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 Terms and Conditions

TERMS OF SERVICE

OVERVIEW

This website is operated by Cater Plus. Throughout the site, the terms ?we?, ?us? and ?our? refer to Cater Plus. Cater Plus offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our ?Service? and agree to be bound by the following terms and conditions (?Terms of Service?, ?Terms?), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

** All prices in this website are GST / TAX Included.

SECTION 1 ? ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 ? GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks by Third (3rd) party services providers.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 ? ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 ? MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 ? PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor?s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 ? ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 ? OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ?as is? and ?as available? without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 ? THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party?s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 ? USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ?comments?), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party?s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 ? PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 ? ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 ? PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 ? DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ?as is? and ?as available? for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Cater Plus, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 ? INDEMNIFICATION

You agree to indemnify, defend and hold harmless Cater Plus and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys? fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 ? SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 ? TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 ? ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 ? CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 ? CONTACT INFORMATION

Questions about the Terms of Service please contact Customer Service on the contact us page.

 Privacy Policy

Cater Plus Online Services

Our website address is: www.eathealthy.co.nz

Our privacy commitment

Cater Plus is committed to protecting the privacy of your personal information.

We manage your personal information in an open and transparent way.

Cater Plus will only use your personal information when it is necessary for

us to deliver you a service or perform other necessary business functions and activities.

Cater Plus will not use or disclose your personal information for purposes

unrelated to the services we provide, unless we first obtain your consent.

Where we can, we will allow you to deal with us anonymously or by using a pseudonym.

However, in some circumstances, this may not be possible, and Cater Plus may

need to collect personal information from you to provide you with a delivery or other service.

In some cases, if you do not provide the required personal information we will not be able to provide you with a service.

Our privacy obligations

This privacy policy sets out how we comply with our obligations under the:

Privacy Act 1993 (NZ) (New Zealand)

Cater Plus is bound by the requirements of this privacy law, which regulates how we may collect, use, disclose and store personal information/data. This law also specifies how individuals may access and correct personal information/data held about them.

?Personal Information? means information or an opinion about an identified individual (or an individual who is reasonably identifiable), whether true or not, or recorded in a material form or not.

?Personal Data? means data which relates to a living individual who can be identified from the data, including an opinion about the individual.

For example, these types of information/data could include your name, contact details, age and gender.

In this policy ?we?, ?us?, ?our? and ?Cater Plus?.

How and why does Cater Plus collect and hold your personal information?

Cater Plus will only collect personal information about you by lawful and fair means, and not in an unreasonably intrusive manner.

It is Cater Plus?s usual practice to collect personal information [about you (and possibly about your family) directly from you (or from your authorized representative)], when you:

complete an online form on one of our websites;

  • visit and browse our website;
  • complete a hard copy form;
  • purchase goods or services from us in certain circumstances such as through our website, or if you deal with us by reference to your membership, or if you pay other than by cash;
  • enter one of our competitions;
  • apply for employment with us; or
  • contact us by telephone, via mail, email or online.

We may collect personal information about you from a third party or a publicly available source, but only if you have consented to such collection, or would reasonably expect us to collect your personal information in this way.

Cater Plus only collects personal information for purposes that are directly related to our business activities, and only when it is necessary for or directly related to such purposes. We also collect personal information related to employment services, human resource management, and other corporate service functions.

If we receive information about you from a third party and it is not information we need in respect of our business activities, we will destroy or de-identify that information (provided it is lawful to do so).

No one under the age of 13 years is allowed to provide any personal information. Minors under the age of 18 years are prohibited from making purchases, including subscriptions, on our websites.

What kind of personal information does Cater Plus collect and hold?

Any personal information that you provide via our websites or directly (for example, when you apply to become a member of the Cater Plus) is collected and managed by Cater Plus.

If you provide your personal information to a third party via a link Cater Plus, that information is collected and managed by those third parties. You should familiarize yourself with their privacy policy prior to deciding whether you wish to provide them with your information.

The types of personal information Cater Plus may collect includes (but is not limited to) your:

  • name;
  • date of birth;
  • gender;
  • marital status and family details;
  • residential address;
  • email address;
  • contact telephone numbers;
  • identification details (e.g. student, YHA member, over 60s);
  • Tax File Number;
  • Passport details;
  • testimonials or opinions;
  • photos of you;
  • financial information, such as credit card details;
  • statistical information about visits to pages on the site, the duration of individual page view, paths taken by visitors through the site, data on visitors? screen settings and other general information;
  • written or verbal contact with Cater Plus, including voice recordings of telephone conversations you have had with our employees; and
  • activities, including but not limited to sporting and other lifestyle interests.

The nature of the information collected will depend on the purpose for which it is being collected.

If you provide us with information about any third party, you must obtain that person?s permission to give us the information and inform them that you have given the information to us.

How does Cater Plus use your personal information?

We use your personal information for a variety of reasons including to:

  • provide services and products to you;
  • answer your inquiries and deliver customer service to you;
  • to tell you about other products that we think may be of interest to you;
  • maintain and improve customer services;
  • administer our Cater Plus;
  • facilitate your interaction with us on our website;
  • consider any application for employment made by you;
  • meet our legal obligations;
  • manage and resolve any legal or commercial complaints and issues;
  • carry out internal functions including training; and
  • conduct marketing research and analysis.

Whilst you may opt not to provide us with your personal information, you should be aware that without this personal information, we may not be able to provide you with some of the services and/or products you are seeking.

In what circumstances will Cater Plus disclose your personal information?

In the course of conducting our business and providing our products and services to you, we may disclose your personal information.

We only disclose personal information for the purposes for which it was given to us, or for purposes which are directly related to one of our functions or activities. We do not give it to anyone else unless one of the following applies:

  • you have consented to the disclosure;
  • you would reasonably expect, or have been told, that your information is passed to those individuals, bodies or agencies; or
  • it is otherwise required or authorized by law.

If we engage third party agents or contractors, we will take all reasonable steps to ensure that they do not breach privacy requirements in relation to the information, before we share your personal information with them.

Who do we disclose your personal information to?

We may disclose your personal information to:

  • another Cater Plus business;
  • professional advisers (such as lawyers or auditors);
  • payment systems operators and financial institutions;
  • third party agents or contractors with whom we contract in the ordinary course of business;
  • organisations authorized by Cater Plus to conduct promotional, research or marketing activities;
  • upon lawful request from law enforcement agencies or government authorities; and
  • any persons acting on your behalf including those persons nominated by you, executors, trustees and legal representatives.

In all circumstances where your personal information is disclosed, we will take all steps reasonable to ensure that these third parties undertake to protect your privacy.

Direct marketing

We are committed to compliance with all laws and requirements relating to the use of your personal information. We will only use or disclose your personal information for direct marketing purposes if you have provided your information for that purpose (and you would expect us to use the information for that purpose), or if you have provided consent for your information to be used in this way.

From time to time, we may contact you with information about products and services offered by us and our related entities and our business partners, which we think may be of interest to you. When we contact you it may be by mail, telephone, email.

We may also provide targeted marketing to you whether directly or through online advertisement networks such as those operated by Google, based on your viewing activity of our website.

Where we use or disclose your personal information for the purpose of direct marketing, we will:

  • allow you to request not to receive direct marketing communications (also known as ?opting-out?); and
  • comply with your request to ?opt-out? of receiving further communications within a reasonable time-frame.

You can opt out of receiving targeted advertising derived from your viewing habits by selecting from your browser?s privacy or security settings to reject, delete or block (as the case may be) the cookies or web beacons used by us in order to conduct such targeted marketing.

Cater Plus will only ever contact you if you have consented to this, and you can ask to be removed from our marketing lists, at any time by contacting us directly.

If you do not wish to be contacted by DH Supermarket Henderson, please write to our Office, Cater Plus, 36A Greenmount Drive, East Tamaki, Auckland, New Zealand.

Use of Government Identifiers

Cater Plus will not use Government Identifiers, such as Medicare numbers, or a driver?s licence number as its own identifier of individuals.

Data quality and Security

We will take all reasonable steps to ensure that your personal information is stored securely and is protected from misuse and loss and from unauthorized access, modification or disclosure.

The personal information that we collect about you is stored on our database server managed by Cater Plus in New Zealand.

We have a range of systems and communication security measures, as well as the secure storage of any hard copy documents. Access to your personal information is restricted to those properly authorized to have access. They ensure documentation and reviews of applications and data sets happen regularly along with regular audits on data security and roles.

Cater Plus also has policies in place for data retention across all key areas. We keep your personal information for as long as it is required to provide you with the products you requested from us and to comply with legal requirements. If we no longer require your personal information for any purpose, including legal purposes, we will take reasonable steps to securely destroy or de-identify your personal information.

How you can access or correct your personal information

You can request access to the personal information we hold about you at any time, and we will provide you with that information unless we are prevented by law from giving it to you.

If we are unable to give you access to the information you have requested, we will give you reasons for this decision when we respond to your request.

You will not be charged for accessing your information, although we might have to charge the reasonable cost of processing your request, including photocopying, administration and postage. We will advise you of any fee payable before we process your request.

If you believe that your personal information is not accurate, complete or up to date, please contact Customer Service on the contact us page.

How you can notify us of a privacy concern or contact our Office

If you:

  • have queries, concerns or complaints about the manner in which your personal information has been collected or handled by Cater Plus; or
  • would like to request access to or correction of the personal information we hold about you;

Please contact Customer Service on the contact us page.