Terms & Conditions
Welcome to the Takey website together with any materials and services available therein, and successor site(s) thereto (referred to as the “Website”), which are operated by DDinfoways limited t/a Takey and its subsidiaries (“Takey” or “we” or “us” or “our”).
Please read the Terms and Conditions set out below carefully before ordering any Food Products from our Website. We reserve the right to unilaterally amend these Terms and Conditions at any time by posting the amended terms on this Website, without notice to you. Please check back periodically for updates and additions. By ordering any Food Products through phone, our mobile application or website, you agree to be bound by these Terms and Conditions, as amended from time to time. Where applicable, these Terms and Conditions form part of the contract with a Participating Restaurant for the supply of Food Products.
“Event of Force Majeure” means any war, civil disorder, act of government, fire, earthquake, act of God or other factor beyond the reasonable control of either party.
“Food Products” is a reference to any food products which we may offer for sale through our Website from time to time;
“Participating Restaurant” means any restaurant who lists Food Products on the Website.
“User” means a person who registers with the Website, who is bound by these Terms and Conditions.
“You“, “your” and “yours” are references to you the person accessing this Website and ordering any Food Products from the Website or from any other channel provided by Takey;
“Website” is a reference to our website http://takey.co.nz or our mobile applications on which we offer our Goods or Services.
- The Services
Takey provides, as an intermediary service, an online platform for (i) Participating Restaurants to advertise and market Food products; and (ii) Customers to place orders for the Food Products for the price listed on the Website, which Takey communicates to the Participating Restaurants for preparation.
Takey is appointed by each Participating Restaurant to act as agent in order to arrange the delivery of Food Products to the address provided by you. Takey engages subcontractors or employees to deliver the Food Products to you.
Takey is not the retailer of any products offered by Restaurants.
Subject to and conditioned on your compliance with these Terms and Conditions, Takey grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to access and use the Website, and to download copies of the materials that we make available for download on the Website, in each case solely for your personal and non-commercial use.
The Website, including all content, information, and materials incorporated into or made available through the Website, are the exclusive property of Takey or its suppliers, partners and affiliates, and is protected by New Zealand and international law. You agree not to access or use the Website, or any content, information, or materials incorporated into or made available through the Website, except as expressly permitted under these Terms.
All trademarks, service marks, and logos displayed on the Website (the “Marks”) are the exclusive property of Takey or their respective third-party owners. Except for your right to view Marks on our Website, you are not granted any rights to the Marks. Nothing in the Website grant, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Website.
To use and enjoy the services we provide, we require you to register an account with us at no cost. Your Account is for your individual personal use only, and you may not authorize others to use your Account for any purpose. In creating your Account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of, and restricting access to your Account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to contact our customer service department immediately of any breach of security or unauthorized use of your Account or any violation of these Terms by others of which you are aware. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to any unauthorized use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorized use. We reserve the right to create accounts for quality control and administrative purposes. You must notify us of any change to your registration details.
You agree that you are above the age of 13 and, if you are under the age of 18, have received the permission of your parents or legal guardian to use the Website and the Services.
You agree to use the Website and Services in a manner that does not violate any applicable law.
Takey resolves the right to cancel the User registration of and/or refuse orders of Food Products to anyone who does not comply with the above confirmations, or who otherwise breaches these Terms and Conditions.
Should you wish to close your account, you may do so by contacting us at info@Takey.co.nz
- Third Party Materials
The Website may make available or provide links to third party website, content, services, or information (“Third Party Materials”). Takey does not control, and is not responsible for, any Third-Party Materials and the availability of any Third-Party Materials on the Website does not imply endorsement of, or affiliation with the provider of Third-Party Materials. Your use of Third-Party Materials is at your own risk.
To make an order through the Website you must either register as a User or enter your contact details in the form fields provided when you place an order. To register as a User, you must complete the registration form on the Website. Any order that you place with us is subject to product availability, delivery capacity and acceptance by us and the Participating Restaurant. When you place your order online, we will send you an email to confirm receipt of your order. This email confirmation will be produced automatically to provide confirmation of your order details. In the event the confirmation is not correct, you must notify us immediately for swift action by us. Receipt of an automatic confirmation does not necessarily mean that either we or the Participating Restaurant will be able to fill your order. Once we have sent the confirmation email, we will check availability and delivery capacity. You will receive an email confirming if the ordered Food Products and delivery capacity is available.
You warrant and agree to provide us with clear, concise and accurate information at the time of submitting an order using our Website. You also warrant and agree that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
The agreement for the supply of any Food Products you ordered through the Website will be between you and the partner restaurants. You warrant and agree that any Food Products ordered by you shall be for your sole consumption and not for any resale
- Prices and Payment
The price for each Food Product on the Website is located next to the item. You acknowledge that the price may change at any time. All prices on our Website online food ordering form are in New Zealand dollars and inclusive of GST.
A delivery charge will be added to each order in addition to the price of the Food Products (“Delivery Charge”), which is calculated via the Website based on your location. You are responsible for ensuring that your location is recorded accurately by the Website, and we do not accept responsibility for any such erroneous information.
The total price for the Food Products ordered and Delivery Charge(s) (“Total Price”), will be displayed on the Website when you place your order. You must pay the Total Price before your order is delivered. Failure to pay will result in the cancellation of your order.
When you place an order through the Website, you will be given a choice of payment via Stripe. “Takey” will be the name that appears on the stripe. As set out above, however, Takey is not the seller of any of the Food Products, and these gateway are not operated by Takey. Processing of payments is subject to the additional terms of Stripe as the case may be.
By making a purchase through Stripe payment gateway, clients authorise Stripe to charge the account specified for the Total Price. Stripe may contact clients in respect of payments made or attempted to be made via their gateway.
In some circumstances, such as where the Website is unable to process payments, Takey may allow payment by other means such as cash or credit card payment over the phone, at its discretion. If you are unable to pay for your order via the Website, please contact us to discuss your options.
All sums paid by you under these Terms and Conditions shall be made in full without deduction or setoff.
You acknowledge that the prices of Food Products, Delivery Charges and any other charges set out on our Website may change at any time.
Delivery periods provided at the time of ordering are estimated and may vary. Any order tracking information provided to Users through the Website is equally estimated. Food will be delivered to the address designated by you at the time of ordering.
Takey engages subcontractors or employees to deliver Food Products.
If your order is not delivered within the estimated delivery time provided by us, please contact Takey first. You may contact us by email via email@example.com for our further action.
We and the Participating Restaurants, who will prepare your order, aim to (a) deliver the product to you at the place of delivery specified by you in your order; (b) deliver within the estimated delivery time; and (c) inform you if we expect that we will be unable to meet the estimated delivery time.
In case of a late or mis-delivery, the Delivery Charge will only be refunded by Takey in accordance with the “Refunds and Cancellations” section below. Takey shall not be otherwise liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or mis-delivery or for any inaccurate order tracking information provided through the Website.
Title and risk of the Food Products shall pass to you upon delivery.
Subject to the “Refunds and Cancellations” section below, if you fail to accept delivery of Food Products at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate instructions, or authorisations, then such Food Products shall be deemed to have been delivered to you and all risk and responsibility in relation to such Food Products shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver shall be your responsibility and you shall indemnify us in full for such cost.
You must ensure that, at the time of delivery of Food Products, adequate arrangements, including access where necessary, are in place for the safe delivery of such Food Products. We cannot be held liable for any damage, cost or expense incurred to such Food Products or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.
Please note that it might not be possible for us to deliver to some locations. If this is the case, we or the Participating Restaurant will endeavour to inform you using the contact details that you provide to us when you make your order, and arrange for cancellation of the order or delivery to an alternative delivery address.
- Refunds and Cancellations
Cancellation policy: By completing and paying for your order you’re permitting the selected Partner Restaurant to begin preparation of your order. You will receive an email notifying you the Partner Restaurant has commenced preparation of your order. Once preparation has commenced, you will not be able to cancel your order and any refusal to accept the delivered order will not entitle you to a refund.
Refund policy: If for any reason you are not completely satisfied with the service you receive from Takey please contact us at firstname.lastname@example.org. 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 email@example.com.
All refunds are completely at the discretion of takey.
- User Submitted Information
We may request you to provide us with feedback related to the Food Product, our Website or otherwise. Such Feedback will be deemed User Submitted Information, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Takey under any fiduciary or other obligation.
- User Obligations
Users are fully responsible for the proper use of, and access to, their accounts in accordance with the current legislation, as well as with the principles of good faith, morals, generally accepted customs and public order.
Users shall refrain from using their account for illegal purposes or with illegal results that harm third-party rights and interests or that may in any way damage, disable, affect or impair the Website and its contents and services.
Any persons who breach the above obligations shall be liable for any loss or damage caused by them. Takey will accept no liability for any consequences, loss or damage that may arise from such illegal use or access by third parties.
In general, Users undertake, by way of example without limitation:
- To refrain from altering or modifying the Website, in full or in part, by bypassing, disabling or in any other way tampering with, its functions or services;
- To refrain from infringing industrial and intellectual property rights or the personal data protection legislation;
- To refrain from using the Website to insult, defame, intimidate or harass other Users or Partner Restaurants, or attack their image;
- To refrain from introducing computer viruses, corrupted files or any other software that may cause damage or alterations to Takey’s or third parties’ contents or systems;
- Linked Sites
There may be a number of links on our Website to third party websites which we believe may be of interest to you. We do not represent the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third-party websites or the Services or goods that they may provide to you.
- Limitation of Liability
The Participating Restaurants are solely responsible for preparing and packaging all Food Products ordered through the Website, and updating their menu and menu prices. Each Participating Restaurant is solely liable for the quality and freshness of its products, and Takey does not verify the credentials, representations, products or prices offered by the Participating Restaurants, and does not guarantee the quality of the product, or that any Participating Restaurant or Food Product complies with applicable laws. Takey is unable to check orders of Food Products produced by Participating Restaurants for food safety reasons.
Takey shall not be liable or responsible for any Food Product or service provided by Participating Restaurants, or any information provided through the Website, that is a cause of injury or that is unacceptable to or does not meet your expectations in any manner.
We reserve the right to alter the Food Products available for sale on the Website and to stop listing Participating Restaurants and/or Food Products.
The Website is owned and operated by Takey, and is completely owned and operated in New Zealand. Takey reserves the right to modify or discontinue, temporarily or permanently, and at any time, the Website and/or the Services (or any part thereof) with or without notice. We accept no responsibility for any loss arising due to unavailability of the Website or the Services for any reason.
Great care has been taken to ensure that the information available on this Website is correct and error free. We apologise for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
The Food Products sold through the Website are provided for private domestic and consumer use only. The Services are provided ‘as is’ and Takey, together with its directors, officers, employees, agents, and subcontractors disclaim any and all warranties and any liability to you for the supply of the Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Food Products and the Delivery Charges. We cannot accept any liability for any other loss, damage or expense, including any direct, indirect or consequential loss such as loss of income or profits to you, loss of damage to property and/or loss from claims of third parties, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
You agree to release and indemnify and hold Takey and its officers, directors, agents, employees, and subcontractors 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, arising from or in relation to the Services, including those made by any third party arising out of your breach of these Terms and Conditions, or your violation of any law or the rights of a third party.
We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
We shall not be held liable for any failure or delay in performing Services or delivering Food Products where such failure arises as a result of any act or omission, which is outside our reasonable control such as an Event of Force Majeure or third party act.
If we have contracted to provide an identical or similar order to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which orders we will fill and to what extent.
We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
- Intellectual Property
You may use information on the Takey website only for your personal, non-commercial informational purpose. No content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium (including hard copy) for publication or distribution or for any commercial enterprise, without Takey’s prior written consent.
You agree that if you submit ratings, suggestions, comments or questions or post any other information on this site, you grant Takey the non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. Takey takes no responsibility and assumes no liability for any content posted or submitted by you or by other Users.
You promise to Takey that any such material provided by you does not breach the intellectual property rights of any person and agree to indemnify Takey against claims of any kind arising from a breach by you of that promise, including legal fees on the indemnity basis.
- Data Text Messages and email
You may be able to access the Website through your mobile device, and we or a Participating Restaurant may communicate with you via phone call and email as set out in these Terms and Conditions. Please be sure to check your data and messaging plans to understand any relevant costs incurred by your use of Takey’s services. We are not responsible for any fees charged by your data or cellphone carrier.
You consent to receive text messages from or on behalf of Takey as a part of the Services at the cell phone number(s) provided by you to Takey. You also agree that such text messages may be generated using an automatic telephone dialing system. You must inform us immediately if the cell phone number(s) you have provided to Takey are changed or disconnected.
Website information: We may make changes to the material on the Website, or to the Service, Products and prices described on it, at any time without notice.
Specials listed on the Website are subject to change. Partner Restaurants may alter their specials at any time, including removing or changing the terms of any loyalty discount program. Loyalty credits earned through a loyalty discount program from a Restaurant are non-transferrable and are not redeemable for cash.
Allergy, dietary and other menu information: We try to accurately copy the item names, descriptions, prices, special offer information, heat and allergenic warnings and other information from the menus that are provided to us by Partner Restaurants. However, it is the Partner Restaurants that are responsible for providing this Menu Information and ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility. If you are in doubt about allergy warnings, contents of a dish or any other Menu Information, you should confirm with the Partner Restaurant directly before ordering. Some of the pictures shown are indicative of the style of cuisine only and may not be an actual photo of the dish from the Partner Restaurant.
Partner Restaurant actions and omissions: The legal contract for the supply and purchase of Products is between you and the Partner Restaurant that you place your Order with. We have no control over the actions or omissions of any Partner Restaurants. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:
- We do not give any undertaking that the Food Products ordered from any Partner Restaurant through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
- Estimated times for deliveries and collections are provided by the Partner Restaurants and are only estimates. Neither we nor the Partner Restaurants guarantee that Orders will be delivered or will be available for collection within the estimated times.
- Restaurants have the discretion to reject Orders at any time because they are too busy, or due to weather conditions or for any other reason. We encourage all our Partner Restaurants to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Partner Restaurant rejects your Order.
- The foregoing disclaimers do not affect your statutory rights against any Partner Restaurant.
Exclusion of terms: We provide you with access to the Website and Service on the basis that, to the maximum extent permitted by law, including the New Zealand Consumer Law, 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 Website or Service, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise).
We may subcontract any part or parts of the Services that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
The Terms and Conditions, any order form and payment instructions constitute the entire agreement between you and us (“Agreement”). No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.
If any Term or Condition shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such Term or Condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such Term or Condition.
No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
These Terms and Conditions (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with New Zealand laws. Both we and you hereby submit to the non-exclusive jurisdiction of the New Zealand courts. All dealings, correspondence and contracts between us shall be made or conducted in the English language.
- Security and Data Retention
We take steps to protect your information from unauthorised access, modification or disclosure and against misuse, interference, loss, destruction and damage. Once your information is no longer required for any purpose for which it may be used or disclosed by us, and we are not required by law to retain the information, we will destroy the information or ensure that it is de-identified.
All user details captured by Takey are stored securely at all times and will never be provided to any unauthorised third parties. Takey will never save your actual credit card details. We will simply save a reference to your card, which is called a token. This token is provided to us by the payment provider. Saving the token means that for future credit card transactions we can give you the option to charge the same card you used previously without having to re-enter the card details. If, at any time, you wish the token to be removed please email us at firstname.lastname@example.org and we will have these removed. In that case you would need to re-enter your card details on the next order.
However, the transmission of information via the internet is not completely secure. Although we will take reasonable steps to protect your information and make sure it is safe and secure and we use a number of physical, administrative, personnel and technical measures to protect your personal information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. For the avoidance of doubt, Takey will not in any circumstances be liable to you, or third parties, for loss or damage arising from credit card fraud or identity theft.
- Contact Us
If you have any questions or complaints about the Terms or the Policy, or if you would like to update any personal information you have provided to us, please contact the us at the email address below.
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