Licence to use Site
We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with these Terms. You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use. You must not add any content to the Site: unless you hold all necessary rights, licences and consents to do so; that would cause you or us to breach any law, regulation, rule, code or other legal obligation; that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; that would bring us, or the Site, into disrepute; or that infringes the intellectual property or other rights of any person. The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website. You acknowledge and agree that: we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
Intellectual property rights
Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site. By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing. You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner. The licence in above paragraph will survive any termination of these Terms. You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in above paragraphs.
You represent and warrant to us that: you have the legal capacity to enter these Terms; and you have complied with above clauses.
To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms. These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option: in the case of goods: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of having the goods repaired; and in the case of services: the supply of the services again; or the payment of the cost of having the services supplied again.
These Terms terminate automatically if, for any reason, we cease to operate the Site. We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms. If a provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it. These terms are governed by the laws of New Zealand and each party submits to the jurisdiction of the courts of New Zealand.
We deliver to areas in New Zealand. A flat rate is charged for each delivery based on your suburb. If you are not home at time of delivery we will leave the shipping box at the front door or in an area specified by you in the "Additional Info" section when placing your order. The dry ice/ice packs in the shipping box allows it to be left in a shaded area for up to 5 hours (this may change based on weather temperature). Fitfood Limited will not be liable for any damage to the product if left outside for extended periods of time nor if box is damaged or stolen after delivery. It is your obligation to enter the correct delivery address details at time of ordering. If you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense. We will provide you with an estimated date of delivery of your meals and will make every effort to deliver by this date. If you live in a secured apartment complex, please ensure you are home to receive your delivery during the time frame provided. If no one is available to collect your delivery please arrange a suitable time with our staff prior to the delivery date. If our courier is unable to access the apartment your items will be left at the gate, and you will be notified via email. It is the responsibility of the customer to inform Fitfood Limited by emailing us at firstname.lastname@example.org if an order does not arrive. Once we learn an order has not arrived on the due date, we will enquire into it to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.
All prices are given, and amounts due billed in New Zealand Dollars (NZD). Any transactions or purchases online can be made via MasterCard, Visa or debit card only. All transactions are processed via our partners Shopify and Stripe payment services. All payments have to be made before your purchase can be delivered. When paying by card, if you have insufficient funds in your account or the card declines - the purchase will not go through. If you cannot pay using the methods above, please contact us at email@example.com we can try organise a solution for you.
By purchasing a subscription product from our meal plan subscription menu you are agreeing and understand that the payment card used for the initial purchase will be billed weekly for a recurring order or the orders that you choose to process in your subscription account. There are no contracts and you are free to skip orders and cancel your subscription at anytime before your next order processing date. Fitfood is not liable for any orders that process due to customers not managing their subscription accounts. Fitfood will refund any subscription order if prior notice is given before an order cutoff date. Please contact us at firstname.lastname@example.org if we can assist you with your subscription.
All credit card payments are processed securely through a PCI compliant Payment Gateway (DPS) and payments are made directly through 256 bit SSL Encryption software to ensure your personal details are kept safe. Fitfood Limited does not store any credit card information on our servers. We may also change or add additional payment gateways to our website in the future. We take reasonable steps to protect your personal information. However we are not liable for any unauthorised access to this information.
Acceptance of order
We reserve the right to accept or reject your order for any reason, such as the unavailability of any product or service, an error in the price of the product or service or an error in your order.
Order cancellations by us
We reserve the right not to provide goods or services, remove or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.
Discounts & promotions
Discounts or promotion codes are non-transferable and cannot be transferred or refunded for cash. Furthermore, Fitfood Limited reserves the right to cancel any promotion or discount without prior notice. Only a single discount or promotion code per order and cannot be used in conjunction with any other discounts or promotions.