Important Items
These points are included in the full terms below. We've highlighted the important items here
-- By subscribing to Homegrown you are agreeing to all conditions set out below. --
SUBSCRIPTIONS
Homegrown is a subscription service. We deliver until you tell us not to.
You can adjust your subscription at any time. There is no minimum term. You can choose a weekly, fortnightly, monthly subscription, or choose a one-off delivery.
The cut-off time for subscription adjustments (pauses, cancellations, order restarts, address and box type changes) varies by Delivery Areas and are as follows:
Tuesday delivery: 10:00am Sunday cut-off. Automatic payment 10:00am Sunday.
Delivery area: Waitarere, Levin, Foxton and South West Wellington (Newlands, Oriental Bay, Te Aro, Mount cook, Mount Victoria, Newtown, Berhampore, Vogeltown, Kingston, Owhiro Bay, Melrose, Houghton Bay, Southgate and Island Bay)
Wednesday delivery: 10:00am Monday cut-off. Automatic payment 10:00am Sunday
Delivery area: Palmerston North, South East Wellington (Roseneath, Hataitai, Kilbirnie, Lyall Bay, Oriental Bay, Maupuia, Karaka Bays, Strathmore Park, Moa Point, Rongotai, Miramar, Breaker Bay and Seatoun)
Thursday delivery: 10:00am Tuesday cut-off. Automatic payment 10:00am Tuesday.
Delivery area: Kapiti to Porirua, North Wellington (Porirua to Crofton Downs, includes Titahi Bay, Tawa, Glenside, Churton Park, Woodridge, Johnsonville, Broadmeadows, Khandallah and Ngaio.
Friday delivery: 10:00am Wednesday cut-off. Automatic payment 10:00am Wednesday.
Delivery area: North West Wellington (Thorndon, Kelburn, Wadestown, Wilton, Northland, Highbury, Karori, Aro Valley and Brooklyn)
Saturday delivery: 10:00am Thursday cut-off. Automatic payment 10:00am Thursday.
Delivery area: Hutt Valley (Lower Hutt, Naenae, Silverstream, Upper Hutt, Wainuiomata and Suburbs) and Eastbourne, Petone and Western Side of Hutt Valley (Eastbourne, Belmont, Harbour View, Kelson, Korokoro, Maungaraki, Normandale, Petone, Tirohanga)
- All cut-off times are communicated in your account and order summary. Updates to your account and order must be submitted by the above times, at 10:00am, 2 days prior to your next delivery.
The boxes are updated each week on Friday at 1pm. If you would like to swap out any of the box items do so from Friday 1pm up until your cut off time.
DELIVERY
- You must live in our Delivery Area to order.
- Please take care when specifying your delivery address as refunds will not be given if you enter an address incorrectly.
- Delivery windows vary by location. If you will not be home please make an alternative arrangement and leave specific delivery instructions on your account Contact Details for our drivers to follow.
- Ownership of the products will transfer to you once we have delivered in accordance with your delivery instructions.
- We cannot commit to a smaller delivery window. We will try to accommodate, but cannot guarantee special requests.
This page (together with the documents referred to on it) tells the customer (you/your) the terms and conditions (Terms and Conditions) on which Homegrown (we/our/us) will supply to you the products (Products) listed on our website www.homegrown.kiwi (Site), via one of our subscription services (Services). Please read these Terms and Conditions carefully before ordering any Products from the Site or subscribing to one of our Services. You should understand that by ordering any of our Products or subscribing to one of our Services, you agree to be bound by these Terms and Conditions and any policies stated on the Site. We reserve the right to amend these Terms and Conditions and any policies at any time and your use of the Site following any amendments will represent your agreement to be bound by these Terms and Conditions and policies as amended. We therefore recommend that each time you access the Site you read these Terms and Conditions and policies. By confirming your order and saving your payment details. Please understand that if you do not accept these Terms and Conditions, you will not be able to order any Products from the Site.
1. INFORMATION ABOUT US
1.1 We operate the Site located at www.homegrown.kiwi We are Homegrown (NZBN 9429049291704) trading as Homegrown.
2. SERVICE AVAILABILITY
2.1 The Site is only intended for use by people residing in nominated areas of New Zealand (Delivery Areas). We do not accept orders from individuals outside those Delivery Areas. Customers must provide a valid email address and credit card for all orders accepted online.
3. YOUR STATUS
3.1 By placing an order through our site, you warrant that:
- You are legally capable of entering into binding contracts; and
- You are at least 18 years old; and
- You are resident in one of the Delivery Areas
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After completing the subscription or order process on the Site, you will receive an email from us acknowledging that we have received your completed order (Order) 2 days before your order payment/cut-off.
4.2 An Order will relate only to the Product or Service you have ordered or subscribed to. Each Order that we accept results in a separate binding agreement between you and us for the supply of those Products or Service. For each Order accepted by us, we will supply the Products or Service in that Order to you in accordance with these Terms and Conditions.
5. ACCEPTANCE OR REJECTION OF AN ORDER
5.1 We reserve the right to accept or reject an Order for any reason, including if the requested Product is not available or if there is an error in the price or the Product description posted on the Site or in an Order.
5.2 If we reject an Order, we will do our best to notify you of that rejection at the time you place an Order or within 7 days after you submit an Order.
5.3 You are not permitted to purchase any items for resale to a third party or for trade purposes unless we have come to an agreement that says otherwise. If we have a concern with the quantity of item/s you have ordered, we will endeavour to contact you when you place an Order or within 7 days after you submit an Order.
5.4 If we refuse an Order on or prior to delivery but after our relevant weekly order cut-off, a full refund, less any discounts, will be made within 10 Business Days.
6. SUBSCRIPTION SERVICES
6.1 When you place an Order for a subscription Product, you enter into an agreement to receive the Product on an ongoing basis. You will be charged for your first order at 10:00am on your Cut-Off day. Subsequent recurring orders will be charged following the relevant weekly Order Cut-Off, without further authorisation from you, unless you have cancelled, paused or otherwise modified your subscription or delivery preferences as outlined in these Terms and Conditions.
6.2 By subscribing to the Services, you are agreeing to receive our Product on a recurring basis for an indefinite period until paused or cancelled by you or us as set out in these Terms and Conditions. The subscription amount and billing interval are set out on the order confirmation, order summary, and order history of the site, but the subscription amount (price) is subject to change before Cut-Off as set out in these Terms and Conditions in section 9.
6.3 You can cancel, pause, and otherwise amend your subscription at any time without the need to receive further Products from us provided that your adjustment request is received through your account or by contacting us directly, before your relevant Cut-Off. You will not be charged a cancellation fee provided you amend your subscription before your relevant Cut-Off. You can re-subscribe at any time following your cancellation.
6.4 We reserve the right to terminate your subscription at our reasonable discretion at any time and without giving any reasons for our decision.
7. SUBSCRIPTION MANAGEMENT
7.1 There is no minimum term.
7.2 Subscription cancellation and adjustment requests must be received through My Orders on your Homegrown account or by contacting us directly and by the Cut-Offs for your delivery area outlined below. These may include phone, email, and online account management.
Tuesday delivery: 10:00am Sunday cut-off. Automatic payment 10:00am Sunday.
Delivery area: Waitarere, Levin, Foxton and South West Wellington (Newlands, Oriental Bay, Te Aro, Mount cook, Mount Victoria, Newtown, Berhampore, Vogeltown, Kingston, Owhiro Bay, Melrose, Houghton Bay, Southgate and Island Bay)
Wednesday delivery: 10:00am Monday cut-off. Automatic payment 10:00am Sunday
Delivery area: Palmerston North, South East Wellington (Roseneath, Hataitai, Kilbirnie, Lyall Bay, Oriental Bay, Maupuia, Karaka Bays, Strathmore Park, Moa Point, Rongotai, Miramar, Breaker Bay and Seatoun)
Thursday delivery: 10:00am Tuesday cut-off. Automatic payment 10:00am Tuesday.
Delivery area: Kapiti to Porirua, North Wellington (Porirua to Crofton Downs, includes Titahi Bay, Tawa, Glenside, Churton Park, Woodridge, Johnsonville, Broadmeadows, Khandallah and Ngaio.
Friday delivery: 10:00am Wednesday cut-off. Automatic payment 10:00am Wednesday.
Delivery area: North West Wellington (Thorndon, Kelburn, Wadestown, Wilton, Northland, Highbury, Karori, Aro Valley and Brooklyn)
Saturday delivery: 10:00am Thursday cut-off. Automatic payment 10:00am Thursday.
Delivery area: Hutt Valley (Lower Hutt, Naenae, Silverstream, Upper Hutt, Wainuiomata and Suburbs) and Eastbourne, Petone and Western Side of Hutt Valley (Eastbourne, Belmont, Harbour View, Kelson, Korokoro, Maungaraki, Normandale, Petone, Tirohanga)
7.3 The cut-off for subscription adjustments (including pauses, cancellations, order restarts, address and box type changes) varies by region and contact medium and are as follows:
- All cut-off times are communicated in local time. Updates to your account must be submitted by 10am two days before your next delivery.
Region: North Island & South Island
Online or App based Acct Mgt: 10:00am two days prior to your next scheduled delivery day.
7.4 You will be liable for all orders in the upcoming two day period that you had committed to at order cut-off.
7.5 You may cancel an Order at any time after first placing an Order by visiting www.homegrown.kiwi provided it is prior to the relevant weekly Order Cut-Off. If you wish to cancel an Order after the Order cut-off for the upcoming delivery week, we have no obligation to cancel an Order and/or refund you any money. If we choose to cancel and refund your order after your Order Cut-Off, we will charge a transaction fee. Within 12 hours after your 10.00am cut off time this will be $25.00. Wishing to cancel after this 12 hours will incur the full charge of your order.
8. CHANGE OF DETAILS
8.1 Changes to address details and/or delivery instructions must be communicated via the methods and by the cut-offs outlined in these Terms and Conditions.
8.2 We are not liable for any charges you incur as a result of out of date payment information. If we incur an expense due to incorrect payment information provided by you, we reserve the right to seek reimbursement from you for such expense.
9. PRICE
9.1 From time to time we may need to revise the price of the Products which includes our Extra items and Boxes. The price of confirmed subscription Services (Homegrown Boxes) are subject to change. We will notify you on our Site and by email at least 6 days before subscription Service price change commences. You do not need to do anything to accept the change of price. You are under no obligation to accept the price revision and may suspend or deactivate the Services before Products are delivered under the new pricing plan. It is your responsibility to check your Subscription each week to determine if you want to receive our Products.
9.2 Box Service price change notification: If we need to revise the price of all Boxes we will notify our customers to the best of our ability. We will email our customers notification of the box price change. We can not be held responsible for you not receiving notification if you have unsubscribed, not subscribed, or blocked our emails. We will also include printed notification of the price change in all boxes ordered 2 weeks preceding the price change.
9.3 Extra Products price change: If we need to change the price of Extras we will not notify all customers as Extra prices can change every day due to weather and supply chain influence.
9.4 The current prices of the Products and our delivery charges will be as quoted on the Site, as updated from time to time.
9.5 Product prices include delivery charges and taxes including GST where applicable.
10. PAYMENT
10.1 Payment for all Products and Services must be by credit or debit card or any other payment method listed on the online checkout page of the Site.
10.2 Orders will be charged to your nominated payment method.
(a) (a) It is your responsibility to ensure your accepted payment method details are valid and up to date. We accept Visa, MasterCard, American Express Cards and PayPal.
(b) It is your responsibility to ensure that sufficient funds are available at the time of payment processing.
10.3 Storage of Collected Information
(a) Homegrown does not collect or store payment information. All payment information is collected and stored by the applicable third-party in order to be processed as required. We never permanently store complete debit/credit card details.
(b) All online debit/credit card transactions performed on this Site are through secured payment gateways. We currently use the Stripe Payments API for our online payment transactions.
(c) Complete debit/credit card details cannot be viewed by Homegrown or any outside party.
(d) Payments will appear on your bank statement as “HOMEGROWN” or “Homegrown Vege”
10.4 Failed payments
(a) Payment failures may be due to insufficient funds, incorrect or outdated payment information, and transaction disputes.
(b) If we are unable to debit your payment method your Product may still be dispatched and the sale will be deemed to have occurred.
(c) In such instances Homegrown will re-attempt the payment process. We reserve the right to re-attempt payment on the nominated payment method to recover any outstanding amounts.
(d) In the event that payment re-attempts are unsuccessful we reserve the right to recover the debt through alternative means, either directly or through a third-party.
(e) We reserve the right to suspend or terminate future deliveries when payments are outstanding.
10.5 Extra fees
(a) If you fail to settle outstanding amounts within ten days of the order cut-off date a late payment fee may apply.
10.6 Debt collection
(a) You acknowledge that we may pursue and attempt to collect any outstanding amounts as a result of any declined and outstanding payments on your account. You agree and allow us to contact you to discuss those failed payments.
(b) If we are unable to receive or gain any satisfactory guarantee for payment, your name, contact information, and order details may be referred to an external debt collection agency. You will be liable for any fees or charges incurred as a result of this referral.
10.7 Suspected fraud accounts
(a) We reserve the right to investigate all accounts where we suspect incorrect or fraudulent activity occurred.
(b) We reserve the right to terminate your order or accounts following the investigation.
11. OUR REFUNDS POLICY
11.1 If you have cancelled an Order in accordance with clause 7.5, we will process any refund due to you within 14 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges.
11.2 Our Products come with guarantees that cannot be excluded under the New Zealand Consumer Guarantees Act 1993 (the CGA). If you consider that any Products sent to you are damaged, or defective or fail to comply with any guarantees in the CGA, you can notify us and we will examine the received digital or physical evidence of the defective Product and will notify you of the outcome via email or phone call within 14 days. If your refund is approved, we will process the refund within 14 days of the day we confirmed to you that you were entitled to a refund.
11.3 If you seek a refund for any other reason, please contact us via email homegrownvege@gmail.com and we will consider each request at our reasonable discretion. We will notify you of the outcome of your refund request via email or phone call within 14 days. If your refund is approved, we will process the refund within 14 days of the day we confirmed to you that you were entitled to a refund.
11.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11.5 Please take care when specifying your delivery address as refunds will not be provided for if you enter an address incorrectly.
11.6 Please take care when ordering your box as refunds will not be provided for accidental orders.
12. DELIVERY
12.1 We only deliver to addresses within the Delivery Areas.
12.3 During the ordering process, you must enter your address and delivery instructions so we can assign your Delivery Area and Day and deliver the Order to you. You agree to provide us with complete and accurate information that we ask you to provide to enable us to fulfill an Order.
12.4 We will aim to deliver on your assigned Delivery Day. However, if an event occurs that is beyond our control, then we may not be able to do so and will not be liable to you or any other person for any such delay. In this instance, we will endeavour to provide you with notice of the delay as soon as reasonably possible and deliver your order as soon as reasonably possible.
12.5 We will deliver the Products to the front door or specified location of your nominated delivery address (Delivery Address). You must make all appropriate arrangements to assist and allow us to deliver the Products, including ensuring safe access and obtaining any prior security or other approvals which may apply to the Delivery Address.
12.6 We may require the person accepting the delivery of the Products to provide us with proof of that person's identity (including photographic identification) and, where relevant, age.
12.7 Please take care when placing your Order. We accept no liability or responsibility for incorrectly placed Orders. Nor do we accept liability or responsibility for delivery details which are incorrectly supplied, or which you fail to supply.
12.8 If you will not be at home at the expected delivery time, we recommend you nominate a cool safe place for delivery of the Products. If you do not provide a specific place for delivery, we will leave the Products at your front door. If you advise us of any specific delivery instructions in an Order, we will endeavour to comply with these instructions to the extent reasonably within our control.
12.9 You will be responsible for an Order from the time we deliver the Products in accordance with your instructions. We accept no liability or responsibility for any Product once the Product has been delivered to you.
12.10 You understand that we may need to change your delivery date and window from time to time. We will notify you as soon as reasonably possible if your delivery date and window changes for any reason.
13. VOUCHERS AND GIFT CARDS
13.1 We may offer discount promotions and other types of vouchers (Voucher) which require activation by email application in order for the holder to commence delivery of Products through a Service. If paid for, the Voucher is deemed to have been sold at the time of payment for it. These Terms and Conditions will become applicable as between us and the holder of the Voucher (Holder) when the Holder redeems the Voucher by applying for a Service to commence.
13.2 A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed, resold or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval. A Voucher is only valid on the Holder’s first Product purchase. Only one Voucher is allowed to be applied per order. A Voucher may not be used in conjunction with any other offer or credit, vouchers are always applied to an order before any credits in a customer's account.
13.3 We reserve the right to withdraw or cancel any Voucher (other than a paid up-front gift card) for any reason at any time.
13.4 Vouchers may only be redeemed through the Site and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout, over the phone, or via email with Homegrown. Use of such code will be deemed to confirm your agreement to these Terms and Conditions and any special conditions attached to the Voucher.
13.5 Any credits or discounts attached to vouchers apply to the price of the products order only.
13.6 Vouchers and Customer credits deriving from any Customer referral program are not valid if used inappropriately, such as being published on deal sites or bargain sites. We reserve the right to cancel any suspicious codes and delete credits from the sharer’s account if we become aware of inappropriate use.
14. RISK AND TITLE
14.1 The Products will be at your risk from the time of delivery to the Delivery Address or in accordance with your delivery instructions.
14.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products.
15. HOMEGROWN BOX COLLECTION
15.1 By agreeing to these Terms and Conditions you are agreeing to return all Homegrown Property which includes the wooden Homegrown Boxes, the Homegrown Chilly bags, and the Homegrown ice packs. You are responsible for leaving the Homegrown Property out to be collected by the Homegrown drivers on your next delivery. If you plan to cancel your deliveries you are responsible for ordering a “Box collection” on our website or letting us know you would like your box collected via phone, email, or online. We will come and collect any Homegrown Property on your area’s given delivery day. See 7.2 to find your area’s delivery day.
15.2 You must return Homegrown Property in good condition. You will be responsible for any damage caused to Homegrown Property. Homegrown Property is not to be used for any purpose other than the transportation and containment of Homegrown Products. You will be held responsible for any damage caused from improper use of Homegrown Property.
(a) You are obliged to return Homegrown Property in good condition. If Homegrown Property is damaged We reserve the right to charge you for the cost of the Homegrown Property (Homegrown Box: $40, Homegrown Chilly Bag: $15). If you have damaged Homegrown Property we reserve the right to refuse future service to you
(b) If Homegrown Property is not left out for collection on your next delivery or one week after you choose to cancel your order, you will receive a reminder from Homegrown to leave the Homegrown Property out for collection on your area’s normal delivery day. If you refuse to return the Homegrown Property, you will be charged for the cost of the Homegrown Property (Homegrown Box: $40, Homegrown Chilly Bag: $15). We reserve the right to refuse future service to you.
(c) Refer to 10.6 Debt Collection to learn what measures we might take in collecting your payment should you fail to return your box in good condition.
(d) Homegrown is not responsible for any harm or any liabilities caused by Homegrown Property.
16. DISCLAIMER AND LIMITATION OF LIABILITY
16.1 The following paragraphs exclude or limit our liability for your use of the Site. They all apply so far as the law permits
16.2 While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on the Site, that information is provided in good faith and on an ``as is`` and ``as available`` basis and we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information.
16.3 You acknowledge that the Products displayed on the Site are not an exact sample and are indicative only and that the Products you receive may vary from those displayed according to seasonal availability.
16.4 To the extent permitted by law, we do not represent or warrant that the Site will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system.
16.5 You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system.
16.6 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
16.7 The collection, use and disclosure of your personal information is also subject to our Privacy Policy.
16.8 To the extent permitted by law, we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use the Site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Site.
16.9 To the extent permitted by law:
(a) our total aggregate liability in connection with these Terms and Conditions is limited, at our option, to:
(i) In the case of the supply of Products:
(A) replacement or resupply of the Products; or
(B) the cost of replacing or resupplying the Products;
(ii) In the case of the supply of Services:
(A) supplying the relevant Services again; or
(B) the cost of supplying the relevant Services again, and;
(b) in any event, will not exceed the fees paid by you to us under the relevant Order.
16.10 To the extent permitted by law, under no circumstances will we be liable for any loss of profit, loss of revenue, loss of contract, loss of business opportunity, loss of reputation, loss of data or any indirect or consequential loss arising in connection with these Terms and Conditions or the Services.
16.11 Nothing in these Terms and Conditions is intended to limit your rights as a consumer under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
17. IMPORTANT NOTICE ABOUT LINKED WEBSITES
17.1 The Site may contain links to other websites (Linked Websites). Those Linked Websites are provided for convenience only and may not remain current or be maintained.
17.2 The Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent we stipulate to the contrary.
17.3 To the extent permitted by law, we accept no responsibility or liability for, and give no warranty (express or implied) of any kind in respect of, the Linked Websites and your use of them or any products or services available on or through the Linked Websites.
18. TRANSFER OF RIGHTS AND OBLIGATIONS
18.1 These Terms and Conditions are binding on you and us and on our respective successors and assignees.
18.2 You may not transfer, assign, charge or otherwise dispose of your rights or liabilities under these Terms and Conditions, or any of your rights or obligations arising under it, without our prior written consent.
18.3 We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms and Conditions, at any time without your prior consent.
19. INTELLECTUAL PROPERTY RIGHTS
19.1 We are the owner or the licensee of all intellectual property rights in the Site, whether registered or unregistered, and in the material published on it. These works are protected by copyright and other intellectual property laws and all such rights are reserved.
19.2 You may print off one copy, and may download extracts, of any pages from the Site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
19.3 If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By agreeing to these Terms and Conditions, you irrevocably authorise us to quote from your Commentary on the Site and in any advertising or social media outlets which we may create or contribute to.
20. FORCE MAJEURE EVENTS
20.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our control (Force Majeure Event).
20.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) epidemic, pandemic or other health emergency (whether declared or not); and
(g) the acts, decrees, legislation, regulations or restrictions of any government.
20.3 Our performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms and Conditions may be performed despite the Force Majeure Event.
21. PRIVACY
21.1 Our Privacy Policy is a separate document available on the Site.
21.2 We may use your contact information to send you newsletters from us and from our related companies. You may unsubscribe from those newsletters at any time by following the instructions in the email or writing to us at homegrownvege@gmail.com
22. GENERAL
22.1 These Terms and Conditions contain the entire understanding between the parties concerning the subject matter of these Terms and Conditions and supersedes all prior communications.
22.2 The relationship between you and us is that of a principal and independent contractor. Nothing in these Terms and Conditions will be taken as giving rise to a relationship of employment, agency or partnership.
22.3 Each party acknowledges that, in entering into these Terms and Conditions, neither party relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.
22.4 Our failure to enforce any provision under these Terms and Conditions will not waive our right thereafter to enforce any such provisions.
22.5 If any term or provision of these Terms and Conditions is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and Conditions and the remaining terms and conditions will be unaffected.
22.6 These Terms and Conditions are governed by and are to be construed in accordance with the laws in force in New Zealand. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New Zealand.
23. COMPETITIONS (SOCIAL MEDIA)
23.1 By participating in any competition or giveaway advertised by Homegrown on its Facebook page and/or other social media channels (the “Competition”), you confirm that you accept and agree to these competition terms.
23.2 Unless otherwise stated, the Competition is only open to active Homegrown customers. All Competitions are open to residents of your Delivery Areas.
23.3 Entrants must follow the instructions on the Competition Facebook post and/or other Social Media channel to enter this competition.
23.4 The Competition entry closing and opening dates will be specified on the Competition Facebook post and/or other Social Media channel.
23.5 Homegrown will endeavour to notify each prize winner(s) by social media, email, text or phone. However, if the winner cannot be reached within five working days, we may redraw a new prize winner without liability to any person. Homegrown reserves the right to contact the selected winners by other means.
23.6 The winner(s) will be drawn as specified by the Facebook Competition post and/or other Social Media channel. The prize winner(s) will receive the prize that is advertised on either the Facebook Competition post, the Facebook Competition photo and/or other Social Media channel.
23.7 The winner acknowledges that redemption of some prizes may require the winner to be at least 18 years of age or have parental/ guardian consent. We will let you know on our Facebook Competition post and/or other Social Media channel.
23.8 Entering the competition constitutes a winner’s consent for their content to be shared on our channels.