USE OF THE MY FOOD BAG WEBSITE, APP, PURCHASE OF BAGS AND PRODUCTS, SUBJECT TO THESE TERMS AND CONDITIONS:

1. WHAT DO THESE TERMS COVER?

Thank you for visiting our Website, using our App, entering any of our promotions and purchasing our Bags and Products. To make it easier for you, we have set out the terms and conditions that apply every time you deal with us below in these Terms. These Terms apply whenever you visit or use our Website or App, whenever you buy any of our Bags or Products or when you sign up to any of our promotions.

By using our Website and App, purchasing our Bags and Products or by entering into any of our promotions, you acknowledge that you have read, understood and accepted these Terms, and agree to be bound by them. We have used defined words (words with capital letters) in these Terms.

These words have special meanings and you can see what they mean at the end of these Terms.

If you want to get in touch with us, please email us at [email protected]

For information on how we collect, use and deal with your personal information, please see our privacy policy at https://www.myfoodbag.co.nz/privacy

By agreeing to these Terms and providing us with your personal information, you also agree to our privacy policy.

2. ORDERING RULES

For Bags other than Extras and Speciality Bags (unless stated otherwise):

(a) You can choose to have a weekly or fortnightly regular delivery of a Bag or Bags.

(b) Your order constitutes an order for an ongoing and regular purchase and delivery of Bags selected. Your order will continue each week or fortnight (as selected by you), unless you tell us you want to skip or remove the order before midnight on the Sunday the week before your order is due to be delivered (or two Sundays before if your order is due to be delivered on a Monday). If you have signed up to receive a Bag where you are able to choose your own Recipes each week (for example, the "My Choice" offering) and you fail to select your own choice of Recipes by midnight on Sunday the week before your order is delivered (or two Sundays before if your order is to be delivered on a Monday), a default set of Recipes will be selected for you and you will be obliged to purchase that Bag unless you have chosen to skip that week or to remove an order in accordance with these Terms.

(c) You can choose to skip (for a period of time) or remove (indefinitely) your order.

(d) You can also choose to change a weekly delivery to a fortnightly delivery, and vice versa, before midnight on the Sunday the week before your order is due to be delivered (or two Sundays before if your order is due to be delivered on a Monday).

(e) The cut off day and time for ordering, skipping or removing an order is on the Sunday at 24:00 hours (midnight) the week before the relevant Delivery Date (or two Sundays before if the relevant Delivery Date is a Monday).

(f) The cut off day and time for changing delivery point and dates is on Tuesday at 7:00pm the week before the relevant Delivery Date.

(g) Deliveries are made on a Saturday, Sunday or Monday during the selected upcoming delivery time slot, unless the Delivery Date falls on a public holiday. If the Delivery Date falls on a public holiday, we may need to deliver to you on a different day. If that will happen, we will let you know in advance.

(h) You are able to select which day and time slot you would like to receive your delivery based on what is available in your delivery area. Please see sections 18-23 below for more information on deliveries.

(i) Where you have skipped or removed your order, and we contact you via our Text Messaging Service, you are able to reinstate your deliveries through the use of our Text Messaging Service. Use of this Service will recommence your subscription to My Food Bag subject to these Terms.

(j) Please be aware that Bags (including Extras and Speciality Bags) do not generally include staple ingredients (which includes ingredients such as salt, oil, butter, flour, sugar, soy sauce, fish oil and eggs). We will try to let you know before each Delivery Date which staple ingredients are required in order to prepare the relevant Recipes. The Recipes will also include details of the staple ingredients required but which are not included in the Bag. This information is also available on our App.

(k) My Food Bag reserves the right to charge the Customer a reasonable cancellation fee for any cancelled order, including any Bag, Extra or Speciality Bag. For clarity, this cancellation fee does not apply in circumstances where the Customer has chosen to skip (for a period of time) or remove (indefinitely) an order in accordance with these Terms.

For Extras:

(a) You can only choose an Extra that is associated with an order for delivery of a Bag or Bags that you have also ordered. Please see our Website or App for details on what Extras we currently offer, which are subject to change.

(b) Some Extras are purchased as a "one off" add-on to your Bag whereas other Extras, once selected, will continue to be added as a recurring purchase with every delivery of an associated Bag you order. Whether an Extra is a one-off or a recurring purchase will be indicated on the Website when you first select the Extra and when you review your subscription.

(c) You can choose to remove your order for an Extra or Extras independently of your associated order for a Bag or Bags before midnight on the Sunday the week before your order is delivered.

(d) Your order for an Extra or Extras will be removed automatically if you remove the associated order for a Bag or Bags.

(e) Your order for any recurring Extra or Extras will skip if you choose to skip your associated order of a Bag or Bags (for the same period as you skip the order for a Bag or Bags).

(f) The cut off day and time for ordering or skipping or removing an order for an Extra (as the case may be) is the same as for the associated Bag.

(g) The cut off day and time for changing delivery point and dates for delivery of an Extra is the same as for the associated Bag. Deliveries of Extras are made at the same time as delivery of the associated Bag or Bags.

3. MY FOOD BAG'S DISCRETION

My Food Bag may, at its absolute discretion:

(a) refuse to accept an order;

(b) cancel an order for any reason whatsoever. There will be no charge where we cancel an order, unless you have breached these Terms; and

(c) suspend or terminate the ability of any Customer to order through the Website or App for any reason whatsoever.

Where we need to refuse to accept an order or cancel an order, we will let you know as soon as possible. We will refund you for any cancelled order where we have chosen to cancel the order, as long as you have not breached these Terms.

4. CUSTOMER LIABLE FOR EVERY ORDER

You are liable for every order made under your Login that has not been removed or skipped pursuant to the Ordering Rules.

5. TRADE NOT SUPPLIED

Unless otherwise agreed, you may not purchase Bags or any Products through the Website or App for the purpose of resale.

6. PRICING

The prices are per Bag and are listed on the Website or App. The prices of the Bags are inclusive of GST. Where additional delivery costs are applicable, these costs will be clearly indicated during the order process.

Delivery costs are inclusive of GST.

All amounts are in New Zealand dollars.

My Food Bag reserves the right to change our prices from time to time. We will notify you of a price increase by e-mail as early as we can and at least eight days before the delivery date for an affected Bag.

7. INVOICING

My Food Bag will invoice you via email following payment.

8. PAYMENT

When an order for your first Bag or Bags is placed, a verification payment for the order total will be deducted or debited from your credit or debit card. The verification payment will be refunded to your credit or debit card, however, bank processing times can vary and the payment may take up to ten days to be refunded.

Generally, payment for your first Bag or Bags is due, and will be invoiced and deducted (or as the case may be, debited) from your credit or debit card, in the next scheduled billing run in the week before your selected Delivery Date. This can occur on any day. However, if you order your first Bag or Bags after midnight on Sunday of the week before your first Delivery Date, you'll instead be charged for your first Bag or Bags at the time your order is made.

Payment for a subsequent Bag or Bags is due, and will be invoiced and deducted (or as the case may be, debited) from your credit or debit card, one week before the Delivery Date. The name that will appear on your card statement will be My Food Bag Limited. Payment for Extras (including any items purchased from the Kitchen) will be invoiced and deducted at the same time as the Bag it has been added to and associated with.

As our Speciality Bags are one-off and do not involve ongoing and regular purchases, payment for your Speciality Bags is due, and will be invoiced and deducted (or as the case may be, debited) from your credit or debit card, immediately following placing your order with us.

9. METHOD OF PAYMENT

You must pay My Food Bag for the Bags purchased by credit or debit card (other than American Express). The Website and App do not accept any other form of payment.

10. PAYMENT BY CARD DECLINED OR FAILED

If your credit or debit card is declined or payment otherwise fails to be processed for an order for any reason, My Food Bag may contact you to make alternative payment arrangements and/or, in its discretion, choose not to accept and deliver the relevant order.

If payment has been unsuccessful, My Food Bag will try and deduct payment from your credit or debit card again prior to the Delivery Date and/or after. This is usually done on every day of the week in the lead up to the Delivery Date and may also be on a weekly basis after the Delivery Date for any remaining unpaid deliveries. This timing is subject to change and additional attempts to deduct payment may be made. If payment remains outstanding, My Food Bag may at any time seek to contact you to make alternative payment arrangements and/or, in its discretion, decline to accept and deliver the relevant order (if it has not already been delivered) and suspend future orders.

My Food Bag reserves the right to refuse to accept payment from any particular Customer by credit or debit card for any reason, including in circumstances of suspected fraud.

11. ADJUSTMENTS FOR BILLING ERRORS

It is possible that an error could be included on an invoice or on our Website or App. If you become aware of this, please let us know. If you are overcharged for any Bag ordered, My Food Bag will refund you the necessary adjustment amount to reflect the correct amount that should have been invoiced. We will refund you at your option by either crediting your credit or debit card, or alternatively by crediting your account balance in your online account. Any credit applied to your account is non-transferable and cannot be exchanged or refunded for cash.

If you are undercharged, we will let you know and you will have to pay the amount owing.

12. DEBT COLLECTION

If you owe us any money on your account, you acknowledge that we may pursue and attempt to collect that outstanding amount from you, and we may contact you for this purpose. If we are unable to collect this outstanding amount from you, we may refer the debt to an external debt collection agency. You are liable for all reasonable costs incurred by My Food Bag associated with debt collection where you default in payment for any order.

13. COLLECTION AND STORAGE OF PAYMENT CARD INFORMATION

My Food Bag does not collect or hold customer payment card information. All payment card collection, storage and transactions are performed by our secure PCI compliant 3rd party payment gateway Windcave. At no time are full customer card details viewable by either My Food Bag or any other party. For more information, please see our privacy policy ( https://www.myfoodbag.co.nz/privacy )

14. PRODUCT AVAILABILITY

My Food Bag will make every effort to fulfil orders placed with the Website or App. However, subject to any rights you have under the CGA, we will not be liable to any person if we are unable, or decline, to supply a Bag or Product for any reason whatsoever, other than to refund the amounts paid in respect of the Bag or Product.

We reserve the right to:

(a) limit quantities able to be ordered by Customers; or

(b) limit quantities able to be delivered to Customers. If a Customer's order is reduced in accordance with this clause, the price payable by you for that order will be adjusted or you may be refunded; or

(c) alter Recipes or ingredients due to product quality or stock availability.

My Food Bag will make every effort to include the Recipes you select and the ingredients originally intended to be used in those Recipes. However, from time to time, we may have to supply an alternative Recipe or ingredient as a result of product quality or stock availability.

15. PRODUCT QUALITY

In establishing that a Product was damaged or spoiled on delivery to you, we may require photographic evidence and/or a sample of the damaged or spoiled Product.

If My Food Bag agrees that a Product was delivered to you in a damaged or spoiled condition, My Food Bag will, subject to any rights you have under the CGA, either:

(a) credit the value of the relevant Product to you or (if we can) send a replacement Product to you by courier; or

(b) provide you with a refund.

We will credit or refund you by either crediting the credit or debit card that was used to place the order or, alternatively, crediting your account balance in your online account. Any credit applied to your account is non-transferable and cannot be exchanged or refunded for cash.

All Products supplied will be labelled with a ‘best before’ day or date. Please check all best before dates on arrival and consume before this date. Most seafood, poultry and meat Products can be frozen, unless labelled otherwise. Some Recipes have a note on the front, indicating that the Recipe is best enjoyed earlier in the week. If you prefer to cook more Recipes later in the week, just check the expiration date of your Products and freeze any bread and proteins to enjoy later. Seafood recipes are best eaten first, followed by chicken, then pork, then red meat.

16. COOK TIMES

Cook times are based on the results of Recipe tests conducted by our Recipe testers in the My Food Bag Development Kitchen. Preparation and Ready In times are indicative only and individual Customer results may vary.

17. NUTRITIONAL INFORMATION

We’d like you to know all of our nutrition information provided is an approximation. This is based off purchased ingredients and volumes combined with the most common household ingredient brands, using recipe volumes. All information is calculated as accurately as possible.

INFORMATION ABOUT DELIVERIES

18. DELIVERY AREAS

Please refer to My Food Bag's delivery information pages for confirmation of where My Food Bag delivers to. As part of the My Food Bag ordering and registration process, you will be immediately advised if we are able to deliver to your address. Specific delivery locations are accepted based on the suburb and postcode of the delivery address and so it is important that you provide us with your correct address information. If you do not, then we may not be able to deliver to you.

If a delivery suburb or postcode is included in the registration area, this does not imply that My Food Bag will deliver to all addresses within that suburb or postcode.

My Food Bag may from time to time change the areas to which it delivers. We do not guarantee that delivery to your area will always be available or that every possible Delivery Date or delivery timeframe will be offered to you based on your requested delivery address.

19. DELIVERY & LIABILITY

Deliveries will, subject to these terms and conditions, be made to the Delivery Point on the Delivery Date.

My Food Bag shall be entitled to commission third parties to make delivery.

If My Food Bag brings the Bag inside the Premises, beyond the Delivery Point, at your request, or other person accepting delivery of the Bag on your behalf, whether on any particular occasion or pursuant to a standing instruction or request, My Food Bag will, subject to any liability arising at law which cannot be excluded including under the CGA and FTA, not be liable for any direct or indirect damage or loss (including in negligence) suffered by you or any third party in doing so.

My Food Bag shall be entitled to assume that any person accepting delivery of the Products is either the Customer or someone that is authorised to do so on behalf of the Customer.

20. ACCESSIBILITY, SAFETY AND DEEMED DELIVERY

You must ensure that your Delivery Point is easily accessible to My Food Bag's delivery person, and that it is safe for our delivery person to enter your Premises in order to complete the delivery. If, in our delivery person's reasonable opinion, the Delivery Point is not easily accessible, or it is unsafe to deliver the Products, you will be contacted to make alternative arrangements. We reserve the right to charge you an additional fee in respect of My Food Bag's costs incurred in relation to any deliveries repeated in accordance with this clause.

If, despite our reasonable efforts, we cannot agree an alternative arrangement for delivery with you, we will be relieved of our obligation to deliver the Bag but you will be liable for payment for it in full as if you had received the Bag.

In the situation where it is safe to complete delivery but there is no person present at the Delivery Point at the time of delivery, or you or any other person fails or refuses to take delivery of the Bag, the Bag will be left at the Delivery Point and be deemed to have been delivered at that point in time.

Once delivered, you are responsible for all ingredients. Our chilled meal ingredients are packaged in thermal packaging which is designed to keep items chilled for the duration of the delivery. Please be aware that, depending on the season and temperature at the time of delivery, we recommend unpacking your items as soon as possible to maintain freshness. Advance planning may be required by you to ensure proper storage of your meal ingredients prior to consumption. In the situation where you, as the Customer, have provided written delivery instructions via the “Account Details - Delivery Instructions” section of the Website or App, we will endeavour to deliver the Bag(s) in accordance with these instructions. Where sensitive information is provided e.g. gate entrance codes, we endeavour to keep this information safe and only disclose it to those who require it for delivery purposes.

21. CHANGE OF ADDRESS

You must notify My Food Bag immediately of a change to your delivery address. You can alter the Delivery Point and Premises at any time by calling our Customer Love team until 5pm on Tuesday evening the week before the day for delivery of a Bag; or through your online account up to 7pm on Tuesday evening the week before the day for delivery of a Bag. The address for an upcoming delivery can only be changed within the North Island or within the South Island as all our produce is sourced locally.

22. DELIVERY TIMES

My Food Bag always aims to deliver on time but may from time to time be delayed.

If My Food Bag becomes aware that the delivery of your order is likely to be substantially delayed, My Food Bag will contact you (via phone, text, email or your online account) to arrange an alternative delivery timeframe. If that timeframe is unacceptable to you, you may decline to accept the order and My Food Bag will either refund you or credit you with the cost of that Bag or Bags (or other Products). We will credit you by either crediting the credit or debit card that was used to place the order, or alternatively crediting your account balance in your online account. Any credit applied to your account is non-transferable and cannot be exchanged or refunded for cash.

23. INCORRECTLY OR UNDELIVERED PRODUCTS

If any Product or Bag delivered does not correspond with a Product or Bag ordered, you can:

(a) keep the incorrectly-delivered Product or Bag, in which case no adjustment will be made to the payment due from you for the order containing the incorrect Product or Bag; or

(b) in the case of an incorrectly delivered Product, reject the incorrectly-delivered Product, in which case, My Food Bag will refund the value of the Product that was originally ordered; or

(c) in the case of an incorrectly delivered Bag, My Food Bag will either replace that Bag within a reasonable time (if we can) or refund the value of the Bag that was originally ordered.

We will refund you by either crediting the credit or debit card that was used to place the order, or alternatively crediting your account balance in your online account. Any credit applied to your account is non-transferable and cannot be exchanged or refunded for cash.

If you choose to reject an incorrectly-delivered Bag in accordance with sub-clause (c) above, My Food Bag reserves the right to collect the incorrectly-delivered Bag from you. If you are unable, or refuse, to deliver up the Bag when requested, or deliver the Bag in a different state (e.g., with some Products missing or partially consumed) than the state in which it was delivered to you, My Food Bag reserves the right to charge you for part or all of that Bag.

Nothing in this clause affects your rights under the CGA.

OWNERSHIP AND RISK

24. RISK PASSES ON DELIVERY

Ownership, responsibility and risk in the Products shall pass to the Customer on delivery to the Delivery Point.

25. WARRANTIES LIMITED

You have statutory rights under the CGA and FTA that are not affected by these Terms.

Subject to your rights under the CGA and FTA, all representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions are excluded to the fullest extent permitted by law.

You must ensure that the Products are not used for any purpose for which they are not suitable and you are responsible for using all necessary skill and care in handling and using the Products. You expressly acknowledge that all such Products are accepted by you entirely at your risk.

26. ALLERGIES AND SPECIFIC DIETARY REQUIREMENTS (INCLUDING GLUTEN FREE AND GLUTEN LITE PRODUCTS)

Except where we specifically and expressly advise you otherwise (e.g., in the case of our Gluten Free Bags), the Bags are not designed to cater for any specific dietary requirements, including allergies or cultural or religious dietary requirements.

Where we say a meal is Gluten Lite, that means that, to the best of our knowledge, every Product in the meal is gluten free but that we don't have the same guarantee from our suppliers that we do for Bags that we label as "Gluten Free" that every Product has been processed in a facility that does not contain gluten.

You must take care and have all responsibility for checking the ingredients in Bags.

27. LIABILITY

My Food Bag’s liability to you under the CGA and FTA cannot be excluded or limited in any way. Subject to your rights under the CGA and FTA:

• The liability of My Food Bag whether in contract, tort (including negligence) or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of a Product or Bag or any breach of these Terms shall not in any event exceed an amount equivalent to the price of the relevant Product or Bag.

• My Food Bag shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to your use of, or inability to use, the Website, App or your use of, or the delivery or failure to deliver, any Products or Bags.

If any of these Terms are deemed invalid, void, or for any reason unenforceable, that Term shall be deemed severable and shall not affect the validity and enforceability of any remaining Terms.

28. ALL INTELLECTUAL PROPERTY OWNED BY MY FOOD BAG

All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the Website or App and their contents and all Recipes are owned by, and shall at all times remain the exclusive property of, My Food Bag, its licensors and the providers of any other products and services accessible through the Website or App. This Intellectual Property is protected by New Zealand and international law.

29. EFFECT OF FORCE MAJEURE

If the performance by My Food Bag of its obligations under these Terms (including, for clarity, the fulfilment of an order made by a Customer) is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, pandemic, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever beyond the reasonable control of My Food Bag), My Food Bag shall be excused from such performance to the extent of such prevention.

TERMINATION

30. RIGHT TO TERMINATE IN CERTAIN CIRCUMSTANCES

Either party may terminate this Agreement immediately on notice to the other if the other:

(a) being a Company:

  • goes into liquidation (otherwise than for the purpose of a reconstruction approved by the Company); or
  • has a receiver or statutory manager appointed; or
  • goes into voluntary administration; or

(b) being a natural person:

  • dies; or
  • commits any act of bankruptcy; or
  • commits any criminal offence punishable by imprisonment; or
  • fails to pay an amount due under this Agreement within 7 days of the due date; or
  • breaches any of these Terms and, where the breach is capable of remedy, fails to remedy the breach within a reasonable time of receipt of notice to remedy.

31. CUSTOMERS' RIGHTS TO TERMINATE

You can choose to skip an order at any time in accordance with these Terms or otherwise elect to remove (or "terminate") an order altogether by notifying us via your online account. The cut off day and time for skipping or removing an order is on the Sunday at 2400 hours (midnight) the week before the relevant Delivery Date.

32. TERMINATION DOES NOT RELIEVE PARTIES FROM LIABILITY UP TO TERMINATION DATE

Termination of this Agreement (including by the removal of an order) does not relieve the parties from liability under this Agreement up to the time of termination (or removal), nor does it relieve either party of any obligation to pay any money owed by it to the other party on any account whatsoever. You agree that we can continue to market our products and services to you after termination unless you advise us that you do not wish to receive any further material from us.

33. MY FOOD BAG'S RIGHT TO SUSPEND

If orders are not paid for in full or a Customer's bank declines payment on a Customer's credit or debit card and as a result money is owing to My Food Bag, then My Food Bag reserves the right to suspend the Customer's ability to place further orders on the Website or App until such time as the outstanding balance has been paid in full, including any collection fees.

34. NO WAIVER OF MY FOOD BAG RIGHTS

My Food Bag's failure to insist upon or enforce strict compliance with these Terms will not constitute a waiver of any of our rights.

WEBSITE CONTENT AND USE

35. LINKS TO THIRD PARTY WEBSITES

Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by My Food Bag. My Food Bag does not monitor the content of any other website and is not liable or responsible in relation to any content on them. For the purposes of this clause, a "third party website" is any website other than the Website.

36. SECURITY OF INFORMATION

My Food Bag shall use its reasonable endeavours to prevent any unauthorised entry into the Website or App. However, My Food Bag will not be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.

37. LOGIN

You must keep your Login details safe and confidential at all times. You must not permit any unauthorised person to use your Login details or otherwise gain access to your account.

38. WEBSITE AND APP

You agree not to use the Website or App for any purpose that is unlawful or prohibited by these Terms. You may download the information on the Website or App for your own personal use but otherwise neither the Website nor App, nor any material on them, may be altered, modified, reproduced, transmitted or distributed without My Food Bag's prior written consent.

You agree that you will not interfere with any other party's use and enjoyment of the Website or App, or damage the operation of the Website or App, or My Food Bag's systems or those of other persons who use the Website or App, whether by way of a virus, corrupted file, any other software or program, or otherwise.

GIFT VOUCHERS

39. BUYING GIFT VOUCHERS ONLINE

(a) Gift vouchers may be purchased online from anywhere in the world, but we can only deliver Bags and Products to addresses within New Zealand that we service (so you need to be certain that your intended recipient is within an area that we service when purchasing a My Food Bag gift voucher).

(b) We will deliver gift vouchers purchased by you via email to your email address.

(c) You are responsible for ensuring that all information provided in relation to purchase is correct.

40. SPENDING GIFT VOUCHERS ONLINE

(a) Only My Food Bag gift vouchers can be redeemed on the Website or App.

(b) Go to the “Gift Voucher” tab on the Website or App, enter the voucher number and then follow the instructions to complete your purchase(s).

41. GIFT VOUCHER TERMS & CONDITIONS

(a) My Food Bag gift vouchers can only be purchased online via the Website or App.

(b) Gift vouchers can be partially redeemed. The un-used balance is non-refundable where you are not an ongoing My Food Bag Customer. If you are an ongoing My Food Bag Customer, the un-used balance will be credited to your account.

(c) The minimum gift voucher amount is $20 and the maximum gift voucher amount is $1000.

(d) Where you are giving a gift voucher to an existing My Food Bag Customer, or if the gift voucher recipient chooses to subscribe to My Food Bag on redemption, the amount of the voucher will be applied as a credit to their account or they can choose to purchase additional Products.

(e) All gift vouchers expire 12 months from date of purchase.

(f) A gift voucher cannot be reloaded, and unused balances at the expiry date will not be refunded.

(g) My Food Bag is not responsible if a gift voucher is used without permission.

(h) Gift vouchers will not be refunded or replaced.

(i) Gift voucher value cannot be redeemed for cash or credited to a bank account.

(j) These Terms will apply to all purchases of Bags or Products using a gift voucher.

(k) Any credit from a partially redeemed gift voucher applied to your account will be valid for the same period as the original gift voucher, 12 months from the date of purchase. The credit is non-transferable and cannot be exchanged or refunded for cash.

GENERAL

42. VARIATION OF THESE TERMS

From time to time we may vary these Terms. My Food Bag will notify you of any changes at least eight days before the Delivery Date of your next order. We may notify you by posting the updated Terms on our Website or App. Please check these Terms periodically for changes. Your continued use of the Website or App after the Terms have been changed indicates your acceptance of those changes.

43. HOW YOU CAN GIVE US NOTICE

You can give us notice under these Terms via the "My Account" section on the Website or the App.

44. HOW WE WILL GIVE YOU NOTICE

We will give you notice by phoning, emailing and/or texting you.

45. NEW ZEALAND GOVERNING LAW

New Zealand law governs the use of the Website, App and these Terms.

46. DEFINITIONS

"App" means the My Food Bag mobile application.

"Agreement" means the agreement made when we accept an order from you to purchase Bags, the terms of which are set out in your order and these Terms.

"Bag" means a delivery of Recipes along with food ingredients necessary for the relevant Recipes, which are able to be ordered via the Website and includes Extras and Speciality Bags. Our Bags also include the boxes in which they are delivered.

"CGA" means the Consumer Guarantees Act 1993.

"Customer", "you" and "your" means you and any other person who registers, and/or orders a Bag, under your Login.

"Delivery Date" means, subject to these terms and conditions, a Saturday, Sunday or Monday.

"Delivery Point" means an outside area of the Premises, such as your front door, or any particular outside area specified by you in making an order via the Website. If the Premises are a multi-level building, the Delivery Point shall be located on the ground floor of the building.

"Extra" means Extra products, combinations of products or services which are from time to time offered by My Food Bag as complimentary, or add-ons to a Bag, including any items purchased from the Kitchen.

"FTA" means the Fair Trading Act 1986.

"GST" means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.

"Intellectual Property" means all intellectual property rights of whatsoever nature, whether registered or unregistered, including (without limitation) copyright in the Recipes.

"Login" means your personal email address and password used to access the Website under your registration.

"My Food Bag" "we" and "our" means My Food Bag Limited, which is the seller of the Products and the Bags and the owner of the Intellectual Property and includes its related companies, directors, officers, employees or agents.

"Ordering Rules" means the rules set out in clause 2 as updated and/or amended from time to time.

"Premises" means the premises at the address specified by you on your registration application, as amended from time to time.

"Products" means the produce, meat and fish and any other products from time to time included in Bags, and sold via the Website, including any extras.

"Recipe" and "Recipes" means the recipes from time to time designed by My Food Bag and enclosed with each Bag.

Speciality Bags" means one off speciality deliveries of Recipes along with food ingredients necessary for the relevant Recipes (e.g., a one off Christmas bag or a late one-off sale that is outside the standard subscription period), which are from time to time offered by My Food Bag and able to be ordered via the Website or App.

"Terms" means these terms and conditions.

"Text Messaging Service" means the text messaging service provided by My Food Bag, which enables Customers to resume delivery of their Bag by responding to a text message sent by My Food Bag within a specified time period.

"Website" means this internet site and the My Food Bag app owned by My Food Bag, being the medium by which you subscribe to receive Bags.

REFER A FRIEND

47. REFER A FRIEND

"The Promoter" is My Food Bag Limited, 56 Parnell Road, Auckland.

"Promotional Period" means from 4.00pm, Monday 8th November 2021 until 11.59pm, Sunday 3rd April 2022.

"Friend" means an individual that (a) is a friend, acquaintance or family member of the Referrer; and (b) is not currently and has never been a customer of the Promoter nor participated in any other offer or promotion offered by The Promoter. Therefore, the individual must: be a first-time purchaser of My Food Bag; and never have had any active subscriptions with My Food Bag.

To be eligible for $30 off, the existing My Food Bag Customer ("Referrer") must share their Refer a Friend promotional code in the Promotional Period to the Friend. Once a Friend signs up and orders a bag or bags using the Referrer’s Refer a Friend promotional code in the Promotional Period, the Friend will receive $30 off their first My Food Bag purchase, and the Referrer will have a $30 credit applied to their account.

The Referrer will receive a $30 credit for each Friend that signs up and orders a bag or bags. One Refer a Friend Credit can be used per delivery, therefore in the event that a Referrer has multiple Refer a Friend Credits those Credits will be applied separately against subsequent deliveries in the order that they were accumulated. The value of each credit will be determined by the Promotional Period in which the credit was received.

Refer a Friend promotional codes may expire prior to a Referrer's Friend's use. Sending more than one Refer a Friend promotion code to the same household or to the Referrer’s household is not permitted. The Referrer and the Friend will not be eligible for the Promotion if the Referrer and the Friend reside at the same residential address or arrange to have the My Food Bag product delivered to the same delivery address.

A Friend cannot use a Refer a Friend promotional code together with any other promotional code on their first My Food Bag purchase.

In the event that a Friend uses a Gift Voucher, and a Refer a Friend promotional code that results in a total sum that is greater than the value of the My Food Bag the Friend has selected, their account will go into credit, and the credit will be applied to their next purchase.

Each $30 credit will be valid for up to twelve (12) calendar months after the termination or expiry of the Promotion, is non-transferable and cannot be exchanged or refunded for cash.

Subject to any rights of the Referrer or Friend under New Zealand law, The Promoter may cancel, terminate, modify or suspend the Promotion or these Terms and Conditions at any time and for any reason before the end of the Promotional Period and shall not be liable to any entrant, Friend or Referrer for any loss or damage incurred as a result. Any Referrer and Friend that have met the conditions of the Promotion before this termination date shall still be eligible for the Promotion.

The Promoter reserves the right to withhold or deduct credits obtained using Refer a Friend promotional codes by the Referrer in the event that The Promoter determines or reasonably believes that the use or redemption of the Refer a Friend promotional code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

Refer a Friend promotional codes must only be circulated to the intended audience (friends and family), and in a lawful manner; and may not be duplicated, sold or transferred in any manner, or made available to the public (whether posted to a public forum or otherwise), unless expressly permitted by The Promoter.

By using the Refer a Friend promotional code the Referrer and Friend agree that they are wholly subject to these Terms & Conditions.

FRESH START WITH NADIA

48. Fresh Start & Weight Loss

Fresh Start with Nadia is designed to support healthy weight loss through the delivery of recipes and ingredients for calorie controlled meals. Fresh Start with Nadia meals have been developed under the supervision and advice of nutritional experts. Fresh Start The Programme is designed to encourage a safe rate of weight-loss, meaning weight-loss for an average healthy adult of up to a kilogram each week. My Food Bag and Fresh Start with Nadia are not medical organisations, and we cannot give you medical advice. If you have concerns about your health, we strongly advise you to consult with your GP or doctor before purchasing this product. Further, if you:

  1. already see your doctor for any condition which requires regular medical checks;
  2. are taking medicines or drugs prescribed by your doctor; and/or
  3. have been advised to eat a special diet to treat an illness or medical condition, then we strongly recommend you discuss Fresh Start with Nadia with your doctor before purchasing the product. Examples of such conditions include: diabetes, high blood pressure (hypertension), heart disease, peptic or stomach ulcer, gallstones, kidney stones, and bowel disorders. This list is not exhaustive. Fresh Start with Nadia has not been specifically designed for use by children or pregnant women. Such individuals are advised to seek professional medical advice prior to initiating any form of weight loss effort or regimen. Fresh Start with Nadia is not suitable for individuals with a recognised eating disorder (eg, anorexia nervosa or bulimia nervosa). Fresh Start with Nadia involves the delivery to customers of recipes and ingredients for calorie controlled dinners, and is designed to assist with weight loss when incorporated as part of a healthy diet and active lifestyle. As such, individual weight loss results may vary. Customers should seek professional advice on diet, exercise and lifestyle changes.

LOSE 5KG IN 8 WEEKS

49. Lose 5kg in 8 weeks

a) Weight loss based off responses from Fresh Start (5 Nights for 1), Fresh Start (5 Nights for 2) and Fresh Start (5 Nights for 4) customers whose goal was to lose weight and who were successful in that goal. Individual results may vary. b) For the avoidance of confusion, ‘Lose 5kg in 8 weeks’ claim does not pertain to Fresh Start Quick.

PROMO CODES

50. Promotional Codes

  1. My Food Bag may provide the public with codes for discounted bags and/or similar promotions (“promotion codes”). In the event that a promotion code does not have its own Terms and Conditions, these Terms and Conditions shall prevail.
  2. Promotion codes will be targeted to limited users. To utilise promotion codes, users must meet the intended user criteria specified by My Food Bag and then either create or already have an existing account set up on the My Food Bag website (depending on the promotion code criteria). The promotion code is entered into the user’s subscription details to redeem. The promotion code will be applied against the GST inclusive amount payable for the user’s delivery once an order is made. A customer can only use one promotion code per order.
  3. A promotion code may only be used once and may not be copied, reproduced, distributed, or published either directly or indirectly in any form or stored in data retrieval systems without our prior written approval.
  4. My Food Bag may cancel, terminate, modify or suspend the promotion code or these Terms and Conditions at any time and for any reason and shall not be liable for any loss or damage incurred as a result.
  5. My Food Bag reserves the right to withhold or deduct credits obtained using a promotion code in the event that My Food Bag determines or believes that the use or redemption of the promotion code was in error, fraudulent, illegal, or in violation of the applicable promotion code terms or these Terms.
  6. Promotion codes must only be circulated to the intended audience, and in a lawful manner; and may not be duplicated, sold or transferred in any manner, or made available to the public (whether posted to a public forum or otherwise), unless expressly permitted by The Promotor.
  7. Promo codes cannot be used on any Christmas Bag purchases.
  8. By using a promotion code the user agrees that they are wholly subject to these Terms & Conditions.
  9. Promo codes specific to first-time orders can only be used by customers who have never bought a My Food Bag, Bargain Box, Fresh Start or MADE delivery before. This includes '30% off your first order' promotions.
  10. A promotion code cannot be used on, and will not be applied towards, any Extras (including any item purchased from the Kitchen) or Speciality Bags, unless specifically stated otherwise. This includes '30% off your first order' promotions, which only be applied to the underlying core meal kit ordered for the first time as part of a Bag.

If used a promo code that applies a percentage-based discount is used in conjunction with a refer-a-friend discount, the amount of that refer-a-friend discount will be deducted from the total cost before applying the percentage off promotion using the promo code.

Fresh Start 6 Week Reset

51. Fresh Start 6 Week Reset

Fresh Start 6 Week Reset a. “The Promoter” is My Food Bag Limited, 56 Parnell Road, Auckland. b. “The Promotion Period” commences at 10:00am, Wednesday 29th September 2021 and closes 11:59pm, Monday 13th December 2021. The first delivery of The Promotion must be between Sunday 10th October 2021 – Monday 8th November 2021 inclusive. c. “The Promotion” is open to customers who order a Fresh Start product for delivery during the Promotional Period, and add the 6 Week Reset to their subscription in their account area, and have their first delivery between Sunday 10th October 2021 – Monday 8th November 2021. To receive the 6th delivery reward, the 6th delivery must be on or before Monday 13th December 2021. d. Only customers with Fresh Start subscriptions are eligible to join the 6 Week Reset. e. Customers who sign up to 6 Week Reset during the Promotional Period, and then receive 3 Fresh Start deliveries before Monday 22nd November 2021 will receive a free Gift. For this campaign, the free Gift is a Fresh Start Black Forest Energy Balls Pack. This Gift will be automatically applied to the customer’s account. This offer is available while stocks last. g. Customers who sign up to 6 Week Reset during the Promotional Period, and then receive 6 Fresh Start deliveries before end of the Promotional Period, 13th December 2021, will receive another free Gift. For this campaign, the free Gift is an Ashley & Co prize pack including a 500mL Washup and 500mL Sootherup. This Gift will be automatically applied to the customer’s account. This offer is available while stocks last. The scent of the items will be assorted, and customers will not be able to choose the scent they will receive. h. The Promoter will use its best endeavours to provide the Gift listed. If any of the Gifts are unavailable for whatever reason, the Promoter reserves the right to substitute that Gift for another item of equivalent or greater value. i. Rewards will vary between campaigns. j. The Promoter may cancel, terminate, modify or suspend The Promotion or these Terms and Conditions at any time, and for any reason before the end of The Promotional Period and shall not be liable to any entrant or prize winner for any loss or damage incurred as a result. k. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter's control); ( b) any theft, unauthorised access or third party interference; (c) any variation in prize value to that stated in these Terms and Conditions; (d) any tax liability incurred by a claimant; or (e) participation in the promotion or use of a Gift. l. Information on how to enter form part of the conditions of entry. By entering into this promotion, entrants agree they are wholly subject to the terms and conditions.

MY FOOD BAG OUTLET SALES

52. My Food Bag Outlet Sales Terms and Conditions

Unless otherwise specified, all products sold directly to customers at our My Food Bag Outlet cannot be refunded or credited. While best endeavours are made to ensure the boxes sold are in good condition, from time to time ingredients may be missing or damaged and the discounted price offered takes this into account. All sales are final.

GARDEN TO TABLE

53. Arrangement with Garden to Table

  1. Garden to Table has entered into a contractual arrangement with MytFood Bag. This arrangement enables My Food Bag to collect fundraising donations made on My Food Bag's website on Garden to Table's behalf.
  2. My Food Bag cannot collect donations without Garden to Table's permission.

54. Use of funds by Garden to Table

  1. My Food Bag makes no representations or warranties in relation to the use by Garden to Table of funds raised on My Food Bag's website or the services provided.
  2. Garden to Table makes no representations or warranties in relation to the specific use of funds raised, other than in circumstances where Garden to Table has expressly stated that funds raised will be applied to a particular project or appeal.

55. Does My Food Bag receive payment for collecting donations?

  1. My Food Bag does not receive payment or take a service fee for the collection donations to Garden to Table.
  2. MFB will cover any merchant fee charges paid in connection with donations to Garden to Table through My Food Bag's website (meaning that the full amount you pay will go to Garden to Table).

56. GST on purchase

  1. All donations to Garden to Table are GST exempt.

57. Receipts

  1. Receipts can be provided for each tax year on request.

58. Privacy

  1. My Food Bag takes privacy seriously. My Food Bag will only pass on your personal information to Garden to Table if you request a donation receipt and/or an annual tax certificate.

59. Non-refundable and non-transferable

  1. All donations to Garden to Table are non-refundable and non-transferable. This is unless My Food Bag, in its sole discretion, directs otherwise which will only occur in exceptional circumstances.

Christmas Bag 2021

60. Christmas Bags 2021

Christmas Bag 2021

61. Additional terms Our Christmas Bag for 2021 is a one-off Specialty Bag, payment for which is due, and will be invoiced and deducted (or as the case may be, debited) from your credit or debit card, immediately following placing your order with us. After your order for a Christmas Bag has been placed, you will not be able to cancel. You will, however, be permitted to change your delivery address at any time up until 6 December 2021, but you can only change your delivery address within the North Island (if you are a North Island customer) or within the South Island (if you are a South Island customer) due to delivery slot capacity. In the event that COVID-19 Alert Levels increase after your order is placed and as a result your Christmas plans are disrupted, we may on a case by case basis allow you to change your delivery address at a later date (i.e. after 6 December) or cancel your Christmas Bag altogether.