Terms of service

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 for Weekly subscription boxes
a. You can choose to have a weekly or fortnightly regular delivery of a Box.
b. 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.
c. You can choose to skip (for a period of time) or cancel your order.
d. You can also choose to change a weekly delivery to a fortnightly delivery and vice versa.
e. SUNDAY DELIVERY - The cut off day and time for skipping, cancelling, changing or removing an order is on the Monday prior to delivery by 10pm

FRIDAY DELIVERY - The cut off day and time for skipping, cancelling, changing or removing an order is on the Saturday of the week prior at 10pm

 g. Deliveries are made on a Sunday for those within our North Island delivery zones and also on Fridays for those within our Auckland delivery zone.
h. Customers are unable to select a specific time slot for delivery.
3. FED. discretion
FED:
a. has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever;
b. has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. FED. may cancel an order for any reason whatsoever; and
c. 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.
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
All prices for Boxes or individual Products are listed on our 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.
FED. 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 five days before the delivery date for an affected Order.
7. Payment
Payment for your first FED. Weekly subscription Box is due, and will be invoiced and deducted or debited from your credit card at the next billing run in the week preceding your selected delivery date, being either Saturday for Friday from 11pm onwards.
The name that will appear on your credit card statement will be FED. Payment for As You Go orders and care Boxes are one-off and do not involve ongoing and regular purchases. Payment for these will be deducted or debited from your credit card, immediately following placing your order with us.
8. Method of Payment
You must pay FED. for the Products purchased by credit or debit card. The Website does not accept any other form of payment.
9. Payment by credit card declined
If your credit or debit card is declined by its financial institution or fails to process for a subsequent Box, payment will be deducted from your credit card on the day following your regular payment date. If your credit card is declined or fails to process on this day FED. will decline to deliver the relevant order.
10. Adjustments
If you are charged an incorrect amount for any Product ordered, FED. will refund you, the necessary adjustment amount. We will refund you by either crediting your nominated account 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.
11. Debt collection
You are liable for all costs associated with debt collection where you default in payment for any order.
Product availability and quality
12. Product availability
FED. will make every effort to fulfil orders placed with the Website, however we will not be liable if we are unable, or decline, to supply a Box or Product for any reason whatsoever, other than to refund the amounts paid.
FED. may alter recipes or ingredients due to stock availability.
13. 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 FED. agrees that a Product was delivered to you in a damaged or spoiled condition, FED. 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.
14. Heating and serving instructions
Cook times are based on the results of reheating tests conducted by our chefs. Heating times are indicative only and individual customer results may vary dependent on the power rating of the customer oven or microwave.
Delivery
15. Delivery Areas
Please refer to FED’s FAQ page for confirmation of where FED. delivers to. 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.
16. Delivery and Liability
Deliveries will, subject to these terms and conditions, be made to the Delivery Point on the Delivery Date.
FED. uses a third party logistics provider to make deliveries and shall be entitled to change these third parties to make delivery.
If FED. brings the Box inside the Premises, beyond the Delivery Point, at your request, or other person accepting delivery of the Box on your behalf, FED. will not be liable for any direct or indirect damage or loss suffered by you or any third party in doing so.
17. Accessibility, safety and deemed delivery
You must ensure that your Delivery Point is easily accessible to FED. 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 is that the Delivery Point is inaccessible or unsafe to deliver, you will be contacted to make alternative arrangements. We reserve the right to charge you an additional fee in respect of any deliveries repeated. If alternative arrangements acceptable to FED. 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.
In the situation where it is safe to complete delivery but there is no person present to take delivery, 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 meals. Our meals are packaged in insulated 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.
18. Change of Address
You must notify FED. immediately of a change to your delivery address. You can alter the Delivery Point and Premises at any time up to 2200 on the Wednesday of the week of delivery.
19. Delivery Times
FED. uses a third party logistics provider to make deliveries and aims to deliver between the hours of 7am and 8pm. We will endeavour to deliver goods between the agreed delivery times but, to the maximum extent permitted by law we will not be held liable for deliveries that occur outside of the stated delivery hours.
If FED. considers that the delivery of your order is likely to be substantially delayed, FED. will contact you (via one of the contact methods detailed in your account) to arrange an alternative delivery. If that timeframe of that delivery is unacceptable to you, you may decline to accept it and FED. will credit you with the cost of that Box .

Where the Delivery Date falls on a public holiday, we reserve the right to deliver on the next working (non-public holiday) day and will endeavour to notify you at least 36 hours before the relevant Delivery Date.
20. Incorrectly or undelivered Products
If any product or box delivered does not correspond with that ordered you can:

Keep the incorrectly-delivered Product or Box, in which case no adjustment will be made to the payment due from you; or reject the Product or Box, in which case: in the case of an incorrectly delivered Product, FED. will refund the value of the Product that was originally ordered; and in the case of an incorrectly delivered Box, FED. will 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 non-transferable and cannot be exchanged or refunded for cash.
If you choose to reject an incorrectly-delivered Box FED. 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, FED. reserves the right to charge you for that Box.
If a Box is deemed to be undelivered in accordance with the delivery reports provided by the third party logistics provider FED. will either refund the value of the Product that was originally ordered or replace that Box within a reasonable time.
Ownership and Risk
21. Risk Passes on Delivery
Ownership, responsibility and risk in the Products shall pass to the Customer on delivery to the Delivery Point.
Liability and Indemnity
22. Allergies and specific dietary requirements (including gluten free and gluten lite products)
FED. Products are not designed to specifically cater for allergies or specific cultural dietary requirements. Please note that all of our dishes are prepared in a kitchen that contains wheat, nuts and dairy so we cannot guarantee any of our dishes will be completely free from traces of key allergens.
If you have any questions, please feel free to message us over at kitchen@getfed.com
Intellectual Property
23. All intellectual property owned by FED.
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 is owned by, and shall at all times remain the exclusive property of, FED. 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
24. Effect of force majeure
If the performance by FED. 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 FED) FED. shall be excused from such performance to the extent of such prevention.
Privacy
25. Collection of information
The Website contains applications which collect personal information about you. For a full list of these, please see our Privacy policy.
Termination
26. Customer rights to terminate
Except in the case of orders which you have paid for, 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 on the Thursday at 2200 hours the week before the relevant Delivery Date (Monday and Tuesday) or Monday at 2200 hours the week of the delivery date (Thursday and Friday)
27. FED. 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 FED. 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.
Website content and use
28. Security of information
FED. shall use its reasonable endeavours to prevent any unauthorised entry into the Website. However, FED. will not be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.
29. Login
You must keep your Login details safe and confidential at all times.
30. Site content
While FED. has endeavoured to ensure that the information provided on the Website is free from error, FED. does not warrant its accuracy and 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.
31. Indemnity
You agree to indemnify, defend and hold harmless FED. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
32. THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

33. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Gift Vouchers
34. Buying Gift Vouchers online
a. Gift vouchers may be purchased online from anywhere in the world, but we can only deliver Boxes and Products to addresses within New Zealand that we service.
b. We will deliver gift vouchers purchased by you via email to your email address.
c. You are responsible for ensuring that all information provided in relation to purchase is correct.
35. Gift Voucher Terms & Conditions
a. FED. gift vouchers can only be purchased online via the Website.
b. Gift vouchers can be partially redeemed. The un-used balance is non-refundable but can be redeemed against future purchases.
c. All gift vouchers expire 12 months from date of purchase.
d. A gift voucher cannot be reloaded, and unused balances at the expiry date will not be refunded.
e. Gift vouchers will not be refunded or replaced.
f. Gift voucher value cannot be redeemed for cash or credited to a bank account.
Variation of terms and conditions
36. 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.
37. FED. reserves the right to make improvements to terms and conditions
FED. 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)..
Governing Law
38. New Zealand Law governs
New Zealand law governs the use of the Website and these terms and conditions.
39. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Definitions
40. Definitions
"this Agreement" means the agreement made when we accept an order from you to purchase Boxes or Products, the terms of which are set out in your order and these terms and conditions.
"Box" means a delivery of meals, which are able to be ordered via the Website
“Product” means an individually listed product which is able to be ordered via the Website.
"Customer", "you" and "your" means you and any other person who registers, and/or orders a Box or Products, under your Login.
"Delivery Date" means, subject to these terms and conditions, a Monday, Tuesday, Thursday or Friday.
"Delivery Point" means an outside area of the Premises. If the Premises are a multi-level building, the Delivery Point shall be located on the ground floor of the building.
"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.
"FED." "we" and "our" means The Virtual Cooking Company Limited trading under the name of FED. 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.
"Premises" means the premises at the address specified by you on your registration application, as amended from time to time.
"Products" means the individual meals or Boxes sold via the Website.
"The Website" means this internet site owned by FED. being the medium by which you subscribe to receive Boxes.