Terms And Conditions
1. The Hawker & Roll mobile application (app) is operated by MAYFARE GROUP LIMITED (Business Number 9429039754110) and/or any of its franchisees, affiliates, subsidiaries or related bodies corporate (“Hawker & Roll or we, us, or our”)
2. Information about:
- how to register for the Hawker & Roll app
- how to receive and redeem various services, rewards, gifts, prizes and/or promotions available to members of the Hawker & Roll app, which may include food/beverage items, non-food items, and/or promotional offers or information (Promotions),
- how to use the app generally forms part of these Terms and Conditions.
3. By applying to register for the Hawker & Roll app and/or downloading, accessing or using the app, you accept these Terms and Conditions.
4. If you do not agree with these Terms and Conditions, you should not use the Service.
5. We can change, suspend or terminate the Service (or any part of it) at any time without prior notice.
6. You may only join and participate in or use the Hawker & Roll app and provide personal information if you are an New Zealand resident aged 14 years or over. If you are under 18, you need your parent or guardian’s consent. Once you join or use the the Hawker & Roll app, you are bound by these Terms and Conditions, and your parent or guardian who provided consent (if applicable) will also be bound.
HOW TO REGISTER FOR THE HAWKER & ROLL APP
7. You must register for the Hawker & Roll app to receive and redeem Promotions and use the app generally.
8. You cannot register for the Hawker & Roll app if you are under 14.
9. You can register for the Hawker & Roll app by downloading and registering in the app to create an account (Account).
10. The information that you provide in registering your Account must be current, correct and complete. You are only able to register and maintain 1 Account and the Account must be in your own name. You must not use another user’s Account.
11. We can refuse membership and Account registration requests. This includes where you have previously been banned from the Hawker & Roll app or Hawker & Roll website.
12. We may refuse requests to log in to the app is they are the same as or similar to existing log-ins; or are inappropriate, offensive, obscene, abusive, defamatory or illegal; or infringe copyright, contain brand names, company names, or registered trademarks; or contain names of high profile or public figures; or contain words promoting political, religious, social, or economic issues; or use the name of another person.
13. We may ask you to produce identification to confirm your details and eligibility. If you choose not to provide identification we may cancel your Account.
14. You must keep your Account details confidential and you are responsible for any activity on your Account. You must immediately notify us of any unauthorised use of your Account or password or any other security breach. It is your responsibility to request we delete your Account when you no longer wish to be a user.
15. The Hawker & Roll app will continue for as long as we decide.
16. If we terminate the Hawker & Roll app, will will notify you using the Hawker & Roll app and via email. We will not be liable for the termination of the Hawker & Roll app or loss of your Hawker & Roll app Promotions.
17. We also run other promotions and competitions outside the Hawker & Roll app. They are run in accordance with their own terms and conditions.
THE HAWKER & ROLL APP
18. The Hawker & Roll app allows you to use the app to pay for products at participating Hawker & Roll locations. The app allows you to pay in-store at participating Hawker & Roll locations and order and pay for products for pick up at participating Hawker & Roll locations.
19. As the functioning of the closest location finder relies on third party systems, Hawker & Roll does not promise that the location finder will be available or accurate at all times. Opening and closing hours are correct at time of publishing but subject to variation.
20. We may conduct surprises, offers, discounts, competitions, incentive programs or offers for Hawker & Roll app users (generally, Promotions). These Promotions are subject to their own terms and conditions as well as these Terms and Conditions.
21. We may offer services, rewards, gifts, prizes or other Promotions to Hawker & Roll app users (Promotions). The Promotions may be provided by us or a third party (Promotion Partner). The nature, quantity, availability and award of Promotions are in our absolute discretion.
22. To redeem a Promotion, you must follow the instructions provided by Hawker & Roll and/or the Promotion Partner. Any additional costs which may be incurred in redemption of a Promotion, such as travelling to and from a Hawker & Roll location, are your responsibility.
23. You must redeem a Promotions within the time stated. Otherwise, it will expire. There may be limits on the number of Promotions you can receive, or other conditions such as time of day, day, availability at particular Hawker & Roll location or similar. Subject to law, these are subject to change without notice.
24. Subject to law and these Terms and Conditions, we are not responsible if a Promotion is or becomes unavailable.. Subject to law, we are not responsible for any variation in Promotion or their value.
25. Promotions cannot be used in conjunction with any other Promotion, claim, offer, upgrade, promotion or discount or similar.
26. It is your responsibility to ensure that Promotion are suitable for you.
27. Hawker & Roll or the Promotion Partner may ask you to provide photo ID to confirm you are the Account holder before you can redeem a Promotion.
28. Promotions must be taken as offered and cannot be sold, transferred, assigned or otherwise dealt with. Promotion are not replaceable if lost or stolen. Promotion will be declared void if stolen, forged, mutilated or tampered with in any way. Promotion are not exchangeable and cannot be taken as cash. We accept no responsibility for any tax implications – you should seek your own financial advice.
29. If a Promotion Partner is providing the Promotion, they are responsible for the Promotion, not us, and they are not our agent (and we are not their agent). You should address any queries about the Promotion to the Promotion Partner. Subject to law, we are not liable for availability, quality or fitness for purpose of Promotion offered by a Promotion Partner.
30. In order to use the Hawker & Roll app in full, you must be a join of the Hawker & Roll app. When you create an Account for the app, you accept these Terms and Conditions in relation to the Hawker & Roll app.
31. Payments made through the Hawker & Roll app must be paid for by credit or debit card via the payment facility provided. This secure payment facility is provided by a third party payment gateway provider. We do not store your full credit card or debit card details. The User must connect a preferred payment method through the Hawker & Roll app, but our third party provider will store these details for future retrieval. User’s expressly consent to us sharing their personal information to any third party payment provider we engage from time to time.
32. Requests for refunds should be directed to the manager/owner of the relevant locations.
PROMOTIONS & VOUCHERS
33. Hawker & Roll may provide specific promotional offers from time to time via the Hawker & Roll app to Account holders via any other means, such as emails. Some offers may not be available in all locations, may not be redeemable via the app, may only be available to particular users, may only be available online and may only be available for a limited time. Specific terms and conditions as applicable to a promotional offer will be stated at time of offer, and will apply in addition to these Terms and Conditions.
PRICING AND PURCHASES
34. All prices are in New Zealand Dollars (NZD). Pricing is not real time but is correct at time of publishing. Prices may vary at time of purchase. We recommends you review your purchase prior to payment before deciding whether or not you wish to proceed with your purchase. We are not liable for any price variations or errors in pricing.
GENERAL USE OF THE HAWKER & ROLL APP
35. You download, install, access and use the Hawker & Roll app at your own risk and cost, including Internet service provider costs.
36. All material and logos on the Hawker & Roll app remain our property.
37. You must not attempt to decompile, reverse engineer, disassemble or otherwise convert the Hawker & Roll app.
38. Use your own judgement when using the Service and take care of your personal safety. In particular, never use the Hawker & Roll app when driving.
39. We are not responsible for the content of any other websites, social media platforms or applications linked on the Hawker & Roll app. They may have their own terms and conditions.
40. The Hawker & Roll app may link to social media platforms and access information you have shared with those platforms, and/or contact you via those platforms or information (for example, sending an email directly to you to the email address provided to the Facebook platform).
41. We collect, use and disclose your personal information in accordance with any privacy collection statement that we give you, and as stated in these Terms and Conditions.
42. We collect and use your personal information through the Hawker & Roll app for the purposes disclosed when we collect the information and to allow you to:
- register an Account,
- receive and redeem Promotions,
- otherwise use and interact with the app, and to allow us to:
- contact you with information about the Hawker & Roll app and Hawker & Roll’s generally, including special offers, market research or marketing materials via any method;
- share your information with our New Zealand and overseas related entities, officers and agents, third parties and promotional purposes, who may also contact you for similar purposes;
- and use and disclose your personal information for other reasonable related purposes.
43. If you decide not to provide us with your personal information, that’s ok, but we may not be able provide you with Promotions, or allow you to may payments using the app, and it may restrict your ability to use the Hawker & Roll overall.
44. Keeping your personal information safe is important to us. Sometimes your information, including payment details that you provide for the Hawker & Roll app, will be processed and stored overseas by us or our service providers, and we have confidentiality and security requirements for processing and storage. However, security of communications cannot be guaranteed and to the extent permitted by law we are not liable for unauthorised access.
45. When you use the Hawker & Roll app, you consent to our use and disclosure of the location of your device, so that we can provide the Hawker & Roll app functionalities to you, such as closest location finder.
46. We can monitor Account activity. We can terminate or suspend your Account and/or your Hawker & Roll app access in our discretion, including if we see signs of fraud, abuse or suspicious activity, or any breach of these Terms and Conditions. We reserve our rights in the case of any breach of these Terms and Conditions, our rights, or any unlawful activity.
47. If we believe you are using any automated software or other mechanical or electronic automated method to accept receive and/or redeem Promotions, or to take advantage of other promotions, we can suspend or terminate your Account, your ability to make payment with the Hawker & Roll app and/or your Hawker & Roll app access.
48. To the extent permitted by law, the Hawker & Roll app is provided on an "as is" and "as available" basis without any warranties of any kind either expressed or implied. Hawker & Roll disclaims all warranties of merchantability, non-infringement and fitness for a particular purpose or that the Hawker & Roll app will be error-free or free from harmful code.
49. To the extent permitted by law, we have no liability for any loss or claim that you may suffer or incur as a result of your use of the Hawker & Roll app.
50. Our Hawker & Roll app comes with guarantees that cannot be excluded under the New Zealand Consumer Law. You have rights under the New Zealand Consumer Law for major and minor failures. In addition to other entitlements, for a major failure you may be entitled to a refund or compensation for the reduced value of goods or services. For a minor failure, we may choose to provide you with a replacement or refund for goods or services, or re-supply a service.
51. To obtain compensation, you will need to provide documentary evidence of the loss or damage suffered, and documentary evidence that such loss or damage was a reasonably foreseeable consequence of our failure to comply with a consumer guarantee under the New Zealand Consumer Law.
52. The type of remedy we will offer you may vary depending on how long it takes you to make a claim.
53. Our decision in relation to all aspects of the Hawker & Roll is final and no correspondence will be entered into. Governing Law & Amendments
54. These Terms and Conditions are governed by the laws of New Zealand and you consent to the jurisdiction of the courts having jurisdiction in that State and courts of appeal from them.
55. We may amend these Terms and Conditions, so you should check them from time to time. Your use of our Service, following any changes, is your acceptance of those changes.