Terms and conditions

GIMME terms of service & use of website

 

Overview

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our websitewww.gimmedelivery.co.nz (our “Website”) or our mobile Application GIMME - Delivering local (our “Mobile Application”), as a registered user. By accessing our Website, Mobile Application or by using our Service, you indicate that you accept these terms of use and that you agree to abide by them. By visiting our site and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

1. INFORMATION ABOUT US

www.gimmedelivery.co.nz and GIMME - Delivering local mobile Application and website is operated by Bread Private Limited (“we”, “us” or “GIMME”), incorporated and registered in New Zealand. GIMME is a business where the food and items are prepared by independent restaurants and stores (our “Partner Stores”) and delivered by us.

2. ACCESSING OUR SERVICE OR OUR SERVICES

Access to our Website, Mobile Application or to our Service is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Website, Mobile Application or our Service without notice. We will not be liable if, for any reason, our website, Mobile Application or our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website, Mobile Application or our Service, or our entire Website, Mobile Application or Service to users who have registered with us. You are responsible for maintaining the confidentiality 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 hello@gimmedelivery.co.nz straight away to let us know.

3. SERVICE

Our Service is to provide an online ordering and delivery service and platform for you, the Customer. To connect you to the Partnered Stores, allowing you to order from them via our platform. GIMME publishes items and menus on behalf of our Partner Stores and processes orders and makes deliveries on behalf of the chosen partnered store.

4. ORDERS, AVAILABILITY & DELIVERY

When you place an order through our Application or website, it needs to be accepted by us or the Partnered Store before it is confirmed. We will send you a notification once your order has been accepted. The contract for the supply of any Item you have ordered through us from the Partnered Store will come into play once you have placed your order, payment has been made successfully and the Partnered Store has accepted your order. All Items are subject to availability. Please make sure that you have given us a correct email address and phone number, in Application notifications, email and phone are the primary ways we will communicate with you in regards to your Order.

Please also ensure that you provide the correct delivery address to ensure a successful delivery, at the point of delivery mobile will be the primary source of communication with you.

If you do not answer the door at the designated delivery address or do not respond to a phone call within 5 minutes of our delivery drivers reaching your address, our Delivery Gophers will leave you order at the designated address and take a picture and mark your order as delivery complete.

Please note, alcohol orders cannot be left unattended as verification of age and intoxication needs to be checked. In this case if an alcohol order cannot be delivered for any reason, your GIMME Gopher will return the alcohol to the partnered store. You will be refunded for the alcohol purchased, the delivery fee charged at the time of purchase will not be refunded and you will be charged a return fee.

Partnered Stores may use nuts or other allergens in the preparation of any menu Items. GIMME cannot guarantee that any of the Items sold by our Partner Restaurants are free of any allergens. Please contact our Partnered Store prior to ordering if you have an allergy.

GIMME aims to provide the best and most efficient delivery service possible. We will do our best to ensure that your order is delivered by the estimated delivery time given to you at the time of ordering. On occasions factors, such as traffic, weather, and incidents out of our control may prevent us from achieving our estimated delivery time. When a delay with delivery occurs we will do our best to make contact with you to communicate the delay. The estimated delivery time of your order is calculated by the Partner Stores preparation time and distance to your delivery address.

5. Refund Policy

All refunds are completely at the discretion of GIMME. If for any reason you are not completely satisfied with the service you receive from GIMME please contact us at support@gimmedelivery.co.nz.

Prior to processing any refunds or account credit, GIMME will take into account relevant factors including the details of the order, your account history, delivery circumstances and information from the Partnered Store.

All refunds will take up to 5-8 business days from the date of refund to show in your account.

6. SALE OF ALCOHOL

GIMME is a trading name for Bread Private Limited and trades under Liquor License number 60/OFF/35/2020 which has an expiry date of 9th April 2023. GIMME accepts alcohol delivery orders between the hours of 11.00am and 10pm and does not deliver alcohol on Good Friday, Easter Sunday, Christmas Day, and Anzac Day before 1pm.

GIMME will not sell alcohol to anyone who is under the age of 18, it is also illegal to buy alcohol if you’re under the age of 18 and under the Sale and Supply of Alcohol Act 2012 is an offence liable on conviction to a fine of up to $2,000.

GIMME takes delivering alcohol seriously and is required to comply with the law. Only persons aged 18 years and older are able to order alcohol from GIMME and we will require age verification upon delivery of your order. Only valid government-issued photo ID only will be accepted: Any current passport, a current New Zealand driver licence, a Hospitality NZ 18+ Card or a Kiwi Access Card.

Alcohol orders must be received by you in person and will not be left unattended for any reason and identification must be verified at the point of delivery.

GIMME reserves the right to refuse delivery for any reason, including, but not limited to, the recipient is not present. if they don't have a valid ID, if they are under 18, if they are believed to be intoxicated (at our discretion), or we believe (at our discretion) the alcohol is intended for a minor.

If the alcohol cannot be delivered for any reason, your GIMME Gopher will return the alcohol to the partnered store. You will be refunded for the alcohol purchased, the delivery fee charged at the time of purchase will not be refunded and you will be charged a return fee.

By placing an alcohol order with GIMME and agreeing to the Terms & Conditions you’re confirming that you (the purchaser) and the receiver are aged 18 years or older and legally allowed to purchase alcohol in New Zealand.

You are responsible for observing local laws around where you can consume or possess alcohol. We encourage the consumption of alcohol to be in moderation and within a safe and responsible environment.

7. CANCELLATION

You may cancel an order without charge at any time before the Partnered Store has accepted your order. If you wish to cancel an order before the Partnered Store accepts your orders please click “CANCEL ORDER” on the orders page in the Application or website. If cancellation is made before the Partnered Store accepts your order, we will refund your payment including delivery charge using the same payment method as you used to originally pay for the order. Please note refunds may take 5 days from the date of refund to show in your account.

You can cancel an order after it has been accepted from the Partnered Store by contacting us directly on 0224767358, however you will be charged the full price for the Items, and you will also be charged for delivery if the driver has been dispatched to the restaurant for collection of this order. GIMME and the Partner Store may notify you that an order has been cancelled at any time. You will not be charged for any orders cancelled by us or the Partner Store, and we will reimburse you for any payment already made using the same method you used to pay for your order.

8. PRICES, PAYMENT

Prices include GST. Prices are subject to change at any time at the discretion of GIMME and the Partner Store. No price changes will affect orders after an order has been confirmed. On occasions some of the items listed on our platform may be incorrectly priced, if there is an obvious pricing mistake we will notify you as soon as we can and you will have the choice of confirming the order at the original price or cancelling the order without charge and with a full refund of any money already paid.

The total price of your order will be set out on the checkout page on our Application and website, including the prices of Items and delivery and applicable service fees and taxes.

Payment for all Items and deliveries can be made on our Application by credit or debit card. Once you confirm your order at checkout your credit or debit card will be authorised and the total amount marked for payment. Payment may also be made by using GIMME vouchers or account credit. Use of these is subject to GIMME Voucher and Account Credit Terms.

Payment is made directly to GIMME and is then passed on to the Partner Store. We are permitted by our Partner Stores to accept payment on their behalf.

In the unlikely event that GIMME or a Partner Restaurant cannot complete your order, we reserve the right to refuse or cancel your order. GIMME and the Partner Store may notify you that an order has been cancelled at any time. You will not be charged for any orders cancelled by us or the Partner Store, and we will promptly reimburse you for any payment already made using the same method you used to pay for your order.

9. OFFERS & PROMOTIONS

Partner Stores sometimes make special offers available through our Application and website. These offers are at the discretion of the Partner Stores. Unless the offer terms state a fixed or minimum period for which an offer will be available, it can be withdrawn at any time, unless you have already placed an order based on the offer and we have confirmed the order.

GIMME sometimes has special offers available through our Application. These promotions are at the discretion of GIMME. Unless the promotion terms state a fixed or minimum period for which an offer will be available, it can be withdrawn at any time, unless you have already placed an order based on the offer and we have confirmed the order.

10. DELIVERY

GIMME aims to provide the most efficient delivery service possible. We will do our best to ensure that your order is delivered by the estimated delivery time given to you at the time of ordering. On occasions factors, such as traffic, weather, and incidents out of our control may prevent us from achieving our estimated delivery time. When a delay with delivery occurs we will do our best to make contact with you to communicate the delay. The estimated delivery time of your order is calculated by the Partner Stores preparation time and distance to your delivery address.

11. OUR LIABILITY

To the extent permitted by law, We are Local 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 We are Local nor any Partner Reseller 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 We are Local or the Partner Reseller is found to be liable to you, our total aggregate liability is limited to the final price of the Product(s) you have paid for in your order. This does not include or limit in any way We are Local’s or any Partner Reseller’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, GIMME, nor the Partner 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.

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

We are Local 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.