Terms & Conditions

Price and payment

5. PRICING
The prices are per option and are listed on the FastTrack website. The prices are inclusive of GST. All amounts are in New Zealand dollars.
FastTrack reserves the right to change the prices from time to time during the term of this agreement. We will notify you of a price increase by e-mail at least eight days before.

6. ACCOUNTS
A record of your subscriptions will be kept in your account on the FastTrack website.

7. SUBSCRIPTION PAYMENT
a. Subscription Payment (The Seedling Package)

Payment for your subscription is due and will be invoiced and deducted (or, debited) from your credit card at the time of your subscription. Only a weekly amount of $15 will be deducted at the time of subscription and on that same day each week. The name that will appear on your credit card statement will be FastTrack.

B. Subscription Payment (The Garden 12 Week Package)

Payment for your subscription is due and will be invoiced and deducted (or debited) from your credit card at the time of your subscription. Only a weekly amount of $35 will be deducted at the time of your subscription and on that same day each week. At the end of the 12-week period, you will be unsubscribed from ‘The Garden 12 Week Package’ and you can choose to resubscribe to another package. The name that will appear on your credit card statement will be FastTrack.

C. Subscription payment (The Grazing Package)
Payment for your subscription is due and will be invoiced and deducted (or debited) from your credit card at the time of your subscription. A monthly amount of $30 will be deducted at the time of your subscription and monthly after the date you subscribed. The name that will appear on your credit card statement will be FastTrack.

8. METHOD OF PAYMENT
You must pay FastTrack for your chosen option by credit card (other than American Express). FastTrack also accepts PayPal.

9. PAYMENT BY CREDIT CARD DECLINED
If your credit card is declined by its financial institution or fails to process for subsequent payments:
a. FastTrack may decline to deliver the relevant subscription and/or
b. FastTrack will contact you to make alternative payment arrangements.
FastTrack reserves the right to refuse to accept payment from any Customer by credit card for any reason whatsoever.

10. ADJUSTMENTS
If you are invoiced an incorrect amount for any subscription, FastTrack shall be paid by, or refund to, you the necessary adjustment amount to reflect the correct amount which should have been invoiced. We will refund you by either crediting your credit card.

11. DEBT COLLECTION
You are liable for all costs associated with debt collection where you default in payment for any subscription.

Warranties

21. WARRANTIES LIMITED
You have statutory rights under the CGA and FTA that cannot be excluded or limited in any way, subject to those rights all representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions are excluded to the fullest extent permitted by law. You acknowledge that you do not rely on any representation or statement made by or on behalf of any member of FastTrack other than the express provisions of these terms and conditions. You must ensure that the Products are not used for any purpose for which they are not suitable, and you are responsible for using all necessary skill and care in handling and using the Products. You expressly acknowledge and agree that FastTrack does not assume any obligation or liability for any advice given, and that all such Products are accepted by you entirely at your risk.

Liability and indemnity

22. ALLERGIES AND SPECIFIC DIETARY REQUIREMENTS
FastTrack options are not designed to cater for allergies or specific or cultural dietary requirements.

23. PRODUCT LIABILITY
Under the CGA and FTA FastTrack’s liability to you cannot be excluded or limited in any way. Subject to the CGA and FTA the liability of FastTrack whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a Product or any other breach of FastTrack’s' obligations relating to the Products hereunder shall not in any event exceed an amount equivalent to the price of the relevant Product.

24. NO LIABILITY FOR INDIRECT LOSS
You have statutory rights under the CGA and FTA to recover compensation for consequential loss arising from a breach of the CGA or FTA, these rights cannot be excluded or limited in any way. Subject to the CGA and FTA FastTrack shall not be liable for any consequential, indirect, or special damage or loss of any kind whatsoever arising from or in relation to your use of, or inability to use, the FastTrack Website, or the delivery or failure to deliver any Products.

Intellectual property

25. ALL INTELLECTUAL PROPERTY OWNED BY FASTTRACK
All right, title, and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the FastTrack Website and its contents, and all Recipes is owned by, and shall always remain the exclusive property of, FastTrack, its licensors and the providers of any other products and services accessible through the FastTrack Website, and is protected by New Zealand and international law.

Force Majeure

26. EFFECT OF FORCE MAJEURE
If the performance by FastTrack of its obligations under these terms and conditions is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever beyond the reasonable control of FastTrack) FastTrack shall be excused from such performance to the extent of such prevention.

Privacy

27. COLLECTION OF INFORMATION

The FastTrack Website contains applications which collect personal information about you. FastTrack will only use this information to the extent authorised by you and will only disclose it in the manner set out below. In using the FastTrack Website, you authorise FastTrack to collect, retain and use your personal information for the purposes of:
a. processing your registration application.
b. assessing your creditworthiness.
c. undertaking any dealings or transactions with you.
d. enforcing any legal or other rights FastTrack may have against you in any manner that FastTrack sees fit.
e. sending you any advertising or promotional material; and
f. enhancing the FastTrack Website so that FastTrack may offer you a better, more personalised, and tailored service.

28. COLLECTION FROM OTHER SOURCES
In using the FastTrack Website, you further authorise FastTrack to collect personal information about you from any other source available to FastTrack including but not limited to credit referral agencies, your bank, any other suppliers of products and services to you and other persons or companies with whom you have been associated.

29. FASTTRACKS' RIGHT TO REFUSE APPLICATION
If sufficient personal information is not supplied, or is not satisfactory to FastTrack, then FastTrack reserves the right to refuse to accept your application to register to use the FastTrack Website or to make orders.

30. FASTTRACKS' USE OF COOKIES
The FastTrack Website may use 'cookies'. Cookies are an element of data that the FastTrack Website can send to your browser, which may then store it on your system. To use the FastTrack Website, you do not necessarily need to enable your browser to accept cookies, although some information/services may not be available if you disable your browser not to accept cookies.
The FastTrack Website may from time-to-time use, Google Display Advertising services. In this context, FastTrack may from time to time use Google Analytics cookies for AdWords Remarketing – displaying FastTrack advertisements on the Google Display Network based on visitors’ interactions with the FastTrack FastTrack Website. No personally identifiable data is collected for this advertising. Visitors can opt out of Google Analytics for Display Advertising and customize Google Display Network ads using Google’s Ads Preferences Manager. Visitors can also opt out of visit information being collected by Google Analytics on all websites by using the Google Analytics Opt-Out Browser Add-On.

31. INFORMATION RETAINED BY FASTTRACK
Any personal information supplied by you may be retained by FastTrack until such time as you request that the information be removed.

32. DISCLOSURE
Any personal information supplied by you and retained by FastTrack may be disclosed to other persons or body corporates engaged by FastTrack for or in relation to any of the purposes listed in clause 28 above, including but not limited to:
a. Research and/or marketing firms.
b. Credit referral agencies.
c. Business advisors.

FastTrack may also disclose aggregated user statistics to any party, provided that these statistics do not contain any information about identifiable Customers and their individual shopping habits.

33. STORAGE OF PERSONAL INFORMATION
FastTrack has taken many steps, from both technical and systems perspectives, to ensure that your information is well protected. However, it is important that you remember to never share your Login with any other person.
While FastTrack endeavours to keep your personal information collected on the FastTrack Website secure and confidential, FastTrack shall not be responsible for any breach of security caused by third parties, nor represents that the FastTrack Website is completely secure.

34. YOUR RIGHTS OF ACCESS
You have the right under the Privacy Act 1993 to access and request to update and/or correct your personal information held by FastTrack. If you do so, you agree to pay FastTrack the reasonable charges requested by FastTrack in relation to time and attendances involved in complying with your request in this regard.
Access to your personal information held by FastTrack is available to you in the "My Account" area of the FastTrack Website. You can change or update your personal information at any time in the "My Account" area of the FastTrack Website.

Termination

35. RIGHT TO TERMINATE IN CERTAIN CIRCUMSTANCES
Either party may terminate this agreement immediately on notice to the other if the other:
a. being a Company:
• goes into liquidation (otherwise than for the purpose of a reconstruction approved by the Company); or
• has a receiver or statutory manager appointed; or
• goes into voluntary administration; or
b. being a natural person:
• dies; or
• commits any act of bankruptcy; or
• commits any criminal offence punishable by imprisonment; or
• proposes or enters into any scheme of arrangement or composition with its creditors; or
• fails to pay an amount due under this agreement within 7 days of the due date: or
• breaches any other term of this agreement and, where the breach is capable of remedy, fails to remedy the breach within a reasonable time of receipt of notice to remedy.

36. CUSTOMER RIGHTS TO TERMINATE
Except in the case of orders which you have paid for (e.g., first time orders), you can terminate this agreement at any time temporarily or indefinitely by notifying us via your online account. The cut off day and time for skipping or removing an order is on the Monday at 2400 hours (midnight) the week before the relevant Delivery Date.

37. TERMINATION DOES NOT RELIEVE PARTIES FROM LIABILITY UP TO TERMINATION DATE
Termination of this agreement does not relieve the parties from liability under this agreement up to the time of termination, nor does it relieve either party of any obligation to pay any money owed by it to the other party on any account whatsoever. You agree that we can continue to market our products and services to you after termination unless you advise us that you do not wish to receive any further material from us.

38. FASTTRACK RIGHT TO SUSPEND
If orders are not paid for in full or a customer’s bank declines payment on a customer’s bank card and as a result money is owing to FastTrack, then FastTrack reserves the right to suspend the Customer's ability to place further orders on the FastTrack Website until such time as the outstanding balance has been paid in full.

39. NO WAIVER OF FASTTRACK RIGHTS
FastTrack's failure to insist upon or enforce your strict compliance with these terms and conditions will not constitute a waiver of any of our rights.

Fasttrack website content and use

40. LINKS TO THIRD PARTY WEBSITES
Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by FastTrack. FastTrack does not monitor the content of any other website and is not liable or responsible in relation to any content on them. For the purposes of this clause a "third party website" is any website other than the FastTrack Website.

41. SECURITY OF INFORMATION
FastTrack shall use its reasonable endeavours to prevent any unauthorised entry into the FastTrack Website. However, FastTrack will not be liable for any direct or indirect damage or loss whatsoever if any third-party gains unauthorised access.

42. LOGIN
You must always keep your Login details safe and confidential.

43. SITE CONTENT
While FastTrack has endeavoured to ensure that the information provided on the FastTrack Website is free from error, FastTrack does not warrant its accuracy, adequacy or completeness, and FastTrack shall not be responsible or liable for any error in, or omission from, the information provided on the FastTrack Website.
We reserve the right to make changes to the information provided on the FastTrack Website at any time and without notice.

44. USE OF THE SITE
You agree not to use the FastTrack Website for any purpose that is unlawful or prohibited by these terms and conditions. You may download the information on the FastTrack Website for your own personal use but otherwise neither the FastTrack Website, nor any material on it, may be altered, modified, reproduced, transmitted, or distributed without FasTracks' prior written consent. You agree that you will not interfere with any other party's use and enjoyment of the FastTrack Website, or damage the operation of the FastTrack Website, or FasTracks' systems or those of other persons who use the FastTrack Website, whether by way of a virus, corrupted file, any other software, or program, or otherwise.

45. INDEMNITY
Notwithstanding any other term, you agree to indemnify FastTrack against all liabilities, losses, claims, and expenses suffered or incurred by you, and all claims and demands made against FastTrack, arising directly or indirectly out of your use of the FastTrack Website, in breach of these terms and conditions.

Variation of terms and conditions

37. VARIATION OF TERMS AND CONDITIONS

From time to time we may vary these terms and conditions without notice. Please check these terms and conditions periodically for changes. Your continued use of the FastTrack Website after the terms and conditions have been changed indicates your acceptance of those changes.

38. FASTTRACK RESERVES THE RIGHT TO MAKE IMPROVEMENTS TO TERMS AND CONDITIONS

FastTrack Online reserves the right to make improvements or changes to these Terms and Conditions at any time (including without limitation the correction of errors, omissions, inaccuracies, or ambiguities and to meet legal or regulatory requirements). If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

Notice

51. HOW YOU CAN GIVE US NOTICE
You can give us notice under these terms and conditions via the "My Account" section on the FastTrack Website.

52. HOW WE WILL GIVE YOU NOTICE
We will give you notice by phoning, emailing and/or texting you.

Governing law

41. NEW ZEALAND LAW GOVERNS

New Zealand law governs the use of the FastTrack Website and these terms and conditions.

Definitions

"CGA" means the Consumer Guarantees Act 1993.
"Customer", "you" and "“your" means you and any other person who registers or subscribes.
"FTA" means the Fair-Trading Act 1986.
"GST" means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.
"Intellectual Property" means all intellectual property rights of whatsoever nature, including (without limitation) copyright in the Recipes.
"Login" means your personal email address and password used to access the FastTrack Website under your registration.
"FastTrack" "we" and "our" means FastTrack Limited, which is the seller of the Products and the owner of the Intellectual Property and includes its related companies, directors, officers, employees, or agents.
"The FastTrack Website" means this internet site, being the medium by which you subscribe to receive content.

Price and payment

46 . BUYING GIFT VOUCHERS ONLINE
a. Gift vouchers may be purchased online from anywhere in the world.
b. We will deliver gift vouchers purchased by you via email to your email address.
c. You are responsible for ensuring that all information provided in relation to purchase is correct.

47 . SPENDING GIFT VOUCHERS ONLINE
a. Only FastTrack gift vouchers can be redeemed on the FastTrack Website.
b. Go to the “Gift Voucher” tab on the FastTrack Website, enter the voucher number and then follow the instructions to complete your purchase(s).

48 . GIFT VOUCHER TERMS & CONDITIONS
a. FastTrack gift vouchers can only be purchased online via the FastTrack Website.
b. Gift vouchers can be partially redeemed. The un-used balance is non-refundable where you are not an ongoing FastTrack Customer. If you are an ongoing FastTrack Customer, the un-used balance will be credited to your account.
c. The minimum gift voucher amount is $60 and the maximum gift voucher amount is $420.
d. Where you are giving a gift voucher to an existing FastTrack Customer, or if the gift voucher recipient chooses to subscribe to FastTrack on redemption, the amount of the voucher will be applied as a credit to their account or they can choose to purchase additional Products.
e. All gift vouchers expire 12 months from date of purchase.
f. A gift voucher cannot be reloaded, and unused balances at the expiry date will not be refunded.
g. FastTrack is not responsible if a gift voucher is used without permission.
h. Gift vouchers will not be refunded or replaced.
i. Gift voucher value cannot be redeemed for cash or credited to a bank account.
j. All purchases of Products using a gift voucher will otherwise be subject to these terms and conditions.