Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to MegFitt. The terms “we,” “us,” and “our” refer to MegFitt. MegFitt operates this online store and website, including the information, content, features, tools, products, and services made available through the store (the “Services”). Our online store is powered by Shopify.

These Terms of Service (“Terms”) describe your rights and responsibilities when accessing our website or purchasing products through the MegFitt online store.

These Terms currently apply to online store purchases only, including prepared meals and other products offered for purchase through the MegFitt website.

MegFitt may also offer custom meal plans, nutrition services, assessments, coaching, subscriptions, app access, and other services. Separate terms for those services are pending and will apply independently when provided.

By visiting, interacting with, purchasing from, or otherwise using the MegFitt online store, you agree to these Terms of Service and our Privacy Policy. If you do not agree with these Terms, you should not use our online store.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence or that you have permission from a parent or legal guardian to use the Services.

When placing an order, you may be required to provide information including your name, email address, phone number, billing information, payment information, delivery address, and other information necessary to complete your purchase.

You agree that all information you provide is accurate, complete, and current.

You are responsible for maintaining the security of your account information and for activity occurring through your account.

SECTION 2 – OUR PRODUCTS

MegFitt provides freshly prepared food and meal products through our online store.

We make reasonable efforts to accurately display and describe our meals, ingredients, portions, and products. However, because meals are prepared fresh, the appearance, presentation, color, portion placement, or other characteristics may vary slightly from photographs shown online.

Product descriptions, ingredients, menu offerings, pricing, and availability may change at any time.

Ingredients for our meals are provided on the MegFitt website. Customers are responsible for reviewing ingredients before purchasing and selecting meals appropriate for their personal dietary requirements, food sensitivities, or allergies.

MegFitt reserves the right to discontinue products, change menu items, substitute unavailable ingredients when reasonably necessary, or limit quantities.

SECTION 3 – ORDERS

When you submit an order through the MegFitt online store, you are offering to purchase the products included in that order.

MegFitt reserves the right to accept, reject, limit, or cancel an order when reasonably necessary.

Payment must be successfully processed before an order is considered confirmed.

Please carefully review your meals, quantities, delivery or pickup information, and contact information before submitting your order.

Order Cancellations

Cancellation requests must be made before Saturday.

Beginning Saturday, grocery lists and individual order requirements are finalized and ingredients may be ordered or purchased specifically for customer orders.

Once this process has begun, the order becomes non-refundable.

All cancellations, refunds, credits, missing items, and product issues are also subject to our Refund Policy.

SECTION 4 – PRICES AND BILLING

Prices, discounts, menu pricing, and promotions may change without notice.

The price charged will be the price displayed when your order is submitted, subject to correction of obvious pricing or technical errors.

Applicable taxes, delivery fees, or other charges will be displayed during checkout when applicable.

You agree to provide accurate and complete billing and payment information.

By submitting payment information, you represent that you are authorized to use the selected payment method and authorize MegFitt and its payment processors to charge the amount shown at checkout.

SECTION 5 – DELIVERY AND PICKUP

MegFitt offers delivery and/or pickup according to the options available during checkout.

Delivery and pickup times are estimates and may be affected by weather, traffic, kitchen operations, order volume, emergencies, or circumstances outside our reasonable control.

Customers are responsible for providing a complete and accurate delivery address and contact information.

If delivery cannot be completed because an incorrect address was provided or because the customer is unavailable to receive the order when required, the order is non-refundable.

If a customer misses a scheduled pickup, the prepared meals are non-refundable. The customer may contact MegFitt to arrange pickup of the meals from the MegFitt kitchen, subject to availability and food-safety considerations.

Customers should refrigerate or otherwise properly store meals promptly after receiving them.

Any damaged, leaking, incorrect, or potentially spoiled meal must be reported to MegFitt within 2 hours of delivery, along with a clear photograph of the meal and packaging.

SECTION 6 – INTELLECTUAL PROPERTY

The MegFitt website and its content, including the MegFitt name, logos, branding, text, photographs, meal photographs, graphics, designs, videos, recipes where proprietary, product descriptions, and other materials, are owned by or licensed to MegFitt and are protected by applicable intellectual-property laws.

You may use our website for personal, non-commercial purposes only.

You may not reproduce, distribute, copy, modify, sell, republish, or commercially exploit MegFitt content without prior written permission.

SECTION 7 – OPTIONAL TOOLS

We may provide access to tools, applications, payment systems, or services operated by third parties.

These third-party tools may be provided “as is” and “as available.”

Your use of third-party tools is at your own discretion and may also be governed by the terms and privacy policies of the applicable third party.

We may add or remove features, tools, or resources from our online store in the future.

SECTION 8 – THIRD-PARTY LINKS

Our website may contain links or integrations operated by third parties.

MegFitt is not responsible for the content, accuracy, availability, policies, products, or services of third-party websites.

You should review the terms and privacy practices of third-party services before using them or making purchases through them.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

MegFitt is powered by Shopify, which provides technology that enables us to operate our online store.

However, purchases made through the MegFitt store are transactions directly between the customer and MegFitt.

Shopify is not the seller of MegFitt products and is not responsible for the preparation, fulfillment, delivery, quality, or use of products purchased from MegFitt.

SECTION 10 – PRIVACY POLICY

Personal information collected through the MegFitt online store is handled according to our Privacy Policy.

Because our online store is powered by Shopify, certain information may also be processed by Shopify and other third-party service providers necessary to process payments, operate our store, fulfill orders, and provide related services.

Please review the MegFitt Privacy Policy for additional information.

SECTION 11 – FEEDBACK AND REVIEWS

If you voluntarily submit reviews, photographs, comments, suggestions, feedback, testimonials, or other content to MegFitt, you represent that you have the right to provide that content.

You agree not to submit content that is unlawful, fraudulent, abusive, defamatory, misleading, obscene, or that violates another person's intellectual-property or privacy rights.

MegFitt may remove content that violates these Terms or applicable law.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website may contain typographical errors, inaccuracies, or omissions relating to meal descriptions, ingredients, pricing, promotions, availability, delivery information, or other content.

MegFitt reserves the right to correct errors, update information, or cancel an affected order when reasonably necessary.

If we cancel an order because of an error on our part, any amount paid for the canceled item will be appropriately refunded or credited.

SECTION 13 – PROHIBITED USES

You may use the MegFitt online store only for lawful purposes.

You may not use our Services to:

  • Violate applicable laws or regulations;

  • Commit fraud;

  • Submit false or misleading information;

  • Infringe MegFitt's or another person's intellectual-property rights;

  • Harass or abuse employees, customers, or other persons;

  • Introduce viruses, malicious software, or harmful code;

  • Attempt unauthorized access to our website or systems;

  • Collect personal information about others without authorization;

  • Interfere with the security or operation of the website; or

  • Use the website for unlawful commercial exploitation.

MegFitt may suspend or terminate access when these Terms are violated.

SECTION 14 – AUTOMATED AGENTS

Automated systems, bots, agents, scraping tools, or similar technology may not access or interact with the MegFitt website in a manner that circumvents security controls, misrepresents itself as a human user, interferes with the operation of the website, or violates applicable law.

MegFitt reserves the right to restrict automated access when necessary to protect our website, customers, or business.

SECTION 15 – TERMINATION

MegFitt may suspend or terminate access to the online store if a customer violates these Terms, abuses the Services, engages in fraudulent activity, or creates a risk to MegFitt, its customers, or third parties.

Any payment obligations or other provisions that reasonably should continue after termination will remain in effect.

SECTION 16 – DISCLAIMER OF WARRANTIES

Information provided through the MegFitt online store is provided for general product and purchasing purposes.

Product descriptions, ingredient information, nutritional information, photographs, and other website content are provided in good faith, but minor variations may occur in freshly prepared products.

Customers are responsible for determining whether a meal is appropriate for their individual dietary needs.

Nothing presented on the online store should be interpreted as individualized medical advice, diagnosis, or treatment.

To the fullest extent permitted by applicable law, the website and its Services are provided on an “as is” and “as available” basis.

SECTION 17 – LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, MegFitt and its owners, employees, contractors, service providers, and affiliates will not be liable for indirect, incidental, special, punitive, or consequential damages arising from use of the online store or products purchased through it.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

SECTION 18 – INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless MegFitt and its owners, employees, contractors, affiliates, service providers, and Shopify from third-party claims arising from your unlawful use of the Services, violation of these Terms, or violation of another person's rights.

SECTION 19 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the greatest extent permitted by law and the remaining provisions will continue in effect.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

MegFitt's failure to enforce any provision of these Terms does not constitute a waiver of that provision.

These Terms, together with our Refund Policy, Privacy Policy, and other policies expressly incorporated into them, constitute the agreement governing purchases through the MegFitt online store.

SECTION 21 – ASSIGNMENT

Customers may not transfer or assign their rights or obligations under these Terms without MegFitt's prior written consent.

MegFitt may assign or transfer its rights or obligations as permitted by applicable law.

SECTION 22 – GOVERNING LAW

These Terms and online purchases made through MegFitt will be governed by applicable United States federal law and the laws of the State of North Dakota, without regard to conflict-of-law principles.

Any dispute will be subject to the jurisdiction of the appropriate courts where MegFitt is headquartered, except where applicable consumer law requires otherwise.

SECTION 23 – HEADINGS

Section headings are provided for convenience and do not limit or otherwise affect the interpretation of these Terms.

SECTION 24 – CHANGES TO TERMS OF SERVICE

MegFitt may update these Terms from time to time by publishing an updated version on our website.

Changes will become effective as provided in the updated Terms or as required by applicable law.

The version posted on our website at the time of an order will generally apply to that transaction.

SECTION 25 – CONTACT INFORMATION

Questions regarding these Terms of Service or an online order may be sent to:

MegFitt
Email: maggie@megfitt.com
Address: 1032 Airport Rd
Bismarck, ND 58503
United States