Terms & Conditions

1.GENERAL

1.1 Definitions

1."Customer" means you and all other persons who purchase the products under your Login, and, as the context requires, includes any person browsing Nutrifare's HomeCater Online Shopping who is not registered to use Nutrifare's HomeCater Online Shopping.

2."Delivery Point" means an outside area of the Premises, such as the Customer's front door, or any particular outside area specified by the Customer on a particular Product order form. If the Premises are a multi-level building, the Delivery Point shall be located on the ground floor of such building. For customers who live rural, the delivery point may not be the residence stated.

3."Fulfilment Fee" means the fee you as the customer must pay to have your order picked, packed and delivered and may also be referred to as "delivery fee".

4."GST" means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.

5."Intellectual Property" means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered or registrable by any means, and the right to file an application for registration thereof.

6."Login" means a Customer's personal email address and password used to access Nutrifare's HomeCater Online Shopping under that Customer's registration.

7."Affiliate" means the Nutrifare's HomeCater Affiliate Member.

8."Premises" means the premises at the address specified by the Customer on their registration application, as amended from time to time.

9."Products" means the products for sale in Nutrifare's HomeCater Online Shopping.

10."Store Policies" means the store policies of Nutrifare's HomeCater Online Shopping, set out in the section of the same name on Nutrifare's HomeCater Online Shopping.

11."Nutrifare's HomeCater" means Nutrifare Ltd, which is the seller of the Products.

12."Nutrifare's HomeCater Group" means Nutrifare Ltd, its related companies, and directors, officers, employees or agents of Nutrifare Ltd or its related companies.

13."Nutrifare's HomeCater Online Shopping" means this internet site owned by Nutrifare Ltd, being the medium by which Products are offered for sale online by www.menumaker.co.nz to the Customer.

1.2 Use of Nutrifare's HomeCater Online Shopping subject to terms and conditions

Your access to, and use of, Nutrifare's HomeCater Online Shopping is subject to the following terms and conditions. By using Nutrifare's HomeCater Online Shopping you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them. Orders placed through Nutrifare's HomeCater Online Shopping constitute legal offers to purchase, and are capable of being accepted by Nutrifare Ltd without any further reference to the Customer.

1.3 Terms and conditions to prevail

These terms and conditions shall prevail over any other document purporting to have a contractual effect, including the Manufacturing Facility Policies.

1.4 Nutrifare's HomeCater discretion to accept registration

Nutrifare's HomeCater has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever.

1.5 Registration and access costs

No costs are payable to register to use Nutrifare's HomeCater Online Shopping, but Customers are responsible for any costs incurred in using Nutrifare's HomeCater Online Shopping, including any charges imposed by their internet service provider.

1.6 Suspension or termination

Nutrifare's HomeCater may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Products through Nutrifare's HomeCater Online Shopping for any reason whatsoever.

1.7 Customer liable for every order

Customers are liable for every order made under their Login.

1.8 Trading hours

An order submitted by a Customer before 1:00 pm on Anzac Day or at any time on Good Friday, Easter Sunday or Christmas Day shall not be accepted by Nutrifare's HomeCater immediately at checkout but shall be deemed to have been accepted by Nutrifare's HomeCater at 1:05pm on Anzac Day or 12:05 am on the day following Good Friday, Easter Sunday or Christmas Day (as the case may be).

1.9 Trade not supplied

Unless otherwise agreed, Customers may not purchase Products through Nutrifare's HomeCater Online Shopping for the purpose of resale.

1.10 Security of information

Nutrifare's HomeCater shall use its reasonable endeavours to prevent any unauthorised entry into Nutrifare's HomeCater Online Shopping. However, no member of the Nutrifare's HomeCater Group will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.

Why is Nutrifare's HomeCater Online Shopping safe?

Safe technology systems - Nutrifare's HomeCater Online Shopping uses an internationally recognised encryption protocol to encrypt all personal data that you type into our site before it travels across the internet. Once we receive your data it is stored on a secure server behind Nutrifare's HomeCater' firewalls, so that your personal details are not accessible from the internet by any third party.

Safe payment systems - Nutrifare's HomeCater uses "Zipzap Payment Gateway" to securely authorise credit card payments before any charges are made. For further information regarding "Zipzap Payment Gateway" and how it encrypts and processes transactions, please visit www.zipzap.co.nz.

Alternate methods of payment - If you do not wish to use your credit card to pay for orders you place at Nutrifare's HomeCater Online Shopping, you have the option to set up payment by direct debit. The option of using your credit card will remain available to you.

1.11 Site content

While Nutrifare's HomeCater has endeavoured to ensure that the information provided on Nutrifare's HomeCater Online Shopping is free from error, no member of the Nutrifare's HomeCater Group warrants its accuracy, adequacy or completeness, and no member of the Nutrifare's HomeCater Group shall be responsible or liable for any error in, or omission from, the information provided on Nutrifare's HomeCater Online Shopping.

We reserve the right to make changes to the information provided on Nutrifare's HomeCater Online Shopping at any time and without notice.

1.12 Use of the site

The Customer agrees not to use Nutrifare's HomeCater Online Shopping for any purpose that is unlawful or prohibited by these terms and conditions or the terms and conditions that apply to the Affiliate. Customers may download the information on Nutrifare's HomeCater Online Shopping for their own personal use but otherwise neither Nutrifare's HomeCater Online Shopping, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without Nutrifare's HomeCaters' prior written consent. The Customer agrees that it will not interfere with any other party's use and enjoyment of Nutrifare's HomeCater Online Shopping, or damage the operation of Nutrifare's HomeCater Online Shopping, or Nutrifare's HomeCaters' systems or those of other persons who use Nutrifare's HomeCater Online Shopping, whether by way of a virus, corrupted file, any other software or program, or otherwise.

2. PRICE

2.1 Pricing

The Customer shall pay Nutrifare Ltd for the Products ordered at the price displayed at the time the order is submitted. No adjustments are made if the price of any Product ordered increases or decreases between the time the order is submitted and the time when that Product is delivered.

Prices and specials available on Nutrifare's HomeCater Online Shopping may not necessarily be the same as the prices and specials available in Nutrifare's HomeCaters' stores. Any prices and specials available in Nutrifares' Manufacturing Facility will only apply to Products purchased through Nutrifare's HomeCater Online Shopping if those prices or specials are specifically displayed on Nutrifare's HomeCater Online Shopping, and vice versa.

Nutrifare's HomeCater may vary the prices of the Products at any time without notice.


2.2 Currency

The prices of Products are displayed in New Zealand currency.


2.3 Prices inclusive of GST

The prices of the Products are inclusive of GST and any other sales tax.

2.4 Fulfilment fee

In addition to the price of Products ordered, the Customer shall pay Nutrifare's HomeCater a fulfilment fee. This fee covers the costs associated with picking, packing and the delivery of your order. The fee shall be identified and included in the total price at the point of checkout. Nutrifare's HomeCater may change this fee at any time, and may reduce this fee if the Customer collects the Products ordered and this has been previously agreed to by Nutrifare's HomeCater.

For orders in excess of reasonable household quantities (whether in respect of any one Product or the total size of the order), Nutrifare's HomeCater reserves the right to adjust the fulfilment fee to reflect the actual cost of delivery. Whether any order exceeds a reasonable household quantity or not will be determined by Nutrifare's HomeCater in its absolute discretion. If Nutrifare's HomeCater chooses to adjust the fulfilment fee, the Customer will be contacted prior to the order being delivered to confirm acceptance of the revised fee. Deliveries of such orders will not be made unless and until this confirmation is obtained. No member of the Nutrifare's HomeCater Group shall be liable to the Customer for any delivery delays resulting from the need to obtain approval of the revised fee prior to delivery.

2.5 Adjustments to price

The Customer will be notified of any adjustments made to the total price of their order on the invoice which will accompany the purchased Products on delivery.


2.6 Variation of order and price

If the Customer requests a variation to the order under clause 6.1 which Nutrifare's HomeCater accepts then the price payable for the order will be adjusted accordingly to reflect the variation and recorded on the invoice.

2.7 Nutrifare's HomeCater may set credit limits

Nutrifare's HomeCater may from time to time set credit limits for individual Customers.


3. PRODUCT AVAILABILITY, RANGE, SPECIALS AND QUALITY

3.1 Product availability

Every effort will be made to fulfil orders placed with Nutrifare's HomeCater Online Shopping, but no member of the Nutrifare's HomeCater Group shall be liable to any person if Nutrifare's HomeCater is unable to or declines to supply a Product for any reason whatsoever.
Nutrifare's HomeCater reserves the right to limit quantities able to be ordered by, or delivered to, Customers. If a Customer's order is reduced in accordance with this clause, the price payable by the Customer for that order will be adjusted accordingly.
Nutrifare's HomeCater may delay dispatch of orders that exceed reasonable household quantities due to stock availability.

3.2 Product range

Tastbudz reserves the right to limit the range of products available to certain areas.

3.3 Specials

Specials are subject to availability while stocks last. Nutrifare's HomeCater Online Shopping does not allow back orders for specials that are out of stock.

3.4 Product substitution

If Nutrifare's HomeCater is unable to or declines to supply a Product ordered by a Customer, Nutrifare's HomeCater may substitute a similar Product of equal or higher value. In this situation the Customer will only be charged for the substituted Product at the price of the Product originally ordered.
If Nutrifare's HomeCater cannot make a substitution on this basis, Nutrifare's HomeCater may substitute a similar Product with a lower value. In this situation the Customer will be charged the price of the lower value Product, as at the time of receipt of the initial order.
Nutrifare's HomeCater reserves the right to refuse to substitute any particular Product for any reason whatsoever.

3.5 Product quality

If Nutrifare's HomeCater agrees that a Product was delivered to a Customer in a damaged or spoiled condition, Nutrifare's HomeCater shall, at the request of the Customer, provide a credit on your next future purchase to the value of the relevant Product to the Customer (as at the date on which the Product was originally ordered).

3.6 Product labelling information

All products are sold in compliance with the labelling provisions of the Australia New Zealand Food Code. If the product delivered contains labelling information that does not meet with the customer’s requirements (e.g. ingredients, allergens, nutritional information etc.) the customer may return to Nutrifare's HomeCater for a credit on future orders, or replacement product to an equivalent value, upon presentation of the product and accompanying online shopping invoice.

4. PAYMENT

4.1 Method of Payment

Customers must pay Nutrifare's HomeCater for the Products purchased by direct debit or by credit card. Nutrifare's HomeCater Online Shopping does not accept EFTPOS, cash, cheque, voucher or any other form of payment.

4.2 Payment by direct debit

If a Customer chooses to pay by direct debit, he or she must complete and return a direct debit instruction form, available initially at the point of registration, or at any time thereafter by contacting the Customer Care Centre (0800-30-32-32).

Following receipt of a valid direct debit instruction form, Nutrifare's HomeCater will process payment for all future orders placed by the Customer in accordance with that instruction form, unless otherwise instructed by the Customer.

The Customer shall notify the Customer Care Centre (0800-30-32-32) immediately if there is any change to the bank account number which the Customer wishes to use to pay by direct debit.

4.3 Payment by credit card

If a Customer's credit card is declined by its financial institution, delivery of the relevant order will not be made, and Nutrifare's HomeCater will contact the Customer to make alternative payment arrangements.

Nutrifare's HomeCater reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever.

4.4 Adjustments

If a Customer is invoiced an incorrect amount for any Product ordered, Nutrifare's HomeCater shall be paid by, or refund to, the Customer the necessary adjustment amount to reflect the correct amount which should have been invoiced.

4.5 Debt collection

The Customer is liable for all costs associated with debt collection where the Customer defaults in payment for any order.

4.6 Change to payment policy

Nutrifare's HomeCater may change at any time the way in which a Customer pays for Products, and any change will be notified to the Customer prior to the change coming into effect.

4.7 Vouchers

Gift vouchers may be purchased through Nutrifare's HomeCater Online Shopping.

5. DELIVERY

5.1 Delivery areas

The map displaying areas delivered to is indicative of the areas that Nutrifare's HomeCater Online Shopping delivers to.

If a delivery suburb is listed in the registration area, this does not imply that Nutrifare's HomeCater Online Shopping will deliver to all addresses within that suburb.

5.2 Right to withhold delivery

Nutrifare's HomeCater reserves the right to withhold the delivery of any Products to a Customer for any reason whatsoever. Customers will not be charged for Products that have been withheld until those Products are either picked up by the Customer (if Nutrifare's HomeCater permits) or alternative delivery arrangements are made.

5.3 Delivery and liability

Deliveries will be made to the Delivery Point. If the courier brings the Products inside the Premises, beyond the Delivery Point, at the request of the Customer, or other person accepting delivery of the Products on behalf of the Customer, whether on any particular occasion or pursuant to a standing instruction or request, no member of the Nutrifare's HomeCater Group shall be liable for any direct or indirect damage or loss (including in negligence) suffered by the Customer or any third party in doing so. In addition, the Customer indemnifies each member of the Nutrifare's HomeCater Group for any direct or indirect damage or loss (including in negligence) that that member incurs in connection with any third party claim arising out of or in connection with any deliveries brought beyond the Delivery Point.

Nutrifare's HomeCater shall be entitled to assume that any person accepting delivery of the Products is authorised to do so on behalf of the Customer.


5.4 Accessibility and safety

Customers shall ensure that their Delivery Point is easily accessible to Nutrifare's HomeCaters' couriers, and that it is safe for those couriers to enter the Customer's premises in order to complete the delivery. If in the courier's opinion the Delivery Point is not easily accessible, or it is unsafe to deliver the Products, the delivery will not be made, and the Customer will be contacted to make alternative arrangements. Nutrifare's HomeCater reserves the right to charge Customers an additional fulfilment fee in respect of any deliveries repeated in accordance with this clause. If alternative arrangements acceptable to Nutrifare's HomeCater are not reached, the Customer will be deemed to have cancelled the order, and will incur a $20 cancellation fee

5.5 Change of address

The Customer shall notify the Customer Care Centre (0800-30-32-32) immediately of a change to its delivery address.

5.6 Delays to delivery

Notwithstanding any other term, no member of the Nutrifare's HomeCater Group shall be liable for failure to deliver on a timely basis, whether the delay has been due to causes beyond the control of Nutrifare's HomeCater or otherwise. If Nutrifare's HomeCater considers that the delivery of a Customer's order is likely to be substantially delayed, Nutrifare's HomeCater may, but shall not be obliged to, contact the Customer to arrange an alternative delivery timeframe. If that timeframe is unacceptable to the Customer, the Customer may cancel the order, without incurring any fee for doing so.

5.7 Delivery deemed to have taken place

Subject to clause 10.5, if no person is present at the Delivery Point at the time of delivery, or the Customer or any other person fails or refuses to take delivery of the Products, the Products will be left at the Delivery Point and be deemed to have been delivered at that point in time.

5.8 Incorrectly or undelivered Products

If any Product delivered does not correspond with a Product ordered, the Customer may:

(a) keep the incorrectly-delivered Product, in which case no adjustment will be made to the payment due from the Customer for the order containing the incorrect Product; or
(b) reject the incorrectly-delivered Product, in which case Nutrifare's HomeCater will, at the request of the Customer, either replace that Product with the Product that was originally ordered, or refund the value of the Product that was originally ordered (as at the date on which the Product was ordered)

If a Customer chooses to reject an incorrectly-delivered Product in accordance with sub-clause (b), Nutrifare's HomeCater reserves the right to collect the incorrectly-delivered Product from the Customer. If the Customer is unable, or refuses, to deliver up the Product when requested, Nutrifare's HomeCater reserves the right to charge the Customer for that Product.

If a Customer has been charged for a Product that has not been delivered, if the Product is in stock, Nutrifare's HomeCater will, at the request of the Customer, re-deliver that Product at no extra charge to the Customer. Alternatively, the Customer may cancel the order of such Product (or if the Product is out of stock Nutrifare's HomeCater may cancel the order for that Product) (in each case without incurring any cancellation fee), and Nutrifare's HomeCater will refund the value of the relevant Product (as at the date on which the Product was ordered).

This clause does not apply to Products that have been substituted in accordance with clause 3.4.

6. VARIATION/CANCELLATION OF ORDER

6.1 Variation/cancellation of order

The Customer may vary or cancel the order up to the point in time that Nutrifare's HomeCater has commenced packing the order by contacting the Customer Care Centre (0800-30-32-32). If the Customer wishes to cancel the order after the order has been packed, the Customer will incur a $20 cancellation fee.

7. PROPERTY/RISK

7.1 Products

Property and risk in the Products shall pass to the Customer on delivery to the Delivery Point.


7.2 Login
The Customer shall keep their Login details safe and confidential at all times.

8. WARRANTIES

All representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions of merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample are excluded to the fullest extent permitted by law. The Customer acknowledges that the Customer does not rely on any representation or statement made by or on behalf of any member of the Nutrifare's HomeCater Group other than the express provisions of these terms and conditions. The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that no member of the Nutrifare's HomeCater Group assumes any obligation or liability for any advice given, and that all such Products are accepted by the Customer entirely at the Customer's risk.


9. LIABILITY AND INDEMNITY

9.1 Product liability
The liability of the Nutrifare's HomeCater Group whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a Product or any other breach of Nutrifare's HomeCaters' obligations hereunder shall not in any event exceed an amount equivalent to the price of the relevant Product.

9.2 No liability for indirect loss
No member of the Nutrifare's HomeCater Group shall be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to the Customer's use of, or inability to use, Nutrifare's HomeCater Online Shopping, or the delivery or failure to deliver any Products.

9.3 Indemnity
Notwithstanding any other term, the Customer agrees to indemnify each member of the Nutrifare's HomeCater Group against all liabilities,losses, claims and expenses suffered or incurred by that member, and all claims and demands made against any member of the Nutrifare's HomeCater Group, arising directly or indirectly out of the Customer's use of Nutrifare's HomeCater Online Shopping, any breach of these terms and conditions, or the delivery or failure to deliver any Products.

10. SPECIAL PRODUCTS

10.1 Alcohol
If the Customer's order includes any liquor Product, the Customer warrants that he/she is over the age of 18 years and legally entitled to purchase any such Product, and that he/she is not under the influence of alcohol at the time the order is submitted.

10.2 Acceptance of orders containing alcohol

The Customer shall ensure that a person over the age of 18 years, and, in the case of orders containing alcohol, not under the influence of alcohol, is available to accept delivery of any order containing tobacco or alcohol. Nutrifare's HomeCaters' couriers may request the person accepting delivery of the Products to produce satisfactory evidence of their age. If such evidence is not produced, the courier may refuse to deliver the tobacco or alcohol Product ordered. Nutrifare's HomeCater reserves the right to charge Customers an additional fulfilment fee to re-deliver such Products.

If a Customer does not wish for any such Product to be re-delivered:

(a) Nutrifare's HomeCater will refund the value of that Product (as at the date on which the Product was ordered); and
(b) where the order consisted solely of tobacco and/or alcohol Products, Nutrifare's HomeCater reserves the right to charge the Customer a $20 cancellation fee for the cancelled order.

Notwithstanding clause 5.7, if no person is present at the Delivery Point to accept a delivery containing tobacco or alcohol, those tobacco or alcohol Products may not be left at the Delivery Point, and Nutrifare's HomeCater reserves the right to charge Customers an additional fulfilment fee to re-deliver such Products.

If a Customer does not wish for any such Product to be re-delivered:

(a) Nutrifare's HomeCater will refund the value of that Product (as at the date on which the Product was ordered); and
(b) where the order consisted solely of tobacco and/or alcohol Products, Nutrifare's HomeCater reserves the right to charge the Customer a $20 cancellation fee for the cancelled order.


11. INTELLECTUAL PROPERTY
All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to Nutrifare's HomeCater Online Shopping and its contents is owned by, and shall at all times remain the exclusive property of, Nutrifare's HomeCater, its licensors and the providers of any other products and services accessible through Nutrifare's HomeCater Online Shopping, and is protected by New Zealand and international law. Nothing in these terms and conditions shall constitute any licence of
intellectual property rights to the Customer.

12. FORCE MAJEURE
If the performance by Nutrifare's HomeCater 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 (whether similar to the foregoing or not) beyond the reasonable control of Nutrifare's HomeCater) Nutrifare's HomeCater shall be excused from such performance to the extent of such prevention.

13. PRIVACY ACT

13.1 Collection of information
Nutrifare's HomeCater Online Shopping contains applications which collect personal information about the Customer. Nutrifare's HomeCater will only use this information to the extent authorised by the Customer, and will only disclose it in the manner set out below.

In using Nutrifare's HomeCater Online Shopping the Customer authorises Nutrifare's HomeCater to collect, retain and use their personal information for the purposes of:

(a) processing the Customer's registration application;
(b) assessing the Customer's credit-worthiness;
(c) undertaking any dealings or transactions with the Customer;
(d) enforcing any legal or other rights Nutrifare's HomeCater may have against the Customer in any manner that Nutrifare's HomeCater sees fit;
(e) sending the Customer any advertising or promotional material; and
(f) enhancing Nutrifare's HomeCater Online Shopping so that Nutrifare's HomeCater may offer you a better, more personalised and tailored service.

13.2 Collection from other sources
In using Nutrifare's HomeCater Online Shopping the Customer further authorises Nutrifare's HomeCater to collect personal information about the Customer from any other source available to Nutrifare's HomeCater including but not limited to credit referral agencies, the Customer's bank (present and past), any other suppliers of products and services to the Customer and other persons or companies with whom the Customer has been associated.

13.3 Nutrifare's HomeCaters' right to refuse application
If sufficient personal information is not supplied, or is not satisfactory to Nutrifare's HomeCater, then Nutrifare's HomeCater reserves the right to refuse to accept the person's application to register to use Nutrifare's HomeCater Online Shopping.

13.4 Nutrifare's HomeCaters' use of cookies
Nutrifare's HomeCater Online Shopping may use 'cookies'. Cookies are an element of data that the website can send to your browser, which may then store it on your system. To use Nutrifare's HomeCater Online Shopping you do not necessarily need to enable your browser to accept cookies, although some information/services may not be available if you disable your browser not to accept cookies.

13.5 Website Analysis Tools
Nutrifare's HomeCater uses web traffic statistics and counting system to collect information such as the number of visitors per day or the number of pages requested per day. In order for this to occur a small piece of code is placed on each page which counts these statistics.
Emails sent on behalf of Nutrifare's HomeCater Online Shopping to registered shoppers may include code that measures e-mail response and click through activity.

13.6 Information retained by Nutrifare's HomeCater
Any personal information supplied by the Customer may be retained by Nutrifare's HomeCater until such time as the Customer requests that the information be removed.

13.7 Disclosure
Any personal information supplied by the Customer and retained by Nutrifare's HomeCater may be disclosed to other persons or body corporates engaged by Nutrifare's HomeCater for or in relation to any of the purposes listed in clause 13.1 above, including but not limited to:

(a) Nutrifare's HomeCaters' employees.
(b) Research and/or marketing firms.
(c) Credit referral agencies.
(d) Business advisors.

Nutrifare's HomeCater may also disclose aggregated shopper statistics to any party, provided that these statistics do not contain any information about identifiable Customers and their individual shopping habits.

13.8 Storage of personal information

Nutrifare's HomeCater has taken many steps, from both technical and systems perspectives, to ensure that Customers' information is well protected. However it is important that Customers remember to never share their Login with any other person.

While Nutrifare's HomeCater endeavours to keep the Customer's personal information collected on Nutrifare's HomeCater Online Shopping secure and confidential, no member of the Nutrifare's HomeCater Group shall be responsible for any breach of security caused by third parties, nor represents that Nutrifare's HomeCater Online Shopping is completely secure.

13.9 Customer's rights of access

The Customer has the right under the Privacy Act 1993 to access and request to update and/or correct their personal information held by Nutrifare's HomeCater. The Customer agrees to pay Nutrifare's HomeCater the reasonable charges requested by Nutrifare's HomeCater in relation to time and attendances involved in complying with the Customer's request in this regard.

Access to a Customer's personal information held by Nutrifare's HomeCater is available to the Customer in the "Personal Assistant" area of Nutrifare's HomeCater Online Shopping. The Customer can request a change to this information by telephoning a Nutrifare's HomeCater Customer Care Representative on 800-30-32-32.

14. CONSUMER GUARANTEES ACT

The Customer acknowledges that where the Products are ordered for business purposes (as the term "business" is defined in the Consumer Guarantees Act 1993 ("CGA")), the provisions of the CGA shall not apply to the sale of the Products by Nutrifare's HomeCater.

The Customer agrees that nothing in these terms and conditions is intended to have the effect of contracting out of the provisions of the CGA except to the extent permitted by the CGA, and all provisions of these terms and conditions shall be read as modified to the extent necessary to give effect to that intention.

15. ONLINE COMPETITIONS/PROMOTIONS

Nutrifare's HomeCater sometimes undertakes promotions to its customers on this website

Nutrifare's HomeCater’s decision is final in all matters and no correspondence will be entered into. Any prizes are not transferable or redeemable for cash.

Acceptance of the prize is deemed consent for the Nutrifare's HomeCater to use the winners’ details for promotional and media purposes without compensation and copyright will be vested in Nutrifare's HomeCater

Nutrifare's HomeCatere will not be liable for any loss or damage whatsoever (including but not limited to direct or consequential loss) or for any personal injury incurred or sustained as a direct or indirect result of an entrant winning a prize.

The Promoter is Nutrifare's HomeCater - T/A Nuttrifare Ltd, 5 Marjorie Jayne Cres, Otahuhu, Auckland

16. AFFILIATE PROMOTIONS

16.1 Reward points

Nutrifare's HomeCater Affiliate's reward points are able to be earned by shopping through Nutrifare's HomeCater Online Shopping. Please refer to the our Affiliate terms for further information.

17. LINKS TO AND FROM OTHER WEBSITES

17.1 Links to third party websites
Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by the Nutrifare's HomeCater Group. The Nutrifare's HomeCater Group does not monitor the content of any other website and is not liable or responsible in relation to any content on them. For the purposes of this clause a "third party website" is any website other than Nutrifare's HomeCater Online, Menumaker, www.menumaker.co.nz or www.Nutrifare's HomeCater.co.nz or www.nutrifare.co.nz.

17.2 Hyperlinks
The Customer agrees that it will not create a hyperlink to Nutrifare's HomeCater Online Shopping without Nutrifare's HomeCaters' express written permission. If a Customer does create a hyperlink to Nutrifare's HomeCater Online Shopping, that Customer is responsible for all losses any member of the Nutrifare's HomeCater Group may suffer as a result of that link, whether direct or indirect. Linking to Nutrifare's HomeCater Online Shopping is at the Customer's own risk.

18. VARIATION OF TERMS AND CONDITIONS
From time to time Nutrifare's HomeCater may vary these terms and conditions without notice. Please check these terms and conditions periodically for changes. Your continued use of Nutrifare's HomeCater Online Shopping after the terms and conditions have been changed indicates your acceptance of those changes.

19. GOVERNING LAW
New Zealand law governs the use of Nutrifare's HomeCater Online Shopping and these terms and conditions.