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. We offer a variety of products: breakfasts, lunches, morning teas, afternoon teas and dinners. We cannot guarantee the contents of our products in advance as we use fresh ingredients and so the contents of the products may depend on the availability of fresh ingredients from suppliers. Menus will change daily and we reserve the right to change the menus at any time.
3. All of our products may contain gluten, sulphite, seafood, egg, milk/dairy products, peanuts and soybean, tree nuts and sesame seeds. Gluten-friendly products are made with no gluten-containing ingredients, but may contain detectable gluten. Dairy-friendly products are made with no dairy-containing ingredients, but may contain detectable dairy.
4. You should heat dinners in accordance with the instructions that we provide.
5. We offer the following types of lunches:
a. Kids Lunches – Each lunch will consist of four items that will be appropriate for childrens’ tastes. You may select from standard, vegetarian or gluten-friendly Kids’ lunches.
b. Classic Lunches – Each lunch will consist of four items. You may select from standard, vegetarian, gluten-friendly, vegetarian gluten-friendly, dairy-friendly or vegan Classic lunches.
c. Hungry Lunches – Each lunch will consist of five items. You may select from standard, vegetarian, gluten-friendly, vegetarian gluten-friendly, dairy-friendly or vegan Hungry lunches.
d. Gourmet Lunches (catering orders only) – Each lunch will consist of four items. You may select from standard, vegetarian, gluten-friendly, vegetarian gluten-friendly, dairy-friendly or vegan Gourmet lunches. Please note that our Gourmet lunches may contain seafood or shellfish. If we do not have a minimum of five Gourmet lunches to prepare in any one day, we will offer an alternative lunch or an alternative delivery day.
BREAKFASTS (catering orders only)
7. You may select from standard, vegetarian or gluten-friendly breakfasts. Minimum order of 20.
MORNING TEA / AFTERNOON TEA (catering orders only)
8. You may select from standard, vegetarian or gluten-friendly afternoon or morning teas. Minimum order of 20.
9. For every meal (breakfast, lunch, morning or afternoon tea) that you buy, we will provide a lunch to a child at a school that has registered for our service (Give Lunch). Each Give Lunch will consist of three items. Delivery may not be on the same day as ordered meals.
11. Eat My Lunch provides a subscription service. This means that when you order a subscription lunch through the Website, your order will be repeated each week until you end your subscription in accordance with these Terms.
12. 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.
13. You must keep your account login details secure at all times. You will be liable for all orders placed through your account.
14. Orders and payment must be received by midnight two business days prior to the date that you wish your subscription to start.
15. Orders will be repeated on a weekly basis, as selected by you.
16. Prices for products 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.
17. Payment for your first lunch is due 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 ordered a lunch or dinner. Every lunch ordered is charged individually to your credit card. We do not accept American Express cards.
18. An initial order confirmation will be sent following your first order and you are able to retrieve invoices from your account as required.19. 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 repay you by refunding 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.
22. You can place your subscription on hold, reactivate your subscription or end your subscription by letting us know through the ‘My EML’ section of the Website, or by emailing us at email@example.com. We must receive that notification no later than two business days prior to the date that you want your subscription to be put on hold, to be reactivated, or to end.
23. We may end your subscription in accordance with paragraph 12.
24. 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 12 above.
25. You must place your catering order by midnight two business days prior to the date you wish your order to be delivered.
26. Catering orders will be processed as one-off orders. Payment must be made by credit card at the time that the order is placed.
27. All of these Terms other than paragraphs 11, 14, 15, 18, 22 and 23 apply to catering orders.
28. Each order must include an address to which the order is to be delivered (Delivery Point). Eat My Lunch delivers only to certain suburbs of, and (for lunches only) schools in Auckland and Wellington. For details of delivery areas for lunches and catering orders please click here. Your chosen Delivery Point must be within the delivery area for the type of meal you have ordered. 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.
29. You may change your Delivery Point by letting us know through the ‘My EML’ section of the Website or by email to firstname.lastname@example.org. You must let us know by midnight two business days prior to the date you want us to start delivering to the new address.
30. 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 as listed on our Website. If you wish to suspend an order on any other day (for example, during school holidays), you may place your subscription on hold as set out in paragraph 22 and select a restart date for your order to resume.
31. Deliveries cannot be made to buildings with restricted access or security requirements.
32. 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 order, you will not be entitled to a refund.
33. We may commission third parties to make deliveries.
34. We will always aim to deliver your order by the times specified below but, to the extent permitted by law, we will not be liable for failure to deliver on a timely basis.
35. If we consider that your order 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 or catering order and we will credit you with the cost of it. We may, at our discretion, credit your credit card.
EAT MY LUNCH DELIVERIES
36. You must ensure that you, or another person nominated by you, are available to collect your order at the Delivery Point any time before the following times:
a. Breakfasts: 7.30am
b. Morning teas: 9.30am
c. Lunches: 12:30pm.
d. Afternoons teas: 2.30pm
e. Essential boxes: 4.30pm
or such other time as we may agree with you in writing from time to time. Our lunches are made with fresh produce so should be consumed promptly.
37. If nobody is available or willing to take delivery of an order, we will leave the order at the Delivery Point and that order will be deemed to have been delivered. If an order is deemed to be delivered under this paragraph 37, we will contact you as soon as is reasonably practicable to advise you of the deemed delivery.
38. 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.
41. By using the Website you authorise us to collect, retain and use your personal information in the following ways:
a. Processing your account application, including assessing your creditworthiness.
b. Fulfilling your orders and communicating with you in respect of your orders, including by text, telephone or email.
c. Sending you notifications of offers, new products or services or other promotional materials.
d. Providing you with personalised features of the Website.
e. Enforcing any other legal rights that we may have against you.
42. 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 order.
43. We will not release your personal information to any third party except where required or 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.
44. If you do not provide us with the information requested by us, we may be unable to process your orders and provide the delivery service to you.
46. Any personal information that we collect about you will be held by Eat My Lunch Limited, 5 Galatos Street, Auckland. You may access personal information that we hold about you by contacting us at 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.
47. We will make every effort to ensure that we make our products from fresh, quality ingredients and deliver them in accordance with these Terms. If you have any complaints about the standard of our service, please contact us through the ‘My EML’ section of the Website or at firstname.lastname@example.org.
48. In establishing that a product was spoiled or damaged, we may require photographic evidence or a sample of the relevant product. Please ensure that you do not dispose of the product.
49. If we agree that a product was delivered to you in a damaged or spoiled condition, we may credit you with the value of that product. We may, at our discretion, credit your credit card or reduce your next payment by the value of the credit.
50. Unless we agree otherwise, you may not order our products for resale purposes.
51. We may vary these Terms from time to time. If we do so, we will give you at least one week notice.
52. 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.
53. 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 omissions on the Website.
54. 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.
55. 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.
56. These Terms and your use of the Website are governed by New Zealand law.
57. Subject to paragraph 58 below, nothing in these Terms is intended to limit any rights you have under the Consumer Guarantees Act 1993.
58. If you are a business, you agree that:
a. 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.
b. The provisions of the Consumer Guarantees Act 1993 will not apply to your purchase of products from us.