DELIVEREASY Ltd LEGAL

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 us.

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 delivers the Meals to you.

3. SERVICE AVAILABILITY

delivereasy offers an ordering and delivery service from our Partner Restaurants. 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 on behalf of the Partner Restaurant. The contract for the supply of any Meal you order through us will be between you and the Partner Restaurant and 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 delivery 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 DOES NOT offer nor promote the delivery of any alcohol products as part of our Service.

7. AVAILABILITY AND DELIVERY

Our aim is to provide the best delivery service possible. Unfortunately things do not always go to plan and factors, such as traffic and weather, may occasionally prevent us from achieving our 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 your final order before confirming your purchase.

9. PRICE AND PAYMENT

The price of any Meals will be listed on our Service and include GST. 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. We are authorised by our Partner Restaurants to accept payment on their behalf which removes your obligation to directly pay that restaurant for that same order.

In the unlikely event that delivereasy 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 refunded the total sum of your order.

10. Delivery Policy

After ordering online, you will receive an email confirmation from eWAY containing details of your order. You will receive confirmation and receipt of your order within a few minutes of ordering. A Delivery 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.

After ordering online, you will receive an email confirmation from eWAY containing your order details (if you have provided your email address). We will normally confirm receipt of your order within a few minutes of ordering.
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 are completely at the discretion of delivereasy.

11. 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 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 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'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.

12. 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.

13. WAIVER

Neither you, delivereasy nor the Partner Restaurant 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.

14. 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.

15. 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.

16. 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.

17. 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 us.

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.
6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. YOUR CONCERNS

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