Terms and conditions of use

Terms and conditions of use

1.Introduction

1.1These terms and conditions shall govern your use of our website.

1.2By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4We reserve the right to change, modify, add or remove portions of these terms at any time, so please check back periodically for changes. Your continued use of this site after changes to these terms (including the Privacy Policy) will constitute your acceptance of such changes.

2.Our Company details

2.1This website is owned and operated by MyRecipeBoxLimited.

2.2My Recipe Box is a trading name of the company and the terms “we”, “us” and “our” refer to MyRecipeBox Limited.

2.3We are registered in New Zealand companies office under registration number NZBN: 9429042314530.

2.4Our principal place of business is at 13 Canberra Ave, Lynfield, Auckland.

2.5You can contact us:
(a) by post, using the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website from time to time; or
(d) by email, using the email address published on our website from time to time.

3.Declaration of account information

3.1You agree to provide current, complete and accurate account information to open an account and for all purchases made at our website.

3.2You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

3.3Your submission of personal information through the website is governed by our Privacy Policy. Read our Privacy policy 20.

4.Modifications to the products, services and prices

4.1Prices for our products are subject to change from time to time. We will notify you in week advance by email.

4.2All prices lists are quoted in New Zealand dollars which includes goods and service tax. The prices are listed on the website.

4.3We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

4.4We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

4.5Our products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

4.6We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

5.Ordering

5.1You can select the cycle for your box delivery to be weekly, Fortnightly or monthly.

5.2All order should be placed by Monday at 2400hours (midnight).

5.3You must inform us before midnight on the Monday night prior to the delivery if you decide to change the order cycle (Weekly to fortnightly and vise versa), pause (for a period of time) or terminate (indefinitely) your order.

5.4Deliveries will be made on a Sunday between 3.00pm to 7.00pm.

6.Payment

6.1We will send you the bill every week via email. And My Recipe Box will appear on your credit card statement.

6.2We will deduct the payment for My Recipe Box on Tuesday morning from your credit card before the Sunday delivery.

6.3Payments are processed through the secure DPS Payment Express System. Any credit card details stored for recurring payments are done so on the DPS system. We do not store any credit card information and we are PCI compliant.

6.4Payments must be received before an order can be dispatched.

6.5We reserve the right to accept or refuse My Recipe Box orders for any reason.

6.6In case of outstanding debts, we will try to recover the outstanding monies through our own internal recovery process. Failure to recovery the outstanding debts will be transferred to debt collection agency and you will required to pay the collections costs.

7.Delivery

7.1We shall delivery the product to you on the address which is mentioned in the account information. We shall provide free delivery Auckland wide as per our highlighted delivery map. For any reason, if delivery person fails to deliver first time then second attempt for same delivery will be charged a re-delivery fee.

7.2We shall be entitled to use third parties to make the deliveries. We aims to deliver our product in the given time frame but some time due to uncontrolled circumstances result to delay or non-delivery, we shall not be liable for delay or non-delivery.

7.3You must provide us information in notes if you have special instruction for the delivery. You must ensure that delivery point is easily accessible and safe for the delivery person.

7.4You must inform us before midnight (24:00 hours) on the Monday night prior to the delivery if you decide to change delivery address.

7.5Risk and responsibility on delivery the products shall passes to the customer on delivery to delivery point.

7.6If you are not home at the time of the delivery, the package will be left in a safe place near your door or at a specific location on your property if requested at the time of order. The packaging of all the ingredients will be in an insulated box with gel packs, keeping your meal ingredients cold and fresh several hours. Although, this may depend on other conditions like season, temperature or time of delivery. It is important that you arrange for an appropriate storage for your meal prior to consumption. You can provide specific delivery instructions at the time of setting your account such as the delivery to be left with the neighbour. If you have nominated an alternative receiver to accept the delivery on your behalf, the same terms and conditions would apply had you received the delivery yourself. Also,any individual present at the address to accept a delivery from us is presumed to have authorization to receive the delivery from us.

8.Return and Refund

8.1If you are unhappy with our product due to damaged or spoiled product, please contact us at info@myrecipebox.co.nz within 24 hours of the time you received delivery. We will send you an email to notify you that we have received your request for refund. We may require photographic evidence and/ or a sample of the damaged or spoiled product. We will inform you of the approval or rejection of your refund. If we agrees that product was damaged or spoiled, then we will do our best to satisfy your need by replacing the damage or spoiled item or refund. In case of refund, credit will automatically be applied to your credit card or online account within 5 working days.

8.2We do not accept returns of My Recipe Box products since our products has perishable food.

9.Ingredients and Allergies risks

9.1As our recipe boxes may contains allergens products such as nuts, eggs,gluten shellfish and diary. You must take care and have all responsibilities for checking and using the ingredients.

10.Registration and accounts

10.1You must not allow any other person to use your account to access the website.

10.1You must notify us in writing immediately if you become aware of any unauthorized use of your account.

10.1You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.

11.User login details

11.1If you register for an account with our website, you will be asked to choose a user ID and password.

11.2You must keep your password confidential.

11.3You must notify us in writing immediately if you become aware of any disclosure of your password.

11.4You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

11.5You are liable for every order made under your login which has not been cancelled or paused.

12.Indemnification

12.1You agree to indemnify, defend and hold harmless My Recipe Box and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors,service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

13.Termination and suspension of account

13.1We may:
(a) suspend your account;
(b) cancel your account;
(c) edit your account details;
at any time in our sole discretion without notice or explanation.

13.2You may cancel your account on our website using your account control panel on the website.

14.Online store terms

14.1By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any f your minor dependents to use this site.

14.2You may not use our products for any illegal or unauthorized purpose nor may you,in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

14.3You must not transmit any worms or viruses or any code of a destructive nature.

14.4A breach or violation of any of the Terms will result in an immediate termination of your Services.

15.Variations to terms and conditions

15.1We may revise these terms and conditions from time-to- time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

16.Adjustments

16.1In case of incorrect charge for a product, we will provide you credit to your nominated online account or credit it back to your credit card.

17.Entire agreement

17.1The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

17.2These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

17.3Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

18.Errors, Inaccuracies and Omissions

18.1Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice .

18.2We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

19.Third-Party Links

19.1Certain content, products and services available via our Service may include materials from third-parties.

19.2Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

19.3We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.

19.4Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

20.Privacy policy

20.1You approve us to collect the personal information you give us such as your name, address, phone number and email address, When you buy any product or open an new account from our website.

20.2When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

20.3With your permission, we may send you emails about our website, new products and other updates.

21.Disclosure

21.1We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

22.Severability

22.1In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

23.Disclaimer of Warranties; Limitation of Liability

23.1We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

23.2We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

23.3You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

23.4You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

23.5In no case shall My Recipe Box, our directors, officers, employees, affiliates, agents,contractors, interns, suppliers, service providers or licensors be liable for any injury,loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

24.User Comments, Feedback and other Submissions

24.1If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise(collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:
(a) to maintain any comments in confidence;
(b) to pay compensation for any comments; or
(c) to respond to any comments.

24.2We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

24.3You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

25.Governing law

25.1These terms and conditions shall be governed by and construed in accordance with New Zealand Law.

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