Terms & Conditions

 

  1. Agreement

Welcome to the terms of service for the Swoon Food Program website and any associated services. These terms of service are an agreement (“Agreement”) between, Swoon Food Ltd, the owner and operator of https://www.swoonfood.com/ ( “Site”), any Swoon Food services (“Service(s)”) and you (“you”, “your” or “user(s)”), a user of the Site and Services.

Throughout this Agreement, the words “Swoon Food,” “us,” “we,” and “our,” refer to our company, Swoon Food Ltd and the Site or any Services, as is appropriate in the context of the use of the words.

By using our Site or any Services you agree to be bound by this Agreement and the Privacy Policy. We may amend this Agreement and the Privacy Policy and will notify you when we do so. If you do not agree to this Agreement or the Privacy Policy please cease using our Site and Service immediately.

Users must be 18 years or older to purchase any of our products or Services from our Site.

  1. Statements are not medical advice
  • All content created by Swoon Food is for informational and educational purposes only. The content and information is, by its nature, generalised and is not personalised advice.
  • Although we in good faith believe that the information and content on the Site provided will help you live a healthier life, using our Services and/or products do not guarantee to give you the outcomes or results that you intend or desire.
  • None of the Services, content or products offered on the Swoon Food Site are intended to diagnose, treat, alleviate or relieve any medical or health conditions nor are they intended as a substitute for the advice provided by your doctor or other healthcare professional.
  • Before using any of the Services, products or other information on the Site, you should seek appropriate personal advice from your doctor or healthcare professional, in particular if you have (or suspect that you may have) any existing medical conditions or are taking any medication
  • If you have or suspect that you have a medical problem, promptly contact your doctor or healthcare professional.
  • Never disregard, avoid, or delay obtaining medical advice from your doctor or healthcare professional due to anything you have read on the Site.
  • If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek appropriate medical advice or attention immediately.
  • Any statements listed on our Site or Service have not been evaluated by any doctor, healthcare professional or other agencies.
  1. Nutritional Information

Nutritional information provided on the Swoon Food website is based on publically available information. Before relying on any nutritional information on this Site, you should carefully evaluate the accuracy, completeness and suitability of this information for your personal purposes and health situation. We do not give any warranty that the information is free from error or suitable for your purposes. While we will endeavour to keep the information on the Site up to date, we do not guarantee that it will always be up to date.

  1. Testimonials

Any testimonials on the Site represent the feedback received from individuals. Please be aware that results may vary and your experience may not be similar to the experience of the user testimonials. Any testimonials on the Site are not a guarantee of a particular outcome or experience.

  1. User Accounts

Swoon Food may assign you a password and account information in order to enable you to access and use certain portions of this Site. Whenever you access the Site, you agree that your access and use of the Site is subject to this Agreement. Swoon Food has no obligation to investigate the authorization or source of any access to or use of the Site.

You will be solely responsible for all access to and use of this Site by anyone using the password and/or account assigned to you, whether or not such access or use is actually authorized by you, including without limitation, being responsible for all communications and transmissions and all obligations (including financial obligations) incurred through such access or use.

You are solely responsible for protecting the security and confidentiality of the password and account information assigned to you. You shall immediately notify Swoon Food of any unauthorized use of your password or account information or any other breach or threatened breach of this Site’s security.

  1. Payment

In order to purchase any products or services from Swoon Food, you will be required to provide your credit card information. Please be aware that all credit card information may be shared with our third party payment processors, such as PayPal and/or Stripe. By ordering a product or service from Swoon Food, you agree that we may charge you the price listed at the checkout screen on our Site. If you have any issues with payment do not hesitate to contact us at info@swoonfood.com

The prices for services provided under this Agreement will set out on the Site at the time you make a purchase.

All prices are in United States dollars unless otherwise stated and are inclusive of New Zealand GST. All prices are subject to change at the discretion of Swoon Food.

  1. GST and Taxes

Words or expressions used in this clause that are defined in the Goods and Services Tax Act 1985 (Act) have the same meaning given to them in that Act;

Unless otherwise stated, any amount specified in this Agreement or the Site as the consideration payable for any taxable supply includes GST (if any) payable in respect of that supply;

Each party agrees to do all things, including providing valid tax invoices and other documentation that may be necessary or desirable to enable or assist the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable in respect of any supply made under or in connection with this Agreement.

If there are any taxes other than GST in New Zealand which are applicable to the Services or any purchase from the Site, you agree that you will be responsible for the payment of such taxes and that we may charge you such taxes if we are required to pay the same. You also agree that we are not responsible for providing you with advice in regards to your tax liabilities.

  1. Refunds and Cancellations

The Swoon Food Program is non-refundable.

  1. Contact Information

If you have any questions or concerns about an order or any questions about Swoon Food products or Services please do not hesitate to contact us. You may contact us by email at info@swoonfood.com

  1. Changes to the Site and the Services

We reserve the right to alter, update, or remove any part of the Site or our Services at any time at our sole discretion. Where practicable, we will endeavour to give notice of any major alteration or update on the Site. For example, we may provide updates to fix security flaws, or respond to legal matters. Please note that this is an example of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to alter or update the Site or the Services for security, legal or any other purposes.

  1. Your License

We make our Service available to you through our Site. When we receive valid payment from you, we grant you a non-transferrable, non-exclusive, revocable, limited license to use our Services and to access our Site for the period of time specified on the Site. This means you may not resell our Service anywhere else, share your license to use our Service with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Services. Upon the expiry of the period specified on the Site, your license to use the Services and to access the Site will terminate.

This license may be terminated by us if you violate any provisions listed in this Agreement or our Privacy Policy. Additionally, this license may be terminated if you are engaged in any activities that may damage the rights or reputation of Swoon Food or if your activities are in violation of any applicable laws. Please be aware that if we terminate this license, you must cease using the Services and the Site and pay to us all outstanding amounts owed by (if any). If you wish to terminate this license please simply stop using the Site and our Service or notify us in writing.

  1. Use of the Swoon Food Site and Services

You are responsible for your use of the Site and the Services, and for any use made using your password or account information. You also agree that your use of the Site and the Services is for personal non-commercial use. You agree not to access, copy, or otherwise use any part of the Site or the Services, including any intellectual property and trademarks, except as authorized by this Agreement . You also agree:

  • You will not copy, distribute or disclose any part of the Site or the Services in any medium, including without limitation by any automated or non-automated “scraping”;
  • You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or the Services;
  • You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our network or infrastructure;
  • You will not collect or harvest any personally identifiable information, including account names, from the Site or the Services;
  • You agree not to stalk, harass, bully or harm another person who uses the Site or the Services;
  • You agree not to upload, post, transmit or otherwise make available any material that:
    •  is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
    •  includes an image or personal information of another person unless you have their consent;
    •  you know or suspect, or should reasonably know or suspect, to be unlawful, fraudulent, false, misleading or deceptive;
    •  contains large amounts of untargeted, unwanted or repetitive content; or
    •  contains financial, legal, medical or other professional advice.
  • You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
  • You agree not to violate any requirements, procedures, policies or regulations of networks connected to the Site;
  • You agree not to interfere with or disrupt the Site or the Services and not to hack, spam or phish us or any other users;
  • You agree to provide truthful and accurate content;
  • You agree to not violate any law, legal requirement or ;
  • You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a third party’s website, such as by requesting its removal from a search engine;
  • You will not upload any content to the Site that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it. If you believe that a user has breached any of the above conditions, please contact us at info@swoonfood.com.
  • We reserve the right to refuse service, block or suspend any user of the website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the website by any user, without prior notice.
  • By uploading, transmitting, posting or otherwise making available any material via the website, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Act 1994.
  • We are not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the website by any person other than us. We do not endorse any opinion, advice or statement made by any person other than us.
  1. Indemnity by you

You agree to indemnify Swoon Food and each of our officers, employees and agents in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by any of them arising out of the breach of or failure to comply with this Agreement

  1. Site Availability

We will use our best efforts to provide access to the Site, however, we do not guarantee that the Site will always be available, work, or be accessible at any particular time. .

  1. Swoon Food Intellectual Property Rights

The design of the Site and the Services, along with any text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Swoon Food, subject to copyright and other intellectual property rights under New Zealand and applicable foreign laws and international conventions. Swoon Food reserves all rights not expressly granted in and to the Service and the Site.

  1. Linking and Third Party Content
  • You must not frame, reformat, replicate or mirror any part of the website, or use any data mining robots or other extraction tools in relation to the website, without our prior written authorisation.
  • You may link to our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents, including any intellectual property notices. At our request, you must immediately remove any link to our website.
  • The website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct, including privacy compliance. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk including but not limited to the risk that your computer, software or data may be damaged by any virus, worm, Trojan horse and/or malware transmitted by or through the Site or by any Third Party Content or Third Party Website.
  1. Disclaimers and Limitations

Your use of this Site is at your risk. The information, materials and services provided on or through the Site and the Services are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property…

To the maximum extent permitted at law and whether arising in contract, tort (including negligence), under statute or otherwise:

  • Swoon Food and its officers, employees and agents will not be liable for any loss, damage or liability suffered or incurred by you arising in connection with the Services or the use of the Site;
  • Swoon Food and its officers, employees and agents exclude all warranties of any kind, either express or implied, including, any implied warranties with respect to the Site and the Services listed or purchased on or through this Site;
  • Swoon Food and its officers, employees and agents will not be liable to you or anyone else for any loss or damage suffered by you or any other person that is indirect, consequential or special, including but not limited to loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, loss of use, loss of interest, damage to credit rating or loss or denial of opportunity arising in connection with the Services or the Site;
  • If, however, Swoon Food or its officers, employees and agents is held liable to you, our maximum aggregate liability for any loss, damage or liability will be limited to the smallest amount permitted at law.

The limitations and exclusions above do not apply to the extent prohibited by the Consumer Guarantees Act in New Zealand or any other applicable statute or law.

  1. Privacy and Child Protection

Swoon Food respects the privacy of its users in accordance with the terms of the Swoon Food Privacy Policy, which is available via the Site. Swoon Food reserves the right to monitor the Site and to disclose any information recorded or posted on, submitted to or transmitted through the site to the extent, in its sole discretion, deems such disclosure necessary or appropriate (i) to comply with any law, regulation, subpoena or government request, (ii) to operate the site, or (iii) to protect the rights or property of Swoon Food.

  1. Choice of Law

This Agreement shall be governed by the laws in force in the state of New Zealand. The offer and acceptance of this contract is deemed to have occurred in New Zealand.

  1. Jurisdiction

You agree that any dispute arising from or in connection with the Services, the Site or this Agreement will be heard exclusively by a court of competent jurisdiction in New Zealand.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable legal fees, court costs, and disbursements in doing so.

  1. Severability and Entire Agreement

If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, it is severed from this Agreement. Any reading down or severance does not affect the validity and enforceability of the remaining provisions in that jurisdiction or the validity and enforceability of the offending provision in any other jurisdiction.

This Agreement is deemed to be the entire Agreement between you and Swoon Food.

  1. Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

  1. Survival

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, indemnity, disclaimers and limitations of liability.

  1. Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

  1. Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using the Site and the Services.

  1. Electronic Communications

The communications between you and Swoon Food use electronic means, whether you visit the Site or send Swoon Food e-mails, or whether Swoon Food posts notices on the Site or communications with you via e-mail. You (1) consent to receive communications from Swoon Food in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Swoon Food provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.