Use of Website and Mobile Application Subject to Terms and Conditions.
1. Use of the Website, Mobile Application, Purchase of Boxes and Products, Subject to These Terms and Conditions:
bargainbox.co.nz is the website for the trade name "Bargain Box" which is brought to you by My Food Bag Limited. Your access to, and use of, the Website, Mobile Application and your purchase and use of the services and products able to be purchased via the Website and or Mobile Application is subject to the following terms and conditions. By using the Website and or Mobile Application 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 Boxes other than Extras and Speciality Boxes
- You can choose to have a one-off, weekly or fortnightly delivery of a Box or Boxes.
- Your order constitutes an order for an ongoing and regular purchase and delivery of Boxes 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 terminate (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 terminating an order is on the Sunday at 2400 hours (midnight) 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 or Mobile Application and is unable to be altered subject to specific situations set out within the terms and conditions.
- The cut off day and time for changing delivery point and dates is on the Wednesday at 2200 hours the week before the relevant Delivery Date.
- Deliveries are made (subject to clauses 15 to 20 below) on a Saturday, 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 avaliable in your delivery area.
- 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 Bargain Box subject to these terms and conditions.
- You can only choose an Extra which is associated with an order for delivery of a Box that you have also ordered.
- 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 Box or Boxes and the rights to terminate set out in these terms and conditions, continue indefinitely.
- You can choose to terminate (indefinitely) your order for an Extra or Extras independently of your associated order for a Box or Boxes.
- Your order for an Extra or Extras will terminate automatically if you terminate the associated order for a Box or Boxes.
- Your order for an Extra or Extras will skip if you choose to skip your associated order of a Box or Boxes (for the same period as you skip the order for a Box or Boxes).
- You can also choose to change a weekly delivery to a fortnightly delivery and vice versa provided that you must also change your order for the associated Box. You can choose to change a weekly delivery of an Extra to a fortnightly delivery by altering the frequency of the Extra in your subscription.
- The cut off day and time for ordering, or skipping or terminating an order is on the Sunday at 2400 hours (midnight) the week before the relevant Delivery Date. You can choose to change a weekly delivery of an Extra to a fortnightly delivery by altering the frequency of the Extra in your subscription.
- The cut off day and time for changing delivery point and dates is on the Wednesday at 2200 hours the week before the relevant Delivery Date.
- Deliveries are made at the same time as delivery of the associated Box or Boxes.
- If you do not wish for any such Product to be re-delivered:
- Bargain Box, at our sole discretion, may refund the value of that Product (as at the date on which the Product was ordered); and
- Bargain Box reserves the right to charge the Customer a reasonable cancellation fee for the cancelled order.
For Speciality Boxes
- Where we offer a Speciality Box, you can order this via the Website and or Mobile Application.
- Orders for Speciality Boxes are one-off and do not involve ongoing and regular purchases.
- We will tell you (via the Website and or Mobile Application) what delivery dates and/or times are available in respect of any Speciality Box and you will be able to select which option that you prefer.
- We will also advise you via the Website and or Mobile Application what the cut off day and time for ordering, changing delivery premises and/or dates or skipping or terminating an order is for that Speciality Box.
For all Boxes
- You must ensure that you or an assigned person is at the Delivery Point for the requested delivery slot.
- Boxes do not generally include staple ingredients such as salt, oil or spices. 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 Box.
- You can conduct your entire communication with Bargain Box via the "My Account" section on the Website and or the Mobile Application. We also offer a live “Chat with us function” on our Website and or Mobile Application which may be used to communicate with Bargain Box.
- The email address for communications with Bargain Box is [email protected]
- The phone number for communications with Bargain Box is 0800 BARGAIN (0800 227 424).
3. Bargain Box Discretion:
- 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 and or Mobile Application is accepted and fulfilled. Bargain Box 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 and or Mobile Application for any reason whatsoever.
4. Customer Liable for Every Order:
You are liable for every order made under your Login which has not been cancelled or skipped pursuant to the Ordering Rules.
5. Trade Not Supplied:
Unless otherwise agreed, you may not purchase Boxes or any Products through the Website and or Mobile Application for the purpose of resale.
Price and Payment.
The prices are per Box and are listed on the Website and or Mobile Application. 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. Bargain Box 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.
Bargain Box 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 Monday, Wednesday or Friday from 3:00am onwards. However, if you order your first Bag or Bags after midnight on Sunday of the week before your first Delivery Date, you'll instead be charged for your first Bag or Bags at the time your order is made.
Payment for a subsequent Bag or Bags is due, and will be invoiced and deducted (or as the case may be, debited) from your credit card, on the Monday 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 Bargain Box for the Boxes purchased by credit card (other than American Express). The Website and or Mobile Application do not accept any other form of payment.
We undertake to keep all credit card information provided safe and secure and in compliance with Payment Card Industry Data Security Standard’s.
We reserve the right to change the payment methods we accept at any time.
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, Bargain Box may decline to deliver the relevant order and/or Bargain Box will contact you to make alternative payment arrangements.
Bargain Box 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 Box ordered, Bargain Box 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. 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.
13. Collection and storage of payment card information:
Bargain Box does not collect or hold customer payment card information. All payment card collection, storage and transactions are performed by our secure PCI compliant 3rd party payment gateway Windcave. At no time are full customer card details viewable by either My Food Bag or any other party.
Product Availability and Quality.
14. Product Availability:
Bargain Box will make every effort to fulfil orders placed with the Website and or Mobile Application, 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. Bargain Box may alter recipes or ingredients due to stock availability. In such cases, Bargain Box will notify the affected customers. Box availability may vary by delivery area or at Bargain Box’s discretion.
15. Product Quality:
In establishing that a Product was damaged or spoiled on delivery to you, we may require photographic evidence and/or a sample of the damaged or spoiled Product.
If Bargain Box agrees that a Product was delivered to you in a damaged or spoiled condition, Bargain Box 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.
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 Bargain Box's delivery information pages for confirmation of where Bargain Box delivers to. As part of the Bargain Box 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 Bargain Box 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. Bargain Box shall be entitled to commission third parties to make delivery. If Bargain Box 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, Bargain Box 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. Bargain Box 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.
19. Accessibility, Safety and Deemed Delivery:
You must ensure that your Delivery Point is easily accessible to Bargain Box'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, 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 Bargain Box 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. In either case, Bargain Box will contact you (via phone, text, email or your online account) to advise you of the situation. 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 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.
20. Change of Address:
You must notify Bargain Box immediately of a change to your delivery address. You can alter the Delivery Point and Premises at any time by calling our Customer Love team until 6pm Wednesday evening the week before the day for delivery of a Box; or through your online account up to 10pm on Wednesday evening the week before the day for delivery of a box. The address for an upcoming delivery can only be changed within the North Island or within the South Island as all our produce is sourced locally.
21. Delays to Delivery:
Bargain Box 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 Bargain Box considers that the delivery of your order is likely to be substantially delayed, Bargain Box 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 Bargain Box 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. 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.
22. Incorrectly or Undelivered Products:
If any Product or Box delivered does not correspond with a Product or Box ordered, you can:
- 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
- reject the incorrectly-delivered Product or Box, in which case:
- in the case of an incorrectly delivered Product, Bargain Box will refund the value of the Product that was originally ordered; and
- in the case of an incorrectly delivered Box, Bargain Box will at its option either replace that Box within a reasonable time or refund the value of the Box that was originally ordered. Any credit applied to your account will be valid for up to twelve (12) calendar months, is non-transferable and cannot be exchanged or refunded for cash.
We will refund you by either crediting your credit card or alternatively crediting your account balance in your online account. If you choose to reject an incorrectly-delivered Box in accordance with sub-clause (b), Bargain Box 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, Bargain Box reserves the right to charge you for that Box.
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 Bargain Box 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 Bargain Box 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:
The Boxes are not designed to cater for allergies or specific or cultural dietary requirements. You must take care and have all responsibility for checking the ingredients in Boxes.
26. Product Liability:
Under the CGA and FTA Bargain Box’s liability to you cannot be excluded or limited in any way. Subject to the CGA and FTA, the liability of Bargain Box 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 Bargain Boxes' 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 Bargain Box 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 and or Mobile Application, 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 our business and the Website and or Mobile Application and their contents and all Recipes is owned by, and shall at all times remain the exclusive property of, Bargain Box, its licensors and the providers of any other products and services accessible through the Website and or Mobile Application, and is protected by New Zealand and international law.
If you post comments on the Products or Services to any website, mobile application, 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.
29. Effect of Force Majeure:
If the performance by Bargain Box 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 Bargain Box) Bargain Box shall be excused from such performance to the extent of such prevention.
30. Collection of Information:
The Website and or Mobile Application contain applications which collect personal information about you. Bargain Box 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 and or Mobile Application, you authorise Bargain Box 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 Bargain Box may have against you in any manner that Bargain Box sees fit;
- sending you any advertising or promotional material;
- enhancing the Website and or Mobile Application so that Bargain Box 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 and or Mobile Application you further authorise Bargain Box to collect personal information about you from any other source available to Bargain Box 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. Bargain Box's Right to Refuse Application:
If sufficient personal information is not supplied, or is not satisfactory to Bargain Box, then Bargain Box reserves the right to refuse to accept your application to register to use the Website and or Mobile Application or to make orders.
The Website and or Mobile Application may use 'cookies'. Cookies are an element of data that the Website and or Mobile Application can send to your browser, which may then store it on your system. To use the Website and or Mobile Application 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 and or Mobile Application 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 and or Mobile Application. 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 Bargain Box:
Any personal information (excluding credit card details) supplied by you may be retained by Bargain Box until such time as you request that the information be removed.
Any personal information supplied by you and retained by Bargain Box may be disclosed to other persons or body corporates engaged by Bargain Box 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.
Bargain Box 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:
Bargain Box 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 Bargain Box endeavours to keep your personal information collected on the Website and or Mobile Application secure and confidential, Bargain Box shall not be responsible for any breach of security caused by third parties, nor represents that the Website and or Mobile Application is completely secure.
37. Your Right 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 Bargain Box. If you do so, you agree to pay Bargain Box the reasonable charges requested by Bargain Box in relation to time and attendances involved in complying with your request in this regard. Access to your personal information held by Bargain Box is available to you in the "My Account" area of the Website and or Mobile Application. You can change or update your personal information at any time in the "My Account" area of the Website and or Mobile Application.
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 Boxes), 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 skipping or terminating an order is on the Sunday 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. Bargain Box 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 Bargain Box, then Bargain Box reserves the right to suspend the Customer's ability to place further orders on the Website and or Mobile Application until such time as the outstanding balance has been paid in full.
42. No Waiver of Bargain Box Rights:
Bargain Box'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 and Mobile Application 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 Bargain Box. Bargain Box 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:
Bargain Box shall use its reasonable endeavours to prevent any unauthorised entry into the Website and or Mobile Application. However, Bargain Box 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 Bargain Box has endeavoured to ensure that the information provided on the Website and or Mobile Application is free from error, Bargain Box does not warrant its accuracy, adequacy or completeness, and Bargain Box shall not be responsible or liable for any error in, or omission from, the information provided on the Website and or Mobile Application. We reserve the right to make changes to the information provided on the Website and or Mobile Application at any time and without notice.
47. Use of the Site:
You agree not to use the Website and or Mobile Application for any purpose that is unlawful or prohibited by these terms and conditions. You may download the information on the Website and or Mobile Application for your own personal use but otherwise neither the Website and or Mobile Application, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without Bargain Boxes' prior written consent. You agree that you will not interfere with any other party's use and enjoyment of the Website and or Mobile Application, or damage the operation of the Website and or Mobile Application, or Bargain Boxes' systems or those of other persons who use the Website and or Mobile Application, whether by way of a virus, corrupted file, any other software or program, or otherwise.
Notwithstanding any other term, you agree to indemnify Bargain Box against all liabilities, losses, claims and expenses suffered or incurred by you, and all claims and demands made against Bargain Box, arising directly or indirectly out of your use of the Website and or Mobile Application in breach of these terms and conditions.
Variation of Terms and Conditions.
49. Variations 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 and or Mobile Application after the terms and conditions have been changed indicates your acceptance of those changes.
50. Bargain Box Reserves the Right to Make Improvements to Terms and Conditions:
Bargain Box 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.
51. How You Can Give Us Notice:
You can give us notice under these terms and conditions via the "My Account" section on the Website and or Mobile Application. Notice will be deemed received and properly served immediately when posted on our website and or Mobile Application.
52. How We Will Give You Notice:
We will give you notice by phoning, emailing and/or texting you.
When using our Website and or Mobile Application, 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 and or Mobile Application. 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.
53. New Zealand Law Governs:
New Zealand law governs the use of the Website and or Mobile Application and these terms and conditions.
Bargain Box has the right to offer promotions to existing and or new customers. These promotions may be advertised on the Website and or Mobile Application. Every promotion has its own additional set of promotion terms and conditions which apply to the promotion.
"This 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 and or Mobile Application and includes Extras and Speciality Boxes.
"Bargain Box" "we" 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. “Bargain Box” 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 Sunday or 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 and or Mobile Application. 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 Bargain Box as complimentary, or add-ons to a Box.
"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 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 and or Mobile Application under your registration.
“Mobile Application” means the ‘Bargain Box Mobile Application’ owned by Bargain Box Limited, being a medium by which you can subscribe to receive Boxes and view recipes.
"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 and or Mobile Application.
"Recipe" and "Recipes" means the recipes from time to time designed by Bargain Box and enclosed with each Box.
"Speciality Boxes" means one off speciality deliveries of Recipes along with food ingredients necessary for the relevant Recipes (e.g., a one off Christmas box or a summer barbeque box), which are from time to time offered by Bargain Box and able to be ordered via the Website and or Mobile Application.
"Text Messaging Service" means the text messaging service provided by Bargain Box which enables Customers to resume delivery of their Box by responding to a text message sent by Bargain Box within a specified time period.
"The Website" means this internet site owned by Bargain Box, being the medium by which you subscribe to receive Boxes.
Refer a friend.
56. Refer a friend:
- "The Promoter" is My Food Bag Limited, 56 Parnell Road, Auckland.
- "Promotional Period" means from 12pm, Saturday 13th June 2020 until 11.59pm, Sunday 2nd August 2020.
"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 Bargain Box; and
- never have had any active subscriptions with Bargain Box.
To be eligible for $40 off, the existing Bargain Box Customer ("Referrer") must share their Refer-a-friend promotional code in the Promotional Period. Once a Friend signs up and orders a bag or bags using the Referrer’s Refer-a-friend promotional code, the Friend will receive $40 off their first Bargain Box 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. The maximum refer-a-friend credit is $40 per delivery, therefore in the event that a Referrer has multiple $40 refer-a-friend credits, those credits will be applied separately against subsequent deliveries.
- 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 Bargain Box product delivered to the same delivery address.
- Refer-a-friend promotional codes cannot be used in conjunction with promotional codes.
- 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 Bargain Box the Friend has selected, their account will go into credit, and the credit will be applied to their next purchase.
- The $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 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.
School Holiday Programme September 2020
57. School Holiday Programme T&Cs September 2020
a. “The Promoter” is My Food Bag Limited, 56 Parnell Road, Auckland. b. “The Promotion Period” commences at 12:00am, Monday 14th September 2020 and closes 11:59pm, Sunday 20th September 2020. The first delivery of The Promotion must be between Saturday 26th September 2020 – Monday 28th September 2020 inclusive and second delivery must be between Saturday 3rd October 2020 – Monday 5th October 2020. c. “The Promotion” is open to customers who order a Bargain Box or My Food Bag product for delivery during the Promotional Period and add the School Holiday Programme Opt In to their subscription and have their first delivery between Saturday 26th September 2020 – Monday 28th September 2020. d. Eligible customers will receive a free Gift on their 1st delivery on the Programme. For this campaign the free Gift is a Bonus Box featuring a baking mix and an activity booklet. Gift is not gluten free. This Gift will be automatically applied to the customer’s account. This offer is available while stocks last. e. Eligible customers will receive an email every week day between Monday 27th September – Friday 9th October featuring school holiday activities. Customers will cease to get emails after Friday 2nd October if they do not order the second eligible delivery. f. 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. g. Rewards will vary between campaigns. h. 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. i. 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. j. 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.