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Terms of Use

Terms of Use
 
Your use and/or access to the EasyEat website and its products/services is subject to your agreement to the below Terms of Use below.

The name that will appear on your  bank statement will be  EasyEat for all purchases made through this website.
 
 1. Intellectual Property
 
All text, graphics, user interfaces, photographs, trademarks, logos, and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on EasyEat is owned, controlled or licensed by or to EasyEat, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on the EasyEat 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, Web site or other medium for publication or distribution or for any commercial enterprise, without EasyEat’s prior written consent.

By submitting content to EasyEat (including but not limited to restaurant reviews, ratings and comments) You grant EasyEat the ownership to this intellectual property and the right to use it in any manner EasyEat chooses, to the maximum extent permitted by law.
When you visit our website, we give you a limited licence to access and use our information for personal use.
You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

You are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools.

The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us, or we have a licence to use those materials.

All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our or their owners prior written permission.

Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

You agree that if You submit ratings, suggestions, comments or questions or post any other information on this site, you grant EasyEat, 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. EasyEat takes no responsibility and assumes no liability for any content posted or submitted by You or by other users.
 
You promise to EasyEat that any such material provided by You does not breach the intellectual property rights of any person and agree to indemnify EasyEat against claims of any kind arising from a breach by You of that promise, including legal fees on the indemnity basis.
If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
 
 
 
2. Limitation of Liability

EasyEat acts as a intermediary service between you and the restaurant and takes responsibility for the communication of orders to the Restaurants. Our customer service team will use all reasonable endeavours to resolve any issues arising from the submission of orders via our website including the processing of refunds as per our Delivery and Returns Policy. However, please note that EasyEat is not responsible for the quality of the food and service provided by the restaurant.

Under no circumstances will EasyEat be liable for any losses or damages whatsoever (including for death, injury or illness), whether in contract, tort or otherwise, arising from the use of, or reliance on, information or opinions contained on this website. EasyEat excludes all liability (including for negligence) to You 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 systems or loss of data) arising from or in connection with any, use of the information on or access through the EasyEat website.

For products/services involving Venues, the user may be bound by additional terms and conditions imposed by the Venue. 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 listed venue. Specials listed on EasyEat are subject to change. Venues may alter their specials at any time, including removing or changing the terms of their Loyalty Discount program. Loyalty credits earned from a venue are non transferrable and are not redeemable for cash.

In these Terms of Use the expressions 'Venue' or 'Venues' mean the restaurant or other supplier to which You have been introduced or referred
by EasyEat using this site.

To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.

We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
 


3. Delivery and Returns policy
 
All orders placed via the website are prepared by the venue and delivered by the venue's delivery drivers or drivers arranged by the venue. The delivery times indicated on the website and in an order correspondence are estimate times only based on information supplied to us by the venue.
 
EasyEat reserves the right to process a refund to your credit card if payment is made online to EasyEat, provided the refund has been approved by the restaurant.  EasyEat does not accept any responsibility for any delays in inter bank processing of such refunds.
 

4. Our commitment to data security
 
All user details captured by EasyEat are stored securely at all times and will never be provided to any unauthorised third parties.
While being transmitted over the Internet, your credit card details are protected using SSL (Secure Socket Layer) encryption. Credit card details are only used to pay for orders, and/or restaurant vouchers. We do not store or save credit card details.
 

5. Disclaimer of warranty

EasyEat is providing this site and its contents on an “as is” basis and use of this site is at your own risk. All content is believed, in good faith, to be accurate, complete, current and reliable at the date the information was placed on the site.

EasyEat, nor any of its respective directors, officers, employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this site (including in relation to any products or services). To the extent permitted by law, including non-excludable statutory obligations, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site.

To the extent permitted by law, EasyEat expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose.
 

6. Currency

 All prices are in New Zealand Dollars (NZD) and are inclusive of GST. The prices on this site are maintained by, and the responsibility of the Takeaway outlet whose listing they are part of. We take no responsibility, and cannot take responsibility for the accuracy of these prices.
Credit Card transactions are processed by a third party and handled entirely on a separate site maintained by that party. We do not record, transmit or store any Credit Card details under any circumstances, nor are we responsible for the processing of any Credit Card payment.
 
 
7. Disclaimers
 
Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.

Our liability for the supply of goods or services ordered via our website is limited solely to the transmission of that order to the relevant Takeaway outlet, we can accept no responsibility for any failure or shortcoming in the goods or services provided by that outlet.
 

8. Release and Indemnity
 
You agree to release and indemnify and hold EasyEat and (as applicable) affiliates, officers, directors, agents, and employees, 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 service provided by EasyEat, including those made by any third party arising out of your breach of these Terms of Use, or your violation of any law or the rights of a third party.
 

9. Jurisdiction
 
These terms and conditions are to be governed by and construed in accordance with the laws of New Zealand and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New Zealand and you agree to submit to the jurisdiction of those Courts.

 If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
 

10. Changes

EasyEat may change these Terms of Use at any time without notice and You agree to be bound by such changes. Those changes will be posted on the website.
 

11. Hyperlinks

This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
 

12.Governing Law

This website is governed by, and is to be interpreted consistently with, New Zealand law. This website may be accessed throughout New Zealand and overseas but EasyEat makes no representations or warranties that the content of this web site complies with the laws (including intellectual property laws) of any country outside New Zealand. If you access this web site from outside New Zealand, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.
 

13. Privacy
 
 We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.