DELIVERY EXPRESS LIMITED
DELIVERY EXPRESS TERMS AND CONDITIONS OF SERVICE
If you have any questions relating to these terms and conditions please contact email@example.com 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
deliveryexpress.co.nz is a website operated by Delivery Express Limited ("we" or "us" or "DeliveryExpress"), incorporated and registered in New Zealand and operated from a physical address in Bishopdale, Christchurch New Zealand. Our Company registration number is 6301647. DeliveryExpress is a business where the food is prepared by independent restaurants (our "Partner Restaurants") and groceries are provided by independent physical stores and delivered by us.
The purpose of our Service is to provide a simple and convenient service to you (the Customer), linking you to the Partner Restaurant/grocery store and menu of their choice and allowing you to order Meals from them. DeliveryExpress advertises Meals/Groceries on behalf of our Partner Restaurants/Stores, completes orders on their behalf and delivers the Meal/groceries to you.
3. SERVICE AVAILABILITY
DeliveryExpress offers an ordering and delivery service from our Partner Restaurants/Stores. Each Partner Restaurant/Store has a designated service area. This is to ensure that their Meals/Grceries 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/Stores. 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/Store.
When you place an order through our Service, an Notification for your order and confirming your order has been received will be sent to you by DeliveryExpress Limited on behalf of the Partner Restaurant/Store. The contract for the supply of any Meal/Grocery you order through us will be between you and the Partner Restaurant/Store 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/Phone, as email/Phone number 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/Groceries 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/Grocery. In most cases where you are not home, we will leave your Meal(s)/Groceries at your front door. DeliveryExpress seeks to provide a quality service and will be the first contact in event there is a problem with your Meal/Grocery either in regards to food quality and/or temperature. We work closely with our Partner Restaurants/Stores 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/Stores or in respect of the Meals/Groceries by emailing firstname.lastname@example.org.
All Meals/Groceries are subject to availability. Our Partner Restaurants/Stores may use/stock nuts in the preparation of certain Meals. Therefore traces of nuts/dairy/gluten etc can be present in meals. Please mention details of any allergic information while placing order with Partner Restaurant/Store prior to ordering if you have certain dietary requirements. DeliveryExpress cannot guarantee that any of the Meals/Groceries sold by our Partner Restaurants/Stores are free of allergens.
6. SALE OF ALCOHOL
DeliveryExpress 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/Grocery 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.
By completing and paying for your order you are permitting the selected Partner Restaurant/Store to begin preparation of your order. Once you have received confirmation of your order the restaurant/Store has begun their preparation of your Order - from that point we cannot cancel any order. Please check your final order before confirming your purchase. Order once confirmed cannot be cancelled nor refunded under any circumstance.
9. PRICE AND PAYMENT
The price of any Meals/Groceries 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/Groceries listed on our Service may be incorrectly priced. Payment for all Meals can be made by credit or debit card or pay on delivery 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 DeliveryExpress and is then passed on by DeliveryExpress to the Partner Restaurant/Store. We are authorised by our Partner Restaurants to accept payment on their behalf which removes your obligation to directly pay the restaurant/Store for that same order.
In the unlikely event that DeliveryExpress or a Partner Restaurant/Store cannot complete your order due to: your desired Meal/Grocery 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 deliveryexpress.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 refunded the total sum of your order.
10. Delivery Policy
After ordering online, you will receive an order placed notification message and order can be seen in order history of your app/website containing details of your order. You will receive confirmation and receipt of your order once partner Restaurant/Store accepts the order. A Delivery driver will personally deliver your Meal(s)/Groceries 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 email@example.com.
11. Refund Policy
If for any reason you are not completely satisfied with the service you receive from DeliveryExpress please contact us at firstname.lastname@example.org. If you’re not satisfied with the Meals/Groceries you’ve received from one of our Partner Restaurants/Stores, please be in direct contact with the restaurant/Store or you can send feedback to us using app/website or email us at email@example.com.
All refunds are completely at the discretion of Delivery Express Limited.
11. OUR LIABILITY
To the extent permitted by law, DeliveryExpress 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 DeliveryExpress nor any Partner Restaurant/Store 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 DeliveryExpress or the Partner Restaurant is found to be liable to you our total aggregate liability is limited to the final price of the Meals/Groceries you have paid for in your order. This does not include or limit in any way DeliveryExpress’s or any Partner Restaurant's/Store’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.
Neither you, DeliveryExpress nor the Partner Restaurant/Store 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.
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
17. LAW AND JURISDICTION
1. INFORMATION ABOUT US
www.deliveryexpress.co.nz is a website operated by Delivery Express Limited ("we" or "us" or "DeliveryExpress"), incorporated and registered in New Zealand. Our Company registration number is 6301647. DeliveryExpress is a business where the food is prepared by independent restaurants (our "Partner Restaurants") and Groceries are provided by independent Grocery Stores 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 firstname.lastname@example.org 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
• 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
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 license 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
16. YOUR CONCERNS
If you have any concerns about material which appears on our Service, please contact email@example.com