Portal Terms and Conditions – Eat Choice
Last updated: 22 October 2024
1 Introduction
1.1 Eat Choice provides a platform for users to discover cafes and restaurants that cater to their specific dietary requirements.
1.2 These Portal Terms and Conditions (“Portal Terms”) apply to your use of the Eat Choice Portal (“Portal”), which is made available to registered users of the Eat Choice App (“App”), including restaurants and cafes (“Restaurant Users”). In these Portal Terms, the words “Eat Choice”, “we”, “us” and “our” means Eat Choice Limited, and the words “you” and “your” means the person using the Portal.
1.3 Further capitalised terms used in these Portal Terms are defined at clause 15.1 of these Portal Terms.
1.4 By registering to use, accessing and using the Portal, you agree to be bound by these Portal Terms. These Portal Terms take effect from the date on which you first access the Portal. If you do not accept these Portal Terms, then you must not access or use the Portal.
1.5 These Portal Terms should be read in conjunction with our App Terms, above.
1.6 If you have any question relating to these Portal Terms, you can contact us at choice@eatchoice.nz.
2 Use of the Portal
2.1 When accessing and using the Portal, you must:
2.1.1 Comply with these Portal Terms, and not violate any terms;
2.1.2 Do so for a lawful purpose only;
2.1.3 Not use the Portal or any content featured in the Portal for any unlawful purpose;
2.1.4 Not make available any public viewing of the Portal, or any content featured in the Portal;
2.1.5 Follow any reasonable directions given by us;
2.1.6 Not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any aspect of the Portal, or any content featured in the Portal;
2.1.7 Not disable, avoid, or circumvent any security or access restrictions of the Portal;
2.1.8 Do so in accordance with any applicable third-party terms of agreement; and
2.1.9 Not use the Portal in a way that violates the law, infringes any intellectual property rights, violates anyone’s privacy, or breaches any agreements you have with others.
3 Registration and access
3.1 To access and use the Portal, you must create an account and provide certain information about yourself, and details about your business (if you are a Restaurant User).
3.2 By providing your personal information to use, you acknowledge the collection and use of this information by us, in accordance with our Privacy Policy and the Privacy Act 2020.
3.3 You must ensure that all usernames and passwords associated with your account that are required to access the Portal are kept secure and confidential. You must immediately notify us of any unauthorised use of the Portal, your account, password or any other breach of security. You are responsible for all activity using your account.
3.4 If you have an account that allows you access to the Portal, you agree to provide accurate, complete, up-to-date and current information, and maintain and promptly update this information as required so that it is accurate, complete, up-to-date and current.
3.5 Any issues or problems that occur while accessing or using the Portal should be notified in writing (including by email) to choice@eatchoice.nz at the earliest opportunity.
4 Restaurant Users’ obligations
4.1 If you are a Restaurant User, you must:
4.1.1 Licenses, registrations or permits: Ensure that you have a valid and up-to-date license, registration or permit (as required by law) to operate a food business. If requested, you agree to provide us with a copy of any license, registration or permit for verification purposes. You agree to immediately notify us of any change or modification (including expiration, revocation, termination or renewal) to any license, registration or permit relevant to operating the Restaurant User business;
4.1.2 Personnel training: Ensure that any personnel that have access to, or operate, your account and the food listings associated with your account are appropriately trained to do so;
4.1.3 Profile information: Provide accurate, complete, up-to-date and current information in your profile, including your business name, address, opening hours, contact details, website, menu, pricing, the nature of your food business (including what cuisine you offer and dining options) and link to you chosen booking and delivery providers;
4.1.4 Food listing information: Provide accurate, complete, up-to-date and current information in your food listings, including the correct information relating to allergens and other dietary requirements;
4.1.5 Menu changes: Promptly update your food listings following any menu changes to ensure that these food listings accurately reflect your menu as updated, and ensure that your menu and food listings are reviewed and updated for accuracy no less frequently than every three months;
4.1.6 Food changes: Promptly update your food listings if any dish or food product is unavailable, if any ingredients are changed, and/or if any relevant processes or procedures for preparing a dish are changed;
4.1.7 Changes to procedures and operations: Promptly notify us if there are any material changes to your procedures or operations that will substantially impact your ability to carry out operations or supply any products; and
4.1.8 Quality control procedures: Carry out quality control procedures to ensure that any information and content associated with your profile and food listings is accurate, complete, up-to-date and current.
4.2 As a Restaurant User, you are responsible for all information and content that you upload or submit to the Portal, including your food listings. We are not responsible for and make no representations or warranties in relation to Restaurant Users’ information and content.
4.3 When uploading or submitting information and content, you agree to provide accurate, complete, up-to-date and current information, and maintain and promptly update this information as required so that it is accurate, complete, up-to-date and current.
4.4 We may at any time, and at our sole discretion, request that you provide supporting documentation and other information to verify that your information, content and food listings are accurate, complete, up-to-date and current.
4.5 If you are a Restaurant User that has specified that you have completed any food safety certification or auditing, we may at any time, and at our sole discretion, request that you provide supporting documentation and other information to verify that you have completed this food safety certification or auditing.
4.6 You agree to promptly provide us with any documentation and/or any other information relevant to your business, content, information, food listings, food certification, or auditing, if requested by us.
5 Suspension and termination
5.1 These Portal Terms are effective until terminated by us or you. At any time, you may terminate your account that you use to access the Portal, by using the ‘delete account’ function. If you do so, you will cease to have access to the App and the Portal, and your account will be deactivated.
5.2 Your rights under these Portal Terms will terminate automatically if you fail to comply with or breach any of these terms.
5.3 If we reasonably consider in our sole discretion that you have breached any of these terms, we may immediately and without notice take all or any of the following actions:
5.3.1 Issue a warning to you;
5.3.2 Immediate, temporary, or permanent suspension or deactivation of your account or your ability to use the Portal;
5.3.3 If you are a Restaurant User, suspend or permanently remove any food listing, information or content;
5.3.4 Place any restriction on your access to the Portal (or part of it); and/or
5.3.5 Disclose such information to law enforcement authorities as we reasonably feel is necessary.
5.4 If your account is deactivated or terminated, then your account can no longer be accessed by you. On termination of your account, any provisions of these Portal Terms intended to survive termination shall survive termination.
6 Disclaimers
6.1 While we make reasonable efforts to ensure that the Portal is always generally available for use, we do not accept responsibility if the Portal does not work at any time. We do not guarantee continuous operation of the Portal, the integrity of the content featured on the Portal, or any other data stored or transmitted via the Portal.
6.2 To the maximum extent permitted by law, the Portal is provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
6.3 We take no responsibility for:
6.3.1 Any errors, mistakes or inaccuracies of information or content featured in the Portal;
6.3.2 Any action you take, fail to take, due to, or in reliance on, any information contained in the Portal, or referred to by us;
6.3.3 Personal injury of any kind resulting from your access to and use of the Portal; and
6.3.4 Any interruption to your use of the Portal.
6.4 You agree that you must evaluate and bear all risks associated with the use of the Portal, including those risks associated with reliance on the accuracy and completeness of any information or content featured in the Portal.
6.5 The Portal may contain links to other websites or services that are not owned or controlled by us. We are not responsible for, make no representations or warranties in relation to, and do not endorse the content of those linked websites and services and provide them solely for your information and convenience.
7 Liability
7.1 To the maximum extent permitted by law, your sole remedy for any loss or damage arising in connection with your access to, or use of, the Portal, or a breach by us of these Portal Terms, is as expressly set out in these Terms
7.2 To the maximum extent permitted by law:
7.2.1 Eat Choice Limited, and its directors, officers employees, affiliates, agents, contractors, suppliers, service providers or licensors will not be liable to you for any injury, loss, claim, or any indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from or relating to these Portal Terms or your use of the Portal, including, but not limited to, any errors or omissions in any content or information featured in the Portal, even if we have been advised of the possibility of such damages; and
7.2.2 Our total liability to you for all damages will not exceed the amount paid by you to use the App (if any) in the three months immediately preceding your claim.
8 Indemnity
8.1 If you are a Restaurant User, you shall indemnify and hold harmless, us, our agents, affiliates, directors, officers and employees from and against any and all third party claims, liabilities, losses and expenses (including all associated actual legal costs), due to, arising out of or in connection with:
8.1.1 Your use of the Portal and/or the App;
8.1.2 Any claims that you have breached any representations or warranties you have made that relate to the Portal and/or App;
8.1.3 Your violation of these Portal Terms, and any other terms and conditions notified by us to you;
8.1.4 Your negligence or wilful misconduct, including negligence or wilful misconduct by your agents, affiliates, directors, officers and employees; and
8.1.5 Your violation or alleged violation of any law or code (including those that relate to food or health and safety) or the rights (including the intellectual property rights) of a third party.
9 Intellectual property
9.1 If you are a Restaurant User, you grant us a non-exclusive, non-transferable license to use your Intellectual Property for the purpose of featuring this in the App and for undertaking marketing and advertising activities connected to the App.
9.2 You represent and warrant that:
9.2.1 Your Intellectual Property is valid and enforceable, and that you own this Intellectual Property (either by ownership or license) and have the right to grant a license or sub-license for the purposes of these Portal Terms;
9.2.2 You are not aware of any third party claims or disputes connected with your Intellectual Property;
9.2.3 You will not enter into any agreement that could restrict any rights we have under these Portal Terms to use your Intellectual Property; and
9.2.4 You are responsible (at your own cost) for the protection, filing, enforcement and maintenance of your Intellectual Property.
9.3 Nothing in these Portal Terms transfers any rights that we have in our own Intellectual Property.
9.4 Where you provide any suggestions or feedback to us about the Portal, you acknowledge and agree that we may freely use and disclose all such suggestions and feedback as we see fit for any purpose.
9.5 In these Portal Terms, Intellectual Property means all trade marks, domain names, copyright, patents, registered designs, circuit layouts, rights in computer software, databases, content and lists, rights in inventions, know-how, and trade secrets and all other intellectual property, in each case whether registered or unregistered (including applications for the grant of any of the foregoing) and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world, and all rights of action, powers and benefits of the same.
10 No partnership
10.1 Nothing in these Portal Terms is intended to or shall be deemed to establish any partnership or joint venture between us and you.
11 Changes to the Portal
11.1 We reserve the right to modify, add, or remove parts of the Portal at any time. We may introduce improvements and new features from time to time into the Portal, some of which may be made immediately available.
11.2 We will not be liable to you or to any third party for any modification, change, suspension or discontinuance of the Portal or any part of it.
12 Changes to these Portal Terms
12.1 We reserve the right to update, change or replace any part of these Portal Terms by posting updates and/or changes on our website. Your continued use of, or access to, the Portal following the posting of any changes constitutes acceptance of the updated terms. If you do not agree to any updated terms, you must cease using the Portal.
13 Dispute Resolution
13.1 Any disputes between the parties will be discussed in the spirit of goodwill. If a party has any dispute in connection with these Portal Terms:
(a) that party will promptly give full written particulars of the dispute to the other;
(b) the parties will promptly meet (including by phone or video conference) and try to resolve the dispute;
(c) if the dispute is not resolved within 10 business days of written particulars being given (or any longer period agreed to by the parties), either party may refer the dispute to mediation; and
(d) party must not commence other legal proceedings, except an application for urgent interlocutory relief, without using the mediation procedure first, and only if the dispute has not been resolved within 20 business days of the appointment of the mediator.
13.2 Nothing in this clause 13 precludes either party from taking immediate steps to seek urgent interlocutory or equitable relief before a court of competent jurisdiction.
14 General
14.1 These Portal Terms will be governed by, and construed in accordance with, the laws of New Zealand.
14.2 These Portal Terms (together with any other terms and conditions notified by us to you) constitute the entire agreement between us and you regarding your use of the App and supersede all prior arrangements, agreements and understandings between you and us.
14.3 Any delay or failure to enforce our rights under these Portal Terms does not mean we have waived those rights.
15 Interpretation
15.1 In these Portal Terms, unless the context otherwise requires:
(a) the headings are for convenience only and have no legal effect;
(b) the singular includes the plural and vice versa;
(c) “including” and similar words do not imply any limit; and
(d) words denoting any gender include all genders.
App Terms and Conditions – Eat Choice
Last updated: 22 October 2024
1 Introduction
1.1 Eat Choice provides a platform for users to discover cafes and restaurants that cater to their specific dietary requirements.
1.2 These Terms and Conditions (“App Terms”) apply to your use of the Eat Choice App (“App”). In these App Terms, the words “Eat Choice”, “we”, “us” and “our” means Eat Choice Limited, and the words “you” and “your” means the person using the App.
1.3 By registering to use, accessing and using the App, you agree to be bound by these App Terms. These App Terms take effect from the date on which you download the App. If you do not accept these App Terms, then you must not access or use the App.
1.4 These App Terms should be read in conjunction with our Portal Terms, which you can locate below.
1.5 If you have any questions relating to these App Terms, you can contact us at choice@eatchoice.nz.
2 Use of the App
2.1 When using the App, you must:
2.1.1 Comply with these App Terms, and not violate any terms;
2.1.2 Do so for personal, non-commercial purposes only;
2.1.3 Do so for a lawful purpose only;
2.1.4 Not make available any public viewing of the App, or any content featured in the App;
2.1.5 Follow any reasonable directions given by us;
2.1.6 Not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any aspect of the App, or any content featured in the App;
2.1.7 Not disable, avoid, or circumvent any security or access restrictions of the App, including attempting to access other user accounts;
2.1.8 Do so in accordance with any applicable third-party terms of agreement; and
2.1.9 Not use the App in a way that violates the law, infringes any intellectual property rights, violates anyone’s privacy, or breaches any agreements you have with others.
3 Registration and access
3.1 You must create an account and provide certain information about yourself in order to use the App.
3.2 By providing your personal information to us, you acknowledge the collection and use of this information by us, in accordance with our Privacy Policy and the Privacy Act 2020.
3.3 You must ensure that all usernames and passwords required to access the App are kept secure and confidential. You must immediately notify us of any unauthorised use of your account, password or any other breach of security. You are responsible for all activity using your account.
3.4 The App is not intended or designed for children under 16 years of age. By using the App, you represent and warrant that you are at least 16 and have reviewed and consent to these App Terms.
3.5 When registering to use the App, you agree to provide accurate, complete, up-to-date and current information, and maintain and promptly update this information as required so that it is accurate, complete, up-to-date and current.
3.6 When you are an account holder, you can create multiple user profiles associated with your account. By creating a new user profile, you represent and warrant that you have that individual’s consent to create a user profile with their personal information. If you do not have consent from an individual, you must not create a user profile relating to that individual.
3.7 Any issues or problems that occur while accessing or using the App should be notified in writing (including by email) to choice@eatchoice.nz at the earliest opportunity
4 Apple and Google
4.1 If you accessed and/or downloaded the App from the Apple App Store, the following additional terms and conditions apply:
4.1.1 These App Terms are solely between us and you, and not Apple. We are solely responsible for the App and its content (subject to these App Terms). Apple and its subsidiaries are third party beneficiaries to these App Terms, and upon your acceptance of them, Apple will have the right to enforce these App Terms against you;
4.1.2 The licence granted to you for the App is limited to a non-transferable licence to use the App on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing;
4.1.3 We (and not Apple) are solely responsible for providing any maintenance and support services in relation to the App (subject to these App Terms). You acknowledge that Apple has no obligation to provide any maintenance or support services to you in connection with the App;
4.1.4 In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund you the purchase price for the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App;
4.1.5 You acknowledge that any claim in connection with the App related to product liability, a failure to conform to applicable legal or regulatory requirements, claims under consumer protection or similar legislation or intellectual property claims are governed by these Terms, and Apple is not responsible for such claims; and
4.1.6 You represent and warrant that you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a “terrorist supporting” country, and that you are not listed on any United States Government list of prohibited or restricted parties.
4.2 If you accessed and/or downloaded the App from the Google Play Store, you acknowledge and agree that:
4.2.1 These App Terms are solely between us and you, and not Google. Google is not responsible, and has no liability whatsoever, under any terms of these App Terms; and
4.2.2 To the extent that these App Terms conflict with Google’s Developer Distribution Agreement, the Google Developer Distribution Agreement will apply.
5 Fees and subscriptions
5.1 Your right to use the App is conditional upon you paying the applicable fees for your subscription to use the App. A subscription allows access to functionality or data of the App for is a defined period (e.g. monthly) that will be clearly shown to you at the time of subscription.
5.2 If you download the App through:
5.2.1 Website
5.2.2 The Apple App Store, you will pay the applicable fees via the Apple App Store; and
5.2.3 The Google Play Store, you will pay the applicable fees via the Google Play Store.
5.3 You agree that you will be liable for all charges arising in connection with the use of the Apple or Google Play account through which you have purchased and downloaded the App.
5.4 We may alter the applicable fees for the use of the App by either publishing the updated fees on our website, on the Apple or Google Play Stores, or by giving you written notice via the email address associated with your account.
5.5 Any change to the applicable fees will become effective at the end of the current subscription period. Your continued use of the App after any change to the applicable fees comes into effect constitutes your agreement to pay the updated fee amount.
6 Content of the App — Important information for users
6.1 The App may provide helpful dietary, allergy and food preference related information, but this is not intended to substitute for any professional advice, medical advice, or your own judgement.
6.2 We do not guarantee that a food establishment will at all times use adequate processes or other safeguards to prevent cross-contamination or contact with any allergens or other restricted foods. We do not guarantee the safety of any food items and assume no liability for your experience at a food establishment.
6.3 We strongly encourage you to inform any food establishment of any dietary requirements, allergies and/or food preferences you have before placing an order.
6.4 You acknowledge that all content on the App is provided “as is” for education, guidance and information purposes only. Use of and reliance on any content or information made available through the App is at your sole choice and risk, and you assume full risk and responsibility for your use of or reliance on any information or content made available through the App.
6.5 The App may display, include or allow you to access third party content, or provide links to third party websites, which includes content and links relating to food establishments. While we take reasonable steps to ensure that third party content featured in the App is accurate, complete, and up to date, we are not responsible if this content is not accurate, complete and/or up to date. We reserve the right to modify App content at any time, but we have no obligation to update any App content.
7 Disclaimers
7.1 While we make reasonable efforts to ensure that the App is always generally available for use, we do not accept responsibility if the App does not work at any time. We do not guarantee continuous operation of the App, the integrity of the content featured on the App, or any other data stored or transmitted via the App.
7.2 To the maximum extent permitted by law, the App is provided ‘as is’ and ‘as available’ for your personal use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
7.3 We take no responsibility for:
7.3.1 Any errors, mistakes or inaccuracies of information or content featured in the App;
7.3.2 Any action you take, fail to take, due to, or in reliance on, any information contained in the App, or referred to by us;
7.3.3 Personal injury of any kind resulting from your access to and use of the App; and
7.3.4 Any interruption to your use of the App.
7.4 You agree that you must evaluate and bear all risks associated with the use of the App, including those risks associated with reliance on the accuracy and completeness of any information or content featured in the App.
7.5 The App may contain links to other websites or services that are not owned or controlled by us. We are not responsible for, make no representations or warranties in relation to, and do not endorse the content of those linked websites and services and provide them solely for your information and convenience.
8 Liability
8.1 To the maximum extent permitted by law:
8.1.1 Eat Choice Limited, and its directors, officers employees, affiliates, agents, contractors, suppliers, service providers or licensors will not be liable to you for any injury, loss, claim, or any indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from or relating to these App Terms or your use of the App, including, but not limited to, any errors or omissions in any content or information featured in the App, even if we have been advised of the possibility of such damages; and
8.1.2 Our total liability to you for all damages will not exceed the amount paid by you to use the App in the three months immediately preceding your claim.
9 Intellectual property
9.1 Nothing in these Terms gives you any ownership rights over the App, nor any aspect of the App including its content and intellectual property associated with or featured on the App.
9.2 We grant you a non-transferable and non-exclusive license to use the App in accordance with these App Terms.
9.3 Where you provide any suggestions or feedback to us about the App, you acknowledge and agree that we may freely use and disclose all such suggestions and feedback as we see fit for any purpose.
10 Suspension and termination
10.1 These App Terms are effective until terminated by you or by us. At any time, you may terminate your account by using the ‘delete account’ function in the App. If you do so, you will cease to have access to the App and your account will be deactivated.
10.2 Your rights under these App Terms will terminate automatically if you fail to comply with or breach any of these terms.
10.3 If we reasonably consider in our sole discretion that you have breached any of these terms, we may immediately and without notice take all or any of the following actions:
10.3.1 Issue a warning to you;
10.3.2 Immediate, temporary, or permanent suspension or deactivation of your account or your ability to use the App;
10.3.3 Place any restriction on your access to the App (or part of it); and/or
10.3.4 Disclose such information to law enforcement authorities as we reasonably feel is necessary.
10.4 If your account is deactivated, then your account can no longer be accessed by you. On termination of your account for the App, any provisions of these App Terms intended to survive termination shall survive termination.
11 Changes to the App
11.1 We reserve the right to modify, add, or remove parts of the App at any time. We may introduce improvements and new features from time to time into the App, some of which may be made immediately available.
11.2 We will not be liable to you or to any third party for any modification, change, suspension or discontinuance of the App or any part of it.
12 Changes to the App Terms
12.1 We reserve the right to update, change or replace any part of these App Terms by posting updates and/or changes on our website or in the App. Your continued use of, or access to, the App following the posting of any changes constitutes acceptance of the updated terms. If you do not agree to any updated terms, you must cease using the App.
13 General
13.1 These App Terms will be governed by, and construed in accordance with, the laws of New Zealand.
13.2 These App Terms (together with any other terms and conditions notified by us to you) constitute the entire agreement between us and you regarding your use of the App and supersede all prior arrangements, agreements and understandings between you and us.
13.3 Any delay or failure to enforce our rights under these App Terms does not mean we have waived those rights.