1. INFORMATION ABOUT US
GIMME – Delivering local Mobile Application is jointly operated by Bread Private Limited and Rohuma LLC (“we”, “us” or “GIMME”). Bread Private Ltd is incorporated and registered in New Zealand and Rohuma LLC a technology company incorporated and registered in Delaware USA. GIMME is a business where food, alcohol, flowers are sold and delivered by us and supported through a network of independent restaurants and stores (“Partner Stores”).
2. ACCESSING OUR SERVICE OR OUR SERVICES
Access to our Mobile Application or to our Service is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Mobile Application or our Service without notice. We will not be liable if, for any reason, our Mobile Application or our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Mobile Application or our Service, to users who have registered with us. You are responsible for maintaining the confidentiality of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact [email protected] straight away to let us know.
Our Service is to provide an online ordering, delivery service platform for you, the Customer. The customer places the order with GIMME and all transactional relationships are held by GIMME including data and payment processing.
4. ORDERS, AVAILABILITY & DELIVERY
When you place an order through our Mobile Application, it needs to be accepted on the Mobile Application before it is confirmed. We will send you a notification once your order has been accepted. The contract for the supply of any Item you have ordered through us will come into play once you have placed your order, payment has been made successfully and GIMME has accepted your order. All Items are subject to availability. Please make sure that you have given us a correct email address and phone since these are the primary ways we will communicate with you in regards to your Order.
Please also ensure that you provide the correct delivery address to ensure a successful delivery, as at the point of delivery the Mobile Application and phone will be the primary source of communication with you.
If you do not answer the door at the designated delivery address or do not respond to a phone call within 5 minutes of our delivery drivers reaching your address, the Delivery Gopher will leave your order at the designated address and take a picture and mark your order as delivery complete.
Please note, alcohol orders cannot be left unattended as verification of age and intoxication needs to be checked. In this case if an alcohol order cannot be delivered for any reason, your GIMME Gopher will return the alcohol to the partnered store. You will be refunded for the alcohol purchased, the delivery fee charged at the time of purchase will not be refunded and you will be charged a return fee.
GIMME aims to provide the best and most efficient delivery service possible. Please review your order carefully or ask us before ordering if you have an allergy. We will do our best to ensure that your order is delivered by the estimated delivery time given to you at the time of ordering. On occasions factors, such as traffic, weather, and incidents out of our control may prevent us from achieving our estimated delivery time. When a delay with delivery occurs we will do our best to make contact with you to communicate the delay. The estimated delivery time of your order is calculated basis order preparation time and distance to your delivery address.
5. LOCATION USES AND PERMISSIONS
GIMME is a food delivery service app, due to the nature of our app, the User(s) current location is needed to fulfill the order(s). Geo Location Services are also used to track and show the location of the GIMME Delivery Partner. GIMME does not share location data and is following all guidelines and best practices of the iOS and Google/Android Store. User(s) may deny the use of their Location, however the GIMME app may not perform as designed or work at all. Delivery and Fulfillment will also not be usable without the Location Services being permitted.
6. REFUND POLICY
All refunds are completely at the discretion of GIMME. If for any reason you are not completely satisfied with the service you receive from GIMME please contact us at [email protected].
Prior to processing any refunds or account credit, GIMME will take into account relevant factors including the details of the order, your account history, delivery circumstances and information from the Partnered Store.
All refunds will take up to 5-8 business days from the date of refund to show in your account.
7. SALE OF ALCOHOL
GIMME trades under Liquor License number 60/OFF/35/2020 which has an expiry date of 9th April 2023. GIMME accepts alcohol delivery orders between the hours of 11.00am and 10pm and does not deliver alcohol on Good Friday, Easter Sunday, Christmas Day, and Anzac Day before 1pm.
GIMME will not sell alcohol to anyone who is under the age of 18, it is also illegal to buy alcohol if you’re under the age of 18 and under the Sale and Supply of Alcohol Act 2012 is an offence liable on conviction to a fine of up to $2,000.
GIMME takes delivering alcohol seriously and is required to comply with the law. Only persons aged 18 years and older are able to order alcohol from GIMME and we will require age verification upon delivery of your order. Only valid government-issued photo ID only will be accepted: Any current passport, a current New Zealand driver licence, a Hospitality NZ 18+ Card or a Kiwi Access Card.
Alcohol orders must be received by you in person and will not be left unattended for any reason and identification must be verified at the point of delivery.
GIMME reserves the right to refuse delivery for any reason, including, but not limited to, the recipient is not present. if they don’t have a valid ID, if they are under 18, if they are believed to be intoxicated (at our discretion), or we believe (at our discretion) the alcohol is intended for a minor.
If the alcohol cannot be delivered for any reason, your GIMME Gopher will return the alcohol to the partnered store. You will be refunded for the alcohol purchased, the delivery fee charged at the time of purchase will not be refunded and you will be charged a return fee.
By placing an alcohol order with GIMME and agreeing to the Terms & Conditions you’re confirming that you (the purchaser) and the receiver are aged 18 years or older and legally allowed to purchase alcohol in New Zealand.
You are responsible for observing local laws around where you can consume or possess alcohol. We encourage the consumption of alcohol to be in moderation and within a safe and responsible environment.
You may cancel an order without charge at any time before your order has been accepted.. If you wish to cancel an order please click “CANCEL ORDER” on the orders page in the Mobile Application and GIMME will refund you the money. If cancellation is made before your order is accepted, we will refund your payment including delivery charge using the same payment method as you used to originally pay for the order. Please note refunds may take 5 days from the date of refund to show in your account.
You can cancel an order after it has been accepted by contacting us directly on 0224767358, and we will examine the circumstances to process the request and GIMME reserves the right to decline or approve the request. GIMME and the Partner Store may notify you that an order has been cancelled at any time. You will not be charged for any orders cancelled by us and we will reimburse you for any payment already made using the same method you used to pay for your order.
9. PRICES, PAYMENT
Prices include GST. Prices are subject to change at any time at the discretion of GIMME . No price changes will affect orders after an order has been confirmed. The total price of your order will be set out on the checkout page on our Mobile Application, including the prices of Items and delivery and applicable service fees and taxes.
Payment for all Items and deliveries can be made on our Mobile Application by credit or debit card. Once you confirm your order at checkout your credit or debit card will be authorized and the total amount marked for payment. Payment may also be made by using GIMME vouchers or account credit. Use of these is subject to GIMME Voucher and Account Credit Terms.
In the unlikely event that GIMME cannot complete your order, we reserve the right to refuse or cancel your order. You will not be charged for any orders cancelled by us, and we will promptly reimburse you for any payment already made using the same method you used to pay for your order.
10. OFFERS & PROMOTIONS
Special offers available from time to time through our Mobile Application. These promotions are at the discretion of GIMME. Unless the promotion terms state a fixed or minimum period for which an offer will be available, it can be withdrawn at any time, unless you have already placed an order based on the offer and we have confirmed the order.
GIMME aims to provide the most efficient delivery service possible. We will do our best to ensure that your order is delivered by the estimated delivery time given to you at the time of ordering. On occasions factors, such as traffic, weather, and incidents out of our control may prevent us from achieving our estimated delivery time. When a delay with delivery occurs we will do our best to make contact with you to communicate the delay. The estimated delivery time of your order is calculated based on preparation time and distance to your delivery address.
12. OUR LIABILITY
To the extent permitted by law, GIMME provides our Service and content on an “as-is” and “as available” basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, neither GIMME nor indirectly any Partner shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Service. In the event that GIMME or the Partner Store is found to be liable to you, our total aggregate liability is limited to the final price of the Product(s) you have paid for in your order. This does not include or limit in any way GIMME or any Partner’s liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, or it’s liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
13. EVENTS OUTSIDE OUR CONTROL
No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, pandemic, explosion, or civil commotion. For the avoidance of doubt, nothing in clause 11 shall excuse the Customer from any payment obligations under this Agreement.
Neither you, GIMME, nor the Partner Store shall be responsible to the others for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion, or civil commotion.
If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.
16. ENTIRE AGREEMENT
These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.
17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18. LAW AND JURISDICTION
19. TERMS AND CONDITIONS FOR MAGIC PASS MEMBERSHIP
These terms and conditions for GIMME MAGIC PASS govern your purchase and use of a Magic Pass, which is a subscription that renews automatically (the “Program” or “Magic Pass”) offered by BREAD PRIVATE LTD, (“GIMME” or “we”). Participation in the Program is subject to these terms and conditions for Magic Pass GIMME is a technology platform / company which provides mobile applications for users to arrange and schedule transportation and/or delivery services with GIMME Delivery Partners under agreement with GIMME or certain of GIMME’s affiliates. GIMME MAGIC PASS Memberships are provided in connection with use of the GIMME App.
20. HOW GIMME MAGIC PASS MEMBERSHIP WORKS
You may receive an offer in-app or by email for specific renewable benefits, free delivery and discounts that can be applied on GIMME App purchases (“Offer”). Each Offer will include important details and terms, such as where and when a Magic Pass may be used, the benefit(s) conferred by the Magic Pass (“Magic Pass Benefits”), the cost of the Magic Pass (“Membership Fee”), and the billing interval (“Billing Cycle”). Please refer to your Offer for details before purchasing the Magic Pass. When you buy a Magic Pass you agree to have your credit card charged every Billing Cycle on a recurring basis, you agree to these Magic Pass Terms, as well as the specific terms of the Offer. Offers are limited and subject to change.
By participating in this Program you are agreeing to these Magic Pass Terms. If you do not agree to these Magic Pass Terms, do not participate in the Program.
21. MEMBERSHIP BILLING CYCLE / MEMBERSHIP FEE TERMS
When you buy a Magic Pass, you’ll be charged the Membership Fee for your first Billing Cycle on the date of purchase, which activates the Magic Pass for the term set forth in your Offer. Unless you cancel, you’ll be charged at the Billing Cycle stated in your Magic Pass Offer based on the initial purchase date on your selected payment method. BY DEFAULT (AND WITH PRIOR NOTICE TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR MAGIC PASS WILL AUTOMATICALLY RENEW AT THE BEGINNING OF EACH BILLING CYCLE, AND THE MEMBERSHIP FEE WILL BE AUTOMATICALLY CHARGED TO YOUR SELECTED PAYMENT METHOD. If you do not want your Magic Pass to automatically renew, you can cancel your subscription.
If your selected payment method is declined, GIMME will prompt you for a new payment method but reserves the right to terminate any unpaid periods in your Magic Pass with no further charges to you. GIMME will also automatically retry failed payments periodically over the course of your billing cycle to help you get back to enjoying the benefits of your membership. GIMME and/or its parent, subsidiaries and/or affiliates are not responsible for any fees charged by the cardholder’s bank including, but not limited to, overdraft fees, insufficient funds fees, interest charges, foreign exchange fees, cross border fees, and other penalties levied by the cardholder’s bank.
22. CANCEL YOUR MAGIC PASS
You may cancel your Magic Pass within the applicable GIMME App up to 48 hours prior to your next scheduled payment to avoid further charges.
If you cancel your Magic Pass, you will still have access to your Magic Pass Benefits until the end of the current Billing Cycle. All payments are non-refundable and non-transferable, and will not be refunded for any cancellation initiated during a Billing Cycle.
23. CHANGES TO GIMME MAGIC PASS
GIMME reserves the right to modify or stop offering GIMME MAGIC PASS or change Membership Fees, Magic Pass Benefits or route prices, at any time in its sole discretion. In the event GIMME increases the Membership Fee of a Magic Pass, we will provide you with thirty (30) days prior notice via email before such changes take effect. All changes will be effective upon your next Billing Cycle, but if you do not agree with the price change, you have the right to reject the new Membership Fee and may avoid these charges by canceling your Magic Pass.
GIMME may terminate your Magic Pass at our discretion without notice. If that happens, GIMME will give you a pro-rated refund based on charges already applied to your current billing period. We will not give any refund for termination related to conduct that we determine, in our sole discretion, violates these Magic Pass Terms, any applicable law, or involves fraud or misuse of the Magic Pass.
24. CHANGES TO MAGIC PASS TERMS
GIMME reserves the right to modify these Magic Pass Terms. If we make material changes to the Magic Pass Terms while you have an active Magic Pass, we will notify you either in the Magic Pass section of the applicable GIMME App and/or via email. Revised Magic Pass Terms become effective at the beginning of the next Billing Cycle and your continued use of a Magic Pass constitutes your acceptance of the revised Magic Pass Terms. If you are not willing to agree to the revisions, you may cancel your Magic Pass.
25. TRANSFER OF RIGHTS
GIMME’s rights and obligations under the Program may be assigned or transferred by GIMME to any other related or unrelated entity at any time, and performances shall be the responsibility of that entity.
26. INTERPRETATION OF MAGIC PASS TERMS
All interpretations of these Magic Pass Terms will be at GIMME’s sole discretion and GIMME’s decisions will be final.
The Program and/or any of its features may be unavailable, inaccurate or interrupted from time to time for a variety of reasons. We are not responsible for any unavailability, interruptions or errors of the Program or its features. GIMME may from time to time request information from you to confirm your identity before renewing your Magic Pass. GIMME may delay your access to your Magic Pass until you comply with this information request. The Program and all the information accessible through it are provided for information purposes only on an “as is” and “as available” basis. We, our information providers and their agents make no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, or completeness, the operation of the Program, the information, materials, content, availability, and products. GIMME MAGIC PASS and these Magic Pass Terms are provided by GIMME and do not modify the contractual relationships among or between the individuals and entities that use GIMME’s technology to offer goods or services, and GIMME or any GIMME, except as expressly set forth herein. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
28. UNSUBSCRIBE OR STOP
By Signing up for our service, you consent to receiving emailers and texts from us on activities and promotions done by us from time to time. To opt out of getting these, please send an email to us on [email protected] with email text stating “Unsubscribe” or “Stop