Terms and Conditions
Four Square (“we”, “our” or “us” in these terms and conditions) offers an online supermarket where you can search for and purchase grocery items (Groceries) through the Four Square NOW! (Four Square NOW!) mobile application. For the purposes of these terms and conditions, any references to Four Square Now’s online shopping service or Four Square Now’s online shop refers to the Four Square NOW! mobile application that you use to access and use the online shopping service.
This does not include:
- the Four Square website that you use to view in-store pricing; and
- the Four Square stores.
Your use of Four Square Now’s online shopping service via the Four Square Now’s mobile application is governed by these terms and conditions so please read them carefully.
The systems and intellectual property rights relating to or supporting Four Square Now’s online shopping service are owned or controlled by Foodstuffs North Island, Foodstuffs South Island, Foodstuffs (N.Z.) Limited, and/or any affiliate, subsidiary or related company of those Foodstuffs entities (together, Foodstuffs).
The Four Square supermarket that has been selected to supply and deliver your Groceries (your “nominated store”) is responsible for the supply and delivery of Groceries ordered by you through Four Square Now’s online shopping service. Any orders you place through Four Square NOW! are legally binding offers, and if accepted by us, a legally binding contract is formed between you and your nominated store.
Four Square NOW! online shopping service is intended for use by people located in the North Island of New Zealand.
1. REGISTRATION
1.1 Your use of Four Square NOW!
By accessing, searching for and/or ordering your Groceries through Four Square NOW! app, you are deemed to have read and agreed to these terms and conditions. You are responsible for any data or telecommunications charges when you shop online with Four Square NOW!.
1.2 Registration and use of your details
You must register to use Four Square NOW! and to search for and buy Groceries. You can complete this Four Square NOW! registration by registering as a Four Square NOW! customer where indicated on the Four Square NOW! mobile application and providing your nominated email address, password and other requested information.
Any personal information you provide to us will be collected, held and used in accordance with the Four Square Privacy Policy.
You agree that you are responsible for anyone using Four Square NOW!’s online shopping service using your nominated email address and password – please keep your nominated email address and password confidential. You will ensure that the information you provide to us is accurate, up-to-date and not misleading, and that we can rely on this information for the purposes of fulfilling your orders.
1.3 Termination/suspension of access to Four Square NOW!
We may refuse any application to use Four Square NOW!. We may also, at our discretion, suspend or terminate your access to Four Square Now’s online shopping service at any time for any reason.
2. PLACING AN ORDER FOR YOUR GROCERIES
2.1 General
We can deliver them direct to your nominated delivery address within 45 minutes of your order being confirmed.
Please also note that Four Square NOW! may not be available at all stores and some Groceries may be unavailable for Delivery orders.
We reserve the right to refuse any order placed via the Four Square NOW! online shopping service at our sole discretion.
Where payment for a refused order has been charged to your credit or debit card or you are otherwise entitled to a refund for Groceries paid for using a credit or debit card, we will refund the value of that order to the credit or debit card that was used for payment provided the credit or debit card has not expired.
2.2 Minimum order value
The total estimated value of your order shown on the “check-out” page must be at least the minimum order value set out in the Four Square NOW! app before your order for Groceries will be accepted.
2.3 Delivery Services
We will offer Delivery services between set hours. You can see if our Delivery services are available at your time of purchasing through the Four Square NOW! app.
We will do what we reasonably can to deliver within 45 minutes of your order being confirmed. If it is not possible for us to deliver your order within 45 minutes of your Delivery order being confirmed, we will try to contact you using the contact information you provided to us during registration.
2.4 Estimated order value and final order value
The order value at the time you place your order is an estimated total only. The final order value is the actual price you will pay for your Groceries (plus any service fees for Delivery, as explained below) and may change from the estimated order value for the following reasons:
- Variable weight items - if you have ordered Grocery items that need to be weighed (such as produce, seafood, meat and deli items from our fresh food departments) or are pre-packed items that are of variable weight, you will be charged for the actual weight of the item picked by our personal shoppers (at the unit price displayed by Four Square NOW! at the time you placed your order). Our personal shoppers will do their best to ensure that the items you actually get and pay for weigh as close as possible to the weight you ordered.
- Substitutions - if you have agreed that substitutions are allowed, the final value of your order may reduce as a result of us substituting items that are not available for similar items. You will be charged the cheaper price of either the item ordered or the substituted item.
- No substitutions - if you have not agreed to allow for substitutions, the final value of your order may reduce from the estimated order value, as a result of us removing Groceries from your order that are not available.
- Specially requested items - we may provide you the option to make special requests for Grocery items. If you have ordered any “specially requested items”, the final value of your order may increase where we are able to supply you those items, as the price for any “specially requested items” are only added to your order total once we confirm they are available and our personal shoppers pick those items for you. Specially requested items are not currently available in the South Island.
You will be provided a final invoice after your order has been prepared in store. Where the final order value of your order is different from your estimated order value, this will be displayed on your final invoice.
Please also note that if we allow you to change your Grocery order under clause 2.13, pricing for your order may change. See clause 2.13 below for detail.
Service fees (if any) will be calculated based on the final order value.
2.5 Service fees
We may charge service, delivery and bag fees for orders placed through our Four Square NOW! online shopping service. These fees may change from time to time. You will be notified of any applicable fees at the time of placing your order.
2.6 Payment
Orders must be paid for by credit or debit card (Visa or Mastercard).
You cannot use Four Square Gift Cards to pay for orders through Four Square NOW!.
Four Square NOW! does not store complete or usable credit or debit card information. We may store other credit or debit card information used to pay for orders placed Four Square Now so that we can help you identify cards you have used to pay for your Groceries before and may like to use again. To pay for your order using a credit or debit card you will be transferred to a secure accredited partner that is PCI compliant.
If you are using a credit or debit card to pay for your Groceries, your credit or debit card will have a nominal amount (currently $1) held from the time you place your order to ensure your card is valid. This nominal amount will be reversed within 7 days of placing your order (it will not be taken off the payment for your order). Payment for your order will be processed on the date your Groceries are delivered. You must ensure you have sufficient funds available on your credit or debit card to pay for the order on this date. If you have insufficient funds on that date then your order will not be processed or provided. We will contact you to let you know that your order has been cancelled.
You agree to indemnify (compensate) us against any loss or damage that we incur arising out of any default by your credit or debit card provider to make payment to us in full and where for whatever reason the Groceries are delivered.
2.7 Currency/GST
All prices set out in these terms and conditions and/or displayed by Four Square NOW! are in New Zealand Dollars (NZD) and include GST.
2.8 Confirmation of order
Once you have successfully submitted your order we will send you an order confirmation to the email address you have provided to us and in your ‘My Orders’ folder in Four Square NOW! App. Please check your spam or junk folders in case our email has been directed there. To avoid this, we recommend that you add our email address [email protected] to your contacts list. If your order confirmation has not come through within 4 hours then please call our Customer Support Centre on 0800 477 827.
Please review your confirmation email when it comes through to check that everything is correct.
If something does not look right, then please contact our Customer Support Centre on 0800 477 827.
2.9 Maximum number of items
Four Square NOW! orders may be limited to a maximum number of items. If you add more than the permitted maximum number of items to your trolley, you will be given the option to remove items from your trolley. You will be advised of any item number limits when you select your delivery method.
We reserve the right to limit the number of each item we will supply in any transaction. You must not purchase items through Four Square NOW! for the purposes of resale. If we suspect that you are doing so, we may suspend or terminate your access to Four Square NOW! and/or we may refuse to fulfil any order you place through Four Square NOW!.
2.10 If what you order is not what you get
Our personal shoppers will do their best to pick your Groceries in accordance with your order and preferences. If you notice that you have been charged for a Grocery item you did not receive or have been supplied a Grocery item in error, then please contact our Customer Support Centre on 0800 477 827 so that we can address the issue.
2.11 Changing or cancelling your order
You cannot change or cancel your Four Square NOW! order after it has been placed.
2.12 Returns
Our policy for returns and refunds in relation to products purchased through Four Square Now is set out in our Refund & Returns Policy. This Policy sets out how to request a refund, exchange, or replacement (as applicable). Please contact our Customer Support Centre on 0800 477 827 if you have any questions.
2.13 Instructions
When placing your order, please tell us in the relevant comments section any special instructions (as per clause 2.5) for our personal shoppers picking your Groceries. For example, in that section you could ask for “yellow firm bananas”, “ripe avocados”. We will endeavour to meet any special requests you may have where possible. Special instructions may prevent Four Square NOW! orders from being delivered within 45 minutes of the confirmation of your order.
2.14 Verification of payment
Foodstuffs may, for the purposes of mitigating fraud, request photo identification to verify the payment method used by you to place an order via Four Square NOW!. Any information provided will be dealt with in accordance with the Privacy Policy.
3. Delivery of your groceries
3.1 Delivery to your nominated address
We can deliver your order to a nominated address that is within the delivery zone for your nominated store. We cannot deliver to addresses outside of a store’s delivery zone. If that is not possible, we will try to contact you using the contact information you provided to us. Please refer to clause 5 below for terms relating to the delivery of Deliveries.
3.2 Readily accessible
You must ensure that the delivery address you provide is safely and readily accessible. Please provide any specific delivery instructions in the “Delivery Instructions” section at the time of placing your order e.g. “Please leave groceries by the back door and close the garden gate”. We reserve the right to refuse delivery at our sole discretion, including where we or any delivery agent we engage consider it unsafe to enter or where there are hazards at the delivery address.
3.3 If you are not there when we deliver
There must be someone at the address to receive the order when it is delivered, unless you specifically authorise us to leave your order at the address in the comments section at the time of placing your order. Otherwise, if there is no one to receive the order at the time of delivery, the order will be returned to the nominated store. We will not leave restricted items (alcohol and pharmacy) unattended at the address in any situation. Where your Groceries are returned to the nominated store, we will refund you for all items, however we will deduct the delivery fees. Where Groceries are left at the delivery address they are left entirely at your own risk. We do not accept any responsibility after they have been delivered including where items are lost, stolen, damaged or perish as a result of being left unattended.
4. Delivery
4.1 Delivery delays
Four Square NOW! may be provided via a third-party delivery partner (Delivery Service). In certain circumstances the Delivery Service may be unable to complete your Four Square NOW! order within 45 minutes of your order being confirmed. These may include situations where there are problems with the delivery vehicle, heavy traffic, issues with the Delivery Service’s internal systems. We will take all reasonable steps to ensure your Four Square NOW! arrives on time, however there may be occasions where your Four Square NOW! order is delayed for reasons beyond our control.
Please note that special instructions or specially requested items may also cause your Four Square NOW! order to be delayed.
Four Square NOW! order may also be delayed if there are problems with your chosen payment method.
4.2 Four Square NOW! availability
Four Square NOW! will be made available to you at the sole discretion of the nominated store. If the nominated store becomes unexpectedly busy, or is otherwise unable to provide Four Square NOW!, it may temporarily make Four Square NOW! unavailable. This may happen at any time up until your Four Square NOW! order is confirmed via email.
4.3 Cancellation by the nominated store or Delivery Service
The Delivery Service may be unable to complete your Four Square Now order for reasons outside our control.
The nominated store reserves the right to cancel any Four Square Now order at its sole discretion at any time up until the order is delivered.
Where your Four Square Now order is cancelled by the nominated store or the Delivery Service after payment has been taken, the full cost of your order, including any Service fees, will be refunded either to your payment card and no cancellation fees will be charged.
5. AGE-RESTRICTED GROCERY ITEMS
5.1 Purchase of alcohol products
It is illegal for us to sell or supply alcohol products to anyone under the age of 18 years. It is also illegal for you to purchase alcohol products if you are under the age of 18, even if you’re buying it as a gift for someone else. By ordering alcohol products through Four Square NOW! you are representing that you are 18 years of age or over and that anyone collecting or receiving your Groceries order is also 18 years of age or over. It is our policy to require proof of age if you, or anyone collecting or receiving your Groceries for or with you.
If acceptable identification cannot be provided for everyone at the time of delivery of your order, your Groceries order will be returned to the nominated store and we will refund you for all items, however we will deduct the delivery fees.
Acceptable forms of identification are current and valid:
- 18+ HANZ card
- New Zealand driver licence
- Passport
5.2 Liquor licence
The liquor licence for your nominated store can be viewed in the Four Square NOW! app.
6. ONLINE PRICING, PROMOTIONS AND REWARDS
6.1 Online pricing
Prices shown on Four Square NOW! are updated regularly so we recommend you check the price of everything in your “trolley” before completing your order in case any prices have changed while you have been selecting your Groceries.
Four Square NOW! may have higher prices for Groceries than the in-store or advertised Four Square prices. This pricing increase is to cover various costs including the costs of picking Groceries and administrative fees. For the avoidance of doubt, any in-store or advertised grocery prices for Four Square, will not be available through Four Square NOW!.
6.2 Promotions or competitions
Promotions or competitions may apply to Grocery items purchased online as determined by us from time to time. Any promotions or competitions run through Four Square NOW! are subject to these terms and conditions as well as applicable terms and conditions that apply specifically to that promotion or competition. By purchasing the qualifying item(s) for the promotion or competition, you agree to the relevant terms and conditions for that promotion or competition.
6.3 Gift cards
Four Square Gift Cards cannot be used for purchases or otherwise redeemed through Four Square NOW!.
7. DIRECT MARKETING AND CONSENT TO RECEIVING MESSAGES
7.1
When you register to use Four Square NOW! your name and contact details will be added to our Four Square NOW! database (and/or a database of Foodstuffs), and you consent to receiving messages from us from time to time. As set out in clause 1 above, any personal information you provide to us will be collected, held and used in accordance with the Four Square Privacy Policy. When you provide us with your mobile number, we may send you a text message when your order has been delivered or is ready for pick-up. We may also send you messages about promotions available at Four Square NOW!.
7.2
All commercial electronic communications from us (except for communications confirming your order or otherwise about your order and your ongoing use of Four Square NOW!) will contain an unsubscribe function if you no longer want to receive messages from us. If you unsubscribe we may not be able to provide you with all or some of the Four Square NOW! services.
8. WARRANTIES
8.1
All representations, terms, warranties, guarantees, or conditions whether express or implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions or merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample are excluded and expressly negated to the fullest extent permitted by law.
8.2
Subject to our obligations under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, it is your responsibility to satisfy yourself that Groceries you purchase through Four Square NOW! are fit for the purpose you intend and to use all requisite care and skill when handling, using and/or consuming those Groceries. You warrant that you will not use Groceries purchased through Four Square NOW! for any purpose for which they are not suitable. You acknowledge that you cannot rely on any representation or statement made by a representative of your nominated store or Foodstuffs either through Four Square NOW! or otherwise, other than the express wording of these terms and conditions. No representative of your nominated store or Foodstuffs assumes any obligation or liability for any advice given to you and you accept Groceries purchased through Four Square NOW! entirely at your own risk.
9. LIABILITY
9.1 No liability generally
9.2 Information displayed
The information displaying on Four Square NOW! is provided to you “as is” and any reliance upon the information shall be at your own risk. Descriptions of or information relating to products or Groceries displayed on Four Square Now have been provided by our suppliers and are not our, Foodstuffs’ or your nominated store’s responsibility. Please also be aware of any exclusions or limitations on our and Foodstuffs’ liability set out in the Privacy Policy.
9.3 Title and risk
Groceries ordered through Four Square NOW! are at our risk until delivered to you. Once delivered, title and risk in the Groceries passes from your nominated store to you.
10. INTELLECTUAL PROPERTY
Foodstuffs either owns or is authorised to use the intellectual property in everything that you hear, read, download or access on or via Four Square NOW! (including messages, data files, software, images, photographs and other materials). You are not permitted to do anything which infringes these intellectual property rights (such as copying, modifying or reposting content) unless you have express permission from us.
11. ACCESSING AND USING Four Square NOW!
11.1 Licence to use Four Square NOW!
We grant you a non-exclusive, non-transferable, revocable right to access and use Four Square NOW! solely for your use and on a device that you own and/or control, all on the terms and conditions set out in these terms and conditions.
11.2 Restrictions on use of Four Square NOW!
You will not attempt to: (i) copy, modify, duplicate, create derivative works from, frame, mirror, republish, display, transmit, or distribute all or any portion of Four Square NOW! in any form or media or by any means; or (ii) attempt to decompile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of Four Square NOW!.
11.3 Changes to Four Square NOW!
You acknowledge that we may provide updates, upgrades, patches and other modifications to Four Square NOW! (together Updates). You may also be required to update or upgrade the device, and/or the operating system or other software on that device (together Hardware or Software Updates), in order to continue to use Four Square NOW!. Unless we specify otherwise, Updates will be provided at no cost. You will be responsible for implementing any Hardware or Software Updates and all associated costs. We may at any time modify, discontinue or restrict access to Four Square NOW! (or any part of it), temporarily or permanently with or without notice to you. Subject to any refund rights set out in these terms and conditions and our obligations under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, you agree that we will not be liable to you or to any third party for any modification to, discontinuance of, or restriction of access to, Four Square NOW!.
11.4 Internet access
You will be solely responsible, at your cost, for: (i) procuring and maintaining your network connections and telecommunications links from the device you use to access Four Square NOW! and (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
12. GENERAL
12.1 Variation of terms and conditions
We can change these terms and conditions at any time, without notice to you by updating them on Four Square NOW! app. The revised terms will take effect when they are posted and your continued use of Four Square NOW! will represent an agreement by you to be bound by these terms and conditions as amended.
12.2 Privacy
We may need to obtain personal information from you in the course of providing some of the services or content of Four Square NOW! to you. Personal information is any information about you that identifies you, or by which your identity can reasonably be ascertained.
Our Four Square Privacy Policy, which is located here , sets out how we and Foodstuffs can collect, hold and use your personal information. This Privacy Policy also forms part of these terms and conditions.
12.3 Force Majeure
We are not liable in respect of anything that, but for this provision, would or might constitute a breach of these terms and conditions, where this arises out of circumstances beyond our, including but not limited to acts of God, natural disasters, sabotage, accident, riot, shortage of supplies, equipment or materials, strikes and lockouts, civil commotion, computer viruses or hacking, breakdown of equipment, power supply failure or telecommunications failure, or malicious damage (Force Majeure). We will refund the full purchase price of orders that have been processed but cannot be delivered or picked up due to Force Majeure.
12.4 Governing law
The laws of New Zealand govern your use of Four Square NOW! and these terms and conditions. Any legal action against us must be taken in a New Zealand court of law.