TERMS AND CONDITIONS

1. Definitions

1.1 “Account” means an account registered with NZ Kids Food Limited.

1.2 “Account Owner” means an individual or entity who has registered an Account with this website.

1.3 “Agreement” means these Terms and Conditions (including any variations made from time to time), any documentation signed by the Customer in relation to the Services provided by NZ Kids Food Limited and any agreed payment from the Customer to NZ Kids Food Limited.

1.4 “Credit/Debit Card Processing Fee” – means $0.X0 NZD per Order made by the Account Owner using a valid credit card or debit card.

1.5 “Customer” means the person whom the Account Owner requests will receive the Order(s).

1.6 “Registered School” means the school which is registered with NZ Kids Food Limited and is specified by the Account Owner when placing an Order(s).

1.7 “Food Supplier” means the supplier of any Meal Item(s) to NZ Kids Food Limited and to the Customer.

1.8 “Meal Item/Meal Items” means any good (including but not limited to food) which may be purchased by way of an Order(s) on this website.

1.9 “Order”/”Orders/Ordered” means any request for Meal Item(s) placed through this website in accordance with these Terms and Conditions.

1.10 “Purchase Price” means the price paid by the Account Owner to NZ Kids Food Limited for the Services and Meal Item(s) the Account Owner requests NZ Kids Food Limited provide to the Customer.

1.11 “Service/Services” means the processing of requests by Account Owners through this website and also the supply of Meal Item/Meal Items by NZ Kids Food Limited in accordance with these requests.

1.12 “Community Service Card Registered Account Owner” means an Account Owner who is currently registered to hold a Community Service Card with Work and Income (and can provide proof to NZ Kids Food Limited of such registration) to receive a discount on the relevant Purchase Price of particular Meal Items (with such discount specified on this website).

2. Agreement

2.1 The Agreement is between the Account Owner and NZ Kids Food Limited. No other person or entity is a party to this Agreement.

3. Registered School

3.1 The Customer must attend a Registered School which is registered to receive Meal Item(s) from NZ Kids Food Limited.

4. Right to Register and Receive Services

4.1 Any Customer attending a Registered School has the prima facie right to register with NZ Kids Food Limited and receive Services.

4.2 NZ Kids Food Limited reserves the right to decline any application by any person to register an Account with NZ Kids Food Limited for any/no specified reason.

4.3 NZ Kids Food Limited reserves the right to revoke any Account for any/no specified reason.

4.4 The Account Owner may not permit any person other than the Account Owner to access their Account without prior permission from NZ Kids Food Limited.

4.5 The Account Owner warrants that their contact details and the Customer’s Registered School details shall be kept up to date by the Account Owner.

4.6 The Customer has no rights under this Agreement, other than receiving the Meal Item(s) the Account Owner has Ordered.

4.7 The Account Owner warrants they have the right to look after the day-to-day care of the Customer, or are otherwise permitted to submit an Order on this website to purchase Meal Items for the Customer.

4.8 The Account Owner warrants they have made reasonable inquiry into whether the Customer is able to safely consume the Meal Items before such items are purchased by the Account Owner (including but not limited to inquiry as to whether the Customer is allergic to any ingredients in any Meal Item/Meal Items).

4.9 NZ Kids Food Limited bears no responsibility for the Account Owner failing to make the requisite enquiries under clause 4.8 of these Terms and Conditions.

5. Meal Item(s) and Services

5.1 The Account Owner acknowledges that Meal Item(s) may not be available from time to time and that NZ Kids Food Limited shall not be liable in any way should such Meal Item(s) not be available.

5.2 NZ Kids Food Limited agrees to provide the Meal Item(s) to the Customer on the date(s) requested by the Account Owner in accordance with the Order.

5.3 NZ Kids Food Limited reserves the right to vary the Meal Items available to be Ordered by the Account Owner from time to time.

5.4 Meal Item(s) shall be delivered to the relevant Customer at the relevant Registered school on or around 10:30am on the date specified in the Order by the Account Owner.

6. Orders and Cancellation

6.1 The Account Owner agrees to purchase the Meal Item(s) they have Ordered by using this website at the agreed Purchase Price, with such Order and payment both being made in advance of delivery, in accordance with either clauses 6.2 & 6.3 or 6.4 & 6.5.

6.2 If the Account Owner is a Community Service Card Account Owner, the Account Owner must purchase any Meal Item by cut off day and time before such Meal Item(s) will be delivered to the Customer at the Customer’s Registered School.

6.3 If the Account Owner is a Community Service Card Registered Account Owner and wishes to cancel a relevant Order, the Account Owner must cancel such Order by 7.30am the day before the relevant Meal Item(s) are scheduled to be delivered to the Customer in order to receive a full refund (not including the relevant Credit/Debit Card Processing Fee).

6.4 If the Account Owner is not a Community Service Card Account Owner, the Account Owner must purchase any Meal Item by cut off day and time before such Meal Item(s) will be delivered to the Customer at the Customer’s Registered School.

6.5 If the Account Owner is not a Community Service Card Registered Account Owner and wishes to cancel a relevant Order, the Account Owner must cancel such Order by 7.30am the day before the relevant Meal Item(s) are scheduled to be delivered to the Customer in order to receive a full refund (not including the relevant Credit/Debit Card Processing Fee).

6.6 The Account Owner is not entitled to a refund or return of any Meal Item(s), should they specify an incorrect Registered School when placing a relevant Order unless such error is notified to NZ Kids Food Limited by the applicable cancellation times in either clause 6.3 or 6.5 of these Terms and Conditions.

6.7 The Account Owner acknowledges that such Orders are made subject to availability of any Meal Item(s). If such Meal Item(s) are unavailable on the date scheduled for delivery, the Account Owner can request to receive a refund or purchase another item in substitution of the Meal Item(s) Ordered.

6.8 Any refund which NZ Kids Food Limited agrees to give the Account Owner shall be in the form agreed to between NZ Kids Food Limited and the Account Owner.

6.9 Orders shall only be accepted by NZ Kids Food Limited upon receipt of cleared payment from the Account Owner and confirmation of such in writing to the Account Owner.

7. Privacy Policy

7.1 NZ Kids Food Limited acknowledges to obtain and hold information in accordance with the Privacy Act 1993.

7.2 The Account Owner acknowledges and agrees that all information they provide to NZ Kids Food Limited in relation to the Customer will be provided to a Food Supplier so that the provisions of these Terms and Conditions (including the terms of any Order) can be fulfilled.

7.3 The Account Owner acknowledges and agrees that all information they provide to NZ Kids Food Limited in relation to the Customer can be provided to the New Zealand Government and or Work and Income so that the provisions of these Terms and Conditions (including the terms of any Order) can be fulfilled and in any circumstance where NZ Kids Food Limited are required to do so by law.

8. Complaints & Dispute Resolution

8.1 Should you have any reasonable complaints about the Services NZ Kids Food Limited has performed or failed to perform, please email us the substance of your complaint to admin@nzkidsfood.co.nz and NZ Kids Food Limited shall respond to such complaint within ten (10) working days of receipt.

8.2 Should the Account Owner hold the reasonable belief that the response given by NZ Kids Food Limited in accordance with clause 8.1 of these Terms and Conditions has not resolved the complaint, the Account Owner shall notify NZ Kids Food Limited within five (5) working days of receiving such response. Both NZ Kids Food Limited and the Account Owner shall then negotiate in good faith to resolve the dispute.

8.3 If such dispute cannot be resolved within twenty one (21) working days after the date the Account Owner receives a response in accordance with clause 8.2 of these Terms and Conditions, a mediator may be appointed by joint agreement between the Account Owner and NZ Kids Food Limited. Both the Account Owner and NZ Kids Food Limited shall pay half each for the costs involved in appointing such mediator. If such mediator cannot be agreed upon, the Auckland District Law Society shall appoint a mediator, with both the Account Owner and NZ Kids Food Limited shall pay half each for the costs involved in appointing such mediator.

9. Assignment

9.1 NZ Kids Food Limited reserves the right to assign any of its rights and obligations under this Terms of Agreement to any third party. If such assignment occurs, NZ Kids Food Limited warrants to notify the Account Owner of such.

10. Liability

10.1 To the extent permitted by law, NZ Kids Food Limited shall not be liable to the Account Owner in relation to any Services performed (or failure to perform Services or inadequacy of Services performed) by NZ Kids Food Limited, the Food Supplier and/or Work and Income, regardless of whether such liability arises in contract, equity tort or any other legal duty.

11. Payment

11.1 NZ Kids Food uses the ANZ eGate payment gateway for purchase transactions. NZ Kids Food does not store your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

11.2 All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

11.3 PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.