Terms & Conditions

A legal disclaimer

Last updated on 9 October 2025

Benjamin Thompson

ABN 19 115 477 231

FOOD SERVICE TERMS AND CONDITIONS

Welcome to Fuel & Prep Co.

In these terms, we refer to Benjamin Thompson ABN 19 115 477 231 trading as “Fuel & Prep Co” as “Fuel & Prep Co “, “our”, “we”, or “us”.

And you are you!

What are these terms about?

These terms apply when you:

A. purchase any of our packaged meals through this Website (“Pre-Packaged Meals”), including as part of a Subscription; and/or

B. engage us for our customised meal plan and preparation services (“Meal Plans”),

the payment for either of which, are referred to in these terms as an ‘Order’.

These terms also apply when you use this website, being https://fuelandprepco.com/ and any other websites we operate with the same domain name and a different extension (“Website”).

What happens if I submit an Order?

By submitting an order for purchase of a Pre-Packaged Meal (including as part of a Subscription) and/or a Meal Plan using the Website’s functionality (Order) you represent and warrant that:

A. you have the legal capacity and are of sufficient age to enter into a binding contract with us; and

B. you are authorised to use the debit or credit card you provide with your Order.

Submitting an Order constitutes your intention and offer to enter into Part Aand/or Part B of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Order in exchange for the fees.

Part Aand/or Part B of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.

How do I read these terms?

We separated these terms into four parts, so they are easy to read and understand.

Those parts are:

· Part A: Terms for when you buy Pre-Packaged Meals;

· Part B: Terms for when you buy a Meal Plan;

· Part C: Terms for when you browse and interact with this Website (applies when you browse)

· Part D: Liability and warranties, and interpretation provisions (applies to buying and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or submit an Order unless you have read and agree to these terms.

I’ve returned to your Website, do I need to read these terms again?

Once you place an Order, the terms accepted at the point of sale will apply to you. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or submit an Order. You can check the date at the top of this page to see when we last updated these terms.

Part A For When You Buy Pre-Packaged Meals…

1 ACCOUNTS

(a) To submit an Order, you may be required to sign-up, register and receive an account through the Website, including if you wish to purchase Pre-Packaged Meals as part of a Subscription (an Account).

(b) As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.

(c) You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.

(d) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.

(e) We may suspend or cancel your Account if you do not comply with these terms or any other reason on notice to you.

2 eligibility

To sign up for an Account or otherwise engaging with our services, you must:

(a) be at least 18 years old and otherwise have the legal capacity to enter into a binding legal agreement with us; or

(b) if you are accepting this agreement on behalf of another person, you have the consent of that person to enter into this agreement and you represent and warrant that that person agrees to the terms and conditions of this agreement; and

3 pre-packaged meals

3.1 ALLERGIES

(a) Pre-Packaged Meals may contain traces of all major allergens, including but not limited to milk, eggs, gluten, soy, peanuts, sesame, tree nuts, shellfish, fish, lupin, and sulphites.

(b) You acknowledge and agree that it is your responsibility to check the ingredients displayed on the Website and the packaging and account for any food allergies you or any third parties who are likely to consume a Pre-Packaged Meal, may have. We do not modify the Pre-Packaged Meals to accommodate allergies so please do not order any Pre-Packaged Meals that contain ingredients that you or a third party is allergic to.

(c) We try to use best-practice hygiene and food safety measure and will take all reasonable steps to ensure that traces of allergens are not contained in Pre-Packaged Meals marked as being free of a particular allergen. However, we make no guarantee that any meals are completely free from any ingredient or free from cross-contamination. By making an Order, you acknowledge and accept this risk.

3.2 OUR PACKAGING

(a) We use cool packaging technology to ensure our meals stay fresh while in transit.

(b) You acknowledge and agree that our packaging is not designed to keep Pre-Packaged Meals cool and fresh for any longer than an hour once delivered. Once delivered, you are responsible for storing Pre-Packaged Meals in appropriate places and in accordance with the instructions we provide you.

(c) (Chiller Boxes) Our chiller boxes and any included cooling elements may be labelled as non-toxic; however, they are not fit for human consumption. These items are intended solely for the purpose of keeping food cool and fresh during transport. Under no circumstances should customers consume or ingest any part of the packaging or cooling materials. We accept no responsibility or liability for any harm or injury resulting from misuse or consumption of packaging components.

3.3 labelling and instructions

(a) (Instructions) You are solely responsible for following all instructions provided with your Meal and/or Meal Plan, including but not limited to recipe preparation and heating instructions, proper food storage (such as keeping refrigerated items at or below 5°C and frozen items at or below -18°C), and ensuring that all meals are consumed by the stated expiration date. Fuel & Prep Co is not liable for any adverse outcomes resulting from failure to follow these instructions.

(b) (Weight Variation) While Fuel & Prep Co uses its best endeavours to ensure that each Meal and/or Meal Plan is weighed and measured accurately, there may be a weight variation of at least ±10 grams. As such, we cannot guarantee that the weight of any item will be exactly as stated or is exact, and all weights should be considered approximate calculations.

(c) (Percent Daily Intake Disclaimer) Percent Daily Intake values are based on an average daily intake of 2,000 calories (or approximately 8,368 kilojoules (kJ)). Your individual nutritional needs may vary depending on your specific energy requirements. The nutritional values provided in each Meal or Meal Plan are estimates only and may not be 100% accurate, as the recipes have not been professionally evaluated or assessed by a qualified nutritionist, nor have they been reviewed or approved by the Food Standards Australia New Zealand (FSANZ).

3.4 SUBSTITUTE INGREDIENTS

(a) From time to time, due to supply constraints beyond our control, we may need to substitute ingredients for certain Pre-Packaged Meals.

(b) We will notify you if we will be sending you a Pre-Packaged Meal with a substituted ingredient.

3.5 DISPLAY OF Pre-Packaged MEALs

We will endeavour to ensure that the Pre-Packaged Meals provided will be substantially the same as the Pre-Packaged Meals displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note however, that due to screen display, colour and brightness, and image quality, Pre-Packaged Meals may not exactly match the image on our Website.

3.6 title and risk

Until the price of your Pre-Packaged Meals is paid in full, title in those Pre-Packaged Meals is retained by Fuel & Prep Co. Risk in the Pre-Packaged Meals will pass to you on delivery in accordance with clause 6. Delivery must not be refused by you.

3.7 THIRD PARTY RE-SALE

You are not permitted to purchase any Pre-Packaged Meals for resale to a third party or for commercial or trade purposes.

4 subscription plans

4.1 selecting a subscription plan

(a) Our Pre-Packaged Meals can be bought on their own (in which case, you pay for the Pre-Packaged Meal Fee) or as part of a paid ongoing subscription as set out on our Website (Subscription).

(b) If you wish to purchase a Subscription, then at check out, you will need to select the Subscription plan for your Account, including but not limited to:

(i) the number of people that the Pre-Packaged Meals are intended to service;

(ii) the number of Pre-Packaged Meals required each day during the Subscription Period; and

(iii) any other details required by us to provide you the Subscription,

together, the Subscription Plan.

(d) Upon finalising your requirements, you will need to pay the Subscription fee (Subscription Fee).

4.2 SUBSCRIPTION TERM AND AUTOMATIC RENEWAL

(a) Depending on your selected Subscription Plan, your subscription may have a minimum subscription term (Minimum Subscription Term) and an option to subscribe on a week by week, month by month or annual basis (Subscription Period).

(b) Your subscription will run (if applicable) for the Minimum Subscription Term then automatically renew for your selected Subscription Period and continue to automatically renew for your selected Subscription Period at the end of each Subscription Period unless you cancel your subscription.

4.3 UPGRADE AND DOWNGRADES

(a) You may upgrade or downgrade your Subscription Plan at any time in writing to us.

(b) If you upgrade your Subscription Plan, we will apply the new, relevant Subscription Fees, on a pro-rata basis immediately from the date on which you upgraded your Subscription Plan, and you will be charged at the new Subscription Fee.

(c) If you downgrade your Subscription Plan, we will downgrade your Subscription Plan at the end of your (as relevant) Minimum Subscription Term or current Subscription Period and you will not be able to access any services associated with your current Subscription Plan after your Subscription Plan is downgraded.

(d) If you choose to downgrade your Subscription Plan, you acknowledge and agree that we won't be responsible to you for, and exclude any liability for damages, loss (including consequential loss) or personal injury arising from or in connection with, any loss of Services as a result of the downgrade of your subscription.

5 PAYMENT of pre-packaged meals

5.1 general

(a) All prices are:

(i) per unit (except where indicated);

(ii) in Australian Dollars; and

(iii) subject to change prior to you completing an Order without notice.

(b) Fees for Pre-Packaged Meals (Pre-Packaged Meal Fees) and Subscription Fees are as listed on our Website. Unless otherwise agreed in writing, Pre-Packaged Meal Fees and Subscription Fees are exclusive of delivery charges and you must pay for all Pre-Packaged Meals at the time of placing an Order.

(c) Upon submitting an Order at checkout, we shall issue an invoice for the Pre-Packaged Meal Fees of your Order (alongside any Delivery Costs) as set out in clause 6.1.

5.2 subscription fees

(a) Subscription Fees are paid in advance and you will be charged in accordance with your relevant Subscription Period.

(b) If you have a Minimum Subscription Term, you will be charged the Subscription Fee for the Minimum Subscription Term then following the end of the Minimum Subscription Term, you will be automatically charged the Subscription Fee relevant for your selected Subscription Period and Subscription Plan unless your cancel your subscription before the end of the Minimum Subscription Term.

(c) You will be automatically charged the Subscription Fee for your selected Subscription Period and Subscription Plan each time your subscription renews.

(d) Subscription Fees will be charged via your selected payment method. If applicable, you authorise us to continue to debit the Subscription Fees from your selected payment method at the end of each Subscription Period.

(e) If we are unable to charge your selected payment method and after 14 days and your Subscription Fees remain unpaid, we will no longer provide any further Pre-Packaged Meals and may cancel or suspend your Account.

(f) We may, at our discretion, amend the amount of the Subscription Fees at any time. You will not however be charged the amended amount of the Subscription Fees until your subscription is renewed.

(g) We will not pay any charge back amount if you fail to cancel your subscription.

5.3 gst

Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Fuel & Prep Co, you must pay the GST subject to Fuel & Prep Co providing a tax invoice.

5.4 card surcharges

Fuel & Prep Co reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

5.5 Online payment partner

We may use third-party payment providers (Payment Providers) to collect payments for Pre-Packaged Meals. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and, to the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

5.6 pricing errors

In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

6 DELIVERY

6.1 delivery fee and scheduling

(a) Upon selecting a Pre-Packaged Meal or Subscription Plan at checkout, you will be notified of the total Pre-Packaged Meal Fees or Subscription Fees for your Order and the delivery fees will be calculated separately in accordance with your nominated Delivery Address (Delivery Costs).

(b) Pre-Packaged Meal Fees or Subscription Fees and Delivery Costs must be paid in full by you before delivery is scheduled.

(c) Once the payment is confirmed, you will receive a confirmation email specifying the date of delivery (Delivery Date).

(d) Delivery will occur on the Delivery Date specified in the confirmation email and Fuel & Prep Co shall make reasonable efforts to ensure delivery on the Delivery Date.

(e) However, delivery timeframes may vary due to unforeseen circumstances and may not be provided where:

(i) the Delivery Date falls on a public holiday;

(ii) the Delivery Date falls on any day other than Monday and Tuesday, or any other scheduled delivery days set out on the Website; or

(iii) there is a Force Majeure Event.

(f) A ‘Force Majeure Event’ means any occurrence beyond our control which prevents us from performing an obligation to you (other than an obligation to pay money), including any:

(i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;

(ii) strike or other industrial action;

(iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or

(iv) decision of a government authority in relation to COVID-19, or other epidemic or pandemic,

to the extent the occurrence affects our ability to perform the obligation.

(g) If we become unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, we will provide prompt written notice of:

(i) reasonable details of the Force Majeure Event; and

(ii) so far as is known, the probable extent to which we will be unable to perform or be delayed in performing our obligation to you.

(h) Subject to compliance with clause 6.1(g) the relevant obligation will be suspended during the Force Majeure Event to the extent that the obligation is affected by the Force Majeure Event.

(i) We will use best endeavours to overcome or remove the Force Majeure Event as quickly as possible and resume performing the relevant obligation.

6.2 delivery details and process

(a) Fuel & Prep Co may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:

(i) delivery is to the delivery point specifically accepted by Fuel & Prep Co; and

(ii) we will deliver the Pre-Packaged Meals to you in accordance with the delivery information displayed on our Website.

(b) We will send you a text message or email notifying you when your Order is out for delivery on or prior to the Delivery Date.

(i) We will send you a text message or email confirming that your Order has been delivered.

(ii) You must make all necessary arrangements to allow us to deliver your Order, including ensuring safe access and obtaining any prior security or other approvals which may apply to the Delivery Address, or ensuring someone is available to accept delivery at the specified location on the Delivery Date. If you fail to make or comply with any necessary arrangements, we reserve the right to leave the Pre-Packaged Meal in a suitable place, at or near the Delivery Address, or at the nearest post office.

(iii) It is your responsibility to update your Account details or otherwise inform us when your Delivery Address changes. We are not responsible for the delivery of Meals to an outdated or incorrect address and will not offer refunds in these circumstances.

(iv) Delivery Addresses must be a physical address - PO Box or parcel lockers are not allowed.

(d) While we use cool packaging technology to keep your Pre-Packaged Meal fresh while in transit, we strongly recommend that you refrigerate any Pre-Packaged Meal within two hours of delivery, or refrigerate immediately if you don’t intend to consume the meal right away. If you know that you will not be home when your Order is due to be delivered, we recommend you nominate a cool and safe space for your Order to be delivered.

(e) You are responsible for an Order once we deliver that Order in accordance with your delivery instructions. We accept no responsibility for any Pre-Packaged Meals that are spoiled, stolen or otherwise affected, once delivered.

(f) (Redelivery) If we are not able to deliver (for example, due to the provision of an incorrect Delivery Address) or you do not accept delivery of the Pre-Packaged Meal on the Delivery Date, then:

(i) we may, at our sole discretion, arrange a new delivery date for the Pre-Packaged Meal;

(ii) we may charge you a Redelivery Fee for arranging the redelivery of the Pre-Packaged Meal;

(iii) you agree to pay any applicable Redelivery Fees prior to the new delivery date;

(iv) the Pre-Packaged Meal will not be redelivered until any outstanding Redelivery Fees are paid; and

(v) we will notify you of the Redelivery Fee and any additional terms related to the redelivery of the Pre-Packaged Meal.

(g) (Third Party Courier Terms) Third party courier terms may apply to the delivery of the Meal or Meal Plan to you. If Third Party Courier Terms apply, then this clause shall apply and any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.

(h) (International Orders) Fuel & Prep Co reserves the right to refuse international orders.

7 CHANGES TO YOUR ORDER

7.1 CANCELLATIONs for standalone pre-packaged meals

(a) (Cancellations By Us) We reserve the right to cancel your order for any reason and we will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

(b) (Cancellations By You) You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 8may apply.

7.2 cancellations to your subscription

(a) Changes to your Subscription Plan are dealt with in clause 4.3.

(b) Otherwise, you acknowledge and agree that you are responsible for cancelling your Subscription.

(c) Subscriptions are for (if applicable) the Minimum Subscription Period or the Subscription Period. If you cancel your subscription, you will continue to have access to the services, including your Pre-Packaged Meals, available for your Subscription Plan even if you decide not to use them until the end of (if applicable) the Minimum Subscription Period or the Subscription Period.

(d) To the extent permitted by law, we also reserve the right to cancel or suspend your Account and access to all or part of the Services at any time without notice, for any reason.

(e) If we cancel your Account, we will refund to you the Subscription Fees on a pro rata basis based on the amount of time remaining on your current Subscription Period.

(f) We may also cancel or suspend your Account and access to all or part of the Services at any time without notice and without issuing a refund if you breach any provision of these terms.

8 RETURNS AND EXCHANGES

8.1 change of mind and refunds

Given the perishable nature of our products, we do not offer refunds for change of mind or failed delivery. However, at Fuel & Prep Co, we aim to ensure you’re satisfied with your Pre-Packaged Meal. If you have any concerns, please contact us as: info@fuelandprepco.com.

8.2 defective or faulty meals

(a) We will only provide a full refund of the price paid for a Pre-Packaged Meal if we determine that:

(i) a Pre-Packaged Meal you have ordered was not received by you solely due to failure by us;

(ii) a Pre-Packaged Meal provided to you was not substantially the same as the Pre-Packaged Meal you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or

(iii) a Pre-Packaged Meal is faulty, in accordance with clause 8.2(b), in which case we may provide store credit, a replacement or a full refund of the price paid for a Pre-Packaged Meal.

(b) (Faulty products) The following process applies to any Pre-Packaged Meal you believe to be faulty.

(i) If you believe your Pre-Packaged Meal is faulty, please do not (or allow any third party to) consume the Pre-Packaged Meal and contact us using the details provided on our Website with a full description of the fault (including images and/or videos).

(ii) If we determine that your Pre-Packaged Meal may be faulty, we will request that you send the Pre-Packaged Meal back to us for further inspection, including any accessories, documentation or registration provided with the Pre-Packaged Meal. We reserve the right to further inspection before deeming a Pre-Packaged Meal faulty.

(iii) If we determine in our reasonable opinion that the Pre-Packaged Meal is not faulty, or is faulty due to misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return.

(iv) If we determine that the Pre-Packaged Meal is faulty, we will issue you with a store credit, replacement or refund (including delivery costs) depending on the nature of the fault. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.

(v) If you fail to comply with the provisions of this clause 8.2in respect of a faulty Pre-Packaged Meal, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Pre-Packaged Meal.

(vi) Nothing in this clause 8.2 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.

Part B For When You Purchase A Meal Plan…

9 accepting a meal plan

9.1 acceptance

Before you sign up to a Meal Plan, or otherwise engage with our services, please carefully read these terms, including our disclaimer below. If you don’t agree to these terms, please don’t sign up to a Meal Plan. By clicking ‘accept’ when you create an account, making a payment for the Meal Plan, or otherwise proceeding to engage with Fuel & Prep Co for a Meal Plan, you agree to be bound by these terms.

9.2 disclaimer

Fuel & Prep Co is here to help you navigate your nutrition and diet as an athlete. While every effort is made for our services to be helpful, it’s important to set outline some risks and ground rules so that you understand what we don’t promise to do for you. Before you purchase a Meal Plan, please make sure that you read and understand the below and the disclaimers provided in clause 3 above.

(a) (Risk) - You acknowledge and agree that you are receiving the Meal Plan at your own risk and any decision you make, and the consequences that flow from such decisions, are your sole responsibility. This includes the risks flagged in clause 3around remaining aware and vigilant around allergies (particularly if you experience anaphylaxis), and keeping food stored in an appropriate location.

At Fuel & Prep Co, we take pride in ensuring that our facilities, food preparation processes, and meals are clean, safe, and prepared to high health standards. However, Fuel & Prep Co accepts no responsibility or liability if you withdraw from a fight or sporting competition, experience unexpected results from using the Meal Plan for weight loss or weight gain, or become unwell in connection with the purchase or consumption of any Meal Plan. All Meal Plans are used at your own risk, and individual results may vary.

(b) (Not Medical or Professional Advice) – All information provided by us as part of your Meal Plan is general information and is based on the information you provide to us. Fuel & Prep Co does not provide medical or other professional advice and should not be relied on as such. Our Meal Plans are not intended to be a recommendation, advice or action you may take with respect to any health condition or concern.

(c) (No Substitute for Medical Advice) - You cannot rely on our Meal Plans as a substitute for medical advice from a qualified medical professional such as your family physician or nutritionist. We strongly recommend seeking advice from a medical professional before purchasing a Meal Plan, or making any dietary changes.

(d) (No Guarantee of Results) – While our Meal Plans have been prepared with every effort to help you achieve your fitness and diet goals, there is no guarantee that our Meal Plans will enable you to achieve any particular outcomes or results. Everyone is an individual and results may vary. We will not be responsible or liable for any issues including you meeting your goals, including meeting any particular body weight for a competition or event.

(e) (Suitability) – If we conclude that our Meal Plan is not suitable for you, your requirements, or your condition, we reserve the right to stop providing services to you.

9.3 eligibility

By accepting this agreement, you acknowledge and agree that:

(a) you have completed our Briefing Form;

(b) you are at least 18 years old; and

(c) if you are accepting this agreement on behalf of another person, you have the consent of that person to enter into this agreement and you represent and warrant that that person agrees to the terms and conditions of this agreement.

10 sign up process

10.1 how to submit an order for a meal plan

(a) To sign up to a Meal Plan, you will need to submit an Order for a “Meal Plan” package as set out on the Website.

(b) By submitting an Order for a Meal Plan, you agree to receive meals on a regular and recurring basis, until your respective Meal Plan is cancelled in accordance with clause 12or until it otherwise finishes in accordance with the scope of your Meal Plan Itinerary (Term).

(c) At check out when submitting an Order, you will be required to complete a briefing form, consultation, questionnaire, or screening tool provided by Fuel & Prep Co (Briefing Form) that sets out your requirements, including but not limited to:

(i) details about your personal health such as allergies, dietary preferences and current body weight;

(ii) your sporting background;

(iii) the details of your next competition, event or fight camp (if applicable);

(iv) instructions from your nutritionist (if applicable);

(v) the type and frequency of meals; and

(vi) any other details we request in the Briefing Form.

(d) Once you have completed the Briefing Form, we will review your response and arrange a free initial consultation with you (Initial Consultation), after which we will either approve or reject your Order.

(e) These terms are not agreed between you and us until we have approved your payment of the Fees and you receive an email from us confirming that your Order has been accepted.

(f) If we reject or have any queries about Order, including the quantity of Meals selected, the dietary requirements noted, we may contact you again to verify the details and purpose of the Order.

(g) If we approve your Order, we will provide you with your own custom Meal Plan in an invoice (Meal Plan Itinerary) setting out:

(i) the total fees (Meal Plan Fee);

(ii) the duration of the Meal Plan;

(iii) the quantity of meals;

(iv) the delivery schedule; and

(v) any other details relevant to your Meal Plan.

(h) At Fuel & Prep Co, we aim to ensure you’re satisfied with your Meal Plan. We may therefore, at our absolute discretion, allow for minor changes to be made to your existing Meal Plan Itinerary if you provide us 48 hours written notice before it is dispatched for delivery. Otherwise, any changes to the Meal Plan Itinerary (such as increased meals or substitute of meals), or changes outside of this 48 hour period, will result in a Change Fee payable in accordance with clause 11.3.

10.2 payment and fees

(a) In exchange for payment of the Meal Plan Fees each week, we will provide you with your Meal Plan. Unless otherwise agreed in writing, Meal Plan Fees are exclusive of delivery charges, and you must pay for all Meal Plan Fees and any delivery costs at the times and dates due in an invoice provided by Fuel & Prep Co.

(b) To the extent of any inconsistency, the payment terms in clause 4apply to the payment of Meal Plan Fees.

(c) You acknowledge and agree that you must pay for your Meal Plan each week in accordance with the dates and time due on your invoice.

(d) If you fail to pay for your Meal Plan in accordance with your invoice, we reserve the right to withhold the delivery of your Meal Plan for that week or period.

11 your obligations

11.1 reliance on information

(a) To get the most out of your Meal Plan, we rely on you to give us accurate and up-to-date information about your requirements. You must provide Fuel & Prep Co with all documentation, information and assistance reasonably required by Fuel & Prep Co to provide you the Meal Plan, including any information requested in a Briefing Form or as part of the Initial Consultation.

(b) You warrant that all information, documentation and other material you provide to us for the purpose of receiving the Meal Plan, including dietary and health information, or instructions from your nutritionist, is complete, accurate, and up-to-date.

(c) You release Fuel & Prep Co from all liability in relation to any loss or damage arising out of or in connection with the Meal Plan, to the extent such loss or damage is caused or contributed to by information, documentation or any other material provided by you is incomplete, inaccurate or out-of-date.

11.2 your HEALTH AND condition

You warrant that:

(a) you do not have a health condition which might make it more likely that they will you involved in an accident or injury if you purchase a Meal Plan (Condition), including any serious allergies that may give rise anaphylactic shock;

(b) you will immediately notify us immediately if you develop a Condition;

(c) you are aware and agree that if you have a Condition, Fuel & Prep Co will refuse to continue providing you the Meal Plan (in which case, clause 12shall apply) and may only resume providing you your Meal Plan upon receiving official and written clearance from a medical professional;

(d) you are aware that purchasing a Meal Plan for strict dietary purposes, may involve risk to your health, particularly due to the potential likelihood for the body to reach extreme limits when losing weight, body building and/or being extremely lean - particularly when combined with higher risk weight loss methods such as water loss ‘weight cutting’;

(e) when using the Meal Plan for strict dietary purposes, you have consulted a qualified medical professional (such as a certified nutritionist) before doing so; and

(f) you will not use or continue using the Meal Plan, if you become ill, injured or feel unwell.

11.3 changes to your meal plan

(a) You must pay a ‘change fee’, in an amount reasonably determined by Fuel & Prep Co (Change Fee), for changes to your Meal Plan Itinerary requested by you which alter the scope set out in your Meal Plan Itinerary and requires Fuel & Prep Co to perform additional work or incur additional costs (Changes).

(b) Fuel & Prep Co will only be required to perform Changes, if:

(i) Fuel & Prep Co agrees in writing to perform the Changes;

(ii) you confirm in writing that you wish for Fuel & Prep Co to proceed with the Changes and the relevant Change Fee; and

(iii) you pay the Change Fee, in accordance with clause 10.2as if it was a Fee.

11.4 DELIVERY of meal plans

To the extent of any inconsistency, the delivery process for Pre-Packaged Meals in clause 6shall apply for the delivery of meals as part of a Meal Plan.

12 cancellation

12.1 CANCELLATION BY US

We reserve the right to cancel your Meal Plan for any reason and we will notify you of this as soon as possible. Where payment has already been debited, the full or pro-rated amount will be credited or refunded back to your original method of payment.

12.2 CANCELLATION BY YOU

(a) You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you.

(b) However, if you wish to cancel your Meal Plan once it has commenced, you must provide us 10 Business Days’ written notice.

(c) Upon cancelling in accordance with clause 12.2(b), you must pay all Fees owing to Fuel & Prep Co for services rendered, including any costs incurred for the preparation of your Meal Plan (such as ingredients), regardless of whether such Meal Plans have been completed at the time of termination or cancellation, and any other pre-approved expenses incurred on your behalf in providing the Meal Plan.

For When You Browse This Website…

ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

YOUR OBLIGATIONS

You must not:

copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Fuel & Prep Co;

use the Website for any purpose other than the purposes of browsing, selecting or purchasing Pre-Packaged Meals;

use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

use the Website with the assistance of any automated scripting tool or software;

act in a way that may diminish or adversely impact the reputation of Fuel & Prep Co, including by linking to the Website on any other website; and

attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

gaining unauthorised access to Website accounts or data;

scanning, probing or testing the Website for security vulnerabilities;

overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or

instigate or participate in a denial-of-service attack against the Website.

INFORMATION ON THE WEBSITE

While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:

the Website may have errors or defects (or both, as the case may be);

the Website may not be accessible at times;

messages sent through the Website may not be delivered promptly, or delivered at all;

information you receive or supply through the Website may not be secure or confidential; and

any information provided through the Website may not be accurate or true.

We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content (as defined below).

INTELLECTUAL PROPERTY

Fuel & Prep Co retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Fuel & Prep Co or as permitted by law.

In this clause 16, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

LINKS TO OTHER WEBSITES

The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.

Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

THIRD PARTY PLATFORM

This Website is powered by a third party platform, GoDaddy, and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here.

To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.

SECURITY

To the maximum extent permitted by law, Fuel & Prep Co does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

Liability And Other Legal Terms

SUBCONTRACTING

Fuel & Prep Co may subcontract any aspect of providing the Order and you consent to such subcontracting.

PRIVACY

We may collect sensitive information about you during the course of providing our services. You can read more about the type of information we collect by reading our privacy policy here <insert link>. You agree to be bound by the clauses outlined in Fuel & Prep Co’s privacy policy.

INTELLECTUAL PROPERTY

Fuel & Prep Co retains all intellectual property rights in the design of the Pre-Packaged Meals and Meal Plans, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Pre-Packaged Meals or Meal Plans.

In this clause 23, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

THIRD PARTY TERMS SUPPLIERS

If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).

Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Website), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Pre-Packaged Meals, or any services related to providing our Meal Plans and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide the Pre-Packaged Meal and/or Meal Plan to you, and you can cancel your Order in accordance with clause 7and clause 12respectively.

LIABILITY

WARRANTIES

Under the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL), you may be entitled to certain remedies (like a refund, replacement or repair) if there is failure with the goods or services provided. Nothing in these terms is intended to limit the operation of the ACL. To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

LIABILITY

To the maximum extent permitted by law and subject to clause 25.2(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with these terms is limited to:

If the liability relates to a Pre-Packaged Meal, the total fees paid by you to Fuel & Prep Co under the most recent Order for that Pre-Packaged Meal or if the Pre-Packaged Meal was purchased as part of a Subscription, then the value of the Subscription Fees paid for the Subscription in the 3 months preceding the liability; and/or

If the liability relates to a Meal Plan, the total fees paid by you to Fuel & Prep Co in the 1 month preceding the first event giving rise to the relevant liability.

Clause 25.2(a) does not apply to your liability in respect of loss or damage sustained by Fuel & Prep Co arising from your breach of clauses 3.7, 11, and 14.

Consequential loss

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any Pre-Packaged Meals or services provided by us, except:

in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or

to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

GENERAL

GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

INTERPRETATION

(singular and plural) words in the singular includes the plural (and vice versa);

(currency) a reference to $, or “dollar”, is to Australian currency;

(gender) words indicating a gender includes the corresponding words of any other gender;

(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

(document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

(headings) headings and words in bold type are for convenience only and do not affect interpretation;

(includes) the word “includes” and similar words in any form is not a word of limitation; and

(adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

NOTICES

Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement.

If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.

The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.

Fuel and Prep Co Navigation.

Terms & Conditions

A legal disclaimer