Last Update 7/23/2018
By signing up for the Meal Prep Tech services or any of the services of Meal Prep Tech LLC (“Meal Prep Tech”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by Meal Prep Tech under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”), in person (“POS Services”), or both. Any such services offered by Meal Prep Tech are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.mealpreptech.com/terms. Meal Prep Tech reserves the right to update and change the Terms of Service by posting updates and changes to the Meal Prep Tech website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
Subject to section 2.1.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
Upon completion of sign up for the Service, you authorize Meal Prep Tech to create a CardConnect merchant account on your behalf, using the required information in the registration process. You acknowledge and agree that CardConnect and Meal Prep Tech will be your default payments gateway(s) and that it is your sole responsibility as the Account Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them. For the avoidance of doubt, CardConnect is a Third Party Service, as defined in Section 14 of these Terms of Service.
We reserve the right to modify or terminate the Service for any reason, without notice at any time. We reserve the right to refuse service to anyone for any reason at any time. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a store, or the Materials uploaded or posted to a store, violate our Acceptable Use Policy (“AUP”) or these Terms of Service. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Meal Prep Tech customer, Meal Prep Tech employee, member, or officer will result in immediate Account termination. Meal Prep Tech does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Meal Prep Tech employees and contractors may also be Meal Prep Tech customers/merchants and that they may compete with you, although they may not use your confidential information in doing so. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc. Meal Prep Tech retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Meal Prep Tech reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
You expressly understand and agree that Meal Prep Tech shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service. In no event shall Meal Prep Tech or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Meal Prep Tech partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. Meal Prep Tech does not warrant that the Service will be uninterrupted, timely, secure, or error-free. Meal Prep Tech does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. Meal Prep Tech does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
The failure of Meal Prep Tech to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and Meal Prep Tech and govern your use of the Service, superseding any prior agreements between you and Meal Prep Tech (including, but not limited to, any prior versions of the Terms of Service).
You may establish the appearance of your connected Meal Prep Tech website with a design template from Meal Prep Tech’s Website Store (“a Template”). If you purchase a Template, you are licensed to use it for a single store only. You are not permitted to transfer or sell a Template to any other person’s on Meal Prep Tech or elsewhere. Multiple stores require multiple Templates and each Template is subject to the applicable fee. Meal Prep Tech gives no assurance that a particular Template will remain available for additional purchases. Meal Prep Tech may add or modify the footer or any indication that refers to Meal Prep Tech at its discretion. Meal Prep Tech may modify the Template where it contains, in our sole discretion, an element that violates the Meal Prep Tech AUP or the Terms of Service, even if you received the Template in that condition. Meal Prep Tech may modify the Template to reflect technical changes and updates as required. The intellectual property rights of the Template remain the property of the designer. If you exceed the rights granted by your purchase of a Template, the designer may take legal action against you, and Meal Prep Tech may take administrative action such as modifying your store or closing your store. Technical support for a Template is the responsibility of the designer, and Meal Prep Tech accepts no responsibility to provide such support. Meal Prep Tech may be able to help you contact the designer. It is the responsibility of the user, and not Meal Prep Tech, to ensure that the installation of a new Template does not overwrite or damage the current or preexisting template, theme, or UI, of the user.
Meal Prep Tech Resellers are independent third parties (“Resellers”) that may help you set up and operate your Meal Prep Tech account. Meal Prep Tech does not employ Resellers and is in no way affiliated with Resellers. Meal Prep Tech does not endorse Resellers and takes no responsibility for any work performed by Resellers or failure to fulfill a work order. Links to websites of Resellers, announcements about services or offers, and responses to email inquiries regarding Resellers, are provided solely for informational purposes at the discretion of Meal Prep Tech and shall not be construed or imply permission, or an affiliation, position regarding any issue in controversy, authentication, appraisal, sponsorship, nor a recommendation or endorsement of any website, product, service, activity, business, organization, or person, and any offers, products, services, statements, opinions, content or information on any linked third-party website. Under no circumstances shall Meal Prep Tech be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages that result from any contractual relationship between you and Meal Prep Tech Resellers. These limitations shall apply even if Meal Prep Tech has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.
Meal Prep Tech Ordering Service is an online service available to users (the “Ordering Service”) that allows you to purchase goods available for wholesale purchase by third parties (“Ordering Service Content”). Meal Prep Tech does not pre-screen Ordering Service Content and we may refuse or remove any Ordering Service Content at any time and in our sole discretion. We may, but have no obligation to, review and remove Ordering Service Content containing Materials that we determine in our sole discretion violate the Meal Prep Tech AUP or the Terms of Service. You are solely responsible for all of the terms and conditions of any transactions involving the purchase or sale of Ordering Service Content, including without limitation, terms regarding payment, returns, warranties, shipping, handling, transportation, storage, liability, insurance fees, applicable taxes, title and licenses, all of which must be in accordance with applicable law. The Terms apply to the sale or offering of sale of any Ordering Service Content, and you agree to comply with the Terms regardless of whether or not the transaction respecting Ordering Service Content is processed using the Services. Meal Prep Tech reserves the right, in its sole discretion, to increase the Transaction Fees applicable to the sale of any Ordering Service Content. Under no circumstances shall Meal Prep Tech be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation damages that result from any transaction involving the Ordering Service Content or any resulting contractual relationship between yourself and a purchaser. These limitations shall apply even if Meal Prep Tech has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.
You will pay the Fees applicable to your subscription to Online Service and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account (“Transaction Fees”), and any fees relating to your purchase of any products or services such as POS Equipment, shipping, apps, Templates, domain names or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”. You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. Meal Prep Tech will charge applicable Fees to the bank account that you authorize (“Authorized Account), and Meal Prep Tech will continue to charge the Authorized Account (or any replacement account) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency. Subscription Fees are paid in advance and will be billed in 1 month intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at Meal Prep Tech’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees. All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”). If you are a resident of Canada, you are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Meal Prep Tech’s products and services. These Taxes are based on the rates applicable to the Canadian billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate. If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of Meal Prep Tech’s products and services, including without limitation, your subscription to or purchase of Meal Prep Tech’s Online Services, POS Services, POS Equipment, apps, Templates and domains (“Taxable Offerings”). Any applicable Taxes are based on the rates applicable to the U.S. billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to the Fees for the Taxable Offerings and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate. To the extent that you are an individual and not a corporation or other legal entity, and your location of usage changes to a place in Canada or the U.S., you must advise us immediately by email to firstname.lastname@example.org. Meal Prep Tech does not provide refunds.
You may cancel your Account at anytime by emailing email@example.com and then following the specific instructions indicated to you in Meal Prep Tech’s response. Upon termination of the Services by either party for any reason: Meal Prep Tech will cease providing you with the Services and you will no longer be able to access your Account; unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise; any outstanding balance owed to Meal Prep Tech for your use of the Services through the effective date of such termination will immediately become due and payable in full; and your store website will be taken offline. If your website is integrated with Meal Prep Tech, following cancellation, it will be your sole responsibility to handle all matters related to your website, domain, and hosting. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again. We reserve the right to modify or terminate the Meal Prep Tech Service or your Account for any reason, without notice at any time. Fraud: Without limiting any other remedies, Meal Prep Tech may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Prices for using the Services are subject to change upon 30 days’ notice from Meal Prep Tech. Such notice may be provided at any time by posting the changes to the Meal Prep Tech Site (mealpreptech.com) or via an announcement email. Meal Prep Tech reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice. Meal Prep Tech shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Meal Prep Tech’s partners or other third parties. Meal Prep Tech may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or Meal Prep Tech’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. We do not provide any warranties with respect to Third Party Services. You acknowledge that Meal Prep Tech has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on Meal Prep Tech’s websites, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Meal Prep Tech. Meal Prep Tech strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers. If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Meal Prep Tech is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials. Google Maps is a Third Party Service that is used within the Services. Your use of the Service is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, as it may be amended by Google from time to time. Under no circumstances shall Meal Prep Tech be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if Meal Prep Tech has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Meal Prep Tech partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.