Thank you for visiting our Website, using our App, entering any of our promotions and purchasing our Bags and Products. To make it easier for you, we have set out the terms and conditions that apply every time you deal with us below in these Terms. These Terms apply whenever you visit or use our Website or App, whenever you buy any of our Bags or Products or when you sign up to any of our promotions.

By using our Website and App, purchasing our Bags and Products or by entering into any of our promotions, you acknowledge that you have read, understood and accepted these Terms, and agree to be bound by them. We have used defined words (words with capital letters) in these Terms.

These words have special meanings and you can see what they mean at the end of these Terms.

If you want to get in touch with us, please email us at [email protected].

For information on how we collect, use and deal with your personal information, please see our privacy policy at https://www.myfoodbag.co.nz/privacy

By agreeing to these Terms and providing us with your personal information, you also agree to our privacy policy.

For Bags other than Extras and Speciality Bags (unless stated otherwise):

(a) You can choose to have a weekly or fortnightly regular delivery of a Bag or Bags.

(b) Your order constitutes an order for an ongoing and regular purchase and delivery of Bags selected. Your order will continue each week or fortnight (as selected by you), unless you tell us you want to skip or remove the order before midnight on the Monday before your order is due to be delivered. If you have signed up to receive a Bag where you are able to choose your own Recipes each week (for example, the "My Choice" offering) and you fail to select your own choice of Recipes by midnight on the Monday before your order is delivered, a default set of Recipes will be selected for you and you will be obliged to purchase that Bag unless you have chosen to skip that week or to remove an order in accordance with these Terms.

(c) You can choose to skip (for a period of time) or remove (indefinitely) your order.

(d) You can also choose to change a weekly delivery to a fortnightly delivery, and vice versa, before midnight on the Monday before your order is due to be delivered.

(e) The cut off day and time for ordering, skipping or removing an order is on the last Monday at 24:00 hours (midnight) before the relevant Delivery Date.

(f) The cut off day and time for changing delivery point and dates is on Tuesday at 7:00pm the week before the relevant Delivery Date.

(g) Deliveries are made on a Saturday, Sunday or Monday during the selected upcoming delivery time slot, unless the Delivery Date falls on a public holiday. If the Delivery Date falls on a public holiday, we may need to deliver to you on a different day. If that will happen, we will let you know in advance.

(h) You are able to select which day and time slot you would like to receive your delivery based on what is available in your delivery area. Please see sections 18-23 below for more information on deliveries.

(i) Where you have skipped or removed your order, and we contact you via our Text Messaging Service, you are able to reinstate your deliveries through the use of our Text Messaging Service. Use of this Service will recommence your subscription to My Food Bag subject to these Terms.

(j) Please be aware that Bags (including Extras and Speciality Bags) do not generally include staple ingredients (which includes ingredients such as salt, oil, butter, flour, sugar, soy sauce, fish oil and eggs). We will try to let you know before each Delivery Date which staple ingredients are required in order to prepare the relevant Recipes. The Recipes will also include details of the staple ingredients required but which are not included in the Bag. This information is also available on our App.

(k) My Food Bag reserves the right to charge the Customer a reasonable cancellation fee for any cancelled order, including any Bag, Extra or Speciality Bag. For clarity, this cancellation fee does not apply in circumstances where the Customer has chosen to skip (for a period of time) or remove (indefinitely) an order in accordance with these Terms.

For Extras:

(a) You can only choose an Extra that is associated with an order for delivery of a Bag or Bags that you have also ordered. Please see our Website or App for details on what Extras we currently offer, which are subject to change.

(b) Some Extras are purchased as a "one off" add-on to your Bag whereas other Extras, once selected, will continue to be added as a recurring purchase with every delivery of an associated Bag you order. Whether an Extra is a one-off or a recurring purchase will be indicated on the Website when you first select the Extra and when you review your subscription.

(c) You can choose to remove your order for an Extra or Extras independently of your associated order for a Bag or Bags before midnight on the Monday before your order is delivered.

(d) Your order for an Extra or Extras will be removed automatically if you remove the associated order for a Bag or Bags.

(e) Your order for any recurring Extra or Extras will skip if you choose to skip your associated order of a Bag or Bags (for the same period as you skip the order for a Bag or Bags).

(f) The cut off day and time for ordering or skipping or removing an order for an Extra (as the case may be) is the same as for the associated Bag.

(g) The cut off day and time for changing delivery point and dates for delivery of an Extra is the same as for the associated Bag. Deliveries of Extras are made at the same time as delivery of the associated Bag or Bags.

SPECIALTY BOXES – My Food Bag & Bargain Box Christmas Boxes

(a) The My Food Bag & Bargain Box Christmas Boxes (each a Christmas Box) are one-off orders. When you purchase a Christmas Box, you will not be signed up to any of our subscription services (but if you separately subscribe to one of our regular meal kits, that subscription will continue in the usual way including over the Christmas period unless you choose to cancel the subscription or pause deliveries in accordance with our terms).

(b) Payment for each Christmas Box is due and will be invoiced and deducted (or as the case may be, debited) from your credit or debit card at the time of the order.

(c) By ordering a Christmas Box, you agree to receive it. Once we have processed your order and received payment, you are not able to cancel your Christmas Box or require a refund.

(d) My Food Bag vouchers and credits can be used to buy Christmas Boxes, however My Food Bag promo codes cannot be applied to any Christmas Boxes.

(e) While you cannot cancel your order, you may be permitted to change your delivery address to a new address within our delivery zone. The cut-off time for changing your address will be communicated by us and is subject to stock availability in the relevant area. Delivery address changes can only be made within the North Island (if you are a North Island customer) or within the South Island (if you are a South Island customer) due to delivery slot capacity.

(f) For any changes to your delivery of a Christmas Box (day/window or any other delivery instructions) please contact My Food Bag before the cut-off time communicated by us. We will do our best to accommodate your reasonable requests.

(g) Our Christmas Boxes are only available for purchase during the relevant dates communicated by us (and while stocks last). These dates are subject to change.

(h) If you already subscribed to any of our other services (e.g. a regular meal kit subscription), your subscription will not be affected by the order of a Christmas Box and will continue over the Christmas period, unless you choose to cancel the subscription or pause deliveries in accordance with our terms.

My Food Bag may, at its absolute discretion:

(a) refuse to accept an order;

(b) cancel an order for any reason whatsoever. There will be no charge where we cancel an order, unless you have breached these Terms; and

(c) suspend or terminate the ability of any Customer to order through the Website or App for any reason whatsoever.

Where we need to refuse to accept an order or cancel an order, we will let you know as soon as possible. We will refund you for any cancelled order where we have chosen to cancel the order, as long as you have not breached these Terms.

You are liable for every order made under your Login that has not been removed or skipped pursuant to the Ordering Rules.

Unless otherwise agreed, you may not purchase Bags or any Products through the Website or App for the purpose of resale.

The prices are per Bag and are listed on the Website or App. The prices of the Bags 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.

My Food Bag reserves the right to change our prices from time to time. We will notify you of a price increase by e-mail as early as we can and at least eight days before the delivery date for an affected Bag.

My Food Bag will invoice you via email following payment.

When an order for your first Bag or Bags is placed, a verification payment for the order total will be deducted or debited from your credit or debit card. The verification payment will be refunded to your credit or debit card, however, bank processing times can vary and the payment may take up to ten days to be refunded.

Generally, payment for your first Bag or Bags is due, and will be invoiced and deducted (or as the case may be, debited) from your credit or debit card, in the next scheduled billing run in the week before your selected Delivery Date. This can occur on any day. However, if you order your first Bag or Bags after midnight on the Monday before your first Delivery Date, you'll instead be charged for your first Bag or Bags at the time your order is made.

Payment for a subsequent Bag or Bags is due, and will be invoiced and deducted (or as the case may be, debited) from your credit or debit card, one week before the Delivery Date. The name that will appear on your card statement will be My Food Bag Limited. Payment for Extras (including any items purchased from the Kitchen) will be invoiced and deducted at the same time as the Bag it has been added to and associated with.

As our Specialty Bags are one-off and do not involve ongoing and regular purchases, payment for your Specialty Bags is due, and will be invoiced and deducted (or as the case may be, debited) from your credit or debit card, immediately following placing your order with us. Your Specialty Bag order is locked and cannot be cancelled.

You must pay My Food Bag for the Bags purchased by credit or debit card. The Website and App do not accept any other form of payment.

If your credit or debit card is declined or payment otherwise fails to be processed for an order for any reason, My Food Bag may contact you to make alternative payment arrangements and/or, in its discretion, choose not to accept and deliver the relevant order.

If payment has been unsuccessful, My Food Bag will try and deduct payment from your credit or debit card again prior to the Delivery Date and/or after. This is usually done on every day of the week in the lead up to the Delivery Date and may also be on a weekly basis after the Delivery Date for any remaining unpaid deliveries. This timing is subject to change and additional attempts to deduct payment may be made. If payment remains outstanding, My Food Bag may at any time seek to contact you to make alternative payment arrangements and/or, in its discretion, decline to accept and deliver the relevant order (if it has not already been delivered) and suspend future orders.

My Food Bag reserves the right to refuse to accept payment from any particular Customer by credit or debit card for any reason, including in circumstances of suspected fraud.

It is possible that an error could be included on an invoice or on our Website or App. If you become aware of this, please let us know. If you are overcharged for any Bag ordered, My Food Bag will refund you the necessary adjustment amount to reflect the correct amount that should have been invoiced. We will refund you at your option by either crediting your credit or debit card, or alternatively by crediting your account balance in your online account. Any credit applied to your account is non-transferable, expires 12 after 12 months of issue and cannot be exchanged or refunded for cash.

If you are undercharged, we will let you know and you will have to pay the amount owing.

If you owe us any money on your account, you acknowledge that we may pursue and attempt to collect that outstanding amount from you, and we may contact you for this purpose. If we are unable to collect this outstanding amount from you, we may refer the debt to an external debt collection agency. You are liable for all reasonable costs incurred by My Food Bag associated with debt collection where you default in payment for any order.

My Food Bag does not collect or hold customer payment card information. All payment card collection, storage and transactions are performed by our secure PCI compliant 3rd party payment gateway Windcave. At no time are full customer card details viewable by either My Food Bag or any other party.

We will never ask for credit card details as part of any type of communication we send. This includes email, text and push notification.

For more information, please see our privacy policy ( https://www.myfoodbag.co.nz/privacy )

My Food Bag will make every effort to fulfil orders placed with the Website or App. However, subject to any rights you have under the CGA, we will not be liable to any person if we are unable, or decline, to supply a Bag or Product for any reason whatsoever, other than to refund the amounts paid in respect of the Bag or Product.

We reserve the right to:

(a) limit quantities able to be ordered by Customers; or

(b) limit quantities able to be delivered to Customers. If a Customer's order is reduced in accordance with this clause, the price payable by you for that order will be adjusted or you may be refunded; or

(c) alter Recipes or ingredients due to product quality or stock availability.

My Food Bag will make every effort to include the Recipes you select and the ingredients originally intended to be used in those Recipes. However, from time to time, we may have to supply an alternative Recipe or ingredient as a result of product quality or stock availability.

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 My Food Bag agrees that a Product was delivered to you in a damaged or spoiled condition, My Food Bag will, subject to any rights you have under the CGA, either:

(a) credit the value of the relevant Product to you or (if we can) send a replacement Product to you by courier; or

(b) provide you with a refund.

We will credit or refund you by either crediting the credit or debit card that was used to place the order or, alternatively, crediting your account balance in your online account. Any credit applied to your account is non-transferable and cannot be exchanged or refunded for cash.

All Products supplied will be labelled with a ‘best before’ day or date. Please check all best before dates on arrival and consume before this date. Most seafood, poultry and meat Products can be frozen, unless labelled otherwise. Some Recipes have a note on the front, indicating that the Recipe is best enjoyed earlier in the week. If you prefer to cook more Recipes later in the week, just check the expiration date of your Products and freeze any bread and proteins to enjoy later. Seafood recipes are best eaten first, followed by chicken, then pork, then red meat.

Cook times are based on the results of Recipe tests conducted by our Recipe testers in the My Food Bag Development Kitchen. Preparation and Ready In times are indicative only and individual Customer results may vary.

We’d like you to know all of our nutrition information provided is an approximation. This is based off purchased ingredients and volumes combined with the most common household ingredient brands, using recipe volumes. All information is calculated as accurately as possible.

Please refer to My Food Bag's delivery information pages for confirmation of where My Food Bag delivers to. As part of the My Food Bag ordering and registration process, you will be immediately advised if we are able to deliver to your address. 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.

If a delivery suburb or postcode is included in the registration area, this does not imply that My Food Bag will deliver to all addresses within that suburb or postcode.

My Food Bag may from time to time change the areas to which it delivers. We do not guarantee that delivery to your area will always be available or that every possible Delivery Date or delivery timeframe will be offered to you based on your requested delivery address.

Deliveries will, subject to these terms and conditions, be made to the Delivery Point on the Delivery Date.

My Food Bag shall be entitled to commission third parties to make delivery.

If My Food Bag brings the Bag inside the Premises, beyond the Delivery Point, at your request, or other person accepting delivery of the Bag on your behalf, whether on any particular occasion or pursuant to a standing instruction or request, My Food Bag will, subject to any liability arising at law which cannot be excluded including under the CGA and FTA, not be liable for any direct or indirect damage or loss (including in negligence) suffered by you or any third party in doing so.

My Food Bag shall be entitled to assume that any person accepting delivery of the Products is either the Customer or someone that is authorised to do so on behalf of the Customer.

You must ensure that your Delivery Point is easily accessible to My Food Bag's 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 reasonable opinion, the Delivery Point is not easily accessible, or it is unsafe to deliver the Products, you will be contacted to make alternative arrangements. We reserve the right to charge you an additional fee in respect of My Food Bag's costs incurred in relation to any deliveries repeated in accordance with this clause.

If, despite our reasonable efforts, we cannot agree an alternative arrangement for delivery with you, we will be relieved of our obligation to deliver the Bag but you will be liable for payment for it in full as if you had received the Bag.

In the situation where it is safe to complete delivery but there is no person present at the Delivery Point at the time of delivery, or you or any other person fails or refuses to take delivery of the Bag, the Bag 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 ingredients. Our chilled meal ingredients are packaged in thermal packaging which is designed to keep items chilled for the duration of the delivery. Please be aware that, depending on the season and temperature at the time of delivery, we recommend unpacking your items as soon as possible to maintain freshness. Advance planning may be required by you to ensure proper storage of your meal ingredients prior to consumption. In the situation where you, as the Customer, have provided written delivery instructions via the “Account Details - Delivery Instructions” section of the Website or App, we will endeavour to deliver the Bag(s) in accordance with these instructions. Where sensitive information is provided e.g. gate entrance codes, we endeavour to keep this information safe and only disclose it to those who require it for delivery purposes.

You must notify My Food Bag immediately of a change to your delivery address. You can alter the Delivery Point and Premises at any time by calling our Customer Love team until 5pm on Tuesday evening the week before the day for delivery of a Bag; or through your online account up to 7pm on Tuesday evening the week before the day for delivery of a Bag. The address for an upcoming delivery can only be changed within the North Island or within the South Island as all our produce is sourced locally.

My Food Bag always aims to deliver on time but may from time to time be delayed.

If My Food Bag becomes aware that the delivery of your order is likely to be substantially delayed, My Food Bag will contact you (via phone, text, email or your online account) to arrange an alternative delivery timeframe. If that timeframe is unacceptable to you, you may decline to accept the order and My Food Bag will either refund you or credit you with the cost of that Bag or Bags (or other Products). We will credit you by either crediting the credit or debit card that was used to place the order, or alternatively crediting your account balance in your online account. Any credit applied to your account is non-transferable and cannot be exchanged or refunded for cash.

If any Product or Bag delivered does not correspond with a Product or Bag ordered, you can:

(a) keep the incorrectly-delivered Product or Bag, in which case no adjustment will be made to the payment due from you for the order containing the incorrect Product or Bag; or

(b) in the case of an incorrectly delivered Product, reject the incorrectly-delivered Product, in which case, My Food Bag will refund the value of the Product that was originally ordered; or

(c) in the case of an incorrectly delivered Bag, My Food Bag will either replace that Bag within a reasonable time (if we can) or refund the value of the Bag that was originally ordered.

We will refund you by either crediting the credit or debit card that was used to place the order, or alternatively crediting your account balance in your online account. Any credit applied to your account is non-transferable and cannot be exchanged or refunded for cash.

If you choose to reject an incorrectly-delivered Bag in accordance with sub-clause (c) above, My Food Bag reserves the right to collect the incorrectly-delivered Bag from you. If you are unable, or refuse, to deliver up the Bag when requested, or deliver the Bag in a different state (e.g., with some Products missing or partially consumed) than the state in which it was delivered to you, My Food Bag reserves the right to charge you for part or all of that Bag.

Nothing in this clause affects your rights under the CGA.

Ownership, responsibility and risk in the Products shall pass to the Customer on delivery to the Delivery Point.

You have statutory rights under the CGA and FTA that are not affected by these Terms.

Subject to your rights under the CGA and FTA, 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 are excluded to the fullest extent permitted by law.

You must ensure that the Products are not used for any purpose for which they are not suitable and you are responsible for using all necessary skill and care in handling and using the Products. You expressly acknowledge that all such Products are accepted by you entirely at your risk.

Except where we specifically and expressly advise you otherwise (e.g., in the case of our Gluten Free Bags), the Bags are not designed to cater for any specific dietary requirements, including allergies or cultural or religious dietary requirements.

We clearly provide allergen information by ingredient that complies with current Plain English Allergen Labelling requirements to enable informed decision-making around recipe and Product suitability.

When we use the term “Gluten Free” this means that we have actively taken steps and exercised due diligence to ensure products supplied under this claim meet the definition of Gluten Free according to the Food Standards Code ANZ.

You must take care and have all responsibility for checking ingredients in Bags for dietary suitability before consumption.

My Food Bag’s liability to you under the CGA and FTA cannot be excluded or limited in any way. Subject to your rights under the CGA and FTA:

• The liability of My Food Bag whether in contract, tort (including negligence) or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of a Product or Bag or any breach of these Terms shall not in any event exceed an amount equivalent to the price of the relevant Product or Bag.

• My Food Bag shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to your use of, or inability to use, the Website, App or your use of, or the delivery or failure to deliver, any Products or Bags.

If any of these Terms are deemed invalid, void, or for any reason unenforceable, that Term shall be deemed severable and shall not affect the validity and enforceability of any remaining Terms.

All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the Website or App and their contents and all Recipes are owned by, and shall at all times remain the exclusive property of, My Food Bag, its licensors and the providers of any other products and services accessible through the Website or App. This Intellectual Property is protected by New Zealand and international law.

If the performance by My Food Bag of its obligations under these Terms (including, for clarity, the fulfilment of an order made by a Customer) is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, pandemic, 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 My Food Bag), My Food Bag shall be excused from such performance to the extent of such prevention.

Either party may terminate this Agreement immediately on notice to the other if the other:

(a) being a Company:

• goes into liquidation (otherwise than for the purpose of a reconstruction approved by the Company); or
• has a receiver or statutory manager appointed; or
• goes into voluntary administration; or

(b) being a natural person:

• dies; or
• commits any act of bankruptcy; or
• commits any criminal offence punishable by imprisonment; or
• fails to pay an amount due under this Agreement within 7 days of the due date; or
• breaches any of these Terms and, where the breach is capable of remedy, fails to remedy the breach within a reasonable time of receipt of notice to remedy.

You can choose to skip an order at any time in accordance with these Terms or otherwise elect to remove (or "terminate") an order altogether by notifying us via your online account. The cut off day and time for skipping or removing an order is on the Monday at 2400 hours (midnight) before the relevant Delivery Date.

Termination of this Agreement (including by the removal of an order) does not relieve the parties from liability under this Agreement up to the time of termination (or removal), nor does it relieve either party of any obligation to pay any money owed by it to the other party on any account whatsoever. You agree that we can continue to market our products and services to you after termination unless you advise us that you do not wish to receive any further material from us.

If orders are not paid for in full or a Customer's bank declines payment on a Customer's credit or debit card and as a result money is owing to My Food Bag, then My Food Bag reserves the right to suspend the Customer's ability to place further orders on the Website or App until such time as the outstanding balance has been paid in full, including any collection fees.

My Food Bag's failure to insist upon or enforce strict compliance with these Terms will not constitute a waiver of any of our rights.

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 My Food Bag. My Food Bag 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 the Website.

My Food Bag shall use its reasonable endeavours to prevent any unauthorised entry into the Website or App. However, My Food Bag will not be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.

You must keep your Login details safe and confidential at all times. You must not permit any unauthorised person to use your Login details or otherwise gain access to your account.

You agree not to use the Website or App for any purpose that is unlawful or prohibited by these Terms. You may download the information on the Website or App for your own personal use but otherwise neither the Website nor App, nor any material on them, may be altered, modified, reproduced, transmitted or distributed without My Food Bag's prior written consent.

You agree that you will not interfere with any other party's use and enjoyment of the Website or App, or damage the operation of the Website or App, or My Food Bag's systems or those of other persons who use the Website or App, whether by way of a virus, corrupted file, any other software or program, or otherwise.

(a) Gift vouchers may be purchased online from anywhere in the world, but we can only deliver Bags and Products to addresses within New Zealand that we service (so you need to be certain that your intended recipient is within an area that we service when purchasing a My Food Bag gift voucher).

(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.

(a) Only My Food Bag gift vouchers can be redeemed on the Website or App.

(b) Go to the “Gift Voucher” tab on the Website or App, enter the voucher number and then follow the instructions to complete your purchase(s).

(a) My Food Bag gift vouchers can only be purchased online via the Website or App.

(b) Gift vouchers can be partially redeemed. The un-used balance is non-refundable where you are not an ongoing My Food Bag Customer. If you are an ongoing My Food Bag Customer, the un-used balance will be credited to your account.

(c) The minimum gift voucher amount is $20 and the maximum gift voucher amount is $1000.

(d) Where you are giving a gift voucher to an existing My Food Bag Customer, or if the gift voucher recipient chooses to subscribe to My Food Bag on redemption, the amount of the voucher will be applied as a credit to their account or they can choose to purchase additional Products.

(e) All gift vouchers expire 12 months from date of purchase.

(f) A gift voucher cannot be reloaded, and unused balances at the expiry date will not be refunded.

(g) My Food Bag is not responsible if a gift voucher is used without permission.

(h) Gift vouchers will not be refunded or replaced.

(i) Gift voucher value cannot be redeemed for cash or credited to a bank account.

(j) These Terms will apply to all purchases of Bags or Products using a gift voucher.

(k) Any credit from a partially redeemed gift voucher applied to your account will be valid for the same period as the original gift voucher, 12 months from the date of purchase. The credit is non-transferable and cannot be exchanged or refunded for cash.

From time to time we may vary these Terms. My Food Bag will notify you of any changes at least eight days before the Delivery Date of your next order. We may notify you by posting the updated Terms on our Website or App. Please check these Terms periodically for changes. Your continued use of the Website or App after the Terms have been changed indicates your acceptance of those changes.

You can give us notice under these Terms via the "My Account" section on the Website or the App.

We will give you notice by phoning, emailing and/or texting you.

New Zealand law governs the use of the Website, App and these Terms.

"App" means the My Food Bag mobile application.

"Agreement" means the agreement made when we accept an order from you to purchase Bags, the terms of which are set out in your order and these Terms.

"Bag" means a delivery of Recipes along with food ingredients necessary for the relevant Recipes, which are able to be ordered via the Website and includes Extras and Speciality Bags. Our Bags also include the boxes in which they are delivered.

"CGA" means the Consumer Guarantees Act 1993.

"Customer", "you" and "your" means you and any other person who registers, and/or orders a Bag, under your Login.

"Delivery Date" means, subject to these terms and conditions, a Saturday, Sunday or Monday.

"Delivery Point" means an outside area of the Premises, such as your front door, or any particular outside area specified by you in making an order via the Website. If the Premises are a multi-level building, the Delivery Point shall be located on the ground floor of the building.

"Extra" means Extra products, combinations of products or services which are from time to time offered by My Food Bag as complimentary, or add-ons to a Bag, including any items purchased from the Kitchen.

"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, whether registered or unregistered, including (without limitation) copyright in the Recipes.

"Login" means your personal email address and password used to access the Website under your registration.

"My Food Bag" "we" and "our" means My Food Bag Limited, which is the seller of the Products and the Bags and the owner of the Intellectual Property and includes its related companies, directors, officers, employees or agents.

"Ordering Rules" means the rules set out in clause 2 as updated and/or amended from time to time.

"Premises" means the premises at the address specified by you on your registration application, as amended from time to time.

"Products" means the produce, meat and fish and any other products from time to time included in Bags, and sold via the Website, including any extras.

"Recipe" and "Recipes" means the recipes from time to time designed by My Food Bag and enclosed with each Bag.

Speciality Bags" means one off speciality deliveries of Recipes along with food ingredients necessary for the relevant Recipes (e.g., a one off Christmas bag or a late one-off sale that is outside the standard subscription period), which are from time to time offered by My Food Bag and able to be ordered via the Website or App.

"Terms" means these terms and conditions.

"Text Messaging Service" means the text messaging service provided by My Food Bag, which enables Customers to resume delivery of their Bag by responding to a text message sent by My Food Bag within a specified time period.

"Website" means this internet site and the My Food Bag app owned by My Food Bag, being the medium by which you subscribe to receive Bags.

1. All purchases from the My Food Bag Shop are one-off orders. When you purchase a product from the My Food Bag Shop, you will not be signed up to any of our subscription services (but if you separately subscribe to one of our regular meal kits, that subscription will continue in the usual way unless you choose to cancel the subscription or pause deliveries in accordance with our terms).
2. Payment for products ordered from the My Food Bag Shop is due and will be invoiced and deducted (or as the case may be, debited) from your credit or debit card at the time of the order.
3. By ordering a product from the My Food Bag Shop, you agree to receive it. Once we have processed your order and received payment, you are not able to cancel your order from the My Food Bag Shop or require a refund.
4. No credits, vouchers or promo codes created, held or intended for use in our regular meal kit subscription service are transferable to or able to be used to purchase items from the My Food Bag Shop.
5. While you cannot cancel your order, you can request changes and we will do our best to accommodate your reasonable requests. However, please be aware any changes requested to be made to your original order will be at our sole discretion and may depend on stock and delivery availability and whether we have begun fulfilling your order.
6. Where you are ordering products from the My Food Bag Shop for another person, you authorise us to deliver it to that other person (as requested by you at the time of ordering).
7. If you already subscribed to any of our other services (e.g. a regular meal kit subscription), your subscription will not be affected by the order of products from the My Food Bag Shop.
8. Our usual terms and conditions, including in relation to product quality and delivery issues, apply to orders of products from the My Food Bag Shop.

Current Clause 15.

15. 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 My Food Bag agrees that a Product was delivered to you in a damaged or spoiled condition, My Food Bag will, subject to any rights you have under the CGA, either:

(a) credit the value of the relevant Product to you or (if we can) send a replacement Product to you by courier; or (b) provide you with a refund.

We will credit or refund you by either crediting the credit or debit card that was used to place the order or, alternatively, crediting your account balance in your online account. Any credit applied to your account is non-transferable and cannot be exchanged or refunded for cash.

All Products supplied will be labelled with a ‘best before’ day or date. Please check all best before dates on arrival and consume before this date. Most seafood, poultry and meat Products can be frozen, unless labelled otherwise. Some Recipes have a note on the front, indicating that the Recipe is best enjoyed earlier in the week. If you prefer to cook more Recipes later in the week, just check the expiration date of your Products and freeze any bread and proteins to enjoy later. Seafood recipes are best eaten first, followed by chicken, then pork, then red meat.

Current clause 23.

23. INCORRECTLY OR UNDELIVERED PRODUCTS

If any Product or Bag delivered does not correspond with a Product or Bag ordered, you can:

(a) keep the incorrectly-delivered Product or Bag, in which case no adjustment will be made to the payment due from you for the order containing the incorrect Product or Bag; or (b) in the case of an incorrectly delivered Product, reject the incorrectly-delivered Product, in which case, My Food Bag will refund the value of the Product that was originally ordered; or (c) in the case of an incorrectly delivered Bag, My Food Bag will either replace that Bag within a reasonable time (if we can) or refund the value of the Bag that was originally ordered.

We will refund you by either crediting the credit or debit card that was used to place the order, or alternatively crediting your account balance in your online account. Any credit applied to your account is non-transferable and cannot be exchanged or refunded for cash.

If you choose to reject an incorrectly-delivered Bag in accordance with sub-clause (c) above, My Food Bag reserves the right to collect the incorrectly-delivered Bag from you. If you are unable, or refuse, to deliver up the Bag when requested, or deliver the Bag in a different state (e.g., with some Products missing or partially consumed) than the state in which it was delivered to you, My Food Bag reserves the right to charge you for part or all of that Bag.

Nothing in this clause affects your rights under the CGA.

The Promoter" is My Food Bag Limited, 56 Parnell Road, Auckland.

"Promotional Period" means from 9.00am, Wednesday 1st March 2023 until 11.59pm, Monday 2nd June 2025. "Friend" means an individual that (a) is a friend, acquaintance or family member of the Referrer; and (b) is not currently and has never been a customer of the Promoter nor participated in any other offer or promotion offered by The Promoter. Therefore, the individual must: be a first-time purchaser of My Food Bag; and never have had any active subscriptions with My Food Bag.

To be eligible for $20 off, the existing My Food Bag Customer ("Referrer") must share their Refer a Friend promotional code in the Promotional Period to the Friend. Once a Friend signs up and orders a bag or bags using the Referrer’s Refer a Friend promotional code in the Promotional Period, the Friend will receive 50% off their first My Food Bag purchase, and the Referrer will have a $20 credit applied to their account. The 50% discount applies to primary product only and does not include kitchen or additional costs such as Gourmet Upsell. The Referrer will receive a $20 credit for each Friend that signs up and orders a bag or bags. One Refer a Friend Credit can be used per delivery, therefore in the event that a Referrer has multiple Refer a Friend Credits those Credits will be applied separately against subsequent deliveries in the order that they were accumulated. The value of each credit will be determined by the Promotional Period in which the credit was received. All Fresh Start Referrals between 20th August to 30th September will get an extra $20 credit manually added to their account. Refer a Friend promotional codes may expire prior to a Referrer's Friend's use.

Sending more than one Refer a Friend promotion code to the same household or to the Referrer’s household is not permitted. The Referrer and the Friend will not be eligible for the Promotion if the Referrer and the Friend reside at the same residential address or arrange to have the My Food Bag product delivered to the same delivery address. A Friend cannot use a Refer a Friend promotional code together with any other promotional code on their first My Food Bag purchase. In the event that a Friend uses a Gift Voucher, and a Refer a Friend promotional code that results in a total sum that is greater than the value of the My Food Bag the Friend has selected, their account will go into credit, and the credit will be applied to their next purchase. Each $20 credit will be valid for up to twelve (12) calendar months after the termination or expiry of the Promotion, is non-transferable and cannot be exchanged or refunded for cash.

Subject to any rights of the Referrer or Friend under New Zealand law, The Promoter may cancel, terminate, modify or suspend the Promotion or these Terms and Conditions at any time and for any reason before the end of the Promotional Period and shall not be liable to any entrant, Friend or Referrer for any loss or damage incurred as a result. Any Referrer and Friend that have met the conditions of the Promotion before this termination date shall still be eligible for the Promotion. The Promoter reserves the right to withhold or deduct credits obtained using Refer a Friend promotional codes by the Referrer in the event that The Promoter determines or reasonably believes that the use or redemption of the Refer a Friend promotional code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms. Refer a Friend promotional codes must only be circulated to the intended audience (friends and family), and in a lawful manner; and may not be duplicated, sold or transferred in any manner, or made available to the public (whether posted to a public forum or otherwise), unless expressly permitted by The Promoter. By using the Refer a Friend promotional code the Referrer and Friend agree that they are wholly subject to these Terms & Conditions.

1. My Food Bag may provide the public with codes for discounted bags and/or similar promotions (“promotion codes”). In the event that a promotion code does not have its own Terms and Conditions, these Terms and Conditions shall prevail.
2. Promotion codes will be targeted to limited users. To utilise promotion codes, users must meet the intended user criteria specified by My Food Bag and then either create or already have an existing account set up on the My Food Bag website (depending on the promotion code criteria). The promotion code is entered into the user’s subscription details to redeem. The promotion code will be applied against the GST inclusive amount payable for the user’s delivery once an order is made. A customer can only use one promotion code per order.
3. A promotion code may only be used once and may not be copied, reproduced, distributed, or published either directly or indirectly in any form or stored in data retrieval systems without our prior written approval.
4. My Food Bag may cancel, terminate, modify or suspend the promotion code or these Terms and Conditions at any time and for any reason and shall not be liable for any loss or damage incurred as a result.
5. My Food Bag reserves the right to withhold or deduct credits obtained using a promotion code in the event that My Food Bag determines or believes that the use or redemption of the promotion code was in error, fraudulent, illegal, or in violation of the applicable promotion code terms or these Terms.
6. Promotion codes must only be circulated to the intended audience, and in a lawful manner; and may not be duplicated, sold or transferred in any manner, or made available to the public (whether posted to a public forum or otherwise), unless expressly permitted by The Promotor.
7. Promo codes cannot be used on any Christmas Bag purchases.
8. By using a promotion code the user agrees that they are wholly subject to these Terms & Conditions.
9. Promo codes specific to first-time orders can only be used by customers who have never bought a My Food Bag, Bargain Box, Fresh Start or MADE delivery before. This includes '40% off your first order' promotions.
10. A promotion code cannot be used on, and will not be applied towards, any Extras (including any item purchased from the Kitchen) or Speciality Bags, unless specifically stated otherwise. This includes '40% off your first order' promotions, which only be applied to the underlying core meal kit ordered for the first time as part of a Bag.

If used a promo code that applies a percentage-based discount is used in conjunction with a refer-a-friend discount, the amount of that refer-a-friend discount will be deducted from the total cost before applying the percentage off promotion using the promo code.

Unless otherwise specified, all products sold directly to customers at our My Food Bag Outlet cannot be refunded or credited. While best endeavours are made to ensure the boxes sold are in good condition, from time to time ingredients may be missing or damaged and the discounted price offered takes this into account. All sales are final.

1. Garden to Table has entered into a contractual arrangement with MytFood Bag. This arrangement enables My Food Bag to collect fundraising donations made on My Food Bag's website on Garden to Table's behalf.
2. My Food Bag cannot collect donations without Garden to Table's permission.

1. My Food Bag makes no representations or warranties in relation to the use by Garden to Table of funds raised on My Food Bag's website or the services provided.
2. Garden to Table makes no representations or warranties in relation to the specific use of funds raised, other than in circumstances where Garden to Table has expressly stated that funds raised will be applied to a particular project or appeal.

1. My Food Bag does not receive payment or take a service fee for the collection donations to Garden to Table.
2. MFB will cover any merchant fee charges paid in connection with donations to Garden to Table through My Food Bag's website (meaning that the full amount you pay will go to Garden to Table).

1. All donations to Garden to Table are GST exempt.

1. Receipts can be provided for each tax year on request.

1. My Food Bag takes privacy seriously. My Food Bag will only pass on your personal information to Garden to Table if you request a donation receipt and/or an annual tax certificate.

1. All donations to Garden to Table are non-refundable and non-transferable. This is unless My Food Bag, in its sole discretion, directs otherwise which will only occur in exceptional circumstances.

We care about our responsibility to our community. These are our policies to ensure all of the products we offer are promoted in a safe, responsible way:

a. We are committed to encouraging the responsible sale and supply of alcohol and 0% alcohol products. b. We actively promote safe and responsible drinking – with the purpose of enjoying each mouthful as paired with our meal kits, we will promote the experience and quality over quantity. c. We are committed to providing a range of low and no alcohol beverages to meet all of our customers needs. d. Alcohol products are not available to order on their own via our website. e. All products that contain alcohol including 0% alcohol beverages will be clearly labelled 18+.

Bargain Box Spend & Save programme

THE PROMOTION

1.1 The promoter is My Food Bag Limited, 56 Parnell Road, Auckland ("Promoter" or "MFB").

1.2 The Promotion commences at 12.00am NZST on 8th of May 2024 and applies to eligible Bargain Box deliveries that are delivered between the dates of 19th of May and 29th December 2024 (the "Promotion Period"). Deliveries must be taken within a concurrent 20 week period. Please note that there is a size limit on the total number of customers that will be able to opt into this Promotion, which limit has been set by My Food Bag, and access to the Promotion is expected to close at the time at which the size limit is reached. Access to the Promotion for eligible entrants, including for an entrant's preferred choice of available of Gifts, is on a first come, first served basis.

1.3 To be eligible for the Promotion and to receive the Gifts, eligible entrants must:

(a) be a customer of the Promotor;

(b) opt into the Promotion in accordance with the instructions below at clause 2;

(c) receive the applicable amount of Qualifying Deliveries within the Promotion Period; and

(d) comply with these Terms and Conditions and the Promotor's general terms and conditions, which can be found here.

1.4 "Qualifying Deliveries" will include any Bargain Box delivered within a concurrent 20 week period during the Promotion Period (for the avoidance of doubt, My Food Bag, Fresh Start and MADE deliveries are not included in this programme). Any additional bags, products or boxes incorporated into one delivery will be counted as one Qualifying Delivery. Qualifying Deliveries are tracked by the entrant's My Food Bag subscription number. If an entrant receives a number of deliveries relating to multiple subscription numbers, only the deliveries from the entrant's participating subscription number that opted into the Promotion will be classified as a Qualifying Delivery. One-off buffer deliveries are not counted as a Qualifying Delivery.

1.5 Eligible entrants who receive three Qualifying Deliveries within a concurrent 20 week period during the Promotional Period will be eligible to receive the Week 3 Gift. Eligible entrants who receive six Qualifying Deliveries within a concurrent 20 week period during the Promotion Period will be eligible to receive the Week 6 Gift (in addition to their Week 3 Gift). Eligible entrants who receive nine Qualifying Deliveries within a concurrent 20 week period during the Promotion Period will be eligible to receive the Week 9 Gift (in addition to their Week 3 and Week 6 Gift). Eligible entrants who receive twelve Qualifying Deliveries within a concurrent 20 week period during the Promotional Period will be eligible to receive the Week 12 Gift (in addition to their Week 3 and Week 6 and Week 9 Gift), Eligible entrants who receive twelve Qualifying Deliveries within a concurrent 20 week period during the Promotion Period will be eligible to receive the Week 15 Gift (in addition to their Week 3 and Week 6 and Week 9 and Week 12 Gift).

1.6 Qualifying Deliveries only apply towards the Promotion during the Promotion Period and once the entrant has opted into the Promotion in accordance with the instructions at clause 2 below.

HOW TO ENTER AND RECEIVE SPEND & SAVE GIFTS

2.1 To enter the Promotion, entrants must:

(a) click on the link in the Promotion invitation email sent from the Promoter to the entrant, or sign up via the account area prompts;

(b) log into their account if they aren’t already logged in;

(d) click Join to enter their entry into the Promotion.

2.3. The Gifts will consist of:

(a) after three Qualifying Deliveries within a concurrent 20 week period during the Promotion Period: $10 off their next delivery

(b) after six Qualifying Deliveries within a concurrent 20 week period during the Promotion Period: $15 off their next delivery

(c) after nine Qualifying Deliveries within a concurrent 20 week period during the Promotion Period: $20 off their next delivery

(d) after twelve Qualifying Deliveries within a concurrent 20 week period during the Promotion Period: $25 off their next delivery

(e) after fifteen Qualifying Deliveries within a concurrent 20 week period during the Promotion Period: $30 off their next delivery

2.4 Once the entrant has opted into the Promotion and has received three or six or nine or twelve or fifteen(as applicable) Qualifying Deliveries within the Promotion Period, the Promotor will aim to deliver the selected Gift with the entrant's fourth or seventh or tenth or thirteenth or sixteenth delivery of a Bargain Box. If, for any reason, the Gift cannot be delivered with three or six or nine or twelfth or fifteenth delivery, we will endeavour to send the Gift to the entrant with the entrant's next Bargain Box, or as soon as is reasonably practicable.

2.5 All Gifts are non-transferable and cannot be exchanged or refunded for cash.

GENERAL TERMS AND CONDITIONS

3.1 Instructions on how to enter the Promotion form part of these Terms and Conditions. Participation in this Promotion is deemed acceptance of these Terms and Conditions.

3.2 The Promotion is strictly limited to a set number of entries. Once the set number of entrants have entered the Promotion, no new entries will be accepted by the Promoter. Entries will be processed in the order in which they are received by the Promoter.

3.3 The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant's identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

3.4 In the event of any disputes in relation to entries online and identification of the person making the redemption by email, the Promoter reserves the right to award the Gift to the email account holder.

3.5 The Promoter’s decision is final and no correspondence will be entered into.

3.6 The Promoter will use its best endeavours to provide the Gift listed. If any of the Gifts are unavailable for whatever reason, the Promoter reserves the right to substitute that Gift for the alternative Gift for the relevant week or another item of an equivalent or greater value.

3.7 Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet Service Provider used.

3.8 The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically entry repeatedly is prohibited and will render all entries submitted by that entrant invalid.

3.9 The Promoter assumes no responsibility for:

(i) any error, omission, interruption, or delay in the operation or transmission of any communication including any email communication sent to (or by) the Promoter to any entrant whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise;

(ii) any theft, destruction or unauthorized access to, or alteration of such communications; and

(iii) any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Promotion.

3.10 Except for any liability that cannot be excluded by law, the Promoter (including its officers, representatives, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following:

(a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);

(b) any theft, unauthorised access or third party interference;

(c) any claim, original purchase or relevant Gift that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;

(d) any variation in the relevant Gift value to that stated in these Terms and Conditions;

(e) any tax liability incurred by an entrant; or

(f) use of the relevant Gift.

3.11 Nothing in these Terms and Conditions is intended to exclude, restrict or modify a consumer's rights under the Consumer Guarantees Act 1993 or Fair Trading Act 1986. These Terms and Conditions must be read subject to those statutory provisions and will not affect any statutory rights that an entrant may have in relation to the return of a MFB product or the Gift.

3.12 The Promoter, in its sole discretion, reserves the right to cancel, suspend, terminate or modify the Promotion or any part of the Promotion if fraud, technical failures or any other factor beyond the Promoter's reasonable control adversely affects the Promoter's ability to conduct the Promotion or part of the Promotion as contemplated in these Terms and Conditions, subject to any written directions from any regulatory authority. Any cancellation or modification to the promotion will be notified on the Promoter’s website: Terms and Conditions

This price guarantee offer ("Offer") is valid from 25 September 2023 to December 31st 2023 ("Offer Period"). The offer is that the My Food Bag products My Choice and My Plant Power will remain the same price – no price increase or decrease within the offer period.

Offer valid for new customers only and/or customers who have not bought with us for 13 weeks. Expires midnight 30 June 2024 for deliveries up to and including 7 July 2024 delivery weekend. Get 50% off the first delivery, excluding delivery fee.

The price comparison compares the prices of products online from New World and Woolworths against the prices of meal ingredients for Bargain Boxes 5 nights for 4 for the top 5 most selected recipes. Prices include delivery costs for Bargain Box and the supermarkets. Where necessary, prorating was used. Prices took into account 4 weeks up to 10/09/2024.

THE PROMOTION

1.1 The promoter is My Food Bag Limited, 56 Parnell Road, Auckland ("Promoter" or "MFB").

1.2 The Fresh Start 8 Week Reset Promotion ("Promotion") commences at 12.00am NZST on 27 August 2024. (the "Promotion Period").

1.3 To be eligible for the Promotion and to receive the gifts that are part of the Promotion, eligible entrants must:

(a) be a customer of MFB;

(b) opt into the Promotion in accordance with the instructions below at clause 2;

(c) receive the applicable amount of Qualifying Deliveries within the Promotion Period; and

(d) comply with these Terms and Conditions and the Promotor's general terms and conditions, which can be found here.

1.4 "Qualifying Deliveries" will include any 3, 4 & 5 night Fresh Start delivered within the Promotion Period (for the avoidance of doubt, Bargain Box, My Food Bag and MADE deliveries are not included in this programme). Any additional bags, products or boxes incorporated into one delivery will be counted as one Qualifying Delivery. Qualifying Deliveries are tracked by the entrant's Fresh Start subscription number. If an entrant receives a number of deliveries relating to multiple subscription numbers, only the deliveries from the entrant's participating subscription number that opted into the Promotion will be classified as a Qualifying Delivery. One-off buffer deliveries are not counted as a Qualifying Delivery.

Weight loss based off responses from Fresh Start customers whose goal was to lose weight and who were successful in that goal. Individual results may vary. Refer to our terms and conditions page for more information. 8th week free up to the value of the meal kit cost of the last Fresh Start bag purchased. The discount excludes Gourmet meal upgrades, Kitchen items or any other extras, and can only be used on Fresh Start meal kits, and deliveries must be delivered within 9 weeks to qualify for 8th week free.

1.5 Eligible entrants who receive 7 Qualifying Deliveries with a concurrent eight week period will be eligible to receive their 8th week 50% off.

1.6 Qualifying Deliveries only apply towards the Promotion during the Promotion Period and once the entrant has opted into the Promotion in accordance with the instructions at clause 2 below.

HOW TO ENTER AND RECEIVE WINTER REWARDS GIFTS

2.1 To enter the Promotion, entrants must:

(a) click on the link in the Promotion invitation email sent from the Promoter to the entrant, or sign up via the account area prompts;

(b) log into their account if they aren’t already logged in;

(c) click Join to enter their entry into the Promotion.

2.3 After seven Qualifying Deliveries within the concurrent eight weeks of the Promotion Period the entrant will receive their 8th delivery of Fresh Start free of charge ("Gift").

2.4 Once the entrant has opted into the Promotion and has received 7 (as applicable) Qualifying Deliveries within the concurrent eight week Promotion Period, the Promotor will apply the 100% discount with the entrant's eighth delivery of a Fresh Start. If, for any reason, the Gift cannot be delivered with the eighth delivery, we will endeavour to send the Gift to the entrant with the entrant's next Fresh Start, or as soon as is reasonably practicable.

2.5 All Gifts are non-transferable and cannot be exchanged or refunded for cash.

GENERAL TERMS AND CONDITIONS

3.1 Instructions on how to enter the Promotion form part of these Terms and Conditions. Participation in this Promotion is deemed acceptance of these Terms and Conditions.

3.3 The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant's identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

3.4 In the event of any disputes in relation to entries online and identification of the person making the redemption by email, the Promoter reserves the right to award the Gift to the email account holder.

3.5 The Promoter’s decision is final and no correspondence will be entered into.

3.6 The Promoter will use its best endeavours to provide the Gift listed. If any of the Gifts are unavailable for whatever reason, the Promoter reserves the right to substitute that Gift for the alternative Gift for the relevant week or another item of an equivalent or greater value.

3.7 Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet Service Provider used.

3.8 The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically entry repeatedly is prohibited and will render all entries submitted by that entrant invalid.

3.9 The Promoter assumes no responsibility for:

(i) any error, omission, interruption, or delay in the operation or transmission of any communication including any email communication sent to (or by) the Promoter to any entrant whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise;

(ii) any theft, destruction or unauthorized access to, or alteration of such communications; and

(iii) any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Promotion.

3.10 Except for any liability that cannot be excluded by law, the Promoter (including its officers, representatives, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following:

(a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);

(b) any theft, unauthorised access or third party interference;

(c) any claim, original purchase or relevant Gift that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;

(d) any variation in the relevant Gift value to that stated in these Terms and Conditions;

(e) any tax liability incurred by an entrant; or

(f) use of the relevant Gift.

3.11 Nothing in these Terms and Conditions is intended to exclude, restrict or modify a consumer's rights under the Consumer Guarantees Act 1993 or Fair Trading Act 1986. These Terms and Conditions must be read subject to those statutory provisions and will not affect any statutory rights that an entrant may have in relation to the return of a MFB product or the Gift.

3.12 The Promoter, in its sole discretion, reserves the right to cancel, suspend, terminate or modify the Promotion or any part of the Promotion if fraud, technical failures or any other factor beyond the Promoter's reasonable control adversely affects the Promoter's ability to conduct the Promotion or part of the Promotion as contemplated in these Terms and Conditions, subject to any written directions from any regulatory authority. Any cancellation or modification to the promotion will be notified on the Promoter’s website: Terms and Conditions

THE PROMOTION

1.1 The promoter is My Food Bag Limited, 56 Parnell Road, Auckland ("Promoter" or "MFB").

1.2 The Fresh Start 8 Week Reset Promotion ("Promotion") commences at 12.00am NZST on 27 August 2024. (the "Promotion Period").

1.3 To be eligible for the Promotion and to receive the gifts that are part of the Promotion, eligible entrants must:

(a) be a customer of MFB;

(b) opt into the Promotion in accordance with the instructions below at clause 2;

(c) receive the applicable amount of Qualifying Deliveries within the Promotion Period; and

(d) comply with these Terms and Conditions and the Promotor's general terms and conditions, which can be found here.

1.4 "Qualifying Deliveries" will include any 3, 4 & 5 night Fresh Start delivered within the Promotion Period (for the avoidance of doubt, Bargain Box, My Food Bag and MADE deliveries are not included in this programme). Any additional bags, products or boxes incorporated into one delivery will be counted as one Qualifying Delivery. Qualifying Deliveries are tracked by the entrant's Fresh Start subscription number. If an entrant receives a number of deliveries relating to multiple subscription numbers, only the deliveries from the entrant's participating subscription number that opted into the Promotion will be classified as a Qualifying Delivery. One-off buffer deliveries are not counted as a Qualifying Delivery.

(a) Weight loss based off responses from Fresh Start customers whose goal was to lose weight and who were successful in that goal. Individual results may vary. Refer to our terms and conditions page for more information. Deliveries must be delivered within 9 weeks to qualify for the free gift outlined in section (b) with their delivery at week 8.

(b) For this campaign, the free Gift with the customers week 8 Qualifying Delivery is a Stanley Quencher H2.0 FlowState Tumbler 30oz. This Gift will be automatically applied to the customer’s account. This offer is available while stocks last. The colour of the Stanley Quencher will be assorted between Cream, Rose Quartz and Mint, and customers will not be able to choose the colour they will receive.

(c) The Promoter will use its best endeavours to provide the Gift listed. If any of the Gifts are unavailable for whatever reason, the Promoter reserves the right to substitute that Gift for another item of equivalent or greater value.

1.5 Eligible entrants who receive 7 Qualifying Deliveries with a concurrent eight week period will be eligible to receive the free gift with their week 8 delivery.

1.6 Qualifying Deliveries only apply towards the Promotion during the Promotion Period and once the entrant has opted into the Promotion in accordance with the instructions at clause 2 below.

HOW TO ENTER AND RECEIVE WINTER REWARDS GIFTS

2.1 To enter the Promotion, entrants must:

(a) click on the link in the Promotion invitation email sent from the Promoter to the entrant, or sign up via the account area prompts;

(b) log into their account if they aren’t already logged in;

(c) click Join to enter their entry into the Promotion.

2.3 Once the entrant has opted into the Promotion and has received 7 (as applicable) Qualifying Deliveries within the concurrent eighth week Promotion Period, the Promotor will apply the Gift with the entrant's eighth delivery of a Fresh Start. If, for any reason, the Gift cannot be delivered with the eighth delivery, we will endeavour to send the Gift to the entrant with the entrant's next Fresh Start, or as soon as is reasonably practicable.

2.5 All Gifts are non-transferable and cannot be exchanged or refunded for cash.

GENERAL TERMS AND CONDITIONS

3.1 Instructions on how to enter the Promotion form part of these Terms and Conditions. Participation in this Promotion is deemed acceptance of these Terms and Conditions.

3.3 The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant's identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

3.4 In the event of any disputes in relation to entries online and identification of the person making the redemption by email, the Promoter reserves the right to award the Gift to the email account holder.

3.5 The Promoter’s decision is final and no correspondence will be entered into.

3.6 The Promoter will use its best endeavours to provide the Gift listed. If any of the Gifts are unavailable for whatever reason, the Promoter reserves the right to substitute that Gift for the alternative Gift for the relevant week or another item of an equivalent or greater value.

3.7 Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet Service Provider used.

3.8 The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically entry repeatedly is prohibited and will render all entries submitted by that entrant invalid.

3.9 The Promoter assumes no responsibility for:

(i) any error, omission, interruption, or delay in the operation or transmission of any communication including any email communication sent to (or by) the Promoter to any entrant whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise;

(ii) any theft, destruction or unauthorized access to, or alteration of such communications; and

(iii) any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Promotion.

3.10 Except for any liability that cannot be excluded by law, the Promoter (including its officers, representatives, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following:

(a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);

(b) any theft, unauthorised access or third party interference;

(c) any claim, original purchase or relevant Gift that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;

(d) any variation in the relevant Gift value to that stated in these Terms and Conditions;

(e) any tax liability incurred by an entrant; or

(f) use of the relevant Gift.

3.11 Nothing in these Terms and Conditions is intended to exclude, restrict or modify a consumer's rights under the Consumer Guarantees Act 1993 or Fair Trading Act 1986. These Terms and Conditions must be read subject to those statutory provisions and will not affect any statutory rights that an entrant may have in relation to the return of a MFB product or the Gift.

3.12 The Promoter, in its sole discretion, reserves the right to cancel, suspend, terminate or modify the Promotion or any part of the Promotion if fraud, technical failures or any other factor beyond the Promoter's reasonable control adversely affects the Promoter's ability to conduct the Promotion or part of the Promotion as contemplated in these Terms and Conditions, subject to any written directions from any regulatory authority. Any cancellation or modification to the promotion will be notified on the Promoter’s website: Terms and Conditions

1) Offer expires 18th of November 2024 or when stocks of all gifts run out (whichever is the earlier) for deliveries 8th December 2024 weekend at the latest. 50% off Delivery 1 then a free gift on delivery 2 – customer will choose from a) Citta Beach Towel, b) Bennett’s of Mangawhai Chocolate Box, c) Swanndri Picnic Blanket, d) Meat pack, e) Ecoya candle & mini diffuser, subject to availability. The customer cannot choose colour or fragrance of the gift they select. 2) Gifts are not exchangeable for cash and are available whilst stocks last. 3) Customer must select their gift from the Kitchen to secure it. The customer is not guaranteed that they will receive their first choice. Customers who redeem the offer with a My Gluten Free Bag or Ready Made subscription will be offered the available gifts suitable to their subscription, and not necessarily have choice from the same range available for My Food Bag, Bargain Box or Fresh Start subscriptions. If the customer does not select a gift before 18 November 2024 or before stocks of all gifts run out (whichever is the earlier) then they will not receive a gift in their second or future delivery. My Food Bag will attempt contact the customer using their known email address prior to the expiry of the offer to remind them to choose a gift. 4) To use this offer customer must be new to My Food Bag or have not bought any My Food Bag product in the last 13 weeks. Discount applies to the value of the customer's chosen subscription meal kit, and does not apply to any extras including Kitchen and gourmet meals. Promo code cannot be used on one off occasion products. My Food Bag reserves the right to withhold or deduct credits obtained using a promotion code in the event that My Food Bag determines or believes that the use or redemption of the promotion code was in error, fraudulent, illegal, or in violation of the applicable promotion code terms or these Terms. Terms & conditions at My Food Bag include use of website, registration & orders, price & payment, product availability & quality, delivery, privacy and more.