Terms of Use

1. Introduction

 

1.1 These Terms of Use (Terms) are here to ensure you understand your rights and obligations when you access, view and use our website (located at www.one2scan.com and app.one2scan.com) which are operated by One 2 Scan Limited (9263185) and its associated entities (together, “One 2 Scan” “One2scan”, “we”, “us”).

 

1.2 Any reference in these Terms to “you” or “your” or “Customer” means any person accessing, viewing, or using the Website and/or Services.

 

1.3 By accessing, viewing, and using the Services and/or Website or otherwise dealing with One 2 Scan, you agree to accept and be bound by these Terms and the One 2 Scan Privacy Policy located at https://www.One 2 Scan.com/privacy-policy. If you do not agree to these Terms, then you must cease using the Services or the Website.

 

1.4 One 2 Scan may update and/or modify these Terms at any time without notice and at its sole discretion. Any updated terms will take effect from the date that they are published on the website. By continuing to use the Website and/or Services, you will be deemed to have accepted these Terms as amended.

 

1.5 One 2 Scan reserves its rights to investigate and take appropriate legal action for any Illegal and/or unauthorised use of the Services, the Website or breach of these Terms.

 

2. Using our Services and Website

 

2.1 To use the Services, you acknowledge and agree that you may need to provide One 2 Scan with information that could personally identify you and that One 2 Scan may collect your location. All information collected will be dealt with in accordance with our Privacy Policy.

 

2.2 By using the Services you consent to One 2 Scan sending you electronic messages to your mobile number and email address. We will only send you messages related to your Order.

 

2.3 You agree that placing Orders using the Services is subject to you making full payment for the Products in accordance with clause 3.

 

2.4 If you purchase Products that are alcoholic beverages, or by law require you to be over the age of 18 years for consumption, you warrant that you are over the age of 18 years. No refunds will be issued for alcohol ordered by or for persons aged under 18 years.

 

2.5 You agree that it is the responsibility of the Venue to comply with all laws in relation to the service of alcohol including responsible service of alcohol, ensuring the Venue holds a valid alcohol licence and ensuring that the Customer is over the age of 18 years before serving the Customer alcohol.

 

2.6 You acknowledge that One 2 Scan does not guarantee that Products will be delivered or available for pick-up within a certain time frame or that the Products are of a certain quality.

 

2.7 You acknowledge that One 2 Scan acts only as an intermediary between the Customer and the Venue and is not liable if the Venue does not stock or make the Products available or refuses to accept your Order.

 

3. Our payment terms

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3.1 You agree that you will pay for all Products that you Order from a Venue in accordance with these payment terms and that you will pay the purchase price as displayed on the Website.

 

3.2 One 2 Scan warrants that it has the right to collect payments for Products that you Order using our Services on behalf of Venues. When you pay the purchase price using our Services, you discharge your obligations to pay the Venue directly for the Products that you Order.

 

3.3 You acknowledge and agree that all purchase prices specified, and payments collected will be inclusive of all applicable taxes where required by law.

 

3.4 You acknowledge that One 2 Scan will not place your Order with the Venue until you have made full payment of the Products through our Website.

 

3.5 You acknowledge that the purchase price or availability of the Product as displayed on the Services and Website may differ from time to time to the purchase price of the Product advertised at the Venue.

 

3.6 You acknowledge that One 2 Scan uses third party payment processors including but not limited to Stripe or Pin Payment (Payment Processors). You agree that you will pay in addition to the purchase price of the Product, any additional fees charged by the Payment Processors.

 

3.7 The processing of payments or credit cards are subject to the terms, conditions and privacy policies of your credit card issuer and the Payment Processors in addition to these Terms. The terms and conditions and privacy policies for the Payment Processors can be accessed at their websites. One 2 Scan is not responsible for any errors by the Payment Processor or credit card issuer.

 

3.8 You warrant that you are the authorised user of any payment method that you use in connection with the Services and the Website, and you acknowledge that One 2 Scan is not liable for any unauthorised use of any payment method.

 

3.9 You agree that if you submit an Order with One 2 Scan, subject to clause 6.4 and the Venue’s refund policy, you are not entitled to change or cancel your Order once it has been placed and you will not be entitled to a refund.

 

3.10 You agree that Venues have the sole discretion to reject or refuse your Order at any time. If your Order is rejected or cancelled by the Venue, you will receive a refund in accordance with the Venue’s refund policy.

 

4. Our content and access

 

4.1 One 2 Scan makes all reasonable endeavours to ensure that the information about Menus and Products available on the Website are accurate and correct. One 2 Scan does not guarantee that any of the content displayed on its Website including all information, photos, ingredients, descriptions of a Product or the Menu of the Venue are accurate and One 2 Scan is not liable for any errors in representation.

 

4.2 You acknowledge and accept that the Services and the Website will, from time to time, change without notice to you.

 

4.3 You are responsible for all of your activity in connection with accessing the website and you agree not to attempt to change, add to, remove, deface, hack or otherwise interfere with the Services, Website, accounts, system resources, servers or networks connected to or accessible through this website or linked websites unless permitted by us in writing.

 

4.4 You warrant that you will not use any robot, spider, other automatic device or manual process to monitor, copy or extract any web pages on the Website, or any of the content, without our express prior written consent.

 

4.5 You must not attempt to obtain unauthorised access to this Website or parts of this Website that are not opened to public access.

 

4.6 You warrant that you will not hide, deface, alter or delete any copyright symbol, trademark or other proprietary rights notice.

 

4.7 We do not guarantee that your access to the Services and/or the Website will be uninterrupted or that the Services and/or the Website is free from viruses or any other malware which may damage any device or data as a result of access to the Services or Website.

 

4.8 You agree that One 2 Scan may conduct maintenance of the Services or Website at any time and that this maintenance may interrupt your access to the Services or Website.

 

4.9 We reserve our rights to suspend or terminate your access to the Service or Website at our sole discretion where there are reasonable grounds that you have or may breach these Terms.

 

5. Intellectual Property

 

5.1 All material displayed on the Service and the Website, including but not limited to all information, photographs, graphics, illustrations, artwork, names, logos, trademarks, copywriting and design features (One 2 Scan Intellectual Property) are licenced to or owned by One 2 Scan and are protected by copyright, trademark and other intellectual property laws.

 

5.2 You agree not to copy, imitate, reproduce, reverse engineer, sell, retransmit, distribute, disseminate, publish, broadcast or circulate any One 2 Scan Intellectual Property for any commercial purpose to any third party in whole or in part without our express prior written consent

 

5.3 You acknowledge that if you do copy, imitate, reproduce, reverse engineer, sell, retransmit, distribute, disseminate, publish, broadcast or circulate any One 2 Scan Intellectual Property, we will suffer loss, damage and reputational harm and you agree to indemnify us for any such loss, damage and reputational harm.

 

5.4 We do not grant any licence or right in, or assign all or part of the rights of the One 2 Scan Intellectual Property to you.

 

5.5 The Website may contain links to other websites operated, controlled or produced by third parties including Venues. One 2 Scan does not control, endorse, sponsor or approve of any third party website or its content and does not provide any warranty or take on any responsibility whatsoever in relation to your access and use of third party websites. We advise you to check their privacy policy and terms and conditions before using their services.

 

5.6 You warrant that you will not infringe the Intellectual Property Rights of One 2 Scan or any third party relating to your use of the Services or the Website.

 

6. Limitation of Liability

 

6.1 One 2 Scan disclaims all liability for any loss or damage of any kind arising out of or in connection with the Services and the Website content and your use or performance of the Website and Services to a maximum extent permitted by law including without limitation and liability relating to: consumption of alcohol by minors; your consumption of Products that may result in allergic reactions; or any representation of the ingredients contained in products.

 

6.2 You are responsible to contact us directly to ensure that any material or information on the Website that you seek to rely on is accurate and current. One 2 Scan disclaims all liability for any direct or indirect loss or damage arising from your use or reliance on the Services or Website to the full extent permitted by law.

 

6.3 Notwithstanding the above, to the maximum extent as permitted by law, you agree that One 2 Scan’s aggregate liability shall not exceed the total purchase price of your Order.

 

6.4 Services supplied to you by One 2 Scan come with guarantees that cannot be excluded under the New Zealand Consumer Law. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the New Zealand Consumer Law and other laws which cannot be modified or excluded.

 

6.5 Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law (Warranty), any liability imposed upon One 2 Scan relating to a breach of Warranty will at its option be limited to a refund of the price of the Order.

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7. Indemnification

 

7.1 You agree that your use of the Services and the Website are at your own risk and agree that you will not seek to hold us accountable for any loss or damage that you or any third party may suffer as a result of your use of the Services and/or Website.

 

7.2 To the fullest extent of the law, you agree to indemnify us from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including legal fees) arising out of or in any way related to your breach of any of the provisions of these Terms and/or your use of the Services and Website.

 

8. Severability

 

8.1 If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

 

9. Assignment

 

9.1 We are permitted to assign, transfer, and subcontract our rights and/or obligations under these Terms without any notification or consent to you. You are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

 

10. Governing Law & Jurisdiction

 

10.1 These Terms will be governed by and construed in accordance with the laws of New Zealand, and you submit to the exclusive jurisdiction of the courts of New Zealand for the resolution of any disputes.