Terms of Use

Effective Date: 10 September 2022

 

1.   Application

1.1.     You acknowledge that by downloading, accessing and/or using any Teddy Site, you agree to be bound by these terms of use (Terms) and our Privacy Policy.
1.2.     These Terms may be altered or reviewed by Teddy at anytime, without prior notice. We will notify you of any updated Terms via the email address registered with your Account. You should check and read the current Terms carefully each time you use any Teddy Site.  If you disagree with any of these Terms, you must immediately discontinue your access to, and your use of the Services offered, via the Teddy Sites. Continued use of any Teddy Site or the Services will constitute acceptance of these Terms, as amended from time to time. If you do not understand any of these Terms, please contact us at support@teddy.nz before using any Teddy Site.

2.   Definitions

2.1.       In these Terms, the following capitalised terms have the following meanings:
(a)        Account means an account created by you via any Teddy Site as part of Registration;
(b)        Age RestrictedProducts has the meaning given in clause 7;
(c)        Order means an order for any Product or Products submitted by you via the Teddy Sites;
(d)        Products means any of the products for sale on the Teddy Site;
(e)        Privacy Policy means the Teddy privacy policy or any replacement policy available from time to time;
(f)         Register means to create an Account on the Teddy Sites and Registration has a corresponding meaning;
(g)        Restocking Fee means a fee payable where, due to you, a delivery is unable to be completed and will be at the rate displayed in our FAQs section;
(h)       Services means the operation by Teddy of the Teddy Sites through which Users can order and purchase Products from Teddy, and the delivery by Teddy of those Products to the User and Service has a corresponding meaning;
(i)        Teddy means Teddy Technologies Limited (8347326);
(j)        Teddy Mobile Application means the mobile application operated by Teddy for the purpose of facilitating the placing of Orders;
(k)       Teddy Sites means the Teddy Mobile Application, the Teddy website and any other website, mobile application, mobile site and social media pages operated by Teddy from time to time; and Users means users of the Teddy Sites, including you and User has a corresponding meaning.

3.   Availability of Services

3.1.     The Teddy Sites and the Services are intended solely for use by Users who access the Teddy Sites in New Zealand. We make no representation that the Services (or any Products subject of any Order) are available or otherwise suitable for use outside of New Zealand. Not withstanding the above, if you access the Teddy Sites or use the Services from locations outside New Zealand, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
3.2.     The Teddy Sites and the Services are for your non-commercial, personal use only and must not be used for business purposes. Commercial reproduction, sale, resale or trading of any products subject of an Order is prohibited.
3.3.     The provision of the Services and the Teddy Sites does not include the provision of any device or other necessary equipment to access the Teddy Sites or the Services or make any Orders. To use the Teddy Sites or Services or to make Orders, you will require internet connectivity. You acknowledge that the terms of agreement with your respective mobile network provider will continue to apply when using the Teddy Sites. As a result, you may be charged by the mobile network provider for access to network connection services while accessing the Teddy Sites. You accept responsibility for any such charges that arise. If you are not the bill payer for the device being used to access the Teddy Sites, you will be assumed to have received permission from the bill payer for using the Teddy Sites (including downloading the Teddy Mobile Application and making any payment for Orders via the Teddy Sites).
3.4.     A User must be 18 years of age or older to create an Account with Teddy and to use our Services.

4.   Registration

4.1.     You must Register to place Orders and to access and use other Services via the TeddySites. In order to Register you will be required to provide us with personal information including, without limitation, your name, a valid email address, mobile phone number and a delivery address. This information will be stored securely and used in accordance with our Privacy Policy.
4.2.     You warrant that all information provided on Registration and contained as part of your Account is true, complete and accurate and that you will promptly inform us of any change to such information by updating the information in yourAccount.
4.3.     By registering an Account with us, you agree to receive email and/or text message communications from us about offers and other advertising and promotional materials we believe may interest you. You can modify or opt out of receiving these communications at any time by customising your notifications or clicking the unsubscribe link in the communication.
4.4.     We are not liable for any unauthorised use of your Account. You agree not to use or permit anyone else to use the Services or your Account:
(a)       for a purpose other than which we have designed or intended the Teddy Sites or the Services to be used;
(b)       to attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan);
(c)        to extract data from or hack into the Teddy Sites;
(d)       to reverse engineer or attempt to reverse engineer the Services or the Teddy Sites;
(e)       to perform or attempt to perform any actions that would interfere with the normal operation of the Services of the Teddy Sites or affect use of the Services or the Teddy Sites by our other users;
(f)         to impose an unreasonable or disproportionately large load on the Service; or
(g)       for any fraudulent or unlawful purpose.
4.5.     We reserve the right to suspend or terminate your access to your Account and/or the Teddy Sites where we consider that you are using the Services and/or your Account in breach of these Terms.

5.   Use of Services and Ordering

5.1.      The Teddy Sites identify and makes available to you Products to order from Teddy, based on your delivery address location. [You will need to enter your location or postcode into the Teddy Site or may choose to share your device's GPS location. Once you confirm your delivery address you will only be shown products available for delivery to your chosen address.]

5.2.     You will have the ability to amend your Order up until the point at which your Order is placed by clicking the pay button on the order summary page. You may not amend or cancel your Order after this point.

5.3.     By placing an Order, you acknowledge that the Order is subject to these Terms. Any attempted Order not consistent with these Terms maybe disallowed or rendered void at our discretion.

5.4.     You agree to receive pre-programmed notifications on the Teddy Sites if you have turned on location-access for any Teddy Site on your devices (as the case may be).

5.5.     The price of any Order and delivery or any other charges shown on the Teddy Sites are in New Zealand dollars unless expressly stated otherwise and include GST.

5.6.     It is your responsibility to ensure that any Order placed through the Teddy Site meets your specific requirements, including any dietary requirements, before placing an Order.

5.7.      By placing an Order via the Teddy Site, you will be required to immediately pay for the Order by credit card or debit card. If your credit card or debit card payment is declined by your financial institution, your Order will not be completed.

5.8.      We reserve the right to either cancel an Order where the Order placed consists of an unreasonably excessive quantity of Products or to deliver the Order across multiple deliveries and delivery fees.

6.   Delivery

6.1.     Areas we deliver to are shown on the Teddy Site. Once you have chosen your delivery address, the Teddy Site will confirm if delivery is available to that address.
6.2.     You may choose from delivery options available which will provide estimated delivery time. Delivery times are an estimate only and subject to deliverer availability in your area, weather, traffic or other factors impacting our ability to deliver including any restrictions imposed by applicable laws, regulations or mandates.
6.3.     We will deliver to the delivery address you specified in your Order. Delivery address cannot be changed once the Order has been placed.
You must ensure that the delivery address is safe and accessible to the deliverer. If the deliverer is unable to deliver the Products to you due to, in the deliverer's reasonable opinion, the delivery address being unsafe or inaccessible, the delivery will not be made [and we will contact you to make alternative arrangements].
If we are unable to complete the delivery due to reasons caused by you, we reserve the right to withhold delivery and charge you for your Order and delivery fee. Reasons we may be unable to complete a delivery, caused by you may include, without limitation:
(a)       You did not answer the door; or
(b)       You did not answer your phone when the deliverer attempted to contact you; or
(c)        You did not provide access to the delivery address within a reasonable amount of time and the deliver was unable to find a safe and secure item to leave your Products; or
(d)       The delivery address was not safe or accessible, in the reasonable opinion of the deliverer; or
(e)       The deliverer was unable to verify your age to deliver age restricted products to you.
If no one is present to receive the delivery, provided it is safe to do so and your Order does not contain any Age Restricted Products, your Order will be left at the delivery address and deemed to have been delivered.
Please contact us at support@teddy.nz if you have any concerns regarding the delivery of your Order.

7.   Age restricted products

7.1.      If your Order consists of any products that bylaw may only be sold to persons over the age of 18 (Age Restricted Products), such as alcohol, tobacco or vaping products, you warrant that you are over the age of 18 and legally entitled to purchase such products.
7.2.      You agree that you, as the person who placed an Order consisting of Age Restricted Products, will accept the delivery in person and be able to provide valid photo ID proving you are 18 years of age or older.
7.3.      If no person is present to accept delivery or the deliver has reasonable grounds to believe that the person present to accept delivery is under 18 years of age, we may refuse to complete delivery at our discretion. If delivery is not able to be completed in accordance with this clause, we reserve the right to charge you a Restocking Fee.

8.   Method of payment

8.1.     You must make payment for your Order by direct debit, credit card, voucher or account credit. We are unable to accept any other form of payment, including cash or EFTPOS.
8.2.     The processing of payments will be performed by our PCI compliant third party payment provider Shopify.

9.   Pricing changes

9.1.     Pricing for Products, delivery fees and service fees is subject to change from time to time. The price payable for the Order shall be displayed at the time you submit your Order.
9.2.     If there is a variation to the Order, such as if any Products are unable to be supplied, then the price payable for the Order will be adjusted accordingly.

10.   Vouchers and promotions

10.1.     From time to time we may make available special offers, discount codes or promotions. Any deductions for advertised special offers or promotions will be applied at the checkout prior to payment. [Terms and conditions for each promotion can be found on our promotions page.]
10.2.     Vouchers may be used to make payment or part payment.
10.3.     You can redeem a voucher when placing an Order by entering the voucher code at the point you place an Order on a Teddy Site.
10.4.     Vouchers may be subject to certain conditions, such as time limits, geographic limits, limited to certain Products, minimum order value, or limited to particular categories of customer (for example, new customers). Any conditions associated with a voucher will be stated at the time we offer the voucher.
10.5.     If your Order does not meet any applicable conditions of a voucher, you will not be able to redeem that voucher against that Order. You will be notified when you enter your voucher code if it is unable to be applied against your Order. You may then choose to either amend or cancel your Order, or proceed with an alternative payment method.
10.6.     Each voucher may only be used once and only one voucher may be redeemed per Order.
10.7.     Vouchers cannot be redeemed in conjunction with any other offer.
10.8.     Vouchers cannot be exchanged or refunded, subject to New Zealand consumer law.
10.9.     You may not redeem any vouchers or discount codes on Age Restricted Products.

11.   Product quality

11.1.     You have rights under the Consumer Guarantees Act 1993 (CGA) to receive products that are of acceptable quality and match their description.
11.2.     If you receive a Product that is not of acceptable quality or does not match the description on the Teddy Sites please contact us for assistance. We may require photographic evidence of the Product to assist us in assessing the issue.
11.3.     If we agree that a Product delivered to you was of unacceptable quality or did not match its description, we will, subject to any rights you have under the CGA, either provide you with a replacement Product or refund you.

12.   Product information

12.1.     Any product information, including ingredients, allergens and nutritional information, listed on any Teddy Site is intended asa guide only and subject to change from time to time. For any information about a product, carefully check the label and packaging or contact the Product manufacturer. If a Product is delivered and has labelling information that does not match the product information listed on the Teddy Site, please contact us for a refund or replacement.
12.2.     We reserve the right to make corrections and changes to any Teddy Site at any time without notice (including to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms).
12.3.     We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or any Teddy Site will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us at support@teddy.nz  

13.   Links to and from other websites

13.1.     Any links to other websites are provided for convenience only. Teddy has no control over and makes no representations about, and does not accept responsibility for the content, availability, accuracy or use of any other website. Be aware that other websites are not covered by this Privacy Policy and the third parties responsible for them may not follow the same privacy practices as Teddy. If you use any link to access a third party website you do so entirely at your own risk and should check the terms and conditions applicable to those websites before using them.

14.   Intellectual property rights

14.1.      Teddy or its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the Teddy Sites, the Services, all other services and deliverables we provide to you, and the skills, know-how and methodologies used or acquired by us during the course of providing any Services (including any improvements or knowledge developed by us while performing the Services(the Teddy IP). Teddy reserves all rights in the Teddy IP not expressly granted to you in this Agreement.
14.2.      You are granted a nonexclusive and nontransferable licence to electronically access and use the Teddy IP only in the manner described in this Agreement. Teddy does not sell to you, and you do not have the right to sublicence, the Teddy IP. We may make updates to the Teddy IP or new Services available to you automatically as electronically published by us, but we may require action on your part before you may use the Teddy IP or new Services (including your acceptance of new or additional terms). Teddy may revoke or terminate this licence at any time if you use any Teddy IP in a manner prohibited by this Agreement.
14.3.      You may not do or attempt to:
(a)       claim or register ownership of Teddy IP on your behalf or on behalf of others;
(b)       sublicence any rights in Teddy IP granted by us; or
(c)        use TeddyIP in a manner that violates this Agreement or any law.

15.   Suspension or termination of access

15.1.     We reserve the right to prevent you using any Teddy Site and the Service (or any part of them) and to prevent you from making anyRedemptions at any time.
15.2.     Without limiting clause 8.1, if you use (or anyone other than you, with your permission uses) the Teddy Sites, any Services in contravention of these Terms, we may terminate your Account or suspend your use of the Services and/or the Teddy Sites.
15.3.     Our rights under this clause 8 will not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

16.   Limitation of liability

16.1.     The Teddy Sites, the Services, the information on the Teddy Sites and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied.
16.2.     To the fullest extent permitted by law, we exclude all responsibility and liability whether in contract, tort (including negligence) or otherwise for any loss or damage however caused (whether direct, indirect, consequential, special or loss of profits) in relation to:
(a)       the Teddy Sites and their content (including in relation to any inaccuracies or omissions, warranties of merchantability, quality, fitness for a particular purpose, accuracy or availability);
(b)       any third party content (including without limitation any errors or misstatements); or
(c)        any Offer or any Products and services subject of anyOffer.
16.3.     We do not warrant that the Teddy Sites will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Teddy Sites will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities. Notwithstanding that we will try to allow uninterrupted access to the Services and the Teddy Sites, access to the Services and the Teddy Sites may be suspended, restricted or terminated at any time.
16.4.     To the extent permitted by law, we will not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from orin connection with the Teddy Sites or the Services or your access to, use of or inability to use the Teddy Sites or the Services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
16.5.     To the extent permitted by law, we will not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Teddy Sites and these Terms. For the purposes of these Terms, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
16.6.     You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of:
(a)       your use of the Teddy Sites or the Services;
(b)       any other party’s use of the Teddy Sites or theServices using your Account; and/or
(c)        your breach of any of these Terms,
and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.

17.   General

17.1.     We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Teddy Sites from time to time. Your access to the Teddy Sites and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can.
17.2.     Nothing in these Terms will be deemed to create a partnership, joint venture, employment relationship or agency between the parties. No party has any authority to bind another party, unless expressly permitted to in these Terms.
17.3.     Any unlawful or voidable provision in these Terms will be severed from these Terms without affecting the validity, legality or enforceability of the remaining provisions.
17.4.     No failure or delay by us in insisting on the strict performance of these Terms or to exercise any right under these Terms will operate as a waiver of those matters. A waiver will not be effective unless it is in writing and a waiver of a particular breach will not be a waiver of any other breach.
17.5.     You may not assign this Agreement, any rights or licences granted in this Agreement, or operation of your User Account to others without our prior written consent. If you wish to make such an assignment, please contact us. If we consent to the assignment, the assignee agrees to assume all of your rights and obligations owed by you related to the assignment, and must agree to comply with the terms of this Agreement. Teddy may assign this Agreement without your consent or any other restriction. If we make an assignment, we will provide reasonable notice to you.
17.6.     These Terms are governed by New Zealand law and theNew Zealand Courts have non-exclusive jurisdiction over any matter in connection with the Teddy Sites, the Services or these Terms.

If you have any questions or concerns in relation to the Teddy Sites, the Services or these Terms, please contact us at support@teddy.nz.