TERMS AND CONDITIONS OF USE & CANCELLATION POLICY
REFUNDS - one off orders
Once a payment has been made for your order, our staff have begun processing your order. For these reasons a late cancellation fee of $15 will be charged.
Email Cancellations: Via Email please allow 2-3 working days for cancellation after your 3rd weekly order is processed
Online Website Cancellations: Via accounts can be cancelled asap after 3 weekly orders have been processed
Pause Subscriptions: Via Email please allow 2-3 working days to Pause and Resume your account
For changes to meals or subscription cancellations Please allow up to 24 hours before your next billing date (The day you processed your first order or is set too)
By Default Recurring subscription means you are subscribed to ordering meals weekly
Order Cut off Day - The order cut off day is the day you order meals are ordered and processed for either Weds or Fri Delivery
Billing Day - The Billing day is the first day you processed and purchased your subscription. By default your payments will be made weekly on that billing day unless you change it or advise us to change it.
Subscription Cancellations within the 3 order period finishes
- Cancellation Fee: Any discount codes used within the 3 order process will be charged to the equal amount to what the code has discounted
Terms and conditions
This Website (“the Website”) is operated by The Food Company NZ Limited (“We”, “Us”, or “Our”).
By using the Website, including any reports or other related materials you may obtain through the Website in the capacity of a Customer, Contractor, Affected Parties or member of the Community (“You” or “Your”), You agree to be bound by these Terms and Conditions (“Terms”) as they apply to You.
If you are using the Website in your capacity as an employee of a company or other organisation, then you are entering into a contract on behalf of that company or organisation, who will be deemed to be the contracting party (i.e. “You” or “Your”) for the purpose of these Terms. You must cease using this Website if You are not authorised to enter into contracts of this nature on behalf of Your company or organisation.
These Terms represent the entire agreement between You and Us regarding Your use of the Website.
We may change these Terms and give notice to You by posting amended Terms on the Website at any time. Your subsequent use of the Website will be deemed as Your acceptance of the amended Terms.
Code of conduct
You must use the Website responsibly, lawfully and in good faith.
You must refrain from any acts or omissions which:
You may not violate or attempt to violate the Website in any way, including but not limited to:
- are misleading or unlawful or likely to be so; or
- call Us or Our Website into disrepute, or are likely to do so.
You must use Our Website solely for the purpose for which it is provided. You must not use Our Website to conduct, promote, or facilitate any other activity or business.
You must not use the Website to send any unsolicited messages.
You must not infringe or violate the legal rights of any other person in the course of using the Website.
You may not copy, modify, or otherwise interfere with any part of the Website.
You agree to pay for all goods or services supplied to by us at the rates specified on the Website at the time that You access the Website and pay for the goods or services.
You may, with Our consent, choose to make the payments required in clause 3.1 by way of direct debit and all direct debit transactions are subject to Our direct debit authority terms.
Due to the tailored nature of the Website, We will not be obliged to refund any payment You make to Us, except as required by law.
The content of this Website is for your general information and use only.
Neither We nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this Website is entirely at your own risk, for which We shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
Unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.
No warranty and limitation of liability
To the maximum extent permitted by law, we exclude any warranty that any product or service is fit for any particular purpose.
To the maximum extent permitted by law, the Website is provided on an “as is” basis, without any warranty of any kind either express or implied including but not limited as to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Website is error free, that the information provided to Us from the governing bodies is accurate, or that any services provided in relation to the Website will be uninterrupted.
You accept all risk and any liability arising from Your use of the Website. In no event will We be liable to You or any other person for any lost profits, lost savings, lost data, or damages (including special, direct, indirect, punitive, consequential, or incidental damages) or any claims, proceedings, costs, demands, liabilities and expenses incurred by You arising out of or relating to Your use of the Website, whether in contract, tort (including negligence) or equity even if We have been advised of the possibility of such loss or damage.
You agree to indemnify Us against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever arising from:
- attempting to probe, scan, or test the vulnerability of any system, subsystem or network;
- tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorisation;
- transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the Website;
- interfering with, intercepting or expropriating any system, data or information; and
- interfering with service to any user, host, or network including, without limitation, by means of overloading, “flooding”, “mailbombing”, or “crashing” any computer system.
Without limiting clause 6.3, Our total liability in relation to any claims arising out of or relating to the Website or any goods or services supplied to You by Us under these Terms will in any event be absolutely limited to the amount paid by You to Us for the specific transaction provided under these Terms.
This Website contains material which is owned by or licensed to Us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms.
We own and hold title to all copyright in the content on the Website including the graphics, images, layouts, text and all other relevant intellectual property.
We own all trade marks, brands, logos, and other intellectual property rights subsisting in or used in connection with the Website. Your access and use of the Website does not licence You to use Our intellectual property rights in relation to any product or service without Our express permission. All intellectual property subsisting in or used in connection with the Website is and will remain Our sole property.
You agree to use the Website solely for Your own internal use and to refrain from using the Website for any other purpose. You may make additional copies of any reports or other related materials We supply specifically to You, but You may not otherwise copy, reproduce, publish, or disseminate them in any way.
You may not remove Our trade marks, copyright symbols, or any other statement or device which asserts Our intellectual property rights in relation to the Website from any materials You download from the Website or any authorised copies You make of them.
Any comment, feedback, idea, or suggestion (“Comments”) which You provide to Us through the Website becomes Our property. If in the future, We use Your Comments in promoting the Website or in any other format, We will not be liable to You for any loss, cost or expense which may arise from such use. Furthermore, You agree that We are entitled to use Your Comments for any commercial or non-commercial purpose without compensation to You or to any other person who has transmitted Your Comments. If You do provide Us with Comments, You acknowledge that You are responsible for the content of such material including its legality, originality and copyright.
Personal information about visitors to the Website is collected only when knowingly and voluntarily submitted. For example, We may need to collect such information to provide You with further goods or services or to answer or forward any requests or enquiries. We intend that this policy will protect your personal information from being used in any way that is inconsistent with applicable privacy laws in New Zealand.
Personal information that You submit to the Website is used only for the purpose for which it is submitted, or for such other secondary purposes that are related to the primary purpose or as otherwise authorised. Copies of correspondence sent from the Website, that may contain personal information, are stored as archives for record-keeping and back-up purposes only.
Privacy and use of data
We will comply with the Privacy Act 1993 in relation to any applicable information You supply to Us.
We will use any data You give to Us and which identifies You only for the purpose for which it is supplied to Us and will not use it for any other purpose or supply it to any third party except as required by law or authorised by You.
You agree that We or Our IT technicians may access your data where it is necessary to do so for technical maintenance.
We will keep any data received safe and secure. We may engage third parties to provide You with goods and services on Our behalf or to carry out administrative or other functions on Our behalf. In that circumstance, We may disclose Your personal information to those third parties.
We reserve the right to use aggregate data (in a non-identifiable form) supplied to Us by You for Our own business purposes, including the improvement of the Website and Our services.
We may send You electronic messages which facilitate, complete, or confirm any transaction You enter into with Us in relation to the Website. If You consent to receiving other electronic messages from Us, You consent to receiving commercial electronic marketing messages from Us relating to Our goods and services and other information of related interest. We will stop sending You such messages if We receive such a request to stop from You.
We may terminate any agreement arising from these Terms immediately at any time by giving notice to You via the Website or by other means that We deem appropriate. All provisions relating to Intellectual Property, Indemnity, Privacy and Use of Data will survive termination.
You may not assign Your rights or obligations under these Terms without Our express written consent.
Invalid terms severable
If any of the terms, conditions or provisions in these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, then such term, condition or provision will to that extent be severed from the remaining terms, conditions or provisions which will continue to be valid.
If We waive any of Our rights in relation any breach by You of these Terms, that waiver will not be a continuing waiver in relation to other breaches by You.
Governing law and disputes
These Terms will be construed in accordance with the laws of New Zealand, and in terms of enforceability, these Terms shall be deemed “in writing” and “accepted” by both parties.
Any disputes arising out of this these Terms or their subject matter shall be referred to and finally resolved by arbitration in New Zealand in accordance with New Zealand law. The arbitration will be by one arbitrator, to be agreed upon by the parties. If the parties fail to agree upon an arbitrator within 21 (twenty-one) days, an arbitrator will be appointed by the President of the Arbitrator’s and Mediator’s Institute of New Zealand Inc and the arbitration will be held in Auckland, New Zealand, in accordance with the New Zealand Arbitration Act 1996. Nothing in these Terms prevents a party from issuing proceedings in relation to any dispute where the nature of the dispute is such that the party requires urgent interim relief.
Nothing in this Agreement prevents a party from issuing court proceedings in relation to any dispute that requires urgent interim relief.
Links to and from other website
Throughout Our Website You may find links to third party websites. The provision of a link to such a website does not mean that We endorse that website and we are not responsible for its content. If You visit any website via a link on this Website You do so at Your own risk.
Any party wishing to link to Our Website is entitled to do so provided that the conditions below are observed:
- Your use of the Website; and
- Your breach of these Terms.
By linking this Website in breach of this clause You shall indemnify Us for any loss or damage suffered by Us as a result of such linking.
- You do not seek to imply that We are endorsing the services or products of another party unless this has been agreed with Us in writing;
- You do not misrepresent Your relationship with Our Website; and
- The Website from which You link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or rights of a third party.