ORDERLY LIMITED - TERMS AND CONDITIONS OF TRADE
DEFINITIONS AND INTERPRETATION
“Contract for Service” shall mean the agreement (whether written or verbal) between
Orderly and the Customer for the supply of Products and Services from Orderly to the Customer, and shall include, without limitation, these terms and conditions of trade.
"Customer" shall mean any person or entity that Orderly carries out Services for and if there is more than one Customer then each person or entity is jointly and severally the Customer.
“Person” includes a company, partnership, family trust, individual or any other entity.
“Products” may include, but without limitation, any components or materials owned, used and/or applied by Orderly in completing the Services for the Customer.
“Services” shall mean the Products and services supplied by Orderly to the Customer in satisfying a Contract for Service.
“Orderly” shall mean Orderly Limited, its successors and assigns or any person acting on behalf of and with the authority of Orderly Limited.
“Website” shall mean www.TBC.
Unless the context requires otherwise:
References to any statute, regulations or other statutory instrument or by-law shall be deemed to be references to a statute, regulations, instrument or by-law of New Zealand as from time to time amended and includes substitute provisions (whether in an amendment of existing legislation or in new legislation) that substantially correspond to those referred to;
Where the context requires or admits, words importing the singular shall import the plural and vice versa; and
References to any party includes the successors and any permitted assigns of that party and party means them collectively.
ACCEPTANCE OF TERMS AND CONDITIONS OF TRADE
Your access to and use of the Orderly (“us”, “we” or “our”) website and/or any other platforms offered by us is subject to the following terms and conditions of trade any subsequent amendments made to them (“Terms”).
By using our Website, purchasing our subscription, or purchasing store products, you are deemed to have read, and agree to be bound by, our Terms.
We reserve the right to amend these Terms at any time by uploading the amended Terms to our Website. You agree to be bound by the Terms on the Orderly Website at the time of each order or purchase.
PRICING
All price lists are quoted in New Zealand dollars (NZD) and are inclusive of goods and services tax (GST) unless stated otherwise
We reserve the right to adjust prices as we may determine at our sole discretion at any time and without notice; provided however, should we change the prices associated with our subscriptions plan, we will provide existing subscribers with advanced notice of such changes.
SUBSCRIPTION
Your purchase of a subscription plan comprises of an order for a continuous, weekly, monthly, or three-monthly plan.
Our subscription is continuous until you cancel it. Your selected subscription plan will continue unless you cancel your subscription through our Website.
If you are using a discount code on a subscription plan, once the discount period ends, we will begin billing your designated payment method on a recurring basis for the non-discounted price of your plan for as long as your subscription continues, until you cancel your subscription.
Please note you will not receive notice from us that the discounted period has ended, or that the full-priced portion of your subscription has begun.
By signing up to our subscription, you acknowledge and authorise us to collect, save and charge your provided payment method for future transactions on your account in relation to your subscription.
You authorise Orderly to charge your provided payment method weekly from the date you purchase your subscription. Payments will begin one week from the day you purchase your subscription, after your seven-day trial period ends.
You will receive your Orderly dinner subscription plan, including recipes and a shopping list, on a Thursday at 12.00pm NZST, regardless of the day you purchase your subscription.
If subscription payments are not paid in full, or the Customer’s bank declines a payment, we reserve the right to suspend the Customer’s subscription immediately. It is your responsibility to update any payment information should you wish to continue with our subscription service.
CANCELLATION OF SUBSCRIPTION
You may cancel your subscription at any time by logging into your account on our Website and electing to cancel our service. Orders must be cancelled one day prior to billing.
METHOD OF PAYMENT
Our fees will be charged against your account upon completion of a sale and purchase through our Website.
You agree to provide current, complete, and accurate purchase and account information for all purchases made through our Website.
Should you change your credit/debit card you will promptly notify us of your new credit card details and update your account information via our Website.
Purchases must be made by way of credit card or debit card. We do not accept any other form of payment.
You expressly authorise us to charge all fees and other amounts payable by you under these Terms to your credit/debit card.
You can update your payment method or payment preference at any time via our Website.
CUSTOMER REGISTRATION
If you register your personal information on our Website, you consent to receiving marketing information and any other material regarding Orderly by electronic communication from us.
You can choose to unsubscribe from our emails at any time. Unsubscribing from our emails (subscription, promotional, newsletters or other) does not unsubscribe/cancel your Orderly subscription plan.
Should your personal information change you will promptly notify us and update your account information via our Website.
You acknowledge and agree that you are responsible for all activity which occurs through your account.
You agree to keep your log in information secure and confidential at all times and you will not permit any other person to use your account. You will notify us immediately if you become aware of a security breach of your account.
We reserve the right to limit, suspend or terminate your account should it not comply with these Terms.
PRIVACY ACT 2020
You authorise Orderly to collect, retain and use any information about the Customer for the purpose of enforcing any rights under any contract for goods and services and marketing. This may include billing and shipping address, details relating to your subscription, email address, name and phone number.
You authorise Orderly to disclose any information obtained by it to any person for the purposes set out in clause 7.1.
Where the Customer is a natural person the authorities under clauses 7.1 and 7.2 are authorities or consents for the purposes of the Privacy Act 2020 and any other Act replacing that Act
You shall have the right to request a copy of the information held by Orderly about you and the right to request Orderly to correct any incorrect information about the Customer.
INDEMNITY
In the event that you breach any contract with Orderly, you indemnify Orderly for any costs and expenses it incurs in enforcing its rights under any contract, including legal fees as between solicitor and client (the client being Orderly).
LIMITATION OF LIABILITY
Orderly shall not be liable for any loss of profit or indirect and/or consequential loss (whether arising under statute, contract, negligence or otherwise) arising out of any Contract or a Customer’s use of the Website.
INTELLECTUAL PROPERTY
Any content displayed or made available through the Website, including recipe images or recipe files, is the exclusive property of Orderly or its suppliers and may not be used, copied, distributed, displayed, reproduced, published or transmitted by the Customer (including in hard copy, electronic or any other form) or any third parties without the prior written permission of Orderly. Any infringement of Orderly’s intellectual property may result in civil and/or criminal penalties.
No Customer or third parties may use any part of the Website in any advertising or other revenue generating material. This property is intended for the Customer’s personal use only.
You will not use the Website for any purpose that is unlawful or prohibited by these Terms.
You will not interfere with any other party’s use or enjoyment of the Website, damage the operation of the Website or our systems including by ways of a virus, corrupted files, or otherwise.
FORCE MAJEURE
Orderly shall not be liable for any delay, failure to perform its obligations and/or default under any Contract due to any act of God, terrorism, war, strike, lock out, industrial action, flood, storm, pandemic or other event beyond its reasonable control.
MISCELLANEOUS
No waiver by Orderly in respect of any breach of any Contract shall operate as a waiver in respect of any subsequent breach.
If any clause(s) of these Terms shall be declared invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining clauses shall not be affected, prejudiced or impaired.
These terms and conditions of trade are governed by and construed in accordance with the laws of New Zealand and the parties agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.
DISCLAIMERS
Although we take care when preparing our recipes and suggesting alternatives for specific dietary requirements (ie. gluten free), our subscription plans and one-off recipes are not designed specifically to cater for allergies, intolerances, or cultural dietary requirements. You are responsible for checking and purchasing ingredients to prepare the recipes provided.
We aim to provide generic, balanced, and nutritious weekly meal plans. We are not providing nutrition advice nor making individual recommendations regarding food choices.
When designing our weekly meal plans, we are conscious of keeping food waste to a minimum, however produce is subject to variance, and we cannot guarantee zero waste.
We are unfortunately not magicians and cannot guarantee your children will actually eat their dinner.