Terms of Use

These Terms of Use (“Terms”) apply to your use of the Munch mobile application, website, business platform and related services (together, the “Munch Platform”).

The Munch Platform is operated by Munch (“Munch”, “we”, “us” or “our”).

By creating an account or using Munch, you agree to these Terms.

Munch connects consumers with participating restaurants, cafés, bars and other food and beverage businesses offering discounts, promotions and other offers during selected periods.

Munch may allow:

• Consumers to discover nearby businesses and offers
• Consumers to save and redeem deals
• Businesses to create and manage listings
• Businesses to publish deals and promotions
• Businesses to measure deal performance and redemptions
• Users and businesses to access other features introduced by Munch

We may change or expand the functionality of the Munch Platform over time.

You may need an account to use certain Munch features.

You agree to:

• Provide accurate information
• Keep your information reasonably up to date
• Keep your login details secure
• Not allow another person to misuse your account
• Notify us if you believe your account has been compromised

You are responsible for activity carried out through your account to the extent permitted by law. You must not create accounts using false or misleading information.

If you are under 18, you should use Munch only with the permission of a parent or legal guardian.

Some participating businesses may offer products or services subject to legal age restrictions. You are responsible for satisfying any applicable age requirement, and businesses may require acceptable identification.

Businesses may publish discounts, promotions or other offers (“Deals”) through Munch. Each Deal may have specific conditions including:

• Start and end times
• Valid days
• Participating locations
• Minimum spend
• Product exclusions
• Quantity restrictions
• Redemption limits
• Availability restrictions
• Other conditions displayed with the Deal

You are responsible for reviewing the conditions before attempting to redeem a Deal.

Unless otherwise stated, Deals:

• Cannot be exchanged for cash
• Cannot be transferred or resold for commercial purposes
• Cannot be combined with other promotions unless permitted by the business
• Must be redeemed using the method shown in Munch
• May be subject to availability

Participating businesses are responsible for the products and services they sell.

Businesses are responsible for:

• Their food and beverages
• Product quality and safety
• Allergen and dietary information
• Pricing
• Service
• Opening hours
• Deal availability
• Compliance with applicable laws
• Age-restricted products
• Information included in their listings

Businesses must ensure that offers they publish through Munch are accurate, clear and not misleading.

Businesses must honour valid Deals in accordance with the conditions displayed while those Deals are active, subject to applicable law and any clearly disclosed availability limitations.

Munch may remove or correct a listing or Deal that we reasonably believe is inaccurate, misleading, unlawful, expired or otherwise unsuitable for the Platform.

Unless expressly stated otherwise, Munch provides a technology and promotional platform connecting users with independent businesses. The participating business, rather than Munch, supplies the food, beverages and other goods or services purchased from that business. A transaction with a participating business is therefore generally between you and that business.

Munch does not own or operate participating venues unless expressly stated. This does not affect any separate service that Munch directly supplies to you, including any paid Munch subscription.

Deals must be redeemed legitimately and in accordance with the instructions shown in Munch.

You must not:

• Redeem the same single-use Deal more than once
• Manipulate redemption records
• Create multiple accounts to avoid Deal restrictions
• Share single-use redemption codes without permission
• Create fraudulent transactions
• Use automated methods to obtain or redeem Deals
• Interfere with Munch’s redemption systems
• Exploit technical bugs or errors

We may cancel a redemption, suspend an account or investigate activity where we reasonably suspect fraud or misuse.

If you create, claim or manage a business on Munch, you confirm that:

• You are authorised to act for that business
• Information you provide is accurate
• You have permission to provide business logos, photographs and other content
• You will keep listings and Deal information reasonably current
• Your promotions comply with applicable laws
• You will not publish misleading prices, discounts or claims
• You will honour Deals according to their published conditions
• You will comply with relevant food, health, safety, licensing and consumer obligations

Munch may request reasonable information to verify your authority to represent a business.

We may suspend a business listing if we cannot verify the business or reasonably believe that the listing presents a legal, security, fraud or consumer-protection risk.

Some Munch services may be free and others may require payment.

Where a fee applies, the relevant:

• Price
• Billing period
• Renewal arrangement
• Included features
• Cancellation conditions

will be displayed before you purchase the service or otherwise agreed with you.

If a subscription automatically renews, this will be disclosed as part of the subscription process. You are responsible for cancelling a subscription using the relevant cancellation method if you do not want it to renew.

Where a subscription is purchased through an app store or third-party payment provider, its billing and payment processes may also apply.

Nothing in these Terms limits any refund or other right you have under applicable New Zealand consumer law.

Munch may charge participating businesses fees for services such as:

• Business subscriptions
• Premium listings
• Advertising or promotion
• Additional business tools
• Transaction or redemption services
• Other optional services

Any applicable business fees will be disclosed or agreed with the business before they are charged. Unless stated otherwise, applicable New Zealand GST will be handled as required by law.

You may be able to submit content including:

• Business descriptions
• Logos
• Photographs
• Menus
• Deal information
• Reviews or feedback
• Other materials

You retain ownership of content you own.

By submitting content to Munch, you grant Munch a non-exclusive, worldwide, royalty-free licence to host, reproduce, display, adapt and distribute that content as reasonably necessary to:

• Operate Munch
• Display your listing or content
• Promote Deals
• Promote participating businesses
• Market the Munch Platform

This licence ends when the content is removed from Munch, except where continued use is reasonably necessary for existing marketing materials, legal records, backups or other legitimate purposes.

You must not submit content that:

• Infringes another person’s intellectual property
• Is unlawful
• Is deceptive or misleading
• Is defamatory
• Contains malicious software
• Is abusive or threatening
• Infringes another person’s privacy

Munch and its licensors own all intellectual property rights in the Munch Platform, including its:

• Software
• Brand
• Logos
• Designs
• Interface
• Graphics
• Platform technology
• Original content

Except as permitted through normal use of Munch, you may not copy, modify, distribute, reverse engineer, sell or commercially exploit the Munch Platform without our permission.

You must not use Munch to:

• Break the law
• Commit fraud
• Harass another person
• Impersonate another person or business
• Scrape the Platform at scale without permission
• Access another user’s account
• Introduce malware
• Circumvent security measures
• Interfere with Munch’s systems
• Manipulate ratings, redemptions, analytics or business performance information
• Use the Platform in a way that materially harms Munch, participating businesses or other users

We aim to provide a reliable service, but Munch may occasionally be unavailable because of:

• Maintenance
• Updates
• Technical problems
• Internet or telecommunications failures
• Third-party service failures
• Events outside our reasonable control

We do not guarantee that every feature will always be available.

We may modify, add or discontinue features where reasonably necessary.

Businesses may sell out of products, change opening hours or experience circumstances affecting a Deal.

Munch and participating businesses should take reasonable steps to keep Deal information accurate. If we become aware of an obvious pricing, technical or listing error, the Deal may be corrected or removed.

Nothing in this section permits Munch or a participating business to avoid obligations imposed by applicable consumer law.

Munch may contain links to, integrate with or rely upon third-party websites, maps, payment services or other technology. Independent third parties operate their own services under their own terms and policies.

Munch is not responsible for independent third-party services except to the extent required by law.

You may stop using Munch at any time.

We may suspend or terminate an account where we reasonably believe that:

• These Terms have been materially breached
• Fraud or Deal abuse has occurred
• The account creates a security risk
• The user is impersonating another person or business
• Continued access may expose Munch or others to legal harm
• Suspension is required by law

Where appropriate, we may provide notice and an opportunity to address the issue. Serious fraud, security risks or unlawful activity may result in immediate suspension.

Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded under New Zealand law. This includes rights that may apply under the:

• Consumer Guarantees Act 1993
• Fair Trading Act 1986

Where those laws apply, they take priority over any inconsistent provision of these Terms.

To the maximum extent permitted by law, Munch is not responsible for losses arising solely from the acts or omissions of an independent participating business, including the quality, preparation or supply of products sold directly by that business. Munch remains responsible for its own obligations to the extent required by law.

To the extent permitted by law, Munch will not be liable for indirect or consequential losses that were not reasonably foreseeable. Nothing in these Terms excludes liability that cannot legally be excluded or limited.

Business users. Where you use Munch for business purposes, any limitation of liability will apply only to the extent permitted by law. Unless otherwise agreed in writing, and to the extent legally permitted, Munch’s aggregate liability to a business arising from the Munch services will not exceed the fees paid by that business to Munch during the 12 months immediately preceding the event giving rise to the claim. This limitation does not apply to fraud, wilful misconduct or liability that cannot legally be limited.

Our collection and handling of personal information is governed by the Munch Privacy Policy. By using Munch, you acknowledge that you have had the opportunity to review that policy.

We may update these Terms where reasonably necessary, including when:

• We introduce new features
• Our business model changes
• Legal requirements change
• We need to address security or operational issues

The current Terms will be available through the Munch Platform or website.

If a change materially affects your rights or obligations, we will take reasonable steps to notify you before it takes effect. Where appropriate, you may stop using or cancel the affected service if you do not agree to the updated Terms.

If you have a problem with Munch, please contact us first so we can attempt to resolve it. For an issue relating to food, beverages, customer service or another product supplied by a participating business, you should generally contact the relevant business first.

Nothing in this section prevents you from exercising any legal right or using any dispute-resolution process available to you under New Zealand law.

These Terms are governed by the laws of New Zealand. Subject to any rights you have under mandatory applicable law, disputes relating to these Terms may be dealt with by the courts and tribunals of New Zealand.

If any part of these Terms is found to be unlawful or unenforceable, the remaining provisions will continue to apply to the extent legally possible.

Questions about these Terms can be sent to:

Munch
Auckland
admin@munchapp.co.nz