Welcome to Food&Me. These Terms & Conditions ("Terms") constitute a legally binding agreement between you and Food&Me, concerning your access to and use of our websites, applications, integrated Point of Sale (POS) ecosystem, and online ordering channels (collectively, the "Services").

• If you are a hospitality business using our ecosystem, you are a "Merchant" and subject to the Merchant Terms (Part B).
• If you are a consumer using our platform to order food or beverages, you are a "Customer" and subject to the Customer Terms (Part C).

By accessing or using our Services, you agree to be bound by these Terms.

Part B: Merchant Terms (Merchants)

These terms apply to any hospitality business, venue, or organization ("Merchant") using the Food&Me ecosystem, including the POS platform, digital ordering channels, subscription packages, and associated hardware.

B1. 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.

B2. 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.

B3. 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.

B4. 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.

B5. 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.

B6. 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.

B7. 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.

Part C: Customer Terms (End-Users)

These terms apply to any individual utilizing the Food&Me websites, applications, or QR code ordering channels to purchase food, beverages, or services from a partnered Merchant.

C1. Ordering and Acceptance

• Platform Role: Food&Me acts as a technology intermediary connecting you with partner Merchants. When you place an order through our platform, you are making a direct offer to purchase from that specific Merchant.
• Order Confirmation: All orders are subject to acceptance by the Merchant. An order is only finalized when the Merchant accepts it through their POS system. Merchants reserve the right to reject orders due to stock shortages, kitchen capacity, or delivery zone restrictions.
• Alcohol Sales: If your order includes alcohol, you agree that you are of legal drinking age in your jurisdiction (New Zealand or Australia). You may be required to present valid photo identification upon delivery or collection.

C2. Pricing, Fees, and Payment

• Merchant Pricing: All food, beverage, and menu prices are set entirely by the respective Merchant and may differ from in-store prices.
• Additional Fees: Your final checkout total may include delivery fees, service fees, or minimum order surcharges. These will be clearly itemized before you finalize payment.
• Payment Processing: Payments are processed securely via our integrated payment gateway. You agree to provide valid, up-to-date payment information to fulfill your order.

C3. Delivery and Collection

• Estimated Times: Delivery and preparation times displayed on the platform are estimates only and are not legally binding guarantees. External factors such as traffic, weather, and peak venue hours may cause delays.
• Customer Availability: You are responsible for ensuring a safe drop-off location and being available to receive the order. If a delivery partner cannot reach you after reasonable attempts, the order may be canceled without a refund, or left in a safe place at your own risk.
• Collection: For pick-up or self-service orders, you are responsible for arriving at the Merchant's venue at the designated time.

C4. Allergen and Dietary Disclaimer

• No Handling Liability: Food&Me provides the technology platform but does not prepare, cook, handle, or package any food or beverages.
• Information Accuracy: All menu information, including dietary tags (e.g., vegan, gluten-free, halal) and allergen warnings, is provided and maintained strictly by the Merchant.
• Customer Responsibility: We cannot guarantee that any item is entirely free of allergens. If you have severe allergies or strict dietary requirements, you must contact the Merchant directly prior to placing your order to confirm they can safely accommodate you. Food&Me assumes no liability for allergic reactions, illness, or injury resulting from items ordered via the platform.

C5. Refunds and Disputes

• Issue Resolution: If you experience an issue with your order (e.g., missing items, incorrect meals, or unacceptable quality), you must contact the Merchant directly within a reasonable timeframe (typically 24 hours) of receiving the order.
• Evidence: We or the Merchant may require photographic evidence of the issue to process a refund or account credit.
• Discretion: Refunds are issued at the sole discretion of Food&Me and the partnered Merchant, based on the specific circumstances of the dispute.