Terms of Service

1. Introduction and Acceptance

Welcome to BurgerFuel ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website, mobile application, food delivery services, and related services (collectively, the "Services") operated by BurgerFuel.

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.

1.1 Eligibility Requirements

You must be at least 18 years old and have the legal capacity to enter into contracts under New Zealand law to use our Services. By using our Services, you represent and warrant that you meet these requirements.

1.2 Account Responsibility

If you create an account with us, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

1.3 Updates to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of our Services after such modifications constitutes your acceptance of the updated Terms.

2. Definitions

For the purposes of these Terms, the following definitions apply:

• "Company," "we," "us," or "our" refers to BurgerFuel, a food service business operating in New Zealand.
• "You," "your," or "User" refers to any individual or entity that accesses or uses our Services.
• "Services" refers to our website, mobile application, food delivery services, catering services, and any related services we provide.
• "Content" refers to all text, images, videos, audio, software, and other materials available through our Services.
• "Website" refers to burgerfuell.com and any associated subdomains.
• "Order" refers to any request for food products or services made through our Services.
• "Delivery Zone" refers to the geographical areas where we provide delivery services.

3. Use of Services

3.1 Permitted Use

You may use our Services for the following purposes:

• Browsing our menu and food offerings
• Placing orders for personal consumption
• Accessing nutritional and allergen information
• Contacting our customer service
• Participating in promotions and loyalty programs

All use must be in compliance with applicable laws and regulations, including New Zealand food safety regulations.

3.2 Prohibited Use

You agree not to use our Services for any of the following prohibited purposes:

• Any illegal or unauthorized purpose
• Transmitting harmful code, viruses, or malware
• Attempting to gain unauthorized access to our systems
• Infringing on intellectual property rights
• Sending spam or unsolicited communications
• Providing false or misleading information
• Interfering with the proper functioning of our Services
• Reselling or redistributing our Services without authorization
• Using automated systems to access our Services
• Violating any applicable laws or regulations

4. User Accounts

4.1 Registration Requirements

To place orders and access certain features, you may need to create an account. You agree to provide accurate, complete, and current information during the registration process and to update such information as necessary.

4.2 Account Security

You are responsible for maintaining the security of your account credentials. We recommend using a strong password and not sharing your account information with others. You agree to notify us immediately if you suspect any unauthorized use of your account.

4.3 One Account Per Person

Each person may maintain only one active account. Creating multiple accounts may result in suspension or termination of all accounts.

4.4 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion.

5. Products and Services

5.1 Food Safety and Quality Standards

We are committed to maintaining the highest standards of food safety and hygiene in compliance with New Zealand Food Standards Code. All our food products are prepared in accordance with applicable health and safety regulations.

5.2 Allergen Information

We provide allergen information for our products to the best of our ability. However, we cannot guarantee that our products are free from all allergens due to potential cross-contamination in our kitchens. Customers with food allergies should exercise caution and consult with our staff before ordering.

5.3 Product Descriptions and Pricing

We strive to provide accurate descriptions and pricing for all products. However, we reserve the right to correct any errors in product information or pricing. In the event of a pricing error, we will contact you before processing your order.

5.4 Order Acceptance and Modification

All orders are subject to acceptance by us. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraud. Orders may be modified or cancelled within a limited time after placement, subject to our order modification policy.

5.5 Delivery Terms

Delivery services are available within our designated delivery zones. Delivery times are estimates and may vary due to weather conditions, traffic, or high demand periods. We are not responsible for delays caused by circumstances beyond our control.

5.5.1 Minimum Order Requirements

Minimum order values may apply for delivery orders. These requirements may vary by location and are clearly displayed during the ordering process.

5.5.2 Delivery Zone Restrictions

Delivery is only available to addresses within our designated delivery zones. We reserve the right to modify delivery zones at any time without prior notice.

5.5.3 Temperature-Sensitive Items

Hot food items are delivered in insulated packaging to maintain temperature. However, we cannot guarantee specific temperatures upon delivery due to factors beyond our control. Cold items such as beverages and desserts are kept chilled during transport.

5.6 Payment Terms

Payment is required at the time of order placement unless otherwise specified. We accept various payment methods as displayed on our website. All prices are in New Zealand Dollars and include applicable taxes.

5.7 Returns and Refunds

Our refund policy is detailed in our separate Refund Policy document, which is incorporated by reference into these Terms. Generally, we do not accept returns of food products due to food safety considerations, but we will address quality concerns and provide appropriate remedies.

6. Intellectual Property

6.1 Our Intellectual Property

All content on our Services, including text, images, logos, trademarks, software, and other materials, is owned by or licensed to BurgerFuel and is protected by copyright, trademark, and other intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for personal, non-commercial purposes in accordance with these Terms.

6.3 User Content License

By submitting content to our Services (such as reviews, photos, or comments), you grant us a worldwide, royalty-free license to use, reproduce, modify, and display such content in connection with our Services.

6.4 Copyright Infringement

We respect intellectual property rights and expect our users to do the same. If you believe your copyrighted work has been infringed, please contact us at [email protected] with details of the alleged infringement.

7. User Content

7.1 Responsibility for Content

You are solely responsible for any content you submit, post, or transmit through our Services. This includes reviews, comments, photos, and any other user-generated content.

7.2 Prohibited Content

You agree not to submit content that:

• Is illegal, harmful, or offensive
• Violates intellectual property rights
• Contains false or misleading information
• Is spam or promotional in nature
• Violates privacy rights of others
• Contains personal information of third parties

7.3 Content Removal

We reserve the right to remove, edit, or refuse to post any user content at our sole discretion without notice.

8. Disclaimers

8.1 Service Availability

Our Services are provided on an "as is" and "as available" basis. We do not warrant that our Services will be uninterrupted, error-free, or completely secure.

8.2 Third-Party Content

Our Services may contain links to third-party websites or content. We are not responsible for the accuracy, completeness, or reliability of any third-party content.

8.3 No Professional Advice

Any nutritional or dietary information provided is for general informational purposes only and should not be considered professional medical or dietary advice. Consult with healthcare professionals for specific dietary needs or concerns.

9. Limitation of Liability

9.1 Maximum Liability

To the fullest extent permitted by law, our total liability to you for any claims arising from or related to these Terms or our Services shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

9.2 Excluded Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

9.3 New Zealand Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer rights or remedies that cannot be excluded under the Consumer Guarantees Act 1993 or other applicable New Zealand consumer protection laws.

10. Indemnification

You agree to indemnify, defend, and hold harmless BurgerFuel, its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of our Services
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Content you submit to our Services
• Any third-party claims arising from your actions

11. Third-Party Links and Services

Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by us. We are not responsible for the privacy practices, content, or terms of service of any third parties. We encourage you to review the terms and policies of any third-party services you access.

12. Termination

12.1 Termination by Us

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including violation of these Terms.

12.2 Termination by You

You may terminate your account at any time by contacting us or using the account deletion features in our Services.

12.3 Effect of Termination

Upon termination, your right to access and use our Services will cease immediately. Provisions that should survive termination will remain in effect, including intellectual property rights, liability limitations, and dispute resolution clauses.

13. Governing Law and Disputes

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of New Zealand, without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes arising from these Terms or our Services shall be resolved through good faith negotiations. If negotiations fail, disputes shall be submitted to the jurisdiction of the New Zealand courts.

13.3 Jurisdiction and Venue

You agree to submit to the personal jurisdiction of the courts located in Auckland, New Zealand, for the purpose of litigating all disputes.

14. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated through our website, email, or other reasonable means. Your continued use of our Services after changes become effective constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us regarding the use of our Services.

15.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect.

15.3 Waiver

No waiver of any term or condition shall be effective unless in writing and signed by us. No failure to exercise any right shall constitute a waiver of that right.

15.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign these Terms without restriction.

15.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, or other force majeure events.

16. Contact Information

If you have any questions about these Terms, please contact us:

• Email: [email protected]
• Phone: +64 9 930 9123
• Address: 9 Princes Street, Auckland Central, Auckland 1010, New Zealand
• Website: burgerfuell.com

We strive to respond to all inquiries within 48 hours during business days. For urgent matters related to food safety or quality concerns, please contact us immediately by phone.