1. The Eat My Lunch website, www.eatmylunch.nz (Website) is provided by Eat My Lunch Limited (Eat My Lunch, we or us). Your use of the Website and the services provided through the Website is subject to these terms and conditions (Terms). By using the website you represent that you have read and understood the Terms and agree to be bound by them.
2. You may order either standard, vegetarian or gluten free lunches. You may change your order any time before midnight two business days prior to the date of delivery that you wish the change to take effect.
3. Child Lunches – Each lunch will consist of four items. The menu will change from day to day and will be appropriate for children’s tastes. We cannot guarantee the contents of lunches in advance as we use fresh ingredients and so the contents of the lunches may depend on the availability of fresh products from suppliers. We reserve the right to change the menu at any time.
4. Classic Lunches – Each lunch will consist of four items. The menu will change from day to day. We cannot guarantee the contents of lunches in advance as we use fresh ingredients and so the contents of the lunches may depend on the availability of fresh products from suppliers. We reserve the right to change the menu at any time.
5. Hungry Lunches – Each lunch will consist of five items. The menu will change from day to day. We cannot guarantee the contents of lunches in advance as we use fresh ingredients and so the contents of the lunches may depend on the availability of fresh products from suppliers. We reserve the right to change the menu at any time.
6. Gourmet Lunches – Each lunch will consist of four items. The menu will change from day to day. We cannot guarantee the contents of lunches in advance as we use fresh ingredients and so the contents of the lunches may depend on the availability of fresh products from suppliers. We reserve the right to change the menu at any time. Please note that our Gourmet Lunches may contain seafood or shellfish.
7. For every lunch that you buy, we will provide a lunch to a child at a low-decile school that has registered for our service (Give Lunch). Each Give Lunch will consist of three items selected from the items provided in lunches ordered in accordance with these Terms. Delivery may not be on the same day as ordered lunches.
8. All lunches may contain gluten, sulphite, seafood, egg, milk/dairy products, peanuts and soybean, tree nuts and sesame seeds.
9. All chilled items provided in lunches must be kept chilled or consumed within 4 hours after delivery.
ORDERING SUBSCRIPTION LUNCHES
10. Eat My Lunch is a subscription service. This means that when you order a lunch through the Website, your order will be repeated at the frequency chosen by you until you end your subscription in accordance with these Terms.
11. To place an order, you must open an account with Eat My Lunch through the Website. We reserve the right to refuse an application to open an account, for any reason whatsoever, or to suspend your ability to place orders through the Website, or to cancel an account for any reason.
12. You must keep your account login details secure at all times. You will be liable for all orders placed through your account.
13. Orders and payment must be received by midnight two business days prior to the date that you wish your subscription to start.
14. Orders will be repeated on a weekly basis, as selected by you.
15. Prices for lunches are listed on the Website. All prices listed are in New Zealand dollars and are inclusive of GST. We reserve the right to change prices at any time, provided that we will let you know of the price change at least eight days before the price change is to take effect.
16. Payment for your first lunch is due by midnight two business days prior to your first delivery date. You must provide a valid credit card number as part of your order. By placing the order you authorise us to charge your credit card to pay for your lunch in accordance with these Terms. Please note that this process is the same for every day that you have scheduled a lunch. Every lunch ordered is charged individually to your credit card. We do not accept American Express or Diners’ Club cards.
17. An initial order confirmation will be sent following your first order and you are able to retrieve invoices from your account as required.
18. If any charge to your credit card is declined your delivery will be withheld for the scheduled delivery that the payment relates to. Your account will not be suspended however and normal processing will resume the following week.
19. If we invoice an incorrect amount to your credit card, we reserve the right to make repayment to you by making a refund to your registered credit card or to make an additional charge to your credit card to recover any undercharge. You authorise us to make such additional charge.
20. You will be liable for any debt collection costs incurred.
21. Each order must include an address to which the lunch is to be delivered. This must be either a school or a business address (Delivery Point). Eat My Lunch delivers only to certain suburbs of, and schools in Auckland, Hamilton and Wellington and your chosen Delivery Point must be within those areas. If you wish to have your lunch delivered to a school within our delivery area, you must make suitable arrangements with that school for the lunch to be accepted on behalf of, and distributed to or collected by, the intended recipient.
22. You may change your Delivery Point by letting us know through the ‘My Account’ section of the Website or by email to email@example.com. You must let us know by midnight two business days prior to the date you want us to start delivering to the new address.
23. You must ensure that you, or another person nominated by you, are available to collect your lunch at the Delivery Point any time before 12:30pm. We will always aim to deliver your lunch by this time, but, to the extent permitted by law, we will not be liable for failure to deliver on a timely basis.
24. Deliveries will not be made on days that are public holidays and you will not be charged for lunches in respect of the relevant public holidays. If you wish to suspend a lunch order on any other day (for example, during school holidays), you may place your subscription on hold as set out in paragraph 31 below and select a restart date for your lunches to resume.
25. If you or the intended recipient of a lunch are unwell on a scheduled day for delivery of a lunch or if you or the intended recipient will otherwise not be present to take delivery of the lunch, you will remain liable for the cost of that lunch.
26. Deliveries cannot be made to buildings with restricted access or security requirements.
27. You must ensure that the Delivery Point is free of hazards and otherwise safe for our delivery person to enter and make the delivery. If, in our reasonable opinion, the Delivery Point is difficult or unsafe to access, we will contact you to make alternative arrangements. We reserve the right to charge an additional fee if alternative arrangements are required. If no suitable alternative arrangements can be made and we do not deliver the lunch, you will not be entitled to a refund for the lunch.
28. If nobody is available or willing to take delivery of a lunch, we will leave the lunch at the Delivery Point and that lunch will be deemed to have been delivered. If a lunch is deemed to be delivered under this paragraph 28, we will contact you as soon as is reasonably practicable to advise you of the deemed delivery.
29. We may commission third parties to make deliveries.
30. If we consider that your lunch is likely to be significantly delayed, we will contact you to arrange an alternative delivery timeframe. If no alternative timeframe can be agreed, you may reject that lunch and we will credit you with the cost of that lunch. We may, at our discretion, credit your credit card.
PUTTING YOUR SUBSCRIPTION ON HOLD OR ENDING YOUR SUBSCRIPTION
31. You can place your subscription on hold, reactivate your subscription or end your subscription by letting us know through the ‘My Account’ section of the Website, or by emailing us at firstname.lastname@example.org. We must receive that notification no later than two business days prior to the date that you want your subscription to be on hold, to be reactivated, or to end.
32. We may end your subscription in accordance with paragraph 11.
ORDER CATERING LUNCHES
33. We also offer a catering service. You can place your catering order through your account. If you do not have an account, you can open one as set out in paragraph 8 above.
34. You must place your catering order by midnight two business days prior to the date you wish your order to be delivered.
35. You can specify the size of your lunch from either Classic, Hungry or Gourmet and whether you wish the lunches to be standard, vegetarian or gluten-free. For each lunch ordered, we will provide a Give Lunch to a child at a low-decile school in Auckland, Hamilton and Wellington
36. Catering orders will be processed as one-off orders. Payment must be made by credit card at the time that the order is placed.
37. All of these Terms other than paragraphs 10, 13, 14, 31 and 32 apply to catering orders.
38. By using the Website you authorise us to collect, retain and use your personal information in the following ways
- To process your account application, including assessing your creditworthiness.
- To fulfil your orders for lunches and communicate with you in respect of your orders, including by text, telephone or email.
- Sending you notifications of offers, new products or services or other promotional materials.
- Providing you with personalised features of the Website.
- Enforcing any other legal rights that we may have against you.
39. In applying to open an account with us, you authorise us to seek and collect personal information about you from any third party, including but not limited to credit referral agencies and your bank and to disclose the information to third parties where appropriate, for example, a third party that is contracted to complete delivery of your lunch.
40. We will not release your personal information to any third party except where required to, permitted to, by law, where you have authorised us to do so or where disclosure is connected to the purpose for which the information was collected.
41. If you do not provide us with the information requested by us, we may be unable to process your orders and provide the lunch delivery service to you.
43. Any personal information that we collect about you will be held by Eat My Lunch Limited, 5 Galatos St, Auckland. You may access personal information that we hold about you by contacting us at our email address email@example.com. We may make a reasonable charge for supplying the information. If you notify us that any personal information that we hold about you is incorrect, we will promptly correct that information.
43. We will make every effort to ensure that lunches are made from fresh, quality ingredients and delivered in accordance with these Terms. If you have any complaints about the standard of our service, please contact us through the ‘My Account’ section of the Website or at firstname.lastname@example.org.
44. In establishing that a lunch was spoiled or damaged, we may require photographic evidence or a sample of the relevant lunch. Please ensure that you do not dispose of the lunch.
45. If we agree that a lunch was delivered to you in a damaged or spoiled condition, we may credit you with the value of that lunch. We may, at our discretion, credit your credit card or reduce your next payment by the value of the credit.
46. Unless we agree otherwise, you may not order lunches for resale purposes.
47. We may vary these Terms and conditions from time to time. If we do so, we will give you at least one week notice.
48. You agree that you will not use the Website for any purpose that is unlawful or in breach of these Terms. You will not interfere with or damage the operation of the Website or any of our systems in any way, including by way of a virus, software or program, corrupted file or otherwise.
49. We do not warrant the completeness or accuracy of any information on the Website and, to the extent that we are permitted to do so by law, we do not accept liability for errors or omission on the Website.
50. The Website may contain links to third party websites. We are not responsible and will not be liable for the content of any third party websites.
51. If any part of these Terms is deemed invalid, void or for any reason unenforceable, that part shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining Terms.
52. These Terms and your use of the Website are governed by New Zealand law.
53. Subject to paragraph 54 below, nothing in these Terms is intended to limit any rights you have under the Consumer Guarantees Act 1993.
54. If you are a business, you agree that:
- We may use your name and confirm that you have placed a catering order and the quantity of that order, for our promotional purposes. For example, on our Facebook page or Twitter feed.
- The provisions of the Consumer Guarantees Act 1993 will not apply to your purchase of lunches from us.