Terms & Conditions
Your access to, and use of, this website ("Site") is subject to the following terms and conditions ("Terms"). References in the Terms to "us", "we" or "our" are references to WDL and its participating supermarkets trading under the FreshChoice banner, its related companies, and directors, officers, employees or agents of WDL or its related companies, as the context requires. By using the Site you acknowledge that you have read, understood and accepted these Terms, and agree to be bound by them. From time to time we may update or revise these Terms without notice. Please check these Terms periodically for changes. Your continued use of the Site after the Terms have been changed indicates your acceptance of those changes.
While we have endeavoured to ensure that the information we have provided on the Site is free from error, it is provided “as is” and “as available” and without warranties of any kind either express or implied. WDL does not warrant the accuracy, currency or completeness of the information on the Site or that the Site is error free or suitable for your intended use. WDL does not warrant that the Site or the server that makes it available are free of viruses or other harmful components and we shall not be responsible or liable for any error in, or omission from, the information we have provided on the Site except as required by law.
We reserve the right to make changes to the information provided on the Site at any time and without notice.
If you wish to shop online at any FreshChoice supermarket that offers On Line Shopping, separate terms and conditions apply in addition to these Terms. Those additional terms and conditions may be viewed at the supermarket’s own website.
Advertised specials apply for the promotional period only or while stocks last. We reserve the right to limit quantities. All limits specified apply per customer per day. Trade not supplied. Prepared meals are serving suggestions only. Props not included. Product range may vary from store to store. Proprietary brands not for resale.
Any fresh product purchased and being returned as not fit for purpose must be refunded in full, plus the customer must receive a full replacement to the value of the initial purchase. Any other corporate brands must be refunded in full or replaced. A proof of purchase is required.
Use of the site
You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms. You may download the information on the Site for your own personal use but otherwise neither the Site, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without our prior written consent. Your use of the Site will not create nor will you represent to have any interests or rights in our intellectual property. You agree that you will not interfere with any other party's use and enjoyment of the Site, or damage the operation of the Site, or our systems or those of other persons who use the Site, whether by way of a virus, corrupted file, any other software or program, or otherwise. We reserve the right to suspend your use of the Site where we consider that you may have breached these Terms or the law..
Links to and from other 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 us. We do not monitor the content of any other websites and are not liable or responsible in relation to any content on them. For the purposes of this section a "third party website" is any website other than FreshChoice.
You agree that you will not create a hyperlink to this Site without our express written permission. If you do create a hyperlink to this Site, you are responsible for all losses that we may suffer as a result of that link, whether direct or indirect. Linking to this Site is at your own risk.
Website analysis tools
FreshChoice uses a tool on its web server to collect information such as the number of visitors per day and the number of pages requested per day.
This non-personal information gained is aggregated and enables us to measure activity within our websites which in turn is used to continually improve our site and our service to our customers. WDL does not warrant the accuracy or correctness of this data.
The FreshChoice website may use 'cookies'. Cookies are an element of data that the website can send to your browser, which may then store it on your system. To use the FreshChoice 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.
Intellectual property rights
All right, title and interest in all intellectual property rights in all concepts, systems, written, graphic and other material relating to the Site and its contents is owned by, and shall at all times remain the exclusive property of, us, our licensors and the providers of any other products and services accessible on the Site, and is protected by New Zealand and international law. Nothing in these Terms shall constitute any licence of intellectual property rights to you.
Exclusion of liability and indemnity
We 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 Site. All representations, terms, warranties, guarantees or conditions whether implied by statute, common law or custom of the trade or otherwise are excluded to the fullest extent permitted by law. Such exclusions apply to WDL, its officers, employees, advisors and agents. You agree to indemnify us against all liabilities, losses,(including consequential and indirect losses) claims and expenses suffered or incurred by us, and all claims and demands made against us, arising directly or indirectly out of your use of the Site, or any breach of these Terms.
Failure on the part of WDL to enforce any of these Terms shall not be construed as a waiver or as a waiver of Progressive’s right to enforce these Terms at a later date.
We may hold personal information submitted to us by you through your use of the Site. You have the right to access and correct your personal information under the Privacy Act 1993.
New Zealand law governs the use of the Site and these Terms.