Table of Contents
1. Introduction
Welcome to Burger One. These Terms of Service ("Terms") govern your use of the Burger One website (the "Website") and the services offered by Burger One ("we", "our", or "us"). By accessing or using our Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Website or services.
These Terms constitute a legally binding agreement between you and Burger One in accordance with New Zealand law.
2. Use of the Website
You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Website. Prohibited behavior includes harassing or causing distress to other users, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the Website.
Security Notice
You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored, or any server, computer, or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
3. Intellectual Property
All content on this Website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Burger One or its content suppliers and is protected by New Zealand and international copyright laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without our prior written consent.
4. User Accounts
When you create an account with us, you must provide accurate, complete, and current information. You are responsible for safeguarding the password that you use to access the Website and for any activities or actions under your password.
We reserve the right to disable any user account at any time if, in our opinion, you have failed to comply with any of the provisions of these Terms.
5. Orders and Payments
By placing an order through our Website, you are offering to purchase a product. All orders are subject to acceptance and availability. We reserve the right to refuse any order you place with us.
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the service without notice at any time.
Payment for all orders must be made by credit or debit card or other payment methods we make available. By submitting your payment information, you authorize us to charge your payment method for the total amount of your order.
6. Delivery
We will make every effort to deliver your order within the estimated timeframes; however, delays are occasionally inevitable due to unforeseen factors. Burger One shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control.
7. Refunds and Returns
If you are dissatisfied with your order for any reason, please contact us immediately. We will address your concerns on a case-by-case basis in accordance with New Zealand Consumer Guarantees Act 1993.
In the event of an error in your order, please contact us as soon as possible, and we will make reasonable efforts to rectify the situation.
8. Limitation of Liability
To the maximum extent permitted by law, Burger One shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
- Your use or inability to use the Website or services;
- Any unauthorized access to or use of our servers and/or any personal information stored therein;
- Any interruption or cessation of transmission to or from the Website;
- Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Website by any third party.
Important Legal Notice
Nothing in these Terms shall limit or exclude our liability for death or personal injury resulting from our negligence or for any other matter in respect of which it would be unlawful for us to exclude or restrict liability.
9. Indemnification
You agree to defend, indemnify, and hold harmless Burger One, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Website or services, or your violation of these Terms.
10. Third-Party Links
Our Website may contain links to third-party websites or services that are not owned or controlled by Burger One. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Burger One shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
11. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
13. Contact Us
If you have any questions about these Terms, please contact us at:
info@burgerone.nz