Mobile Order and Pay - Terms and Conditions
These terms and conditions apply solely to Starbucks Mobile Order and Pay. Additional terms and conditions apply to other websites hosted by us, such as starbucks.co.nz.
i) "Customer" means you and all other persons who purchase the products under your Login, and, as the context requires, includes any person browsing Starbucks Mobile Order and Pay who is not registered to use Starbucks Mobile Order and Pay.
ii) "GST" means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.
iii) "Intellectual Property" means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered or registrable by any means, and the right to file an application for registration thereof.
iv) "Login" means a Customer's personal contact information used to access Starbucks Mobile Order and Pay.
v) “Registration” means a customer providing personal information for any reason including to complete a transaction.
vi) "Products" means the products for sale in Starbucks Mobile Order and Pay.
vii) "Store Policies" means the store policies of Starbucks Mobile Order and Pay, set out in the section of the same name on Starbucks Mobile Order and Pay.
viii) "Starbucks NZ" means Tahua Capital Ltd T/A Starbucks NZ, which is the seller of the Products and its related companies, and directors, officers, employees or agents of Starbucks NZ or its related companies.
ix) Starbucks NZ "Starbucks Mobile Order and Pay" means this internet application owned by Starbucks NZ, being the medium by which Products are offered for sale online by Starbucks NZ to the Customer.
b) Use of Starbucks Mobile Order and Pay subject to Terms and Conditions
Your access to, and use of, Starbucks Mobile Order and Pay is subject to the following terms and conditions. By using Starbucks Mobile Order and Pay you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them. Orders placed through Starbucks Mobile Order and Pay constitute legal offers to purchase Products from and are capable of being accepted by, Starbucks NZ without any further reference to the Customer.
c) Terms and Conditions to prevail
These terms and conditions shall prevail over any other document purporting to have a contractual effect, including the Store Policies.
d) Starbucks NZ discretion to accept registration
Starbucks NZ has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever.
e) Starbucks NZ discretion to accept orders
Starbucks NZ has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. Starbucks NZ may cancel an order for any reason whatsoever. Where an order is cancelled by Starbucks NZ, Starbucks NZ will make reasonable efforts to notify the Customer of the cancellation. The Customer will receive a refund of the value of the order. See clause 4 (g) – refunds.
f) Registration and access costs
No costs are payable to register to use Starbucks Mobile Order and Pay but Customers are responsible for any costs incurred in using Starbucks Mobile Order and Pay, including any charges imposed by their mobile phone and internet service providers.
g) Suspension or Termination
Starbucks NZ may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Products through Starbucks Mobile Order and Pay at any time and for any reason whatsoever.
h) Customer liable for every order
Customers are liable for every order made under their Login.
i) Trading hours
Starbucks NZ may, at its absolute discretion, set the trading hours on any given day at each store. Trading hours are subject to change. Starbucks NZ may, at its absolute discretion, activate or deactivate Starbucks Mobile Order and Pay at any time at each store.
j) Trade not supplied
Unless otherwise agreed, Customers may not purchase Products through Starbucks Mobile Order and Pay for the purpose of resale.
k) Security of information
Starbucks NZ shall use its reasonable endeavours to prevent any unauthorised entry into Starbucks Mobile Order and Pay. However, no member of Starbucks NZ will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access into Starbucks Mobile Order and Pay, except where any member of Starbucks NZ, or its employees or agents, have acted negligently or fraudulently.
l) Why is Starbucks Mobile Order and Pay safe?
Starbucks Mobile Order and Pay uses Secure Socket Layer (SSL) secure encryption to encrypt all personal data that you type into our site before it travels across the internet. Once we receive your data, it is stored on secure e-commerce servers, so that your personal details are not accessible from the internet by any third party. Payment card details are not stored on our servers. Starbucks NZ uses safe payment systems to securely authorise credit card payments before any charges are made. For further information regarding the safe payment systems and how it encrypts and processes transactions, please contact Starbucks NZ.
m) Site content
While Starbucks NZ has endeavoured to ensure that the information provided on Starbucks Mobile Order and Pay is free from error, no member of Starbucks NZ warrants its accuracy, adequacy or completeness, and no member of Starbucks NZ shall be responsible or liable for any error in, or omission from, the information provided on Starbucks Mobile Order and Pay. We reserve the right to make changes to the information provided on Starbucks Mobile Order and Pay at any time and without notice.
n) Use of the site
The Customer agrees not to use Starbucks Mobile Order and Pay for any purpose that is unlawful or prohibited by these terms and conditions. Customers may download the information on Starbucks Mobile Order and Pay for their own personal use but otherwise neither Starbucks Mobile Order and Pay, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without Starbucks NZ s’ prior written consent. The Customer agrees that it will not interfere with any other party's use and enjoyment of Starbucks Mobile Order and Pay, or damage the operation of Starbucks Mobile Order and Pay, or Starbucks NZ s’ systems or those of other persons who use Starbucks Mobile Order and Pay, whether by way of a virus, corrupted file, any other software or program, or otherwise.
The Customer shall pay Starbucks NZ for the Products ordered at the price displayed at the time the order is submitted.
The prices of Products are displayed in New Zealand currency.
c) Prices inclusive of GST
The prices of the Products are inclusive of GST and any other sales tax.
d) Starbucks NZ may set credit limits
Starbucks NZ may from time to time set credit limits for individual Customers.
3) PRODUCT AVAILABILITY, RANGE, DEALS AND QUALITY
a) Product availability
Every effort will be made to fulfil orders placed with Starbucks Mobile Order and Pay, but no member of Starbucks NZ shall be liable to any person if Starbucks NZ is unable to or declines to supply a Product for any reason whatsoever.
Starbucks NZ reserves the right to limit quantities able to be ordered by, or delivered to, Customers. If a Customer's order is reduced in accordance with this clause, the price payable by the Customer for that order will be adjusted accordingly.
b) Product range
Starbucks NZ reserves the right to limit the range of products available online.
Deals are subject to availability while stocks last. Starbucks Mobile Order and Pay does not allow back orders for deals that are out of stock.
d) Product substitution
If Starbucks NZ is unable to or declines to supply a Product ordered by a Customer, Starbucks NZ may substitute a similar Product if the customer approves when they visit the store to collect their purchased item(s). Any difference in value between the ordered and agreed item will be foregone by both the customer and Starbucks NZ. If the customer does not agree to a substitute a refund will be offered – see clause 4(g) Refunds.
Starbucks NZ reserves the right to refuse to substitute any particular Product for any reason whatsoever.
e) Product quality
If Starbucks NZ agrees that a Product provided to a customer was of poor quality or condition, Starbucks NZ shall, at the request of the Customer, refund the value of the relevant Product to the Customer (as at the date on which the Product was ordered).
a) Method of payment
Customers must pay Starbucks NZ for the Products purchased by credit card. Starbucks Mobile Order and Pay does not accept EFTPOS, cash, cheque, voucher, loyalty card or any other form of payment.
b) Payment by credit card
If a Customer's credit card is declined by its financial institution, collection of the relevant order will not be offered. Starbucks NZ reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever.
If a Customer is invoiced an incorrect amount for any Product ordered, Starbucks NZ shall refund to the Customer the necessary adjustment amount to reflect the correct amount which should have been invoiced.
d) Change to payment policy
Starbucks NZ may change at any time the way in which a Customer pays for Products, and any change will be notified to the Customer prior to the change coming into effect.
Gift vouchers may be purchased online, however are not able to be redeemed through Starbucks Mobile Order and Pay.
f) Loyalty Cards
Coffee Perfection Loyalty Cards are not an accepted payment method on Starbucks Mobile Order and Pay. Customers will not receive stamps on these cards for purchases completed on Starbucks Mobile Order and Pay.
Where a refund is to be provided to the Customer, Starbucks NZ will offer a “Have one on us” card. If the customer does not accept the “Have one on us” card, Starbucks will refund the amount due to the Customer upon the Customer’s request. In order to facilitate the refund the Customer will provide their bank details, payment receipt and any other information reasonably required by Starbucks NZ via email to email@example.com for payment in the next pay run completed by Starbucks NZ.
5) VARIATION/CANCELLATION OF ORDER
a) Cancellation of order
Starbucks NZ may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
i) the Products in that order are not available; or
ii) there is an error in the price or the Product description posted on the Site for the Product in that order; or
iii) we reasonably believe your order has been placed in breach of these terms and conditions.
b) In the event of a cancellation by Starbucks NZ, Starbucks NZ will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.
Property and risk in the Products shall pass to the Customer on delivery to the customer at the Collection Point.
The Customer shall keep their Login details safe and confidential at all times.
Subject to the Consumer Guarantees Act 1993 and Fair Trading Act 1986, all representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions of merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample are excluded to the fullest extent permitted by law.
The Customer acknowledges that the Customer does not rely on any representation or statement made by or on behalf of any member of Starbucks NZ other than the express provisions of these terms and conditions. The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that no member of Starbucks NZ assumes any obligation or liability for any advice given, and that all such Products are accepted by the Customer entirely at the Customer's risk.
8) LIABILITY AND INDEMNITY
The provisions contained in this clause 8 are subject to clause 12 to the extent applicable.
a) Product liability
Subject to any statutory rights available under law, including under the Consumer Guarantees Act 1993, Starbucks NZ shall not be liable, whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a Product or any other breach of Starbucks NZ 's obligations hereunder.
b) No liability for indirect loss
Starbucks NZ shall be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to the Customer's use of, or inability to use, Starbucks Mobile Order and Pay, or the delivery or failure to deliver any Products.
Notwithstanding any other term, the Customer agrees to indemnify each member of Starbucks NZ against all liabilities, losses, claims and expenses suffered or incurred by that member, and all claims and demands made against any member of Starbucks NZ, as a result of any breach by the Customer of these terms and conditions, or caused by the Customer.
9) INTELLECTUAL PROPERTY
All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to Starbucks Mobile Order and Pay and its contents is owned by, and shall at all times remain the exclusive property of, Starbucks NZ, its licensors and the providers of any other products and services accessible through Starbucks Mobile Order and Pay, and is protected by New Zealand and international law. Nothing in these terms and conditions shall constitute any licence of intellectual property rights to the Customer.
10) FORCE MAJEURE
If the performance by Starbucks NZ of its obligations under these terms and conditions is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, epidemic, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Starbucks NZ) Starbucks NZ shall be excused from such performance to the extent of such prevention.
11) PRIVACY ACT
b) Starbucks NZ's right to refuse application
If sufficient personal information is not supplied, or is not satisfactory to Starbucks NZ , then Starbucks NZ reserves the right to refuse to accept the person's application to register to use Starbucks Mobile Order and Pay.
12) CONSUMER GUARANTEES ACT
The Customer acknowledges that where the Products are ordered for business purposes (as the term "business" is defined in the Consumer Guarantees Act 1993 ("CGA")), the provisions of the CGA shall not apply to the sale of the Products by Starbucks NZ . The Customer agrees that nothing in these terms and conditions is intended to have the effect of contracting out of the provisions of the CGA except to the extent permitted by the CGA, and all provisions of these terms and conditions shall be read as modified to the extent necessary to give effect to that intention.
13) LINKS TO AND FROM OTHER WEBSITES
a) Links to third party websites
Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by Starbucks NZ. Starbucks NZ does not monitor the content of any other website and is not liable or responsible in relation to any content on them. For the purposes of this clause a "third party website" is any website not controlled by Starbucks NZ.
The Customer agrees that it will not create a hyperlink to Starbucks Mobile Order and Pay without Starbucks NZ'sexpress written permission. If a Customer does create a hyperlink to Starbucks Mobile Order and Pay, that Customer is responsible for all losses any member of Starbucks NZ may suffer as a result of that link, whether direct or indirect. Linking to Starbucks Mobile Order and Pay is at the Customer's own risk. The Customer agrees that is shall not frame any part of Starbucks Mobile Order and Pay by including advertising or other revenue generating material.
14) VARIATION OF TERMS AND CONDITIONS
From time to time Starbucks Mobile Order and Pay may vary these terms and conditions without notice. Please check these terms and conditions periodically for changes. Your continued use of Starbucks Mobile Order and Pay after the terms and conditions have been changed indicates your acceptance of those changes.
15) GOVERNING LAW
New Zealand law governs the use of Starbucks Mobile Order and Pay and these terms and conditions.