NEW ZEALAND DELIVERY GROUP
If you are a customer of New Zealand Delivery Group then these standard
terms and conditions apply to the use of those services. Additional terms may
apply to some of our services. We will tell you when additional terms apply.
Sometimes we may make special offers which are subject to other terms. If you accept
one of those special offers, then the terms and conditions of that offer will
also apply. By accepting provision of our services you acknowledge you have
agreed to these standard terms and conditions.
1. About our Services
- We are not obliged to
provide services unless we accept your service application. We have the right
to decide to provide service, or not to accept any application for service.
- We will be responsible for
determining the manner in which the services are to be provided.
- We may vary the service(s)
from time to time, or decide to stop providing a particular service. We will
notify you prior to making the variation and will tell you about any substitute
service we have available. Where the substitute service is inferior to the
provided service, the Customer may terminate the Agreement through one month
written notice with no penalty.
2. Using our Services
- You must not use or permit
our services to be used in any way which:
- Breaks any
- You must comply with any
reasonable restrictions we impose or directions we give regarding the use of
- You must ensure that all
information you provide us is correct. If any information you have supplied to
us changes, you must provide us with updated information as soon as possible.
- You must notify us if you
wish to terminate your Agreement or service(s).
3. Charges and Payment
- You must pay our charges
for the services we provide to you within seven days of receiving the invoice.
- You must pay each invoice
by the due date advised on the invoice. You may not withhold money you believe
you do not owe us nor offset sums that we owe you, unless you have advised us
of an amount that is in dispute, and the reason it is in dispute, by email or
- If you do not pay a bill by
the due date, we may suspend or restrict services until all due payments are
made, or may terminate the services.
- We may, at our discretion,
impose a credit limit on your account.
- If you breach any term of
this agreement and we incur costs as a result, you must pay those costs on
- Any expenses, disbursements
and legal costs incurred by us in the enforcement of any rights contained in
this Agreement shall be paid by the Customer, including any reasonable legal
fees or debt collection agency fees.
- We will use your selected
method of payment when invoices are due.
- Any requests for refunds
will be reviewed by our team, and issued at our discretion. If your refund
request is accepted, it will be processed within 30 days and refunded via your
bank account or cheque. If your request for a refund is declined, we will
advise you in writing of our decision, including the reason for your refund
request being declined, within 10 working days. In considering your request we
will act reasonably, taking into account all factors which you have brought to
our attention in writing and which we consider are material and relevant on an
objective basis, and any other factors we consider relevant.
- For the avoidance of doubt clauses 1, 2, 4, and 5, above, set limits and exclusions on our liability for failing to meet our obligation to provide equipment and/or services to you in accordance with our contract and these terms and conditions but does not relieve us of any obligations imposed on us under any consumer laws, including the Consumer Guarantees Act 1993 and Fair Trading Act 1986 (as applicable). Clause 3 above does relieve us of that obligation in the circumstances specified. If you consider that we have failed to fulfil our obligations then you can request a refund (see the section “Charges and Payment” which will apply to such a request).
- We can terminate this agreement, or the provision of any service to you immediately if you breach any term of this agreement or if we reasonably believe that you have supplied incorrect or misleading information to us or you fail to meet our credit criteria. We will make best endeavour to give you five days notice prior to terminating the agreement.
- If this agreement is terminated for any reason you must still pay us for services provided to you up to the date of termination. If you have prepaid for a service, no refund is payable to you on termination unless we agree otherwise.
- If you have a dispute with nz delivery group in relation to any of our services or your account, please contact our customer services team on 068264109, or use our complaints procedure available in the help section of our website.
18. Changing Terms and
- We may change these terms
at any time by giving you 30 days’ notice. We will inform you of any change by
emailing or writing to you, by putting a notice in major daily newspapers or by
providing relevant information on our website..
20. Entire Agreement,
Variation and Non-Waiver
- This agreement contains all of the terms, representations and warranties made between New Zealand Delivery Group and the Customer and supersedes all prior discussions and agreements covering the subject matter of this agreement.
- No variation or waiver of any provision of this Agreement shall be recognised or binding on New Zealand Delivery Group unless it is in writing and signed by an authorised representative of New Zealand Delivery Group.
- Failure or delay by New Zealand Delivery Group to enforce any of the terms and conditions contained within this agreement shall not be deemed to be a waiver of any of the rights or obligations nz delivery group has under this agreement.
- If any provision of this agreement shall be invalid, void, illegal, or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
Updated 2019-01-23, valid