Terms

Welcome to Food Cruncher. The “Food Cruncher Service” means the Food Cruncher subscription service (including our website, associated user interfaces and all content and software and all other features and functionalities associated with those services) that provides subscribers with access to view and discover our Content (as defined below) streamed over the internet to Compatible Devices (as defined below).

The Food Cruncher Service is operated and provided by Food Crunch Limited, a New Zealand limited liability company, whose registered office is located at 5/36 William Pickering Driver, Rosedale, Auckland 0632, New Zealand (“Food Cruncher”, “we”, “us”, “our”).

DISPUTE RESOLUTION NOTICE: These Terms of Use contain provisions that govern how disputes between you and us are resolved, including an agreement to arbitrate, Subject to limited exceptions, this requires you to submit claims you have against us to binding and final arbitration and limit you to claim against us on an individual basis.

Acceptance of Terms of Use

You should carefully review these Terms of Use and Privacy Policy as they are a legally binding agreement between you and The Food Cruncher. If you do not agree with them, you are not permitted to access or use the Site and/or Services and you should exit the Site, cease using the Site and/or Services immediately.

Our Agreement

1. These terms of use (“Terms of Use“), along with terms specific to your Subscription provided to you at the time of signing up, set out the agreement for your access to and use of the Food Cruncher Service (together, the “Agreement”).

2. You should read this Agreement carefully, along with our privacy policy (“Privacy Policy“) and community guidelines before using the Food Cruncher Service.

3. Your use of the Food Cruncher Service means that you accept and agree to the terms of this Agreement, including any applicable policies. If you do not agree to the terms of this Agreement, please do not use the Food Cruncher Service.

Interpretation

In these Terms of Use:

1. “Compatible Devices” means certain computers and other devices with internet browsers which are compatible with use of the Food Cruncher Service. Further information on Compatible Devices can be found in the FAQs on our website;

2. “Content” means any written materials or information available to view on the Food Cruncher Service;

3. “Cronometer App” means the software, which is a third-party application, that may be licensed for download on Compatible Devices; and
   “Payment Method” means the way you pay for your subscription, for example, by credit card or direct debit.

Your Subscription

1. To access and view Content you will need to:

   1. register a Food Cruncher Service account (“Food Cruncher Account”); and

   2. purchase a Food Cruncher Service subscription (“Subscription”).

2. To be eligible to create/buy/use a Food Cruncher Account, Subscription and the Food Cruncher Service, you must:

   1. be aged 18 years (or the age of majority in your territory of residence if more than 18 years old) or above;

   2. have internet access;

   3. provide us with a current, valid, Payment Method acceptable to us (as confirmed during the online sign up process); and

   4. provide true, accurate, current and complete information about yourself, and update this information as necessary.

3. For the period of your Subscription, we grant you a limited, non-exclusive, non-transferable, non-assignable licence to access the Food Cruncher Service to view Content on a streaming-only basis. Except for this licence, no right, title or interest in the Content or Food Cruncher Service shall be transferred to you. You must not reproduce, display or exhibit the Food Cruncher Service or the Content for any commercial purpose or in any public place.

Your obligations

1. You must not, and must not allow third parties, to:

   1. attempt to copy, reproduce, publish, transmit, broadcast, archive, download (other than through caching necessary for personal use), distribute, modify, display, license, transfer, exchange, translate, create derivative works from, offer for sale, or use (except as explicitly authorised in this Agreement) content and information contained on or obtained from or through the Food Cruncher Service without express written permission from us;

   2. reproduce the Content in any form;

   3. circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Food Cruncher Service;

   4. use any robot, spider, scraper or other automated means to access the Food Cruncher Service;

   5. decompile, reverse engineer or disassemble any software or other products or processes accessible through the Food Cruncher Service (except as permitted by applicable law);

   6. insert any code or product or manipulate the content of the Food Cruncher Service in any way;

   7. use any data mining, data gathering or extraction method;

   8. infringe any third party’s rights;

   9. transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Food Cruncher Service. We may modify or delete any material that is considered defamatory, offensive or otherwise unlawful, or that infringes the rights of anyone else;

   10. access, view and/or purchase the Food Cruncher Service using a virtual proxy network;

   11. register multiple times for a free period of access (which would constitute a breach of this Agreement); or

   12. upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Food Cruncher Service, including any software viruses or any other computer code, files or programs.

2. You agree to:

   1. pay the Subscription Fees;

   2. comply at all times with the terms of this Agreement;

   3. use the Food Cruncher Services for your own personal and non-commercial use, and not for any commercial or business purpose;

   4. ensure all information you give us is correct at all times, and notify us immediately of any changes to your contact details;

   5. follow the instructions and directions we provide about using the Food Cruncher Service and only use the Food Cruncher Service in accordance with all applicable laws, rules and regulations;

   6. be responsible and liable for any use by any other person (authorised or unauthorised) of the Food Cruncher Services we provide to you, including, without limitation, any charges associated with that use and any consequences if an applicable person misuses the Food Cruncher Services or breaches this Agreement or suffers any injury or damage to their property;

   7. make sure everyone you are responsible for and who may use or do anything in relation to the Food Cruncher Services also meets the responsibilities set out in this Agreement; and

   8. be responsible for configuring your information technology, computer Content and Compatible Devices in order to access our website, app and the Food Cruncher Service. You should use your own virus protection software.

Automatic Renewal

1. Your Subscription will automatically renew for a subsequent subscription period unless and until you or we cancel it in accordance with this Agreement.

2. You can find details of your Subscription at any time, including the renewal date and price for your Subscription, by signing into your Food Cruncher Account and clicking on “Memberships”. You must cancel your Subscription before the end of your current subscription period in order to avoid being charged for the next period’s Subscription Fee. For example, if you wish to cancel your subscription with effect from 1 May, you will need to provide notice no later than midnight on 30 April.

3. Unless required by law, no refunds or credits for partially used periods will be given. However, following any cancellation, you will continue to have access to the Food Cruncher Service through to the end of your current billing or subscription period.

Health, Safety and Wellbeing:

1. Everyone is different. By signing up to use The Food Cruncher Services, you acknowledge it is your responsibility to consult with your healthcare provider before changing your diet, engaging in physical activity or otherwise relying on information provided by The Food Cruncher Services.

2. By using The Food Cruncher Service, you warrant that your physician has approved your participation.

3. You acknowledge that your participation and use of The Food Cruncher Service is at your own risk.

Young Adult Content

1. The Food Cruncher Service is not generally suitable for use by children under the age of 18.

2. We may offer limited Content that is suitable for children under the age of 18 (or the local or the age of majority in your territory of residence if more than 18 years old) (“Children’s Content”) on the Food Cruncher Service. Such Children’s Content will be expressly labelled as suitable for children.

3. Individuals under the age of 18 (or the local or the age of majority in your territory of residence if more than 18 years old) may use the Food Cruncher Service to watch Children’s Content using their parent or legal guardian’s Food Cruncher Account only:

   1. with the consent and supervision of the applicable parent or legal guardian; and

   2. subject to the terms of this Agreement.

4. You, if you are the parent or legal guardian of a child, are responsible for monitoring and supervising your child’s use of the Food Cruncher Service when viewing any Children’s Content.

5. If you are the parent or legal guardian of a child that is permitted to use the Food Cruncher Service, you should consult with your child’s doctor before using the Food Cruncher Service with your child and follow his or her advice. The Food Cruncher Service is not intended to be medical or professional advice or care. We do not guarantee any exercise, health, weight loss or fitness results or improvements to users of the Food Cruncher Service.

Location and Device Restrictions

1. The Content available on the Food Cruncher Service may vary by country. We may use technologies to verify your geographic location when you sign up and use the Food Cruncher Service.

2. You may only log in to one device, or access the Content by one device, at any one time.

3. The availability and quality of the Food Cruncher Service and Content may vary due to a variety of factors which are not in our control. An internet connection of at least 3MB/sec is required in order to stream standard definition Content on the Food Cruncher Service, and 5MB/sec is required in order to stream high definition Content on the Food Cruncher Service.

4. If your Compatible Device, or any other devices, hardware or equipment, supplied to you by someone else does not work properly, you need to contact the equipment supplier or manufacturer, rather than us, about the problem.

5. You are responsible for all third party services required to allow you to access the Food Cruncher Services (including your internet service provider and your electricity service provider) and all obligations and charges you may owe (including but not limited to broadband or mobile data charges, and electricity charges). If there is a problem with a service provided for you by another supplier, you must contact that supplier about the problem.

Changes to the Service

1. We may regularly make changes to any element of the Food Cruncher Service or the Content and the availability of Content may change from time to time. We have the right to add or withdraw Content at any time, with or without notice. You acknowledge and agree that Content is variable and will change from time to time without notice.

2. There may also be times when we have to remove certain features or functionality and/or stop allowing certain devices or platforms from being able to access the Food Cruncher Service. We may also update or upgrade the Food Cruncher Service from time to time. If changes to any element of the Food Cruncher Service are likely to materially adversely affect the Food Cruncher Service, we will try to make sure that any changes will not adversely affect you during your current subscription period, so that you have the chance to cancel your Food Cruncher Service before the next subscription period begins. If we make an adverse change to the Food Cruncher Service during your subscription period, we will give you at least 30 days’ notice and the right to cancel. If you do not cancel your Subscription after we have notified you about any changes and before these changes take place, you agree that this constitutes your acceptance of the changes. If you choose to cancel your Subscription, we will, if required by applicable law, provide you with a refund for amounts you have paid for the Food Cruncher Service but not received.

Changes to this Agreement

1. We may change the terms of this Agreement from time to time. The circumstances in which we may change the terms of this Agreement may include (without limitation), to comply with applicable laws, to provide you with additional information about the Food Cruncher Service, where we need to make changes to the Food Cruncher Service in order to improve it, or for safety or security reasons.

2. We will notify you at least 30 days before making any material changes to the terms of this Agreement, unless the changes need to be implemented quickly for security, legal or regulatory reasons, in which case we will notify you of the changes as soon as we can.

3. If you continue to use the Food Cruncher Service following any change to the terms of this Agreement, you agree that this constitutes your acceptance of the amended terms of this Agreement. The most up to date terms of this Agreement will always be available on the Food Cruncher Service from the effective date of those updated terms of this Agreement.

Differing Subscriptions and Activation Codes

1. We may offer various Subscription plans, including Subscriptions with differing subscription periods, conditions and limitations. Any specific terms relating to a particular Subscription plan will be notified to you via the Food Cruncher Service before you sign up for a Subscription. Those specific terms will take precedence over the terms set out in this Agreement, to the extent that a conflict arises.

2. We may make available promotional Subscriptions and offers (“Promotional Offers”). Please check the relevant terms and conditions, which apply to any Promotional Offer for full details.

3. From time to time, activation codes that grant you access to use the Food Cruncher Service may be available from us, and/or third party partners, including those provided as part of a third party Promotional Offer. Activation codes may be redeemed and will grant you access to the Food Cruncher Service, as further described in the specifics of the relevant Promotional Offer, or may allow you to enter an activation code during sign-up on the Food Cruncher Service. Activation codes can only be used once, cannot be redeemed for cash, and may not be combined with other offers, including a free period of access, unless otherwise determined by us in our sole discretion. If you receive an activation code through a Promotional Offer from a third party, additional conditions may apply.

Subscription Fees

1. By purchasing a Subscription and providing a Payment Method, you authorise us to charge you the relevant fee at the then current rate (“Subscription Fee”) via your Payment Method. “Charge”, “charging” etc., shall indicate either a charge, debit or other payment clearance, as applicable, against your Payment Method.

2. The Subscription Fee will be charged at the start of the paying portion of your Subscription, and at the start of each subscription period thereafter, unless and until your Subscription is cancelled. For example, if you subscribe on 26 April you will be charged on 26 April each month for the applicable Subscription Fee. The Subscription Fee will commence from the date and time at the location you subscribe.

3. All charges shall be in the currency specified at the time you sign up for your Subscription.

4. If a payment is not successfully settled and you do not edit your Payment Method information or cancel your Food Cruncher Account, we may suspend your access to the Food Cruncher Service until we have obtained a valid Payment Method. When you update your Payment Method in your Food Cruncher Account, you authorise us to charge the updated Payment Method for any uncollected amounts and your on-going Subscription Fee. This may result in a change to your payment dates or subscription period.

5. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

Price changes

1. We may change the price of your Subscription from time to time. Any price changes will apply to you no earlier than 30 days following notice to you. We will let you know the date on which any price change is due to come into effect. If you have purchased a Subscription via a third party, price changes will be subject to that third party’s terms and conditions.

2. We will ensure that the price of your Subscription will not change until the start of your next subscription period. If a price change is going to come into effect during your current subscription period, you can cancel your Subscription before the price change comes into effect and we will provide you with a refund for amounts you have paid for the Food Cruncher Service but not received.

3. If we notify you of a price change and you do not want to continue your Subscription at the new price, you can cancel your Subscription before the start of the next subscription period. If you continue to use the Food Cruncher Service after the start of your next subscription period, you consent to the price change, and you do not need to take any further steps.

Third party terms and access

1. When you access the Food Cruncher Service a third party terms & conditions (for our Cronometer app) will apply;

   1. You must comply with those terms and conditions and also with this Agreement. In the event of any inconsistency between this Agreement and those terms and conditions, the third party terms and conditions shall take precedence over this Agreement.

   2. The Food Cruncher is not responsible for Cronometer’s content, function or services.

2. The Food Cruncher is not responsible or liable for any failure on Cronometer’s part to deliver Cronometer’s separate services;

3. The Food Cruncher reserves the right to change it’s preferred third party app, subject to any obligations owed to the current preferred third part app;

Cancellation or termination of use

1. You may cancel your Subscription at any time, and you will continue to have access to the Food Cruncher Service through to the end of your current subscription period.

2. To cancel your Subscription, sign into your Food Cruncher Account on our website, select “My Profile & Progress”, “My Membership”, select “View” next to your plan, select “View Billing” your Subscription and then select “Cancel”.

3. If you cancel your Subscription, your Food Cruncher Account will automatically close at the end of your current subscription period.

4. We may end your right to use and prevent you from accessing all or any part of the Food Cruncher Service or your Subscription immediately if we have a reasonable belief that you have breached this Agreement or if you are using the Food Cruncher Service, the Content or your Subscription in any manner other than for its intended purpose, fraudulently or illegally. If what you have done can be put right we may give you a reasonable opportunity to do so.

5. If we decide to discontinue any part of the Food Cruncher Service, we will give you at least 30 days’ prior notice (unless we need to discontinue the Food Cruncher Service (or any part of it) immediately for legal reasons, including in order to comply with a court order). If we discontinue the Food Cruncher Service, we will, to the extent required by applicable law, provide you with a refund for amounts you have paid for the Food Cruncher Service but not yet received.

6. If we end your rights to use the Food Cruncher Service or your Subscription you must stop all activities authorised by this Agreement, including your use of the Food Cruncher Service or your Subscription.

The Food Cruncher App

1. If you have downloaded the Food Cruncher third party App from the Google Play or Apple iTunes App Store, you agree to abide by the Food Cruncher third party App’s terms of service and acknowledge The Food Cruncher is not responsible for any failure of any third party to deliver its own services.

2. The Food Cruncher reserves the right to change the preferred third-party app at any time.

Passwords & Account Access

1. Your control over your Food Cruncher Account is exercised through your login and password. To maintain exclusive control over your Food Cruncher Account, you should not reveal your password to anyone. You are responsible for all access to and use of the Food Cruncher Service through your Food Cruncher Account. You agree to notify us immediately if you become aware of or suspect any unauthorised use of your password or username by emailing us at [email protected] with the subject line ‘Unauthorised Access’.

2. In order to provide you with ease of access to your Food Cruncher Account and to help administer the Food Cruncher Service, we may implement technology that enables us to recognize you and provide you with direct access to your Food Cruncher Account without requiring you to retype any password or other user identification when you revisit the Food Cruncher Service, which includes access via Compatible Devices, third party networks or our website.

3. We reserve the right to place any Food Cruncher Account on hold anytime, with or without notification to the subscriber, in order to protect ourselves and our partners from what we reasonably believe to be fraudulent activity (once a hold has been put in place, we will notify you as soon as possible). Any hold placed on a Food Cruncher Account will not last any longer than 10 working days, after which we will either terminate this Agreement for breach of this Agreement, or re-open your Food Cruncher Account. We are not obligated to credit or discount a Subscription for holds placed on a Food Cruncher Account in circumstances where your act or omission constitutes fraudulent activity on your Food Cruncher Account or you are in breach of your obligations under this Agreement.

Intellectual Property

1. The Food Cruncher Service and Content are protected by copyright, trade mark, and/or other proprietary intellectual property rights owned by or licensed to us.

2. You have no intellectual property rights in or to the Food Cruncher Service or any Content, other than the right to use them in accordance with this Agreement.

3. You may not remove, alter, or in any way tamper with any copyright notices or other proprietary markings included in the Food Cruncher Service or any Content. Any copying, access, transfer, public performance or communication to the public or other use of the Food Cruncher Service or any Content other than as expressly authorised by applicable law or this Agreement shall constitute an infringement of applicable intellectual property rights and a breach of this Agreement. In the event of applicable infringement, we may, without notice or prior intervention of a court or arbitral body, block your access to the Food Cruncher Service and terminate any Subscription you may have and pursue any rights or remedies available to us.

4. Food Crunch Limited is the owner or licensee of copyright in all Content, unless stated otherwise, including all page headers, custom graphics, button icons, and scripts. This copyright material may not be copied, imitated, or used, in whole or in part, without our prior written permission. Our trade marks and logos and our products and services described on our website, may not be copied, imitated or used, in whole or in part, without our prior written permission. For the avoidance of doubt, you may not use any of The Food Cruncher’s trade marks in any domain names or in any account name or user ID for any social media site or blog. Our trade marks, logos, or Content may not be used in any manner that is likely to cause confusion amongst the public or in any manner that disparages or discredits us. All other trademarks, service marks, registered trademarks, product and service names and company names or logos that appear on the Food Cruncher Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

5. We respect the intellectual property of others, if you believe that your work has been copied and has been used on the Food Cruncher Service in a way that constitutes copyright infringement, please notify us immediately, by emailing [email protected] and provide the following information:

   1. A description of the copyrighted work that you claim has been infringed;

   2. A description of the location in the Food Cruncher Service of the material that you claim has been infringed;

   3. Your address, telephone number and e-mail address;

   4. Your statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

   5. Your statement that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

   6. Your physical or electronic signature.

Privacy

1. Any personal information you supply to us or that we collect from you when using the Food Cruncher Service will be used by us in the ways set out in our Privacy Policy. Please also ensure you read our Cookies Policy.

User Generated Content (UGC)

1. You own the information, data, text, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Food Cruncher Services (“UGC”), whether publicly posted, privately transmitted, or submitted through a third party API (e.g. a photograph submitted via Instagram).

2. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any UGC and any name, username or likeness that you post on or in connection with The Food Cruncher Service in all media formats and channels now known or later developed without compensation to you. This license ends when you delete your UGC or your account.

3. You understand that you, and not The Food Cruncher Service, are entirely responsible for all UGC that you upload, post, email, transmit or otherwise make available via The Food Cruncher Service. We do not proactively and routinely screen or monitor the UGC posted to The Food Cruncher Service by others and, as such, do not guarantee the accuracy, integrity or quality of such UGC. We may, at our sole discretion, screen, monitor, refuse or remove any UGC that violates this Agreement, our community guidelines, any other applicable policies or is otherwise objectionable. You understand that by using The Food Cruncher Service, you may be exposed to UGC that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any UGC, including, but not limited to, any errors or omissions in any UGC, or any loss or damage of any kind incurred as a result of the use of any UGC made available on The Food Cruncher Service. You agree to bear all risks associated with the use of any UGC available in connection with The Food Cruncher Service, including any reliance on the accuracy, completeness, or usefulness of such UGC.

4. You agree that we are not responsible for, and do not endorse, UGC posted on available via The Food Cruncher Service. If your UGC violates this Agreement, our community guidelines, any other applicable policies, you may bear legal responsibility for that UGC. As between you and us, any UGC will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of UGC. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any UGC does not place us in a position that is any different from the position held by members of the general public, including with regard to your UGC. Your UGC will not be subject to any obligation of confidence on the part of us other than as set forth in our Privacy Policy, and we will not be liable for any use or disclosure of any UGC you provide.

5. The Food Cruncher Service may provide you with the ability to mark certain UGC that you submit as private, public, or available only to select users of The Food Cruncher Service. We will maintain the privacy of such UGC in accordance with your elections. However, if you do not elect to mark your UGC as private or available for a limited group of members, or later change such designation to allow such UGC to be made available to anyone, you are responsible for the public nature of the content. Please review our Privacy Policy for more information on how to manage your privacy controls.

6. You give us permission to use your personal information, data and UGC in ads, offers and other commercial contexts on The Food Cruncher Service without compensation to you. You may adjust settings to prevent your profile name and profile photo from appearing in an ad.

Our liability to you

1. We do not accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to limit or exclude liability for fraudulent misrepresentation, wilful misconduct or gross negligence by us or our employees or agents or any other liability which cannot be limited or excluded under applicable law.

2. If we breach this Agreement we will only be liable for losses which are a reasonably foreseeable consequence of that breach. Losses are foreseeable where they could be contemplated by you and us at the time of you agreeing to this Agreement.

3. We are not responsible for:

   1. any use of the Food Cruncher Service which isn’t authorised by us;

   2. any acts by you contrary to the advice of your own general healthcare provider

   3. any malfunction of or interruption to the Food Cruncher Service due to unforeseeable circumstances that prevent us from fulfilling our obligations to you;

   4. errors, viruses or bugs present in or arising from your use of the Food Cruncher Service;

   5. incompatibility of the Food Cruncher Service with any other software or hardware (including any of your devices); and

   6. any act or default of any third-party platform, service provider, supplier, device manufacturer or provider of a device operating system, which are beyond our reasonable control.

Severability

1. If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If a modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.

Transfer of rights

1. The agreement between us and you is personal to you and no third party is entitled to benefit under it. You agree we can transfer our rights and obligations under this Agreement to any company, firm or person provided that your subscription will not be adversely affected as a result of this type of transfer. You may not transfer your rights or obligations under this Agreement to anyone else.

Notices

1. We will send you information relating to your account and your Subscription (e.g. payment authorisations, invoices, changes in password or payment method, confirmation messages, content and feature updates and other service or transactional messages) by email to the email address provided during sign up (if you signed up via a third party, for example via one of our partners or using your account details with a platform, then we may obtain your email from that third party or platform so that we can keep you up to date with service-related messages). You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that applicable communications be in writing.

Terms Applicable to Users outside of the United States

1. These Terms of Use, the Food Cruncher Service, and your relationship with us shall be governed by and construed in accordance with the laws of the New Zealand, without regard to its conflict of laws principals. Subject to the arbitration agreement between the parties, you irrevocably consent to bring any action to enforce, or regarding this Agreement in the District or High Courts of New Zealand.
   LEGAL DISPUTES AND ARBITRATION AGREEMENT.

Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

Dispute Resolution

1. Initial dispute resolution: We are available by email at [email protected] to address any concerns you may have regarding these Terms of Use or your use of the Food Cruncher Service. Most concerns may be quickly resolved in this manner. The parties (you and us) agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

2. Agreement to Binding Arbitration: If we do not reach an agreed resolution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 26.1 above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Use (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Food Cruncher Service shall be finally settled by binding arbitration administered by AMINZ, in accordance with the AMINZ Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single and agree neutral arbitrator. If the parties cannot agree, either party may request that AMINZ appoint an arbitrator. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in New Zealand. The arbitrator shall be empowered to grant whatever relief would be available in a New Zealand court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Use shall be subject to the Arbitration Act 1996 (an any subsequent legislation). The cost of arbitration shall be borne by each party individually, and the cost of the arbitrator shared equally unless otherwise determined by the arbitrator.

3. Class Action and Class Arbitration Waiver: You and The Food Cruncher each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action or other representative action, and you and The Food Cruncher each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

4. Exception- Disputes Tribunal Claims: Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in the Disputes Tribunal for disputes or claims within the scope of that court’s jurisdiction.

5. 30 Day Right to Opt-Out: You can opt out of this agreement to arbitrate by sending a written request to [email protected] within thirty (30) days of first accepting these Terms of Use, or within thirty (30) days of any subsequent modification to the arbitration agreement set forth in this Section 26. Your request to opt-out of arbitration must include your (i) name, (ii) mailing address, (iii) email address, and (iv) express request to opt-out from the arbitration agreement set forth in this Section 26. If you opt-out of this agreement to arbitrate consistent with the procedure set forth above, all other terms and conditions set forth in these Terms of Use shall continue to apply to your use of the Food Cruncher Service.

6. Exclusive Venue for Litigation: To the extent that the arbitration provisions set forth in Section 26 do not apply, or if you have opted out of arbitration, the parties agree that any litigation between them shall be filed exclusively in the District or High Court of New Zealand (except for Dispute Tribunal actions). The parties expressly consent to exclusive jurisdiction of the New Zealand court’s and laws.

Complaints

1. If you have any complaint please contact us first, using the details on our website. In addition, please note that if you live in a European Union member state disputes may be submitted for online resolution to the European Commission Online Dispute Resolution (“ODR”) platform available at https://ec.europa.eu/consumers/odr. We do not currently use alternative dispute resolution (“ADR”), including through the ODR platform, as a means of settling consumer complaints.

Contacting us

You can contact us by writing to us at [email protected].