On this page
These Terms of Use (“Terms”) are an agreement between you and Pico Holdings Limited trading as “Those.” (Company Number 9420496, NZBN 9429053585240) (“we”, “us”, “our”).
They apply to the Those. app, website and related services (the “Services”). By creating an account or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Services.
1. What Those. does
Those. helps you find, check and shop for food that suits your dietary needs, household and budget. You can search for or scan products, see how a product matches your dietary profile, find alternatives, build a Shopping List and compare prices at major supermarkets across New Zealand.
Those. is not a supermarket. We do not sell, deliver or supply any product, and we are not affiliated with, endorsed by or a partner of any supermarket or brand shown in the Services unless we say so.
2. Your account
You must be at least 16 years old at the date of creation, to create an account. You must give us accurate information, keep your login details secure, and tell us promptly if you think your account has been used without your permission. The activity on your account remains your responsibility.
If you add information about other people in your household, you confirm you are authorised to do so.
3. Dietary results are not advice
Those. shows how each product matches your dietary profile using a traffic light: green (Suitable), amber (Unconfirmed) and red (Unsuitable). Results are based on information from supermarkets, manufacturers and researchers such as SpoonGuru and Allergy New Zealand, processed using automated tools (including AI) and human review.
The Services are not medical, nutritional or dietary advice, and a green result does not guarantee a product is safe for you. Product information can be incomplete, out of date or wrong, and manufacturers can change ingredients without notice. Amber means we cannot confirm suitability, so do not treat it as suitable. You must always read the product label before buying or eating a product, and seek advice from a qualified health professional about your dietary needs, especially for allergies and coeliac disease.
If you think a result is wrong, please use the report function on the app or inform us at legal@pico.kiwi so we can review it.
4. Prices, promotions and availability
Prices, member prices, promotions and stock information come from supermarkets and other sources. We update them regularly (everyday), but they may change or differ in store. The price you pay is set by the supermarket at the time of purchase. Member prices apply only if you are an eligible member of that supermarket’s programme.
Shopping List optimisation and savings estimates are guides only, based on the information available to us at the time.
5. Free trial and subscription
[Confirm commercial model.] New users may receive a free trial of [7] days. Unless you cancel before the trial ends, your subscription will start automatically at [NZ$3.99] per month (including GST) and renew each month until you cancel. We will clearly show you the price before your trial starts [and remind you before it ends].
You can cancel at any time in [your App Store or Google Play account settings / the app]. Deleting the app does not cancel your subscription. See clause 6 for what happens when you cancel.
If we change the subscription price, we will give you at least 15 working days’ notice, and you can cancel before the new price applies. Purchases made through the App Store or Google Play are also subject to their terms, including their refund processes.
6. Cancelling and closing your account
If you cancel during your free trial, you will not be charged, and your access to subscription features ends when the trial ends.
If you cancel a paid subscription, you keep full access until the end of the billing period you have paid for. After that, you will not be charged again and your access will revert back to the free version. We do not give refunds for part of a billing period, except where the law requires or clause 10 applies.
Your profile and Shopping Lists stay in your account after you cancel, so you can pick up where you left off if you resubscribe, unless you close your account. If you do not resubscribe within 12 months, we may close your account after giving you notice.
If you close your account, which you can do at any time in [insert settings location], your subscription ends and any lists you have shared stop working. Your personal information is deleted or anonymised as set out in our Privacy Policy. Closing your account cannot be undone. If you pay through the App Store or Google Play, cancel your subscription there first.
Clauses 3, 8, 9 and 11, and anything else that by its nature should continue, survive cancellation or closure.
7. Using the Services properly
You must use the Services only for your own personal, non-commercial use. You must not:
- scrape, copy, extract or collect data from the Services, including by bots, crawlers or automated means;
- copy, reverse engineer or try to recreate the Services, our product matching or our data;
- interfere with, overload or try to gain unauthorised access to the Services or other accounts; or
- use the Services for anything unlawful, misleading or harmful.
We may suspend or close your account if you breach these Terms. We will usually give you notice first, unless the breach is serious or the law requires otherwise.
8. Our intellectual property
We, or our licensors, own all rights in the Services, including the Those. name, logos, and branding, our software, dietary assessments, designs and compiled data. We give you a personal, non-transferable licence to use the Services in line with these Terms. Supermarket names, logos and product images belong to their respective owners.
If you send us feedback or corrections, you allow us to use them to improve the Services without payment to you.
9. Your consumer rights and our liability
Nothing in these Terms limits your rights under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or any other law that cannot be excluded. If you are using the Services for business purposes, the Consumer Guarantees Act does not apply.
To the extent the law allows, we are not liable for:
- your decision to buy or eat any product, or any reaction to a product;
- errors in information supplied by supermarkets, manufacturers or other third parties;
- products, prices, stock or service at any supermarket; or
- any indirect loss, or loss of profits or data.
To the extent the law allows, our total liability to you is limited to $50 (Fifty New Zealand Dollars).
10. Changes and availability
We may update the Services and these Terms from time to time. We will give you at least 10 days’ notice of any important change, and if you do not agree, you can close your account. The Services may sometimes be unavailable for maintenance or reasons outside our control.
We may stop providing the Services by giving you reasonable notice. If you have paid for a period you cannot use, we will refund the unused portion.
11. General
These Terms are governed by New Zealand law, and the New Zealand courts have jurisdiction. If any part of these Terms is unenforceable, the rest still applies.
Questions or complaints? Contact us at legal@pico.kiwi.