Terms & Conditions

These terms and conditions (Terms) are entered into between Order Food Shaara Limited T/A OrderFoodShaara NZBN 9429053861504 (we, us or our) and you (the Customer), together the Parties and each a Party.

We operate an online food ordering and restaurant marketplace platform (Platform) that connects Restaurants with Customers, enabling Customers to order food, arrange delivery or pickup, make table bookings, and access other restaurant services offered through the Platform.

23. Acceptance and Platform Licence

23.1 You accept these Terms by completing the customer registration process, creating a Customer Account, and accepting these Terms on the Platform.

23.2 You must be at least 18 years old to use the Platform.

23.3 We may amend these Terms at any time by publishing the updated Terms on our website and updating the "Last updated" date accordingly. We will also provide written notice to you of any material changes. By continuing to use the Platform after 30 days from the date the updated Terms are published, you agree to be bound by the amended Terms.

23.4 Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.

23.5 When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:

• anything that would constitute a breach of an individual's privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
• using the Platform to defame, harass, threaten, menace or offend any person;
• using the Platform for unlawful purposes;
• interfering with any user of the Platform;
• tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
• using the Platform to send unsolicited electronic messages;
• using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
• facilitating or assisting a third party to do any of the above acts.

23.6 By placing any order for food on the website, you accept and agree to be bound by these terms and conditions without limitation or qualification.

24. Customer Accounts

24.1 You must register on the Platform and create a Customer Account to place food orders through OrderFoodShaara.

24.2 You may only have 1 Customer Account on the Platform.

24.3 When registering for a Customer Account, you must provide your first name, middle name (optional), last name, phone number, location (town/city and region), and email address. You must also choose a password. At the time of registration, you must agree to these Terms and our Privacy Policy.

24.4 You may subscribe or unsubscribe from promotional emails at any time by adjusting your email preferences in your Customer Account settings. All personal information you provide to us will be treated in accordance with our Privacy Policy and the Privacy Act 2020.

24.5 You agree to provide and maintain up to date information in your Customer Account and to not share your Customer Account password with any other person. Your Customer Account is personal, and you must not transfer it to others.

24.6 You are responsible for keeping your Customer Account details and your username and password confidential and you will be liable for all activity on your Customer Account, including purchases made using your Account details.

25. Acknowledgement

25.1 You acknowledge OrderFoodShaara only acts as an agent for restaurants and that all food ordered by you through the website will be supplied by the restaurants. Your contract for the supply of food will be with the restaurant, subject to these terms and conditions.

25.2 You acknowledge that where you agree for a delivery service provider to deliver food from a restaurant to you (or another recipient) that these delivery services are not provided by us and the delivery service provider will have sole responsibility for the delivery of the food to you.

25.3 You acknowledge and agree that the terms and conditions of the relevant Restaurant, Delivery Provider, or any third-party delivery service provider may also apply to your order and the services they provide.

26. Price and Payment

26.1 The price of the food payable by you shall be the price displayed on the website at the time of order.

26.2 The price of the delivery service for the food shall be the price calculated by the website at the time of order, together with any service fee, if applicable.

26.3 We require payment in full at the time you place an order through the website.

26.4 If you use a credit card or debit card to pay for food (and delivery), we may charge you credit card fees in addition to the price of the food (and delivery).

26.5 A restaurant may withhold the provision of any food until all amounts due by you have been paid.

26.6 You indemnify us for all losses, costs, expenses and claims we incur if a bank determines (whether acting reasonably or otherwise) that a payment made by you is a fraudulent payment.

27. Orders, Cancellation and Refunds

27.1 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.

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

27.3 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.

27.4 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 text message or email or website notification from the restaurant. Delivery times provided by the restaurant are estimates only.

27.5 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 directly.

27.7 You acknowledge and agree that an order for food (and delivery services) from a restaurant through the website will mean that the website will release certain details and information about you to the restaurant, the delivery service provider, and the driver, and you authorise the release of such details including your name, phone number, email address and delivery address.

28. Delivery

28.1 We do not provide delivery services and are not responsible for the obligations of delivery service providers and drivers. You arrange any required delivery services through the website. We collect delivery charges from you on behalf of delivery service providers.

28.2 A delivery service provider is contracted to collect your food from a restaurant and deliver it or arrange delivery to you. The delivery service providers are independent of us and we do not guarantee the standard of delivery services.

28.3 Delivery times are estimated only and not guaranteed and there are many factors that may affect your order and delivery.

28.4 You must ensure the delivery address you provide is safe to enable the driver to deliver the food to you in a safe manner and in compliance with all relevant health and safety standards.

28.5 If a driver is unable to safely access and deliver your food to you then you will still be charged the full amount of the food and delivery.

28.6 If you cancel a request for delivery service prior to delivery to you (or another recipient) then you will still be liable for the price of the delivery service (unless you give at least 24 hours' notice by email or telephone, which must be provided direct to the restaurant, with a copy to us).

29. Risk and Defects

29.1 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.

29.2 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).

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

29.4 Food supplied to you cannot 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.

30. Reviews

30.1 You may submit a review of a Restaurant, your Order, or your overall experience on the Platform (Review).

30.2 Reviews may be viewed by other users and will remain on the Platform unless removed by us.

30.3 You agree that all Reviews must be honest, accurate and based on your own experience. We may remove any Review that is false, misleading, offensive, abusive, defamatory or otherwise inappropriate.

30.4 You may only submit a Review if you have placed an Order or had a genuine experience with the Restaurant through the Platform.

30.5 You must not submit a Review if you own, work for, or have an immediate family member who owns or works for the Restaurant, or if you are reviewing a competing Restaurant where you have a financial or employment interest.

30.6 Reviews should relate to experiences within the previous 12 months.

30.7 If you received any incentive from a Restaurant to leave a Review, you must disclose this in your Review.

31. Complaints

31.1 If you have any complaints in relation to food supplied by a restaurant to you, please contact the restaurant directly. If you cannot get hold of the restaurant then please contact us.

32. Limitations on Liability

32.1 We provide the Platform and the OrderFoodShaara Services on an "as is" and "as available" basis. To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:

• any aspect of the interaction between Customers and Restaurants, including the food, beverages, products or services offered by Restaurants, menu descriptions, pricing, ingredients, allergens, nutritional information, food quality, preparation, availability, delivery, pickup, dine-in services, or any advice provided by Restaurants;
• any disputes, claims, complaints or issues between Customers and Restaurants;
• any loss, damage, illness or injury suffered by Customers or third parties arising from food or services provided by Restaurants, including food allergies, allergic reactions, food poisoning, contamination, dietary requirements, personal injury, property damage or any other harm;
• the actions, omissions or delays of Restaurants, delivery drivers, third-party delivery providers, payment processors, hosting providers or any other third-party service providers;
• any delays in food preparation, delivery or pickup, inaccurate estimated delivery times, unavailable menu items, restaurant closures or operational issues outside our reasonable control;
• the unavailability of the Platform due to maintenance, technical issues, hosting or server failures, natural disasters, war, cyber-attacks, hacking or other events beyond our reasonable control;
• any loss or corruption of data, or any damage to your device or systems; or
• any reliance you place on menu descriptions, pricing, photographs, promotional content, nutritional information or other information provided by Restaurants on the Platform.

32.2 Despite anything to the contrary, to the maximum extent permitted by law:

• neither Party will be liable for any Consequential Loss;
• each Party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party; and
• Our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the greater of NZD $100 or the service fees and payment processing fees paid by you in relation to the relevant order that gave rise to the Liability.

33. Warranties

33.1 You represent, warrant and agree that:

• you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;
• there are no legal restrictions preventing you from entering into these Terms;
• all information and documentation that you provide to us in connection with these Terms is true, correct and complete.

33.2 Subject to any rights you may have under New Zealand consumer laws, we exclude all express and implied warranties, and the Platform and all services are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

34. Privacy and Customer Information

34.1 Please read our Privacy Policy to understand how we collect, use, store and protect your personal information.

34.2 OrderFoodShaara does not store your credit or debit card details. All payments are securely processed by third-party payment providers.

34.3 By using the Platform, you consent to us collecting, using and sharing your personal information with Restaurants, payment providers, delivery providers and other service providers where necessary to process, prepare, deliver or complete your order or booking, or as otherwise required by law.

35. Intellectual Property

35.1 All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Platform, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.

35.2 We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.

35.3 You must not, without our prior written consent: copy, in whole or in part, any of Our Intellectual Property; reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or breach any intellectual property rights connected with the Platform.

36. General

36.1 All prices displayed on the Platform are in New Zealand Dollars (NZD) and include GST unless otherwise stated. All payments are processed in NZD.

36.2 Any notices we send to you under these Terms may be sent by email to the email address associated with your Customer Account.

36.3 These Terms are binding on you and us, including our respective legal representatives, successors and permitted assigns.

36.4 If any provision of these Terms is found to be invalid, illegal or unenforceable, the remaining provisions will continue in full force and effect.

36.5 Any failure or delay by either Party to exercise a right under these Terms does not waive that right or any other rights.

36.6 OrderFoodShaara acts as an agent. Restaurants are responsible for preparing and supplying food, and delivery providers are responsible for delivery services where applicable.

36.7 These Terms are governed by the laws of New Zealand, and any disputes will be subject to the exclusive jurisdiction of the New Zealand courts.

37. Definitions

• Customer means a person who registers for an account on the Platform to browse menus, place orders, make bookings or use services offered by Restaurants through the Platform.
• Customer Account means your account on the Platform.
• Delivery Provider means a Restaurant, independent driver or third-party delivery service responsible for delivering orders placed through the Platform.
• Force Majeure Event means any event or circumstance beyond a Party's reasonable control.
• Intellectual Property means all intellectual property rights, including copyrights, trade marks, logos, software, designs, content, databases and other proprietary rights, whether registered or unregistered.
• Liability means any loss, damage, claim, expense, cost or liability, whether direct or indirect, arising under contract, statute, tort (including negligence) or otherwise.
• Order means any food, beverage or other product or service requested by a Customer through the Platform.
• OrderFoodShaara Services means the services provided by OrderFoodShaara through the Platform.
• Platform means the OrderFoodShaara website, mobile application and related services.
• Restaurant means a business registered on the Platform that offers food, beverages or related services for sale.
• Review means a rating, comment or feedback submitted by a Customer about a Restaurant or an Order.