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Terms & Conditions

USE OF WEBSITE SUBJECT TO TERMS AND CONDITIONS

  1. USE OF THE WEBSITE, PURCHASE OF BOXES AND PRODUCTS, SUBJECT TO THESE TERMS AND CONDITIONS

www.kiwifresh.co.nz is the website for the trade name “Kiwi Fresh” which is brought to you by My Food Bag Limited. 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

  1. ORDERING RULES

For all Boxes

  1. You can choose to have a weekly or fortnightly delivery of a Box or Boxes.
  2. Your order constitutes an order for an ongoing and regular purchase and delivery of Boxes selected and will, subject to the rights to pause and terminate set out in these terms and conditions, continue indefinitely.
  3. You can choose to skip (for a period of time) or terminate (indefinitely) your order.
  4. You can also choose to change a weekly delivery to a fortnightly delivery and vice versa.
  5. The cut off day and time for ordering, or skipping or terminating an order is on the Monday at 1600 hours the week before the relevant Delivery Date. After this cut off day and time the order will be displayed as “locked” under the “My Account” section of the Website and is unable to be altered subject to specific situations set out within the terms and conditions.
  6. The cut off day and time for changing Delivery Point and dates is on the Monday at 1600 hours the week before the relevant Delivery Date.
  7. Deliveries are made (subject to clauses 15 to 20 below) on a Monday.
  8. Where you have skipped 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 Kiwi Fresh subject to these terms and conditions.
  9. You must ensure that you or an assigned person is at the Delivery Point for the requested delivery slot.
  10. Boxes do not generally include staple ingredients such as salt, oil or spices. We will notify you prior to each the Delivery Date regarding 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 Box.
  11. You can conduct your entire communication with Kiwifresh via the "My Account" section on the Website. We also offer a live “Chat with us function” on our Website which may be used to communicate with Kiwifresh.
  12. The email address for communications with Kiwifresh is hello@kiwifresh.co.nz
  13. The phone number for communications with Kiwifresh is 0800 HELLO KIWI.
  1. KIWI FRESH DISCRETION

Kiwi Fresh

  1. has the absolute discretion to refuse the registration or application of a potential Customer for any reason whatsoever;
  2. has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. Kiwi Fresh may cancel an order for any reason whatsoever; and
  3. may, at its absolute discretion, suspend or terminate the ability of any Customer to order through the Website for any reason whatsoever.
  1. CUSTOMER LIABLE FOR EVERY ORDER

You are liable for every order made under your Kiwi Fresh Login which has not been cancelled or skipped pursuant to the Ordering Rules in these Terms and Conditions.

  1. TRADE NOT SUPPLIED

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

 

PRICE AND PAYMENT

  1. PRICING

The prices are per Box and are listed on the Website. The prices of the Boxes 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. Kiwifresh 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 Box.

  1. INVOICING

Kiwifresh will invoice you via email.

  1. PAYMENT

Payment for your first Box or Boxes is due, and will be invoiced and deducted (or as the case may be, debited) from your credit card at the next billing run in the week preceding selected Delivery Date, being Monday at 1600 hours. If your card declines, we will retry on the following Tuesday and Wednesday. When an order for your first Box or Boxes 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.

Payment for a subsequent Box or Boxes is due, and will be invoiced and deducted (or as the case may be, debited) from your credit card, on the Tuesday prior to the Delivery Date. The name that will appear on your credit card statement will be Kiwifresh.

  1. METHOD OF PAYMENT

You must pay Kiwi Fresh for the Boxes purchased by credit card. The Website does not accept any other form of payment.

We undertake to keep all credit card information provided to us safe and secure and in compliance with Payment Card Industry Data Security Standards.

We reserve the right to change the payment methods that we accept at any time.

  1. PAYMENT BY CREDIT CARD DECLINED

If your credit card is declined by its financial institution or fails to process for a subsequent Box or Boxes:

  1. Kiwi Fresh may decline to deliver the relevant order; and/or
  2. Kiwi Fresh may contact you to make alternative payment arrangements.

Kiwi Fresh reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever.

  1. ADJUSTMENTS

If you are invoiced an incorrect amount for any Box ordered, Kiwi Fresh shall be paid, or will refund to 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.

  1. DEBT COLLECTION

You are liable for all costs associated with debt collection where you default in payment for any order.

PRODUCT AVAILABILITY AND QUALITY

  1. PRODUCT AVAILABILITY

Kiwi Fresh 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 Box or Product for any reason whatsoever, other than to refund the amounts paid in respect of the Box 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. Kiwi Fresh may alter Recipes or ingredients due to stock availability. In such cases, Kiwi Fresh will notify the affected customers.

Box availability may vary by delivery area or at Kiwi Fresh’s discretion.

 

  1. 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 Kiwi Fresh agrees that a Product was delivered to you in a damaged or spoiled condition, Kiwi Fresh 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.

DELIVERY

  1. DELIVERY AREAS

Please refer to Kiwi Fresh's delivery information pages for confirmation of where Kiwi Fresh delivers to. As part of the Kiwi Fresh 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 or confirm that Kiwi Fresh will deliver to all addresses within that suburb or postcode.

  1. DELIVERY AND LIABILITY

Deliveries will, subject to these terms and conditions, be made to the Delivery Point on the Delivery Date. Kiwi Fresh shall be entitled to commission third parties to make the delivery. If Kiwi Fresh brings the Box inside the Premises, beyond the Delivery Point, at your request, or other person accepting delivery of the Box on your behalf, whether on any particular occasion or pursuant to a standing instruction or request, Kiwi Fresh 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. Kiwi Fresh 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.

You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. You should always inspect your delivery to confirm that the meal ingredients arrive in a cool, refrigerated condition. To maintain the integrity of products after delivery, we recommend that you immediately refrigerate or freeze perishable items.

  1. ACCESSIBILITY, SAFETY AND DEEMED DELIVERY

You must ensure that your Delivery Point is easily accessible to Kiwi Fresh'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 opinion the Delivery Point is not easily accessible, or it is unsafe to deliver the Products, delivery may not be completed 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 Kiwi Fresh are not reached, we will be relieved of our obligation to deliver the Box but you will be liable for payment for it in full as if you had received the Box.

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 Box, the Box 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 we will endeavour to deliver the Box(es) 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.

  1. DELAYS TO DELIVERY

Kiwi Fresh 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 Kiwi Fresh considers that the delivery of your order is likely to be substantially delayed, Kiwi Fresh 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 Kiwi Fresh will credit you with the cost of that Box or Boxes. We will credit you by either crediting your credit card or alternatively crediting your account balance in your online account.

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.

  1. INCORRECTLY OR UNDELIVERED PRODUCTS

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

  1. keep the incorrectly-delivered Product or Box, in which case no adjustment will be made to the payment due from you for the order containing the incorrect Product or Box; or
  2. reject the incorrectly-delivered Product or Box, in which case Kiwifresh will refund the value of the Product that was originally ordered.

Where you reject an incorrectly delivered Box in accordance with sub-clause (b):

(a)            We will refund you by crediting your credit card ; and

(b)            Kiwifresh reserves the right to collect the incorrectly-delivered Box from you.

 

If you are unable, or refuse, to deliver up the Box when requested, or deliver the Box in a different state (e.g., with some Products missing or partially consumed) than the state in which it was delivered to you, Kiwifresh reserves the right to charge you for that Box.

OWNERSHIP AND RISK

  1. RISK PASSES ON DELIVERY

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

WARRANTIES

  1. 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 other 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 Kiwifresh 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 Kiwifresh 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

  1. ALLERGIES AND SPECIFIC DIETARY REQUIREMENTS

The Boxes are not designed to cater for allergies or specific cultural dietary requirements. You must take care and have all responsibility for checking the ingredients in Boxes.

  1. PRODUCT LIABILITY

Under the CGA and FTA Kiwifresh’s liability to you cannot be excluded or limited in any way. Subject to the CGA and FTA, the liability of Kiwi Fresh 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 Kiwi Fresh's obligations relating to the Products hereunder shall not in any event exceed an amount equivalent to the price of the relevant Product.

  1. 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 Kiwifresh 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.

INTELLECTUAL PROPERTY

  1. 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 our business, Products and the Website and their contents and all Recipes is owned by, and shall at all times remain the exclusive property of, Kiwi Fresh, its licensors and the providers of any other products and services accessible through the Website and is protected by New Zealand and international law.

If you post comments on the Products or Services to any Website, blog or social media network (“Commentary”) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorise us to quote from your Commentary on our Site and in any advertising or social media outlets that we may create or contribute to.

FORCE MAJEURE

  1. EFFECT OF FORCE MAJEURE

If the performance by Kiwi Fresh 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 Kiwi Fresh) Kiwi Fresh shall be excused from such performance to the extent of such prevention.

PRIVACY

  1. COLLECTION OF INFORMATION

The Website contains applications which collect personal information about you. Kiwi Fresh will only use this information to the extent authorised by you, and will only disclose it in the manner set out below and as permitted under the Privacy Act 1993. In using the Website, you authorise Kiwifresh to collect, retain and use your personal information for the purposes of:

  1. processing your registration application;
  2. assessing your credit-worthiness;
  3. undertaking any dealings or transactions with you;
  4. enforcing any legal or other rights Kiwi Fresh may have against you in any manner that Kiwi Fresh sees fit;
  5. sending you any advertising or promotional material;
  6. enhancing the Website so that Kiwi Fresh may offer you a better, more personalised and tailored service; and
  7. instructing our third party delivery agents.
  1. COLLECTION FROM OTHER SOURCES

In using the Website you further authorise Kiwi Fresh to collect personal information about you from any other source available to Kiwi Fresh 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.

  1. KIWIFRESH’S RIGHT TO REFUSE APPLICATION

If sufficient personal information is not supplied, or is not satisfactory to Kiwi Fresh, then Kiwi Fresh reserves the right to refuse to accept your application to register to use the Website to make orders.

  1. KIWIFRESH’S USE OF COOKIES

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 or other programmatic advertising service 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.

  1. INFORMATION RETAINED BY KIWIFRESH

Any personal information (excluding credit card details) supplied by you may be retained by Kiwi Fresh until such time as you request that the information be removed.

  1. DISCLOSURE

Any personal information supplied by you and retained by Kiwi Fresh may be disclosed to other persons or body corporates engaged by Kiwi Fresh for or in relation to any of the purposes listed in clause 29 above, including but not limited to:

  1. Research and/or marketing firms.
  2. Credit referral agencies.
  3. Business advisors.
  4. Delivery service providers.

Kiwi Fresh 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.

  1. STORAGE OF PERSONAL INFORMATION

Kiwi Fresh 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 Kiwi Fresh endeavours to keep your personal information collected on the Website secure and confidential, Kiwi Fresh shall not be responsible for any breach of security caused by third parties, nor represents that the Website is completely secure.

  1. 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 Kiwi Fresh. If you do so, you agree to pay Kiwi Fresh the reasonable charges requested by Kiwi Fresh in relation to time and attendances involved in complying with your request in this regard. Access to your personal information held by Kiwi Fresh 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.

TERMINATION

  1. RIGHT TO TERMINATE IN CERTAIN CIRCUMSTANCES

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

  1. 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
  2. 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.
  3. CUSTOMER RIGHTS TO TERMINATE

Except in the case of orders which you have paid for, you can skip or terminate this Agreement at any time temporarily or indefinitely by notifying us via your online account. The cut off day and time for pausing or terminating an order is on the Monday at 1600 hours the week before the relevant Delivery Date.

  1. 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.

  1. KIWI FRESH RIGHT TO SUSPEND

If orders are not paid for in full or a Customer's bank declines payment on a Customer's credit card and as a result money is owing to Kiwi Fresh, then Kiwi Fresh 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.

  1. NO WAIVER OF KIWIFRESH RIGHTS

Kiwi Fresh'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
  1. 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 Kiwi Fresh. Kiwi Fresh 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.

  1. SECURITY OF INFORMATION

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

  1. LOGIN

You must keep your Login details safe and confidential at all times.

  1. SITE CONTENT

While Kiwi Fresh has endeavoured to ensure that the information provided on the Website is free from error, Kiwifresh does not warrant its accuracy, adequacy or completeness, and Kiwi Fresh 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.

  1. 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 Kiwi Fresh's 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 Kiwi Fresh’s 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.

  1. INDEMNITY

Notwithstanding any other term, you agree to indemnify Kiwi Fresh against all liabilities, losses, claims and expenses suffered or incurred by you, and all claims and demands made against Kiwi Fresh, arising directly or indirectly out of your use of the Website in breach of these terms and conditions.

VARIATION OF TERMS AND CONDITIONS

  1. 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.

  1. KIWIFRESH RESERVES THE RIGHT TO MAKE IMPROVEMENTS TO TERMS AND CONDITIONS

Kiwi Fresh 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.

NOTICE

49.  HOW YOU CAN GIVE US NOTICE

You can give us notice under these terms and conditions via the "My Account" section on the Website. Notice will be deemed received and properly served immediately when posted on our Website.

50.  HOW WE WILL GIVE YOU NOTICE

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

When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

GOVERNING LAW

51.  NEW ZEALAND LAW GOVERNS

New Zealand law governs the use of the Website, Products and these terms and conditions.

52.  PROMOTIONS

  1. Kiwi Fresh 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 Kiwi Fresh and then either create or already have an existing account set up on the 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. Kiwi Fresh 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. Kiwi Fresh reserves the right to withhold or deduct credits obtained using a promotion code in the event that Kiwi Fresh 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 Kiwi Fresh.
  7. By using a promotion code the user agrees that they are wholly subject to these Terms and Conditions.

54.  DEFINITIONS

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

"Box" means a delivery of Recipes along with food ingredients necessary for the relevant Recipes, which are able to be ordered via the Website

"Kiwi Fresh" "we",”us” and "our" means My Food Bag Limited, which is the seller of the Products and the Boxes and the owner of the Intellectual Property and includes its related companies, directors, officers, employees or agents. “Kiwi Fresh” is also the trade name for the Products and business owned and delivered by My Food Bag Limited.

"CGA" means the Consumers Guarantees Act 1993.

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

"Delivery Date" means, subject to these terms and conditions, a Monday during the delivery time options available in your delivery area.

"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.

"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) registered and unregistered trademarks, designs and copyright in all material on the Website and in the Recipes.

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

"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 Boxes, and sold via the Website.

"Recipe" and "Recipes" means the recipes from time to time designed by Kiwifresh and enclosed with each Box.

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

"Website" means this internet site owned by Kiwifresh, being the medium by which you subscribe to receive Boxes.