Welcome to the My Muscle Chef website, which is provided to you by My Muscle Chef Pty Ltd (ABN 92 162 190 070) (“My Muscle Chef”, “we”, “us”, “our”).
Your use of this website is governed by the policies, terms, and conditions set out below (“Terms”), so please read them carefully and contact us with any questions before you use the website. You can contact us at: email@example.com.
These Terms, together with any other policy in relation to the supply or return of goods that is made available on our website from time to time, form the whole of the agreement between you and My Muscle Chef in respect of your use of the website and any purchase of goods from My Muscle Chef (“Goods”) made through the website.
Your use of this website indicates your acceptance of these Terms and any other applicable policy. If you do not agree to the Terms, please do not use this website. To the extent that any inconsistency arises between these Terms and a separate policy published on our website, these Terms will apply. These Terms will otherwise supersede and replace any subsequent terms or conditions provided by you or on your behalf to us in connection with an order for Goods you make through our website (“Order”), whether or not such terms or conditions are signed by My Muscle Chef.
My Muscle Chef reserves the right to make changes to this website and these Terms at any time. By ordering or registering on our website you grant us the right to add your contact details to our database and use them to contact you regarding your Order, shipping, and other products or promotions. From time to time we may contact you about offers and new products. You can easily be removed from our subscriber list by either unsubscribing via a link in any email you receive from us, or by contacting our Customer Support at: firstname.lastname@example.org.
My Muscle Chef, and this website, are based in Australia and provide services only inside Australia. All dates and times referred to on our website or in any communication with you are references to AEST or AEDST as applicable, and all prices or other amounts are in Australian Dollars, inclusive of GST unless otherwise specified.
Licence to use Site
- a. We grant you a non-exclusive, non-transferable, royalty-free licence to use the website in accordance with these Terms.
- b. You may access and use the website (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the website for your own personal, non-commercial use.
- c. You must not add any content to the website:
- unless you hold all necessary rights, licences and consents to do so;
- ii. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
- that would bring us, or the website, into disrepute; or
- that infringes the intellectual property or other rights of any person.
- The website contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
- You acknowledge and agree that:
- we retain complete editorial control over the website and may alter, amend or cease the operation of the website at any time in our sole discretion; and
- the website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
If we believe that you have not complied with these Terms or any other agreement with My Muscle Chef at any time, we may immediately cancel any Order, terminate your access to this website, or restrict your use of the website, and you agree that we may do so without prior notice to you and without liability to you or anyone else.
Intellectual property rights
- Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the website.
- By posting or adding any content onto the website or otherwise supplying material or information to us by any means, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, modifying, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
- You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you supply any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
- The licence in clause 2(c) will survive any termination of these Terms.
- You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clause 2(b) and 2(c).
Our Liability to You
- To the fullest extent permitted by law, we exclude all liability, in contract or tort (including negligence), arising in connection with our website, goods, or services or these Terms, including any liability in respect of loss of data, interruption of business, viruses and other harmful components within the website or content, or any indirect, special, punitive, consequential, incidental or similar damages arising from your use of this website or its content or services, or from the purchase or supply of any goods.
- To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
- These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations (such as the non-excludable provisions of the Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010)). If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
- in the case of goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of having the goods repaired; and
- in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
- In respect of any liability which cannot be excluded in accordance with the above provisions, then we limit such liability, where lawful, to payment in the amount of $10 or the minimum amount permissible by law (if greater than $10).
Your Liability to UsYou are liable and solely responsible for:
You agree to indemnify My Muscle Chef (including our directors, employees, contractors, assigns, and related bodies corporate) (“Indemnified Parties”) from and against any and all claims (including in negligence), liabilities, costs, expenses (including legal fees) and loss suffered or incurred by the Indemnified Parties and arising in any way from any of the matters set out in paragraphs (a) – (d) above. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claims.
- Any content you supply to us;
- Your breach of any person's intellectual property rights (including those of My Muscle Chef);
- Your breach of these Terms or any other agreement with us; and
- Your breach of any applicable law.
- You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
- If a provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
- Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
- These terms are governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.
We use fresh ingredients weekly and cook our meals to order every week. Due to this reason to cancel your Order you must notify us within 24 hours of placing the Order. Subject to the non-excludable provisions of the Australian Consumer Law, any cancellation requests made after this time cannot be honoured as your meals will already be prepared. Therefore, you will be charged the full amount of the Order. Please contact us if you would like to cancel your Order.
Direct Debit Service
- Once you sign up for our direct debit service you will be charged on the same day every week, fortnight or month. The charge day depends on the day you placed your order and will be listed on your profile. Please note, that if your card is declined the charge dates may vary. In order to secure payments for future purchases tokenised payment information is securely stored on our servers. My Muscle Chef Pty Ltd never stores the actual card information on our servers and all payments are processed via a PCI compliant payment gateway.
- You can change your order anytime. However, to ensure the changes are effected for your next delivery you must make the changes prior to your charge date. Once the charge is processed we will be unable to update your order for that week. Future deliveries can still be updated via your profile.
- You can pause your order at anytime. Simply, log on to your profile to skip deliveries based on your preference. If you require any asssitance please contact us.
- You can cancel your direct debit at any time. However, please note that any payments already taken from your account for processed orders cannot be cancelled and will not be refunded.
- We deliver to areas in ACT, NSW, QLD, SA, VIC & WA. A flat rate is charged for each delivery based on your suburb. You can get more information about our delivery regions on our Delivery Page.
- If you are not home at time of delivery we will leave the order at the front door or in an area specified by you in the instructions when placing your order. The ice packs in the box allows it to be left in a shaded area for up to 5-8 hours (this may change based on weather temperature). My Muscle Chef Pty Ltd will not be liable for any damage to the product if left outside for extended periods of time nor if box is damaged or stolen after delivery.
- It is your obligation to enter the correct delivery address details at time of ordering. If you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.
- We will provide you with an estimated date of delivery of your meals and will make every effort to deliver by this date.
- If you live in a secured apartment complex, please ensure you are home to receive your delivery. If no one is available to collect your delivery please arrange a suitable time with our staff prior to the delivery date.
- If you are picking up your meals from a pickup location it is your responsibility to pickup the meals on the day of delivery within the specified time frame. There are no referigeration facilities at our pickup locations and the meals must be collected within the specified time frames. Please note, depending on the pickup location, all uncollected meals will be disposed off after a 24 hour period as the meals will be completely thawed out and unsafe to consume. My Muscle Chef Pty Ltd will not be held liable for any loss or damage resulting from failure to pickup the meals on the day of delivery.
- It is the responsibility of the customer to inform My Muscle Chef Pty Ltd by calling us on 1300 364 993 if an order does not arrive. Once we learn an order has not arrived on the due date, we will make enquiries and ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.
- Any transactions or purchases online can be made via American Express, MasterCard, Visa and Paypal only. All transactions are processed via our partner payment service Braintree Payments (a Paypal company). You can view their terms here. In order to secure payments for future purchases, in particular when you opt in for our subscription service, tokenised payment information is securely stored on our servers. My Muscle Chef Pty Ltd never stores the actual card information on our servers and all payments are processed via a PCI compliant payment gateway.
- All payments have to be made before your purchase can be delivered. When paying by card, if you have insufficient funds in your account or the card declines - the purchase will not go through. For direct transfers, your meals will only be delivered once the transfer has been completed.
- If you cannot pay using the methods above, please contact us on 1300 364 993 and we can try organise a solution for you.
All credit card payments are processed securely through a PCI compliant Payment Gateway (Braintree Payments) and payments are made directly through 256 bit SSL Encryption software to ensure your personal details are kept safe. My Muscle Chef Pty Ltd does not store any credit card information on our servers. We may also change or add additional payment gateways to our website in the future. We take reasonable steps to protect your personal information. However we are not liable for any unauthorised access to this information.
Acceptance of Order
We reserve the right to accept or reject your order for any reason, such as the unavailability of any product or service, an error in the price of the product or service or an error in your order.
Order Cancellations By Us
We reserve the right not to provide goods or services, remove or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.
Discounts & Promotions
Discounts or promotion codes are non-transferable and cannot be transferred or refunded for cash. Furthermore, My Muscle Chef Pty Ltd reserves the right, subject to applicable law, to cancel any promotion or discount without prior notice. Only a single discount or promotion code per order and cannot be used in conjunction with any other discounts or promotions.
Subscribe & Save
The subscribe and save promotion starts May 2019. All new subscribers will receive up to $10 off on their first delivery and all further deliveries until the promotion ends. If your delivery fee is below $10 you will not be charged a delivery fee. For existing subscribers, the same discount will be applied to your debits for deliveries starting from May 7, 2019 until the promotion ends.
Please feel free to contact us if you have any questions about these Terms.
Last updated: 21 June 2019