Frequently asked questions

General Enquiries

We listed high-quality and popular restaurants in your area. This can range from a top neighborhood Italian restaurants to well-regarded national burger chain.
In order to control the food quality, we only deliver foods from the restaurants near you. We are rapidly expanding throughout the country and will hopefully be working with restaurants near you soon!
We charge $6 delivery fee for one restaurant chosen. If you order from two restaurants, you will be charged double for the delivery fee.
We provide the same prices menu for the partnered restaurants and it can be distinguished from restaurant logo. In order to provide more optional restaurants for customers, we will offer different price for the non-partnered restaurants for offsetting our admin cost and transaction cost.
Yes, of course! You can schedule orders for up to one day in advance and choose any delivery time from midday onwards that suits you best.
Unfortunately we don’t currently offer collection, however this is something we would like to offer in the future.

Payments

To see a record of your past orders, log in to your user account and click on “Order History.” A list of your previous orders is stored here.
We accept Visa, MasterCard, payment express and Direct banking. For your security, our card processor tokenizes the card number for every transaction and does not store it. All transactions are made electronically through our website so you are not required to pay in cash.
Security is one of our top priorities. We use industry standard encryption protocols to ensure your data is safe.
Ninja point is designed to thank customers support. You'll will get 1 Ninja Point reward for every $20 you spend! 1 Ninja Point is equivalent to $1. Signup now to save more.

How it works

Learn how to place an order from the website and how to add any special instructions courier may need.

Add items to your cart

To get started, enter your address to see restaurants available in your area. This is available towards the middle the screen.

Then click on a restaurant photo to browse through their menu items. Fill your shopping cart by clicking on the menu item image and then clicking "add to cart" in the popup window. When you're ready to check out, click the shopping bag icon in the upper right-hand corner of the page.

Add special instructions for the driver or restaurant

You can provide specific delivery instructions for your address (cross streets, driving instructions, buzzer #, etc.) during the final checkout screen . Please contact us if you have placed an order and need to add or edit your delivery instructions.

Place your order

Ready to order? To check out, Please choose the payment method and click the shopping bag at the top right of your screen and proceed to the checkout page. Your information will be automatically saved and your account will be created.

Please note: You will not be able to click the “go to checkout” button until click the “terms and conditions”.

You can modify items in your cart before you've placed your order. Start by clicking on the shopping bag icon in the upper right-hand side of the page to view your cart. Choose the item you would like to edit . You can also remove items from your cart by clicking the "-" icon to the right of the listed item.

If you've already placed your order, you'll need to contact us to modify it.

Scheduled Delivery

We offer same-day scheduling and scheduling for deliveries up to 1 day in advance. You can select a delivery window on the top of page, using the drop-down menus for deliver time .

Make sure you click the "Confirm" button to lock in the new time.

ASAP Delivery

ASAP Delivery allows you to place an order for immediate delivery. When you select ASAP Delivery, you’ll get an estimated delivery time. The wait time for orders is dependent on a combination of factors including: current order volume, current restaurant volume, the number of active couriers available, traffic/weather delays, and overall distance. The latest potential delivery time will be shown on checkout page.
If you need to change the time of delivery on your order, you will need to contact us immediately and we will notify the courier and/or restaurant of your change as soon as possible. At times, meals cannot be re-scheduled if the order has been prepared or is out for delivery. During peak hours, expediting an order is dependent on the order size, restaurant, and current volume. Please note, if we rush your order, we cannot guarantee a specific delivery time. However, we'll always do our best.

Pricing

We recently introduced a minimum on all orders through Foodninja. It takes considerable amount of time and effort for our restaurant partners and couriers to deliver orders and we believe the minimum makes the order worth the effort.
Menu prices are set at the discretion of restaurant management. We do our best to ensure our online prices are the same as they are in-store for our partner restaurants. For un-partners restaurants, we will mark up their price for our management cost and delivery cost.

Privacy

Food Ninja is committed to ensuring the privacy and security of all information collected from our Users. In accordance with the Privacy Act 1993 (“the Act”), this Privacy Policy explains how your Personal Information is gathered by Food Ninja, how that information is used and stored, when it may be disclosed and the choices you can make about the way the information you provide to us is used.

“Personal Information” means the same as it does in the Act (which is: information about an identifiable individual). This Policy should be read together with our Website Terms and Conditions, and terms which have capital letters in this Privacy Policy but aren't defined here carry the same meaning as in the Terms and Conditions.

We reserve the right to unilaterally amend this Policy at any time by posting the amended terms on this Website, without notice to you. Please check back periodically for updates and additions.

By ordering any Food and Beverage Products through this Website, by phone, or by our mobile applications, you authorise us to use, store or otherwise process your Personal Information in accordance with this Policy, as amended from time to time.

When you order Food and Beverage Products through the Food Ninja Website, we will collect and save Personal Information from the online form about you in order to enable us to deliver our Services. This information includes, but is not limited to, details such as your name, your contact details, your delivery address, your payment details, your requirements and relevant booking information.

Food Ninja also collects information relating to your use of the Website and the Services, such as the orders you make through the Website.

Users who log in have their IP addresses recorded. This information will only be provided to legal authorities in cases of suspected fraud or for law enforcement purposes. This information is stored securely and will not be provided to other members or non-authorised parties.

If you choose to leave a review for other Users, we will collect that information as provided by you and this may be displayed on the Website.

If you send us personal correspondence, such as emails or letters, or if a Participating Restaurant sends us correspondence about your activities in relation to the Services, we may collect such information into a file specific to you.

The information you supply to us through the Website is used by us and the Participating Restaurant you are ordering from to process and arrange delivery of your order. User data relating to orders placed through the Website will also be used to give you a more personalised experience with Food Ninja, by collecting information about your ordering preferences and any dietary requirements and suggesting possible ordering options.

Food Ninja also uses the information we collect to verify your identity, to enforce or apply our Terms and Conditions, to protect the rights, property, or safety of Food Ninja, our Users, or others, for internal research purposes, for promoting other Services and/or Food and Beverage Products to you, for credit control purposes, and for any other use that you authorise.

As a User, you may occasionally receive emails or SMS updates from us about new products or services being offered by Food Ninja, along with newsletters and any noteworthy changes to the Website. You may always unsubscribe and opt out from receiving these messages. Like most websites, there is certain information we automatically track, including the URL that you just came from, the browser you are using and your IP address. This data is utilised to improve the services of Food Ninja and does not include any personally identifying information.

Credit card details

Food Ninja does not retain credit card details on the Website, and has no access to any credit/debit cards used by clients which are processed by PaymentExpress, PayPal or POLi. PaymentExpress, PayPal or POLi may collect and store client card and payment information for the purpose of processing transactions. PaymentExpress, PayPal and POLi’s privacy policies are available on their website (www.paypal.com.nz, www.polipay.co.nz, and https://www.paymentexpress.com).

To ensure that purchasing online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct security checks to confirm it is you placing the order.

If Food Ninja allows payment by credit card over the phone, your details will be destroyed once the payment has been processed.

Data security

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your Personal Information, your order and your payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

We may disclose your Personal Information to:

  • Participating Restaurants and their employees, contractors or agents, for the purpose of preparing your order;
  • Our delivery drivers, who are independent contractors of Food Ninja;
  • Our employees, contractors or external service providers for the operation of our Website or our business, fulfilling requests by you, and otherwise providing products and services to you, including, without limitation, web hosting providers, IT systems administrators, payment processors, electronic network administrators, debt collectors, and professional advisers such as accountants, solicitors, business advisors and consultants;
  • Our existing or potential agents, business partners or joint venture entities or partners;
  • Specific third parties authorised by you to receive information held by us;
  • The police, any relevant authority or enforcement body, or your Internet Service Provider or network administrator, for example, if we have reason to suspect that you have committed a breach of any of our Terms and Conditions, or have otherwise been engaged in any unlawful activity, and we reasonably believe that disclosure is necessary;

as required or permitted by any law (including the Act).

We may disclose your Personal Information to entities located outside of New Zealand, including our website/data hosting and Cloud-based IT service providers, for some of the purposes listed above. We also use third party software (such as customer relationship management and accounting software) that holds your information, sometimes overseas. We take reasonable steps to ensure that the overseas recipients of your Personal Information do not breach the privacy obligations relating to your Personal Information.

Otherwise, we release Personal Information only when we believe release is appropriate for legal compliance and law enforcement (including to government agencies with statutory law enforcement responsibilities); to facilitate court proceedings; enforce or apply our Terms and Conditions; or protect the rights, property, or safety of Food Ninja, our Users, or others. Government agencies with statutory roles enabling them to request data from us include but are not restricted to the Police, Inland Revenue and the Ministry of Business, Innovation and Employment.

We may, from time to time, use "cookies" to store your preferences, record session information and collect information on how you visit and access our Website. We collect information on the Web pages visited by our customers in order to help us to continue improving our services.

"Cookies" are pieces of information that our Web page transfers to your computer's hard disk for record-keeping purposes. Cookies can make the web more useful by storing information about your preferences on a particular site. The use of cookies is an industry standard and many websites use them to provide useful features for you. Cookies in and of themselves do not personally identify you, only your computer.

Food Ninja uses Google Analytics to better understand the behaviour of visitors to our website, and to improve our website. For example, it helps us to identify how many users visit a particular page, and how many take a further step, such as ordering Food and Beverage Products. We have opted out of Google Analytics' data sharing settings. For more information, view Google Analytics' information on safeguarding your data.

We at Food Ninja work hard to provide our clients with the best possible service at all times. From time to time, we will send our members newsletters, updates and other useful information. We hope that you will find these items informative and useful. However, should you choose to not receive them in the future, you will have the ability to unsubscribe from the mail database by following the Unsubscribe instructions at the bottom of each email.

You are entitled to request a copy of the Personal Information we hold on you. Please contact us if you wish to request this information, or have any concerns or queries about the Privacy Policy, through the Contact Us section of our website. The Act also gives you the right to correct your Personal Information. Contact us if you wish to access or update your Personal Information, including changing your email address, password, phone number, address etc. When you update your details Food Ninja will store your old details to ensure compliance with our Terms and Conditions - specifically the use of one account per User.

If you wish to close your account and delete any Personal Information you have submitted to us, please contact us to make that request. We consider each request for deletion on a case by case basis taking into account our legal obligations to retain certain information.

Terms and Conditions

Please read the terms and conditions ("Terms and Conditions") set out below carefully before ordering any Food and Beverage Products from this Website. We reserve the right to unilaterally amend these Terms and Conditions at any time by posting the amended terms on this Website, without notice to you. Please check back periodically for updates and additions. By ordering any Food and Beverage Products through this Website, by phone, or by our mobile applications you agree to be bound by these Terms and Conditions, as amended from time to time.

Where applicable, these Terms and Conditions form part of the contract with a Participating Restaurant for the supply of Food and Beverage Products.

1.1 "Agreement" is a reference to these Terms and Conditions, the Privacy Policy, any order form and payment instructions provided to you;

1.2 “Event of Force Majeure” means any war, civil disorder, act of government, fire, earthquake, act of God or other factor beyond the reasonable control of either party;

1.3 "Food and Beverage Products" is a reference to any food and/or beverage products which we may offer for sale through our Website from time to time;

1.4 "Participating Restaurant" means any restaurant who lists Food and Beverage Products on the Website;

1.5 "Privacy Policy" means the policy displayed on our Website which details how we collect and store your personal data;

1.6 “User” means a person who registers with the Website, who is bound by these Terms and Conditions;

1.7 "You", "your" and "yours" are references to you the person accessing this Website and ordering any Food and Beverage Products from the Website or from any other channel provided by Food Ninja;

1.8 "We", "us", "our", and "Food Ninja" are references to Food Ninja Limited, and includes its agents, employees, and subcontractors as the context requires; and

1.9 "Website" is a reference to our Website http://www.foodninja.nz or our mobile applications on which we offer our Goods or Services.

2.1.1 Food Ninja provides, as an intermediary service, an online platform for:

(i) Participating Restaurants to advertise and market Food and Beverage products; and

(ii) Customers to place orders for the Food and Beverage Products for the price listed on the Website, which Food Ninja communicates to the Participating Restaurants.

2.1.2Food Ninja is appointed by each Participating Restaurant to act as agent in order to arrange the delivery of Food and Beverage Products to the address provided by you. Food Ninja engages subcontractors or employees to deliver the Food and Beverage Products.

2.2 Food Ninja is not the retailer of any products offered by Restaurants.

3.1 By using the Website and/or the Services, you warrant that:

(a) All registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information;

(b) You are above the age of 13 and, if you are under the age of 18, have received the permission of your parents or legal guardian to use the Website and the Services; and

(c) Your use of the Website and Services does not violate any applicable law.

3.2 Food Ninja resolves the right to cancel the User registration of and/or refuse orders of Food and Beverage Products to anyone who does not comply with the above warranties, or who otherwise breaches these Terms and Conditions.

4.1 To make an order through the Website you must either register as a User or enter your contact details in the form fields provided when you place an order. To register as a User, you must complete the registration form on the Website.

4.2 You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.

4.3 If you register as a User, you will also be required to provide a password upon registration. You warrant that you will keep this password secure and not provide it to a third party.

4.4 We reserve the right to not accept your registration or terminate your registration as a User at any time.

4.5 You must notify us of any change to your registration details.

4.6 Should you no longer wish to be a User, you may close your account by contacting us Ninjasupport@fooninja.nz

4.7 Food and Beverage Products purchased from this Website are intended for your use only and you warrant that any Food and Beverage Products purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.

4.8 At present, the Services are only available to customers in certain regions of New Zealand as displayed on the Website.

4.9 You may specify a suitable delivery time when your place an order through the Website.

4.10 Any order that you place with us is subject to product availability, delivery capacity and acceptance by us and the Participating Restaurant. When you place your order online, we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. You must inform us immediately if any details are incorrect. The fact that you receive an automatic confirmation does not necessarily mean that either we or the Participating Restaurant will be able to fill your order. Once we have sent the confirmation email we will check availability and delivery capacity.

4.11 If the ordered Food and Beverage Products and delivery capacity is available, the Participating Restaurant will accept the order and confirm this with Food Ninja. The contract for the supply (including delivery) of Food and Beverage Products will be confirmed to you by text message (SMS).

4.12 The confirmation message will specify delivery details, including the approximate delivery time specified by the Participating Restaurant, and confirm the total price of the delivery and the Food and Beverage Products ordered.

4.13 If none of the Food and Beverage Products you have ordered are available or if there is no capacity to deliver the order either within a reasonable time or, if you had specified a delivery time, at your specified delivery time, we will also endeavour to let you know by text message (SMS) or phone call (see clause 8.6 below).

5.1 The price for each Food and Beverage Product on the Website is located next to the item. You acknowledge that the price may change at any time. All prices on our Website online food ordering form are in New Zealand dollars and inclusive of GST.

5.2 A delivery charge will be added to each order in addition to the price of the Food and Beverage Products (“Delivery Charge”), which is calculated via the Website based on your location. You are responsible for ensuring that your location is recorded accurately by the Website, and we do not accept responsibility for any such erroneous information.

5.3 The total price for the Food and Beverage Products ordered and Delivery Charge(s) (“Total Price”), will be displayed on the Website when you place your order. You must pay the Total Price before your order is delivered. Failure to pay will result in the cancellation of your order.

5.4 When you place an order through the Website, you will be given a choice of payment via PaymentExpress®, PayPal® or POLi® (third party transaction gateways). “Food Ninja” will be the name that appears on the PaymentExpress, PayPal or POLi statement, as applicable. As set out above, however, Food Ninja is not the seller of any of the Food and Beverage Products, and these gateways are not operated by Food Ninja. Processing of payments is subject to the additional terms of PaymentExpress, PayPal or POLi, as the case may be.

5.5 By making a purchase through PaymentExpress, PayPal or POLi, clients authorise PaymentExpress, PayPal or POLi to charge the account specified for the Total Price. PaymentExpress, PayPal or POLi (as the case may be) may contact clients in respect of payments made or attempted to be made via their gateway.

5.6 In some circumstances, such as where the Website is unable to process payments, Food Ninja may allow payment by other means such as cash or credit card payment over the phone, at its discretion. If you are unable to pay for your order via the Website, please contact us to discuss your options.

5.7 All sums paid by you under these Terms and Conditions shall be made in full without deduction or setoff.

5.8 You acknowledge that the prices of Food and Beverage Products, Delivery Charges and any other charges set out on our Website may change at any time.

6.1 Purchases made through the Website entitle all Users to earn Food Ninja points in accordance with these Terms and Conditions. Food Ninja points are non-transferrable and non-assignable and have no cash value.

6.2 Users earn 1 reward points for every $20 dollars they spend. Each reward point is worth $1 when redeemed. These rates may change without prior notice.

6.3 A record of all Food Ninja points earned and redeemed will be kept in the User’s account on the Website. Food Ninja points cannot be earned on purchases paid for by the redemption of existing Food Ninja points.

6.4 Food Ninja points can be redeemed on purchases of Food and Beverage Products through the Website.

6.5 If Food Ninja points are added to a User’s account in error or fraudulently, Food Ninja may deduct those points. If Food Ninja points were earned on a transaction that was later cancelled, refunded or voided, Food Ninja may deduct those points. Food Ninja points may automatically expire after 45 days if a User’s account has not been active during that time. Once expired, they will be deducted from the User’s Food Ninja points balance.

6.6 If you use a voucher at checkout the following terms are applicable:

(a) Vouchers can only be redeemed through the Website;

(b) Vouchers are available only at restaurants that display 'Vouchers Accepted' on the Website;

(c) Vouchers must be used before their expiry date;

(d) Vouchers can only be used in full (which means that no change is given from a purchase made using a voucher);

(e) Voucher codes must be entered at the end of the payment process; and

(f) The final amount owing after the voucher has been applied will be shown on the payment screen.

6.7 Vouchers are non-transferrable and non-assignable and have no cash value.

6.8 Any specific voucher conditions will be attached to the voucher itself. This may include, without limitation, that the voucher is specific to a particular restaurant, location and/or person. Food Ninja reserves the right to charge the value of the voucher to your allotted credit card if we determine that the voucher was redeemed contrary to these Terms and Conditions or the conditions specified on the voucher.

7.1 Delivery periods provided at the time of ordering are approximate only and may vary. Any order tracking information provided to Users through the Website is also approximate only. Goods will be delivered to the address designated by you at the time of ordering.

7.2 Food Ninja engages subcontractors or employees to deliver Food and Beverage Products.

7.3 If your order is not delivered within the estimated delivery time provided by us, please contact Food Ninja first. You may contact us by telephone or email and we will try to ensure that you receive your order as quickly as possible.

7.4 We and the Participating Restaurants, who will prepare your order, aim:

(a) To deliver the product to you at the place of delivery specified by you in your order;

(b) To deliver within the estimated delivery time; and

(c) To inform you if we expect that we will be unable to meet the estimated delivery time.

7.5 However, in case of a late or mis-delivery, the Delivery Charge will only be refunded by Food Ninja in accordance with the “Refunds and Cancellations” section below. Food Ninja shall not be otherwise liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or mis-delivery or for any inaccurate order tracking information provided through the Website.

7.6 All risk in relation to the Food and Beverage Products shall pass to you upon delivery.

7.7 You are solely responsible for verifying the accuracy of delivery addresses, and Food Ninja shall have no liability or responsibility for any such erroneous address.

7.8 Subject to the “Refunds and Cancellations” section below, if you fail to accept delivery of Food and Beverage Products at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate instructions, or authorisations, then such Food and Beverage Products shall be deemed to have been delivered to you and all risk and responsibility in relation to such Food and Beverage Products shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver shall be your responsibility and you shall indemnify us in full for such cost.

7.9 You must ensure that, at the time of delivery of Food and Beverage Products, adequate arrangements, including access where necessary, are in place for the safe delivery of such Food and Beverage Products. We cannot be held liable for any damage, cost or expense incurred to such Food and Beverage Products or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.

7.10 Please note that it might not be possible for us to deliver to some locations. If this is the case, we or the Participating Restaurant will endeavour to inform you using the contact details that you provide to us when you make your order, and arrange for cancellation of the order or delivery to an alternative delivery address (see clause 8.6 below).

8.1 Food Ninja takes customer service very seriously. Our customer service team will use all reasonable endeavours to resolve any issues arising from the submission of orders via our Website including the processing of refunds as per clause 8.7 below. However, as set out under the “Limitation of Liability” below, Food Ninja is not responsible for the quality of the Food and Beverage Products provided by the restaurant. If you have any problems with your order, we ask that you contact the Participating Restaurant directly, but, if you have not been able to resolve your issue with the Participating Restaurant to your satisfaction, please contact Food Ninja and we will try to assist you (see “Complaints” below). If Food Ninja has not yet paid the proceeds of your order to a Participating Restaurant and the Participating Restaurant authorises Food Ninja to do so, Food Ninja may provide a full or partial refund.

8.2 If Food Ninja accepts responsibility for an error with your order, Food Ninja will provide a full or partial refund. Food Ninja will also provide a full or partial refund if required to do so by New Zealand consumer law.

8.3 In the unlikely event that the Participating Restaurant delivers an incorrect order, you have the right to reject the delivery of the incorrect item. Please contact the Participating Restaurant directly in this case, as Food Ninja is not responsible for delivery of an incorrect order (see “Limitation of Liability” below). If Food Ninja has not yet paid the proceeds of your order to a Participating Restaurant and the Participating Restaurant authorises Food Ninja to do so, Food Ninja may provide a full or partial refund.

8.4 If the Participating Restaurant can only do a partial delivery (if, for example, products are unavailable), its staff or Food Ninja will endeavour to inform you and may propose a replacement. Some replacement items may incur an additional charge. In any case, the Participating Restaurant shall offer you a full or partial refund.

8.5 You must notify the Participating Restaurant immediately if you decide to cancel your order, preferably by phone, and quote your order number. If the Participating Restaurant accepts your cancellation and the cancellation is made at least one hour before the estimated delivery time, no cancellation fee applies. If the Participating Restaurant refuses cancellation, for example because the Food and Beverage Products have already been dispatched, or the cancellation is made within one hour of the estimated delivery time, your order will not be cancelled. We will only be able to refund an order which is made at least one hour before the estimated delivery time, and where the Participating Restaurant has agreed to cancellation.

8.6 Despite 8.5 above, we may cancel an order if:

(a) A Food and Beverage Product is not available for any reason (as per clause 4.13); or

(b) There is no capacity to deliver your order either within a reasonable time or, if you had specified a delivery time, at your specified delivery time (as per clause 4.13); or

(c) We are unable to deliver to your location, and you are unable to provide a suitable alternative location (as per clause 7.10); or

(d) The Participating Restaurant can only do a partial delivery and you elect to receive a full refund (as per clause 8.4); or

(e) An order is not produced by the Participating Restaurant within 30 minutes of Food Ninja having communicated the order to the Participating Restaurant, or, if you had specified a delivery time, within 30 minutes of your specified delivery time.

We will endeavour to notify you if this is the case and will return any payment that you have made.

8.7 Food Ninja reserves the right to process a refund to your debit or credit card if payment is made online to Food Ninja. A refund may include any delivery charges paid. The refund shall be processed through PayPal or Internet Banking where appropriate. Food Ninja does not accept any responsibility for any delays in PayPal, a bank, or other third party, processing any such refunds.

9.1 Where we have requested information from you to provide Food and Beverage Products or Services you agree to provide us with accurate and complete information.

9.2 You must not use or launch any automated system or program in connection with our Website or its online ordering functionality.

9.3 You must not collect or harvest any personally identifiable information from this Website, use communication systems provided by the Website for any commercial solicitation purposes, solicit for any reason whatsoever any Users of the Website with respect to their submissions to the Website, publish or distribute any vouchers or codes in connection with the Website, or scrape or hack the Website.

10.1 There may be a number of links on our Website to third party websites which we believe may be of interest to you. We do not represent the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party websites or the Services or goods that they may provide to you.

11.1 We take complaints very seriously and aim to respond to your complaints within five business days. All complaints should be addressed to support@foodninja.co.nz

12.1 The Participating Restaurants are solely responsible for preparing and packaging all Food and Beverage Products ordered through the Website, and updating their menu and menu prices. Each Participating Restaurant is solely liable for the quality and freshness of its products, and Food Ninja does not verify the credentials, representations, products or prices offered by the Participating Restaurants, and does not guarantee the quality of the product, or that any Participating Restaurant or Food and Beverage Product complies with applicable laws. Food Ninja is unable to check orders of Food and Beverage Products produced by Participating Restaurants for food safety reasons.

12.2 Food Ninja shall not be liable or responsible for any Food and Beverage Product or service provided by Participating Restaurants, or any information provided through the Website, that is a cause of injury or that is unacceptable to or does not meet your expectations in any manner.

12.3 We reserve the right to alter the Food and Beverage Products available for sale on the Website and to stop listing Participating Restaurants and/or Food and Beverage Products.

12.4 The Website is owned and operated by Food Ninja, and is currently hosted in Australia. Food Ninja reserves the right to modify or discontinue, temporarily or permanently, and at any time, the Website and/or the Services (or any part thereof) with or without notice. We accept no responsibility for any loss arising due to unavailability of the Website or the Services for any reason.

12.5 Great care has been taken to ensure that the information available on this Website is correct and error free. We apologise for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

12.6 By accepting these terms of use you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party website, or your consumption of any Food and Beverage Products from a Participating Restaurant.

12.7 The Food and Beverage Products sold through the Website are provided for private domestic and consumer use only. The Services are provided ‘as is’ and Food Ninja, together with its directors, officers, employees, agents, and subcontractors disclaim any and all warranties and any liability to you for the supply of the Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Food and Beverage Products and the Delivery Charges. We cannot accept any liability for any other loss, damage or expense, including any direct, indirect or consequential loss such as loss of income or profits to you, loss of damage to property and/or loss from claims of third parties, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.

12.8 Subject to clause 12.7 above, you agree to release and indemnify and hold Food Ninja and its officers, directors, agents, employees, and subcontractors harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis, arising from or in relation to the Services, including those made by any third party arising out of your breach of these Terms and Conditions, or your violation of any law or the rights of a third party.

12.9 We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.

12.10 We shall not be held liable for any failure or delay in performing Services or delivering Food and Beverage Products where such failure arises as a result of any act or omission, which is outside our reasonable control such as an Event of Force Majeure or third party act.

12.11 If we have contracted to provide an identical or similar order to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which orders we will fill and to what extent.

12.12 We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.

14.1 All text, graphics, user interfaces, underlying software, photographs, trademarks, logos, and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the Website (other than that owned by Participating Restaurants) is owned, controlled or licensed by or to Food Ninja, and is protected by copyright and trademark laws, and various other intellectual property rights and unfair competition laws.

14.2 You may use information on the Food Ninja website only for your personal, non-commercial informational purpose. No content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium (including hard copy) for publication or distribution or for any commercial enterprise, without Food Ninja’s prior written consent.

14.3 You agree that if you submit ratings, suggestions, comments or questions or post any other information on this site, you grant Food Ninja the non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. Food Ninja takes no responsibility and assumes no liability for any content posted or submitted by you or by other Users.

14.4 You promise to Food Ninja that any such material provided by you does not breach the intellectual property rights of any person and agree to indemnify Food Ninja against claims of any kind arising from a breach by you of that promise, including legal fees on the indemnity basis.

15.1 You may be able to access the Website through your mobile device, and we or a Participating Restaurant may communicate with you via text message (SMS) or phone call as set out in these Terms and Conditions. Please be aware that data and messaging rates may apply depending on your carrier and phone service. Please be sure to check your data and messaging plans to understand any relevant costs incurred by your use of Food Ninja’s services. We are not responsible for any fees charged by your data or cellphone carrier.

15.2 You consent to receive text messages from or on behalf of Food Ninja as a part of the Services at the cell phone number(s) provided by you to Food Ninja. You also agree that such text messages may be generated using an automatic telephone dialing system. You must inform us immediately if the cell phone number(s) you have provided to Food Ninja are changed or disconnected.

16.1 We may subcontract any part or parts of the Services that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.

16.2 The Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us (“Agreement”). No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.

16.3 If any Term or Condition shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such Term or Condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such Term or Condition.

16.4 No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

16.5 These Terms and Conditions (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with New Zealand laws. Both we and you hereby submit to the non-exclusive jurisdiction of the New Zealand courts. All dealings, correspondence and contracts between us shall be made or conducted in the English language.