Terms and Conditions

Kai (“we”, “us” or “our”) is a trading name of Menumonster Limited a New Zealand company registered under NZBN 9429041781593.

Our physical address is 396 Queen Street, Auckland 1010, New Zealand.

These terms and conditions of trade apply to all our sales of Kai meal plans. Any additional or different terms you stipulate or state in communication with us (including an order) will not bind us unless we agree in writing. No sales person, representative or agent is authorized by us to give any guarantee, warranty or representation in addition to, or contrary to these terms. By placing an order for a Kai meal plan or meal plans for delivery to you (or another person as you direct) you are deemed to have agreed to be bound by these terms.

1. Declaration

1.1. You certify that the information set out in your application to open an account is true and correct. By placing an order you are making an offer to buy Kai meal plans, and we may accept or decline this offer for any reason.

1.2. You must notify us immediately if there is any change to the account information that you have given to us.

2. Price and Price Variation

2.1. All prices are quoted in New Zealand dollars, including goods and services tax (GST) unless otherwise stated. Unless otherwise agreed in writing, the price of the Kai meal plans will be the current price on the day of order of the Kai meal plans. Prices do not include any delivery surcharges. Product prices and any prices quoted (until order) are subject to change from time to time.

2.2. All Kai meal plans and services sold are subject to GST.

3. Ordering

3.1 When you place an order you agree to purchase, and we agree to deliver, the Kai meal plan(s) that you have selected. You agree to pay for every order made under your Login.

3.2 If you wish to cancel your meal plan, you must notify us before midnight two days prior to the scheduled delivery date.

3.3 To cancel your account you must email us at support@getkai.co.nz. You will receive an email back with the next steps to follow.

4. Payment

4.1 We will email your invoice to you after you have confirmed a meal plan order.

4.2. We will invoice you for your Kai meal plan delivery, and you will make full payment by internet banking within one (1) hour on the day you confirm the order. We only accept payment by internet banking.

4.3. We reserve the right to suspend delivery of further Kai meal plans if the terms of payment are not strictly adhered to by you.

4.4. You must pay us all expenses, costs or disbursements incurred by us in recovering any outstanding monies including debt collection agency fees and solicitor’s costs.

5. Delivery

5.1. We shall deliver the Kai meal plans to the address stated on your order or as agreed by us in writing.

5.2. We shall deliver the Kai meal plans by such carrier and such form of transport that we consider to be appropriate.

5.3. If you are not at home when your delivery arrives, the courier will leave the package for you at your door. You should provide a chilly bin to place your delivery in. Our meal ingredients are packaged in brown bags with some ice and will typically remain cold for several hours, but depending on the season and temperature at the time of delivery, advance planning by you should be made for proper storage of your meal ingredients prior to consumption. You should provide clear, succinct, and considerate additional delivery instructions when setting up your account, such as requesting that your delivery be left at a specific location on your property or with a neighbour. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.

5.4 If your delivery address is not accessible during the delivery hours specified, we will charge a re-delivery fee.

5.5 We will not be responsible for non-delivery or delay in delivery of the Kai meal plans as a result of events occurring beyond our reasonable control. We will not be responsible for any consequences (direct or indirect) arising from such a delay or non- delivery.

6. Privacy Act 1993

6.1 You authorise us to collect, retain and use personal information about you (including the information collected in your application) for the following purposes only:

a) deciding whether to allow you to open an account or continue to operate an account;

b) marketing Kai meal plans and our other goods and services to you.

6.2 You have a right of access to information that we hold about you. You may request correction of that information and may require that the request be stored with that information.

7. Return and Refunds

7.1. If you are dissatisfied with a meal ingredient for any reason, please contact us at support@getkai.co.nz within three (3) days of the date you received the meal ingredients. We may require the return or photographic documentation of any meal ingredient with which you are dissatisfied before we provide you a credit or refund.

7.2 We will not accept the return of Kai meal plans for credit or refund or any other purpose except if the delivery was due to our error. Return freight will be at our cost only when there has been an error by us.

7.3. We will not accept a returned Kai meal plan if it has been tampered with by you or any other person. If a Kai meal plan is returned to us in any other circumstances, it will be disposed of at your expense.

8. Risk and title

8.1. Risk in the Kai meal plans shall pass to you when the carrier delivers the Kai meal plan to your delivery address.

9. Guarantees

9.1. The Consumer Guarantees Act 1993 (CGA) applies to our supply of Kai meal plans to you as follows:

a) If a Kai meal plan fails to comply with any guarantee in the CGA, we will, at our option, either replace that Kai meal plan or refund the price for that Kai meal plan by crediting your account balance.

b) Any right which you have to reject a nonconforming or defective Kai meal plan will only be effective if you notify us in writing within five (5) days following delivery and we are given the opportunity to inspect the Kai meal plan.

9.2 We accept no other liability for any claim by you or any other person, including without limitation any claim relating to or arising from:

a) any conditions, warranties, descriptions, representations, conditions as to fitness or suitability for any purpose, tolerance to any conditions, merchantability or otherwise, whether express or implied by law, trade custom or otherwise; or

b) any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by us in writing; or any service forming part of the supply of the Kai meal plan which have been performed by any third party.

9.3 Kai’s liability under any claim shall not exceed the price of the relevant Kai meal plan.

9.4 Nothing in these terms is intended to have the effect of contracting out the provisions of the CGA except to the extent permitted by the CGA, and these terms are to be modified to the extent necessary to give effect to that intention.

10. Adjustments

If we charge you the wrong amount for a Kai meal plan, we will make a refund or request a payment by internet banking.

11. Termination by us

11.1. If you:

a) fail to make any payment due or commit any other breach of any of your obligations; or

b) suffer execution under any judgment;

we (in addition to any other remedies we may have) may cancel your account. Any such cancellation shall be without prejudice to any claim or right we may otherwise possess.

11.2 Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to order and receive Kai meal plans, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event.

12. Variations to Terms and Conditions of Trade

12.1. We from time to time and in our sole discretion amend, add to or delete any of the these terms and conditions with immediate effect by giving you notice provided that such change will not apply to any Kai meal plans that have already been ordered and paid for by you.

13. Governing Law

13.1 These terms of trade are governed by the laws of New Zealand.

14. Ingredients and risks

14.1 Kai meal plans may contain allergens such as shellfish, gluten, eggs, nuts and dairy.

14.2 Kai meal plans for allergies may include ingredients prepared in a kitchen that also produces allergen-containing foods and therefore Kai cannot guarantee the complete absence of allergens.