IMPORTANT LEGAL NOTICE

Customer Terms and Conditions of Use

I. TERMS AND CONDITIONS OF USE AND SALE.

INTRODUCTION AND OUR ROLE

Company details: Instafood NZBN9429048293174 is a company registered in New Zealand.

Service: We provide a way for you to place your orders ("Orders") for items ("Products") with restaurants ("Restaurants") for delivery through our service, as displayed on our app (the "Service").

The Services are made available solely for your personal, non-commercial use, unless Instafood has agreed with you otherwise in a separate agreement.

You may not:

APP ACCESS AND TERMS

When you use the app and register an account, you will provide us with personal information such as your name, email address, telephone number, credit or debit card information, and address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

You will be required to register an account when you place your first order, this includes creating a username and password. You are responsible for keeping your username and password secure and are responsible for all use and activity carried out under this username.

Acceptance of terms: By accessing any part of the app, you indicate that you accept these Terms. If you do not accept these Terms, you should leave the app immediately, and you will not be able to order any Products through the app.

Revision of terms: We may revise these Terms at any time. You should check the Website regularly to review the current Terms, because they are binding on you. You will be subject to the terms and conditions in force at the time that you place an Order through us.

Responsibility: You are responsible for making all arrangements necessary for you to have access to the app. You are also responsible for ensuring that all persons who access the app through your Internet connection and/or account are aware of these Terms and that they comply with them.

Commercial Electronic Messaging: By creating an Account, you agree that Instafood or its affiliates may send you commercial electronic messages (including email, SMS or push notifications, where applicable) as part of the normal business operation of your use of the Services. You agree that Instafood and its affiliates are not required to include an unsubscribe message in commercial electronic messages where it may be impracticable (including for push notifications). However, you may opt-out of receiving commercial electronic messages from Instafood at any time. You also acknowledge that opting out of receiving commercial electronic messages may impact your use of the Services. You cannot unsubscribe from transactional messages, including trip receipts and support responses. These communications are important for your experience.

YOUR STATUS

Capacity and age:

y placing an Order through the app, you warrant that: You are legally capable of entering into binding contracts; and You are at least 18 years old.

HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED

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. Compiling your Order: Once you select the Products you wish to order from the menu of your chosen Restaurant and provide other required information, you will be given the opportunity to submit your Order by clicking or selecting the "proceed", "place my order", "checkout" or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so we will process your Order and errors cannot be corrected.

Minimum Order Amount: If a Restaurant has a minimum order amount in place, you may not place an order with that Restaurant until the value of your Order equals or exceeds that amount. The minimum order amount must be met after applying any discounts or specials that reduce the total Order amount.

Amending or cancelling your Order: Once you submit your Order and your payment has been authorized, you will not be entitled to change or cancel your Order through the app. If you wish to change or cancel your Order, you may contact the Restaurant directly, or our Customer Service and they will attempt to contact the Restaurant to communicate your requests. However, there is no guarantee that we will be able to reach the Restaurant or that the Restaurant will agree to your requests as they may have already started to process your Order.

Payment authorization: Where any payment you make is not authorized, your Order will not be processed by or communicated to the relevant Restaurant.

Processing your Order and Restaurant rejections: On receipt of your Order, we will begin processing it by sending it to the relevant Restaurant and will notify you that your Order has been received and is being processed. Any confirmation page that you may see on the app and any Order confirmation notification that you may receive each merely indicate that your Order has been received and is being processed by us, and does not necessarily mean that your Order has been accepted by the Restaurant. Restaurants have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. We encourage all our Restaurants to accept all Orders and to communicate any rejection promptly, and we will notify you as soon as reasonably practicable if a Restaurant rejects your Order. When a Restaurant confirms receipt of the order and expected collection or delivery time, we will send you confirmation.

Delivery of your Order: Estimated times for deliveries and collections are provided by the Restaurants and are only estimates. Neither we nor the Restaurants guarantee that Orders will be delivered or will be available for collection within the estimated times. All food preparation and deliveries are the sole responsibility of the Restaurant accepting the Order. To the extent permitted by law, Instafood accepts no liability associated with food preparation or delivery by the Restaurant accepting the order.

PRICE AND PAYMENT

You understand that use of the Services may result in charges to you for the services or goods you receive from a Third-Party Provider. After you have received services or goods obtained through your use of the Service, Instafood will facilitate your payment of the applicable charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the charges in such manner shall be considered the same as payment made directly by you to the Third-Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Instafood or required by the Consumer Guarantees Act (1993) or the Fair-Trading Act (1986) ("NZ Consumer Law"). Under NZ Consumer Law, you may be entitled to a refund for a major failure of the Services, or other remedies for a minor nature. You retain the right to request lower Charges from a Third-Party Provider for services or goods received by you from such Third-Party Provider at the time you receive such services or goods. Instafood will respond accordingly to any request from a Third-Party Provider to modify the Charges for a particular service or good. All Charges are due immediately and payment will be facilitated by Instafood using the preferred payment method designated in your Account, after which Instafood will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Instafood may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.

Taxes and delivery costs: Prices for individual menu items will be as quoted on the app in New Zealand dollars. These prices include any applicable taxes 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. Incorrect pricing: This Website contains a large number of menus and it is possible that some of the menus may include incorrect prices. The products will be sold for the displayed price even if the correct price for an Order is higher than the price stated on the app.

Payment methods: Payment for Orders must be made by an accepted credit or debit card through the app Credit and discount vouchers: A credit or discount may apply to your Order if you use a promotional voucher or code recognized by the app and endorsed by Instafood and you pay for any balance by credit or debit card.

Rejected Orders: Once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorized, 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 several working days. You acknowledge and agree that neither Instafood 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.

CUSTOMER CARE

General: Customer care is extremely important to us. Our Customer Care team will therefore try to assist you where possible if you have any problems with your Order. You can contact our Customer Care team via the APP or email.

Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order, you can either contact the Restaurant directly, or our Customer Care Team as above.

Changing or cancelling your Order: If you wish to change or cancel your Order after it has been submitted and payment has been authorized, you may contact our Customer Care team as described above and they will attempt to contact the Restaurant in order to communicate your requests. However, there is no guarantee that we will be able to reach the Restaurant or that the Restaurant will agree to your requests as they may have already started to process your Order.

Complaints or feedback: In the event that you would like to express your opinion on the quality of any Products or the service provided by a Restaurant, please consider providing feedback in the form of ratings, comments and reviews on the app (together, "Reviews"). The Reviews are an important part of our quality control process.

Compensation: If you are dissatisfied with the quality of any Products or the service provided by a Restaurant and wish to seek a refund, a proportionate price reduction or any other compensation, you should do so via the APP. Please note that we have no control over Restaurants and the quality of the individual Products or service that they provide, and we not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Restaurant.

LICENCE

Terms of permitted use: You are permitted to use the app and print and download extracts from the app for your own personal non-commercial use on the following basis:

You must not misuse the app (including by hacking or "scraping").

Unless otherwise stated, the copyright and other intellectual property rights in the app and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Terms, any use of extracts from the app other than in accordance with the terms laid out in this Terms and Conditions is prohibited.

You must not modify the digital or paper copies of any materials that you print off and you must not use any pictures, photographs, any other graphics, video, or audio sequences separately from any accompanying text. You must ensure that our status as the author of the material on the app is always acknowledged. You are not allowed to use any of the materials on the app or the app itself for commercial purposes without obtaining a licence from us to do so.

Limitation on use: Except as stated above, the app may not be used, and no part of the app may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.

Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.

SERVICE ACCESS

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

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

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 app; any transmission is at your own risk.

VISITOR MATERIAL AND REVIEWS

General: Other than personally identifiable information, which is covered under our Privacy Policy, any material you post, upload or transmit or upload to the app (including without limitation Reviews) ("Visitor Material") will be considered non-confidential and non-proprietary. By posting, uploading, or transmitting any Visitor Material, you represent and warrant that you own or otherwise control all of the rights to such Visitor Material. You agree that we will have no obligations with respect to any Visitor Material, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any Visitor Material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.

You represent and warrant that any Visitor Material you post, upload, or transmit does not and will not breach any of the restrictions below.

Visitor Material Policy: You are prohibited from posting, uploading, or transmitting to or from the app any Visitor Material (including any Reviews) that:

Removal of Reviews: The prohibited acts listed above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the app that we determine breaches a prohibition as above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason. Notwithstanding the foregoing, Instafood will not remove or edit reviews where we believe that doing so would be in breach of the Consumer Guarantees Act (1993).

Use of Reviews: The Reviews and other Visitor Material contained on the app are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the app, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, including the Consumer Guarantees Act (1993) we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.

Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by a Restaurant or any other third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in these Terms.

Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of these terms or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.

LINKS TO AND FROM OTHER WEBSITES

Third party websites: Links to third party websites on the app are provided solely for your convenience. If you use these links, you leave the app. We have not reviewed and do not control any of these third-party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third-party websites, you do so entirely at your own risk.

Linking permission: You may link to the app or website homepage (www.instafood.co.nz), provided that:

DISCLAIMERS

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

Allergy, dietary and other menu information: When a Restaurant signs up with us, they have to provide us with upto-date menu information. We then include this on their dedicated page on the app. 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.

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 app:

Exclusion of terms: We provide you with access to the 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 Service, or be otherwise implied or incorporated into these Terms, by statute, common law or otherwise). All Pictures shown for restaurants are for illustration purpose only. Actual products may vary.

LIABILITY

General: Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law, including the Consumer Guarantees Act (1993). Nothing in these Website Terms affects your statutory rights, including right relating to the consumer guarantees applicable to the supply of services under these Terms.

Exclusion of liability: We will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service or the app (including the use, inability to use or the results of use of the Service or the app) for:

Limitation of liability: Our total liability to you in respect of all other losses arising under or in connection with the Service or the app, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of your order.

Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the app, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.

Indemnity: You agree to indemnify and hold Instafood and applicable affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis, made by any third party due to or arising out of your breach of these Terms or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.

TERMINATION

Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the app and the Service immediately by notifying you in writing (including by email) if we believe in our sole discretion that:

Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the app.

WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using the app or ordering Products via the app, you accept that communication with us will be mainly electronic. We may contact you by email or provide you with information by posting notices on the app. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-occurrence, omission, or accident beyond our reasonable control and includes (without limitation) the following:

Our performance under these Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.

ADDITIONAL TERMS

Privacy Policy: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is incorporated into these Terms by this reference.

Severability: If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire agreement: These Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of your or our rights or remedies.

Assignment: You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without your prior written consent to any of our affiliates or any business that we enter a joint venture with, purchase or are sold to.

Headings: The headings in these Terms are included for convenience only and shall not affect their interpretation.

GOVERNING LAW AND JURISDICTION

These Website Terms shall be governed by and construed in accordance with the law of New Zealand. Disputes or claims arising in connection with these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of New Zealand.

II. INSTAFOOD VOUCHER TERMS & CONDITIONS

The following general terms and conditions (the "General Voucher Terms") will apply to all vouchers issued by Instafood from time to time for use on the app ("Vouchers"). Individual Vouchers will also be subject to, and the General Voucher Terms will be supplemented and/or modified by, additional terms and conditions (the "Specific Voucher Terms") that will be specified on the Voucher or at the time the Voucher is issued.

Vouchers may only be redeemed towards online Orders from Restaurants made through the app. The code provided with the Voucher is to be entered at the end of the checkout process. The final amount owing after a Voucher has been applied will be shown at the top of the credit card entry page and any remaining balance must be paid by credit or debit card.

Subject to the Consumer Guarantees Act (1993), Vouchers provided by Instafood cannot be exchanged or refunded, and are valid for such period specified at the time of issue of the Voucher. Instafood reserves the right to cancel any voucher any time without notice. To the extent required by law, including the Consumer Guarantees Act (1993), Instafood will provide a remedy if it cancels a Voucher.

Vouchers are not available for redemption at Restaurants that display "Vouchers Not Accepted” and may be valid at other Restaurants only under certain conditions (for example, first time Instafood customers). One voucher cannot be used for more than one order and the full amount must be used in one transaction (no change will be given). Instafood reserves the right to charge the value of the voucher to your allotted credit card if we determine that the voucher was redeemed contrary to the terms of use.

The right to use a Voucher is personal to the intended recipient and may not be transferred. No Voucher may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without our prior written permission. Vouchers distributed or circulated without our written approval, for example on an Internet message board or on a "bargains" website, are not valid for use and may be refused or cancelled.

Unless otherwise provided or specified in the Specific Voucher Terms:

When you use a Voucher you warrant to us that you are the duly authorized recipient of the Voucher and that you are using it in accordance with these terms, lawfully, legally and in good faith. If we believe in our sole discretion that a Voucher is being used in breach of these terms, unlawfully, illegally or in bad faith, we may reject or cancel the Voucher.

Vouchers may not be exchanged for cash.

To the extent permitted by law, including the Consumer Guarantees Act (1993), we shall not be liable to any customer or household for any loss or claim arising out of the refusal, rejection, cancellation or withdrawal of any Voucher or any failure or inability of a customer or household to use a Voucher.

To the extent permitted by law, including the Consumer Guarantees Act (1993), we reserve the right, at any time and in our sole discretion, to add to or amend these terms and conditions in relation to the use of Vouchers or to vary or terminate the operation of a Voucher at any time without notice.

All standard terms and conditions from time to time for use of the Website and the Service apply.

III. INSTAFOOD COMPETITIONS TERMS & CONDITIONS

The following general terms and conditions (the "General Competition Terms") will apply to all competitions run by Instafood.

Individual competitions will also be subject to, and the General Competition Terms will be supplemented and/or modified by, additional terms and conditions (the "Specific Competition Terms") that will be specified in connection with each competition.

Competitions are open to individual residents of New Zealand aged or over, except employees of Instafood, their associated, affiliated, or subsidiary companies, and their families, agents, or anyone connected with the competition.

Winners will be responsible for ensuring they are able to accept the relevant prize, as set out and in accordance with these General Competition Terms and any applicable Specific Competition Terms. We reserve the right to redraw a competition winner if the relevant prize is not accepted or claimed within the time period stated in the applicable Specific Competition Terms.

Completing and submitting a competition entry form will be deemed acceptance of the General Competition Terms and any applicable Specific Competition Terms.

The General Competition Terms and any applicable Specific Competition Terms shall be governed by the laws of New Zealand and subject to the exclusive jurisdiction of the courts of New Zealand.

Any personal data that is collected as part of any Instafood competition will be handled in accordance with our Privacy Policy.

To the extent permitted by law, including the Consumer Guarantees Act, we reserve the right to withdraw any competition at any time without prior written notice and/or to alter or amend the General Competition Terms or the Specific Competition Terms for any competition at any time.

All standard terms and conditions from time to time for use of the Website and Service apply.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.