Terms and Conditions
Last Updated: 6 January 2025
MenuAid Limited, trading as Appetise (NZCN 8156481) (in these Terms, referred to as "Appetise", "we", "us" or "our") 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
These terms and conditions (“Terms”) govern your access to and use of the Appetise websites (at www.appetise.io and www.appetiseinsights.io) and mobile applications (each a “Site”), including any content, functionality, and services offered on or through a Site (collectively, referred to as “Services”).
These Terms are entered into between you and Appetise. Please read these Terms carefully before accessing and using our Sites. By accessing and using the Site or any of its Services, you accept and agree to be bound by these Terms. If you do not agree to these Terms, please do not use or access the Site.
By accessing and using the Site, you represent that you are of legal age to form a binding contract with Appetise.
Changes to the Terms
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 modified Terms on the Site, and if we make a material change to these Terms, we will also include a prominent notice on the Site that we have done so. The changes take effect when we post the Terms on the Site and the modified Terms 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 amended Terms. You should check and read these Terms regularly. The date of the most recent update will be indicated.
Privacy
When you interact with us, we collect data about you. Sometimes you give it to us (for example, when you register for an account with us) and sometimes we collect it automatically (for example, through cookies used on our Site).
Your privacy is important to us. Our Privacy Policy is available [https://appetise.io/privacy-policy] and it governs our collection, use and disclosure of your personal information. [It also explains how we use cookies.]
1. Location
Appetise is based in Christchurch, New Zealand. We provide this Site from New Zealand and it is intended for use only by people located in New Zealand and Australia. We make no claims that the Site or any of its Content or Services are accessible or appropriate outside of New Zealand or Australia. Access to the Site, its Contents or Services may not be legal by certain persons or in certain countries. If you access the Site from outside New Zealand or Australia, you do so on your own initiative and are responsible for compliance with local laws.
2. Intellectual Property
The Site and its entire contents, features and functionalities (including without limitation all 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.
The trade marks, service marks, trade names, designs, logos and slogans on the Site are trade marks of Appetise or its licensors. You must not use such marks without the prior written permission of Appetise or the respective owner.
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. Nothing on this Site should be construed as granting you a licence to use any of our intellectual property in the Site or the Content, other than as expressly permitted by these Terms, without our permission. Any use of the Site or Content not expressly permitted by these Terms may infringe our intellectual property rights and other laws.
3. Use of the Site
3.1. Permitted Use
You may access and use the Site and its Contents and Services for your personal, non-commercial use only.
You may use the Site only for lawful purposes and only in a manner that complies with these Terms.
You may access, view, print or download a reasonable number of copies of the Content 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 these Terms and any end user license agreement that applies for such applications.
You must not otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content on the Site. Unauthorised use of the Site and Content is prohibited and may result in your access to and use of the Site or any Services being terminated.
3. 2. Prohibited Uses
You must not use the Site in any manner that:
- violates applicable laws or regulations;
- inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Appetise or other users of the Site or expose us or them to liability; or
- could disable, overburden, damage, or impair the Site.
Additionally, you agree not to:
- use any robot, spider, or other automatic devices, processes, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
- use any technological measures to scrape, extract or otherwise mine Content from the Site;
- use any Content or access the Site for the purposes of developing or training any machine learning models or artificial intelligence system without our prior written consent;
- 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 authorised 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 unauthorised 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; or
- otherwise attempt to interfere with the proper working of the Site.
Engaging in any of the above behaviours may result in your access to and use of the Site or any Services being terminated.
4. Subscription Terms, Fees and Payments
4.1. Registration and Account Administration
To access parts of the Site and some of the Services, you will need to register for an account with us. Registration is required if you wish to subscribe to our Services.
The registration form will prompt you to provide us with certain personal details or other information. You must ensure that all the information you provide is correct, current, and complete. If any of your details change, you will ensure that you promptly update your details.
You must be 16 years or older to subscribe to any Services.
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; and
- use the rights of another person.
You will be held responsible for all use of your account, username and password except to the extent any unauthorised access or use is caused by us. You should not share your username or password with others. If you believe your account has been compromised or used by someone without your permission, you must immediately notify Appetise of the suspected breach by emailing hello@appetise.io and you should, as soon as reasonably practicable, reset your password.
We reserve the right to suspend or terminate your account without prior notice if:
- we reasonably believe that you have breached any of these Terms;
- we consider it necessary due to technical or security issues;
- we are instructed to do so by a government or law enforcement agency;
- we are required to do so as a matter of law; or
- we consider it necessary to do so for any other reason in our sole discretion.
If your account is suspended or terminated, you will be restricted from accessing the Services or any member-only content of the Site.
4. 2. Subscriptions
Appetise is a free service. We reserve the right to change our subscription prices at any time. Should your subscription price change, we will notify you by email and give you at least two weeks to opt-out if you do not want to continue your subscription at the new price.
If you subscribe to our Services, then you agree that:
- 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.
- 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.
- Appetise enables the grocery shopping lists associated with our meal plans to be purchased with and 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 purchase or delivery of groceries are between you and the Grocery Delivery Partner.
5. Communication Between You and Appetise
We may contact you by email to let you know about changes to our Services and the products related to our Services. Where you have given us permission to do so, we may also send you emails about products and services that you may be interested in. You may opt-out of marketing communications at any time by following the unsubscribe instructions located within our email communications.
6. Content Submissions
By submitting recipes, photographs, ratings, reviews or other content to us (“User Contribution”), you assign to us any and all rights in the User Contributions throughout the world (including without limitation copyright) and you waive and consent to any infringement of your moral rights in the User Contribution that may be available to you. If any of these rights cannot be assigned to us, you grant us an irrevocable, non-exclusive, perpetual, worldwide, sublicensable, transferable, royalty-free right and license to use, copy, distribute, modify, licence and exploit any User Contribution by any means and media now known or developed in the future, without payment or consideration to you or any other person.
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 rights above to us and our licensees, successors, and assigns;
- all of your User Contributions do and will comply with these Terms;
- you are responsible for any User Contributions you submit or contribute, and you, not Appetise, have full responsibility for such User Content, including its legality, reliability, accuracy, and appropriateness;
- you waive any rights you may have in preventing the User Contribution being altered or changed in a manner not acceptable to you.
Appetise does not allow User Contributions that contain:
- copyright materials for which the person submitting does not have the authority to provide a release of the copyright;
- any materials that infringe on the intellectual property rights of a third party;
- private information of any third party or materials that otherwise violates a person’s privacy rights;
- obscene, profane, or pornographic content; or
- personal attacks on others such as slanderous, defamatory, threatening or harassing content.
Appetise reserves the right to delete, edit or refuse to post, at our sole discretion, any User Contributions for any reason.
Appetise may monitor User Contributions, but we are not responsible for the submissions of third parties and are not liable for any User Contributions. 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.
7. Dietary Restrictions & Preferences
Appetise is committed to providing simple, balanced meals to help individuals make healthy choices in consultation with their healthcare professionals.
Appetise does not:
- guarantee the accuracy, completeness, or usefulness of any nutritional information contained in the Content or Services; and
- adopt, endorse, or accept responsibility for the accuracy, completeness or usefulness of any such nutritional information.
You should always seek the advice of a doctor or registered dietician in respect of your own specific health conditions or dietary needs. Under no circumstances will Appetise be liable to you for any loss or damage resulting from your reliance on the Content or Services, and nor is Appetise responsible for ensuring that the food you and the members of your household prepare or consume is in accordance with your specific dietary needs and restrictions.
Appetise will not be liable to you for any loss or damage 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.
8. Disclaimer of Warranties
Except as otherwise specifically provided herein, your use of the Site, the Content and any Services are at your own risk. You are solely responsible for the action you take in reliance on the Content or Services accessed through this Site. The Site, Content and any Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied.
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. Appetise makes no warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Site, Content or Services.
Appetise does not represent or warrant that your access to and use of the Site, Content, or any Services will be error-free or uninterrupted or will otherwise meet your needs or expectations.
Appetise does not guarantee that the Site, the server that makes it available, or any Services or Content obtained through the Site are free of viruses or other harmful components that could damage or interfere with your data, hardware or software. It is your responsibility to implement appropriate safeguards, such as anti-virus and other security measures, to satisfy your particular requirements as to the safety and reliability of the Site and its Content.
We strive to protect the security of your information. However, no data transmission over the internet can be guaranteed as totally secure and we do not guarantee the security of any information that you transmit to us. You acknowledge that any message or information you send to the Site may be read or intercepted by others, and that any information that you send to us is at your own risk.
To the fullest extent provided by law, Appetise 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.
9. Limitation on Liability
To the fullest extent provided by law in no event will Appetise be liable for damages of any kind, whether arising in contract, tort (including negligence), statutory or otherwise arising out of or in connection with your use, or inability to use, the Site, any websites linked to it, any Content or Services and whether such damages are direct, indirect, special, incidental, consequential, or punitive. Without limiting the generality of the foregoing, Appetise is not liable to you for damages arising out of or connected with 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, or loss of data, even if foreseeable. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
If the New Zealand Consumer Guarantees Act 1993 and/or the Australian Consumer Law applies, you may have rights or remedies that are not excluded nor limited by these Terms. If you are using this Site or its Content for business purposes, you agree that the New Zealand Consumer Guarantees Act 1993 will not apply to you.
We reserve the right to modify, suspend or withdraw the Site or any Content or Services at any time without notice to you.
10. Governing Law
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
Appetise reserves the right to assign or transfer our rights and obligations under these Terms. 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 these Terms.
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. Copyright Complaints
Appetise respects the intellectual property rights of others and requires that users of our Site and Services do the same. If you believe that we or one of our users have infringed your copyright, please contact our Customer Service team, as provided below.
15. Third Party Websites and Materials
This Site may contain links to third party websites. These websites have not been prepared by us and are not controlled by us. They are provided for your convenience only, and do not imply that we check, endorse, approve or agree with the third-party websites this Site links to.
Third party websites will likely have their own restrictions on how you may use the content on those websites and what responsibility the website provider will accept in relation to the content. You should read and ensure that you comply with any such restrictions.
The Site may also contain third-party advertisements. Advertisements are not recommendations or endorsements by us. You should refer to the relevant advertiser for information on its products and services.
16. Linking to this Site
You are welcome to create a hyperlink from another website to this Site.
While you may use the name of the Site in the text of any such link, you may not use our logos or trade marks without our prior written consent, nor present the link in any context that implies this Site has an association with your website or endorses your products and services.
You must not frame this Site or represent that any part of the Site belongs to anyone other than us.
17. Contacting Appetise
For questions or comments regarding these Terms, please contact the Appetise Customer Service team by email at hello@appetise.io.
Terms as of December 2024