Please read this agreement carefully to ensure you understand each provision. Updated: October 8th, 2022
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
We may update these Terms and Conditions from time to time in our sole discretion. The modified Terms and Conditions will be effective 30 days following posting and you agree to the new posted Terms and Conditions by continuing your use of the Site and/or placing an order. Each time you use the Site or place an order, you reaffirm your acceptance of the then-current Terms and Conditions, and your agreement to be bound hereby. You are responsible for staying informed of any changes and are expected to check this page from time to time so you are aware of any changes. If you do not agree with the modified Terms and Conditions, you should stop using the Site.
I understand that My Healthy Penguin is not responsible for food that is not refrigerated immediately upon delivery and I will not hold My Healthy Penguin liable for spoilage.
By using our Site, you represent that you have reached the age of majority where you live and that you have the legal ability to accept these Terms and Conditions and to use the Site in accordance with these Terms and Conditions.
When purchasing a meal prep you are billed at the time of purchase.
Free shipping discounts with or without promotion codes are ONLY available to customers in CA.
Although My Healthy Penguin takes every reasonable measure to have sufficient inventory to fill your order, availability of product(s) may change without notice. My Healthy Penguin is not responsible for unavailability of product due to popular demand, whether discontinued or still in production.
In the completion of orders, My Healthy Penguin reserves the right to substitute a similar product. When making substitutions, My Healthy Penguin takes great care to meet the requirements of your particular My Healthy Penguin program. Substituted food items may contain different ingredients and allergens than those in items originally ordered. Prior to consumption, please be sure to carefully check all individual product packages for the most updated information regarding ingredients and nutritional content for any/all of My Healthy Penguin’s food products, including new and improved items, if you have any food allergies or if you are otherwise concerned about any particular ingredients.
We may use third party carriers (FedEx and OnTrac) to deliver your food packages and provide you with tracking information for every package. It is very important that you provide us with the proper shipping information and any special instructions the delivery driver may need. For any shipping error that is caused by the carrier (including damaged packages or delayed deliveries), we will issue you a replacement delivery or replacement products at no additional charge. Please note, may ask for pictures and often ask you to return the original shipment. For any shipping error caused by a mistake or omission of shipping information provided by the customer, we will provide our customers one courtesy replacement shipment per year at a 50% discount of their purchase price.
Gift Cards can be redeemed through myhealthypenguin.com
Once the Gift Card is used to purchase the intended product, the Gift Card will be ZEROed out and will retain no value.
Insufficient Gift Card Value: If the amount of the order exceeds the amount remaining on the Gift Card, the recipient will be required to pay for the remaining balance using a Credit Card.
Gift Cards cannot be used with other discounts, offers or promotions.
Refunds issued for purchases made with Gift Cards will only be refunded as store credit.
Multiple Gift Cards can be redeemed on a single purchase.
Gift Cards are non-refundable.
Expiration: Gift Cards do not have an expiration date.
Maintenance Fee: There are no maintenance fees charged on unused Gift Card balances.
Security: For security purposes, a recipient may be required to enter credit card or bank account information before he or she can redeem the Gift Card.
My Healthy Penguin reserves the right to reverse any Gift Card purchase for any reason and return the funds to the purchaser’s account.
Gift Cards may not be purchased for sellers in lieu of payment for My Healthy Penguin items.
My Healthy Penguin Gift Card resale is prohibited.
Gift Cards cannot be redeemed for cash and have no cash value.
Gift Cards cannot be used to purchase other Gift Cards.
Neither My Healthy Penguin nor My Healthy Penguin’ retailers are responsible for lost, stolen, or misused Gift Cards or Gift Card codes.
Gift Cards may be purchased or redeemed by residents of the United States only.
My Healthy Penguin reserves the right to withdraw or amend this Site, and any service or material we provide on the Site, in its sole discretion without notice. My Healthy Penguin will not be liable if for any reason if all or any part of the Site is unavailable at anytime or for any period. From time to time, My Healthy Penguin may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
When you sign up to use the Site and create an account, you will be asked to create an account and establish a password. You are entirely responsible for maintaining the confidentiality of your password and you are entirely responsible for all activity made by you or anyone you allow to use your account. You agree to safeguard your account password from access by others. You agree to indemnify and hold harmless My Healthy Penguin for losses incurred by My Healthy Penguin or another party due to someone else using your account or password. My Healthy Penguin has the right to disable any user name, password or other identifier, whether chosen by you or provided by My Healthy Penguin, at any time, in its sole discretion for any or no reason, if, in our opinion, you have violated any provisions of these Terms and Conditions.
Content posted by you includes, but is not limited to, posting on My Healthy Penguin’s bulletin boards, social media pages, chat rooms, and user blogs. These sites contain various pages where you and other members may post content (“Sites”). You may only post content to the Sites that you created or which the owner of the content has given you permission to post. You may not post or distribute content that is illegal or that violates these Terms and Conditions. By posting or distributing content to the Sites, you represent and warrant that (a) you own all of the rights to the content or are authorized to use and distribute the content to these Sites and (b) the content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation.
You should carefully choose the information you post on the Sites. Any content that you post to the Sites will be considered non-confidential and non-proprietary. You may not post the following items: telephone numbers, street addresses, last names, URLs to external sites, any form of HTML or programming code, or any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, or otherwise objectionable subject matter. You are solely responsible for anything you may post on these Sites and the consequences of posting anything on these Sites.
My Healthy Penguin is not responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Sites.
My Healthy Penguin is not responsible for, and does not endorse, content in any posting made by other users on the Sites. You are solely responsible for your reliance on anything posted by another member on the Sites. Under no circumstances will My Healthy Penguin be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you or any third party in connection with the use of or reliance of any content posted by a third party on the Sites. If you become aware of any misuse of the Sites by any person, please contact My Healthy Penguin at email@example.com.
If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. My Healthy Penguin has the right to remove any user contributions from these Sites for any or no reason. My Healthy Penguin reserves the right to take necessary legal action against users.
The following is a partial list of the kinds of conduct that are illegal or prohibited on the site. My Healthy Penguin reserves the right to investigate and take appropriate legal action against anyone who, in the sole discretion of My Healthy Penguin, engages in any of the prohibited activities. Prohibited activities include-but are not limited to-the following:
Using the site for any purpose in violation of local, state, national, or international laws;
Posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by My Healthy Penguin in its sole discretion or pursuant to local community standards.
My Healthy Penguin takes no responsibility for monitoring such content or in evaluating it;
Posting advertisements or solicitations of business;
fter receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
Posting chain letters or pyramid schemes;
Impersonating another person;
Distributing viruses or other harmful computer code;
Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
Allowing any other person or entity to use your identification for posting or viewing comments;
Posting the same note more than once or “spamming”;
Harassing, threatening, stalking, or abusing any person; or
Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the site, or which, in the sole discretion of My Healthy Penguin, exposes My Healthy Penguin or any of its customers or suppliers to any liability or detriment of any type.
My Healthy Penguin reserves the right-but is not obligated-to do any or all of the following:
Record the dialogue or content posted on any pages of the Site;
Investigate an allegation that anything posted on the site does not conform to these Terms and Conditions and determine in its sole discretion to remove or request the removal of the posting;
Remove postings which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions;
Terminate a user’s access to the site upon any breach of these Terms and Conditions;
Monitor, edit, or disclose any posting on the site; and
Edit or delete any communications posted on the site, regardless of whether such communications violate these standards.
My Healthy Penguin may disclose user information including personal identity and other personal information to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Without limiting the foregoing, My Healthy Penguin has the right to fully cooperate with any law enforcement authorities or court order requesting or directing My Healthy Penguin to disclose the identity or other information of anyone posting any materials on or through the Site or any Sites.
My Healthy Penguin does not undertake to review any materials before you have posted them on the Sites and cannot ensure prompt removal of objectionable material after it has been posted. My Healthy Penguin assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. My Healthy Penguin has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
My Healthy Penguin has the right to terminate your account and your access to the Site or Sites for any reason, including, without limitation, if My Healthy Penguin, in its sole discretion, considers your use to be unacceptable. My Healthy Penguin may, but shall not be under any obligation to, provide you a warning prior to termination of your use of the Site or Sites.
The entire contents of the Site or Sites are copyrighted as a collective work under the laws of the United States and other copyright laws. My Healthy Penguin holds the copyright in the collective work. The collective work includes works which may be property of other members. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Site or Sites solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc.). Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Site or Sites.
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by My Healthy Penguin or its affiliates, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms and Conditions permit you access to the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site.
You must not (i) modify copies of any materials from the Site; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms and Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by My Healthy Penguin. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
The My Healthy Penguin name, logo and all related names, logos, product and service names, designs and slogans are trademarks of My Healthy Penguin or its affiliates or licensors. You must not use such marks without the prior written permission of My Healthy Penguin. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting My Healthy Penguin (as set forth below) and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number, and e-mail address.
A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information by email to My Healthy Penguin at firstname.lastname@example.org. In an effort to protect the rights of copyright owners, My Healthy Penguin maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
My Healthy Penguin may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and My Healthy Penguin is under no obligation to update such material.
All purchases through this Site or other transactions for the sale of goods or services or information formed through the Site or as a result of visits made by you are governed by these Terms and Conditions.
Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions.
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. My Healthy Penguin has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The Sites and/or Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by My Healthy Penguin, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of My Healthy Penguin. My Healthy Penguin is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
The Sites and/or Site and the content are provided on an “as is” and “as available” basis.
My Healthy Penguin makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Sites and/or Site. My Healthy Penguin cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. My Healthy Penguin cannot and does not guarantee or warrant that files available for downloading from these Sites and/or Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. My Healthy Penguin cannot and does not guarantee or warrant that any content you post on the Sites will remain on the Sites. My Healthy Penguin does not warrant or guarantee that the functions or services performed on the Sites and/or Site will be uninterrupted or error-free or that defects in the Sites and/or Site will be corrected.
My Healthy Penguin may disable all or any social media features and any links at any time without notice in our discretion.
MY HEALTHY PENGUIN’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH MY HEALTHY PENGUIN IS TO DISCONTINUE YOUR USE OF THE SITE. MY HEALTHY PENGUIN AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES AND/OR SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITES AND/OR SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH-RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF MY HEALTHY PENGUIN HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MY HEALTHY PENGUIN’S AND ITS VENDORS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold My Healthy Penguin, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or your use of the Sites and/or Site, including, but not limited to, any content that you may post, any use of the Sites’ and/or Site’s content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Sites and/or Site.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the California, without regard to its conflict of laws rules.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting our customer service department at email@example.com. If My Healthy Penguin’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if My Healthy Penguin has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.
All disputes or claims that arise under or related to these Terms and Conditions (whether in contract, tort or otherwise, whether past, pre-existing, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) will be resolved either in small claims court or by individual arbitration in accordance with the rules of the American Arbitration Association (“AAA”). Unless you and My Healthy Penguin agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879. My Healthy Penguin agrees that it will pay a consumer’s filing fee for the arbitration.
You agree to arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR My Healthy Penguin SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. This transaction and the arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).
No waiver by My Healthy Penguin of any of the terms and conditions set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of My Healthy Penguin to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
My Healthy Penguin may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in your account. You may give notice to My Healthy Penguin at any time via electronic mail at firstname.lastname@example.org.
Upon signing up for the program, you will be asked to provide us with a telephone number at which we can reach you. That number is required for shipping and so that My Healthy Penguin can reach you with informational calls related to your transactions. All calls to and from My Healthy Penguin may be monitored or recorded for quality and training purposes.
Plastic Gift Cards are shipped FREE within 5 to 7 days after payment authorization. eGift cards are sent via e-mail within 24-48 hours upon payment authorization.
Both plastic Gift Cards and eGift Cards are hereinafter referred to as “Gift Cards”. Gift Cards may not be used to purchase another Gift Card or toward previously purchased merchandise. Gift Cards are not for resale, cannot be refunded or exchanged, or redeemed for cash, except as required by law. Gift Cards are non-reloadable. Gift Cards carry no expiration date (subject to applicable law). There are no fees charged for any reason.
You may redeem your Gift Card online at www.myhealthypenguin.com. To redeem Gift Cards online, enter card number during checkout. To redeem by telephone, please provide the My Healthy Penguin representative the Gift Card number. You may get your balance on your Gift Card by emailing email@example.com customer service hours. Please note that the balance is an estimate, as there are times when the balance of your Gift Card is delayed.
If your Gift Card is lost, stolen or destroyed, please contact customer service at firstname.lastname@example.org and provide your Gift Card number, and a new card will be issued to with the remaining balance. Lost or stolen Gift Cards cannot be replaced without the original receipt. Replacement Gift Cards will be the value of the card at the time My Healthy Penguin receives your report of loss, theft or unauthorized use. My Healthy Penguin is not liable to you for the use of your Gift Card by a third party on your myhealthypenguin.com account. Please be sure to maintain the privacy of your My Healthy Penguin password, as you are responsible for any activity on your account.
Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities unless you obtain My Healthy Penguin’s prior written approval.
If your order total is less than the amount on your Gift Card, the remaining amount will be available on your card for future purchases. If your order total is more than the amount on your Gift Card, you will need to pay for the balance with additional Gift Cards or another payment method.
Purchase of a Gift Card constitutes acceptance of these Terms and Conditions.