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AI365LITE SOFTWARE ONLINE PAYMENT TERMS AND CONDITIONS (NZ)

User Terms and Conditions

This page with all the relevant documents attached indicates the terms and condition regarding the use of AI365LITE App.

AI365LITE is the owner and operator the website and app hosted for the merchant.

Proceeding with using our services or downloading the App means you agree to be fully bound by the terms and condition. You warrant and expressly agree to all of the terms and understand that they may change in time and by continuing the use of the App or any of its services you agree to be bound by it.

1. Acceptance of the Terms

You accept the terms by registering for the services and/or making any payment as required under the terms for use of the services. You may also accept the terms by clicking to accept or agree to the terms where and if this option is made available to you by us in the user interface.

2. About Us

We power online order services such as: facilitating the purchase of food, drinks, grocery and other products with our suppliers; Customers may browse products and place orders with suppliers.

3. Usage of the app – placing an order

The App is a platform that consist of our suppliers whom have provided us with their list of products that they intend to sell. We publish them as provided by the suppliers and make no representation as to their accuracy to the extend provide by the suppliers to us. When you place an order through our service you are placing an order directly with the said suppliers of your choosing.

4. Orders

Please ensure that you are at the specified location, our drivers are only able to deliver the purchase/Order(s) to the person placing the order. If you are not at the location and do not respond to our calls, email or messages within 10 minutes of your drivers being at the location, we reserve the right to either leave the order at the specified address or leave the premises. In such events you will be charged for the full order including the charges.

In the event you requested a re-we reserve the right to charge you any extra cost as agreed.

5. Payment

The App provides a service for payment for the facilitating of the purchases/orders. The merchant collects the payment as per agreed on the App when placing the orders. For all payment method other than cash, we use a third party merchant. You acknowledge and warrant that you have read, understood and agree to be bound by their terms and conditions. We are not liable should any issue, error or liability arise from the use of the said third party payment gateway.

All prices listed on the App are subject to change without further notice, all prices will be locked into when your order is placed and the payment is processed.

We use third party merchant facilities to process payments. Accordingly, we are not responsible or has any control over any third party merchant facilities. Customers acknowledge and agree that we will not be liable for any loss or damage arising out of their use of a third party payment gateway. We advise that customers should read and understand the terms of the third party merchant facilities before using them.

6. Promotions, discount code and vouchers

We may at time to time run event where we have promotions in conjunctions with our suppliers for your benefit. They may be in the form of discount codes, vouchers, gifts or free to you. All such promotion, discount, vouchers cannot at any time be exchanged for cash. It is your duty to ensure that you provide us with the vouchers, discount codes or promotion before the payment of the order. They cannot be resold, gifted, exchange to anybody else.

Redemption of any of the above are at the sole discretion of the App and is subject to change at any time. Any modifications, forgery, tampering, changing or manipulation of it may results in legal actions and reporting to the relevant law enforcement authority.

We will not replace, exchange or reproduce any voucher or discount code in the event you lose it, or they have expired.

7. Sale of alcohol

By placing an order which contains alcohol, you expressly acknowledge and agree that you are at least 18 years old or above and will provide proof of age or any government-issued identification card at the time of delivery.

8. Cancellation

Once an order is placed, there are limited circumstances where you are able to cancel the order, we encourage you to check your orders carefully before placing them.

Customers can only cancel an order more than 8 hours before the scheduled time.

We will not be liable to you or any third party by reason of a refusal, suspension or cancellation or by reason of the unwinding of any order permitted under these terms, after processing your payment option has commenced.

9. Refund

You acknowledge that the supplier is solely responsible for, and AI365LITE will have no responsibility whatsoever to you or any other person for, the quality and standard of restaurant products, including for ensuring the restaurant products are fit for human consumption and that all health and safety obligations of the suppliers/participating restaurants are met, or for the quality and standard of the dining experience provided by any participant restaurant/supplier, or for ensuring that any special order requests have been fully met by the participant restaurant/supplier.

AI365LITE will use reasonable endeavours to assist with any complaints regarding the services notified to us in writing at sales@artofit.co.nz

Other than refund disputes described in the above paragraph, if you are not satisfied with any of the restaurant products in your order or wish to return, replace or refund restaurant products, this should be raised with the relevant participant restaurant/supplier. You agree that you must pursue any complaint or dispute about restaurant products with the participant restaurant/supplier, and AI365LITE has no obligation to become involved in the resolution of any such disputes.

10. Liability

Under no circumstances will AI365LITE be liable for any losses or damages whatsoever (including death, injury or illness), whether in contract, tort or otherwise, arising from the use of, or reliance on, information or opinions contained in this App/Website. To the extent permitted under New Zealand Consumer Guarantees Act, AI365LITE excludes all liability (negligent or otherwise) to uses of this App/Website or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of system or process of data) arising from or in connection with any use of the information in this App or on this Website.

 

 

 

WEBSITE TERMS AND CONDITIONS

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

License to use website

Unless otherwise stated, Art of Information Technology Limited and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Art of Information Technology Limited’s express written consent.

[You must not use this website to transmit or send unsolicited commercial communications.]

[You must not use this website for any purposes related to marketing without Art of Information Technology Limited’s express written consent.]

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Art of Information Technology Limited a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Art of Information Technology Limited the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Art of Information Technology Limited or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Art of Information Technology Limited reserves the right to edit or remove any material submitted to this website, or stored on Art of Information Technology Limited’s servers, or hosted or published upon this website.

[Notwithstanding Art of Information Technology Limited’s rights under these terms and conditions in relation to user content, Art of Information Technology Limited does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Art of Information Technology Limited makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Art of Information Technology Limited does not warrant that:

Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Limitations of liability

Art of Information Technology Limited will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

These limitations of liability apply even if Art of Information Technology Limited has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Art of Information Technology Limited’s liability in respect of any:

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

[You accept that, as a limited liability entity, Art of Information Technology Limited has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Art of Information Technology Limited’s officers or employees in respect of any losses you suffer in connection with the website.]

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect Art of Information Technology Limited’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Art of Information Technology Limited.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Art of Information Technology Limited and undertake to keep Art of Information Technology Limited indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Art of Information Technology Limited to a third party in settlement of a claim or dispute on the advice of Art of Information Technology Limited’s legal advisers) incurred or suffered by Art of Information Technology Limited arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to Art of Information Technology Limited’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Art of Information Technology Limited may take such action as Art of Information Technology Limited deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Art of Information Technology Limited may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Art of Information Technology Limited may transfer, sub-contract or otherwise deal with Art of Information Technology Limited’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Art of Information Technology Limited in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

These website terms and conditions

We created these website terms and conditions with the help of a free website terms and conditions form developed by Contractology and available at www.freenetlaw.com. Premium precedents available on the Contractology website include referral contracts.