1.1 These terms apply when you access and use Caterway as a customer.
1.2 By registering for an Account you accept these terms. If you do not accept these terms, you must not use Caterway.
1.3 We reserve the right to make changes to these terms by uploading updated terms on the Caterway Website. You will be bound by the terms that are in effect at the time you access and/or use Caterway. Your continued use of Caterway represents your agreement to be bound by the terms as amended. If you do not agree with our amended terms, you must stop using Caterway.
2.1 In these terms:
Account means a customer account on the Caterway Website.
Caterer means caterers that list Goods and/or Services for sale on the Caterway Website and Caterer means any one of them.
Caterway means a food ordering platform, provided through the Caterway Website.
Caterway Website means www.caterway.nz.
Customer Order means an order made by you using the Caterway Website for the purchase of Goods and/or Services from a Caterer.
Delivery Date means, in respect of the Goods, the date on which the Goods must be delivered to the Delivery Location, as specified in a Customer Order.
Delivery Location means the location where the Goods must be delivered, as specified in a Customer Order.
Delivery Time means, in respect of the Goods, the time at or before which the Goods must be delivered to the Delivery Location on the Delivery Date, as specified in a Customer Order.
Goods means goods purchased by you from a Caterer on the Caterway Website.
Price means the price for the Goods and/or Services as shown on the Caterway Website.
Services means services purchased by you from a Caterer on the Caterway Website.
Staff Profile means a personalised user profile for your staff or representatives which provides those individuals with access to Caterway for the purposes of placing Customer Orders on your behalf.
We, our or us means Caterway Limited (company number 7074752).
You and your means you, the customer.
3.1 In order to purchase Goods and/or Services in accordance with these terms, you must register for an Account.
3.2 When registering for an Account, you are required to provide us with the information requested in our online registration form.
3.3 You acknowledge that if there are any changes to the information provided by you when registering for an Account, those changes must be updated by you on the Caterway Website.
3.4 You may add a Staff Profile to your Account for any staff member or other representative that you wish to permit to place Customer Orders on your behalf. Each Staff Profile must have its own unique username and password.
3.5 You warrant and represent to us that any individual for whom you create a Staff Profile has full power and authority to place Customer Orders using your Account.
3.6 You must ensure that the details of your Account, including your password and the password(s) for any Staff Profiles linked to your Account, are kept secret.
4.1 You may order Goods by completing a Customer Order on the Caterway Website.
4.2 Your Customer Order must provide the following:
(a) Goods: The Goods you wish to purchase;
(b) Delivery or Collection:
(i) If Goods are to be delivered to you: The required Delivery Date, the required Delivery Time and the Delivery Location; or
(ii) If Goods are to be collected by you: The date and time that you wish to collect the Goods; and
(c) Other relevant information: Any other relevant information or instructions (including instructions in relation to dietary requirements, if applicable).
4.3 If a Supplier also offers the performance of Services (for example, the provision of serving staff), and you wish to request those Services, you must provide this in your Customer Order. You must also include the location at which the Services are to be performed and the period during which those Services will be required (where applicable).
4.4 Your agreement with the Caterer relating to supply of the Goods and/or performance of the Services will only be formed once we have confirmed your Customer Order after it is accepted by the Caterer. The Caterer may accept or decline any Customer Order. We will notify you whether the Caterer has accepted or declined your Customer Order.
5.1 You may change or cancel a Customer Order made under clause 4.1 on the Caterway Website.
5.2 If you request a change to a Customer Order, the relevant Caterer may accept or decline that change. You will be notified of this by us.
5.3 If the Caterer accepts a change request, the amended order will replace the Customer Order.
5.4 If you cancel a change request or the Caterer declines a change request, the original Customer Order will remain in place.
5.5 You may cancel a Customer Order on the Caterway Website. If you cancel a Customer Order after it has been accepted, you will still be responsible for payment of the Price for any Goods already prepared by the Caterer.
5.6 The Caterer may cancel a Customer Order. If this occurs, we will notify you and give you the option of transferring your Customer Order to another Caterer.
5.7 If you are entitled to a refund as a result of any change to or cancellation of a Customer Order in accordance with this clause 5, such refund will be credited to your Account.
6.1 If, in your reasonable opinion, the quality of the Goods provided to you by a Caterer is not of an acceptable quality, or if the Goods provided to you are incorrect, you can notify us of your concerns by contacting us using one of the methods on our ‘Contact us’ page or using the communication system on the Caterway Website and we will pass these concerns on to the Caterer.
6.2 You acknowledge that any issues raised by you must be resolved between you and the Caterer and that we will not be involved in the resolution of those issues.
6.3 If payment of the Price has been collected by us, we will pay this to the Caterer and the Caterer will be responsible for payment of any refunds directly to you (if applicable).
7.1 The Price for the Goods and/or Services will be as specified on the Caterway Website.
7.2 You must pay the Price for the Goods and/or Services in full, without deduction or setoff, either at the time you place a Customer Order or following receipt of our invoice for the Price.
7.3 You may pay in one of the following ways, by selecting the relevant option when placing a Customer Order:
(a) Credit or Debit Card: You may pay by Credit Card or Debit Dard using our payment partner, Stripe New Zealand Limited.
(b) Account: You may pay from funds held in your Account on the Caterway Website, provided the funds held in your Account are sufficient to pay the Price in full. Your Account may be topped up by you from time to time by Credit Card or Debit Card using our payment partner, Stripe New Zealand Limited.
(c) Invoice: If you apply for a credit account with us, we may, subject to clauses 7.4 to 7.8, invoice you for the Price.
7.4 If you elect to pay by invoice under clause 7.3(c), we may (at our sole discretion) require that you pay a deposit before a Customer Order is processed.
7.5 If we invoice you for the Price of Goods and/or Services, payment of the Price must be made within 7 days of the date of our invoice.
7.6 If you fail to pay an invoice by the due date:
a. you must pay us a late payment fee equating to 12% per annum, calculated daily and capitalized monthly, for the period beginning on the due date and ending on the date that we receive payment in full; and
b. we may refuse to allow you to place any further Customer Orders unless and until all outstanding amounts have been paid in full.
7.7 If you are a company, we may require personal guarantees from your director(s) as security for your payment of the Price.
7.8 You irrevocably authorise us to check your credit status with any credit reporting agency for the purposes of assessing whether to approve your application for a credit account with us. You agree that we may pass on credit information about you (including failure to make payments to us) to any credit reporting agency. You understand the credit reporting agency may give that information to its customers if they seek credit information about you.
8.1 To the extent we are legally able to limit our liability, we will not be liable to you for any reason relating to your use of the Caterway Website, or a Caterer’s acts or omissions.
8.2 Nothing in these terms limits any rights you have against a Caterer under the Consumer Guarantees Act 1993.
9.1 Our agreement may be terminated immediately by either party giving written notice to the other, or by your cancellation of your Account.
10.1 These terms constitute the entire agreement and understanding of you and us relating to the matters dealt with in these terms and supersedes and extinguishes any previous agreement, discussions, negotiations, promise, assurance, warranty and representation (whether oral or written) between you and us in relation to such matters. Nothing in this clause 10 operates to limit or exclude any liability for fraud.
10.2 If any of these terms are not enforceable for any reason, that part of the terms will be deleted and the rest of these terms will apply.
10.3 We will not be deemed to have waived any right under these terms unless the waiver is in writing and signed by us. A failure to exercise or delay in exercising any right by us under these terms will not operate as a waiver of that right. Any such waiver will not constitute a waiver of any subsequent or continuing right or of any other provision in these terms.
10.4 These terms, and any claims arising out of or in connection with it or its subject matter or formation (including non-contractual claims), will be governed by and construed in accordance with the laws of New Zealand and you and we irrevocably submit to the exclusive jurisdiction of the courts of New Zealand for any matter arising under or relating to these terms or its subject matter or formation or the relationships established by it (including non-contractual claims).