Last Updated: December 23, 2024
1. Definitions and Overview
These Terms of Service ("Terms") govern your access to and use of Better Cheat Meals' services and products. Throughout these Terms, "Better Cheat Meals," "we," "us," and "our" refer to Better Cheat Meals and its operations. The term "Service" encompasses all digital cookbooks, recipes, content, and resources provided through our websites, applications, and digital products. The terms "User," "you," and "your" refer to any individual or entity accessing or using our Service.
2. Health and Medical Disclaimer
PLEASE READ THIS SECTION CAREFULLY:
Better Cheat Meals provides recipes and nutritional information for informational purposes only. We are not medical professionals, registered dietitians, or licensed nutritionists, and our content does not constitute medical advice. Any nutritional values provided are estimates generated through WP Recipe Maker and may vary based on ingredients and preparation methods.
You expressly acknowledge and agree that you are solely responsible for:
- Evaluating the suitability of any recipe or recommendation for your personal circumstances
- Checking ingredients for potential allergens
- Consulting healthcare professionals regarding your dietary needs
- Making informed decisions about your health and diet
- Verifying any nutritional calculations or health claims independently
3. Nutritional Information Disclosure
3.1. Calculation and Accuracy
The nutritional information provided through the Service is calculated using WP Recipe Maker and other third-party nutrition calculation tools. This information is provided solely as a courtesy and approximate guide. You expressly acknowledge and agree that:
a) Nutritional values are estimates only and may vary significantly based on:
- Specific brands of ingredients used
- Ingredient substitutions or modifications
- Portion size variations
- Cooking methods and temperatures
- Natural variations in fresh ingredients
- Regional and seasonal differences in ingredients
- Manufacturing and product formulation changes
b) While we strive for accuracy, we make no guarantees regarding:
- The completeness of nutritional information
- The accuracy of caloric content
- The precision of macro and micronutrient calculations
- The applicability to specific dietary requirements
- The suitability for medical or health conditions
- The accuracy of allergen information
3.2. Third-Party Data Sources
Nutritional calculations may rely on data from various third-party sources, including but not limited to:
- USDA National Nutrient Database
- Manufacturer-provided information
- Industry standard reference materials
- WP Recipe Maker's database
We do not independently verify this third-party data and cannot guarantee its accuracy or completeness.
3.3. Use of Nutritional Information
You agree that any reliance on the nutritional information provided through the Service is strictly at your own risk. For medically-necessary or health-critical nutritional information, you must independently verify all values and consult with qualified healthcare professionals.
4. Product Terms and Purchases
4.1. Digital Products
All sales of digital products are final and non-refundable. Your purchase grants you a personal, non-transferable license to access and use the digital content for personal purposes only. Digital products are delivered immediately upon payment confirmation, and prices are subject to change without notice.
4.2. Payment and Information
You agree to provide accurate and complete payment information for all purchases. All prices are in the specified currency shown at checkout, and you are responsible for any applicable taxes or additional charges.
5 Service Discontinuation and Termination
5.1. Service Discontinuation Notice
In the event Better Cheat Meals ceases operations or discontinues the Service, we will:
- Provide thirty (30) days advance written notice to all active members via email
- Maintain access to the Service during the notice period
- Allow members to download or save any accessible recipes and content during the notice period
- Terminate access to all digital products and services after the notice period expires
5.2. Member Rights During Notice Period
During the thirty (30) day notice period, members shall have the right to:
- Access all digital products they have purchased
- Download available recipes and content for personal use
- Save or export any personal data or favorites
- Receive support for technical issues related to content access
5.3. Post-Discontinuation Terms
Upon expiration of the notice period:
- Access to all digital products and services will cease
- No refunds will be issued for any purchased products
- All licenses granted under these Terms will terminate
- Better Cheat Meals will have no further obligations to maintain or provide access to any content
5.4. Data Retention
Following service discontinuation, Better Cheat Meals will:
- Retain user data only as required by law
- Securely dispose of any personal information in accordance with our Privacy Policy
- Maintain appropriate records of past transactions as required by applicable regulations
6. Content Usage and Intellectual Property
6.1. Your Use of Content
You are granted a limited, non-exclusive, non-transferable license to access and use our content for personal, non-commercial purposes. You may not copy and paste posts verbatim from our website. Any sharing of recipes must include proper attribution and links to the original source.
6.2. Our Intellectual Property Rights
All content, including but not limited to recipes, images, text, graphics, logos, and software, is the exclusive property of Better Cheat Meals and is protected by copyright, trademark, and other intellectual property laws. You may not modify, reproduce, distribute, create derivative works, or exploit any portion of the Service without our express written consent. Violation of these terms may result in immediate termination of your access without refund.
6.3. Your Content Submissions
By submitting any content to our Service, you retain your intellectual property rights but grant Better Cheat Meals a worldwide, nonexclusive, irrevocable license to use, reproduce, modify, adapt, publish, and distribute such content for promotional, business development, and marketing purposes. You represent and warrant that you have all necessary rights to submit such content and that it does not infringe upon any third party's rights.
7. Limitation of Liability
7.1. General Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
Better Cheat Meals, its affiliates, officers, directors, employees, agents, partners, suppliers, and licensors (collectively, the "Released Parties") shall not be liable for any damages arising from or relating to your use of the Service. This limitation applies to any and all damages or injury whatsoever including, but not limited to, direct, indirect, incidental, special, punitive, consequential, or exemplary damages, regardless of the form of action, whether in contract, tort, negligence, strict liability, or otherwise, even if the Released Parties have been advised of the possibility of such damages.
7.2. Specific Limitations
Without limiting the generality of the foregoing, the Released Parties specifically disclaim any liability for:
a) Health and Medical Related Claims:
- Any adverse reactions, allergies, or health conditions resulting from the use of our recipes
- Nutritional information accuracy or completeness
- Dietary or health recommendations
- Food preparation or handling outcomes
- Any medical conditions or complications arising from following our content
- Interactions between our recommended ingredients and medications
- Claims related to weight management or dietary outcomes
b) Technical and Operational Issues:
- Service interruptions, delays, or failures
- Data loss, corruption, or breach
- Communication failures or technical malfunctions
- Computer viruses, malware, or other harmful components
- Unauthorized access to or alteration of transmissions or data
- Errors, mistakes, or inaccuracies in content
- Personal injury or property damage resulting from your access to or use of our Service
c) Financial and Commercial Losses:
- Loss of profits, revenue, or anticipated savings
- Business interruption or lost business opportunities
- Loss of programs or other data
- Cost of substitute goods or services
- Any other commercial damages or losses
d) Third-Party Related Issues:
- Content, advertisements, or behavior of any third party
- Websites or resources linked from our Service
- Products or services advertised or offered by third parties
- Representations or warranties made by third-party providers
7.3. Liability Cap
The aggregate liability of the Released Parties for all claims relating to the Service shall not exceed the lesser of: i) The total amount paid by you to Better Cheat Meals during the twelve (12) months prior to the claim; or ii) One Hundred United States Dollars (USD $100)
7.4. Essential Purpose
You acknowledge that the limitations of liability set forth in this section are essential elements of the basis of the bargain between Better Cheat Meals and you, and will apply even if found to have failed their essential purpose.
7.5. Jurisdictional Limitations
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so portions of the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
7.6. Time Limitation
You agree that any claim or cause of action arising out of or related to these Terms or the Service must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
8. Acceptable Use
8.1. Lawful Purposes
You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not engage in any activity that interferes with or disrupts the Service or violates any applicable laws or regulations.
8.2. Prohibited Activities
You are expressly prohibited from:
- Using the Service for any illegal or unauthorized purpose
- Harassing, abusing, or harming others
- Interfering with the proper operation of the Service
- Attempting to gain unauthorized access to the Service
- Copying, scraping, or reverse engineering any part of the Service
- Circumventing any security measures
9. Global Usage and Compliance
9.1. International Use
The Service is intended for global use where permitted by law. You acknowledge and agree that your use of the Service must comply with all applicable local, national, and international laws and regulations. You are solely responsible for ensuring that your use of the Service, including any recipes or dietary recommendations, complies with local dietary guidelines and restrictions.
9.2. Export Compliance
You agree to comply with all applicable export control laws and regulations. You shall not access or use the Service if you are located in a jurisdiction where such access or use would be prohibited or otherwise restricted.
10. Indemnification
You agree to defend, indemnify, and hold harmless Better Cheat Meals, its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
a) Your violation of these Terms b) Your use of the Service c) Any adverse health effects claimed to result from following our recipes or recommendations d) Your violation of any third-party rights e) Any content submitted, posted, or otherwise provided by you to the Service
11. Dispute Resolution
11.1. Mandatory Process
Prior to initiating any legal action, you agree to engage in mandatory mediation in good faith. If mediation fails to resolve the dispute, any subsequent legal proceedings shall be resolved through binding arbitration. You expressly waive your right to participate in a class action lawsuit against Better Cheat Meals.
11.2. Legal Proceedings and Governing Law
These Terms shall be governed by and construed in accordance with the laws of New Zealand, as Better Cheat Meals' principal place of business, without giving effect to any principles of conflicts of law that would cause the application of the laws of any other jurisdiction. This choice of law provision is not intended to exclude any mandatory consumer protection laws in your jurisdiction of residence.
You agree that any legal proceedings against Better Cheat Meals must be commenced in New Zealand, though Better Cheat Meals retains the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant jurisdiction. The prevailing party in any legal proceeding shall be entitled to recover reasonable legal fees and other costs incurred.
All prices displayed on the Service will be in the currency specified at the point of sale. Currency conversion rates for international transactions will be determined by your payment provider, and additional fees may apply.
12. Modifications and Updates
12.1. Terms Updates
We reserve the right to modify these Terms at any time in our sole discretion. Any changes to these Terms will be effective immediately upon posting the revised Terms on the Service. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes.
12.2. Service Changes
We reserve the right to withdraw or modify the Service, and any service or material we provide via the Service, in our sole discretion without notice. We shall not be liable if for any reason all or any part of the Service is unavailable at any time or for any period.
13. Severability and Assignment
13.1. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the validity, legality, and enforceability of the remaining provisions shall not be affected thereby.
13.2. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Better Cheat Meals without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
14. Contact Information
For questions about these Terms, contact us at: ashley@bettercheatmeals.com
15. Acknowledgment
By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service in their entirety. If you disagree with any part of these terms, you must not access the Service.