Terms of Trade

1.              Thrive Catering: Thrive Catering (“we”, “us”, “our”) specialises in food and catering services (“catering services”). These Terms of Trade (“Terms”) affect your legal rights and obligations in relation to our website https://www.thrivecatering.org.nz/ (“our website”) and our catering services. In these Terms, “you” and “your” refers to the individual or entity accessing and using our website and our catering services.

2.              Acceptance of Terms of Trade: By visiting our website, ordering catering services from us, or signing up for our marketing material, you agree that you have read, understood and accept these Terms and agree to be bound by these Terms and by all applicable laws governing our website and our supply of catering services.

3.              Proper Purpose: You may only use our website, and order catering services from us, in accordance with these Terms. By agreeing to these Terms, you represent and warrant to us that you are at least the age of majority in New Zealand. You agree that you have given us your consent to allow any of your minor dependents to use our website.

4.              Order Process:

(a)            You may make an order for catering services by completing an online order through our website, or by email to maree@citymission.org.nz. When you make an order with us, this is an offer to purchase catering services in accordance with these Terms.

(b)            Your order must comply with our Catering Policy.

(c)             We may choose to accept your order by arranging for the delivery of the catering services. We reserve the right to refuse any order you place with us for any reason, including where we believe your order has been made for an improper or illegal purpose. In the event we refuse your order (in full or in part), we will contact you.

(d)            We may provide to you the option to create an account through our website, which may allow you to save catering and delivery details for subsequent orders through our website.

5.              Catering Policy:

(a)            We may adopt, amend and replace our Catering Policy from time to time, which may set out further terms and conditions applying to your order for catering services from us. This may include (but is not limited to) requirements relating to minimum orders, delivery and cancellation.

(b)            Our Catering Policy applies to all orders for catering services submitted by you. By ordering catering services from us, you agree that you have read, understood and accept the terms and conditions of our Catering Policy and agree to be bound by our Catering Policy.

(c)             To view out Catering Policy, please visit https://www.thrivecatering.org.nz/catering-policy.

6.              Pricing and Quotes:

(a)            We will supply catering services to you at the prices stated in our catering menu available through our website, or where we have provided to you a specific quote, at the price quoted by us.

(b)            While we endeavour to ensure prices stated in our catering menu are accurate as at the time of publication, we reserve the right to update our catering menu and alter the prices stated in our catering menu from time to time and without further notice to you. Where any price changes after you have made an order for catering services, we will contact you.

(c)             We reserve the right to revise any quote or to change or cancel your order where you wish to update your order, or due to any unforeseen event which materially affects the price of your order or our delivery of the catering services. In the event we revise any quote, or change or cancel your order, we will contact you.

(d)            Unless otherwise stated, all prices stated in our catering menu or quoted by us are in New Zealand dollars ($NZD) and are exclusive of Goods and Services Tax (“GST”). GST will be payable by you in addition to the stated or quoted price.

(e)            Additional fees, including delivery fees and charges relating to dietary requirements, may be payable by you in accordance with our Catering Policy.

7.              Variations: Subject to clause 6 above, no variation to your order of catering services will be effective except where we agree with you otherwise.

8.              Minimum Orders:

(a)            When you make an order for catering services, our Catering Policy may require you to confirm a guaranteed minimum number of persons to whom the catering services will be delivered, a minimum price value for your order, and/or a minimum order of specific food items from our catering menu prior to your order being accepted by us.

(b)            We may refuse your order if it does not meet the minimum order requirements as set out in our Catering Policy.

9.              Payment:

(a)            Following acceptance of your order for catering services, we will invoice you for the full price of the catering services, less any deposit already paid by you in accordance with subclauses (c) and (d) below.

(b)            Unless otherwise agreed by us or required by use under subclause (e), you must pay to us all invoiced amounts on or before the 20th day of the month following our delivery of the catering services, and otherwise in accordance with the requirements stated on the invoice.

(c)             We may, in our discretion, require you to pay a deposit upon our acceptance of your order for catering services of no more than 20% of the total price for your order as stated in our catering menu, or where we have provided to you a specific quote, the price quoted by us.

(d)            Where we require a deposit from you, you must pay the deposit to us immediately upon our acceptance of your order, to the bank account advised by us to you.

(e)            We may make online payment options available to you via our website. Where we do so, we may require you to pay the full price for your order of catering services at the time your order is accepted by us.

(f)             We may, upon further agreement with you, establish direct credit arrangements with you to facilitate payment for the catering services.

10.           Default of Payment: Where you fail to pay any amount in accordance with clause 9 above, we may, in addition to any other rights and remedies set out in these Terms and otherwise available to us at law:

(a)            charge to you default interest on the amounts unpaid at a rate of 5.00% per annum from the due date until the date of full payment; and

(b)            charge to you all reasonable expenses (including legal costs) incurred by us as a result of your default of payment.

11.           Delivery: We will deliver catering services to you in accordance with our Catering Policy. We reserve the right to charge delivery fees in accordance with our Catering Policy.

12.           Food Handling:

(a)            You must handle all food items supplied by us to you through our catering services in accordance with the instructions provided by us to you from time to time.

(b)            All food items are strictly for consumption on the day of delivery of our catering services, within the timeframes specified by us to you from time to time.

(c)             Unless otherwise agreed between you and us, you must discard all excess or leftover food after the timeframes specified to you under subclause (b) above.

13.           Marketing: Unless otherwise agreed between you and us, you authorise us to take photographs at events for which we supply catering services for our own marketing purposes.

14.           Staff Harassment: Any harassment of our employees or contractors is expressly prohibited. Where we become aware of any harassment of our employees or contractors, we will inform you (or your on-site contact person), who must prevent further harassment. Should such harassment continue, we reserve the right to withdraw our employees or contractors and cease the provision of catering services, and in such case you will remain liable to pay the price for the catering services in full.

15.           Liability:

(a)            To the maximum extent permitted by law, we will not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including (without limitation) lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of our website, or in relation to our catering services.

(b)            We will not be liable to you for any delay or non-performance of our obligations under these Terms to the extent that such delay or non-performance is caused by an event or circumstance which is outside our reasonable control.

(c)             Where we are found liable to you for any reason despite these Terms excluding our liability, our maximum aggregate liability to you will be limited to the price of the catering services paid by you to us.

(d)            No warranty, condition or guarantee either express or implied is given by us as to the quality, state or condition of any catering services or food items, or as to their appearance, content or fitness for any particular purpose.

16.           Equipment:

(a)            In providing catering services to you, we may lease to you equipment as may be agreed between you and us, and which may be subject to further terms and conditions.

(b)            Title and ownership of any equipment supplied by us to you will remain with us at all times.

(c)             You must return any equipment leased from us on the day after the catering services are delivered to you, or in accordance with our reasonable directions from time to time. Where any equipment is not returned to us, you will be liable to pay to us (at our discretion) either the replacement cost of the equipment not returned, or a reasonable late hire charge as determined by us for the period up until the date that the equipment is returned.

(d)            Where we agree with you that we will collect leased equipment from you, we reserve the right to charge to you a return fee in accordance with our Catering Policy.

(e)            You will be liable to us for any repair or replacement costs of any hired equipment if the hired equipment is damaged, destroyed, or confiscated in any way, including (but not limited to) misuse, wilful damage, accidental damage, fire, theft or graffiti.

17.           Privacy: Your submission of personal information through our website is governed by our Privacy Policy. Our Privacy Policy is available at https://www.thrivecatering.org.nz/privacy-policy.

18.           Cancellation: You may cancel an order for catering services by notice to us in writing, in accordance with our Catering Policy. We reserve the right to charge to you a cancellation fee in accordance with our Catering Policy.

19.           Termination: We may terminate any order for catering services (and no further catering services will be supplied to you) at any time by way of written notice to you if:

(a)            you become insolvent;

(b)            you become subject to the appointment of a receiver, manager, liquidator, or statutory manager;

(c)             you commit an act of bankruptcy;

(d)            you materially breach these Terms or our Catering Policy; or

(e)            in our reasonable opinion, you are unable or unlikely to be able to comply with your obligations under these Terms.

20.           Indemnity: You agree to indemnify us and hold us harmless from and against any losses, damages, costs, liabilities and expenses (including legal expenses), and any claim or demand made by any third-party due to, or arising out of, your breach of these Terms.

21.           Website Disclaimers:

(a)            The information presented on or through our website, including through our catering menu, is made available solely for general information purposes. We provide no warranty as to the accuracy or completeness this information. You acknowledge and agree that prices of individual items listed in our catering menu may change, and are subject always to availability.

(b)            Any reliance you place on information presented on or through our website is strictly at your own risk. To the extent permitted by law, we disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to our website, or by anyone who may be informed of any of its contents. We reserve the right to correct errors in any such information.

(c)             While we take all reasonable steps to ensure the safety of this website, we do not warrant or represent that this website is or will be free or secure from viruses or other malicious code.

(d)            We reserve the right to alter or update our website, and any information we provide on our website. We reserve the right to correct any error on our website, including any errors in relation to our catering menu and pricing.

(e)            You agree that from time to time we may suspend access to our website for indefinite periods of time, or cancel your access to our website and our catering services at any time, without notice to you.

(f)             Your use of our website is at your sole risk, and this website is provided on an “as available” basis. We provide no warranty that:

(i)              our website and your access to our online store will be uninterrupted, timely, secure, or error-free;

(ii)            the quality of any services, information, or other material provided to you through our website will meet your expectations; or

(iii)           any errors on our website will be corrected. 

(g)            You expressly understand and agree that to the maximum extent permitted by law, we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data or other intangible losses resulting from your use of our website or your reliance on any website content.

(h)            These exclusions do not affect any rights which may not be excluded under the Consumer Guarantees Act 1993.

22.           Prohibited Uses: You are prohibited from using our website or its content:

(a)            for any unlawful, obscene or immoral purpose;

(b)            to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(c)             to submit false or misleading information;

(d)            to upload or transmit virus or any other type of malicious code;

(e)            to interfere with the security features of our website; or

(f)             to collect or track the personal information of others.

23.           Intellectual Property:

(a)            Our website, its contents, its features and functionality are either owned by us, the parties we licence such material from, or the provider of such material, and are protected by New Zealand law.

(b)            No right, title or interest in or to our website or any content, features or functionality on our website is transferred to you. Any use of our website or its contents not expressly permitted by these Terms constitutes a breach of these Terms, and may also violate copyright, trademark and other laws.

(c)             You are not permitted to copy, reproduce, alter, modify, create derivative works, publicly display, broadcast or stream any content from our website, without our prior express written permission.

(d)            Where we provide a link on our website to the website of a third party, the use of that third party website is governed by the terms set out by that third party. We do not accept any responsibility or liability for your use or access to any third party website.

24.           General:

(a)            We may amend, update, change or replace these Terms from time to time without prior notice. Please check our website periodically for changes. Your continued use of, or access to, this website or your purchase of our catering services following the posting of any changes to these Terms constitutes acceptance of those changes.

(b)            If any provision of these Terms are held by any court to be illegal, void or unenforceable, such determination shall not impair the enforceability of the remaining provisions.

(c)             Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

(d)            These Terms, and your use of this website, are governed by and construed in accordance with the laws of New Zealand, and you agree that the Courts of New Zealand have the non-exclusive jurisdiction to hear and determine any proceedings brought in relation to these Terms, and your use of our website.

25.           Contact: If you have questions, please contact us by email at maree@citymission.org.nz or by post at Thrive Catering, PO Box 1032 Christchurch, 8140, New Zealand.