Buyer Terms & Conditions
1.APPLICATION OF TERMS
1.1 These Terms apply to your use of Quicky. By accessing and using Quicky:
a. you accept and agree to be bound by these Terms; and
b. where your access and use is on behalf of another person (e.g. a company or your employer), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
1.2 If you do not agree to these Terms, you are not authorised to access and use Quicky, and you must immediately stop doing so.
2. CHANGES
2.1 We may change these Terms at any time by updating them on Quicky. We will use reasonable efforts to provide advance notice of our changes, by notifying you of the change by email or by posting a notice on Quicky. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use Quicky, you agree to be bound by the changed Terms.
2.2 We may change, suspend, discontinue, or restrict access to, Quicky without notice or liability.
2.3 Terms and Conditions last updated: These Terms were last updated 9th November 2023
3. DEFINITIONS AND INTERPRETATION
3.1 In these Terms:
Account means the unique account allocated to you to allow you to access Quicky
Buyer means a person who has set up an account with Quicky to Order Products from a Seller
Content means content, data, and information (including personal information and pricing information for Products) that is owned, held, used for created by you or on your behalf, and that is then stored, transmitted via, inputted into or displayed via Quicky
Fees means the applicable fees payable by a User in connection with that User’s use of Quicky as set out in the fees section of the FAQ's page (including GST).
Intellectual Property Rights includes copyright and all rights anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property
Listing means a post by a Seller on Quicky offering Products to Buyers
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
Objectionable includes, in our sole opinion, being objectionable, defamatory, obscene, harassing, threatening or unlawful, in any way
Order means a binding agreement for a Buyer to purchase, and a Seller to supply, Products. An Order is created when a Buyer requests the Seller to supply, and the Seller agrees to supply, Products via Quicky
Payment Provider means Stripe or any replacement or additional third party payment platform authorised by us
personal information means information about an identifiable, living person
personnel means, if applicable, your officers, employees, contractors, and agents who access and use Quicky on your behalf
Products means any beverage, food item or other product listed on Quicky
Quicky means the Website and/or any associated Quicky mobile application (as applicable)
Seller means a person who has set up an account with Quicky to list or make available Products for a Buyer to purchase
Terms means these terms and conditions titled Quicky Terms and Conditions (Seller)
Underlying Systems means the IT solutions, systems and networks (including software and hardware) used to provide Quicky, including any third party solutions, systems and networks
User means any person who accesses and uses Quicky, including a Buyer or a Seller
User Dispute means any dispute that arises between, or relates to, you and another User, or relates to any Listing, Product, Order or transaction made using or via Quicky
we, us or our means Quicky Limited, company number 8346941
Website means www.quicky.cafe (or another website notified by us)
you and your means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting
3.2 In these Terms:
a. clause and other headings are for ease of reference only and do not affect the interpretation of these Terms;
b. words in the singular include the plural and vice versa; and
a reference to:
i. a person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity;
ii. including and similar words do not imply any limit; and
iii. a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them.
4. ABOUT QUICKY
4.1 Quicky is a platform that allows Buyers to Order Products from Sellers that may be collected from the Seller’s location in New Zealand.
4.2 We act as an intermediary for Users to transact and are not a party to any Order between Users. We are not a supplier of Products or an auctioneer or broker.
4.3 Each Seller can accept or decline an Order made by a Buyer at their discretion. When a Buyer requests from a Seller, and a Seller agrees to supply, Products under an Order, they are entering into an agreement directly with each other. We cannot ensure that a Seller fulfils an Order.
4.4 Any interaction between you and another User, including any agreement entered into between you and another User, is a matter directly between you and them only. Other than our obligations set out in these Terms, we are not liable to you for any failure by any User to comply with any Order, these Terms or any other legal obligation.
4.5 We will use reasonable efforts to provide Quicky in accordance with these Terms and New Zealand law.
4.6 Our provision of Quicky to you is non-exclusive. Nothing in these Terms prevents us from providing Quicky to any other person.
4.7 Subject to clause 4.8, we will use reasonable efforts to ensure Quicky is available on a 24/7 basis. However, it is possible that on occasion Quicky may be unavailable to permit maintenance or other development activity to take place, or due to an event that is beyond our reasonable control.
4.8 Through the use of web services and APIs, Quicky may interact with a range of third party service features, including the Payment Provider. We do not make any warranty or representation on the availability or performance of those features. Without limiting the previous sentence, if:
a. a third party feature provider ceases to provide that feature or make that feature available on reasonable terms, we may cease to make available that feature to you. To avoid doubt, if we exercise our right to cease the availability of a third party feature, you are not entitled to any refund, discount or other compensation; and
b. you use a third party service feature, your use is subject to you agreeing to the third party’s applicable terms of use for that feature.
4.9 Without limiting clause 2.2, at any time, we may change, remove or add to the features and functionality of Quicky. Your sole and exclusive remedy against us for any change, removal or addition is to terminate these Terms and your access and use of Quicky under clause 15.2.
5. USE OF QUICKY
5.1 You and your personnel must:
a. use Quicky in accordance with these Terms solely for lawful purposes; and
b. not resell or make available Quicky to any third party, or otherwise commercially exploit Quicky.
5.2 You must provide true, current and complete information in your dealings with us (including when setting up an Account), and must promptly update that information as required so that the information remains true, current and complete.
5.3 You must keep your Account secure and:
a. not permit any other person to use your Account, including not disclosing or providing it to any other person; and
b. immediately notify us if you become aware of any unauthorised use or disclosure of your Account, by sending an email to info@quicky.cafe.
5.4 You must obtain our written permission to establish a link to Quicky. If you wish to do so, email your request to info@quicky.cafe. Any website or social media linked to Quicky must:
a. comply with all applicable laws; and
b. not contain any Objectionable, incorrect or misleading content.
5.5 When accessing and using Quicky, you and your personnel must:
a. comply with all applicable laws, including the New Zealand Privacy Act 2020;
b. not impersonate another person or misrepresent authorisation to act on behalf of others or us;
c. not attempt to undermine the security or integrity of the Underlying Systems;
d. not use, or misuse, Quicky in any way which may impair the functionality of the Underlying Systems or impair the ability of any other User to use Quicky;
e. not attempt to view, access or copy any material or data other than:
i. that which you are authorised to access; and
ii. to the extent necessary for you to use Quicky in accordance with these Terms;
f. neither use Quicky, nor transmit, input or store any Content, that breaches any third party right (including Intellectual Property Rights and privacy rights) or that is Objectionable, incorrect or misleading; and
g. unless with our agreement, access Quicky via standard web browsers or our mobile application and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction, monitoring or input method.
5.6 You are responsible for procuring all licences, authorisations and consents required for you to access and use Quicky, including to use, store and input Content into, and display Content and Listings using, Quicky, and for you to use the Payment Provider.
5.7 Where applicable, you must procure your personnel’s compliance with these Terms, including clauses 5.1 to 5.6 and 10.
5.8 Where we provide you with access and use of a beta version of Quicky or any service which is designated as beta, pilot, limited release, developer preview, non-production, evaluation or similar (Beta Version):
a. access to the Beta Version is provided to you at our sole discretion;
b. the Beta Version is provided on an as is basis, and despite any other provision in these Terms, all conditions, warranties, guarantees and indemnities in relation to the Beta Version are excluded by us to the fullest extent permitted by law;
c. you acknowledge that the Beta Version is still under development and we may change or remove any feature or part of Quicky at any time and for any reason without liability of any kind; and
d. in consideration of us providing you with access and use of the Beta Version, you agree to inform us of all problems, defects, bugs, errors, issues and ideas for improvement relating to the Beta Version that you become aware of.
5.9 You indemnify us against all Loss we suffer or incur as a direct or indirect result of:
a. any actual or alleged claim by a third party that any Content infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or that the Content is Objectionable, incorrect or misleading;
b. your or your personnel’s failure to comply with these Terms, including any failure of a person who accesses and uses Quicky using your Account; or
c. any Loss arising from or in connection with an actual or alleged breach by you of any legal or regulatory requirements which occurs in connection with your use of Quicky, an Order, a Listing, your use of the Payment Provider, or as a result of any other relationship established through Quicky.
ADDITIONAL TERMS FOR BUYERS
6.1 This clause 6 applies to Buyers.
6.2 You acknowledge and agree that:
a. any Order for Products is subject to the availability of the Seller and/or the Product, and the availability of the Seller’s staff and opening hours at the relevant time;
b. when placing an Order:
i. you are solely responsible for providing accurate details and selecting appropriate options in respect of allergies or dietary requirements specific to you; and
ii. you must indicate your estimated pick up time for that Order. You acknowledge and agree that neither we or the Seller guarantee that any Order will be available for collection within the estimated times and the Seller reserves the right to delay the Order at any time; and
c. before an Order is confirmed:
i. the Order must be accepted by the Seller via Quicky; and
ii. your payment details must be successfully sent via Quicky to the Payment Provider pending payment; and
d. once the Seller changes the status of your Order to preparing via Quicky, your payment will be transacted via Quicky using the Payment Provider.
6.3 You must pick up the Order by the estimated pick up time. Neither we or the Seller is responsible or liable for any quality issues with Products due to any delay or failure by you to pick up the Order by the estimated pick up time.
6.4 You must not:
a. once the Seller has changed the status of your Order to preparing via Quicky, cancel or change that Order; and
b. ask the Seller to accept direct payment of the price payable for an Order or pay the Seller by any payment method other than payment via Quicky using the Payment Provider.
7. FEES AND PAYMENT
7.1 You must pay for all Products and Fees (as applicable) that relate to any Order via Quicky using the Payment Provider. You authorise the Payment Provider to deduct your credit card, bank account or other approved payment facility provided by you for the payment of Products and Fees under these Terms. Unless otherwise agreed by us, all Fees are non-refundable.
7.2 Without limiting clause 4.8, by accessing and using Quicky, you agree that:
a. you are bound by the Payment Provider’s terms of service and privacy policy. For Stripe, its terms of service and privacy policy are found here;
b. you must provide accurate payment information to the Payment Provider, including updating the information to keep it current;
c. all payment transactions are handled by the Payment Provider and not us. We do not access, store or handle payment information (including payment card information) provided by you to the Payment Provider; and
d. without limiting clause 16.1:
i. if you are not satisfied with a Product or wish to request a refund for a Product, you must contact the Seller to request a refund, including providing the reasons for your request (refund request);
ii. you must, in good faith and acting reasonably, attempt to resolve that refund request directly with the Seller;
iii. where the Seller approves your refund request, we will initiate a refund process for your refund amount (excluding any Fees) via the Payment Provider; and
iv. if you and the Seller cannot agree on a refund request, clause 16.1 will apply.
7.3 Despite anything contrary in these Terms, we are not responsible or liable for:
a. any payment transaction made using the Payment Provider;
b. the Payment Provider’s service, including any processing failure and resulting Loss to you; and/or
c. confirming any payment made using the Payment Provider.
7.4 We may amend the Fees from time to time by updating the relevant page on our Website. You are responsible for ensuring you are familiar with the applicable Fees any time you use Quicky. By continuing to access and use Quicky, you are deemed to have accepted the amended Fees.
8. CONTENT
8.1 Title to, and all Intellectual Property Rights in, the Content (as between the parties) remains your property. You grant us a worldwide, non-exclusive, fully paid up, transferable, irrevocable licence to use, store, copy, modify, make available and communicate the Content for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with these Terms.
8.2 Without limiting clause 8.1, you acknowledge and agree that we may use Content for our internal research, analytical and product development purposes, to conduct statistical analysis and identify trends and insights (on an anonymised and aggregated basis) and for our internal reporting requirements (and these rights will survive termination and expiration of these Terms).
8.3 You must ensure you have obtained all necessary consents for us to access, collect, hold, process and distribute the Content as described in these Terms.
8.4 While we will use reasonable endeavours to back up all Content stored using Quicky, you must keep separate and regular back-up copies of all Content uploaded by you onto Quicky.
9. OUR INTELLECTUAL PROPERTY
9.1 Other than your Content, we (and our licensors) own all proprietary and intellectual property rights in Quicky and the Underlying Systems, including all information, data, text, graphics, artwork, photographs, trade marks, logos, icons, sound recordings, videos and look and feel, and including any modification, enhancement or derivative work of any of the foregoing.
9.2 If you provide us with ideas, comments or suggestions relating to Quicky or Underlying Systems (together feedback):
a. all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and
b. we may use or disclose the feedback for any purpose.
10. CONFIDENTIALITY
10.1 You must treat all information available and otherwise provided through Quicky (including other User’s Content) as strictly confidential, and may only use that information for the purpose of buying, selling and providing Products through Quicky.
10.2 Confidential Information includes contact details of each User, but does not include any information already in the public domain, or independently known to you.
11. PRIVACY
11.1 You are not required to provide personal information to us, although in some cases if you choose to not do so then we will be unable to make certain functions of Quicky available to you.
11.2 When you provide personal information to us, we will comply with the New Zealand Privacy Act 2020 and with our privacy policy set out at here (as that policy is updated from time to time).
12. DISCLAIMERS
12.1 To the extent permitted by law, we have no liability or responsibility to you or any other person for any Loss in connection with:
a. any quality, unavailability or preparation concerns or issues relating to any Product supplied by a Seller. To avoid doubt, we do not make any representations or warranties that any Product is fit or safe for consumption;
b. any Content, Listing or Order, including a failure of a User to comply with an Order to which you are a party;
c. Quicky being unavailable (in whole or in part) or performing slowly;
d. the failure of any User to comply with these Terms;
e. any error in, or omission from, any information (including Content) made available through Quicky, or that information (including Content) breaching any third party right (including Intellectual Property Rights and privacy rights) or being Objectionable, incorrect or misleading;
f. any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use Quicky. To avoid doubt, you are responsible for ensuring the process by which you access and use Quicky protects you from this; and
g. any site linked from Quicky. Any link on Quicky to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
12.2 All Listings, Orders and agreements to purchase, sell or provide Products through Quicky, and the use of the Payment Provider are carried out entirely at your own risk.
12.3 Without limiting clause 12.2:
a. you rely on information (including Content) provided by other Users at your own risk;
b. you acknowledge we do not, control, inspect, endorse, approve or check the availability, condition or nature of any Product, or the accuracy, currency, truth or completeness of the information provided by Users and it is your responsibility to do so. Without limiting the previous sentence, we do not endorse, approve, or recommend, or have responsibility for, any Product or Listing on Quicky; and
c. it is your responsibility to take any other necessary precautions before placing, or agreeing to, an Order.
13. iOS APP
13.1 Where you download, install or use Quicky on an Apple mobile device (App) this clause 13 applies.
13.2 We and you acknowledge that:
a. these Terms are between us and you and not Apple Inc. (Apple);
b. to the maximum extent permitted by law, Apple has no responsibility or liability in respect of any matter relating to the App or the content made available to you through using the App, including:
i. your use or possession of the App or the contents made available to you through using the App; and
ii. the provision of any maintenance or support services for the App;
c. Apple has no responsibility to address any claims you may have relating to the App or your possession and use of the App, including:
i. product liability claims;
ii. any claim that the App fails to conform to any applicable legal or regulatory requirement;
iii. claims arising under consumer protection, privacy or similar legislation; or
iv. any claim that the App, or your possession and use of the App, infringes a third party’s intellectual property rights.
13.3 Without limiting clause 13.2, in the event of any failure of the App to conform to any applicable warranty:
a. you may notify Apple, and Apple may refund the purchase price (if any) for the iOS version of the App; and
b. to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App.
13.4 You must comply with applicable third party terms when using the App (e.g. your wireless data service agreement).
13.5 You acknowledge and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. Government list of prohibited or restricted parties.
13.6 We and you agree that Apple, and any Apple subsidiary, are third party beneficiaries of the terms in this clause 13 and that Apple has the right to enforce the terms in this clause 13 against you as a third party beneficiary.
14. LIABILITY
14.1 To the maximum extent permitted by law:
a. you access and use Quicky at your own risk; and
b. we are not liable or responsible to you or any other person for any Loss under these Terms or in connection with Quicky, or your access and use of (or inability to access or use) Quicky, your dealings with other Users, User Disputes, or your use of the Payment Provider. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
14.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability will be limited to NZD5.00.
14.3 To the maximum extent permitted by law and only to the extent clauses 14.1 and 14.2 of these Terms do not apply:
a. our total liability to you in connection with these Terms or your access and use of Quicky will not exceed NZD5.00; and
b. we will not be liable to you under or in connection with these Terms or your access and use of Quicky for any:
i. loss of profit, revenue, savings, business, use, data (including Content), and/or goodwill; or
ii. consequential, indirect, incidental or special damage or loss of any kind.
14.4 Clauses 14.1 to 14.3 do not apply to limit:
a. our liability under or in connection with these Terms:
i. for personal injury or death; or
ii. for fraud or wilful misconduct; or
b. any liability that cannot be excluded by law.
15. SUSPENSION AND TERMINATION
15.1 We may, at any time by notice to you, terminate these Terms. If we do this, these Terms and your right to access and use Quicky will terminate immediately, and we will close your Account on the effective date of termination.
15.2 You may cease using Quicky at any time by closing your Account with us. If you do this, these Terms and your right to access and use Quicky will terminate immediately.
15.3 On termination of these Terms, you must fulfil your obligations under any Order entered into before the date of termination and these Terms continue to apply to that Order.
15.4 Termination of these Terms does not affect either party’s rights and obligations that accrued before that termination.
15.5 Subject to clause 15.3, no compensation is payable by us to you as a result of termination of these Terms for whatever reason, and you will not be entitled to a refund of any Fee or other amount that you have already paid to us.
15.6 Without limiting any other right or remedy available, we may restrict or suspend your (or your personnel’s) access to Quicky and suspend or remove your Account, if we consider you have:
a. undermined, or attempted to undermine, the security or integrity of Quicky or any Underlying Systems;
b. used, or attempted to use, Quicky for improper purposes or in a manner, other than for normal operational purposes, that materially reduces the operational performance of Quicky;
c. transmitted or stored any Content that breaches or may breach these Terms or any third party right (including Intellectual Property Rights and privacy rights), or that is, or may be, Objectionable, incorrect or misleading;
d. done something, or are likely to do something, that may damage our reputation or our business (including damaging the reputation of Quicky);
e. failed to pay any Fee or other amount when due in accordance with clause 7; or
f. otherwise breached these Terms or our privacy policy.
15.7 In addition to clause 15.6, if you do not complete a purchase or sale on Quicky, we may suspend or remove your Account. You may request that your Account be reactivated, which we may do at our sole discretion.
15.8 Clauses which, by their nature, are intended to survive termination of your right to access and use Quicky, including clauses 8 to 14, 15.4, 15.8, and 16 continue in force.
16. DISPUTES AND GOVERNING LAW
16.1 Without limiting clauses 12.2 and 14, if a User Dispute arises:
a. you authorise us to provide your contact details to the other User to enable you and the other User to discuss and attempt to resolve that User Dispute (even if that other User has not advised you of the User Dispute);
b. you must resolve the User Dispute directly with the other User;
c. if you cannot resolve the User Dispute directly, you are responsible for taking any legal action as you consider appropriate against the applicable User to resolve that User Dispute and without reference to Quicky; and
d. except for the provision of contact details under clause 16.1a, you will not request us to supply any information, express any view, provide any assistance or otherwise be involved, in a User Dispute.
16.2 Subject to clause 16.1, these Terms, and any dispute relating to these Terms or Quicky, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute under or in connection with these Terms or Quicky.
17. GENERAL
17.1 If we need to contact you, we may do so by email or by posting a notice on Quicky. You agree that this satisfies all legal requirements in relation to written communications.
17.2 All questions, complaints, notices and communications by you to us under or in connection with these Terms must be in writing and be sent by email to the email address set out below (or at such other address as we may notify to you from time to time).
Email address: info@quicky.cafe
17.3 We are not liable to you for any failure to perform our obligations under these Terms to the extent caused by an event that is beyond our reasonable control.
17.4 You may not assign, novate, subcontract or transfer any right or obligation under these Terms without our prior written consent. You remain liable for your obligations under these Terms despite any approved assignment, subcontracting or transfer.
17.5 Subject to clause 13, no person other than us and you has any right to a benefit under, or to enforce, these Terms.
17.6 Subject to clause 2.1, any variation to these Terms must be agreed in writing by both parties.
17.7 For us to waive a right under these Terms, that waiver must be in writing and signed by us.
17.8 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
17.9 These Terms set out everything relating to your access and use of Quicky and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. You have not relied on any representation, warranty or agreement relating to Quicky that is not expressly set out in these Terms, and no such representation, warranty or agreement has any effect from the date you agree to these Terms. Without limiting the previous sentence, if you use Quicky for the purposes of a business, we and you agree that sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply, and that it is fair and reasonable us to be bound by this clause 17.9.