This page sets out the terms and conditions ("Terms and conditions") on which we, APP Station ("we", "us" or "APP Station"), provide our services through www.appstation.co.nz. Please read these terms and conditions carefully before ordering any products, as your use of the www.appstation.co.nz and purchase of any products offered on the www.appstation.co.nz is subject to these terms and Conditions.
APP Station will reserve the right to change these terms and conditions from time to time. We advise you to print a copy of these terms and conditions for future reference. Use of your personal information submitted via the www.appstation.co.nz is governed by our Privacy Policy
By accessing any part of the www.appstation.co.nz, you indicate that you accept these terms and conditions. If you do not accept these terms and conditions, you should leave the www.appstation.co.nz immediately, and you will not be able to order any products through the www.appstation.co.nz.
1.1 Thank you for visiting www.appstation.co.nz and/or ordering food and beverages from us. To ensure you fully understand the terms of sale please read these terms and conditions carefully.
2.1 In this agreement:
‘alcoholic beverages’ shall mean all alcoholic beverages ordered by you through the website.
“beverages” shall mean all beverages ordered by you from a liquor store through the website, including alcoholic beverages;
‘food’ shall mean all food and other goods ordered by you from a restaurant through the website or the application;
‘liquor store’ means the 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 service ordered by you through the website or via the application;
‘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;
‘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 APP Station 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. Notwithstanding anything else herein, where you are purchasing alcoholic beverages, you shall mean you personally and not any other person;
‘website’ means www.appstation.co.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.
3.1. Prices for individual menu items will be show on the www.appstation.co.nz in New Zealand dollars. Any online payment administration charge imposed by the Restaurant (if you pay for your Order online).
3.2. www.appstation.co.nz contains a large number of menus and it is possible that some of the menus may include incorrect prices. The products will be sold for the displayed price even if the correct price for an Order is higher than the price stated on the www.appstation.co.nz.
3.3. Payment for Orders must be made by an accepted credit card through the www.appstation.co.nz.
3.4. Once you have submitted an Order that you are paying for by credit card and your payment has been authorised, you will be charged the full amount of your Order. If your Order is subsequently rejected by the Restaurant or cancelled for any other reason, your bank or card issuer will refund the relevant amount. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Restaurant will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
4.1 Any user that registers with the website and/or sets up an account in the Website 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 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.
5.1 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.
6.1. Once you select the products you wish to order from the menu of your chosen Restaurant and provide other required information, It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so we will process your Order and errors cannot be corrected.
6.2. If a Restaurant has a minimum order amount, you may not place an order with that Restaurant until the value of your Order exceeds that amount. The minimum order amount must be met after applying any discounts or specials that reduce the total Order amount.
6.3. Once you submit your Order and your payment has been authorised, you will not be entitled to change or cancel your Order online. If you wish to change or cancel your Order, you may contact the restaurant directly.
6.4. Where any payment you make is not authorised, your Order will not be processed by or communicated to the relevant Restaurant.
6.5. On receipt of your Order, we will begin processing it by sending it to the relevant Restaurant and will notify you by email that your Order has been received and is being processed. Any confirmation page that you may see on the www.appstation.co.nz and any Order confirmation e- mail that you may receive each merely indicate that your Order has been received and is being processed by restaurant, and does not necessarily mean that your Order has been accepted by the Restaurant. Please check your order status time to time, the order status will be update by restaurant.
6.6. Estimated times for collections are provided by the Restaurants and are only estimates. Neither we nor the Restaurants guarantee that Orders will be available for collection within the estimated times. All food preparation are the sole responsibility of the Restaurant accepting the Order. To the extent permitted by law, APP Station accepts no liability associated with food preparation by the Restaurant accepting the order.
7.1. Customer support is important to us. Our Customer Support team will therefore try to assist you where possible if you have any problems with your Order. You can contact our Customer Support team by emailing. or by calling the telephone number shown under the www.appstation.co.nz.
7.2. If your Order is taking longer than expected or you have any other problems with your Order, in the first instance you should contact the Restaurant directly.
7.3. If you wish to change or cancel your Order after it has been submitted and payment has been authorised, you may contact the Restaurant directly.
7.4. If you are dissatisfied with the quality of any Products or the service provided by a Restaurant and wish to look a refund, a proportionate price reduction or any other compensation, you should contact the Restaurant directly to lodge your complaint and, where appropriate, follow the Restaurant's own complaint procedures. If you are unable to contact the Restaurant, or the Restaurant refuses to deal with your complaint, you can contact our Customer Support Team as described above within 48 hours of placing your Order and one of our Customer Support Advisers will attempt to contact the Restaurant in order to request compensation on your behalf. Please note that we have no control over Restaurants and the quality of the individual Products or service that they provide, and we not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Restaurant.
8.1 You are permitted to use the www.appstation.co.nz and print and download extracts from the www.appstation.co.nz for your own personal non-commercial.
8.2 You must not misuse the www.appstation.co.nz (including by hacking).
8.3 Unless otherwise stated, the copyright and other intellectual property rights in the www.appstation.co.nz and in material published on it (including without limitation photographs and graphical images) are owned by us or our client.
8.4 Any rights not expressly granted in these Terms and conditions are reserved.
9.1. We may make changes to the material on the www.appstation.co.nz, or to the Service, Products and prices described on it, at any time without notice.
9.2 Specials listed on the www.appstation.co.nz are subject to change. Restaurants may alter their specials at any time, including removing or changing the terms of any loyalty discount program. Loyalty credits earned through a loyalty discount program from a Restaurant are non- transferrable and are not redeemable for cash.
9.3. We try to accurately copy the item names, descriptions, prices, special offer information, heat and allergenic warnings and other information ("Menu Information") from the menus that are provided to us by Restaurants. However, it is the Restaurants that are responsible for providing this Menu Information and ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility. If you are in doubt about allergy warnings, contents of a dish or any other Menu Information, you should confirm with the Restaurant directly before ordering. Some of the pictures shown are indicative of the style of cuisine only and may not be an actual photo of the dish from the Restaurant.
9.4. The legal contract for the supply and purchase of Products is between you and the Restaurant that you place your Order with. We have no control over the actions or omissions of any Restaurants. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the www.appstation.co.nz:
9.5 We do not give any undertaking that the Products ordered from any Restaurant through the www.appstation.co.nz will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
9.6 Estimated times for pickup are provided by the Restaurants and are only estimates. Neither we nor the Restaurants guarantee that Orders will be available for collection within the estimated times.
9.7 Restaurants have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. We encourage all our Restaurants to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Restaurant rejects your Order.
9.8 The foregoing disclaimers do not affect your statutory rights against any Restaurant.
10.1.We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is incorporated into these Terms and conditions by this reference and is available here Privacy policy
10.2. If any of these Terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
10.3. These Terms and conditions and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
10.4. Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms and conditions will not be interpreted as a waiver of your or our rights or remedies.
10.5. You may not transfer any of your rights or obligations under these Terms and conditions without our prior written consent. We may transfer any of our rights or obligations under these Terms and conditions without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
10.6. The headings in these Terms and conditions are included for convenience only and shall not affect their interpretation.
11.1. These Terms and conditions shall be governed by and construed in accordance with the law of New Zealand. Disputes or claims arising in connection with these Terms and conditions (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of New Zealand.
12.1. Your information will enable us to provide you with access to the relevant parts of the www.appstation.co.nz and to supply the Service. It will also enable us to bill you and enable us and/or a Restaurant with whom you have placed an Order to contact you where necessary concerning the Service. For example, we and/or the Restaurant may use your information to provide you with status updates or other information regarding your Order by e-mail, telephone, mobile or mobile messaging (e.g. SMS, MMS etc.). We will also use and analyse the information we collect so that we can administer, support, improve and develop our business, for any other purpose whether statistical or analytical and to help us prevent fraud. Where appropriate, now and in the future you may have the ability to express your preferences around the use of your data as set out in this Privacy Policy and this may be exercised though your chosen method of using the Service, for example mobile, mobile applications or any representation of the www.appstation.co.nz.
12.2. We may use your information to contact you for your views on the Service and to notify you occasionally about important changes or developments to the www.appstation.co.nz or the Service.
12.3. Where you have indicated accordingly by giving your consent, you agree that we may use your information to let you know about our other products and services that may be of interest to you including services that may be the subject of direct marketing and we may contact you to do so by post, telephone, mobile messaging (e.g. SMS, MMS etc.) as well as by e-mail in accordance with the Spam Act and the Privacy Act.
12.4. Where you have indicated accordingly by giving your consent, you agree that we may also share information with third parties (including those in the food, drink, leisure, marketing and advertising sectors) to use your information in order to let you know about goods and services which may be of interest to you (by post, telephone, mobile messaging (e.g. SMS, MMS etc.) and/or e-mail) in accordance with the Spam Act and the Privacy Act. We may also disclose your information to help us analyse the information which we collect so that we can administer, support, improve and develop our business and services to you
12.5. You agree that we may disclose personal information which we collect from you to other companies that also hold information about you. We may also collect personal information from those other companies. We and/or those companies may combine the information in order to better understand your preferences and interests, thereby enabling them and us to serve you better.
12.6 If you do not want us to use your data in this way or change your mind about being contacted in the future, please let us know by using the contact details, by amending your profile accordingly or by using the opt-out facilities provided
13.1. The information you provide to us will be transferred to and stored on our servers which may be in or outside New Zealand, and may be accessed by or given to our staff working outside New Zealand and third parties including companies within the APP Station group of companies (which means our subsidiaries and affiliates, our ultimate holding company and its subsidiaries and affiliates) who act for us for the purposes set out in this policy or for other purposes notified to you from time to time in this policy.
13.2. The third parties with whom we share your information may undertake various activities such as processing credit card payments and providing support services for us. In addition, we may need to provide your information to any Restaurants that you have placed an Order with so as to allow the Restaurant to process your Order. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.
13.3. If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, our new business partners or owners or their advisors.
13.4. We may use the information that you provide to us if we are under a duty to disclose or share your information in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation; or in order to enforce the Terms and conditions and any other agreement; or to protect our rights or the rights of Restaurants or other third parties. This includes exchanging information with other companies and other organisations for the purposes of fraud protection and prevention.
14.1. We take steps to protect your information from unauthorised access, modification or disclosure and against misuse, interference, loss, destruction and damage. Once your information is no longer required for any purpose for which it may be used or disclosed by us, and we are not required by law to retain the information, we will destroy the information or ensure that it is de-identified.
14.2. Where you have registered an account with APP Station and chosen a password which allows you to access certain parts of the www.appstation.co.nz, you are responsible for keeping this password confidential. We advise you not to share your password with anyone. Unless we negligently disclose your password to a third party, we will not be liable for any unauthorised transactions entered into using your name and password.
14.3. All user details captured by APP Station are stored securely at all times and will never be provided to any unauthorised third parties. All credit card details are protected using SSL (Secure Socket Layer) encryption. Credit card details are handled by Windcave compliant providers of secure credit card processing solutions. APP Station will never save your actual credit card details. We will simply save a reference to your card, which is called a token. This token is provided to us by the payment provider. Saving the token means that for future credit card transactions we can give you the option to charge the same card you used previously without having to re-enter the card details. If, at any time, you wish the token to be removed please email us at info@appstation.co.nz and we will have these removed. In that case you would need to re-enter your card details on the next order.
14.4. However, the transmission of information via the internet is not completely secure. Although we will take reasonable steps to protect your information and make sure it is safe and secure and we use a number of physical, administrative, personnel and technical measures to protect your personal information, we cannot guarantee the security of your data transmitted to the www.appstation.co.nz; any transmission is at your own risk. For the avoidance of doubt, APP Station will not in any circumstances be liable to you, or third parties, for loss or damage arising from credit card fraud or identity theft.