Acceptance of Terms and Conditions
Thank you for visiting www.freshproducebox.co.nz (“the Website”). You acknowledge that by accessing and using the Website you agree to be bound by these Terms. Please read these Terms carefully. If you do not accept these Terms, please refrain from using the Website.
In these Terms,:
“Content” means any software, data, information, pictures, graphics and other materials published or made available on the website.
“Member” means a user that has completed our registration process and created an account.
“FPB” means Fresh Prodcue Box
“FPB Services” means any services that are offered by FPB.
“Third Party Content” means content on the Website that may be provided to FPB by a third party.
“User” means any user of the Website.
“We”, “us” and “our” are a reference to FPB.
“You” and “your” are a reference to you.
FPB Services are limited to the obtaining and collation of information for Members so they can carry out their required delivery of products and services (the Information).
FPB is your agent and obtains Information from third parties. All Information FPB requests on your behalf, as agent, will be requested in your name. You will be subject to the respective third parties’ engagement terms and conditions and will be responsible for payment of tax invoices rendered by third parties.
FPB Services do not include legal services, conveyancing services, real estate services, financial services, building surveying services or valuation services. These are examples of third parties.
FPB recommends that Members consult a lawyer experienced with conveyancing to interpret and apply the Information to their particular situation.
Operation of Website
If you wish to purchase FPB Services you will need to complete the Member registration process and agree to the Membership Terms.
Conduct of Member
You agree not to do any of the following (either directly or indirectly) while using the Website:
• Defame, abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• Commit or encourage a criminal offence;
• Disrupt an exchange of information or otherwise act in a manner that negatively affects other Members.
• Hack into any part of the Website;
• Transmit any unsolicited advertising, promotional materials or any other forms of solicitation, unless expressly authorized by us;
• Breach any applicable law or regulation; or
• Engage in any other conduct that we may advise that we consider (in our absolute discretion) breaches the Terms or is otherwise inappropriate for the Website.
You agree that:
• You will ensure that any use you make of the Website will be made in good faith;
• You must ensure that any username and password you have as a Member is kept secure and confidential and not revealed to any other person. Any instruction issued using your username and/or password will be deemed to be an instruction by you and may be acted upon accordingly until you notify us otherwise;
• You will notify us immediately of any unauthorized use of your username and/or password or any other breach of security. Upon your notification we will cease to rely on that username and password;
• You waive any claim against FPB in respect of or arising from any reliance by FPB upon any use of your username and/or password, including FPB disclosing information relating to you.
Please refer to the Membership Terms for further terms.
You acknowledge that any content displayed or made available through the Website is our exclusive property or used with the express permission of the copyright and/or trademark owner. No content may be reproduced, published or transmitted without our prior written consent. Copyright, trademark or other intellectual property right infringement may result in civil and/or criminal penalties.
“FPB” is our trademark. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on the Website are the property of their respective owners.
We do not endorse, warrant or make any representation about any Third Party Content transmitted via or posted on the Website and you acknowledge that we have not independently verified any of the information contained in the Third Party Content;
We take no responsibility for the Third Party Content or for any inaccuracy or omission contained in it.
We do not control and therefore are not responsible for any communication between you and any other user of the Website that may have been initiated as a result of use of the Website.
The views expressed in Third Party Content may not be our views. While we will endeavour to monitor Third Party Content and exercise editorial control where possible, you acknowledge that you use and rely on the Third Party Content obtained through this Website at your own risk.
We may at any time:
• Refuse to post any Third Party Content that we in our absolute discretion consider will breach the Terms or is otherwise inappropriate for the Website; or
• Edit or remove Third Party Content where we determine (acting reasonably) that the Third Party Content breaches these Terms or is otherwise inappropriate for the Website.
• Where Third Party Content has been provided by us, it has been prepared and provided free of charge and solely for informational purposes. Subject to any relevant laws, we do not warrant or make any representation about any Third Party Content we have provided for informational purposes.
• You understand and agree that, subject to any relevant laws, any Third Party Content downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you will be solely responsible for any and all damage to your computer system or loss of data.
We have the right at any time and without notice to remove, amend and/or vary any of the Content which appears on the Website or cease operating the Website in whole or in part.
We reserve the right to change, alter or modify these Terms and Membership Terms at any time and will update you of this by updating the “last updated” notice beside the link to these Terms. By continuing to access the Website you agree to be bound by the amended Terms. You should check from time to time to see if these Terms have changed or not.
If you are not satisfied with any of our products, we will try our best to resolve the issue and provide satisfactory results. However if the issue cannot be resolved we will happily refund the payment.
If you are signed up to a drop site, you agree to pick up your box on your designated delivery day within the specified pickup times. It is completely at the host’s discretion as to whether they can accommodate late pickups. Customers that miss the pick up time are not eligible for refunds.
If you signed up using a promotional code, there may be a minimum term associated with your subscription. We can still refund the remainder of your balance but you'll forfeit the promotional credit.
Privacy and Personal Information
The Website may include links to other websites not owned by us. If you visit a linked website you will be subject to the terms of that website and any dealing will be solely between you and that other website. These links do not imply our endorsement of that other website or product or service being advertised (as applicable) or any association with their operators unless this is specifically stated on the Website.
The New Zealand Consumer Guarantees Act 1993 may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified. These Terms must in all cases be read subject to those statutory provisions.
Subject to the above paragraph you expressly understand and agree that we make no warranties that the Website will:
• meet your requirements; or
• operate uninterrupted, secure or error–free.
To the fullest extent permitted by law, we exclude all responsibility and liability in relation to the Website and we will not be responsible for errors or misstatements or be liable whether in contract, tort (including negligence) or otherwise for any loss or damage however caused (whether direct, indirect, consequential, special or loss of profits). Where any such liability cannot be excluded then, subject to clause 9.1, we limit our liability to the greatest of $50 or the price of FPB Services l.
FPB, its directors, officers, employees, agents or contractors do not give any representation or warranty as to the availability, timeliness, accuracy or completeness of the Information and shall not, under any circumstances, be liable in any way for any loss or direct, consequential, incidental, or special damages of any kind or any other damages howsoever arising out of or in connection with the Information, its use and/or any error or omission in the Information. To the fullest extent possible, FPB excludes any and all liability connected with the use of the Information.
If any portion of these Terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
Where any dispute arises between you and another user of the Website (including any Merchant) you agree in good faith to use best endeavours to attempt to resolve the dispute amicably through negotiation or other informal means before pursuing any further formal action. You acknowledge that we will not be a party to any such dispute.
These Terms are governed by and will be construed in accordance with the laws of New Zealand and you submit to the jurisdiction of the courts of New Zealand.
If you have any questions or concerns in relation to the Website or these Terms and please Contact Us