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Use of Website subject to terms and conditions

1. Use of the Website, Purchase of Boxes and Products, subject to these terms and conditions
Your access to, and use of, the Website and your purchase and use of the services and products able to be purchased via the Website is subject to the following terms and conditions. By using the Website you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them.


Registration and Orders


2. Ordering rules
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 remove (indefinitely) your order.
The cut off day and time for ordering, or skipping or removing an order is the week before the relevant Delivery Date.

The cut off day and time for changing delivery point and dates is midnight Friday before the week* of the next delivery. If you order after the cut off, you will receive your delivery in the following fortnight.

Deliveries are made (subject to clauses 15 to 20 below) on during the selected upcoming delivery time slot. You are able (subject to clauses 15 to 20 below) to select which day and time slot you would like to receive your delivery based on what is available in your delivery area.

*Weeks start on Monday and ends every Sunday.


3. Kiwi Bake Box discretion
Kiwi Bake Box: has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever;
has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. Kiwi Bake 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 for any reason whatsoever.

4. Customer liable for every order
You are liable for every order made under your Login which has not been removed or skipped pursuant to the Ordering Rules.


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


Price and Payment

6. 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.

Kiwi Bake 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.


7. Invoicing
Kiwi Bake Box will invoice you via email.


8. Payment
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 prior to the Delivery Date. The name that will appear on your credit card statement will be Kiwi Bake Box Limited. Payment for Extra Boxes will be invoiced and deducted on the same timings as the Box it has been added to.


9. Method of Payment
You must pay Kiwi Bake Box for the Boxes purchased by credit/debit card (other than American Express). The Website does not accept any other form of payment.


10. Payment by credit/debit card declined
If your credit card is declined by its financial institution or fails to process for a subsequent Box or Boxes, payment will be deducted (or as the case may be, debited) from your credit card prior to the Delivery Date. If your card is declined or fails to process before the Delivery Date, Kiwi Bake Box may decline to deliver the relevant order and/or Kiwi Bake Box will contact you to make alternative payment arrangements.

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


11. Adjustments
If you are invoiced an incorrect amount for any Box ordered, Kiwi Bake Box shall be paid, or will refund you, the necessary adjustment amount to reflect the correct amount which should have been invoiced. We will refund you by either crediting your credit card or alternatively crediting your account balance in your online account. Any credit applied to your account will be valid for up to twelve (12) calendar months, is no-transferable and cannot be exchanged or refunded for cash.


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


Product availability and quality

13. Product availability
Kiwi Bake Box 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 Bake Box may alter recipes or ingredients due to stock availability.


14. Product Quality
In establishing that a Product was damaged or spoiled on delivery to you, we may require photographic evidence and/or a sample of the damaged or spoiled Product.

If Kiwi Bake Box agrees that a Product was delivered to you in a damaged or spoiled condition, Kiwi Bake 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.


15. Bake Times
Bake times are based on the results of recipe tests conducted by our recipe testers in the Kiwi Bake Box Development Kitchen. Preparation and Ready In times are indicative only and individual customer results may vary.


16. Nutritional Information
We’d like you to know all of our nutrition information provided is an approximate. This is based off purchased ingredients and volumes combined with the most common household ingredient brands, using recipe volumes. All information is calculated as accurately as possible.


Delivery

17. Delivery Areas
Please refer to Kiwi Bake Box's FAQ page for confirmation of where Kiwi Bake Box delivers to. As part of the Kiwi Bake 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 Kiwi Bake 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.

Kiwi Bake Box shall be entitled to commission third parties to make delivery.
If Kiwi Bake 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, Kiwi Bake 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.

Kiwi Bake 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.


19. Accessibility, safety and deemed delivery
You must ensure that your Delivery Point is easily accessible to Kiwi Bake Box' 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 Kiwi Bake 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. Once delivered you are responsible for all ingredients. In the situation where you, as the customer, have provided written delivery instructions we will endeavour to deliver the Box(s) in accordance with these instructions. Where sensitive information is provided e.g. gate entrance codes, we endeavour to keep this information safe and only disclose it to those who require it for delivery purposes. Please refer to clause 28 “Collection of Information” below.


20. Change of Address
You must notify Kiwi Bake Box immediately of a change to your delivery address. Notification must be made a week in advance of your next scheduled delivery.


21. Delays to Delivery
Kiwi Bake 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 Kiwi Bake Box considers that the delivery of your order is likely to be substantially delayed, Kiwi Bake 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 Kiwi Bake 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. Any credit applied to your account will be valid for up to twelve (12) calendar months, is no-transferable and cannot be exchanged or refunded for cash.
Where the Delivery Date falls on a public holiday, we reserve the right to deliver on the next working (non-public holiday) day. In any such case we will endeavour to notify you at least 36 hours before the relevant Delivery Date.

22. Incorrectly or undelivered Products
If any Product or 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, Kiwi Bake Box will refund the value of the Product that was originally ordered; and
in the case of an incorrectly delivered Box, Kiwi Bake Box will at its option either replace that Box within a reasonable time or refund the value of the Box that was originally ordered.
We will refund you by either crediting your credit card or alternatively crediting your account balance in your online account. Any credit applied to your account will be valid for up to twelve (12) calendar months, is no-transferable and cannot be exchanged or refunded for cash.
If you choose to reject an incorrectly-delivered Box in accordance with sub-clause (b), Kiwi Bake 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, Kiwi Bake 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.
Warranties


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 Kiwi Bake 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 Kiwi Bake 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 (including gluten free and low gluten products)
Except where we specifically and expressly advise you otherwise, the Boxes are not designed to cater for allergies or specific or cultural dietary requirements. From time to time our Recipes may indicate that a Recipe which is not gluten free can be made to be low in gluten by the substitution of certain products. Where we say something is Low in Gluten, that means that, to the best of our knowledge, every Product in the Box is gluten free but that we don't have the same guarantee from our suppliers that we do for Boxes that we label as "Gluten Free" that every Product has been processed in a facility that does not contain gluten. You must take care and have all responsibility for checking the ingredients in Boxes.


26. Product liability
Under the CGA and FTA Kiwi Bake Box’s liability to you cannot be excluded or limited in any way. Subject to the CGA and FTA the liability of Kiwi Bake 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 Kiwi Bake Box' 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 Kiwi Bake 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, or the delivery or failure to deliver any Products.

Intellectual Property

28. All intellectual property owned by Kiwi Bake Box
All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the Website and its contents and all Recipes is owned by, and shall at all times remain the exclusive property of, Kiwi Bake Box, its licensors and the providers of any other products and services accessible through the Website, and is protected by New Zealand and international law.


Force Majeure

29. Effect of force majeure
If the performance by Kiwi Bake 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 Kiwi Bake Box) Kiwi Bake Box shall be excused from such performance to the extent of such prevention.


Privacy

30. Collection of information
The Website contains applications which collect personal information about you. Kiwi Bake Box will only use this information to the extent authorised by you, and will only disclose it in the manner set out below.
In using the Website, you authorise Kiwi Bake 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 Kiwi Bake Box may have against you in any manner that Kiwi Bake Box sees fit;
sending you any advertising or promotional material;
enhancing the Website so that Kiwi Bake 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 you further authorise Kiwi Bake Box to collect personal information about you from any other source available to Kiwi Bake 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. Kiwi Bake Box's right to refuse application
If sufficient personal information is not supplied, or is not satisfactory to Kiwi Bake Box, then Kiwi Bake Box reserves the right to refuse to accept your application to register to use the Website or to make orders.


33. Kiwi Bake Box'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, Kiwi Bake Box may from time to time use Google Analytics cookies for Google Ads Remarketing – displaying Kiwi Bake Box advertisements on the Google Display Network based on visitors’ interactions with the Kiwi Bake Box website. No personally identifiable data is collected for this advertising. Visitors can opt out of Google Analytics for Display Advertising and customise Google Display Network ads using Google’s Ads Preferences Manager. Visitors can also opt out of visit information being collected by Google Analytics on all websites by using the Google Analytics Opt-Out Browser Add-On.


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


35. Disclosure
Any personal information supplied by you and retained by Kiwi Bake Box may be disclosed to other persons or body corporates engaged by Kiwi Bake 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.
Kiwi Bake 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
Kiwi Bake 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 Kiwi Bake Box endeavours to keep your personal information collected on the Website secure and confidential, Kiwi Bake Box shall not be responsible for any breach of security caused by third parties, nor represents that the Website is completely secure.


37. Your rights of access
You have the right under the Privacy Act 1993 to access and request to update and/or correct your personal information held by Kiwi Bake Box. If you do so, you agree to pay Kiwi Bake Box the reasonable charges requested by Kiwi Bake Box in relation to time and attendances involved in complying with your request in this regard.

Access to your personal information held by Kiwi Bake Box 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

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 ), you can terminate this agreement at any time temporarily or indefinitely by notifying us via your online account. The cut off day and time for skipping or removing an order is a 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. Kiwi Bake Box right to suspend
If orders are not paid for in full or a Customer's bank declines payment on a Customer's bank card and as a result money is owing to Kiwi Bake Box, then Kiwi Bake Box reserves the right to suspend the Customer's ability to place further orders on the Website until such time as the outstanding balance has been paid in full.


42. No waiver of Kiwi Bake Box rights
Kiwi Bake 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 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 Kiwi Bake Box. Kiwi Bake 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
Kiwi Bake Box shall use its reasonable endeavours to prevent any unauthorised entry into the Website. However, Kiwi Bake Box will not be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.


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


46. Site content
While Kiwi Bake Box has endeavoured to ensure that the information provided on the Website is free from error, Kiwi Bake Box does not warrant its accuracy, adequacy or completeness, and Kiwi Bake Box shall not be responsible or liable for any error in, or omission from, the information provided on the Website.
We reserve the right to make changes to the information provided on the Website at any time and without notice.


47. Use of the site
You agree not to use the Website for any purpose that is unlawful or prohibited by these terms and conditions. You may download the information on the Website for your own personal use but otherwise neither the Website, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without Kiwi Bake Box' 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 Bake Box' 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.


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


Variation of terms and conditions

49. 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.


50. Kiwi Bake Box reserves the right to make improvements to terms and conditions
Kiwi Bake Box Online reserves the right to make improvements or changes to these Terms and Conditions at any time (including without limitation the correction of errors, omissions, inaccuracies or ambiguities and to meet legal or regulatory requirements). If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.


Notice

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.


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


Governing Law


53. New Zealand Law governs
New Zealand law governs the use of the Website and these terms and conditions.

Definitions

54. Definitions
"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.

"CGA" means the Consumer 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 Thursday or Friday.

"Delivery Point" means an outside area of the Premises, such as your front door, or any particular outside area specified by you in making an order via the Website. If the Premises are a multi-level building, the Delivery Point shall be located on the ground floor of the building.

"Extra" means Extra products, combinations of products or services which are from time to time offered by Kiwi Bake 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) copyright in the Recipes.

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


"Kiwi Bake Box" "we" and "our" means Kiwi Bake Box 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.

"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 Kiwi Bake Box and enclosed with each Box.

"The Website" means this internet site owned by Kiwi Bake Box, being the medium by which you subscribe to receive Boxes.

Promo Codes

55. Promotional Codes
Kiwi Bake Box may provide the public with codes for discounted Boxes and/or similar promotions (“promotion codes”). In the event that a promotion code does not have its own Terms and Conditions, these Terms and Conditions shall prevail.
Promotion codes will be targeted to limited users. To utilise promotion codes, users must meet the intended user criteria specified by Kiwi Bake Box and then either create or already have an existing account set up on the Kiwi Bake Box website (depending on the promotion code criteria). The promotion code is entered into the user’s subscription details to redeem. The promotion code will be applied against the GST inclusive amount payable for the user’s delivery once an order is made. A customer can only use one promotion code per order.
A promotion code may only be used once and may not be copied, reproduced, distributed, or published either directly or indirectly in any form or stored in data retrieval systems without our prior written approval.

Kiwi Bake Box 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.

Kiwi Bake Box reserves the right to withhold or deduct credits obtained using a promotion code in the event that Kiwi Bake Box determines or believes that the use or redemption of the promotion code was in error, fraudulent, illegal, or in violation of the applicable promotion code terms or these Terms.

Promotion codes must only be circulated to the intended audience, and in a lawful manner; and may not be duplicated, sold or transferred in any manner, or made available to the public (whether posted to a public forum or otherwise), unless expressly permitted by The Promotor.

By using a promotion code the user agrees that they are wholly subject to these Terms & Conditions.