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 TERMS AND CONDITIONS

 

1. ZINGGR LTD.

1.1 We whole heartedly thank every individual for visiting www.zinggr.nz and/or ordering food from ZINGGR website. Please read these Website Terms & Conditions carefully before ordering any products through the Website, as your use of the Website and purchase of any products offered on the Website is subject to these Website Terms & Conditions. By ordering products via the Website (whether now or in the future) or continuing to use the Website, you agree to be bound by these Website Terms.

Accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms& Conditions, you should leave the Website immediately, and you can order any product from the website.

Service: We provide a way for you to communicate your orders ("Orders") for products ("Products") to delivery or takeaway restaurants ("Restaurants") displayed on the Website (the "Service").

2. In this agreement defines:

‘Food or Items’ shall mean all food & Items and other goods ordered by you through the website;

‘Price or Cost of product or Cost of Item’ shall mean the cost of the food order by you through the website;

‘Privacy policy’ means our privacy policy posted on the website;

‘Restaurant’ means the restaurant supplying food to you through the website.

‘Terms and conditions’ shall mean the terms and conditions set out in this document;

‘We’, ‘us’ and ‘our’ shall mean ZINGGR Limited and its directors, agents and employees;

‘You’ shall mean the customer, its agents and employees or any person acting on behalf of and with the authority of you, or any person purchasing food from the website;

‘Website’ means www.zinggr.nz,

‘Website content’ mean all information and content available on the website, including logos, and other relevant text & pics etc.

3. Customer: Means You: Anyone who access the website: By placing an Order through the Website, you warrant that:

3.1. You are legally capable of entering into binding contracts; and

3.2. You are at least 18 years old.

3.3. You acknowledge and agree that if you have a specific food allergy or intolerance, you will contact the Restaurant directly to check that the food is suitable for you, before placing your order directly with them.

3.4. Alcohol and cigarettes: Furthermore, you acknowledge and agree that:


3.4.1. it is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18;

3.4.2. Cigarettes are not for sale to persons under the age of 18; and

3.4.3. Orders containing either alcohol or cigarettes can therefore not be accepted from or on behalf of persons under the age of 18. In the event that you place an order for alcohol or tobacco products, you will be required to provide your date of birth and may be required by the restaurant to show ID on delivery or pick up. For the avoidance of doubt, if your Order includes alcohol or tobacco, the Restaurant is providing you with these and zinggr is not selling alcohol or tobacco to you. zinggr supports the safe and responsible consumption of alcohol.

You acknowledge that we are acting as the agent for restaurants and that all food ordered by you through the website will be supplied by the restaurants and your contract for the supply of food will be with the restaurant on these terms and conditions.

4. Commercials:

4.1. Taxes and delivery costs: Prices for individual menu items will be as quoted on the Website in New Zealand dollars. These prices include any applicable taxes but may exclude delivery costs (if you opt for delivery instead of Pickup) and any online payment administration charge imposed by the Restaurant (if you pay for your Order online). These will be added to the total amount due where applicable.

4.2. Payment methods: Payment for Orders must be made by an accepted credit or debit card through the Website or in cash to the Restaurant at the point of delivery to you.

 

4.3. Card payments: If you pay by credit or debit card, you may be required to show the card to the Restaurant at the time of delivery as proof of identification and so that they can check that the card confirms with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in delays in sums being deducted from your bank account or charged to your credit or debit card.


4.4. Credit and discount vouchers: A credit or discount may apply to your Order if you use a promotional voucher or code recognised by the Website and endorsed by Zinggr and you pay for any balance by credit or debit card. A discount may also apply if you have an existing account credit and transact via this same process. Please refer to our Voucher Terms & Conditions for the full terms and conditions applicable to the use of credit and discount vouchers.


4.5. Rejected Orders: Once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, you will be charged the full amount of your Order. If your Order is subsequently rejected by the Restaurant or cancelled for any other reason, your bank or card issuer will refund the relevant amount. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Restaurant will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.

5. Online Orders Made:

5.1. You may only cancel an order for food from the website if you give at least 24 hours’ notice by email or telephone, which must be provided direct to the restaurant with a copy to us.

5.2. An order will only be fulfilled by a restaurant once it has been accepted by the restaurant via a message or email to you. A restaurant may reject an order for any reason whatsoever.

5.3 If a restaurant rejects your order for food, we will refund to you any payment for the food, less any surcharges paid by you, such as credit card surcharges. We will have no further liability to you for rejected orders.

5.4 Once an order is placed through the website and accepted by the restaurant, you will be advised about the processing time of the order via a message or email from the restaurant. Delivery times provided by the restaurant are an estimate only.

5.5 If you have any allergies, including without limitation to dairy, nuts or gluten, or any special requirements for your food whatsoever, you must place your order directly with the restaurant by visiting or calling the restaurant direct.

5.6 The restaurant may ask you to present your credit card on pickup or delivery in order to confirm your card number and identity.

6. Access:

6.1. Website availability: While we try to ensure the Website is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.


6.2. Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.


6.3. Information security: The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.

7. Damages, Faults, Defects & Risks:

7.1 The risk of any loss or damage to any food sold, or deterioration of the food, due to any cause whatsoever shall pass to you upon delivery of the food to you.

7.2 You shall inspect the food on delivery and you shall, within 24 hours of delivery, notify us and the restaurant of any alleged non-compliance, shortage in quantity, damage or failure to comply with the description (as applicable). If you fail to comply, the food shall be presumed to be in accordance with these terms and conditions and free from any damage or defect and neither we nor the restaurant shall not incur any subsequent liability whatsoever in relation to the food.

7.3 If we agree in writing that you are entitled to reject food, we will refund the purchase price of the food to you.

7.4 Food supplied to you is not able to be returned or exchanged except as otherwise set out in these terms and conditions, provided that nothing in these terms and conditions shall prevent a customer to whom the Consumer Guarantees Act 1993 (‘CGA’) applies from exercising any remedies that customer may have under the CGA.

8. Complaints:

8.1 If you have any complaints in relation to food supplied by a restaurant to you, please contact restaurant directly, if you can't get hold of restaurant then please contact us

9. Liability Scope:

9.1 The CGA, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon us which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on us or the restaurant, our and the restaurant’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the lesser of the minimum extent required by the relevant statute or the fees paid under the invoice for the food and services.

9.2 Except as otherwise provided by clause 9.1, we and the restaurant shall not be liable for any loss or damage of any kind whatsoever, arising from the supply of food and services to you, including consequential loss whether suffered or incurred by you or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from the services provided by us to you.

9.3 The guarantees contained in the CGA are excluded where the restaurant provides food for the purposes of a business in terms of sections 2 and 43 of the CGA.

9.4 Neither we nor the restaurant will be liable to you for any loss or damage arising out of or in connection with any delay or failure to perform the terms of the contract of supply where such delay or failure is caused directly or indirectly from causes beyond our control.

 

10. DISCLAIMERS

10.1. Website information: We may make changes to the material on the Website, or to the Service, Products and prices described on it, at any time without notice.

10.2. Specials listed on the Website are subject to change. Restaurants may alter their specials at any time given they are within the system limitations for menu items and special offers.

10.3. Allergy, dietary and other menu information: When a Restaurant signs up with us, they have to provide us with up-to-date menu information. We then include this on their dedicated page on the Website. Where this information includes allergy or other dietary information, we will do our best to republish this information on the website or app exactly as it appears on the restaurant's menu. If you have, or someone you are ordering for has, a concern about food allergies, intolerances or other dietary preferences, you should always contact the Restaurant directly before placing your order. Please do not use the "leave a note for the Restaurant" box for your food allergies or intolerances, please contact the Restaurant directly.

10.4. Restaurant actions and omissions: The legal contract for the supply and purchase of Products is between you and the Restaurant that you place your Order with. We have no control over the actions or omissions of any Restaurants. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:

10.4.1. We do not give any undertaking that the Products ordered from any Restaurant through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.

10.4.2. The foregoing disclaimers do not affect your statutory rights against any Restaurant.

10.5. Exclusion of terms: We provide you with access to the Website and Service on the basis that, to the maximum extent permitted by law, including the Consumer Guarantees Act (1993), we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website or Service, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise).

10.6. All Pictures shown for restaurants are for illustration purpose only. Actual products may vary.

11. Warranties

11.1 No representation, condition, warranty or premise expressed or implied by law or otherwise applies to food except where food is supplied pursuant to the CGA (subject to clause 6.3).

11.2 We make no warranty whatsoever as to the availability of the website. We will have no liability to you if the website is down for any reason, including, without limitation, an outage caused by routine maintenance, upstream provider outage or a malicious virus.

12. Indemnity

12.1 You indemnify us and the restaurant against any actions, proceedings, losses, damages, liabilities, claims, costs and expenses including fines, penalties, legal and other professional costs on a full indemnity basis, that we or the restaurant incur or suffer as a direct or indirect result of: the provision of food and services by a restaurant to you; any breach of these terms and conditions by you; or a bank requesting a refund of a payment made by you due to fraud.

13. Security

13.1 Please read our privacy policy so that you understand how we collect, use and store information about you.

13.2 The website uses SSL and we do not store your credit card information. All payments are handled by a secured third party.

14. Content Rights:

14.1 Website content is our property and protected by law, including laws governing copyright and other intellectual property rights.

14.2 You may not use, transfer or copy any of the website content for public or commercial use without our permission.

15. Others

15.1 Prices on the website are including GST are in New Zealand dollars.

15.2 Terms & Conditions will be sent by email to the email address provided by you at the time of registration.

15.3 Terms and Conditions shall be together on the legal representatives, assignees and successors of the parties.

15.4 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

15.5 No failure or delay on the part of either party in exercising any power or right under these terms and conditions will operate as a waiver, nor will any single or partial exercise of such right or power preclude any other or future exercise of the same, or any other right or power contained in these terms and conditions.

15.6 For the purpose of section 4 of the Contracts (Privity) Act 1982, the undertakings contained in this agreement are intended to create a benefit in favour of, and enforceable by, our directors, agents and employees and the restaurant.

16. Information:

16.1 Zinggr provides most accurate information regarding food and services, prices, images and colours on the website. However, to the maximum extent permitted by applicable laws, we do not warrant that the price, descriptions, text, colours, contents or other images on the website are comprehensive, error-free or completely accurate.

16.2 We reserve the right to make changes to any part of the website, prices or food available from the website at any time with or without prior notice.