1. Agreement to these Terms

These Terms of Service (“Terms”) are a legal agreement between you (“you”, “the user”) and Yorkton Holdings Pty Ltd (ACN 166 481 616) (“Yorkton”, “we”, “us”, “our”), the operator of the MealStack application and related services (the “App”).

By downloading, accessing, creating an account on, or using the App, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the App. If you are using the App on behalf of an organisation, you confirm you are authorised to bind that organisation.

2. Eligibility and account holders under 18

The App is intended for a general audience and is not directed at children under 15. By using the App you confirm the information you provide is accurate and that you are able to form a legally binding contract.

If you are under 18, you may use the App only with the involvement and consent of a parent or guardian, and you must have their consent before making any in-app purchase or subscribing. A parent or guardian who consents to a minor’s use accepts responsibility for that use and for any purchases made through the account. We may refuse, suspend or cancel an account or purchase where we reasonably believe these requirements are not met.

3. Your account

To use certain features (including saving lists across devices), you must create an account. You agree to:

• provide accurate and current information and keep it up to date;

• keep your login credentials secure and not share them;

• be responsible for all activity that occurs under your account; and

• notify us promptly at admin@yorktonholdings.com.au if you suspect any unauthorised use.

You may sign in using Apple or Google sign-in, in which case your use of those services is also subject to their terms. We are not liable for loss arising from your failure to keep your credentials secure.

4. The service and licence to use it

MealStack provides a library of curated, reusable meal sets, each paired with a shopping list, and tools that let you save, copy, customise and build your own meal sets, lists and recipe references. MealStack stores references to where recipes can be found (for example a cookbook and page, or a web link) rather than full third-party recipe text.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the App for your own personal, non-commercial use. We may update, change or discontinue features of the App from time to time.

5. Subscriptions, in-app purchases and billing

The App offers free features and paid features. Paid features may be offered as one-off in-app purchases or as auto-renewing subscriptions.

5.1 Purchases are made through the App stores

All payments are processed by the Apple App Store or Google Play (the “App Store”), not by us. Your purchase is also subject to the App Store’s terms and payment policies. We do not receive or store your full payment details.

5.2 Auto-renewing subscriptions

• Subscriptions automatically renew for the same period at the then-current price unless you cancel at least 24 hours before the end of the current period;

• your account will be charged for renewal through your App Store account within 24 hours before the end of the current period;

• you can manage and cancel a subscription in your App Store account settings; and

• cancelling stops future renewals but does not retroactively refund the current period unless required by law.

5.3 Prices and changes

Prices are shown in the App and may change. We will give reasonable notice of price changes for renewing subscriptions, and a change will not take effect until your next renewal. All prices are in Australian dollars unless stated otherwise and, where applicable, include GST.

5.4 Free trials

If we offer a free trial, unless you cancel before the trial ends, it will convert to a paid subscription and you will be charged. Unused portions of a free trial are forfeited on purchase of a subscription.

5.5 Refunds

Because purchases are processed by the App Store, refund requests are generally handled under the App Store’s refund policy. This does not limit your rights under the Australian Consumer Law (see section 11).

6. Your content and lists

“Your Content” means the lists, recipe references, notes, names, tags and other material you create or upload in the App. You retain ownership of Your Content.

You grant us a non-exclusive, royalty-free, worldwide licence to host, store, reproduce, display and process Your Content solely to operate and provide the App to you (for example to sync it across your devices and back it up). You are responsible for Your Content and confirm you have the right to provide it and that it does not infringe any third party’s rights or any law.

7. Our intellectual property

The App, the curated meal-set library, the shopping-list structures, the “MealStack” name and logo, and all related software, design, text, graphics and content (excluding Your Content and third-party recipe content) are owned by or licensed to Yorkton and are protected by intellectual property laws. The curated, reusable meal sets and lists are our intellectual property.

Except as expressly permitted, you must not copy, reproduce, scrape, resell, sublicense, distribute, or create derivative works from the App or our curated content, or use it to build a competing product or service. All rights not expressly granted are reserved.

8. Acceptable use

You agree not to:

• use the App for any unlawful, fraudulent or harmful purpose;

• access, scrape, copy or harvest the curated library or other users’ data, except through features we provide;

• attempt to interfere with, disrupt, reverse engineer or gain unauthorised access to the App or its systems;

• upload content that is unlawful, infringing, defamatory, offensive, or that contains malware; or

• resell, commercialise or share access to paid features without our written consent.

9. Third-party content, sources and links

The App links to and references third-party content, including recipe source pages and, in future, supermarket or grocery services. We do not control and are not responsible for third-party content, websites or services, including their availability, accuracy, pricing or terms. Your dealings with third parties are solely between you and them. Where we participate in an affiliate or commission arrangement (for example with a grocery retailer), we will make this clear where required by law.

10. No dietary, nutritional or medical advice

Important – allergens, dietary and health information

MealStack helps you plan and shop for meals. It does not provide nutritional, dietary, medical or health advice, and the meal sets, lists and tags are general suggestions only.

You are responsible for checking the actual recipes and ingredients for allergens, intolerances and dietary suitability before purchasing, preparing or eating any food. If you have a food allergy, intolerance or medical condition, rely on the original recipe and product labels and consult a qualified professional.

To the extent permitted by law, we are not liable for any adverse reaction, allergy or health consequence arising from meals planned, shopped for or prepared using the App.

11. Australian Consumer Law and consumer guarantees

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (the “ACL”). For major failures with the service, you are entitled to cancel your service contract and to a refund for the unused portion, or to compensation for its reduced value; and you are entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel and obtain a refund for the unused portion.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the ACL or other law that cannot lawfully be excluded.

12. Disclaimers and limitation of liability

Subject to section 11 and to any rights under the ACL that cannot be excluded:

• the App is provided “as is” and “as available”, and we do not warrant that it will be uninterrupted, error-free or secure, or that content (including third-party recipe references and prices) is accurate or current;

• to the maximum extent permitted by law, we exclude all implied warranties and are not liable for any indirect, incidental, special or consequential loss, or loss of data, profits or goodwill; and

• where our liability cannot be excluded but can be limited, our total liability is limited, at our option, to re-supplying the relevant service or paying the cost of having it re-supplied; and in any event our aggregate liability is limited to the amount you paid us for the App in the 12 months before the relevant claim.

13. Indemnity

To the extent permitted by law, you agree to indemnify us against any reasonable loss, liability or cost we suffer arising from your breach of these Terms, your misuse of the App, or Your Content infringing the rights of a third party. This does not apply to the extent the loss was caused by our own breach, negligence or wrongful act.

14. Suspension and termination

You may stop using the App and close your account at any time. We may suspend or terminate your access (in whole or part) if you breach these Terms, if required by law, or if we reasonably need to protect the App, our users or our business. Where reasonable and lawful, we will give you notice.

On termination, your licence to use the App ends. Sections that by their nature should survive (including intellectual property, disclaimers, limitation of liability, indemnity and governing law) continue to apply. Treatment of your personal information after termination is described in our Privacy Policy.

15. Changes to these Terms

We may update these Terms from time to time. The current version will be available in the App, with the effective date shown. If we make a material change, we will take reasonable steps to notify you (for example by in-app notice or email). Your continued use of the App after a change takes effect means you accept the updated Terms. If you do not agree, you should stop using the App.

16. General

• Governing law: these Terms are governed by the laws of Western Australia, and you and we submit to the non-exclusive jurisdiction of the courts of Western Australia and the courts that hear appeals from them.

• Entire agreement: these Terms and the Privacy Policy are the entire agreement between you and us about the App.

• Severability: if any provision is found to be unenforceable, the rest of the Terms continue to apply.

• Waiver: a failure to enforce a provision is not a waiver of it.

• Assignment: you may not assign these Terms without our consent; we may assign them as part of a sale or restructure of our business.

• Not affiliated with Apple/Google: the App stores are not a party to these Terms and are not responsible for the App or any claims relating to it.

17. Contact us

Questions about these Terms can be sent to:

Company

Yorkton Holdings Pty Ltd

Email

admin@yorktonholdings.com.au

Post

PO Box 2486, Geraldton WA 6531