Website Terms and Conditions of Use - www.arcadepizza.co.nz
This website is operated by us – Arcade Pizza [BBZ Company LTD]
Company Name: BBZ COMPANY LIMITED
Entity Type: NZ Limited Company
NZBN: 9429048270700
By agreeing to these T’s & C’s you acknowledge that you may not use our site or its contents for any illegal or unauthorised purpose. Nor may you, in the use of the Service, violate any laws (including but not limited to copyright laws).
You must definitely not transmit any worms or viruses or any code of a destructive nature.
Any breach or violation of any of the Terms will result in an immediate termination of your Services.
1.0 About this website
1.1. Welcome to www.arcadepizza.co.nz (the 'Website'). The Website provides an online but not limited to (pizza) ordering platform through a game of skill. (the 'Services').
1.2. The Website is operated by BBZ COMPANY LIMITED LTD. (NZBN 9429048270700). Access to and use of the Website, or any of its associated products or Services, is provided by BBZ COMPANY LIMITED please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. BBZ COMPANY LIMITED reserves the right to review and change any of the Terms by updating this page at its sole discretion. When BBZ COMPANY LIMITED updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend that you keep a copy of the Terms for your records.
2.0 Acceptance of the Terms
You accept the Terms by registering with BBZ COMPANY LIMITED or acquiring Services using the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by BBZ COMPANY LIMITED in the user interface.
3.0 Registration to use the Services
3.1. You will only be able to access the Services if you have made, and BBZ COMPANY LIMITED has accepted your application for registration. In order to register to access the Services or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Name
(c) Delivery address
(d) Telephone number
3.2. You warrant that any information you give to BBZ COMPANY LIMITED in the course of completing the registration process will always be accurate, correct and up to date.
3.3. Once you have completed the registration process, you will be a registered user of the Website and agree to be bound by the Terms, and you represent to BBZ COMPANY LIMITED that you have read, understood and accept that you will be bound by the Terms.
3.4. BBZ COMPANY LIMITED may, in its absolute discretion, refuse to accept your registration (e.g. if you live in a location where we do not provide the Services). 3.5. You may not use the Services and may not accept the Terms if: (a) you are under the age of 18; or
(b) you are playing outside New Zealand; or
(c) you are not of legal age to form a binding contract with BBZ COMPANY LIMITED; or (d) you are a person barred from receiving the Services under the laws of New Zealand or other countries including the country in which you are resident or from which you use
the Services; or (d) where registration with us contravenes any law applicable to your place of residence or in any jurisdiction in which you are located when using our Services; or
(e) where registration with us contravenes any law applicable to your place of residence or in any jurisdiction in which you are located when using our Services; or (f) you live in a location or seek to access our Services from a location where we do not provide the Services; or
(g) you are ordering your pizza to a location outside the delivery radius of a Dominos or Pizza Hut store.
3.6. Any products offered to you from using the Services and if accepted by you, will be delivered to the address provided to BBZ COMPANY LIMITED upon registration, are not transferable, cannot be redeemed for cash or other products, and may not be on-sold.
4.0 Your obligations as a User
4.1. As a user, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by: (i) the Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify BBZ COMPANY LIMITED of any unauthorised use of your email address or any breach of security of which you have become aware;
(c) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of BBZ COMPANY LIMITED providing the Services;
(d) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of BBZ COMPANY LIMITED;;
(e) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Web site;
(f) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of
The Services. Appropriate legal action will be taken by BBZ COMPANY LIMITED for any illegal or unauthorised use of the Website; and
(g) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5.0 Payment
5.1. Where the option is given to you, you may make payment for the Services (the ' Services Fee') by way of a credit card issued in your name and accepted by BBZ COM PANY’s third party financial services provider who facilitates payment for the Services. 5.2. All payments made in the course of your use of the Services are made using eway (www.stripe.com/nz). In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the eway terms and conditions which are available on their web site (https://stripe.com/nz/ssa)
5.3. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
5.4. You agree and acknowledge that BBZ COMPANY LIMITED can vary the Services Fee at any time. Any changes to the Services Fee will be published on the Website and accessible by you prior to purchasing any Services.
5.5 All charges are processed in NZD.
6. Refund Policy
BBZ COMPANY LIMITED will only provide you with a refund of the Services Fee in the event it is unable to provide the Services or continue to provide the Services or if the managers of BBZ COMPANY LIMITED make a decision, at its absolute discretion, that it is reasonable to do so under the circumstances.
6.0 Copyright and Intellectual Property
6.1. The Website, the Services and all of the related products of BBZ COMPANY LIMITED are subject to copyright. The material on the Website is protected by copyright under the laws of New Zealand and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by BBZ COMPANY LIMITED or its contributors.
6.2. All trademarks, service marks and trade names are owned, registered and/or licensed by BBZ COMPANY LIMITED who grants to you a non-exclusive, royalty-free, revocable license whilst you are a user of: BBZ COMPANY LIMITED does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by BBZ COMPANY LIMITED.
6.3. BBZ COMPANY LIMITED retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any of the following to you:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copy-
right (or an adaptation or modification of such a thing, system or process). 6.4. You may not, without the prior written permission of BBZ COMPANY LIMITED and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
7.0 Privacy
7.1. BBZ COMPANY LIMITED takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to BBZ COMANY LIMITED Privacy Policy, which is available on the Website.
7.2. By registering with BBZ COMPANY LIMITED you consent to BBZ COMPANY LIMITED contacting you by any communication means (e.g. email, SMS, social media) for an indefinite period of time to provide you with information about upcoming services, promotions, new products or services or other similar opportunities. Each time BBZ COMPANY LIMITED contacts you with direct marketing, BBZ COMPANY LIMITED will provide you with the opportunity to opt-out from receipt of direct marketing activities and BBZ COMPANY LIMITED will promptly act on your request to opt-out.
8.0 General Disclaimer
8.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the New Zealand Consumer Law (or any liability under them) which by law may not be limited or excluded.
8.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) BBZ COMPANY LIMITED will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
8.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of BBZ COMPANY LIMITED make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of BBZ COMPANY LIMITED ) referred to on the Website, including (but is not restricted to) loss or damage you might suffer as a result of any of the following: (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of BBZ COMPANY LIMITED; and
(d) the Services or operation in respect to links which are provided for your convenience. 10. Limitation of liability
8.4. BBZ COMPANY LIMITED’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
8.5. You expressly understand and agree that BBZ COMPANY LIMITED, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
8.6 BBZ COMPANY LIMITED may at any time, terminate the Terms with you if: (a) you have breached any provision of the Terms or intend to breach any provision; (b) BBZ COMPANY LIMITED is required to do so by law;
(c) the provision of the Services to you by BBZ COMPANY LIMITED is, in the opinion of BBZ COMPANY LIMITED, no longer commercially viable.
9.0 Indemnity
You agree to indemnify BBZ COMPANY LIMITED, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the Service.
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
10.0 Venue and Jurisdiction
The Services offered by BBZ COMPANY LIMITED are intended to be viewed by residents of New Zealand. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Auckland, New Zealand.
11.0 Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New Zealand without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
12.0 Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality of bargaining power or general grounds of restraint of trade.
13.0 Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
14.0 Assignment
BBZ COMPANY LIMITED may assign its rights and obligations under the Terms to a third party and will give you notice no later than 30 days after any such assignment occurs. If you consider the assignment.
15.0 Contact
[email protected]
Parnell 1052
Auckland
New Zealand
Effective 1st June 2023
