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WEBSITE TERMS OF USE

  1. This Website is owned by Mad Mex Franchising Limited 9429046234841 (Mad Mex) (Mad Mex) and operated by Mad Mex and/or a third party provider.
  2. By accessing, browsing or using the Mad Mex website (Site), you agree to be bound by these terms, conditions and disclaimers as amended from time to time (Terms of Use). Please read these Terms of Use carefully before using
    the Site.
  3. These Terms of Use are in addition to any other terms and conditions that apply to the sale of goods or provision of services by Mad Mex through the online ordering portal or through the Mad Mex Application for iOS and Android (App). If you do not agree to be bound by these Terms of Use, then please immediately discontinue your use of the Site.
  4. Mad Mex may amend these Terms of Use from time to time without notice.  Any amendment will be effective immediately upon being posted on the Site.  Your continued use of the Site after any amendment becomes effective, will constitute your agreement to be bound by these Terms of Use, as amended.

PRIVACY

  1. Mad Mex may collect, use, store, record and transmit your personal information entered on this Site. For further details, please refer to Mad Mex’s Privacy Policy available at https://www.madmex.co.nz/privacy-policy/.

USE OF THE SITE

  1. You agree you will not transmit to Mad Mex or upload to or through the Site any Harmful Code, or use or misappropriate the Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that:
    • 6.1 is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or would enable an unauthorised person to cause such result; or
    • 6.2 would enable an unauthorised person to access another person’s information without such other person’s knowledge and permission.
  2. Without limiting the foregoing and by way of example only, users may not:
    • 7.1 generate or facilitate unsolicited commercial email (Spam). Such activity includes, but is not limited to:
      • (a) sending messages in violation of any applicable anti-spam law;
      • (b) imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending Spam;
      • (c) data mining any Mad Mex property;
      • (d) sending messages to users who have asked not to be contacted; or
      • (e) selling, exchanging or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure;
    • 7.2 intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a destructive or deceptive nature;
    • 7.3 conduct or forward pyramid schemes or similar programs;
    • 7.4 transmit content that may be harmful to minors;
    • 7.5 impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email;
    • 7.6 transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission;
    • 7.7 transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission;
    • 7.8 violate the legal rights (such as rights of privacy and publicity) of others;
    • 7.9 promote or encourage illegal activity;
    • 7.10 interfere with other Mad Mex users’ enjoyment of the Site;
    • 7.11 modify, adapt, translate, or reverse engineer any portion of the Site;
    • 7.12 remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
    • 7.13 reformat or frame any portion of the web pages that are part of the Site without Mad Mex’s explicit written permission;
    • 7.14 bypass any limitations or suspensions of functionality; and
    • 7.15 provide false information.

USE OF THE SITE BY MINORS

  1. If you are under the age of 16, you must use the Site under the supervision of a parent or legal guardian, or responsible adult.

USE OF THE ONLINE ORDERING SYSTEM

  1. If you electronically order Products from us (including through our online ordering website and mobile App), you are responsible for maintaining the confidentiality of your personal details, password and payment details. You agree to accept full responsibility for all your activities on our online ordering website and mobile App.
  2. We have the right to change, suspend or terminate the online ordering system (or any part of it) at any time without prior notice.
  3. The Mad Mex online ordering system must only be used by persons over the age of eighteen (18) years, or otherwise under the supervision of an adult or guardian. Mad Mex reserves the right to refuse service, terminate your access to the online ordering website or mobile App, remove or edit any content or cancel your order/s in its sole discretion and without prior notice to you.
  4. In making the Mad Mex online ordering system (website and mobile app) available for use, Mad Mex merely acts as an agent of franchisee stores from which the products or services will be provided (as selected by you or determined based on proximity to the delivery address), does not provide you with any goods or services, and makes no warranties or representations regarding the goods and services to be provided (including availability and delivery).
  5. Mad Mex does not guarantee that the online ordering website or mobile App will be free from viruses or other harmful components and you agree to hold harmless Mad Mex from any claim, judgement, loss, expense, liability from any viruses or harm suffered by you as a result of using the applications, online ordering website or mobile app, and reserves the right to alter the agreed price if an incorrect price was caused by a software fault, error or malicious attack.
  6. In using the Mad Mex online ordering system (whether via the website or mobile App) you acknowledge that all orders are treated as an express intention to purchase the nominated goods or services for the agreed online prices and acknowledge that you contract with the individual store from which you order and not Mad Mex and therefore you have no claim, recourse or action against Mad Mex whatsoever (except where you order from a Mad Mex owned store) and indemnify Mad Mex from all claims, losses, judgement, liability and damage relating to a failure of the online ordering system. Payment is required in full at the time of order. If we can’t process your payment, we will instruct the relevant franchise store not to fulfill your order.

USE OF THE MAD MEX APP

  1. In addition to your agreement with the Terms of Use, and notwithstanding anything to the contrary, the following provisions apply with respect to your use of any mobile application version of the Website compatible with the iOS operating system of Apple Inc. (Apple) and/or Android, and the App.
  2. Apple and Android are not a party to this Agreement and do not own and are not responsible for the App. Apple and Android are not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple and Android are not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement.
  3. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Mad Mex. The license you have been granted is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system or another branded product that runs the Android operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service or Microsoft’s respective terms.
  4. You must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Microsoft and any subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
  5. By using the App, you agree that all of the terms and conditions found herein apply to your use of the App. Additionally, you agree that the App may send you push notifications, if you turn on receipt of notifications and/or sign up to receive notifications.  You acknowledge that your use of the App may require use of your data plan from your cellular provider.  You are responsible for payment of all data usage accrued based on your use of the App, and Mad Mex disclaims all responsibility for such data usage. In addition, if you allow the App to utilise location services, the App may suggest to you and collect from you certain information based on your geographic location.
  6. In order to use the App, you will need to register for an account. You must be at least 18 years of age to obtain an account and registration will require you submit certain personal information to us. You agree to maintain accurate, complete and up to date information in your account. You are responsible for all activity in your account and agree to maintain the security of your account name and password at all times.
  7. By creating an account through the App, you agree that Mad Mex may send you text messages as part of our normal business operation which relates to your use of our Services and/or ordering our Products. You can opt out from such text messages at any time.

LICENCE

  1. Subject to your compliance at all times with these Terms of Use and any other terms notified to you in a written agreement between you and us, Mad Mex grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable licence to:
    • 22.1 access and use the App on your personal device solely and exclusively in connection with your use of the Services; and
    • 22.2 access and use any content, Information and related materials made available through the Site or App.

DISCLAIMER

  1. The Information is provided by Mad Mex in good faith on an “as is” basis without warranty of any kind. Mad Mex does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information contained on the Site (collectively, the Information), or that it is suitable for your intended use.
  2. You agree and acknowledge that you have not made known to Mad Mex either expressly or by implication, any purpose for which you require the Site, and you have the sole responsibility of satisfying yourself it is suitable for your intended use.
  3. The Information provided is of a general nature only and should not be used as the basis for making any decision, without consulting primary, more accurate, complete or timely sources of information and relating it to your personal, financial and/or health circumstances.
  4. The Site may contain historical Information that is not current and is provided for reference purposes only.
  5. The Information does not constitute professional advice.
  6. Mad Mex does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of the Site and the Information is at your own risk.
  7. Mad Mex reserves the right to vary or modify the Information contained on the Site, to change or discontinue any feature or part of the Site, to change the hours of availability and the equipment required to obtain access to the Site, without notice and without liability.
  8. Mad Mex makes no warranties, guarantees or representations that the material on the Site will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus check and similar checks on any Information downloaded.
  9. All warranties, representations and implied terms and any liability which may arise in relation to your access to the Site or the Information are expressly excluded to the extent permitted by law.
  10. Mad Mex reserves the right to suspend or terminate your access to the Site at its sole discretion for any reason.
  11. Mad Mex will use reasonable endeavours to ensure that the Site is available continuously. However, Mad Mex does not guarantee that access to the Site will be continuous or uninterrupted.

ALLERGENS & VEGAN PRODUCTS

  1. Mad Mex will endeavour to provide allergen-free, gluten free or Vegan Products if requested by you in respect of an order. However, traces of allergens, gluten, meat and dairy may be unintentionally present in food due to cross-contamination during store operations. We cannot guarantee that your order will be 100% allergen, gluten, meat or dairy free but we will endeavour to ensure your order is at it was ordered.

INDEMNITY & LIMITATION OF LIABILITY

  1. You agree to defend, indemnify and hold harmless Mad Mex, the Master Franchisor and related corporations, affiliates, and officers, directors, employees and agents of those entities, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from or in connection with: (i) your use of and access to the Site and App (including any online ordering applications); (ii) your violation of any term of these Terms of Use; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right.
  2. To the extent permitted by law, Mad Mex, its directors, employees, contractors and representatives will in no way be liable to any party for any injury, loss or damage arising out of or related to the use of (or the inability to use) the Information, any opinions displayed on the Site, or any information made available in response to any enquiries or the selection of goods or services referring to it.
  3. To the extent permitted by law, Mad Mex will not be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits. If your use of the Site results in the need for servicing or replacing of any equipment, Mad Mex will not be liable for those costs to the extent permitted by law.
  4. Where liability cannot be excluded, to the extent permitted by law, any liability incurred by Mad Mex is limited to the re-supply of the Information on the Site, or the reasonable costs of having the Information re-supplied.

LINKS TO OTHER SITES

  1. You may from time to time be able, through hypertext or other computer links, to gain access to other websites operated either by Mad Mex, its affiliates (Linked Sites) or other third parties (Third Party Linked Sites).
  2. The Linked Sites may have different terms of use and policies relating to privacy.
  3. Unless otherwise specified, the Third Party Linked Sites are not under Mad Mex’s control. The Third Party Linked Sites may have different terms of use and policies relating to privacy and may be subject to different laws. Mad Mex is not responsible for the content of any Third Party Linked Sites, or any changes or updates to such sites.  Mad Mex provides these links for your convenience only.  You link to any such Third Party Linked Sites at your own risk. Mad Mex is not a party to any transaction between you and a Third Party Linked Site. Unless specified, Mad Mex does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Third Party Linked Sites.

INTELLECTUAL PROPERTY

  1. The copyright on the Site is owned by Mad Mex and/or its affiliates. All present and future rights are reserved.
  2. You acknowledge and agree that all content, coding, graphics, images, animations and Information available on this Site is protected by copyright, trade mark or other intellectual property rights and laws.
  3. No part of the Information displayed on the Site may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without Mad Mex’s prior written consent. However, you may download and print these Terms of Use for your personal non-commercial use.
  4. You expressly acknowledge that your use of the Site does not result in you gaining any right, title or interest to the Information or any other aspect of the Site.
  5. Commercial use of the Site and the Information is expressly prohibited.
  6. All trade marks and trade names which appear on this Site are proprietary to Mad Mex and/or its affiliates. Use of these trade marks without the owner’s consent will infringe the owner’s intellectual property rights.  Nothing in this Site should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.

MISCELLANEOUS
 

  1. By accessing and using this Site, you agree to submit to the exclusive jurisdiction of the courts of New Zealand, and the courts entitled to hear appeals from those courts.
  2. If a provision (or part of it) is held to be unenforceable or invalid, then it must be interpreted as narrowly as necessary to allow it to be enforceable or valid.
  3. If a provision (or part of it) cannot be read down, then the provision (or part of it) must be severed from these terms of use and the remaining provisions (and remaining part of the provision) are valid and enforceable.
  4. A party may exercise its rights at any time and does not waive those even if that party previously waived a breach or default of all or part of the same or other provision or delayed or omitted to exercise its rights.
  5. A waiver is only effective if it is signed by the party granting the waiver and only to the extent set out in the waiver.