Terms and Conditions

Last updated: 7 June 2024

MenuAid Limited, trading as Appetise (NZCN 8156481) is a free 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

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These Terms of Service are entered into between you and Appetise. ("Appetise", "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 Appetise websites www.appetise.io, www.appetiseinsights.io and mobile application including any content, functionality, and services offered on or through the Site (collectively, referred to as “Services”).

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Please read these terms carefully before accessing and using our sites or any services. You agree that by accessing and using the site and service, you accept and agree to be bound by these terms and our Privacy Policy, incorporated herein by reference. If you do not agree to these terms, please do not use or access the site.

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By using the Site, you represent that you are of legal age to form a binding contract with Appetise 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 hello@appetise.io

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Changes to the Terms of Service

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Appetise 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

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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.

To access the Site or some of the resources it offers, and to access Services, you may need to register and provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with the Site or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

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Appetise 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 and Australia. 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.

These Terms, together with our Privacy Policy shall constitute the entire agreement between you and Appetise. If you do not agree with any of the Terms of this Agreement or the Privacy Policy, do not use or access the Site or Services.

2. Use of the Services; Intellectual Property

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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 Appetise, 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

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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:

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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 Appetise. 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 Appetise or the respective owners. You must not use such marks without the prior written permission of Appetise 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 Appetise 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.

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3. Subscription Terms, Fees and Payments

Appetise is a free service. 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 Appetise, 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 Appetise of the suspected breach by emailing hello@appetise.io

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 Appetise, 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.

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Prices Subject to Change. Appetise 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.

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Grocery Delivery Partners. Appetise 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, Appetise does not deliver groceries and any terms related to the delivery of groceries are between the user and the Grocery Delivery Partners.

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4. Communication Between You and Appetise

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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.

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5. Content Submissions

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By submitting recipes, photographs, ratings or reviews (“User Contribution”), you grant Appetise 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:

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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 Appetise, 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.

Appetise reserves the right to delete or refuse to post, at our sole discretion, any submitted content for any reason.

Appetise does not allow submitted items that contain:

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

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Appetise 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 us at hello@appetise.io

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6. Dietary Restrictions & Preferences

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Appetise is committed to providing simple, balanced meals to help individuals make healthy choices in consultation with their personal physician.

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Appetise 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 Appetise 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. Appetise 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.

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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 Appetise 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, Appetise 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

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To the fullest extent provided by law, in no event will Appetise, 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.

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9. Indemnification

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You agree to defend, indemnify, and hold harmless Appretise, 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 authorised in these Terms, or your use of any information or Content obtained from the Site.

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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 Appetise, our goal is to provide you a neutral and cost-effective way to resolve the dispute quickly. You agree to first contact the Appetise 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 Appetise 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.

12. Assignment

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Appetise 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 Appetise, assign or transfer any of your rights and obligations under this Agreement. There will be no third-party beneficiaries to this Agreement.

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13. Waiver and Severability

No waiver by Appetise 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 Appetise 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

This Agreement, including any terms, conditions and policies expressly referenced herein (including our Privacy Policy), together with any legal notices published on the Site, will constitute the complete understanding and agreement between you and Appetise, and will supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by Appetise.

15. Copyright Complaints

Appetise 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 Appetise

For questions or comments regarding these Terms, please contact the Appetise Customer Service team by email at hello@appetise.io

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