Privacy Policy / Website Terms & Conditions

Exchanges/Returns/Refunds/Cancellations

Should the products or gift basket arrive in a damaged condition we will happily exchange it for a replacement item or basket.  We may require the damaged product or basket returned at our expense.  Should the item or basket not arrive we will happily re-send it.  However if an incorrect address is given no refund will occur.

A refund will be given if cancellation of an order occurs prior to dispatch.

WICKEDLY DELICIOUS LTD takes pride in creating richer, deeper interactive experiences through editorial programming that combines original, independent and user-generated content. Across brands  we build media experiences based on the things people love most.

This privacy policy applies to the New Zealand operations of all brands and services within the Wickedly Delicisous Ltd family.

Overall privacy statement
We take your privacy seriously. Because we gather certain types of information about our users, we want to help you understand the terms and conditions surrounding the collection and use of that information. This privacy statement discloses the types of information we gather, how we use it, and how to correct or change it. These privacy practices apply to the Web site that you were viewing when you clicked through to this policy, which is operated directly by us, by our partner, or by our affiliate.

1. What information does Wickedly Delicious Ltd  collect?
Our primary goal in collecting personal information is to provide you with the best and most useful content and services. Several of the services and features that we offer on our sites require you to provide us with information as a condition of usage. These include access to subscription-only areas, the ability to post opinions or other content, participation in sweepstakes or contests, subscriptions to print magazines and email newsletters and participation in message boards.

We collect personally identifiable information, such as your name, email address, postal address, phone number, mobile number and credit card information when you provide it to us. From time to time, we may also collect other sensitive information such as your job title, gender, username and password. We may also receive information about you from other sources and add it to the information you provided to us.

Once you register with one of our Wickedly Delicious Ltd sites you are no longer anonymous to us.

2. What is Wickedly Delicious Ltd  practice regarding cookies?
Your Internet browser has a feature called cookies, which stores small amounts of data on your computer about your visit to any of our sites. You do not need to have cookies turned on to visit most of our sites, although active participation in certain areas of our sites may require cookies. Cookies alone tell us nothing about who you are unless you specifically give us personally identifiable information, in which case we use the information to enhance your services in the ways described below. By adjusting your settings on your browser, you may elect not to allow cookies to be collected.

We also use technologies, including electronic images known as Web bugs—sometimes called transparent GIFs, clear GIFs, or beacons—that allow us to track general user-traffic patterns. We also automatically receive and record information from our servers and from your browser, including your IP address, the time of your visit to pages on our site, and information about pages you visited. Unless you have registered for one of our products or services, the information we gather through the use of tracking technologies cannot be matched with any personally identifiable information about you.

We use cookies and tracking technologies in a variety of ways, including:

1. Keeping count of return visits to our site or our advertisers' or partners' sites;
2. Accumulating and reporting anonymous, aggregate (data collected in mass), statistical information on Web-site and advertisement usage;
3. Determining which features our overall user population likes best;
4. Saving your password so you don't have to re-enter it each time you visit our sites;
5. Displaying the most appropriate advertising or content based on your interests.

We allow other companies that are presenting advertisements on our sites and, sometimes, in our newsletters to use tracking technology on your computer. We do not give any personally identifiable information to them as part of this relationship. Unless you visit the Web site of these companies and provide them with personally identifiable information about yourself, these tracking technologies tell those advertisers nothing about who you are. Our advertisers' use of tracking technology is subject to their own privacy policies.

3. How does Wickedly Delicious Ltd  use the information?
We use the information we gather for four general purposes:

1. To customize the advertising and the content you see;
2. To enhance the user experience in our network of sites. We use tracking information to determine how well each page performs overall based on aggregate user demographics and traffic patterns to those pages. This helps us continue to build a better service for you;
3. To fulfil your requests for certain products and services, such as sending out electronic newsletters and enabling you to participate in paid services, polls, contests, and message boards;
4. To send you information you agreed to receive about topics we think will be of interest to you.

1. How does Wickedly Delicious Ltd  share the information?

Personally identifiable information
We will make your personally identifiable information available to other companies or people when:

1. You have elected to allow us to share that information at the time that you registered with us or provided us the information, or through a subsequent affirmative election through our website.
2. You volunteer information or create a public profile in the course of your participation in our community features such as forums, user opinions and reviews, chat rooms, photo sharing or other forms of public communication and interaction.
3. You use cobranded services (i.e., sites or services that we offer to you in connection with a partner, who is identified on the site). When you use a cobranded service within our network of sites, you grant us permission to pass your registration information back to that service partner. Their use of your information is subject to their applicable privacy policies.
4. We hire third-party vendors to provide specialized services such as customer support; email message deployment; suppression, merge and de-duplication services; data processing; and special products or services that you have requested. These companies are only allowed to use the information in order to help us fulfil our services to you. We do not provide your information to these companies for their own, permanent use.
5. You unsubscribe for a mailing that we send to you on behalf of a third party. We may share your removal instruction with the third party so that it may be added to that person’s list of people to whom they may not send emails.
6. You are the winner of a contest or a sweepstakes that is co-sponsored with a third party and that third party needs your information in order to manage the prize fulfilment process.
7. When required by law, such as when we respond to subpoenas, court orders, or legal process.
8. We believe that your actions violate applicable laws, Wickedly Delicious Ltd  Terms of Use, or any usage guidelines for specific products or services, or threaten the rights, property, or safety of our company, our users, or others.

Aggregate information
We aggregate personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for marketing, promotional, and other purposes. We do not disclose to these entities any information that could be used to identify you personally.

5. What are my options?
Users who would rather not provide any of the user data requested by our registration process do not need to register with us. You can still view much of the content and use many of the services offered by our sites without registering.
We also give users the following options:

1. Opting not to receive our electronic newsletters or those of third parties when registering. Users who opt in may remove themselves from mailing lists at any time through the subscription-management pages or by following the instructions at the end of the e-mail they received from us;
2. Opting not to provide certain personal information when registering for a site, provided, however, that you may not be able to use some of our products or services without providing us with certain information.

6. How can I review and update my personally identifiable information?
You can review, correct, or change the information collected during registration for any of our sites. The instructions for doing this can be found in our member-services areas. Users may change information at any time and as often as necessary. Users who are experiencing problems with our services or who have questions about how our services work can contact us using e-mail addresses at the bottom of this page.

7. How will I know if the privacy policy is changed?
Any modifications to our privacy practices will be reflected first within this area of our network of Web sites. If there is a material change in our privacy practices, we will indicate on our sites that our privacy practices have changed and provide a link to the new privacy statement. If we are going to be using the information collected from users in a manner materially different from that stated at the time of collection, we will send affected users written notice of the change by e-mail.

8. Privacy of children
None of the sites within our network is directed to children under the age of 13. We operate our network of sites in compliance with the Children's Online Privacy Protection Act and do not permit registration by, and will not knowingly collect or use personally identifiable information from, anyone under 13 years of age. This requirement is clearly posted during the registration process.

Questions, Comments
Questions regarding this privacy statement or any other aspects of our network of Web sites should be sent to our corporate offices at Wickedly Delicious Ltd, 24A Bruce McLaren Rd, Henderson, Auckland , Attention: Legal Department. We read every message submitted and try to reply promptly to everyone. We may also file your comments to improve the site, or review and discard the information.

WEBSITE TERMS OF USE

Your use of our Internet sites or any of the products or services offered on those sites (collectively, the "Services") is subject to these Terms of Use (these "Terms"). We may modify these Terms at any time without notice to you by posting revised Terms on our sites. Your use of our sites constitutes your binding acceptance of these Terms, including any modifications that we make.

Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

1.            Restrict, suspend, or terminate your access to all or any part of our Services;

2.            Change, suspend, or discontinue all or any part of our Services;

3.            Refuse, move, or remove any material that you submit to our sites for any reason;

4.            Refuse, move, or remove any content that is available on our sites;

5.            Deactivate or delete your accounts and all related information and files in your account;

6.            Establish general practices and limits concerning use of our sites.

You agree that we will not be liable to you or any third party for taking any of these actions.

You understand and agree that our Services may include communications such as service announcements and administrative messages from us or from our partners and that these communications are considered part of the Services. You will not be able to opt out of receiving these messages. You also understand that our Services may include advertisements.

Content on our sites

Our sites include a combination of content that we create, that our partners create, and that our users create. All materials published on our sites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our sites in whole or in part. If you would like to request permission to use any of the content on our sites, please review our copyright notice and visit our Permissions and Reprints page.

You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our sites ("Your Content"). You certify that you own all intellectual property rights in Your Content. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our sites, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.

Our site contains content that we create as well as content provided by third parties. This content includes, among other things, product reviews, white papers, and stock quotes. It also includes information about products and services offered by parties other than ourselves, such as product descriptions, specifications, pricing, availability, and performance. We do not guarantee the accuracy, the integrity, or the quality of the content on our sites, and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in the user opinion, message board, or feedback sections of our sites.

You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.

Third-party sites, products, and Services

Our sites contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.

We do not sell, resell, or license any of the products or the services that we review, list, or advertise on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.

Privacy policy

All of the information that we collect from you, such as registration and credit card information, is subject to our privacy policy. Please click here to see our full privacy policy.

Your conduct on our sites

If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.

The technology and the software underlying our sites and the Services is the property of Wickedly Delicious Ltd, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.

Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:

1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
2. Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
3. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;
4. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
6. Download any file that you know or reasonably should know cannot be legally obtained in such manner;
7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
8. Restrict or inhibit any other user from using and enjoying any public area within our sites;
9. Collect or store personal information about other end users;
10. Interfere with or disrupt our sites, servers, or networks;
11. Impersonate any person or entity, including, but not limited to, a Wickedly Delicious Ltd representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
12. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
13. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
14. Engage in any illegal activities.

You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.

If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these options.

Unauthorized access to our sites is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by Wickedly Delicious Ltd for use in accessing our sites. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.

Use of our sites is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our sites.

Requests to remove certain content from our sites

If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please review our copyright notice.

Indemnification

You hereby agree to indemnify, defend and hold Wickedly Delicious Ltd  and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "Wickedly Delicious Ltd Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any Wickedly Delicious Ltd Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:

1. Your use of our sites;
2. Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
3. The content, the quality, or the performance of content that you submit to our sites;
4. Your connection to our sites;
5. Your violation of these Terms; or
6. Your violation of the rights of any other person or entity.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims.

Disclaimers

We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our sites. We disclaim any responsibility for, and if you subscribe to one of our fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies our sites, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.

WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Arbitration

Wickedly Delicious Ltd  may elect to resolve any controversy or claim arising out of or relating to these Terms or our sites by binding arbitration in accordance with the commercial arbitration rules of the New Zealand Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Auckland, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Auckland, necessary to protect the rights or the property of you or Wickedly Delicious Ltd. (or its agents, suppliers, and subcontractors), pending the completion of arbitration.

Miscellaneous

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our sites or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting the Wickedly Delicious Ltd, 24a BruceMcLaren Rd, Henderson, Auckland.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and Wickedly Delicious Ltd and govern your use of our sites, superseding any prior agreements that you may have with us.

These Terms shall be construed in accordance with the laws of New Zealand, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Auckland  if seeking interim or preliminary relief or enforcement of an arbitration award.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.