Terms of Use

Last updated: March 1, 2023.

Welcome to MealPal! These Terms of Use (“Terms”) are a contract between you and MealPal Australia Pty Limited (ACN 618 142 368) (“MealPal” or “we”) and govern your access to and use of any of the MealPal platform, website, mobile application (such as for iPhone or Android) or content, or products and/or services made available through MealPal (collectively, the “Site”). Please read these Terms carefully before accessing and using the Site.

TERMS OF USE
1. Acceptance of Terms. By accessing and/or using the Site, you accept, and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site.
2. Amendment of Terms. MealPal may amend the Terms from time to time in its sole discretion. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms on the Site. Your continued access to or use of the Site after such posting constitutes your acceptance of, and consent to be bound by, the Terms, as amended.
3. Additional Terms. In addition to these Terms, when using particular plans, offers, products, services or features, you will also be subject to any additional posted terms, guidelines, or rules applicable to such plan, offer, product, service or feature, which may be posted on the Site and modified from time to time. All such additional terms, guidelines or rules are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control to the extent of such inconsistency.
4. Merchants. Merchants who access or use the Site (including the portal accessible by each Merchant (“Merchant Portal”)) or participate or assist in the provision of content, or products and/or services by MealPal to its customers, will also be bound by these Terms, except to the extent to which the Terms relate specifically to the nature of the relationship between MealPal and its customers that are not Merchants.
MEALPAL PLATFORM
MealPal Platform. In Australia, there are two versions of the MealPal Platform: Membership and Subscription

MEALPAL PLATFORM - MEMBERSHIP
1. MealPal offers a membership based platform that enables MealPal members to purchase meals offered and prepared by restaurants, food service providers, and chefs that partner with MealPal (each, a “Merchant”) and access those Merchants' products and services at a discount. You acknowledge and agree that MealPal itself is not a restaurant, chef or food service provider and does not own, operate or control any of the restaurants, chefs, or food services or facilities accessible through the Site.
2. Membership Fee. In order to access the Membership Site, you must be a MealPal member ("Member"). In consideration of MealPal registering you as a member and providing you with access to the Site, you must pay MealPal a monthly fee in an amount determined by MealPal from time to time ("Membership Fee"), using a current, valid, accepted method of payment (as determined by MealPal from time to time) (“Payment Method”). Once you become a member, you may use the Site to purchase meals. You acknowledge and agree that the payment of the Membership Fee only entitles you to access to the Site and does not act as a voucher or credit for the purchase of meals on the Site.
3. Membership Cycles. Your MealPal membership starts on the date that you sign up for a membership and pay the Membership Fee via a valid Payment Method and unless we otherwise communicate a different time period to you at the time of signup (such as a multicycle commitment plan), each MealPal membership cycle is 30 days in length (“Membership Cycle”). You must provide us with a current, valid, accepted method of payment (as determined by MealPal from time to time) (“Payment Method”) to use MealPal.
4. Eligible Meals. Members will be able to purchase eligible meals on weekdays (excluding any Saturday, Sunday, public holiday or bank holiday) from a participating Merchant. Members may purchase and receive meals from the Merchant of his or her choice, subject to its availability, on our Site. For a current list of public holidays in Australia, please visit https://www.mealpal.com/au/faq/. You acknowledge and agree that the occurrence of a public holiday in any Membership Cycle will not entitle you to a refund of any amounts paid in connection with your membership or use of the Site, or any other compensation (financial or otherwise) for the nonavailability of meals on a public holiday
5. Membership Plans. We may offer a number of membership plans, which may be advertised on the Site from time to time, including special promotional plans or memberships, with differing terms, conditions and limitations. We reserve the right to modify, terminate or otherwise amend our offered membership plans at any time.
6. Trials. From time to time we may offer a trial membership that includes standard access to the Site during the trial period, the length of which may be determined by MealPal in its discretion. Unless otherwise communicated, a trial begins at the moment of signup and ends at 11:59pm on the last weekday of the trial (for example, a one week trial would end at 11.59pm on the same weekday of the following week). Each trial membership will automatically convert to a regular membership and the member will be charged a Membership Fee on and from the expiry of the trial period (which time will be deemed to be the start of that member's first Membership Cycle), unless cancelled by 12pm on the weekday before the last day of the trial. If you cancel your trial membership and do not convert to a paid membership, then you will not be able to purchase meals after the expiry of the trial membership period. Unless we expressly communicate otherwise, trial memberships are only available to new customers that have never had a MealPal membership before, are not transferable, may not be combined with other offers or redeemed for cash, may not be combined with other offers and are void where prohibited.
7. Gifts and Promotions. From time to time we may make available gift cards for MealPal subscriptions or memberships, other types of promotions or promotional plans (including through the use of promotional codes or those provided as part of a third party promotion). Gift cards, promotions, and promotional plans may be redeemed as described in the specifics of the promotion and may be subject to additional or different terms, which we may impose without notice. Unless otherwise expressly communicated to you in connection with your redemption, gift cards, promotions and promotional plans are only available to new customers that have never had a MealPal subscription or membership before, are not transferable, can only be used once, cannot be redeemed for cash, and may not be combined with other offers. To be eligible for certain promotions, you must not have an existing subscription or membership nor have had one, and it is up to MealPal’s sole discretion to determine if you had a previous membership or subscription. You acknowledge and agree that MealPal is under no obligation to accept a gift card and reserves the right in its sole discretion to void or withdraw any promotion at any time. MealPal has the right to charge your Payment Method the full retail value of any gift card, promotion, or promotional plan that is redeemed by you if you are not qualified for the offer, or otherwise than as described in the specifics of the gift card, promotion, or promotional plan. For example, if you redeem a promotion offering $40 off a new MealPal Membership or Subscription Plan at any time after your initial signup for your first MealPal membership or subscription, MealPal may charge you $40 in addition to any fees and charges applicable to your membership or subscription. Gift cards, promotions, and promotional plans are not transferable, cannot be redeemed for cash, and may not be combined with other offers and are void where prohibited. To be eligible for certain promotions, you must enroll in a 20 Meal 30-Day Plan. In order to receive a promotion, you may be required to provide and verify your cell phone number. The cell phone number you verify must be a unique cell phone number that is not associated with another account in order to receive the promotion. We may also review any other aspects of your account to determine if it is a new customer account or not, and the determination is at MealPal’s discretion.
  From time to time we may also make available promotions for referring others to the MealPal service. All referrals require successful validation by MealPal to confirm eligibility. Confirmation of eligibility may include (but is not limited to) validation of email, phone number, credit card, name, device ID, and other customer attributes. If a referral does not reserve a meal within the first 30 days of their membership, they will not be counted as a referral. Final eligibility and qualification for all referrals is at the sole discretion of MealPal.
  If you have created multiple accounts using different email addresses and/or associated the same phone number with multiple email accounts, it is possible that you will receive a marketing promotion that you are not eligible for. As noted in section 2N, it is a violation of these terms to create multiple MealPal accounts.
  Final eligibility for all marketing promotions is at the sole discretion of MealPal.
8. Merchant and Meal Availability and Allocation. MealPal makes no guarantee or representation as to the availability of particular Merchants, meals, menu choices or other inventory at any time, and you acknowledge and agree that such availability may change over time, including during the course of any given Membership Cycle.
9. Meal Modifications. MealPal Merchants are unable to make any modifications to the meals that they are offering on the Site. All meals will be prepared as described and you may not request any modifications, substitutions or any other changes to the meals.
10. Meal Ingredients. MealPal makes no guarantee or representation as to the quantity, quality, source, composition, nutritional value, or otherwise, of the ingredients contained in any meal. It is your responsibility to make sure that you can eat all of the ingredients contained in any meal.
11. Use of MealPal. Your MealPal membership is personal to you and you agree not to create more than one account. Members cannot transfer or gift meals to third parties, including other MealPal members. MealPal may not be used for commercial purposes.
12. Updates. We continually update and test various aspects of the Site. We reserve the right to, and by using our service you agree that we may, include you in, or exclude you from, these tests without notice. MealPal makes no warranty or representation as to the constant availability of the Site and does not guarantee a Member’s uninterrupted use or enjoyment of the Site. You acknowledge and agree that the Site may not be available for use from time to time, and that you may be disconnected from your use of the Site at any time for any reason, including if:
  1. any network connection difficulties occur; or
  2. the systems providing those services are unavailable for any reason (including so that maintenance can be performed).
13. In order to pick up your meal, you must have a mobile device that supports the latest version of the MealPal Android App or iOS App. The MealPal Android App or iOS App must be installed on your mobile device, and you must have a working camera. To pick up your reserved meal, you will be required to open the app, log in to your account, and scan the QR code found at the restaurant. Following the scan, you must then show the confirmation success screen to the merchant. MealPal reserves the right to modify this pickup process as required by the restaurant and/or MealPal.
MealPal Platform - SUBSCRIPTION
1. MealPal offers a subscription based platform that enables MealPal subscribers to reserve meals offered and prepared by restaurants, food service providers, and chefs that partner with MealPal (each, a “Merchant”) and access those Merchants' products and services by using credits purchased under the subscription plans. You acknowledge and agree that MealPal itself is not a restaurant, chef or food service provider and does not own, operate or control any of the restaurants, chefs, or food services or facilities accessible through the Site.
2. Membership Cycles. Your MealPal subscription starts on the date that you sign up for a subscription and submit payment for such subscription via a valid Payment Method. Unless we otherwise communicate a different time period to you at the time of sign-up (such as a multi-cycle commitment plan), each MealPal cycle will renew when either of the following happens: when 30 days pass you will automatically renew for another 30 day cycle OR when you have less than 10 credits remaining in your account, you will automatically renew for another cycle. For example, if you purchase your MealPal membership on April 5, your membership will automatically renew 30 days later, on May 5. If you have less than 10 credits in your account before May 5, you will renew at that earlier time. If you have more than 10 credits in your account after 30 days, you will still renew at that time, and credits will rollover only if eligible based on your plan set.
3. You must provide us with a current, valid, accepted method of payment (as determined by MealPal from time to time) (“Payment Method”) to use MealPal. We will automatically bill the subscription fee to your Payment Method for each cycle until your subscription is cancelled or terminated.
4. Eligible Meals. Each member may reserve up to 1 meal per weekday (excluding any Saturday, Sunday or public holiday) from a participating Merchant. Each meal will be worth a different number of MealPal credits, and credits will be deducted from your subscription plan when you reserve a meal. You may reserve and receive meals from the Merchant of your choice, subject to its availability on our Site and your ability to pay the needed number of credits. MealPal reserves the right to change from time to time the number of Eligible Meals a member can reserve per cycle, membership plan, geography, Merchant or otherwise. For a current list of public holidays in Australia, please visit https://www.mealpal.com/au/faq/.
5. Subscription Plans. We may offer a number of subscription plans, including special promotional plans with differing conditions and limitations. Subscription plans are for a certain number of credits. We provide guidelines about how many meals we expect the credits will get you, but the actual number may vary based on the meals you select and how many credits they cost. We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time.
6. Merchant and Meal Availability and Allocation. MealPal makes no guarantee or representation as to the availability of particular Merchants, meals, menu choices or other inventory, and you acknowledge and agree that such availability may change over time, including during the course of any given Subscription Cycle.
7. Meal Modifications. MealPal Merchants are unable to make any modifications to the meals that they are offering on the Site. All meals will be prepared as described and you may not request any modifications, substitutions or any other changes to the meals. Requests for modifications, substitutions, or other changes are strictly forbidden and may result in a termination of your MealPal subscription.
8. Meal Ingredients. MealPal makes no guarantee or representation as to the quantity, quality, source, composition, nutritional value, or otherwise, of the ingredients contained in any meal. It is your responsibility to make sure that you can eat all of the ingredients contained in any meal.
9. Use of MealPal. Your MealPal subscription is personal to you and you agree not to create more than one account. Subscribers cannot transfer or gift meals to third parties, including other MealPal members or subscribers. MealPal may not be used for commercial purposes. To use your MealPal subscription you must have access to the Internet and you acknowledge and agree that you will be solely responsible for your own internet access.
10. Updates. We continually update and test various aspects of the Site. We reserve the right to, and by using our service you agree that we may, include you in, or exclude you from these tests without notice. MealPal makes no warranty or representation as to the constant availability of the Site and does not guarantee a Member’s uninterrupted use or enjoyment of the Site. You acknowledge and agree that the Site may not be available for use from time to time, and that you may be disconnected from your use of the Site at any time for any reason, including if:
  1. any network connection difficulties occur; or
  2. the systems providing those services are unavailable for any reason (including so that maintenance can be performed).
11. Technical requirements. In order to pick up your meal and use certain features on the Site, you must have a mobile phone equipped with the Android App or iOS App installed on your mobile device, internet connectivity and a working camera. To pick up your meal, you will be required to open the app, log in to your account, and scan the QR code found at the restaurant. Following the scan, you must then show the confirmation success screen to the merchant. MealPal reserves the right to modify this pick-up process as required by the restaurant and/or MealPal from time to time.
12. In order to use certain features on the MealPal platform, you are required to have a mobile device. MealPal does not warrant that the Site will be compatible or interoperable with your mobile device.

ORDERING MEALS

ORDERING MEALS - MEMBERSHIP
1. Payment. Upon payment of the Membership Fee, you may elect to purchase meals from a Merchant using one of the methods contemplated at paragraph (b) and (c) below.
2. Pre-paid. You may, at any time, pay an amount to MealPal via the Site, up to the maximum value of AUD $1000, that will be displayed on your account in your MealPal Wallet as dollars, and which you may then use to purchase meals from time to time. Once the amount of such dollars has been utilised, or if you do not have a sufficient dollar amount to purchase a meal, you may 'top up' the amount of dollars in your account.
3. Auto-refill. You may turn on the auto-refill feature in your account and your account will be topped up any time your wallet balance is below your default amount. If you do not set a default, the standard MealPal default will be used and your card will be charged $100 any time the balance in your Wallet falls below $20.
4. 'Pay-as-you-go'. You may, at any time, pay for meals with a credit/debit card, which will be debited each time you order a meal on the Site.
5. Maximum Amount. You acknowledge and agree that at no time will you be able to have more than $1,000 dollars in your account.
6. No refund. You acknowledge and agree that once an amount of dollars has been loaded onto your account, or once you have paid for a meal using a credit/debit card, that amount will be non-refundable.
7. Expiry. If you do not use the dollars in your account for 365 days or more, or if your account remains otherwise inactive for the same period, then the balance of the dollars in your account will expire and your balance will reset to $0. The expiry period for “promotional dollars” varies by promotion and will generally be less than 365 days. The dollars that expire the soonest will always be used when you purchase a meal.
8. Third Party Fees. MealPal reserves the right to include as additional fee, any third party payment processing costs incurred by MealPal in connection with your choice of payment method.
ORDERING MEALS - SUBSCRIPTION
1. Payment. Upon payment of the Subscription Fee, you may elect to reserve meals from a Merchant using the credits you purchased with your subscription.
2. Credits. Your subscription will give you access to a certain number of credits. All meals must be reserved using these credits. The number of credits a meal costs will be displayed on the MealPal site and mobile app. Credits do not have any monetary value. Credits are non-refundable. Unused credits cannot be refunded or transferred to another user if you cancel your account.
3. Auto-refill. Your account will automatically refill with credits whenever the credit balance is less than 10. If you set your subscription to cancel, then your account will not top up when you have less than 10 credits remaining.
4. Rollover. For most plans, a portion of your unused credits will rollover to your next plan. For most plans, at the end of the cycle, up to 50% of unused credits from the lesser number of total credits on the current or the next plan can rollover. For example, if you are on a 65 credit plan, and request to move to the 105 credit plan for your next cycle, MealPal will rollover up to 33 unused credits, the lesser of both plans; alternatively, if you are on a 105 credit plan and request to move to the 65 credit plan for your next cycle, MealPal will rollover up to 33 unused credits, the lesser of both plans. Unused credits can only roll over for one cycle. This may vary by plan. Your oldest credits will automatically be used first. Trial credits do not rollover. If you go on hold, any unused credits before you go on hold will not rollover to your cycle when you return from hold.
5. No refund. You acknowledge and agree that once an amount of credits has been loaded onto your account that amount will be non-refundable.
6. Expiry. Credits expire at the end of the period noted on the plan. The credits that expire the soonest will always be used first when you reserve a meal.
7. Third Party Fees. MealPal reserves the right to include as additional fee, any third party payment processing costs incurred by MealPal in connection with your choice of payment method.

BILLING

BILLING - MEMBERSHIP
1. Recurring Billing. Upon starting your MealPal membership and in consideration for your ability to access and use the Site or receive any products or services provided by MealPal, you authorise us to charge you the Membership Fee for your initial Membership Cycle and a recurring Membership Fee every subsequent Membership Cycle at the then current rate, which may change from time to time. You acknowledge that the amount billed each Membership Cycle may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorise us to charge your Payment Method for such varying amounts, which may be billed once every Membership Cycle, in one or more charges. You also authorise us to charge you any other fees you may incur in connection with your use of the Site, such as any applicable taxes (including GST), as further explained below
2. Billing Cycle. When you sign up and purchase your membership, the Membership Fee for your first Membership Cycle will be billed immediately. Your membership will automatically renew every 30 days (each Membership Cycle) and you will be charged again on the date on which the Membership Cycle renews, unless and until your membership is terminated. We reserve the right to change the timing of our billing (and if we do, we’ll make adjustments to the amounts we charge, as appropriate). Your Membership Cycle renewal date may change due to changes in your membership.
3. Refunds. Generally, our fees (including your Membership Fee and any other fees) are nonrefundable, except that we will provide a refund to you for your current Membership Cycle (including in respect of any prepaid meals) in the following circumstances:
  1. if you are cancelling your membership and request a refund within 5 days of your initial purchase; or
  2. if your membership is cancelled prior to the end of a period for which you have incurred a charge, due to your relocation, disability or death.
  3. in connection with an opt-out contemplated by clause 2(d)(i) of these Terms.
    In each case we reserve the right to charge a fee to cover the cost of any meals or other services you may have used, but not paid for, prior to the date of your cancelation. The current rates that will be charged are $16 AUD per meal (including GST but plus any applicable fees). However, such meal fee charges will not exceed the cost of the membership itself. Any additional discounts or refunds that we may choose to provide are provided in our sole discretion and do not entitle you to any future discounts or refunds in the future for similar instances.
4. Price Changes. We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your membership will take effect on the commencement of your next Membership Cycle, subject to notice communicated through a posting on the Site or such other means as we may deem appropriate from time to time.
5. Payment Methods. You may edit your Payment Method information by emailing [email protected]. If a payment is not successfully settled, due to expiration of a Payment Method, insufficient funds or otherwise, and you do not; contact us with details of your new or valid Payment Method, or cancel your account (see, paragraph (f) below), you acknowledge and agree that you nonetheless will remain responsible for any owing but uncollected amounts and authorise us to continue billing the Payment Method (as it may be updated, including in the event you attempt to create a new account, which you may result in a change to your payment billing dates). If we cannot charge your account for any owing but unpaid amounts, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof and provide you with notice of your obligation to pay such unpaid amounts which you must then promptly pay, without delay.
6. Cancellation of Membership. You may terminate your membership at any time with 7 days’ notice by emailing [email protected]. Following any cancellation you will continue to have access to your membership through the end of the then current Membership Cycle and must, prior to the end of the then current Membership Cycle, pay us any amounts owing.
7. Purchasing Meals. As a MealPal member you must purchase your MealPal meals only through the MealPal website or mobile application. It is a breach of your MealPal membership terms if you cancel, change, or request a meal directly with a Merchant. Meals can be purchased from 5:00pm local time on the weekday before the meal will be received. All meals must be reserved by 1:30pm local time in Melbourne and Sydney on the weekday when the meal will be received, otherwise you will not be eligible to purchase a meal on that day and you acknowledge and agree that you will not be entitled to any refund of any part of your Membership Fee for meals not using your membership in a given day. All meal purchases are final sales and cannot be refunded, except as contemplated under clause 4(c) above.
8. Taxes and fees. You acknowledge and agree that taxes (including GST) and fees are charged on all MealPal plans in order to cover the fees and taxes MealPal is required to pay to our Merchants and other third parties.
BILLING - SUBSCRIPTION
1. Recurring Billing. Upon starting your MealPal subscription and in consideration for your ability to access and use the Site or receive any products or service provided by MealPal, you authorise us to charge you for your initial subscription Cycle and a recurring subscription fee every subsequent subscription Cycle at the then current rate, which may change from time to time. You acknowledge that the amount billed each subscription Cycle may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorise us to charge your Payment Method for such varying amounts, which may be billed once every 30 days or when you have less than 10 credits remaining, whichever comes first. You also authorise us to charge you any other fees you may incur in connection with your use of the Site, such as any applicable sign-up fee or taxes (including GST), as further explained below.
2. Billing Cycle. When you sign up and purchase your membership, the fees for your first subscription Cycle will be billed immediately. Your subscription will automatically renew every 30 days or when you have less than 10 credits remaining, whichever comes first. You will be charged again on the date on which the subscription Cycle renews. We reserve the right to change the timing of our billing (and if we do, we’ll make adjustments to the amounts we charge, as appropriate). Your renewal date may change due to changes in your subscription.
3. Billing Holds. You may put your Membership Plan on hold (“Billing Hold”) at any time for up to ninety (90) days. For a Billing Hold to be effective for your next Membership Cycle, it must be received at least 7 days prior to the end of your then-current subscription Cycle or before you reserve the last meal in your cycle on a Meal Plan or before you drop below 10 credits on a Credit plan, whichever comes first. To establish a Billing Hold, i) email [email protected] “Billing Hold” in the subject line; or ii) access “My Account” from the MealPal Menu dropdown. To establish a Billing Hold in My Account, click “Change Plan for Next Cycle”; then “Hold or Cancel My Account”; and then “Hold Account”. While you are on a Billing Hold, you will not be charged, and your Membership Plan will automatically begin again with a new Membership Cycle commencing on the day that you end your Billing Hold. If you go on hold, any unused meals or credits before you go on hold will not rollover to your cycle when you return from hold.
4. Refunds. Generally, our fees (including the fee for your subscription and any other fees) are non-refundable, except that we will provide a refund to subscribers for their current prepaid period in the following circumstances:
  1. if you are cancelling your subscription and request a refund within 5 days of your initial purchase; or
  2. if your subscription is cancelled prior to the end of a period for which you have incurred a charge, due to your relocation, disability or death.
  In each case we reserve the right to charge a fee to cover the cost of any meals or other services you may have used, but not paid for, prior to the date of your cancelation. The current rates that will be charged are $16 AUD per meal (including GST but plus any applicable fees). However, such meal fee charges will not exceed the cost of the subscription itself. Any additional discounts or refunds that we may choose to provide are provided in our sole discretion and do not entitle you to any future discounts or refunds in the future for similar instances.
5. Price Changes. We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your subscription will take effect on the commencement of your next subscription Cycle, subject to notice communicated through a posting on the Site or such other means as we may deem appropriate from time to time.
6. Payment Methods. You may edit your Payment Method information by emailing [email protected]. If a payment is not successfully settled, due to expiration of a Payment Method, insufficient funds or otherwise, and you do not; contact us with details of your new or valid Payment Method, or cancel your account (see, paragraph (f) below), you acknowledge and agree that you nonetheless will remain responsible for any owing but uncollected amounts and authorise us to continue billing the Payment Method (as it may be updated, including in the event you attempt to create a new account, which you may result in a change to your payment billing dates). If we cannot charge your account for any owing but unpaid amounts, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof and provide you with notice of your obligation to pay such unpaid amounts which you must then promptly pay, without delay.
7. Cancellation of subscription. You may terminate your subscription at any time with 7 days’ notice by emailing [email protected]. Following any cancellation you will continue to have access to your subscription through the end of the then current subscription Cycle and must, prior to the end of the then current subscription Cycle, pay us any amounts owing.
8. Reservation and Cancellation of Meals. As a MealPal subscriber you must reserve and cancel your MealPal meals only through the MealPal website or mobile application. It is a breach of your MealPal subscription terms if you cancel, change, or request a meal directly with a Merchant. Meals can be reserved from 5:00pm local time on the weekday before the meal will be received. All meals must be reserved by 1:30pm local time in Melbourne and Sydney on the weekday when the meal will be received, otherwise you will not be eligible to receive a meal on that day and you acknowledge and agree that you will not be entitled to any refund for meals not received or not ordered in time. There is no dollar value tied to each individual credit and not all credits rollover to future subscription Cycles. If you cancel a meal before 10:30am local time on the weekday the meal would have been received, you will have the opportunity to reserve another meal before 10:30am local time on that weekday. If you cancel a meal after 10:30am local time in on the weekday the meal is to be received, the credits will count toward your total credit allocation for your current Membership Cycle.
9. Plans. MealPal offers customers two plan options. You may select to purchase a plan for up to:
  1. 65 credit 30-Day Plan, which is redeemable for approximately 12 meals; or
  2. 105 credit 30-Day Plan, which is redeemable for approximately 20 meals.
10. If you would like to change your current plan to a different plan, you may request a change by emailing [email protected]. Requests to change your subscription plan must be received at least 7 days prior to the commencement of your next subscription Cycle (i.e., if your next billing date is 30 September, you must notify MealPal that you want to change your subscription plan by 23 September). Plans can only be changed once per subscription Cycle. If you change your plan from a 65 Credit 30-Day Plan to 20 Credit 30-Day Plan, there is no fee to return to 65 Credit 30-Day plan on and from the next subscription Cycle.
11. Trials. From time to time we may offer a trial subscription that includes standard access to the Site during the trial period. Unless otherwise communicated, a trial begins at the moment of sign-up and ends at 11:59pm on the last weekday of the trial (for a one-week trial, this would be the same weekday of the following week). Each trial subscription automatically will convert to a regular subscription and price unless cancelled by 12pm on the weekday before the last day of the trial. If you cancel your trial subscription and do not convert to a paid subscription, then you will not reserve meals to be delivered after the expiry of the trial subscription period (even if booking occurred before the end of the applicable trial period). Unless we expressly communicate otherwise, trial subscription are only available to new customers that have never had a MealPal subscribers before, are not transferable, may not be combined with other offers or redeemed for cash and are void where prohibited.
12. Gifts and Promotions. From time to time we may make available gift cards for MealPal subscriptions, other types of promotions or promotional plans (including through the use of promotional codes or those provided as part of a third party promotion). Gift cards, promotions and promotional plans may be redeemed as described in the specifics of the promotion and may be subject to additional or different terms, which we may impose without notice. Unless otherwise expressly communicated to you in connection with your redemption, gift cards, promotions and promotional plans are only available to new customers that have never had a MealPal subscription before, are not transferable, can only be used once, cannot be redeemed for cash, and may not be combined with other offers. To be eligible for certain promotions, you must not have an existing subscription nor have had one, and it is up to MealPal’s sole discretion to determine if you had a previous membership or subscription. You acknowledge and agree that MealPal is under no obligation to accept a gift card and reserves the right in its sole discretion to void or withdraw any promotion at any time. MealPal has the right to charge your Payment Method the full retail value of any gift card, promotion, or promotional plan that is redeemed by you if you are not qualified for the offer, or otherwise than as described in the specifics of the gift card, promotion, or promotional plan. For example, if you redeem a promotion offering $40 off a new MealPal Membership Plan at any time after your initial signup for your first MealPal membership or subscription, MealPal may charge you $40 in addition to any fees and charges applicable to your membership or subscription. Gift cards, promotions, and promotional plans are not transferable, cannot be redeemed for cash, and may not be combined with other offers and are void where prohibited. To be eligible for certain promotions, you must enroll in a 20 Meal 30-Day Plan. In order to receive a promotion, you may be required to provide and verify your cell phone number. The cell phone number you verify must be a unique cell phone number that is not associated with another account in order to receive the promotion. We may also review any other aspects of your account to determine if it is a new customer account or not, and the determination is at MealPal’s discretion.
13. Taxes and fees. You acknowledge and agree that taxes (including GST) and fees are charged on all MealPal plans in order to cover the fees and taxes MealPal is required to pay to our Merchants and other third parties.
14. Public Holidays. You acknowledge that MealPal may not be able to provide meals on public holidays, and the occurrence of a public holiday in any Membership Cycle will not affect the fees paid by you for your membership and you will not receive a refund for any other compensation (financial or otherwise) for the non-availability of meals on any public holiday. For a current list of public holidays in Australia, please visit https://www.mealpal.com/au/faq/

OTHER FEES
1. Fees We Charge. Your membership or subscription fee covers your access to eligible meals or credits as explained above. We reserve the right to change the policy regarding when we charge fees, to introduce additional fees (such as (without limitation) a sign-up fee, late cancellation fee, or missed meal pick-up fee) and to change the amount of any such fees at any time. Additionally, from time to time, we may allow you to purchase (though MealPal is under no obligation to offer) additional meals, products or services through the Site. If you choose to purchase any of these offerings, you will be responsible to pay the applicable fees in addition to your membership or subscription fee.
2. Third Party Fees for Using MealPal. You are also responsible for all third party charges and fees associated with connecting and using the Site, including internet service provider fees, telephone and computer equipment charges, GST and any other costs, charges or fees which apply to your access to the Site.
TERMINATION OR MODIFICATION BY MEALPAL
1. Termination or Modification. You understand and agree that, at any time and without prior notice MealPal may:
  1. terminate, cancel, deactivate and/or suspend your membership, subscription, account, any meals reserved, or your access to or use of the Site (or any portion thereof) and/or
  2. discontinue, modify or alter any aspect, feature or policy of the Site or your membership or your subscription. This includes the right to terminate or modify any membership or subscription prior to the end of any membership or subscription cycle. Upon any termination, we may immediately deactivate your account, remove and delete all related information and/or bar any further access to your account, account information and the Site. Upon any such termination by us without cause, as your sole recourse, we will issue you a refund of the fees for the then current membership or subscription cycle, less any fees or costs owing to MealPal for meals or services already used during that membership of subscription cycle.
2. If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of the Site as prohibited by these Terms, you will not be entitled to any refund. You agree that MealPal will not be liable to you or any third party for any termination or modification to the service regardless of the reason for such termination or modification.
3. You acknowledge that your only right or remedy with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your membership or subscription. However such right or remedy does not relieve you from any obligations under these Terms related to payment of any amounts owing to MealPal.
4. Infringing or Fraudulent Activity. MealPal does not permit infringement of any of the intellectual property rights of any person and reserves the right to terminate access to the Site and remove all content submitted by any persons who are suspected or found to be infringing the intellectual property rights of any person or who are causing, or may cause MealPal to do the same. Any suspected fraudulent, abusive, or illegal activity that MealPal considers grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies MealPal may have at law, in equity, under statute or otherwise.
ELIGIBILITY; REGISTRATION INFORMATION AND PASSWORD; SITE ACCESS
1. Eligibility Criteria. The availability of all or part of our Site may be limited based on demographic, geographic, or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to MealPal or may terminate your membership at any time based on these criteria. For example, you must be 18 years of age or older to use this Site or to subscribe to a membership.
2. THESE TERMS ARE ONLY APPLICABLE TO USERS IN AUSTRALIA AND SEPARATE TERMS APPLY TO USERS IN OTHER JURISDICTIONS. THE SITE IS NOT AVAILABLE TO ANY USERS SUSPENDED OR REMOVED FROM THE SITE BY MEALPAL OR WHO HAVE HAD THEIR MEMBERSHIP OR SUBSCRIPTION CANCELLED OR TERMINATED BY MEALPAL. BY USING THE SITE, YOU REPRESENT THAT YOU ARE A RESIDENT OF AUSTRALIA WHO HAS NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE. THOSE WHO CHOOSE TO ACCESS THE SITE DO SO AT THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL LAWS AND RULES IN RESPECT OF THE SUBJECT MATTER OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, RULES ABOUT THE INTERNET, DATA AND DATA SECURITY, EMAIL OR OTHER ELECTRONIC COMMUNICATIONS, INTELLECTUAL PROPERTY, OR PRIVACY.
3. Subscribing Organisations. If you are using or opening an account on behalf of a company, entity, or organisation (“Subscribing Organisation”), then you:
  1. represent and warrant that you are an authorised representative of that Subscribing Organisation with the authority to bind such organisation to these Terms;
  2. agree to be bound by these Terms on behalf of such Subscribing Organisation; and
  3. acknowledge and agree that you and the Subscribing Organisation will be jointly and severally liable for any breach of these terms by you or the Subscribing Organisation. You also acknowledge and agree that the Subscribing Organisation will be responsible for any taxes payable by the Subscribing Organisation as a result of making the Subscribing Organisation’s membership/account available to its employees, directors or office holders.
4. Account Information. Account registration requires you to submit to MealPal certain personal information, such as your name, address, and mobile phone number. You are permitted to create only one account. You represent that the information you provide to MealPal at registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.
5. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account information and password and for restricting access to your computer and your account, and you agree to accept responsibility for all activities that occur under your account and membership generally.
PRIVACY
1. Your privacy is important to MealPal. The MealPal Privacy Policy is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to MealPal’ collection, use, and disclosure of your Personal Information (as defined under the Privacy Act 1988 (Cth)). When you make a reservation, you hereby authorise the applicable Merchant to access certain information about you, such as (without limitation); your name and email address, so it can provide services to you, communicate with you regarding the meal(s) you reserved and send you other communication that may be of interest to you such as marketing offers. Please see the Privacy Policy for more information.
2. Personal Information. We will collect, use and store your personal information in accordance with these Terms, the Privacy Policy and applicable legislation, including for the purposes of making available the Site, complying with our legal obligations, and improving the user experience in relation to the Site.
PROHIBITED CONDUCT
1. You promise not to:
  1. harass, threaten, or defraud users, members or staff of MealPal or any Merchant;
  2. make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users;
  3. impersonate another person or access another user’s account without that person’s permission;
  4. share MealPal passwords with any third party or encourage any other user to do so;
  5. permit third parties to use any meals reserved under your own membership, including other members;
  6. cancel any MealPal meals directly with a Merchant, rather than through the Site;
  7. misrepresent the source, identity, or content of information transmitted via the Site, including deleting, modifying or obscuring the intellectual property or other proprietary rights of MealPal (including any trademarks);
  8. upload any material (e.g. virus or any other harmful code) that is damaging to the Site or the computer systems or data of MealPal, or users of the Site;
  9. upload any material that is not your own or that you do not have the legal right to licence, provide, distribute, display, or otherwise make available to others; or
  10. upload or send to Site users any unsolicited material or communications (including, without limitation; pornography or threatening, embarrassing, hateful, offensive, insulting, defamatory, or otherwise inappropriate content).
PROHIBITED USES
1. As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful, prohibited, or not contemplated by these Terms. You may not use the Site in any manner that, in our sole discretion, does or could damage, disable, overburden, impair the Site or otherwise interfere with any other party’s use and enjoyment of the Site.
2. You may not attempt to gain unauthorised access to the Site, or any part of the Site, other accounts, computer systems or networks connected to the Site, or any part of them, or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
3. You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein.
4. You may not obtain or attempt to obtain any materials or information not intentionally made available through the Site, through any means. You agree neither to modify, disassemble, decompile, reverse-engineer or obtain the source code or object code in the Site in any manner or form, nor to use any modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorised access to the Site. You acknowledge that the Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
5. MealPal reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
USER SUBMISSIONS OF REVIEWS
1. General. The Site provides certain features which enable you, us, and other users to submit, post, and share reviews and other content or materials. These submissions may include without limitation identification of restaurants, meals and orders you have placed, text, graphic and pictorial works, or any other content submitted or ordered by you and other users through the Site (“User Submissions”). User Submissions are displayed for informational purposes only and are not controlled by MealPal. MealPal does not and cannot guarantee any anonymity or confidentiality with respect to any User Submissions, and strongly recommends that you think carefully about what you upload to the Site. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not MealPal, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit, or otherwise make available through the Site, and MealPal disclaims and excludes all liability or responsibility to any person in respect of any content submitted to the Site by any person.
2. Right to Remove or Edit User Submissions. MealPal makes no representations that it will publish or make available on the Site any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Site, or to edit or remove any User Submission at any time with or without notice.
3. License Grant by You to MealPal. You retain all your ownership rights in original aspects of your User Submissions. By submitting User Submissions to MealPal, you hereby grant MealPal and its parents, subsidiaries, related bodies corporate, affiliates, sublicensees, partners, designees, and assignees of the Site (collectively, the “MealPal Licensees”) a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, translate, prepare derivative works of, publicly display, publish, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Site and MealPal’s (and its successors’) business activities, including (without limitation), for marketing, promoting, and redistributing part or all of the Site (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.
4. User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that:
  1. you will not submit any User Submissions which are, or are reasonably likely to be considered pornographic, threatening, embarrassing, hateful, offensive, insulting, defamatory, or otherwise inappropriate;
  2. you own, or have the necessary licenses, rights, consents, and permissions to use, and authorise MealPal to use all intellectual property rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by MealPal and these Terms, and to grant the rights and license set forth above; and
  3. your User Submissions, MealPal’s or any MealPal Licensee’s use of such User Submissions pursuant to these Terms, and MealPal’s or any of MealPal Licensee’s exercise of the license rights set forth above, do not and will not:
    1. infringe, violate, or misappropriate any third-party right, including any intellectual property rights;
    2. cause injury to any other person;
    3. violate these Terms or any applicable law or regulation; or
    4. require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others; and
  you indemnify and hold harmless MealPal, its parents, subsidiaries, related bodies corporate and affiliates, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns and their licensees, sublicensees, partners, designees, and assignees from any loss or damage which results from a claim, action or proceeding brought by any third party in respect of any of the matters outlined in this paragraph.
5. Removal of content. MealPal may, but is not obligated to, monitor and edit or remove any activity or content, including, but not limited to content, that MealPal determines in its sole discretion to violate or breach these Terms. MealPal takes no responsibility and assumes no liability for any User Submissions
6. Inaccurate or Offensive User Submissions. You understand that when using the Site, you may be exposed to User Submissions from a variety of sources and that MealPal does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that you may consider to be inaccurate, offensive, indecent, or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST MEALPAL WITH RESPECT THERETO.
7. Feedback. If you provide MealPal with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), MealPal shall have the right to use, or not use such Feedback in its sole discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant MealPal a perpetual, irrevocable, non-exclusive, royalty-free license under all rights necessary to incorporate and use your Feedback for any purpose.
OWNERSHIP; PROPRIETARY RIGHTS
The Site is owned and operated by MealPal. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by MealPal (“Materials”) are protected by the copyright, trade dress, patent, and trademark laws of Australia, Canada, the United States, the United Kingdom and other countries, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content uploaded by you, all Materials contained on the Site are the copyrighted property of MealPal or its parents, subsidiaries, related bodies corporate or affiliates and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to MealPal or its parents, subsidiaries, related bodies corporate, affiliates and/or third-party licensors. Except as expressly authorised by MealPal, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorised use of the Materials.
THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
The Site may include links or access to other web sites or services (“Linked Sites”) solely as a convenience to users. MealPal does not endorse any such Linked Sites or the information, material, products, or services contained on or accessible through those Linked Sites. Furthermore, MealPal makes no express or implied warranties or representations with regard to any Linked Site or the information, material, products, or services that are contained on or accessible through such Linked Sites and disclaims any and all liability in respect of the inclusion of any Linked Sites on the Site. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. YOU AGREE THAT MEALPAL WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.
NOTICE
Except as explicitly stated otherwise, legal notices will be served, with respect to MealPal, on the MealPal national registered agent, and, with respect to you, to the email address you provide to MealPal during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.
DISCLAIMERS; NO WARRANTIES
1. MEALS, AND OTHER NON-MEALPAL PRODUCTS AND SERVICES OFFERED VIA THE SITE ARE OFFERED AND PROVIDED BY THIRD PARTIES, NOT MEALPAL. YOUR COLLECTION AND USE OF THESE MEALS AND YOUR USE OF THESE NON-MEALPAL PRODUCTS AND SERVICES IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL MEALPAL BE LIABLE FOR ANY ACT, ERROR OR OMISSION BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY ACT, ERROR OR OMISSION WHICH ARISES OUT OF, OR IS ANY WAY CONNECTED WITH, A MEMBER’S VISIT TO A MERCHANT, A MEMBER’S USE OF OR CONSUMPTION OF A MEAL, SERVICE, PRODUCT, APPOINTMENT MADE THROUGH THE SITE, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY PROVIDER IN CONNECTION WITH THE SERVICES. MEALPAL IS NOT AN AGENT OF ANY THIRD PARTY PROVIDER.
2. THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, MATERIALS, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MEALPAL, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND PARTNERS, DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
3. WITHOUT LIMITING THE FOREGOING, MEALPAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS:
  1. THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, MATERIALS, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CODE OR COMPONENTS; OR
  2. REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, MATERIALS, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS DOWNLOADED (OR OTHERWISE) AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD (OR OTHERWISE) OF SUCH MATERIAL OR DATA.
WAIVER AND RELEASE
1. You acknowledge and agree that MealPal is not a restaurant or food provider or other service provider and the meals you consume are sourced and prepared by the applicable Merchant and not by MealPal. Although MealPal endeavours to offer inventory that is of high quality, MealPal is not responsible for and does not warrant or represent the quality of any meals or service.
2. Therefore, to the fullest extent permitted by law, you release, indemnify, and hold harmless MealPal, its parent, subsidiaries, related bodies corporate or affiliates, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or in any way related to your participation in or use of your MealPal membership or the Site, including (without limitation) with respect to bodily injury, physical harm, illness, death or property damage.
INDEMNIFICATION; HOLD HARMLESS
You agree to indemnify and hold MealPal, its parent, subsidiaries, related bodies corporate, affiliates, contractors, employees and agents, and its Merchants, suppliers and partners harmless from any claims, losses, damages, liabilities, including attorneys’ fees, arising out of your misuse of the Site, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants.
LIMITATION OF LIABILITY AND DAMAGES
1. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL MEALPAL OR ITS PARENT, SUBSIDIARIES, RELATED BODIES CORPORATE, AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR MERCHANTS, THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE, EVEN IF MEALPAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. TO THE EXTENT PERMITTED BY LAW, MEALPAL’S LIABILITY TO YOU IS LIMITED TO $50 OR THE AMOUNTS, IF ANY, PAID BY YOU TO MEALPAL UNDER THE TERMS OF YOUR MEMBERSHIP WITH MEALPAL IN THE THREE MONTHS IMMEDIATELY PRIOR TO THE EVENT FIRST GIVING RISE TO THE CLAIM, WHICHEVER IS MORE, REGARDLESS OF WHETHER MEALPAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
DISPUTE RESOLUTION
1. For the purpose of this clause:
  1. “MealPal” means MealPal and its parents, subsidiaries, related bodies corporate and affiliates, and each of their respective officers, directors, employees, and agents;
  2. “Dispute” means any dispute, claim, or controversy between you and MealPal regarding any aspect of your relationship with MealPal, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behaviour), or any other legal or equitable theory. “Dispute” is to be given the broadest possible meaning that will be enforced.
2. A party must not start court proceedings (except proceedings seeking interlocutory relief) unless it has first complied with this clause.
3. A party claiming that a Dispute has arisen must give the other party notice of the details of the Dispute (“Dispute Notice”).
4. When a Dispute Notice is given each party agrees to refer the Dispute for mediation by the Australian Commercial Dispute Centre Limited for resolution in accordance with the Conciliation Rules of the Australian Commercial Dispute Centre.
5. If the parties cannot resolve a Dispute in accordance with the process outlined at paragraph (d) above, then each party may commence court proceedings.
6. If a party breaches this clause in relation to a Dispute, the other party need not comply with this clause in relation to that Dispute.
7. The parties must continue to perform their respective obligations under these Terms pending the resolution of a Dispute.
8. Each party must pay its own costs of complying with this clause.
9. A mediator appointed in accordance with paragraph (d) above may not consolidate more than one person’s claims, and may not otherwise preside over any form of a className or representative proceeding or claims (such as a className action) unless otherwise agreed between the parties.
10. If any aspect of this clause is found to be illegal or unenforceable, then the relevant aspect will be severed from this clause and the remainder of the clause will be given full force and effect.
11. This clause shall survive the termination of your membership with MealPal and your use of the MealPal Site and services.
MISCELLANEOUS
1. Choice of Law; Forum. These Terms shall be governed in all respects by the laws of New South Wales, Australia and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.
2. You agree that any claim or dispute you may have against MealPal must be resolved by a court located in Sydney, New South Wales, except as otherwise agreed by the parties.
3. Assignment. We may assign our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns and licensees. For the avoidance of doubt, you may not assign, novate, transfer or otherwise, your rights and/or obligations under these Terms.
4. Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
5. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
6. Entire Agreement. These Terms, the Privacy Policy, and any applicable terms or policies incorporated into these Terms by reference (as amended from time to time, as set forth herein), constitute the entire agreement between you and MealPal relating to the subject matter herein.
7. Claims; Statute of Limitations. TO THE EXTENT PERMITTED BY LAW, YOU AND MEALPAL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
8. Disclosures. The services hereunder are offered by MealPal Australia Pty Limited (ACN 618 142 368) with a registered office address at MealPal Australia Pty Limited, Level 40, Governor Macquarie Tower, 1 Farrer Place, Sydney NSW 2000 and email: [email protected].
9. Waiver. No waiver of any of these Terms by MealPal is binding unless authorised in writing by an executive officer of MealPal. In the event that MealPal waives a breach of any provision of these Terms, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of these Terms and will in no manner affect the right of MealPal to enforce the same at a later time.