DELIVEREASY TERMS AND CONDITIONS OF SERVICE

Welcome to delivereasy.co.nz website (our "Service"). This page (together with the documents referred to on it) tells you the terms and conditions on which our partner restaurants supply any of their meals (the "Meals") listed on our site to you. Please read these terms and conditions carefully before ordering any Meals from our site. By accessing our site and placing an order you agreed to be bound by these terms and conditions and our terms of use policy.

If you have any questions relating to these terms and conditions please contact support@delivereasy.co.nz before you place an order. If you do not accept these terms and conditions in full please do not use our Service.

1. INFORMATION ABOUT US

delivereasy.co.nz is a website operated by Delivereasy Limited ("we" or "us" or "Delivereasy"), incorporated and registered in New Zealand and operated from a physical address in Mt Victoria, Wellington, New Zealand. Our Company registration number is 5834409. Delivereasy is a business where the food is prepared by independent restaurants (our "Partner Restaurants") and delivered by independent Delivery Drivers ("Partner Drivers").

2. PURPOSE

The purpose of our Service is to provide a simple and convenient service to you (the Customer), linking you to the Partner Restaurant and menu of their choice and allowing you to order Meals from them. delivereasy advertises Meals on behalf of our Partner Restaurants, completes orders on their behalf and facilitate Partner Drivers delivering the meals to you.

3. SERVICE AVAILABILITY

Delivereasy offers an ordering service and facilitates a delivery service from our Partner Restaurants using our Partner Drivers. Each Partner Restaurant has a designated service area. This is to ensure that their Meals reach your door when they are at their best. If you live outside the delivery areas, you will not be able to order from these restaurants. Operating hours will vary depending on the availability of our Partner Restaurants. Please click on the relevant link to view the menus on our Service, and then click on your chosen menu which will provide you with the option to submit your order to your chosen Partner Restaurant.

4. ORDERS

When you place an order through our Service, an email thanking you for your order and confirming your order has been received (the "Confirmation Email") will be sent to you by Delivereasy Limited. The contract for the supply of any Meal you order through us will be between you and the Partner Restaurant and the contract for supply of delivery services will be between you and the Partner Driver. Both of the contracts will only be formed when you have clicked ‘complete order’ and your credit card transaction has processed successfully . Please ensure that you have given us a correct email address, as email is the primary way we will communicate with you about your Order. Please also ensure that you provide an accurate delivery address and mobile phone number to ensure that your Meals arrive to the correct location. If you do not open the door or respond to a phone call within 5 minutes of our Partner Drivers reaching your address, we reserve the right to leave the premises, and you will still be charged for the Meal. In most cases where you are not home, we will leave your Meal(s) at your front door. Delivereasy seeks to provide a quality service and will be the first contact in event there is a problem with your Meal either in regards to food quality and/or temperature. We work closely with our Partner Restaurants and it is of utmost importance to us that they meet our standards. Please let us know if you have any comments relating to our Partner Restaurants or in respect of the Meals by emailing support@delivereasy.co.nz or calling us.

5. MEALS

All Meals are subject to availability. Our Partner Restaurants may use nuts in the preparation of certain Meals. Please call our Partner Restaurant prior to ordering if you have certain dietary requirements. Delivereasy cannot guarantee that any of the Meals sold by our Partner Restaurants are free of allergens.

6. SALE OF ALCOHOL

Delivereasy distributes alcoholic beverages on behalf of Delivereasy Liquor Limited under the trading name of ‘Drinks’ on the Delivereasy app and via the website delivereasy.co.nz. Drinks delivers orders between the hours of 10am and 10pm. Drinks does not deliver on Good Friday, Easter Sunday, Christmas Day, and Anzac Day before 1pm and subject to any other regional restrictions and applicable health and safety requirements. It’s illegal for us to sell alcohol to anyone under the age of 18. It’s also illegal for you to buy alcohol if you’re under the age of 18, even if you’re buying as a gift for someone else. It’s illegal for you to falsely declare your age if you are under the age of 18 in order to buy alcohol from us. In accordance with the Sale and Supply of Alcohol Act 2012 this is an offence liable on conviction to a fine of up to $2,000. It’s pretty simple – if you’re under 18 do not order or attempt to order alcohol via the Delivereasy platform. Only persons aged 18 years and older are able to order from ‘Drinks’ via Delivereasy. This is in accordance with the Sale and Supply of Alcohol Act 2012. We will require age verification upon delivery of your order, in which case the only forms of valid ID we accept will be the original of your New Zealand or Overseas Passport, New Zealand Drivers Licence, Kiwi Access Card, or an existing Hanz 18+ Card. If the buyer/receiver is under the age of 18 or does not have valid ID the parcel will be returned to the depot for further instruction. Orders must be received in person and will not be left unattended for any reason. By submitting an order with us and agreeing to the Terms & Conditions you’re confirming that you (the buyer) and the receiver are aged 18 years or older and legally allowed to buy alcohol in New Zealand. We reserve the right to refuse delivery for any reason, including, but not limited to, if the buyer/receiver is intoxicated, under the age of 18, unable to provide valid ID on request, or we believe (at our discretion) the alcohol is intended for a minor. If this happens, then the delivery fee charged at the time of purchase will not be returned, and Delivereasy may, at its discretion, charge a return and restocking fee. A refund equal to the price of the alcohol purchased may be issued at Delivereasy’s discretion. 'Drinks’ is a trading name for Delivereasy Liquor Limited and trades under Liquor License number 007/OFF/9023/2023 which has an expiry date of 10 December 2024. Drinking alcoholic beverages can be enjoyable, but not when you over do it. Please be safe, drink responsibly and look after your friends and family.

7. AVAILABILITY AND DELIVERY

Our aim is to facilitate the best delivery service possible with Partner Drivers. Unfortunately things do not always go to plan and factors, such as traffic and weather, may occasionally prevent Partner Drivers from achieving the estimated delivery time. We will do our best to ensure that your Meal is delivered by the time outlined when you complete your order. The timing of your order is predetermined by the Partner Restaurant’s average preparation time and distance to your delivery address.

8. CANCELLATION

By completing and paying for your order you’re permitting the selected Partner Restaurant to begin preparation of your order. Once you have received confirmation of your order the restaurant has begun their preparation of your Meal(s) - from that point we cannot cancel any order. Please check your final order before confirming your purchase.

9. PRICE AND PAYMENT

The price of any Meals and delivery fee will be listed on our Service and include GST(if applicable). Prices are liable to change at any time, but such changes will not affect your immediate order. Despite our best efforts, some of the Meals listed on our Service may be incorrectly priced. Payment for all Meals can be made by credit or debit card through our Service. We accept payment from both Visa and Mastercard. Once your order has been confirmed your credit or debit card will have been authorised and the amount marked for payment. Payment is made directly to delivereasy and is then passed on by delivereasy to the Partner Restaurant and Partner Drivers. We are authorised by our Partner Restaurants and Partner Drivers to accept payment on their behalf which removes your obligation to directly pay them for that same order.

Unless specified as free or discounted delivery, discount codes and gift vouchers used as payment for an order are applied first to reduce the price of Meals purchased with the balance of the discount/gift voucher applied to the delivery fee (if applicable).

In the unlikely event that Partner Driver or a Partner Restaurant cannot complete your order due to: your desired Meal being unavailable or if we cannot meet demand around the time of your order - we reserve the right to refuse or cancel your order. While we strive to ensure that the prices and descriptions listed on delivereasy.co.nz are accurate - if there is an honest human error on our site, we reserve the right to refuse or cancel your order. In the event where we need to cancel your order, you will be promptly compensated or refunded the total paid amount of your order.

10. Delivery Policy

After ordering online, you will receive an email confirmation containing details of your order. You will receive confirmation and receipt of your order within a few minutes of ordering. A tax invoice/invoice for the Meal and Delivery Services provided can be requested through our Site. A Partner Driver will personally deliver your Meal(s) via private vehicle within 15 minutes of the delivery time confirmed when you made your order.

If you wish to query a delivery please contact us at support@delivereasy.co.nz.

11. Refund Policy

If for any reason you are not completely satisfied with the service you receive from delivereasy please contact us at support@delivereasy.co.nz. If you’re not satisfied with the Meals you’ve received from one of our Partner Restaurants, please be in direct contact with the restaurant or you can email any feedback to us at support@delivereasy.co.nz.

All refunds will be reviewed by Delivereasy on a case by case basis.

12. OUR LIABILITY

To the extent permitted by law, Delivereasy provides our Service and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, neither delivereasy nor any Partner Restaurant or Partner Driver shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Service. In the event that delivereasy or the Partner Restaurant or Partner Driver is found to be liable to you our total aggregate liability is limited to the final price of the Meals you have paid for in your order. This does not include or limit in any way delivereasy’s or any Partner Restaurant or Partner Driver's liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or it’s liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.

13. EVENTS OUTSIDE OUR CONTROL

No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in clause 11 shall excuse the Customer from any payment obligations under this Agreement.

14. WAIVER

Neither you, delivereasy nor the Partner Restaurant or Partner Driver shall be responsible to the others for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.

15. SEVERABILITY

If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.

16. ENTIRE AGREEMENT

These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.

17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

Delivereasy may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

18. LAW AND JURISDICTION

The New Zealand courts will have jurisdiction over any claim arising from, or related to, any use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with New Zealand law.

DELIVEREASY TERMS OF USE FOR WEBSITE

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website delivereasy.co.nz (our "Site"), whether as a guest or a registered user. By accessing our Site or by using our Service, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, do not use access our Site or use our Service.

1. INFORMATION ABOUT US

delivereasy.co.nz is a website operated by Delivereasy Limited ("we" or "us" or "Delivereasy"), incorporated and registered in New Zealand. Our Company registration number is 5834409. delivereasy is a business where the food is prepared by independent restaurants (our "Partner Restaurants") and delivered by independent Partner Drivers.

2. ACCESSING OUR SERVICE OR OUR SERVICES

Access to our Site and to our Service is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Site or our Service without notice (see below). We will not be liable if, for any reason, our Site or our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts our Site or our Service, or our entire Site or Service to users who have registered with us. You are responsible for maintaining the confidentially of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact support@delivereasy.co.nz straight away to let us know. We can deactivate your account at any time.

3. ACCEPTABLE USE

You may use our Service only for lawful purposes. You may not use our Site or our Service in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in clause 4 below. You also agree not to access without authority, interfere with, damage or disrupt any part of our Site or our Service or any network or equipment used in the provision of our Service.

4. CONTENT STANDARDS

These content standards apply to any and all material which you contribute to our Service (the "Contributions"), and to any interactive services (including social media) associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contributions as well as to its whole. Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in New Zealand and in any country from which they are posted. Contributions must not: contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any copyright, database right or trademark of any other person; be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or promote any illegal activity; be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person; be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

5. SUSPENSION AND TERMINATION

Failure to comply with section 3 (Acceptable Use) and/or 4 (Content Standards) in these Terms of Use constitutes a material breach of the Terms of Use, and may result in our taking all or any of the following actions: immediate, temporary or permanent withdrawal of your right to use our Service; immediate, temporary or permanent removal of any posting or material uploaded by you to our Service; issuing of a warning to you; legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; disclosure of such information to law enforcement authorities as we reasonably feel is necessary. The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.

6. INTELLECTUAL PROPERTY RIGHTS

We are the owner of or the licensee of all intellectual property rights in our Site and our Service, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.

7. RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Service, or by anyone who may be informed of any of its contents.

8. OUR SITE AND OUR SERVICES CHANGE REGULARLY

We aim to update our Site and our Service regularly, and may change the content at any time. If the need arises, we may suspend access to our Site and our Service, or close them indefinitely. Any of the material on our Site or our Service may be out of date at any given time, and we are under no obligation to update such material.

9. OUR LIABILITY

We have taken every care in the preparation of our Site and our Service. However, we will not be responsible for any errors or omissions in relation to such content or for any technical problems you may experience with our Site or our Service. If we are informed of any inaccuracies on our Site or in our Service we will attempt to correct this as soon as we can. To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Site, our Service, and any website linked to our Site and any materials posted on it. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

10. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE AND USE OF OUR SERVICE

We collect certain data about you as a result of you using our Service. You can find details of how we use your data in our Privacy Policy. At no point during your time as a customer or guest user do we hold or store information relating to your credit or debit card.

11. UPLOADING MATERIAL TO OUR SITE AND OUR SERVICE

Any material you upload to our Service or data that we collect as set out above (section 11) will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.

12. LINKS FROM OUR SITE

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

13. JURISDICTION AND APPLICABLE LAW

The New Zealand courts will have jurisdiction over any claim arising from, or related to, a visit to our Site or use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with New Zealand law.

14. VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

15. YOUR CONCERNS

If you have any concerns about material which appears on our Service, please contact support@delivereasy.co.nz.

16. PROMOTIONS AND DISCOUNTS

Delivereasy has many types of offers and promotions to help you enjoy the best of your neighbourhood, on-demand. Some of these offers include: $0 delivery fee, two-for-one offers, and percentage or dollar discounts on a customer’s total spend.

Offers may vary depending on certain regions.

Where can I find delivereasy offers and promo codes?

There are many different ways you could unlock a promo code or discount! The majority of offers are found in the ‘daily deals’ carousel listed on the app, but delivereasy will occasionally send offers to customers through email, mobile and more.

How do I redeem a promo code?

You can redeem promotional codes on the Checkout page of the app by entering them in the Promo code box and pressing ‘apply’.

Active promotions & discounts

Friends With Benefits Referrals

Referrals must be made through personal networks to be valid. Posting referral codes through a public or third party forum is deemed illegitimate referral and Delivereasy reserves the right to void the associated coupon and all previously accumulated discount associated with it. This includes Facebook pages and posts other than those of which the coupon owner is the owner of. The new customer referred must not have used Delivereasy before and the order must be a delivery order for an address that Delivereasy has not previously serviced. Referral coupons can be redeemed a maximum of 5 times within a 30 day period.

WESTIE promo code

This code entitles users to free delivery on orders with a minimum sub-total of $30. The code is not applicable with any other offers or promotional discounts. Available for a limited time and only in West Auckland delivery zones. Excludes Delivereasy Drinks.

CHCHFREE/AKLFREE/SHOREFREE promo code

This code entitles users to free delivery on orders with a minimum sub-total of $30. The code is not applicable with any other offers or promotional discounts. Available for a limited time and only in selected delivery zones. Excludes Delivereasy Drinks.

NEWBIE promo code

This code entitles users to 50% off delivered orders (up to $20 value). This promo code is for new customers only and is not applicable with any other Delivereasy offers or promotional discounts. New customers must not have used Delivereasy before and the order must be a delivery order for an address that Delivereasy has not previously serviced. The offer is available nationwide. Excludes Delivereasy Drinks. Code available for a limited time.

STILLNOTACUSTOMER promo code

This code entitles users to 51% off delivered orders (up to $21 value). This promo code is for new customers only and is not applicable with any other Delivereasy offers or promotional discounts. New customers must not have used Delivereasy before and the order must be a delivery order for an address that Delivereasy has not previously serviced. The offer is available nationwide. Excludes Delivereasy Drinks. Code available for a limited time.

New customer, free delivery for your first month promotion

This offer entitles new users to free delivery on orders with a minimum sub-total of $20. The BETTERTASTE promo code will be activated on a users profile following the completion of their first order successfully placed through Delivereasy. The offer will be valid for 31 days from activation and is not transferrable. New customers must not have used Delivereasy before and the order must be a delivery order for an address that Delivereasy has not previously serviced. This offer is not applicable with any other Delivereasy offers or promotional discounts. Excludes Delivereasy Drinks. Available for a limited time.

MOODFORFOOD promo code

This code entitles users to 20% off their next two delivered orders. Not applicable with any other Delivereasy offers or promotional discounts. Excludes Delivereasy Drinks. Code available for a limited time. Valid for up to two redemptions per delivery address only.

COMPETITIONS

Check back next time we run a comp!

Renewable Membership Terms and Conditions

1. GENERAL

These terms and conditions govern your purchase and use of a paid renewable membership service (“Renewable Membership”) providing you access to certain benefits on the Delivereasy Platform (The Platform). The Renewable Membership is provided to you by Delivereasy Limited NZBN 9429042065852, a New Zealand registered company (“Delivereasy”, “we” or “our”). These Renewable Membership Terms and Conditions - New Zealand (“Renewable Membership Terms”) govern your purchase and use of your Renewable Membership. Agreement to Renewable Membership Terms By purchasing a Renewable Membership, you agree to these Renewable Membership Terms, as well as any additional terms specified in the offer you received through the Delivereasy Platform or otherwise offered to you by Delivereasy in writing (including as set out at: www.delivereasy.co.nz/mates_rates (your “Offer”). Your Offer includes important details and restrictions, including where and when a Renewable Membership may be used, the Recurring Payment and Renewable Membership Benefits (both terms defined below), the recurring billing interval (“Billing Cycle”) and billing date (“Your Billing Day”). Please read your Offer carefully before purchasing a Renewable Membership. Your Offer may be varied from time to time in accordance with these Renewable Membership Terms. Scope of these Renewable Membership Terms These Renewable Membership Terms govern your use of your Renewable Membership and do not govern your use of the Delivereasy Platform. Delivereasy provides the Renewable Membership, including the Renewable Membership Benefits, in relation to services that you have separately procured from Delivereasy’s affiliates or Third Party Providers in connection with your use of the Delivereasy Platform. Delivereasy does not provide or sell delivery services, or items (such as food, beverages, and other goods) provided by Third Party Providers (“Items”).

Other terms that apply in connection with your use of the Delivereasy Platform are available at Delivereasy.co.nz/legal and include the Delivereasy General Terms of Use (“Delivereasy Terms”). Other supplemental or third party terms may also apply to your use of the Delivereasy Platform and certain Renewable Membership Benefits from time to time. Undefined, capitalised terms in these Renewable Membership Terms will have the meaning set forth in the Delivereasy Terms. For clarity: delivery services will be provided to you by Third Party Providers pursuant to the Delivereasy Terms; or by a Merchant pursuant to the Delivereasy Terms (as applicable); and Items will be sold to you by Third Party Providers pursuant to the Delivereasy Terms.

2. YOUR RENEWABLE MEMBERSHIP

Renewable Membership Benefits

Your Renewable Membership entitles you to certain benefits for the duration of your Renewable Membership (“Renewable Membership Benefits”). The details for your Renewable Membership Benefits (and any applicable limitations) will be set out in: (a) your Offer, as stated to you when you sign up for your Renewable Membership or amended in accordance with Section 4 of these Renewable Membership Terms; or (b) an email or the Delivereasy Platform, when they are temporary or additional benefits. Delivereasy may choose to offer more than one type of Renewable Membership. Renewable Membership Benefits may differ based on the type of Renewable Membership selected by you in your Offer.

Renewable Membership Benefits may include savings, delivery discounts and other benefits in relation to services purchased through the Delivereasy Platform in New Zealand, as well as other benefits offered by third parties to you in connection with your Renewable Membership from time to time. You may also receive additional savings, delivery discounts or other benefits that are personalised for you, from time to time. You can see the current key benefits that apply to your Renewable Membership here: www.delivereasy.co.nz/mates_rates.

Duration of Renewable Membership Benefits

The duration of your entitlement to the Renewable Membership Benefits will be specified in your Offer and will align with your Billing Cycle. Your entitlement to the Renewable Membership Benefits will automatically renew at the end of your Billing Cycle in accordance with Section 3, unless you cancel your Renewable Membership in accordance with Section 6. Delivereasy may cancel, suspend or otherwise restrict your entitlement to the Renewable Membership Benefits in accordance with Section 5.

Renewable Membership Limitations

Renewable Membership Benefits: (a) do not cover optional gratuities; (b) are subject to Third Party Provider or Delivereasy’s affiliate availability and acceptance of requests for transport or delivery services in your geographic area; and (c) may not be useable with all services on the Delivereasy Platform. Other limitations to Renewable Membership Benefits (such as a minimum order requirement) will be clearly described in your Offer, as stated to you when you sign up for a Renewable Membership, when the Renewable Membership Benefits are changed under Section 4, or when an additional or temporary benefit is notified to you by email or in the Delivereasy Platform.

Combining Benefits

Notwithstanding the terms and conditions of other benefits offered in connection with your Renewable Membership, Delivereasy may permit Renewable Membership Benefits to be combined with other benefits as long as such benefits do not conflict or overlap with Renewable Membership Benefits (“Other Benefits”). You should refer to the terms and conditions that apply to such Other Benefits. To the extent Delivereasy has permitted Renewable Membership Benefits to combine with Other Benefits: (a) Other Benefits may be applied after your Renewable Membership Benefits have been applied; and (b) you can view which delivery discounts or other savings apply in the checkout screen for an order prior to placing a request for delivery services. Savings or delivery discounts received through Renewable Membership Benefits may also be itemised in your delivery receipts respectively for your individual purchases placed through the Delivereasy Platform.;

3. CHARGES AND AUTO-RENEWALS

Recurring Payments

When you purchase a Renewable Membership, you agree to pay Delivereasy a recurring payment stated in your Offer when you sign-up for your Renewable Membership (as changed from time to time in accordance with Section 4 of these Renewable Membership Terms) (“Recurring Payment”). You are responsible for paying all Recurring Payments incurred under your Account. The applicable Recurring Payment is in New Zealand Dollars and inclusive of GST and applicable taxes where required by law. You authorise Delivereasy and its affiliates to charge the Recurring Payment for your first Billing Cycle to your nominated payment method on Your Billing Day, which will activate your Renewable Membership. Your Billing Cycle commences on Your Billing Day and expires at midnight on the day prior to Your Billing Day in the subsequent calendar month or year (as set out in your Offer).

Unless you select to not renew your Renewable Membership, it will automatically renew at the end of your Billing Cycle for a further Billing Cycle. You authorise Delivereasy and its affiliates to automatically charge the Recurring Payment to your nominated payment method (or other payment method attached to your account) for each subsequent Billing Cycle. If you do not want your Renewable Membership to automatically renew, you can cancel your Renewable Membership in accordance with Section 6 of these Renewable Membership Terms.

Delivereasy gift vouchers, vouchers and coupons are not accepted as payment methods for your Renewable Membership. Subject to your rights under New Zealand consumer laws and any other term in these Renewable Membership Terms, any charges made pursuant to this Section 3 are non-refundable.

Declined Payments

If your selected payment method is declined, Delivereasy or its affiliate will prompt you for a new payment method. Delivereasy will also automatically retry your selected payment method periodically over the course of your billing cycle to help you get back to enjoying the benefits of your membership, and/or may attempt to charge another payment method attached to your Delivereasy account. However, Delivereasy reserves the right to terminate your Renewable Membership for any unpaid Billing Cycles with no further charges to you. Neither Delivereasy or its affiliates are responsible for any fees charged by the provider of your payment method (for example, the bank you have a payment card with) including, but not limited to, overdraft fees, insufficient funds fees, interest charges, foreign exchange fees, cross border fees, or other fees levied by the provider of your payment method (each a “Payment Provider Fee”).

Free trial offers

Delivereasy, or third parties on behalf of Delivereasy, may offer you a free trial or other promotional entitlement to a Renewable Membership. Such trial or promotional entitlement is subject to: (a) these Renewable Membership Terms except as otherwise stated in the Offer; and (b) any additional terms advised to you by Delivereasy or a third party in connection with a free trial. Only one trial or promotional entitlement is available per user. Free trial eligibility is determined by Delivereasy and Delivereasy may limit such eligibility or duration to prevent free trial abuse. Certain limitations may be advised to you with respect to combining a free trial of the Renewable Membership with any other offers.

At the end of your applicable free trial period, your Renewable Membership will automatically renew and you will be charged the Recurring Payment stated in your Offer at the beginning of each Billing Cycle until you cancel your Renewable Membership.

4. CHANGES TO YOUR RENEWABLE MEMBERSHIP

Changes to Recurring Payment

Delivereasy may change the Recurring Payment charged to your selected payment method from time to time. If your Recurring Payment increases we will provide you with 30 days prior notice via email or in-app before such increase takes effect. All changes will be effective after the 30 day notice period, upon the commencement of your next Billing Cycle. You may avoid these changes by cancelling your Renewable Membership in accordance with Section 6.

Changes to Renewable Membership Terms and Renewable Membership Benefits

Delivereasy may amend these Renewable Membership Terms or the Renewable Membership Benefits from time to time. Delivereasy will provide you with at least 30 days’ written notice in the event of a material change to these Renewable Membership Terms or the Renewable Membership Benefits that detrimentally affects your rights under these Renewable Membership Terms. Amendments will be effective upon posting of such updated Renewable Membership Terms at this location or Renewable Membership Benefits at www.delivereasy.co.nz/legal, or such date specified in the written notice (as the case may be). Your continued use of your Renewable Membership after such posting or the expiry of the notice period (whichever is later), constitutes your consent to be bound by the amended Renewable Membership Terms or Renewable Membership Benefits (as applicable).

If you are not willing to agree to the revisions you may cancel your Renewable Membership at any time during the 30 day notice period and receive a refund in respect of the remaining time in your then current Billing Cycle. Nothing in this section limits any rights that you have under New Zealand consumer laws including the Consumer Guarantees Act 1993.

5. DELIVEREASY’S RIGHTS TO CANCEL, SUSPEND OR RESTRICT YOUR RENEWABLE MEMBERSHIP

(a) Delivereasy may restrict you from accessing or using your Renewable Membership, in whole or in part, immediately, without notice, in circumstances where Deliveresasy reasonably suspects that: (i) you have, or are likely to, breach these Renewable Membership Terms, the Delivereseasy Terms, and/or any applicable law; (ii) you have engaged in fraudulent activity in relation to, or otherwise misused, your Renewable Membership.

(b) Delivereasy may terminate these Renewable Membership Terms with respect to you, cancel your Renewable Membership, or generally cease offering or deny access to the Renewable Membership (in whole or in part): (i) immediately, where Delivereasy reasonably suspects that: (A) you have, or are likely to, breach these Renewable Membership Terms, the Delivereasy Terms, and/or any applicable law; (B) you have engaged in fraudulent activity in relation to, or otherwise misused, your Renewable Membership; and/or (C) the Delivereasy Terms are terminated with respect to you; or (ii) on 30 days’ written notice to you where Delivereasy, acting reasonably, terminates these Renewable Membership Terms for any legitimate business, legal or regulatory reason.

If Delivereasy terminates these Renewable Membership Terms or generally ceases to offer the Renewable Membership pursuant to Section 5(b)(ii), Delivereasy or an affiliate of Delivereasy will process a pro-rated refund to you based on charges already applied to your selected payment method for the current Billing Cycle. For clarity, subject to New Zealand consumer laws, Delivereasy and its affiliates will not process any refund if these Renewable Membership Terms are terminated pursuant to Section 5(b)(i).

(c) Without limiting any other termination rights, Delivereasy may terminate your Renewable Membership effective at the end of your then current Billing Cycle by providing you notice of such termination. If that happens, you will have access to your Renewable Membership Benefits until the end of your then-current Billing Cycle but your Renewable Membership will not auto-renew and you will not be charged for subsequent Billing Cycles.

6. CANCELLING YOUR PASS

You may cancel your Renewable Membership in the Mates Rates section in the navigation menu of the Delivereasy Platform and then select “Cancel Subscription”. To avoid charges for a subsequent Billing Cycle: (1) if you are more than 48 hours before your Billing Day, cancel in the Mates Rates section of the Delivereasy Platform as stated above; or (2) if you are within 48 hours of your Billing Day, contact the Delivereasy Support team via email at support@delivereasy.co.nz to cancel.

If you cancel your Renewable Membership, you will still have access to the Renewable Membership Benefits until the end of your then current Billing Cycle. Please contact the Delivereasy Support team via email at support@delivereasy.co.nz to report any unauthorised charges within 60 days. Delivereasy is not responsible for any Payment Provider Fees that you may incur.

Nothing in these Renewable Membership Terms or this section is intended to limit your rights as a consumer, including your entitlement to a refund or other applicable remedies, under New Zealand consumer laws.

7. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY LIMITATION SUBJECT TO NEW ZEALAND CONSUMER LAW

This Section does not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law, including any requirements of New Zealand consumer laws including the Consumer Guarantees Act 1993.

APPLICATION TO DELIVEREASY AND ITS AFFILIATES

The limitations in this Section apply to the liability of Delivereasy and its affiliates under these Renewable Membership Terms, including in relation to the Renewable Membership and any of the Renewable Membership Benefits. Neither Delivereasy nor any of its affiliates will be responsible or liable under or in connection with these Renewable Membership Terms for any delivery services, or Items. However, a Delivereasy affiliate may be liable to you in accordance with the Delivereasy Terms for the Delivery Services.

LIABILITY

Limitation of liability

If you are acquiring your Renewable Membership as a consumer, Delivereasy's liability for a failure to comply with a consumer guarantee in the case of services supplied to you by Delivereasy under these Renewable Membership Terms is limited to the supply of the relevant services again, or the payment of the cost of resupplying the services. In no event shall Delivereasy’s or its affiliates' total combined liability to you in connection with your purchase or use of your Renewable Membership for all damages, losses and causes of action (whether in contract, in tort (including negligence), in equity, by operation of law or otherwise) exceed the greater of: (a) one hundred New Zealand dollars (NZ $100); and (b) the value of the Recurring Payment(s) paid by you in respect of the Billing Cycle(s) in which the damage, loss or cause of action arose.

Exclusion of Liability

Deliveresay’s and its affiliates’ liability to you for a breach of any condition, warranty or term of these Renewable Membership Terms that is not a breach of a consumer guarantee is also limited in the following way: Delivereasy and its affiliates shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost savings, lost data, death, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Renewable Membership, even if Delivereasy or its affiliate has been advised of the possibility of such damages.

In addition, Delivereasy and its affiliates shall not be liable for: (i) delay or failure in performance resulting from causes beyond Delivereasy's or its affiliates’ reasonable control; or (ii) any damages, liability or losses arising out of your use of the Renewable Membership.

COMPLAINTS

Delivereasy or its affiliate will maintain a complaints management framework, and will manage this framework in a reasonable way and in accordance with New Zealand consumer laws including the requirements of the Consumer Guarantees Act.

INDEMNITY

You agree to indemnify and hold Delivereasy and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (i) your use of the Renewable Membership, including any Renewable Membership Benefits; (ii) your breach or violation of any of these Renewable Membership Terms; or (iii) your violation of the rights of any third party. Your liability under this clause shall be reduced proportionately if, and to the extent that, Delivereasy or its affiliate directly caused or contributed to any such Losses.

8. GOVERNING LAW; DISPUTE RESOLUTION

There are a number of mechanisms available to you to resolve any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Renewable Membership or these Renewable Membership Terms, including those relating to its validity, its construction or its enforceability (any “Dispute“). Delivereasy or its affiliate operates a complaints process to allow you to make complaints about Delivereasy, and Delivereasy or its affiliate also manages refunds to you in relation to those complaints. Delivereasy or its affiliate will operate this complaints process in a reasonable manner. In addition, you may have rights to make a complaint to fair trading or consumer law bodies in relation to applicable consumer laws, including the Consumer Guarantees Act 1993. Except as otherwise set forth in these Renewable Membership Terms, these Renewable Membership Terms shall be exclusively governed by and construed in accordance with the laws of New Zealand. In the event of a Dispute, either party may file an action in the courts of New Zealand or pursue final and binding arbitration or other alternative dispute resolution as agreed upon by the parties.

Any proceedings, including documents and briefs submitted by the parties, correspondence from a mediator, and correspondence, order and awards issued by an arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation set out in these Renewable Membership Terms.

9. OTHER PROVISIONS

Privacy

Our collection and use of personal information in connection with your Renewable Membership is as provided in the Deliverasy group’s privacy notice located at www.delivereasy.co.nz/legal

Notice

We may give notice by means of a general notice on the Delivereasy platform or website, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Delivereasy by written communication to Delivereasy’s address Delivereasy, 1/79 Taranaki Street, Te Aro, Wellington, 6011.

General

You may not assign or transfer these Renewable Membership Terms in whole or in part without Delivereasy’s prior written approval. You give your approval to Delivereasy for it to assign or transfer these Renewable Membership Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Delivereasy’s (or its affiliate’s) equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Delivereasy or of its affiliates as a result of the contract between you and Delivereasy or use of the Renewable Membership.

If any provision of these Renewable Membership Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Renewable Membership Terms but the legality, validity and enforceability of the other provisions in these Renewable Membership Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Renewable Membership Terms. These Renewable Membership Terms, including any incorporated policies, constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. Nothing in this clause limits your rights as a consumer that cannot be excluded under applicable law, including New Zealand consumer laws. In these Renewable Membership Terms, the words “including” and “include” mean “including, but not limited to”.