Terms & Conditions
Please review the legal frameworks, rules, and merchant agreements governing the use of the Food&Me platform and services.
Welcome to Food&Me. These Terms & Conditions ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("Merchant," "you," or "your") and Food&Me, concerning your access to and use of our websites (foodandme.co, foodandme.co.nz, and foodandme.com.au), hardware bundles, integrated Point of Sale (POS) ecosystem, self-ordering kiosks, and online ordering channels (collectively, the "Services").
By accessing or using our Services, you agree that you have read, understood, and agreed to be bound by all of these Terms. If you do not agree with all of these Terms, you are expressly prohibited from using our Services and must discontinue use immediately.
1. Eligibility and Account Registration
To access our hospitality platform, ecosystem features, or subscription packages, you must satisfy the following conditions:
- You must register a merchant account by providing accurate, current, and complete corporate billing information.
- You are solely responsible for maintaining the confidentiality of your account credentials, passwords, and POS backend access details.
- You agree to notify us immediately at Sales@posmate.co.nz upon discovering any unauthorized entry or security breach concerning your account.
2. Subscription Plans, Fees, and Payments
Food&Me operates an online software-as-a-service model alongside equipment provisioning under the following terms:
- Subscription Billing: Subscription fees (Starter, Growth, or Pro plans) are billed on a recurring monthly cycle. All fees are exclusive of local taxes (such as NZ GST or AU GST) unless explicitly stated otherwise.
- No Hidden Fees Policy: We do not levy hidden fees. Transactional processing charges or card gateway assessments are itemized directly via our integrated payment processing partners.
- Cancellation Policy: You may cancel your subscription service package at any time through your dashboard or by notifying local support. Cancellations take effect at the end of your current monthly billing cycle. No partial refunds are provided for mid-month service termination.
3. Hardware, Setup Assistance, and Deliveries
For merchants purchasing or leasing hardware bundles (Touchscreen POS, Handheld Table Ordering terminals, EFTPOS systems, or Self-Ordering Kiosks):
- Setup Assistance: Free setup assistance is provided to configure your digital menu layout, web portal integration, and fundamental Google SEO optimization hooks.
- Equipment Care: Title to hardware sold passes to the merchant upon full settlement of invoices. If equipment is leased or included under specialized service packages, it must be returned in good operating condition upon contract cancellation.
4. Merchant Responsibilities and End-Consumer Orders
Food&Me acts as a connected technology provider. You acknowledge and accept the following structural operating rules:
- Menu and Pricing Accuracy: You are strictly responsible for maintaining correct item availability, dietary tags, alcohol verifications, and pricing matrices displayed on your branded ordering channels.
- Order Fulfilment: You retain complete liability for preparing food, routing internal or direct delivery components, managing real-time tracking accuracy, and ensuring customer safety.
- Customer Data Ownership: While Food&Me processes data to run your online operations, you own your customer list parameters. You agree to manage end-consumer data safely and in compliance with our active Privacy Policy.
5. Intellectual Property Rights
Unless otherwise indicated, the Platform, underlying source code, system configurations, layout wireframes, databases, audio, video, text, and visual designs are our proprietary intellectual property. No part of our platform or features may be copied, reproduced, aggregated, or commercially exploited without our prior express written permission.
6. Limitation of Liability
To the maximum extent permitted by law across New Zealand and Australia, Food&Me, its directors, and its partners (including POSmate) shall not be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, lost revenue, or data corruption arising from your use of the software, hardware delays, network disruptions, or payment processing offline failures.
7. Governing Law
These Terms and your use of our platform are governed by and construed in accordance with the laws of New Zealand (for operations based in New Zealand) and the laws of Australia (for operations based in Australia), without regard to conflict of law principles.
8. Contact and Support Information
If you have any questions, disputes, or clarifications regarding these Terms & Conditions, please contact our support desk managed through our corporate partner, POSmate:
- Company Partner: POSmate
- Phone: +64 9 930 6235
- Email: Sales@posmate.co.nz
- Address: 39 East Tamaki Road, Auckland, New Zealand