Terms & Conditions

1. Welcome to Order Meal

1.1 Thank you for visiting www.ordermeal.co.nz, ordermeal.nz or ordermeal.net.nz, accessing our Order Meal application, and/or ordering food and beverages from us. To ensure you fully understand the terms of sale please read these terms and conditions carefully.

2. Definitions

2.1 In this agreement:

‘alcoholic beverages’ shall mean all alcoholic beverages ordered by you through the website or the application;

‘application’ means the Order Meal digital technology application available to customers seeking on-demand food and/or beverage delivery services;

“beverages” shall mean all beverages ordered by you from a liquor store through the website or the application, including alcoholic beverages;

‘delivery service provider’ shall mean an independent service provider that provides on-demand delivery services where requested through the website or via the application and delivery service providers can be an individual driver or a third party service provider that provides drivers who are employees or subcontractors;

’driver’ shall mean the individual providing delivery services to you through the website or via the applicationand includes employees and subcontractors of delivery service providers;

’driver app’ means the Order Meal digital technology application available to delivery service providers offering on-demand food and/or beverage delivery services;

‘food’ shall mean all food and other goods ordered by you from a restaurant through the website or the application;

‘liquor store’ meansthe liquor store supplying the beverages, including any alcoholic beverages, to you through the website or via the application;

‘price’ shall mean the cost of the food, beverages, and/or delivery service ordered by you through the website or via the application and may include a service fee;

‘privacy policy’ means our privacy policy posted on the website or available within the application;

‘restaurant’ means the restaurant supplying food to you through the website or via the application;

‘service fee’ means a fee equal to a % of the order value before any promotions or discounts and may be subject to a minimum or maximum charge. A service fee may be applicable to certain delivered orders so that we are able to continue to provide the best possible ordering experience for you as our customer;

‘terms and conditions’ shall mean the terms and conditions set out in this document;

‘valid ID’ shall mean an approved evidence of age document approved by the regulations made under the Sale and Supply of Alcohol Act 2012 and includes a current passport and a current New Zealand driver licence;

‘we’, ‘us’ and ‘our’ shall mean Order Meal Limited and/or Order Meal Drinks Limited as appropriate to your activity/transaction, and includes their respective directors, agents and employees;

‘you’ shall mean the customer, its agents and employees or any person acting on behalf of and with the authority of you, or any person purchasing food and/or beverages through the website or through the application. Notwithstanding anything else herein, where you are purchasing alcoholic beverages, you shall mean you personally and not any other person;

‘website’ means www.ordermeal.co.nz, www.ordermeal.nz or www.ordermeal.net.nz;

‘website/application content’ shall collectively mean all information and content available on the website, including but not limited to logos, text, buttons, icons, graphics, data compilation, images and audio clips.

3. Agency acknowledgement

3.1 You acknowledge that we are acting as the agent for restaurants and liquor stores and that all food and/or beverages ordered by you through the website or via the application will be supplied by the restaurants and/or liquor stores. Your contract for the supply of food will be with the restaurant and your contract for the supply of beverages will be with the liquor store,subject to these terms and conditions.

3.2 You acknowledge that where you agree for a delivery service provider to deliver food from a restaurant to you (or another recipient) that these delivery services are not provided by us and the delivery service provider will have sole responsibility for the delivery of the food to you.

3.3 You acknowledge that where you agree for a delivery service provider to deliver alcoholic beverages from a liquor store to you that these delivery services are not provided by us and the delivery service provider will have sole responsibility for the delivery of the beverages to you. You are not permitted to order alcoholic beverages for another person.

4. Registration

4.1 Any user that registers with the website and/or sets up an account in the application must be 18 years old or over. By setting up an account with us, you declare,warrant and undertake, that you are 18 years old or over.

4.2 Please note that each registration is personal to that user only. We do not allow any user to share their user name and password with any other person nor do we allow multiple users on the website or application with one registration. To the maximum extent permitted by law, we exclude all liability for any loss, cost or expense you incur arising directly or indirectly from you sharing your user name or password with any other person.

4.3 Please do not hesitate to contact us if you find or suspect that someone has obtained your password. We will then, at our reasonable discretion, place on hold or cancel your registration.

4.4 We may suspend or cancel your registration at any time if you breach these terms and conditions or if we consider that your account is being hacked.

5. Acceptance

5.1 By placing any order for food and/or beverages on the website or through the application, you accept and agree to be bound by these terms and conditions without limitation or qualification.

5.2 We may revise these terms and conditions from time to time by updating the posting of this document on the website or within the application or by giving notice to you. We therefore strongly advise you to carefully read these terms and conditions whenever you make an order for food and/or beverages,or submit any information to us.

6. Price and Payment

6.1 The price of the food and/or beverages payable by you shall be the price displayed on the website/application at the time of order.

6.2 The price of the delivery service for the food and/or beverages shall be the price calculated by the website/application at the time of order, together with any service fee, if applicable.

6.3 We require payment in full at the time you place an order through the website/application.

6.4 If you use a credit card or debit card to pay for food and/or beverages (and delivery), we may charge you credit card fees in addition to the price of the food and/or beverages (and delivery).

6.5 A restaurant or a liquor store may withhold the provision of any food or beverages until all amounts due by you have been paid.

6.6 You indemnify us for all losses, costs, expenses and claims we incur if a bank determines (whether acting reasonably or otherwise) that a payment made by you is a fraudulent payment.

7. Orders

7.1 You may only cancel an order for foodor beverages from the website/application if you give at least 24 hours’ notice by email or telephone, which must be provided direct to the restaurant or liquor store with a copy to us.

7.2 An order will only be fulfilled by a restaurant or liquor store once it has been accepted by the restaurant or liquor store via a text message or email to you or a notification from the application. A restaurant or liquor store may reject an order for any reason whatsoever.

7.3 If a restaurant or liquor store rejects your order for foodor beverages, we will refund to you any payment for the food or beverages, less any surcharges paid by you, such as credit card surcharges. We will have no further liability to you for rejected orders.

7.4 Once an order is placed through the website/application and accepted by the restaurant/liquor store, you will be advised about the processing time of the order via a text message or email or application notification from the restaurant/liquor store. Delivery times provided by the restaurant/liquor store are estimates only.

7.5 If you have any allergies, including without limitation to dairy, nuts or gluten, or any special requirements for your food whatsoever, you must place your order directly with the restaurant by visiting or calling the restaurant direct.

7.6 The restaurant or liquor store may ask you to present your credit card on pickup or delivery in order to confirm your card number and identity.

7.7 The liquor store will require you to present your valid ID upon pick delivery in order to confirm that you are not under the purchase age of 18 as specified in the Sale and Supply of Alcohol Act 2012. Where a driver delivers alcoholic beverages to you, the driver will also require you to present your valid ID upon delivery.

7.8 You acknowledge and agree that an order for foodor beverages (and delivery services) from a restaurant/liquor store (and driver) through the website or the application will mean that the website or the application will release certain details and information about you to the restaurant/liquor store, the delivery service provider, and the driver, and you authorise the release of such details including your name, phone number, email address and delivery address.

7.9 You acknowledge and agree that the application and the driver app may incorporate a ratings system in respect to the contract for food, beveragesand/or delivery services between you and the restaurant/liquor store, and the driver. You agree to provide any ratings and feedback in relation to restaurants, liquor stores, and drivers in good faith and that we have the right to use, modify, and display ratings and feedback in our discretion.

8. Delivery

8.1 We do not provide delivery services and are not responsible for the obligations of delivery service providers and drivers. You arrange any required delivery services through the website or via the application. We collect delivery charges from you on behalf of delivery service providers.

8.2 A delivery service provider is contracted to collect your food or beveragesfrom a restaurant or liquor store and deliver it or arrange delivery to you (or another delivery location, except in the case of alcoholic beverages where it must be delivered personally to you). The delivery service providers are independent of us and we do not guarantee the standard of delivery services. It is our expectation however that drivers carry out the delivery of the food and beverages with a high standard of timely, efficient, friendly and polite service. Drivers should be expected to take all steps to deliver the food (in an insulated bag) and/or beveragesin the same good order and condition as received from the restaurant/liquor store. Drivers may be provided with the phone numbers provided by you in order to contact you and/or the Recipient for the purposes of the delivery.

8.3 Delivery times are estimated only and not guaranteed and there are many factors that may affect your order and delivery. Depending on the delivery service provider you may receive sms updates in relation to the delivery service.

8.4 You must ensure the delivery address you provide is safe to enable the driver to deliver the food and/or beverages to you in a safe manner and in compliance with all relevant health and safety standards.

8.5 If a driver is unable to safely access and deliver your food or beverages to you (including for the reason that you fail to provide a valid ID) then you will still be charged the full amount of the food/beverages, and delivery. If you do not answer the door to a driver or you are not available to receive the delivery at the delivery address or you do not provide valid ID for a delivery of beverages, then:

If the delivery is for food, the driver may choose to either leave the delivery on the doorstep or return the delivery to the restaurant. In all cases you will still be charged the full amount of the food and delivery and any service fee; and

If the delivery is for beverages, the driver will return the delivery to the liquor store and you will still be charged the full amount of the beverages, and delivery.

8.6 If you cancel a request for delivery service prior to delivery to you (or another recipient) then you will still be liable for the price of the delivery service (unless you give at least 24 hours’ notice by email or telephone, which must be provided direct to the restaurant/liquor store, with a copy to us).

9. Deals

9.1 A restaurant or liquor store may change/remove deals anytime without any notice.

9.2 Loyalty credit will not be transfer to any other restaurant or liquor store, and can only be redeemed online when it reaches it's order limit. Loyalty credit only available for Order Meal members and you need to login to earn or claim the credits.

10. Additional terms applicable to alcoholic beverages

10.1 Order Meal Drinks Limited distribute beverages, including alcoholic beverages, on behalf of liquor stores under the trading name “Order Meal” on the website and application.

10.2 While you may be able to purchase alcoholic beverages at any time, we will not arrange the delivery of them on Good Friday, Easter Sunday, Christmas Day, or before 1pm on Anzac Day; or at any time after 11 pm on any day and before 6 am on the next day. This is further subject to any local territorial authority and statutory and regulatory requirements.

10.3 We will require a valid ID from you on pick up or delivery because we are not lawfully able to sell or deliver alcoholic beverages to anyone under the age of 18.It is illegal to make a false declaration of your age in order to purchase or attempt to purchase alcoholic beverages. We also cannot lawfully sell or delivery alcoholic beverages to you if you are intoxicated or we or the driver believes in our/their sole discretion that the alcoholic beverages are intended for someone under the age of 18. If you do not or is unable to produce a valid ID, the terms under clause 8 above will apply. By using our website and application to purchase alcoholic beverages, you declare and warrant that you are not under the age of 18. We direct you to the consequences found here: https://www.police.govt.nz/advice/drugs-and-alcohol/alcohol-laws-and-penalties

10.4 Order Meal Drinks Limited (Order Meal) trades under the Off Licence (Section 17 to 20, 40, 64 and 135, Sale and Supply of Alcohol Act 2012) number 007/OFF/77/2021 which is valid up to 28 July 2025 unless renewed. Please click here to see our liquor licence.

10.4 Please drink responsibly. If you are aware of someone who may require assistance with their alcohol intake, please feel free to visit https://cheers.org.nz and https://www.alcohol.org.nz.

11. Risk and defects

11.1 The risk of any loss or damage to any food and/or beverages sold, or deterioration of the food and/or beverages, due to any cause whatsoever shall pass to you upon delivery of the food and/or beverages to you.

11.2 You shall inspect the food and/or beverageson delivery and you shall, within 24 hours of delivery, notify us and the restaurant/liquor store of any alleged non-compliance, shortage in quantity, damage or failure to comply with the description (as applicable). If you fail to comply, the food and/or beverages shall be presumed to be in accordance with these terms and conditions and free from any damage or defect and neither we nor the restaurant nor the delivery service provider (if any) shall incur any subsequent liability whatsoever in relation to the food and/or beverages.

11.3 If we agree in writing that you are entitled to reject food and/or beverages, we will refund the purchase price of the food and/or beverages to you.

11.4 Food and/or beverages supplied to you cannot be returned or exchanged except as otherwise set out in these terms and conditions, provided that nothing in these terms and conditions shall prevent a customer to whom the Consumer Guarantees Act 1993 (‘CGA’) applies from exercising any remedies that customer may have under the CGA.

12. Complaints

12.1 If you have any complaints in relation to food supplied by a restaurant to you, or in relation to beverages suppled by a liquor store to you, please contact the restaurant or liquor store directly. If you cannot get hold of the restaurant or liquor store then please contact us.

13. Limitation of Liability

13.1 The CGA, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon us which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on us or the restaurant or the liquor store or driver, our and the restaurant’s, the liquor store’s and the delivery service provider and driver’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the lesser of the minimum extent required by the relevant statute or the fees paid under the invoice for the food/beverages and services.

13.2 Except as otherwise provided by clause 13.1, we, the restaurant, the liquor store and the delivery service provider and driver shall not be liable for any loss or damage of any kind whatsoever, arising from the supply of food, beverages, and services (including delivery services) to you, including consequential loss whether suffered or incurred by you or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from the food, beverages, and/or services provided to you.

13.3 The guarantees contained in the CGA are excluded where the restaurant/liquor store provides food/beverages for the purposes of a business in terms of sections 2 and 43 of the CGA.

13.4 Neither we nor the restaurant nor the liquor store nor the delivery service provider and driver will be liable to you for any loss or damage arising out of or in connection with any delay or failure to perform the terms of the contract of supply where such delay or failure is caused directly or indirectly from causes beyond our control.

14. Warranties

14.1 No representation, condition, warranty or premise expressed or implied by law or otherwise applies to the food and beverages except where food or beveragesare supplied pursuant to the CGA (subject to clause 13.3).

14.2 We make no warranty whatsoever as to the availability of the website and the application. We will have no liability to you if the website and/or the application is down for any reason, including, without limitation, an outage caused by routine maintenance, upstream provider outage or a malicious virus.

15. Indemnity

15.1 You indemnify us and the restaurant/ liquor store and the delivery service provider and driver against any actions, proceedings, losses, damages, liabilities, claims, costs and expenses including fines, penalties, legal and other professional costs on a full indemnity basis, that we or the restaurant/liquor store or the delivery service provider and driver incur or suffer as a direct or indirect result of: the provision of food, beverages, and services by a restaurant/liquor store to you; the provision of delivery services by a delivery service provider and driver to you; any breach of these terms and conditions by you; or a bank requesting a refund of a payment made by you due to fraud.

16. Privacy and Security

16.1 Please read our privacy policy so that you understand how we collect, use and store information about you.

16.2 The website and the application use SSL and we do not store your credit card information. All payments are handled by a secured third party.

16.3 You agree that we may collect, store and use your personal information to enable you to order food, beverages, and services from the website or via the application. You also agree for us to share your personal information for the purposes of providing to third parties to enable your order of food, beverages, and services to be completed.

16.4 Unless it is for the sole purpose of completing and receiving your order for delivery of food or beverages, you agree not to contact a driver; and/or use the personal details or information of a driver that has been made available to you via the application or during the course of delivery.

17. Copyright and Intellectual Property

17.1 The website/application content is our property and protected by law, including laws governing copyright and other intellectual property rights.

17.2 Unless otherwise expressly authorised by law, you may not use, transfer or copy any of the website/application content for public or commercial use without our permission. You may only print, download extracts or use any pages of the website/application content for your personal use. You acknowledge our status as the owner of the website/application content.

17.3 We grant you a personal non-exclusive, non-transferable and non-assignable right to install and use the application on your device for the purposes of ordering food, beverages, and delivery services and you agree not to share, provide, or distribute the application to any third party.

18. Accuracy of Information

18.1 We will make reasonable endeavours to provide accurate information regarding food and services, prices, images and colours on the website and in the application. However, to the maximum extent permitted by applicable laws, we do not warrant that the price, descriptions, text, colours, contents or other images on the website and in the application are comprehensive, error-free or completely accurate.

18.2 We reserve the right to make changes to any part of the website, the application, prices, or food or beverages available from the website or the application at any time with or without prior notice.

19. General

19.1 All prices on the website and in the application are in New Zealand dollars and include GST. All transactions will be billed to you in New Zealand dollars.

19.2 All notices sent to you pursuant to these terms and conditions will be sent by email to the email address provided by you at the time of order or registration.

19.3 These terms and conditions shall be binding on the legal representatives, assignees and successors of the parties.

19.4 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

19.5 No failure or delay on the part of either party in exercising any power or right under these terms and conditions will operate as a waiver, nor will any single or partial exercise of such right or power preclude any other or future exercise of the same, or any other right or power contained in these terms and conditions.

19.6 For the purpose of section 12 of the Contract and Commercial Law Act 2017, the undertakings contained in this agreement are intended to create a benefit in favour of, and enforceable by, our directors, agents and employees, the restaurant, the liquor store, the delivery service provider and the driver.