION
All nutritional information from the Food Database is from publicly available information. We do not undertake our own analysis of nutrition for any of the foods listed on our Food Database. Although we use our best efforts to ensure any information on the Food Database is accurate and complete, we do not and cannot guarantee that any such information on the Food Database is true, accurate or complete.
- NOT MEDICAL OR PROFESSIONAL ADVICE
You acknowledge and agree that, by receiving the Services, we (including the Coach) are not providing any medical or professional advice. Any information or materials (including information from the Food Database and the Meal Plans) provided by us (including the Coach) as part of the Services:
- is not intended to be a substitute of medical or professional health advice and should not be relied on as such; and
- is information only, based on (as relevant) our or the Coach’s personal opinion, knowledge and experience.
We do not guarantee any particular outcomes, or any outcomes at all, as a result of the Services.
- You acknowledge and agree that you are receiving the Services and using information from the Services (including information including information from the Food Database and the Meal Plans) at your own risk and any decision you make, and the consequences that flow from such decisions are your sole responsibility.
- We won’t be responsible to you for, and exclude any liability for damages, loss (including consequential loss) or personal injury arising from or in connection to you relying on or using any information from the Services.
- Subscription Tier
- SELECTING A SUBSCRIPTION TIER
- Our Services are only available on a paid subscription basis. During the Account registration process, you will need to select a subscription tier (Subscription Tier) for your Account. The Services available to you will be different depending on the Subscription Tier you select. You will also need to pay a subscription fee (Subscription Fee).
- The associated Services available for a Subscription Tier and the amount of the Subscription Fees for a Subscription Tier will be set out on the App.
- SUBSCRIPTION TERM AND AUTOMATIC RENEWAL
- Depending on your selected Subscription Tier, your subscription may have a free trial period, minimum subscription term (Minimum Subscription Term) and an option to subscribe on a week by week, month by month or annual basis (Subscription Period).
- Your subscription will start, (if applicable) following the free trial period and run (if applicable) for the Minimum Subscription Term then automatically renew for your selected Subscription Period and continue to automatically renew for your selected Subscription Period at the end of each Subscription Period unless you cancel your subscription.
- UPGRADE AND DOWNGRADES
- You may upgrade or downgrade your Subscription Tier.
- If you upgrade your Subscription Tier, we will apply the new, relevant Subscription Fees, on a pro-rata basis immediately from the date on which you upgraded your Subscription Tier, and you will be charged at the new Subscription Fee.
- If you downgrade your Subscription Tier, we will downgrade your Subscription Tier at the end of your (as relevant) Minimum Subscription Term or current Subscription Period and you will not be able to access any Services associated with your current Subscription Tier after your Subscription Tier is downgraded.
- If you choose to downgrade your Subscription Tier, you acknowledge and agree that we won’t be responsible to you for, and exclude any liability for damages, loss (including consequential loss) or personal injury arising from or in connection with, any loss of Services as a result of the downgrade of your subscription.
- SELECTING A SUBSCRIPTION TIER
- SUBSCRIPTION FEES
- You must pay the Subscription Fees in advance. Your Subscription Fees amount will be charged in accordance with your selected Subscription Tier and Subscription Periods
- If you have a free trial period, Subscription Fees will only be payable after the end of the free trial period. You will be automatically charged the Subscription Fees if you do not cancel your subscription before the end of your free trial period.
- If you have a Minimum Subscription Term, you will be charged the Subscription Fee for the Minimum Subscription Term then following the end of the Minimum Subscription Term, you will be automatically charged the Subscription Fee relevant for your selected Subscription Period and Subscription Tier unless your cancel your subscription before the end of the Minimum Subscription
- You must pay the Subscription Fees for the full Minimum Subscription Term.
- You will be automatically charged the Subscription Fee for your selected Subscription Period and Subscription Tier each time your subscription renews.
- Subscription Fees will be charged via your selected payment method. You authorise us to continue to debit the Subscription Fees from your selected payment method at the end of each Subscription Period.
- If we are unable to charge your selected payment method we may immediately cancel or suspend your Account. If you have a Minimum Subscription Term, the balance of any unpaid Subscription Fees for the remaining Minimum Subscription Term will be immediately payable.
- We may, at our discretion, amend the amount of the Subscription Fees at any time. You will not however be charged the amended amount of the Subscription Fees until your subscription is renewed.
- We will not pay any charge back amount if you fail to cancel your subscription.
- SUBSCRIPTION FEES
- (Change payment method) You may change your payment method by changing your payment details associated with your Account.
- (GST) Unless otherwise indicated, amounts set out on the App include GST.
- (Currency) All amounts shown on the Services are in Australian Dollars. If you pay using a currency other than Australian Dollars, you may be charged a foreign transaction fee as well as taxes applicable to your jurisdiction.
- (Card surcharges) We reserve the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
- (Dishonour fee) If we are unable to debit your selected payment method, we may charge a dishonour fee.
- (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payment. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting a payment from you.
- Your warranties
You acknowledge and agree:
- to not share your Account with or transfer your Account to any other person and that any use of your Account by any other person is strictly prohibited. You must notify us of any unauthorised use of your Account, password or email (or any other breach or potential breach of the Services’ security);
- to not use the Services for any purpose other than for the Services, including in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
- not to act in any way that may harm our reputation or our associated or interested parties or do anything at all contrary to our interests or the Services;
- you must not copy, reproduce, translate, adapt, vary or modify the Services;
- that we may change any features of the Services or Services offered through the Services at any time without notice to you; and
- that any information on the Services provided by us, is general in nature, and we won’t be responsible to you for, and exclude any liability for damages, loss (including consequential loss) or personal injury arising from or in connection to you relying on or using any information on the Services.
- THIRD PARTIES
- THIRD PARTY CONTENT
The Services may contain text, images, data and other content provided by a third party (Third Party Content). We’re not responsible for any of this Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.
- THIRD PARTY LINKS
The Services may also contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.
- THIRD PARTY TERMS AND CONDITIONS
By using the Services, or any other third party service, you acknowledge and agree that third party terms & conditions (Third Party Terms) may apply (including app store providers such as Apple and Google). You agree to any Third Party Terms applicable to any third party goods and services, and we will not be liable for any damages, loss (including consequential loss) or personal injury suffered by you arising from or in connection with such Third Party Terms.
The Services are made available to you strictly on an ‘as is’ basis. We cannot guarantee, and make no warranties, to the extent permitted by law, that:
- the Services will be free from errors or defects;
- the Services will be accessible or available at all times;
- messages sent through the Services will be delivered promptly, or delivered at all;
- information you receive or supply through the Services will be secure or confidential; or
- any information provided through the Services is true, accurate or complete.
If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:
- these terms are between you and us and not with Apple;
- Apple is not responsible for the Services or any content available on the App;
- Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;
- in the event of any failure by us to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services;
- to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be our responsibility;
- Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:
- product liability claims;
- any claim that the Services fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection, privacy, or similar legislation;
- in the event of any third party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
- that you represent and warrant that:
- you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and
- you are not listed on any U.S. Government list of prohibited or restricted parties;
- you must comply with applicable third party terms of agreement when using the Services; and
- Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms, and that, upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third party beneficiary.
- OPERATION OF THE SERVICES DEPENDENT ON THIRD PARTIES
You acknowledge that the Services are dependent on software and hardware developed by third party providers such as Apple and Google. If following an update by such third party provider, the Services can no longer function as they did prior to the update, we will not be liable to you for any damages or loss (including consequential loss) suffered by you as a result.
- INTELLECTUAL PROPERTY
- We retain ownership of all materials developed or provided (or both, as the case may be) in connection with the Services including the Meal Diary, Food Database, text, graphics, logos, design, icons, videos, images, functionality, pricing and software (Services Content) and reserves all rights in any Intellectual Property Rights owned or licensed by us.
- You must not reproduce, transmit, adapt, distribute, sell, modify or publish the Services Content without our prior written consent or as permitted by law.
- In this clause 12, “Intellectual Property Rights” means all copyright, trade mark, design (including website design and functionality), patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms in Australia and throughout the world.
- Privacy and confidentiality
You agree to comply with:
- your obligations under the Privacy Act 1988 (Cth); and
- COLLECTION NOTICE FOR PERSONAL INFORMATION
- CONFIDENTIAL INFORMATION
You agree to not disclose Confidential Information directly or indirectly to any third party, except:
- with our prior written agreement;
- as required by law; or
- as allowed by the Services.
- In this clause 13, “Confidential Information” means information of, or provided by, us that is by its nature confidential information, is designated as confidential, or that you know or ought to know is confidential, but does not include information which is, or becomes, without a breach of confidentiality, public knowledge.
We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Services. You should take your own precautions to ensure that the process you employ to access the Services does not expose you to the risk of viruses, your personal data being stolen, malicious computer code or any other forms of interference and cyber-attacks.
- Liablity and INdemnity
- LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, we exclude completely all liability, or if liability cannot be excluded, our maximum aggregate liability will be limited to $100, to any person for loss or damage of any kind (including personal injury), however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from, in connection to or relating in any way to the Services. This includes the transmission of any computer virus, use of your personal data by unauthorised parties and any other form of loss or damage that may arise from a cyber-attack of any form.
All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
- CONSUMER LAW
Nothing in these terms are intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
You agree to indemnify us and our employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’:
- breach of these terms; or
- use of the Services.
- CONSEQUENTIAL LOSS
To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Services, these terms, or any other services provided by you (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
- CANCELLATION OF PAID SUBSCRIPTION TIER
- You are responsible for cancelling your subscription.
- Subscriptions are for (if applicable) the Minimum Subscription Period or the Subscription Period. If you cancel your subscription, you will continue to have access to the Services available for your Subscription Tier even if you decide not to use them until the end of (if applicable) the Minimum Subscription Period or the Subscription Period.
- CANCELLATION BY US
- To the extent permitted by law, we reserve the right to cancel or suspend your Account and access to all or part of the Services at any time without notice, for any reason.
- If we cancel your Account, we will refund to you the Subscription Fees on a pro rata basis based on the amount of time remaining on your current Subscription Period.
- We may also cancel or suspend your Account and access to all or part of the Services at any time without notice and without issuing a refund if you breach any provision of these terms.
- CANCELLATION OF PAID SUBSCRIPTION TIER
We do not offer change of mind refunds.
- PAUSE SUBSCRIPTION
- You may choose to pause your subscription by providing us with 7 days notice (Hold).
- A Hold may be for a maximum of 4 weeks during any 12 week period.
- During a Hold:
- no Services will be provided to you; and
- no Subscription Fees will be charged.
- If you have a Minimum Subscription Period, your Minimum Subscription Period will be extended for the same duration as the Hold.
- CANCELLATION AND YOUR DATA
Upon cancellation, termination or expiry of your Account, we may retain or delete any information, data and material associated with your Account. If deleted, you will not be able to recover any of your information, data and material. We won’t be responsible to you for, and exclude any liability for damages or loss (including consequential loss) arising from or in connection to the cancellation, termination or expiry of your Account.
- A notice or other communication to a party under these terms must be:
- in writing and in English; and
- delivered via email to the other party, to (in our case) our contact email address set out on the App and (in your case) the email address associated with your Account (collectively the Email Address).
- Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
- 24 hours after the email was sent; or
- when replied to by the other party,
- A notice or other communication to a party under these terms must be:
whichever is earlier.
- GOVERNING LAW AND JURISDICTION
These terms are governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
- JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
You cannot assign, novate or otherwise transfer any of your rights or obligations under these terms without our prior written consent.
- ENTIRE AGREEMENT
These terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in connection to the subject matter of these terms.
- (singular and plural) words in the singular includes the plural (and vice versa);
- (gender) words indicating a gender includes the corresponding words of any other gender;
- (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
- (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
- (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
- (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
- (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
- (headings) headings and words in bold type are for convenience only and do not affect interpretation;
- (includes) the word “includes” and similar words in any form is not a word of limitation; and
- (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.