Use of Website subject to terms and conditions
1. Use of the Website, Purchase of Bags and Products, subject to these terms and conditions
Your access to, and use of, the Website and your purchase and use of the services and products able to be purchased via the Website is subject to the following terms and conditions. By using the Website you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them.
Registration and Orders
2. Ordering rules
For Bags other than Extras and Speciality Bags
- You can choose to have a weekly or fortnightly regular delivery of a Bag or Bags.
- Your order constitutes an order for an ongoing and regular purchase and delivery of Bags selected and will, subject to the rights to skip and terminate set out in these terms and conditions, continue indefinitely.
- You can choose to skip (for a period of time) or remove (indefinitely) your order.
- You can also choose to change a weekly delivery to a fortnightly delivery and vice versa.
- The cut off day and time for ordering, or skipping or removing an order is on the Monday at 2400 hours (midnight) the week before the relevant Delivery Date.
- The cut off day and time for changing delivery point and dates is on Wednesday at 10:00pm the week before the relevant Delivery Date.
- Deliveries are made (subject to clauses 15 to 20 below) on a Sunday or Monday during the selected upcoming delivery time slot. You are able (subject to clauses 15 to 20 below) to select which day and time slot you would like to receive your delivery based on what is available in your delivery area.
- Where you have skipped or removed your order, and we contact you via Text Message, 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 and conditions.
- You can only choose an Extra which is associated with an order for delivery of a Bag or Bags that you have also ordered.
- Extras include My Fruit Choices, My Lunch Box, My Heat & Eat and My Way.
- Your order constitutes an order for an ongoing and regular purchase and delivery of Extras selected and will, subject to your continuing and ongoing order for the regular purchase and delivery of the associated Bag or Bags and the rights to terminate set out in these terms and conditions, continue indefinitely.
- You can choose to remove your order for an Extra or Extras independently of your associated order for a Bag or Bags.
- Your order for an Extra or Extras will be removed automatically if you remove the associated order for a Bag or Bags.
- Your order for an 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).
- You can also choose to change a weekly delivery to a fortnightly delivery and vice versa. If a delivery is changed to weekly, the associated Bag or Bags order must also be weekly.
- The cut off day and time for ordering, or skipping or removing an order is on the Monday at 2400 hours (midnight) the week before the relevant Delivery Date.
- The cut off day and time for changing delivery point and dates is on Wednesday at 10:00pm the week before the relevant Delivery Date.
- Deliveries are made at the same time as delivery of the associated Bag or Bags.
- If you do not wish for any such Product to be re-delivered:
- My Food Bag, at our sole discretion, may refund the value of that Product (as at the date on which the Product was ordered); and
- My Food Bag reserves the right to charge the Customer a reasonable cancellation fee for the cancelled order.
For Speciality Bags
- Speciality Bags include My Christmas Bags.
- Bags do not generally include staple ingredients such as salt, oil or butter. We will notify you prior to each the 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.
- The email address for communications with My Food Bag is [email protected].
3. My Food Bag discretion
My Food Bag:
- has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever;
- has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. My Food Bag may cancel an order for any reason whatsoever; and
- may, at its absolute discretion, suspend or terminate the ability of any Customer to order through the Website for any reason whatsoever.
4. Customer liable for every order
You are liable for every order made under your Login which 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 for the purpose of resale.
Price and Payment
The prices are per Bag and are listed on the Website. 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 the prices from time to time during the term of this agreement. We will notify you of a price increase by e-mail at least eight days before the delivery date for an affected Bag.
My Food Bag will invoice you via email.
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 card. The verification payment will be immediately refunded to your credit 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 card, in the next scheduled billing run in the week preceding your selected delivery date, being either Tuesday, Wednesday or Friday from 3:00am onwards. However, if you order your first Bag or Bags after midnight on Monday 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 card, on the Tuesday morning prior to the Delivery Date. The name that will appear on your credit card statement will be My Food Bag Limited. Payment for Extra Bags will be invoiced and deducted on the same timings as the Food Bag it has been added to.
As our Speciality Boxes are one-off and do not involve ongoing and regular purchases, payment for your Speciality Box(s) is due, and will be invoiced and deducted (or as the case may be, debited) from your credit card, immediately following placing your order with us.
9. Method of Payment
You must pay My Food Bag for the Bags purchased by credit card (other than American Express). The Website does not accept any other form of payment.
10. Payment by credit card declined
If your credit card is declined by its financial institution or fails to process for a subsequent Bag or Bags, payment will be deducted (or as the case may be, debited) from your credit card on the Wednesday morning prior to the Delivery Date. If your credit card is declined or fails to process on the Wednesday morning prior to the Delivery Date, My Food Bag may decline to deliver the relevant order and/or My Food Bag will contact you to make alternative payment arrangements.
My Food Bag reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever.
If you are invoiced an incorrect amount for any Bag ordered, My Food Bag shall be paid, or will refund you, the necessary adjustment amount to reflect the correct amount which should have been invoiced. We will refund you by either crediting your credit card or alternatively crediting your account balance in your online account. Any credit applied to your account will be valid for up to twelve (12) calendar months, is no-transferable and cannot be exchanged or refunded for cash.
12. Debt collection
You are liable for all costs associated with debt collection where you default in payment for any order.
Product availability and quality
13. Product availability
My Food Bag will make every effort to fulfil orders placed with the Website, however 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 limit quantities able to be ordered by, or 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 accordingly.
My Food Bag may alter recipes or ingredients due to stock availability.
For customers who have upgraded to My Way and have selected protein preferences, My Food Bag will make every effort to exclude the selected proteins you select, however, from time to time, we may supply excluded proteins as a result of product quality or stock availability. However we reserve the right to provide excluded proteins due to product quality or stock availability. Bag availability may vary by delivery area or at My Food Bag’s discretion.
14. 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 shall, at your request, credit the value of the relevant Product to you. We will credit you by either crediting your credit card or alternatively crediting your account balance in your online account. Any credit applied to your account will be valid for up to twelve (12) calendar months, is no-transferable and cannot be exchanged or refunded for cash.
15. 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.
16. Nutritional Information
We’d like you to know all of our nutrition information provided is an approximate. 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.
17. 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 and electronically 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.
18. Delivery and 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.
19. Accessibility, safety and deemed delivery
You must ensure that your Delivery Point is easily accessible to My Food Bags' 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 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 any deliveries repeated in accordance with this clause. If alternative arrangements acceptable to My Food Bag are not reached, 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, but 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 and or Mobile Application 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. Please refer to clause 28 “Collection of Information” below.
20. 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 up to 10:00 pm Wednesday the week before the day for delivery of a Bag.
21. Delays to Delivery
My Food Bag always aims to deliver on time but may from time to time be delayed and shall not be liable for failure to deliver on a timely basis.
If My Food Bag considers 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 credit you with the cost of that Bag or Bags. We will credit you by either crediting your credit card or alternatively crediting your account balance in your online account. Any credit applied to your account will be valid for up to twelve (12) calendar months, is no-transferable and cannot be exchanged or refunded for cash.
Where the Delivery Date falls on a public holiday, we reserve the right to deliver on the next working (non-public holiday) day. In any such case we will endeavour to notify you at least 36 hours before the relevant Delivery Date.
22. Incorrectly or undelivered Products
If any Product or Bag delivered does not correspond with a Product or Bag ordered, you can:
- 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
- reject the incorrectly-delivered Product or Bag, in which case: in the case of an incorrectly delivered Product, My Food Bag will refund the value of the Product that was originally ordered; and
- in the case of an incorrectly delivered Bag, My Food Bag will at its option either replace that Bag within a reasonable time or refund the value of the Bag that was originally ordered.
We will refund you by either crediting your credit card or alternatively crediting your account balance in your online account. Any credit applied to your account will be valid for up to twelve (12) calendar months, is no-transferable and cannot be exchanged or refunded for cash.
If you choose to reject an incorrectly-delivered Bag in accordance with sub-clause (b), 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 that Bag.
Ownership and Risk
23. Risk Passes on Delivery
Ownership, responsibility and risk in the Products shall pass to the Customer on delivery to the Delivery Point.
24. Warranties limited
You have statutory rights under the CGA and FTA that cannot be excluded or limited in any way, subject to those rights 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 acknowledge that you do not rely on any representation or statement made by or on behalf of any member of My Food Bag other than the express provisions of these terms and conditions. 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 and agree that My Food Bag does not assume any obligation or liability for any advice given, and that all such Products are accepted by you entirely at your risk.
Liability and Indemnity
25. 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 allergies or specific or cultural dietary requirements. From time to time our Recipes may indicate that a Recipe which is not gluten free can be made to be Gluten Lite by the substitution of certain products. Where we say a meal is Gluten Lite, that means that, to the best of our knowledge, every Product in the Bag 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.
26. Product liability
Under the CGA and FTA My Food Bag’s liability to you cannot be excluded or limited in any way. Subject to the CGA and FTA the liability of My Food Bag whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a Product or any other breach of My Food Bags' obligations relating to the Products hereunder shall not in any event exceed an amount equivalent to the price of the relevant Product.
27. No liability for indirect loss
You have statutory rights under the CGA and FTA to recover compensation for consequential loss arising from a breach of the CGA or FTA, these rights cannot be excluded or limited in any way. Subject to the CGA and FTA 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, or the delivery or failure to deliver any Products.
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 and its contents and all Recipes is 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, and 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 and conditions is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, 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.
30. Collection of information
The Website contains applications which collect personal information about you. My Food Bag will only use this information to the extent authorised by you, and will only disclose it in the manner set out below.
In using the Website, you authorise My Food Bag to collect, retain and use your personal information for the purposes of:
- processing your registration application;
- assessing your credit-worthiness;
- undertaking any dealings or transactions with you;
- enforcing any legal or other rights My Food Bag may have against you in any manner that My Food Bag sees fit;
- sending you any advertising or promotional material;
- enhancing the Website so that My Food Bag may offer you a better, more personalised and tailored service; and
- Instructing our third party delivery agents.
31. Collection from other sources
In using the Website you further authorise My Food Bag to collect personal information about you from any other source available to My Food Bag including but not limited to credit referral agencies, your bank, any other suppliers of products and services to you and other persons or companies with whom you have been associated.
32. My Food Bags' right to refuse application
If sufficient personal information is not supplied, or is not satisfactory to My Food Bag, then My Food Bag reserves the right to refuse to accept your application to register to use the Website or to make orders.
The Website may use 'cookies'. Cookies are an element of data that the Website can send to your browser, which may then store it on your system. To use the Website you do not necessarily need to enable your browser to accept cookies, although some information/services may not be available if you disable your browser not to accept cookies.
The Website may from time to time use, Google Display Advertising services. In this context, My Food Bag may from time to time use Google Analytics cookies for AdWords Remarketing – displaying My Food Bag advertisements on the Google Display Network based on visitors’ interactions with the My Food Bag website. No personally identifiable data is collected for this advertising. Visitors can opt out of Google Analytics for Display Advertising and customise Google Display Network ads using Google’s Ads Preferences Manager. Visitors can also opt out of visit information being collected by Google Analytics on all websites by using the Google Analytics Opt-Out Browser Add-On.
34. Information retained by My Food Bag
Any personal information (excluding credit card details) supplied by you may be retained by My Food Bag until such time as you request that the information be removed.
Any personal information supplied by you and retained by My Food Bag may be disclosed to other persons or body corporates engaged by My Food Bag for or in relation to any of the purposes listed in clause 29 above, including but not limited to:
- Research and/or marketing firms.
- Credit referral agencies.
- Business advisors.
My Food Bag may also disclose aggregated user statistics to any party, provided that these statistics do not contain any information about identifiable Customers and their individual shopping habits.
36. Storage of personal information
My Food Bag has taken many steps, from both technical and systems perspectives, to ensure that your information is well protected. However it is important that you remember to never share your Login with any other person.
While My Food Bag endeavours to keep your personal information collected on the Website secure and confidential, My Food Bag shall not be responsible for any breach of security caused by third parties, nor represents that the Website is completely secure.
37. Your rights of access
You have the right under the Privacy Act 1993 to access and request to update and/or correct your personal information held by My Food Bag. If you do so, you agree to pay My Food Bag the reasonable charges requested by My Food Bag in relation to time and attendances involved in complying with your request in this regard.
Access to your personal information held by My Food Bag is available to you in the "My Account" area of the Website. You can change or update your personal information at any time in the "My Account" area of the Website.
38. Right to terminate in certain circumstances
Either party may terminate this agreement immediately on notice to the other if the other:
- 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
- being a natural person:
- dies; or
- commits any act of bankruptcy; or
- commits any criminal offence punishable by imprisonment; or
- proposes or enters into any scheme of arrangement or composition with its creditors; or
- fails to pay an amount due under this agreement within 7 days of the due date; or
- breaches any other term of this agreement and, where the breach is capable of remedy, fails to remedy the breach within a reasonable time of receipt of notice to remedy.
39. Customer rights to terminate
Except in the case of orders which you have paid for (e.g. first time orders or Speciality Bags), you can terminate this agreement at any time temporarily or indefinitely by notifying us via your online account. The cut off day and time for skipping or removing an order is on the Monday at 2400 hours (midnight) the week before the relevant Delivery Date.
40. Termination does not relieve parties from liability up to termination date
Termination of this agreement does not relieve the parties from liability under this agreement up to the time of termination, 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.
41. My Food Bag right to suspend
If orders are not paid for in full or a Customer's bank declines payment on a Customer's bank 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 until such time as the outstanding balance has been paid in full.
42. No waiver of My Food Bag rights
My Food Bag's failure to insist upon or enforce your strict compliance with these terms and conditions will not constitute a waiver of any of our rights.
Website content and use
43. 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.
44. Security of information
My Food Bag shall use its reasonable endeavours to prevent any unauthorised entry into the Website. However, My Food Bag will not be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.
You must keep your Login details safe and confidential at all times.
46. Site content
While My Food Bag has endeavoured to ensure that the information provided on the Website is free from error, My Food Bag does not warrant its accuracy, adequacy or completeness, and My Food Bag shall not be responsible or liable for any error in, or omission from, the information provided on the Website.
We reserve the right to make changes to the information provided on the Website at any time and without notice.
47. Use of the site
You agree not to use the Website for any purpose that is unlawful or prohibited by these terms and conditions. You may download the information on the Website for your own personal use but otherwise neither the Website, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without My Food Bags' prior written consent. You agree that you will not interfere with any other party's use and enjoyment of the Website, or damage the operation of the Website, or My Food Bags' systems or those of other persons who use the Website, whether by way of a virus, corrupted file, any other software or program, or otherwise.
Notwithstanding any other term, you agree to indemnify My Food Bag against all liabilities, losses, claims and expenses suffered or incurred by you, and all claims and demands made against My Food Bag, arising directly or indirectly out of your use of the Website, in breach of these terms and conditions.
49. Buying Gift Vouchers online
- 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).
- We will deliver gift vouchers purchased by you via email to your email address.
- You are responsible for ensuring that all information provided in relation to purchase is correct.
50. Spending Gift Vouchers online
- Only My Food Bag gift vouchers can be redeemed on the Website.
- Go to the “Gift Voucher” tab on the Website, enter the voucher number and then follow the instructions to complete your purchase(s).
51. Gift Voucher Terms & Conditions
- My Food Bag gift vouchers can only be purchased online via the Website.
- 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.
- The minimum gift voucher amount is $20 and the maximum gift voucher amount is $1000.
- 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.
- All gift vouchers expire 12 months from date of purchase.
- A gift voucher cannot be reloaded, and unused balances at the expiry date will not be refunded.
- My Food Bag is not responsible if a gift voucher is used without permission.
- Gift vouchers will not be refunded or replaced.
- Gift voucher value cannot be redeemed for cash or credited to a bank account.
- All purchases of Bags or Products using a gift voucher will otherwise be subject to these terms and conditions.
- Any credit 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.
Variation of terms and conditions
52. Variation of terms and conditions
From time to time we may vary these terms and conditions without notice. Please check these terms and conditions periodically for changes. Your continued use of the Website after the terms and conditions have been changed indicates your acceptance of those changes.
53. My Food Bag reserves the right to make improvements to terms and conditions
My Food Bag Online reserves the right to make improvements or changes to these Terms and Conditions at any time (including without limitation the correction of errors, omissions, inaccuracies or ambiguities and to meet legal or regulatory requirements). If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
54. How you can give us notice
You can give us notice under these terms and conditions via the "My Account" section on the Website.
55. How we will give you notice
We will give you notice by phoning, emailing and/or texting you.
56. New Zealand Law governs
New Zealand law governs the use of the Website and these terms and conditions.
"this 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 and conditions.
"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.
"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 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.
"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, 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.
"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), which are from time to time offered by My Food Bag and able to be ordered via the Website.
"The 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.
"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.
Refer a Friend
58. Refer a Friend
"The Promoter" is My Food Bag Limited, 56 Parnell Road, Auckland. "Promotional Period" means from 4pm, Wednesday 24th July 2019 until 11.59pm, Monday 2nd September 2019. "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 $40 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 $40 off their first My Food Bag purchase, and the Referrer will have a $40 credit applied to their account. The Referrer will receive a $40 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 $40 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
59. 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. The program 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:
- already see your doctor for any condition which requires regular medical checks;
- are taking medicines or drugs prescribed by your doctor; and/or
- 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 6.5KG in 12 weeks
60. Lose 6.5kg in under 12 weeks
Weight-loss is based off the average weight loss of responses from Fresh Start customers who purchased Fresh Start over 10-12 weeks, whose goal was to lose weight and who were successful in that goal between 11th Feb 2018 to 29th April 2018 or 1st October 2017 and 8th December 2017. Individual results may vary.
61. Promotional Codes
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Promo codes cannot be used on any Christmas Bag purchases.
- By using a promotion code the user agrees that they are wholly subject to these Terms & Conditions.
Fresh Start The Programme
62. Fresh Start The Programme
SIGN UP TO THE FRESH START PROGRAMME CAMPAIGN AND GET REWARDS ON YOUR 1st, 4th and 8th DELIVERY 1. “The Promoter” is My Food Bag Limited, 56 Parnell Road, Auckland. 2. “The Promotion Period” commences at 12:00am, Thursday 3rd October 2019 and closes 11:59pm, Monday 23rd December 2019. The first delivery must be between Sunday 13th October 2019 – Monday 4th November 2019 inclusive. 3. “The Promotion” is open to customers who order a Fresh Start (5 Meals for 1), Fresh Start (5 Nights for 2) or Fresh Start (5 Nights for 4) for delivery during the promotional period and add the Fresh Start Programme to their subscription and have their first delivery between Sunday 13th October 2019 – Monday 4th November 2019. To receive the 8th delivery reward, the 8th delivery must be on or before Monday 23rd December 2019. 4. Customers who sign up to the programme during the promotional period and have their first delivery of Fresh Start (5 Meals for 1), Fresh Start (5 Nights for 2) or Fresh Start (5 Nights for 4) between Sunday 13th October 2019 – Monday 4th November 2019 and are new to The Programme (have never been on any Fresh Start The Programme campaign before) will get a free gift on their 1st delivery. For this campaign the free gift is a promo code for Fresh Start Muesli 450g and a Fresh Start glass breakfast mug with lid for the first 500 customers to join. This offer is available while stocks last. Anyone who uses the promo code and is not on their first ever delivery of Fresh Start The Programme will not have the free gift delivered to them. If a customer uses a different promo code on their first delivery such as one that gives them money off, they are ineligible for the free gift and vice versa. 5. Customers who sign up to the programme during the promotional period, and then receive 4 Fresh Start (Lite 5, Lite 10 or Lite 20) deliveries before end of the promotional period will receive a free gift. For this campaign, the free gift is a promo code for a free Lunch Set consisting of a Fresh Start drink bottle and Fresh Start lunch container. The Promo Code will be available to the customer after their 3rd Fresh Start delivery in the Programme has been delivered and will be available in their account on the Promoters website until their next delivery. This offer is available while stocks last. 6. Customers who sign up to the programme during the promotional period, and then receive 8 Fresh Start (Lite 5, Lite 10 or Lite 20) deliveries before end of the promotional period will receive another free gift. For this campaign, the free gift is a Promo Code for a free Fresh Start Prize Pack. The Prize Pack consists of a Fresh Start, Feel Good by Nadia Lim cookbook, banana loaf baking mix, exercise band and exercise band booklet. The Promo Code will be available to the customer after their 7th Fresh Start delivery in the Programme has been delivered and will be available in their account on the Promoters website until their next delivery. This offer is available while stocks last. 7. 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. 8. The Promo Codes are not transferrable, cannot be exchanged and cannot be redeemed for cash. Promo codes will be available to customers in their Account on the Promoters website. Promo codes for free gifts will expire one month after they are issued. 9. Rewards will vary between campaigns. 10. If a customer has been on Fresh Start The Programme in the past, they will not be eligible for the 1st free gift. 11. 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. 12. 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. 13. 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. conditions.
Nadia's Italy Promotion
63. Nadia's Italy Promotion
The premise of the competition is that customers can win the chance to join Nadia Lim for an Italian Dinner in December 2019 at 56 Parnell Rd, Auckland. Winners will be chosen from deliveries within the Promotion Period (as defined below) in accordance with these terms and conditions ("Promotion").
1. My Food Bag Limited, Level 3, 56 Parnell Road, Auckland is the Promoter ("Promoter").
2. “The Promotion Period” commences at 12:00am, Thursday 3rd October 2019 and closes at midnight on Monday 21st October 2019. The eligible delivery weeks are 13th October to 28th October inclusive.
3. The Prize is two tickets to Nadia’s Italian Dinner ("Prize"). There are twelve Prizes to be won during the Promotion Period.
4. In each of the three delivery weeks, four My Food Bag or Bargain Box customers will be chosen at random and emailed the details of their Prize. MADE and Fresh Start customers are excluded from this promotion and deliveries of those brands will not count as entries.
5. To be eligible for the Prize, entrants must get a delivery on one or more of the three delivery weekends within the Promotion Period (being 13-14 October, 20-21 October and 27-28 October).
6. The winners will be notified via email.
7. Winners must be aged over 18 to attend the Prize and comply with safe and responsible drinking practises including not driving under the influence.
8. If a winner has dietary requirements, they must inform the Promoter within seven (7) days of being notified that they are a winner or risk not having their requirements catered for at the Prize.
9. The Prize will be hosted at 56 Parnell Rd, Auckland in December 2019. Winners must make their own arrangements for transport to and from the event. The Promotor is not liable to pay any costs associated with attending the Prize. 10. Winners will be notified of the date of the event at the time they are informed that they are winners. The Promoter reserves the right to change the date in accordance with Nadia Lim’s schedule. 11. The Prize is as stated, not transferrable, and cannot be exchanged. 12. Employees and suppliers to My Food Bag (and their immediate families) are ineligible to enter. 13. By attending the Prize, winners are agreeing to participate and co-operate in all marketing and editorial activities relating to the competition and My Food Bag, including but not limited to: being interviewed, being photographed and/or providing their own images to the Promoter within seven (7) days of the Prize. The winners agree to grant the Promoter a perpetual and non-exclusive licence to use such footage and photographs in all media (including on the Promoter’s website, Facebook, Twitter and Instagram accounts) and the winner will not be entitled to any fee for such usage. 14. The Promoter reserves the right, at any time, to verify the validity of any winner (including the winner’s identity) and to disqualify any winner who is not in accordance with these Terms and Conditions or who tampers with the redemption process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. 15. The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including, but not limited to, agents, contractors, service providers, offer suppliers and as required, to New Zealand regulatory authorities. Validity of a redemption is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the winner. All redemptions become the property of the Promoter. Winners have the right of access to, and right to request correction of, their personal information. Winners should direct any request to access, update or correct information to the Promoter.
16. The Promoter shall not be liable for any loss or damage whatsoever that is suffered by any entrant or winners (including, but not limited to, indirect or consequential loss), or for any personal injury suffered as a result of redeeming the Prize, except for any liability that cannot be excluded under law. 17. 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. 18. Information on how to enter form part of the conditions of entry. By entering into this competition, entrants agree they are wholly subject to these terms and conditions.