Please read the terms and conditions ("Terms and Conditions") set out below carefully before ordering any Food Products from this 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 (DDinfoways limited t/a takey.co.nz), 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.
1.1 "Agreement" is a reference to these Terms and Conditions, the Privacy Policy, any order form and payment instructions provided to you.
1.2 “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.
1.3 "Food Products" is a reference to any food products which we may offer for sale through our Website from time to time;
1.4 "Participating Restaurant" means any restaurant who lists Food Products on the Website.
1.5 "Privacy Policy" means the policy displayed on our website which details how we collect and store your personal data;
1.6 “User” means a person who registers with the Website, who is bound by these Terms and Conditions.
1.7 "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 DDinfoways limited t/a takey;
1.8 "We", "us", "our", and "DDinfoways limited t/a takey" are references to DDinfoways limited t/a takey Limited, and includes its agents, employees, and subcontractors as the context requires; and
1.9 "Website" is a reference to our website http://takey.co.nz or our mobile applications on which we offer our Goods or Services.
2.1.1 DDinfoways limited t/a 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 DDinfoways limited t/a takey communicates to the Participating Restaurants.
2.1.2DDinfoways limited t/a 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. DDinfoways limited t/a takey engages subcontractors or employees to deliver the Food Products.
2.2 DDinfoways limited t/a takey is not the retailer of any products offered by Restaurants.
3.1 By using the Website and/or the Services, you confirm that:
(a) All registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information.
(b) 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; and
(c) Your use of the Website and Services does not violate any applicable law.
3.2 DDinfoways limited t/a 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.
4.1 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.
4.2 You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant 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.
4.3 If you register as a User, you will also be required to provide a password upon registration. You warrant that you will keep this password secure and not provide it to a third party.
4.4 We reserve the right to not accept your registration or terminate your registration as a User at any time.
4.5 You must notify us of any change to your registration details.
4.6 Should you no longer wish to be a User, you may close your account by contacting us at info@DDinfoways limited t/a takey.co.nz
4.7 Food Products purchased from this Website are intended for your use only and you warrant that any Food Products purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.
4.8 At present, the Services are only available to customers in certain regions of New Zealand as displayed on the Website.
4.9 You may specify a suitable delivery time when your place an order through the Website.
4.10 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 that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. You must inform us immediately if any details are incorrect. The fact that you receive 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.
4.11 If the ordered Food Products and delivery capacity is available, the Participating Restaurant will accept the order and confirm this with DDinfoways limited t/a takey. The contract for the supply (including delivery) of Food Products will be confirmed to you by e-mail or mobile app notification.
4.12 The confirmation message will specify delivery details, including the approximate delivery time specified by the Participating Restaurant, and confirm the total price of the delivery and the Food Products ordered.
4.13 If none of the Food Products you have ordered are available or if there is no capacity to deliver the order either within a reasonable time or, if you had specified a delivery time, at your specified delivery time, we will also endeavour to let you know by e-mail or phone call (see clause 8.6 below).
5.1 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.
5.2 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.
5.3 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.
5.4 When you place an order through the Website, you will be given a choice of payment via Stripe. “DDinfoways limited t/a takey” will be the name that appears on the stripe. As set out above, however, DDinfoways limited t/a takey is not the seller of any of the Food Products, and these gateway are not operated by DDinfoways limited t/a takey. Processing of payments is subject to the additional terms of Stripe as the case may be.
5.5 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.
5.6 In some circumstances, such as where the Website is unable to process payments, DDinfoways limited t/a 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.
5.7 All sums paid by you under these Terms and Conditions shall be made in full without deduction or setoff.
5.8 You acknowledge that the prices of Food Products, Delivery Charges and any other charges set out on our Website may change at any time.
6.1 Delivery periods provided at the time of ordering are approximate only and may vary. Any order tracking information provided to Users through the Website is also approximate only. Food will be delivered to the address designated by you at the time of ordering.
6.2 DDinfoways limited t/a takey engages subcontractors or employees to deliver Food Products.
6.3 If your order is not delivered within the estimated delivery time provided by us, please contact DDinfoways limited t/a takey first. You may contact us by email(info@takey.co.nz) and we will try to ensure that you receive your order as quickly as possible.
6.4 We and the Participating Restaurants, who will prepare your order, aim:
(a) To deliver the product to you at the place of delivery specified by you in your order;
(b) To deliver within the estimated delivery time; and
(c) To inform you if we expect that we will be unable to meet the estimated delivery time.
6.5 However, in case of a late or mis-delivery, the Delivery Charge will only be refunded by DDinfoways limited t/a takey in accordance with the “Refunds and Cancellations” section below. DDinfoways limited t/a 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.
6.6 All risk in relation to the Food Products shall pass to you upon delivery.
6.7 You are solely responsible for verifying the accuracy of delivery addresses, and DDinfoways limited t/a takey shall have no liability or responsibility for any such erroneous address.
6.8 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.
6.9 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.
6.10 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 (see clause 8.6 below).
7.1 Cancellation policy: By completing and paying for your order you’re permitting the selected Partner Restaurant to begin preparation of your order. Once you have received confirmation of your order the restaurant has begun their preparation of your Meal(s) - from that point we cannot cancel any order. Please check your final order before confirming your purchase
7.2 Refund policy: If for any reason you are not completely satisfied with the service you receive from DDinfoways limited t/a takey please contact us at info@takey.co.nz. 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 info@takey.co.nz.
7.3 All refunds are completely at the discretion of takey.
8.1 Where we have requested information from you to provide Food Products or Services you agree to provide us with accurate and complete information.
8.2 You must not use or launch any automated system or program in connection with our Website or its online ordering functionality.
8.3 You must not collect or harvest any personally identifiable information from this Website, use communication systems provided by the Website for any commercial solicitation purposes, solicit for any reason whatsoever any Users of the Website with respect to their submissions to the Website, publish or distribute any vouchers or codes in connection with the Website, or scrape or hack the Website.
9.1 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.
10.1 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 DDinfoways limited t/a 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. DDinfoways limited t/a takey is unable to check orders of Food Products produced by Participating Restaurants for food safety reasons.
10.2 DDinfoways limited t/a 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.
10.3 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.
10.4 The Website is owned and operated by DDinfoways limited t/a takey, and is completely owned and operated in New Zealand. DDinfoways limited t/a 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.
10.5 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.
10.6 By accepting these terms of use you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party website, or your consumption of any Food Products from a Participating Restaurant.
10.7 The Food Products sold through the Website are provided for private domestic and consumer use only. The Services are provided ‘as is’ and DDinfoways limited t/a 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.
10.8 Subject to clause 10.7 above, you agree to release and indemnify and hold DDinfoways limited t/a 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.
10.9 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.
10.10 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.
10.11 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.
10.12 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.
11.1 You may use information on the DDinfoways limited t/a 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 DDinfoways limited t/a takey’s prior written consent.
11.2 You agree that if you submit ratings, suggestions, comments or questions or post any other information on this site, you grant DDinfoways limited t/a 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. DDinfoways limited t/a takey takes no responsibility and assumes no liability for any content posted or submitted by you or by other Users.
11.3 You promise to DDinfoways limited t/a takey that any such material provided by you does not breach the intellectual property rights of any person and agree to indemnify DDinfoways limited t/a takey against claims of any kind arising from a breach by you of that promise, including legal fees on the indemnity basis.
12.1 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 DDinfoways limited t/a takey’s services. We are not responsible for any fees charged by your data or cellphone carrier.
12.2 You consent to receive text messages from or on behalf of DDinfoways limited t/a takey as a part of the Services at the cell phone number(s) provided by you to DDinfoways limited t/a 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 DDinfoways limited t/a takey are changed or disconnected.
13.1 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.
13.2 The Terms and Conditions together with the Privacy Policy, 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.
13.3 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.
13.4 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.
13.5 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.
If you have any question, please do contact us at:
info@takey.co.nz
0800 334636