Terms of Use

For Schoollunches.co.nz Ltd

 

"By registering as an Account Holder with Schoollunches.co.nz Ltd, you accept the following terms and conditions and agree to be bound by them."


1: DEFINITIONS

  • 1.1 - "Agreement" means these terms of trade and any variations updated from time to time.
  • 1.2 - "Schoollunches.co.nz credit account" means a credit account opened in the Account holder name upon registration, from which payments, deductions and reimbursements may be made.
  • 1.3 - "Customer" means a person on whose behalf the account holder places the orders, and the person whom the orders will be delivered.
  • 1.4 - "Delivery site" means the location where the orders are to be delivered by the food supplier to the customer.
  • 1.5 - "Schoollunches.co.nz" means Schoollunches.co.nz Ltd and its successors and assigns
  • 1.6 - "Account holder" means an individual or organisation who has registered as an account holder with Schoollunches.co.nz who is also a party under this agreement.
  • 1.7 - "Fee" means NZD $0.25 per meal, calculated and paid to Schoollunches.co.nz in accordance with clause 6 of this agreement
  • 1.8 - "Funds transfer charge" means NZD $0.30 per transfer of funds from either Account to Account payment or Visa/Mastercard payments.
  • 1.9 - "Food supplier" means a supplier of meal items who has registered as a food supplier with Schoollunches.co.nz to prepare, assemble and deliver the orders.
  • 1.10 - "Intellectual property" includes (without limitation) patent applications, copyright, designs, registered or unregistered trade marks, trade names, goodwill rights, trade secrets, confidential information and any other intellectual property
  • pertaining to the Services, the website or the business of Schoollunches.co.nz
  • 1.11 - "Meal" means a meal item or items ordered for a single customer for a single delivery.
  • 1.12 - "Meal items" means any food, beverage or other goods that may be purchased through Schoollunches.co.nz from the food supplier from time to time
  • 1.13 - "Orders" means any order for meal items placed through Schoollunches.co.nz website
  • 1.14 - "Sale price" means the price charged to the account holder in respect of the meal items, which shall be inclusive of GST.
  • 1.15 - "Service" means the ordering of Meal items by registered Account holders through the electronic online interface or other platforms provided by Schoolllunches.co.nz, and subsequent supply of meal items by the food supplier to the customer.
  • 1.16 - "Term" means the period commencing on the date of this Agreement, and ending on the date this agreement is terminated.
  • 1.17 - "Website" means the website located at www.schoollunches.co.nz or any related services, and website through which the Schoollunches.co.nz service is offered.
  • 1.18 - "We", "Us", and "Our", means Schoollunches.co.nz
  • 1.19 - "You", "yourself" and "your" means the Account holder. The plural includes the singular and vice versa.

2: AGREEMENT

2.1: Schoollunches.co.nz agrees to provide the Service to you in accordance with this Agreement, subject to the approval of the supplier.

3: USE & REGISTRATION

  • 3.1 - If your school is registered, you may register to use schoollunches.co.nz. There is no fee for registering as an Account holder or customer.
  • 3.2 - Schoollunches.co.nz reserves the right to decline an application for registration by an Account Holder at any time without cause.
  • 3.3 - The Food supplier acknowledges that some meal items may be included in customers preorder menus and amendments to menu listings are to be requested immediately
  • 3.4 - You must ensure all registration details are up to date and secure at all times, and not allow any other person to access your account without express permission of Schoollunches.co.nz
  • 3.5 - You may not register more than one account with Schoollunches.co.nz
  • 3.6 - Should an order be placed for an incorrect school, without cancellation, the "Purchaser" has no right to refund or return of product.
  • 3.7: By registering with us, you warrant that:
  • 3.7.1 You are not subject to any order or management pursuant to the Mental Health Act or similar
  • 3.7.2 All the information provided in the registration is complete, accurate and current and you will ensure that it will remain so at all times.

4: ORDERS

  • 4.1 - The account holder may place an order via the website for any meal items displayed on the customers ordering page.
  • 4.2 - Orders will only be accepted upon receipt of payment for the order via Schoollunches prepay account, Visa/MasterCard or Account to Account payment.
  • 4.3 - All orders and related payments must be confirmed and received by Schoollunches by the specified time on the menu pages for each school on the day of delivery.
  • 4.4 - An order is deemed to be received by Schoollunches when payment has been made and an electronic confirmation has been generated by Schoollunches.co.nz to the Account holder via their registered email address.
  • 4.5 - Schoollunches.co.nz reserves the right to reject an order an any time without cause
  • 4.6 - The Food supplier has put together a menu for the term, which will be reviewed and updated each term. Schoollunches.co.nz shall in no way be obligated to arrange for the supply of any food and beverage items that is not listed as a Meal item on the menu for the customer. Menus can differ from school to school, and may have different items available on their menu.
  • 4.7 - The Food supplier will always do their best to ensure they can fulfil your order. You acknowledge that the Meal Items listed on the Website are subject to availability. Where it is necessary you hereby authorise the supplier to replace any meal item with a substitute or similar value without notice.
  • 4.8 - Any orders made from your account via the website are considered a valid order from the Account holder, for which you are obliged to pay.
  • 4.9 - You may cancel an order up to the specified cut off time displayed on your schools menu page. No refunds will be given for cancellations for or adjustments made after this time, as the order will be produced and delivered.

5: PRIVACY

  • 5.1 - Schoollunches.co.nz is committed to protecting the privacy of all registered account holders.
  • 5.2 - Schoollunches.co.nz and the website gather the following information from the registered account holder
  • 5.2.1 - Account Holder name: used to register with Schoollunches.co.nz
  • 5.2.2 - Email address: used to login to your account with Schooollunches.co.nz Ltd. Confirmation of orders are also sent to this email address
  • 5.2.3 - Password: Used to login to your account with Schoollunches.co.nz Ltd.
  • 5.2.4 - Childs details: Childs name and class are to be provided in order to facilitate the delivery of orders
  • 5.2.5 - School: this information is used for the delivery of meals and links yourself to your selected school
  • 5.3 - Further to clause 5.2 Schoollunches.co.nz Ltd will not disclose any such information in relation to you or the customer to any third party without consent other than:
  • 5.3.1 - Food suppliers for the sole purpose of providing the Service; and
  • 5.3.2 - The New Zealand government for any such information required or permitted by law.
  • 5.3.3 - Professional advisors or consultants who have entered into confidential undertaking with Schoollunches.co.nz Ltd to provide research, administration or customer support services incidental to the Service in which case only the minimum information for such servcies will be supplied.
  • 5.4 - Schoollunches.co.nz Ltd is the entity which collects, handles and holds information provided by the Account Holder on the Website. Such information will only be stored in secure networks and facilities.
  • 5.5 - You are entitled to have access to any personal information related to you or the relevant Customer, which has previously been supplied to us. You shall be entitled to edit, amend or delete any such information unless prohibited by law.
  • 5.6 - In the event that Schoollunches.co.nz Ltd is sold, acquired, merged, liquidated, restructured or otherwise transferred to another party, Schoollunches.co.nz Ltd reserves the right to transfer to the extent permissible by law its user databases, together with personal information contained therein to such party acquiring the assets.

6: PRICE , PAYMENT AND DELIVERY

  • 6.1 - The sale price for each of the Meal items shall be displayed on the menu on the customer ordering page, and will be valid for that school term.
  • 6.2 - Upon registration, a schoollunches.co.nz credit account will be opened for you, from which payments may be made from
  • 6.3 - The fee for each order placed through Schoollunches.co.nz is NZD $0.25 cents per order. Transfer charges via credit card or Account to Account transfer incur an additional NZD $0.30 cents per transaction.
  • 6.4 - You may either pay for your order or top up your credit account using Account to Account payment or Visa/Mastercard at a charge of NZD $0.30 per transfer of funds.
  • 6.5 - Should schoollunches.co.nz incur any losses, costs or damages as a direct or indirect result of the Account holders breach of this agreement, Schoollunches may, in its absolute discretion, deduct any amount owing by the Account Holder from the Schoollunches.co.nz credit account at any time without notice.
  • 6.6 - A Schoollunches.co.nz credit account may be closed when:
  • 6.6.1 - You ask for its closure by emailing admin@schoollunches.co.nz. You will need to provide your family name, login id, current account balance and you must nominate an bank account for the balance of the Schoollunches.co.nz to be deposited to
  • 6.6.2 - This agreement is terminated pursuant to clause 13 of this agreement
  • 6.7 - Subject to clause 6.5, upon closure of a Schoollunches.co.nz account, we shall refund the balance held in the credit account to you.
  • 6.8 - The sale price and fee for each meal item are subject to change by Schoollunches.co.nz or the food supplier from time to time without notice. You are deemed to have accepted any such changes by continuing to use the services.
  • 6.9 - Meals are delivered to your school, either to your classroom or ready at your school tuck shop at lunchtime on the day of the order. Schools lunchtimes vary from school to school and delivery of meal items will be at your schools lunchtime as set out by the agreement between your school and your school lunch supplier. The meal price includes delivery.

7: ELECTRONIC COMMUNICATION & WEBSITE INFORMATION

  • 7.1 - You agree to receive communication via email from Schoollunches.co.nz relating to your registration, Schoollunches.co.nz credit account, transactions or promotions, marketing and other updates regarding the service or the website.
  • 7.2 - You may post reviews, feedback and other comments by emailing Feedback@schoollunches.co.nz. You grant Schoollunches.co.nz and its affiliates the right to use, copy, reproduce, modify, delete, distribute and display an such reviews and comments in whatever form or medium.
  • 7.3 - Whilst Schoollunches.co.nz strives to ensure that our website is accurate, you acknowledge that you use any information and data provided on the website at your own risk. Schoollunches.co.nz does not warrant or guarantee the accuracy or currency of any information, data or material on the website, and reserves the right to update, amend or delete the same at any time.
  • 7.4 - The website may provide links to other website not operated or controlled by Schoollunches.co.nz. Schoollunches.co.nz shall not be liable for any representation, services, content or data contained in such external sites.

8: COMPLAINTS AND RETURN OF PRODUCTS

  • 8.1 - In the event of any issues arising relating to damaged meal items, damaged packaging, expiry of shelf life, delay in delivery or non delivery, inferior quality or complaints of similar nature, you shall raise the complaint to Schoollunches.co.nz at admin@schoollunches.co.nz., at which stage Schoollunches.co.nz will investigate and remedy the complaint at your request.

9: REFUNDS POLICY

  • 9.1 - Should a refund be due, a refund will be provided in the form of a credit into your schoollunches.co.nz account within 7 days from the remedy of the complaint raised. No cash refunds will be given.

10: NO AGENCY

  • 10.1 - The parties acknowledge that neither Schoollunches.co.nz nor the Food supplier is an agent or authorized representative of the other.

11: SUB-CONTRACTING AND ASSIGNMENT

  • 11.1 - Schoollunches.co.nz may assign any of its rights or obligations under this Agreement without obtaining the prior approval of the Account Holder.

12: CONFIDENTIALITY AND INTELLECTUAL PROPERTY

  • 12.1 - The Food supplier acknowledges and agrees that all Intellectual Property rights relating to the service and the website are owned by Schoollunches.co.nz Ltd and will not:
  • 12.1.1 - Display, copy, print, reproduce, adapt, reverse-engineer, distribute, store, publish or create derivative works using the Intellectual Property or the Confidential information: or
  • 12.1.2 - challenge, nor assist any other party (directly or indirectly) to change Schoollunches.co.nz sole ownership of the Intellectual Property, nor to use the same in services to any other party
  • 12.2 - The obligations under this clause 11 shall survive termination of this Agreement.

13: LIABILITY AND INDEMNITY

  • 13.1 - You acknowledge that, despite best efforts, Schoollunches.co.nz cannot guarantee the continued availability, currency, description, delivery capability and quality of service, advertisement, any particular food supplier or any meal items advertised on the website, and will not be liable to you for any failure for provide the same.
  • 13.2 - You agree to be solely responsible for the customer and fully indemnify Schoollunches.co.nz and its directors, employees and authorized representatives from any and all claims, liabilities, losses (including consequential loss), expenses and damages occasioned by reason of any claim, proceeding, action, liability or injury in connection with the Food supplier, or arising directly or indirectly from breach of this agreement by the Food supplier, its employees, authorized representatives or agents.
  • 13.3 - To the extent permitted by the law, Schoollunches.co.nz excludes all liability and responsibility to the Account Holder in connection with the service, the website, or any acts or omission by other users, or the food supplier, whether such liability arises in contract, equity, tort, breach of statutory duty or otherwise. Any liability of Schoollunches.co.nz to the Account holder or the customer relating to this agreement shall be limited to the total value of all fees received by Schoollunches.co.nz under this agreement to a maximum of $5,000.00 New Zealand dollars

14: TERMINATION

  • 14.1 - You may terminate your registration and this Agreement, either in whole or in relation to specific Account Holders and/or institutions by giving Schoollunches.co.nz at least twenty (20) working days written notice prior to the end of the then current school term.
  • 14.2 - Schoollunches.co.nz may terminate the agreement and your registration:
  • 14.2.1 - Upon termination of this Agreement the parties shall pay each other all sums of money which may be due or owing in respect to the Service under this Agreement prior to termination.
  • 14.2.2 - immediately by notice in writing (including email) if you or any customer associated with you is in breach of any term of this Agreement. If the breach can be remedied and you have twenty-four (24) hours remedy that breach from receipt of a written notice (including email) from Schoollunches.co.nz requiring immediate remedy; or
  • 14.2.3 - without cause upon ten (10) working days written notice
  • 14.2.4 - Without cause and without notice, if institution relationship has been terminated.

15: DISPUTE RESOLUTION

  • 15.1 -If any dispute arises between the parties out of or in relation to this Agreement:
  • 15.1.1 - the party claiming a dispute has arisen must given written notice to the other specifying the nature of the dispute;
  • 15.1.2 - the parties will endeavour, in good faith, to negotiate a resolution of the dispute;
  • 15.1.3 - if the parties have not resolved the dispute within fourteen (14) days after the date notice of the dispute was given, the dispute is to be mediated by a mediator jointly agreed by the parties, or, if they parties are unable to agree, select by the President of the Auckland District Law Society at the time the dispute arises. The cost of the meditation shall be shared equally between the parties unless otherwise agreed in the course of mediation.
  • 15.1.4 - pending resolution of the dispute, this Agreement will remain in full force and effect without prejudice to either parties' rights and/or remedies.

16: MISCELLANEIOUS

  • 16.1 - The parties shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
  • 16.2 - Failure by the parties to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations it has under this contract.
  • 16.3 - This agreement shall be governed by and interpreted in accordance with the laws of New Zealand. The Courts of New Zealand have jurisdiction to hear any dispute in connections with this Agreement.
  • 16.4 - This Agreement contains the entire agreement and undertaking between the parties with respect to the subject matter hereof and supersedes all prior discussions, representations, understandings and agreements weather oral or in writing including, without limitation, the Non-Disclosure Agreement
  • 16.5 - If any provision of this contract shall be invalid, void or illegal or unenforceable they validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
  • 16.6 - Schoolllunches.co.nz may vary the terms and conditions contained in this Agreement from time to time, in its absolute discretion. You are deemed to have accepted such change by continuing use of the service and/or the website.