Terms & Conditions

  1. Introduction
    1. Welcome Meez’s website https://meez.co.nz// (“Site”). Art & Joe’s Limited (t/a Meez) (“Meez”, “we” or “us”) is a meal kit delivery platform based in Auckland, New Zealand that collaborates with premium New Zealand restaurants, chefs and suppliers (Partners) to facilitate delivery of meal kits, alcohol, retail products and other food and beverage products (Products) nationwide. Our website provides information to users about Meez, including without limitation, our company overview, information about our products, information about our company and Meez’s contact details (“Services”). If you want to get in touch with us regarding these terms, please email us at info@meez.co.nz
    2. We provide a platform for the sale and delivery of the Products and facilitate the transaction between you and the Partners. When purchasing any goods or Products, you are contracting directly with the Partner.
    3. You are agreeing to these Product Terms and Conditions and Website Terms of Use with Art & Joe’s Limited (t/a Meez), a company incorporated in New Zealand, with the company number 8181245, and having its registered office at 23 Ellerton Road, Mount Eden, Auckland, 1024, New Zealand and its subsidiaries and affiliates from time to time in respect to the Site and Services provided by Meez.
    4. If you are using the Site or Services on behalf of an organisation, you are irrevocably agreeing to these Terms for your organisation and promising to Meez that you have the authority to bind that organisation to these Terms (in which event, “you” and “your” will also refer to that organisation) unless that organisation has a separate contract in effect with us, in which event the terms of that contract will govern your use of the Services.
    5. These Products Terms and Conditions and Website Terms of Use (“Terms”), outline the terms regarding your purchase of the Products and use of the Site and Services. These Terms are a legally binding contract between you and Meez so please read carefully. If you do not agree with these Terms, do not continue to access the Site or purchase any Products and use any of the Services.
    6. The Site and Services include the platform including any applications, websites or other properties owned or operated by Meez’s.
    7. In exchange for you complying with the Terms at all times, we grant you a non-exclusive, non-transferrable worldwide licence to use and access the Services and Site on the terms set out herein.
  2. Privacy
    1. Through your use of the Site or Services, we collect certain information about you in accordance with our privacy policy — (“Privacy Policy”). You acknowledge your use of the Site or Services is subject to our Privacy Policy and understand that it sets out how Meez collects, stores and uses certain information.
  3. Changes To These Terms
    1. We reserve the right to modify these Terms at any time. We will post the most current version of these Terms on the Site. If we make any material changes to these Terms, we will notify you of any such changes on the Site. If you do not accept the changes, you must stop using the Site and Services. Continued use of the Site or Services after we notify you of such changes is deemed acceptance of the updated terms.
  4. Ordering
    1. You place your order for Products by using the online ordering process on our Site. This involves selecting the relevant Products you wish to include in your purchase and transmitting the order to us by clicking on the “Pay Now” button (the “Order”). This process permits you to check and amend any errors before placing an Order by using the internet browser back button.
    2. Your Order will be automatically allocated to the relevant Partner (as applicable) for fulfilment. Where you order from separate Partners, your Order will be fulfilled by each Partner and your will be collected (if collection is available) or delivered separately.
    3. Where your Order is to be collected (if collection is permitted by the relevant Partner), you must collect your Order from the Partner directly at the times and days notified by that Partner at the time of ordering. Any Orders that are not collected by you will remain available for your collection at reasonable times until such date the order is determined as spoiled by the Partner in its sole discretion.
    4. You must ensure that your Order and any other information you supply to us is correct and you must promptly update us by email if there are any changes.
    5. Your Order is an offer to buy on a one-off or recurring basis (as applicable). We will send you a confirmation email after your Order and this constitutes acceptance and is the point at which a binding legal contract is formed.
    6. Neither us nor any Partner is obliged to supply any Products which are unavailable (notwithstanding that your offer has been accepted). If any Products are unavailable, we will notify you of the unavailability as soon as possible and will arrange a refund or (if you would prefer) an account credit if you have been charged.
    7. The default method of communication for all correspondence from us will be over email, using the email provided on your account. In certain circumstances we may need to contact you over phone instead.
    8. Please ensure that you have read the Allergen Information section of these Terms and the Site prior to submitting your Order. The Partners are under no obligation to comply with any specific dietary or allergy requirements unless expressly agreed in writing. Neither us nor any Partner accept any liability whatsoever in respect of any failure to comply with the allergen or dietary requirements for a customer in any circumstances whatsoever.
  5. Payment
    1. The price for the Products and any ancillary products or goods is as stated on our Site at the time you submit your Order, and a delivery charge is also payable as stated on the Site. GST or sales tax is included unless stated otherwise.
    2. You authorise us and our third-party payment providers to take payment and/or to charge your credit, debit or other payment card for the relevant amounts at the time you place your Order (the “Payment”). You must have provided us with Payment in full in advance of us beginning to process your Order. We will not begin processing your Order until we have able to charge your payment card in full for the value of the Payment.
    3. You must contact us immediately with full details if you dispute any Payment.
  6. Discount Codes or Credits
    1. We may offer discount codes from time to time. All discount codes refer to the price excluding (if applicable) delivery surcharges and any additional clearly marked surcharges associated with the Products and/or ancillary products or goods listed on the Site from time to time.
    2. Such codes may only be applied to Orders made through the account in respect of which the discount code was offered and registered and are not transferable or redeemable for cash. Unless otherwise stated codes:
      • are only available for future new orders placed through the Site;
      • cannot be used retrospectively; and
      • can only be redeemed once per customer.

      You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.

    3. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
    4. We may allocate credit to your account in certain circumstances, e.g. when you sign up, refer a friend or as a marketing incentive. Credits cannot be exchanged for cash and are non-transferable. The validity period starts from the time the credit is sent to you or allocated to your account. If we have allocated credit to your account, any unused credit on your account will automatically expire if your account is closed. If credit is sent to you in the format of a discount code, any unused credit applicable to the discount code will automatically expire on the date specified on such discount code.
    5. If we offer any refer-a-friend credits, such credits only apply if the referred user is a third party who has been genuinely referred by you on an arm’s length basis and if the delivery address is to a different address to that of the referrer.
    6. If we offer any new user credits, such credits apply only to the first account opened by you. It must not be used in connection with multiple accounts created or controlled by the same person.
    7. We reserve the right to reject any discount code or credit and/or reclaim the amount of any discount or credit if we consider that it is being used in breach of these Terms or is otherwise being abused.
  7. Alcohol
    1. Age restricted products (including but not limited to, alcohol) can only be sold and delivered to persons aged 18 or over. By transferring the Payment for an Order that includes an age restricted product, you confirm that you are 18 years of age or older and that the supply of alcohol shall not be to anyone under the age of 18 years of age. We cannot sell age-restricted products to anyone under the age of 18 and you will be asked to confirm that you are 18 years of age or older before purchasing such products.
    2. We operate an age verification policy whereby customers ordering age restricted products may be asked by our delivery partner to provide proof that they are aged 18 or over before the delivery is completed.
    3. Our delivery partner may refuse to deliver any age restricted product to any person unless they can provide valid photo ID proving that they are aged 18 or over. The delivery partner may refuse to deliver alcohol to any person who is, or appears to be under the influence of either alcohol or drugs. If delivery of any age restricted product is refused, you will not be entitled to any refund for the relevant Product and/or for delivery.
  8. Minor Variance
    1. Both us and the Partners will take reasonable care to ensure that representations and descriptions of the Products appearing on our Site or in any of our marketing materials are correct, although these may be subject to minor variations where necessary e.g. where there are seasonal and/or other shortages.
    2. The labelling or packaging of the Products you receive may differ from the images of these which you see on our site.
    3. We accept no liability whatsoever in the event that Products or any other related goods or products purchased from the site do not confirm to any representations or descriptions.
  9. Allergen Inforation
    1. The food for the Products is prepared in a shared kitchen and therefore all the food may contain traces of all allergens, even those not listed on the Site. Whilst our Partners preparing the food take every reasonable precaution to ensure there’s no cross-contamination and to ensure that any of the items contained within the Products are free of allergens of which we have been notified, this cannot be guaranteed and neither we nor any of the Partners or suppliers accept any liability for allergic reactions or for any errors relating to dietary requirements.
    2. We have indicated certain dietary and allergen information on the relevant Product menu provided but this is indicative only and not an exhaustive list of dietary requirements or allergens.
    3. For these reasons, the Products are unsuitable for those with severe allergies.
    4. If you have further questions regarding allergens or dietary requirements, please contact the Partner directly or us at info@meez.co.nz prior to submitting your order.
  10. Delivery
    1. You are able to Order from the Partners for delivery (delivery charges may apply) and, if permitted by the relevant Partner, collection.
    2. Our delivery capabilities vary depending on who is fulfilling delivery of the Product included in your Order. We will set out the delivery capabilities for the relevant Product on its product page. Please consult this before placing your Order. We are permitted to cancel any orders submitted for locations that we cannot deliver a Product to. Where we have to cancel an Order, we will refund you the value of the Payment although we may deduct a $15 administrative fee from such a refund.
    3. Delivery will be complete when we or our deliver partner delivers to the address which the relevant Recipient specifies in the Order (regardless of whether anyone has actively received the delivery). Unless otherwise stated, delivery dates given on our site or in any correspondence are estimates only. We have no liability for any losses arising from delay in delivery.
    4. Where a delivery estimate is provided by our delivery partner, it is intended only as an indication of when the shipment is likely to be delivered and is not a binding commitment that it will delivered within the estimated window.
    5. If nobody is available to receive the Products at the specified address provided in the Order, you agree and instruct our delivery partners to leave the Product at the front door step or otherwise in what they deem to be a safe space (subject to any reasonable delivery instructions provided by you). If the delivery partner (in their absolute discretion) believes that neither of these options are viable, they may take the parcel away with them for re-delivery or to a collection depot. If you receive a notification from us or the delivery partner confirming that the delivery was delayed and/or the package was taken to a collection depot, it is your responsibility to arrange its re-delivery or collection.
    6. If your nominated delivery address is an apartment, unit or other secured building, you must provide us the access code, instructions or such other means to enter (subject to any reasonable directions by you), otherwise the delivery (including non-delivery) will be at the discretion of Meez (or its delivery partner).
    7. We shall be entitled to assume that any person accepting delivery at the nominated address is either the customer or someone that is authorised to do so on behalf of the customer.
    8. We accept no liability for spoiled, damaged, lost, stolen, or otherwise affected Products or other products as a result of your inability to receive the delivery on the nominated date of delivery including but not limited to a situation where the delivery partner has left the Product in a safe space or where delivery was unable to occur due to incorrect delivery instructions from the customer.
    9. Risk of damage or loss to the Products passes to you on delivery to you or to somebody identified by you to take possession of the Products.
    10. Once delivered, you are responsible for all ingredients which are designed to be kept chilled. We recommend unpacking your items as soon as possible following delivery to maintain freshness.
    11. If you need to change the delivery location specified in the Order after this has been submitted, you must inform us in writing and we may be able to change to the address to an alternative one. However, if we are unable to do so then we are under no obligation to cancel the order or to provide you with a refund.
    12. Where you have provided your delivery details, you must ensure that all necessary information is provided in order to facilitate delivery e.g. gate entrance codes. We will endeavour to keep this information safe and inly disclose it to those people who require it for delivery purposes.
  11. Refunds
    1. You have a legal right to receive goods which comply substantially with their description and which are of satisfactory quality. If you believe that the items in the Products that you have been delivered do not comply with these legal rights, please let us know.
    2. In establishing whether Products have been damaged or spoiled on delivery to you or if Products do not substantially comply with their description or are of a satisfactory quality we may request a photograph showing the problem if it is something that can be seen by inspecting the relevant Product.
    3. We will act reasonably in relation to any refund request and where reasonably required will provide a refund or credit voucher in respect of the affected part of the Product (subject to any exclusions contained in these Terms), and also in respect of delivery if the whole order was affected, unless we have reasonable cause to believe that the problem was caused after delivery. It is entirely within our discretion as to whether we issue a refund or a credit voucher.
    4. When assessing a claim for a refund, we will review the customers claim and:
      • determine based the information provided in the customer’s claim and using its own records and other information, whether the claim is genuine (and not fraudulent);
      • determine the basis of the information provided in the customer’s claim, our records and information, together with any information provided by the delivery partner and/or Partner, whether the claim arises as a result of a failure or negligence by either the Partner or delivery partner to comply with the relevant party’s obligations;
      • where the claim is deemed genuine, make a determination whether the customer’s claim is a ‘minor problem’ or ‘substantial problem’ for the purposes of New Zealand consumer law; and
      • advise the relevant parties (including the customer and the Partner) of the results of its determination,

      (Claim Determination).

    5. Where we make a Claim Determination that the customer’s claim is genuine and a ‘minor problem’ we will discuss an appropriate solution with all parties (including the customer and the relevant Partner) to seek to resolve the claim to the customer’s satisfaction (e.g. fixing a deficiency in a Product) and will liaise with the customer to determine whether any other form of compensation (including monetary and non-monetary compensation) may be provided to the customer.
    6. Where we make a Claim Determination that the customer’s claim is a ‘genuine’ and a ‘substantial problem’ that requires a refund, replacement or credit, Meez will advise the customer of the quantum of the refund to be paid, pay the customer the refund directly and then deduct the refund from the next payment made by Meez to the relevant refunding party under the terms of its agreement with Meez.
    7. Where any Product has not been packaged properly, or in a manner inconsistent with guidelines provided (including leading to leakage, spoilage of the contents inside etc.) The ‘Refunding Party’ for the purposes of this clause 16 will likely be the relevant Partner.
    8. Where we allocate credit to your account as part of a refund, such credits cannot be exchanged for cash and are non-transferable. The validity period starts from the time the credit is sent to you or allocated to your account. If we have allocated credit to your account, any unused credit on your account will automatically expire if your account is closed. If credit is sent to you in the format of a discount code, any unused credit applicable to the discount code will automatically expire on the date specified on such discount code.
    9. Where we are refunding you, we will send the relevant refund amount to the account used to place the Order
  12. Cancellation
    1. We 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.
    2. If you wish to Cancel an Order, you must do to by notifying us of such cancellation in writing. We are under no obligation whatsoever to provide you with a refund or credit for any cancelled orders.
  13. Liability
    1. To the maximum extent permitted by law, neither Meez nor any of its affiliates, resellers, directors, officers, employees, agents, suppliers or licensors will be liable for any direct, indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, goodwill, use or content) however caused, including but not limited to contract, tort, equity, warranty, negligence or otherwise, even if Meez has been advised as to the possibility of such damages. The aggregate liability of Meez and its affiliates, officers, resellers, employees, agents, suppliers or licensors, relating to the services will be limited to the value of the Payment, irrespective of whether this remedy fully compensates you for any losses or fails of its essential purpose.
    2. Cook times for Products are based on the results of tests conducted by our Partner’s, are indicative only and customer results may vary. Neither we nor any of our Partner’s or suppliers have any liability to you in respect of the cooking instructions provided in relation to the finishing of the food within the Products.
    3. You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself (and any costs you do ultimately incur in remedying a matter must be reasonably incurred).
    4. We are not responsible for any loss or damage caused by us or our employees, agents or sub-contractors in circumstances where:
      • there is no breach of a legal duty of care owed to you by us or by any of our employees, agents or sub-contractors;
      • such loss or damage was not foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
      • such loss or damage is caused by you, for example by not complying with these Terms; and
      • such loss or damage relates to a business (as we do not intend for Products bought by you to be used for business).
    5. You will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from a breach of these Terms by you (subject to our obligation to mitigate any losses we suffer).
    6. We are not liable for any failure to perform or delay in performing any obligation under these Terms if the failure or delay is caused by any circumstances beyond our reasonable control including but not limited to acts of God, accident, riots, war, terrorist act, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, epidemic or pandemic, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalised lack of availability of raw materials or energy, labour disputes, shortage of labour, delay in transit, or any other causes whatsoever beyond the reasonable control of Meez. Meez shall be excused from such performance to the extent of such prevention.
  14. Services
    1. There may be issues with the functionality and provision of the Site from time to time.
    2. We can make any changes, updates or enhancements to the Site or Services at any time. We may also add or remove functionalities or features, or we may suspend or stop the Site and/or Services altogether.
  15. Confidential Information
    1. By using or accessing the Site or Services, you acknowledge that we may provide you with information that is confidential, sensitive or should be kept secret. Such information will be provided on or through the Site and Services, accessed through links or downloaded by you from or through the Site and Services. Information that is confidential includes (but is not limited to) trade secrets, know-how; intellectual property; pricing and cost information; technology and technical information; security audit reviews; business or marketing plans or business processes; contract terms and prospective contract terms with prospective customers, accounts and other persons or entities with whom we may contemplate a business relationship; potential customers and purchasers; roadmaps; confidential information of any related entity, potential customers; products; product designs; design documentation; formulas; concepts; inventions; research; methods; processes; operations; product uses; product quality analysis; and other information related to us, our business that is not generally publicly known, this information should always be considered confidential to Meez (“Confidential Information”).
    2. To the extent that any documents we provide are labelled “confidential” (or something similar) or provide information (either in writing or verbal) that is of a type that a reasonable person should understand to be confidential such information is to be treated as Confidential Information, you will treat such information as confidential.
    3. You agree to maintain as confidential at all times, and will not at any time, directly or indirectly, disclose or permit to be disclosed to any person, use for your own purposes or use to our detriment or use to the detriment of any other party, any such Confidential Information.
    4. You hereby indemnify us against any loss or damage (whether direct or indirect) or expenses whether arising in tort (including in each case negligence), or otherwise, incurred by us as a result of any breach of this clause 5 by you or any of your employees, agents, subcontractors or professional advisors.
    5. You confirm that you will destroy and/or return all Confidential Information in your control and/or possession, at the request of Meez. You will certify to Meez once this request has been fulfilled.
  16. Information Storage
    1. By using and accessing the Site and Services, you understand and agree to the storage of any personal information as set out in the Privacy Policy at — “Privacy Policy”.
  17. Acceptable Use Policy
    1. You agree you will not, nor will you encourage or assist others to harm the Site or Services or use the Site or Services to harm others. For example, you must not use the Services to harm, threaten, or harass another person, organisation or Meez and/or to build a similar services or websites similar to the Site or Services. You agree you will not:
      • damage, disable, burden, impair, obscure, or decompile, disassemble or remove anything from the Site or Service (or any network connected to such);
      • reverse engineer, resell or redistribute the Site or Services or any part thereof;
      • modify, reroute, or gain access to the Site or Services or attempt to carry out these activities otherwise than as provided for in these Terms;
      • use any automated process or service (such as a bot, a spider, or periodic caching of information stored by Meez) to access or use the Site or Services;
      • rent, lease, pledge or otherwise dispose of anything on the Site or Services;
      • use the Site or Services beyond the features allocation and amounts provided from time to time or in violation of the Acceptable Use Policy;
      • use the Site or Services to violate any law of distribute malware or malicious content; and/or
      • distribute, post, share information or content you don’t have the right to or is illegal.
    2. As part of our efforts to protect the Site and Services, or our customers, or to stop you from breaching these Terms we retain the absolute right to block or otherwise prevent your use of the Site and Services, and to prevent the delivery of any type of file, email or other communication to or from the Services.
  18. Suspension And Termination Of Services
    1. We reserve the right to suspend or terminate your access to the Site and Services at any time in our sole discretion. You understand that if your access is suspended or terminated, you may no longer have access to the Site or Services.
  19. Meez’s Proprietary Rights
    1. All content and information relating to or of the Site and Services, including but not limited to logo, design, text, software, intellectual property, technical drawings, configurations, graphics, other files, and their selection and arrangement and Meez’s Confidential Information belong to Meez, and/or its suppliers, affiliates or licensors, and you acknowledge that Meez and its affiliates own all content and information relating to or of the Site and Services, exclusively.
    2. Meez or its licensors own and reserve all right, title and interest in and to the Site and/or Services and all hardware, software and other items used to provide the Site and/or Services, other than the rights we expressly grant to you to use the Site and/or Services and Meez’s Confidential Information. No title to or ownership of any proprietary rights related to the Site, Services or Meez’s Confidential Information is transferred to you pursuant to these Terms.
    3. If you provide feedback, comments, suggestions and recommendations to Meez about the Site or Services, you are automatically assigning any such rights to this information to Meez.
  20. No Warranty Or Conditions
    1. To the extent permitted by law, Meez, its subsidiaries and its affiliates (and associated service providers):
      • provide the Services on an “as is”, “with all faults” and “as available” basis;
      • make no representations or warranties or conditions whether express or implied of any type whatsoever, including but not limited to warranty of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement in relation to the Site and Services; and
      • do not guarantee that the use of the Site or Services will be uninterrupted, error-free or free of harmful components.
    2. If you are dissatisfied with any portion of the Site or Services or with these terms of use, your sole and exclusive remedy is to discontinue use of the Site or Services.
  21. Indemnification
    1. To the extent permitted by law, you will defend Meez against any cost, loss, damage, or other liability arising from any third-party demand or claim that any information provided by you, or your use of the Site or Services:
      • infringes a registered patent, trademark, or copyright of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of Meez’s actions); or
      • violates any applicable law or these Terms.
    2. Meez will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.
  22. Governing Law
    1. You must comply with all domestic and international and regulations that apply to your use of the Services. These laws include restrictions on destinations, end users, and end use.
    2. These Terms, including the interpretation and rights and obligations hereunder, will be governed by and construed in accordance with the laws of New Zealand.
  23. General Terms
    1. These Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Terms as written, those terms will be replaced with similar terms to the extent enforceable under New Zealand law, but the rest of these Terms will remain in effect.
    2. These Terms and the Privacy Policy constitute the entire agreement between you and us regarding your use of the Site and/or the Services. It supersedes any prior contract or oral or written statements regarding your use of the Site and/or the Services.
    3. We may assign, transfer, or otherwise dispose our rights and obligations under these terms, in whole or in part, at any time without notice. You may not assign these terms or transfer any rights to use the Site and/or Services, unless agreed by Meez in writing.
    4. The failure of either of us to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such right to assert or rely upon any such provision, right or remedy in that or any other instance rather, the same provisions will remain in full force and effect.
    5. For the purposes of the Contract and Commercial Law Act 2017 (NZ) the agreements and undertakings set out in these Terms as given by you are given for the benefit of Meez and all of its related entities and any of its subsidiaries or affiliates from time to time (as the case may be), and are enforceable at the suit of either or any of them.
    6. Where you are party to any other agreement or arrangement with us, and there are inconsistencies between these Terms and the terms of the other agreements or arrangements, these Terms shall be modified to give effect to the terms of the other agreements or arrangements.