Restaurant Quality Cuisine to your Door

Terms & Conditions

Introduction
The Terms & Conditions described below govern your use of the Pocoloco Limited (Poco Loco) website/app & all social media. References to the "website/app" include; www.pocoloco.co.nz www.grazingbox.co.nz or any other site, services (including web services), software, applications or media managed and governed by Pocoloco Limited. "You" and "Your" means the person using www.pocoloco.co.nz to order goods and subject to these Terms & Conditions. www.pocoloco.co.nz means "We", "Us", or "Our" means; Pocoloco Limited, Registered in Pukekohe, Auckland, New Zealand NZBN 9429035335801. Your access to, and use of, this website/app/app constitutes your agreement to all such Terms & Conditions. In using the website/app you affirm that you are 18 years or older, or possess legal parental or guardian consent, and are fully able and competent to give the undertakings set out in these Terms & Conditions, and to abide by and comply with these Terms & Conditions. We reserve the right to amend these Terms & Conditions at any time so we recommend that you check these Terms & Conditions regularly. If you do not agree with the Terms & Conditions, do not use the website/app. This Website/app is owned & operated by Pocoloco Limited.
 

Purpose
The purpose of www.pocoloco.co.nz & its apps and affiliate services is to provide a simple, convenient and cost-effective food ordering service to consumers within Pukekohe, linking them to our restaurant that offers takeaway food. Interactive menus enable customers to build and submit orders within a few mouse clicks. By registering with Poco Loco, members can view their order history, provide feedback on past orders, introduce friends and enjoy discounts where applicable.
 

Website/App Content
The Poco Loco website/app may include content, information or links to third parties or third party website/apps such as menus, photos and reviews. Poco Loco has not verified the accuracy of the content or information obtained from third parties and posted on its website/app. Poco Loco makes no guarantees about the information provided by third parties. Poco Loco does not charge the registered members for use of its website/app or ordering food online. Note, a delivery fee may apply to orders under a certain value. Poco Loco does not endorse any content provided by third parties or posted on third party website/apps. That information and links may be used by you at your own risk. Poco Loco does not warrant any food or beverages supplied that are not safe and fit for consumption. By accepting these Terms & Conditions you agree to relieve Pocoloco Limited from any liability whatsoever arising from your use of information from a third party, or your use of any third party website/app, or your consumption of any food or beverages from Poco Loco Restaurant. Poco Loco recommends that before you use a third party website/app, that you read and accept the privacy policy and terms and conditions of use (if any) which apply to that website/app.
 

Limitations of Use
This Site is intended to be accessed by persons located in Pukekohe and we make no representation that any information, materials or functions included in this website/app are appropriate for use in any other jurisdiction. By using this site, you warrant that any personal information provided by you is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by updating your member profile on the Site or by contacting Poco Loco directly (info@pocoloco.co.nz). You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. To use our service you must be over 18 years of age or received adult consent to do so. You are not allowed to register multiple memberships for use by the same person. Violation of this clause may result in termination of your membership. Members' passwords should be kept confidential at all times, and must not be shared or disclosed to anyone. You are responsible for all activities and orders that occur or are submitted through your membership. If you know or suspect that someone has knowledge of your password then you should contact us immediately (info@pocoloco.co.nz) You may not use the site for any unlawful or unauthorised purpose, including without limitation: distributing any unlawful, libellous, abusive, threatening, harmful, obscene or otherwise objectionable material, transmitting material that constitutes a criminal offence, results in civil liability or otherwise breaches any laws, regulations or codes of practice. Must not interfere with any persons use or enjoyment of the site. Damage, disable or impair the operation of this site or attempting to gain unauthorised access to this site or to networks connected to it, through hacking, spoofing etc.
 

Utilising Poco Loco Services
If you use the online ordering features of the website/app, then you must only use the website/app if you are 18 years or older, or otherwise under the supervision of an adult or guardian; you agree to accept full responsibility for all your activities on our website/app and online ordering; and you are solely responsible for maintaining the confidentiality of your personal details, password and payment details. Poco Loco reserves the right to refuse service, terminate, your access to the website/app, or online ordering, remove or edit any content or cancel your orders in its sole discretion and without notice to you. In the event of dispute or chargeback regarding online payment, you should contact Poco Loco directly to resolve the dispute. Poco Loco provides its permission for you to access its website/app in accordance with these Terms & Conditions provided that you: only use the website/app for your personal use; do not copy, distribute or publish any part of the website/app other than as may be reasonably necessary to use the website/app for its intended purpose; do not to use or launch any automated system or program in connection with the Poco Loco website/app or its online ordering functionality; do not to collect or harvest any personally identifiable information from the website/app, use communication systems provided by the website/app for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website/app with respect to their submissions to the website/app, or publish or distribute any vouchers or codes in connection with the website/app, or scrape or hack the Website/app; you comply with the other provisions set out in these Terms & Conditions. Poco Loco do not warrant that your use of the online ordering service or website/app will be uninterrupted and we do not warrant that any information (or communication) transmitted via the online ordering service or website/app will be transmitted reliably, accurately, in a timely manner or at all. Poco Loco do not give warrant that the online ordering service or website/app is free from viruses or anything else which may have a harmful effect on any technology. Additionally, whilst Poco Loco will try to allow uninterrupted access to the online ordering service or website/app, access to the online ordering service or website/app may be suspended, restricted or terminated at any time. All prices are in New Zealand Dollars. All prices include GST (Goods and Services Tax) Poco Loco reserves the right to substitute, change, suspend, modify or remove without notice any information or service on the website/app or forming part of the online ordering service from time to time. Your access to the online ordering service and/or website/app may also be occasionally restricted to allow for repairs, maintenance or the introduction of new services. Poco Loco will endeavour to restore such access as soon as practicable. Poco Loco assumes no responsibility for functionality which is dependent on your browser or other third party software to operate (including, without limitation, RSS feeds). Poco Loco may also withdraw any information from the online ordering service or website/app at any time. Poco Loco reserves the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of this Terms & Conditions. When you are visiting www.pocoloco.co.nz, we may eventually store so called "cookies" on your computer to offer you a better functionality. These cookies contain pieces of information that help us remember you as our customer including information from your previous orders. The use of cookies is industry standard and they are common at almost every internet shop or website/app.
 

Placing Orders
Poco Loco endeavours to deal with reputable third parties who provide a quality service, however http://www.pocoloco.co.nz  and www.grazingbox.co.nzaccepts no responsibility or liability for the quality or quantity of any goods delivered by or collected from affiliated third parties. It is the responsibility of the customer to thoroughly check the supplied. All questions regarding goods shown on this site should be directed to the restaurant. After you submit an order to us, we will give you an "order number" and send the details of this order in an email to you. Please note that this is acknowledgement of your order, not acceptance. Acceptance of your order will only occur when we send you a further email confirming that the restaurant has received and accepted your order. If the restaurant is unable to fulfil your order you will receive an email stating that your order has been declined. Please make sure the email address you provide is correct and your mailbox is in proper working order, as all correspondence regarding your order is sent to this address. All food preparation and deliveries are the sole responsibility of Poco Loco. Please be aware that the restaurant will do everything they can to meet the delivery time you specified, however delivery times may be affected by factors beyond their control and therefore cannot be guaranteed. We will inform you if we become aware of an unexpected delay. Incorrect personal details may lead to problems or delays in delivery, so please ensure that you have included your correct address (including postcode), email address and contact mobile number when ordering.
 

Payments
Once your order has been accepted, this represents an agreement between you the customer and the restaurant. The restaurant has sole responsibility for this order. If you have chosen to pay with credit or debit card on the website/app then the transaction is processed by stripe as an authorised agent of the restaurant. All prices are inclusive of GST and quoted in New Zealand Dollars (NZD). Delivery and/or card charges are calculated per order and based on the policy of the individual restaurant. Any delivery charges or card fees will be displayed clearly in your Order Summary. Prices are subject to change and all goods are subject to availability.
 

Cancellations
You have the right to cancel an order up to 3 hours prior to delivery/pick up time. You must phone use to cancel the order on 09 2381607. While every effort is made to ensure that accurate pricing and descriptions are maintained, we reserve the right to cancel any order that is based on inaccurate information. An order may be subsequently cancelled by a restaurant after you have received an email stating the order has been accepted. Pocoloco Limited and its affiliates reserve the right to cancel any order, before or after acceptance, and will notify you immediately of any such cancellation.
 

Registration & Accounts
Poco Loco reserves the right to decline a new registration or to cancel an existing registration at any time. To register with Poco Loco, you need to input on the website/app personal information which may include your name, delivery address, contact details, payment details and other personal information that may be offered on the site from time to time. The Privacy Policy sets out how we will manage your personal information. When you have successfully registered with Poco Loco, you will either be asked to enter a user defined password & to confirm your password accordingly. It is your responsibility to keep the password confidential and immediately notify us (Poco Loco) if you suspect any unauthorised use of your email address or any breach of security, or if any authorised third party becomes aware of that password. You agree that if you disclose to any person your user name or password, they are authorised to act as your agent for the purposes of using (and/or transacting via) on the website/app. You are entirely responsible if you do not maintain the confidentiality of your password and Poco Loco is not liable to you if another person orders food or beverages on your behalf after stealing your password. Poco Loco requires all accounts to be registered with a regularly accessed, valid personal email address, so that we can communicate with you. We (Poco Loco) reserve the right to close without notice, any accounts which have been registered with someone else's email address or with temporary email addresses. Users may be required to re-validate their accounts if we believe they have been using an invalid email address. If any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if a non-Pukekohe user pretends to be a user, or disrupts the website/app in any way, we reserve the right to close their account(s).
 

Submitting & Transmission of Information
All user submissions once submitted to our website/app or through social media managed by Poco Loco become the property of Poco Loco. Poco Loco reserves the right not to post the user submissions to its website/app or to change the submissions in any way it sees fit. You agree that Poco Loco may publish your name and submissions on the website/app, social media or in any other media. You also agree that Poco Loco does not guarantee the confidentiality of any user submissions whether or not they are published on the website/app. You agree that Poco Loco does not endorse any user submission and disclaims all liability in connection with a user submission. You agree not to submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Poco Loco all of the licence rights granted herein. You agree not to submit information which is false or misleading, unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be consider a criminal offence. You agree not to use the website/app to post advertisements or solicitations of business without our prior written consent. You agree that you will not impersonate another person when using www.pocoloco.co.nz. In connection with your own user submissions, you represent and warrant that you own or have the necessary licences, consents and permissions to use and authorise Poco Loco to use all patent, trademark, trade secrets, copyright or other proprietary rights in and to any and all user submissions to enable inclusion and use of the user submissions in the manner contemplated by the website/app and these Terms & Conditions. Poco Loco does not permit copyright infringing activities and infringement of intellectual property rights on its website/app. Poco Loco will block and remove all content if such content infringes another person's intellectual property rights. Poco Loco reserves the right to remove content without prior notice. Poco Loco also reserves the right to terminate, without notice, a user's access to its website/app, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of activity which infringe these Terms & Conditions on one previous occasion and/or has had information removed from the website/app.
 

Intellectual Property
You may not print, copy, reproduce, download, republish, broadcast, transmit, display, modify or re-use the materials from this site for anything other than personal, non-commercial use, including in particular any purpose which publicly re-sells or re-uses the materials, without the prior written consent of the copyright holder. All copyright, trademarks and other intellectual property rights in this site and its content (including without limitation the site design, text, graphics, logos, icons, images and all software, databases and source code connected with the site) are owned by or licensed to Poco Loco or otherwise used by Poco Loco as permitted by law.
 

Indemnity
You must indemnify and hold harmless Poco Loco, its directors, officers, employees, agents, vendors, advertisers, partners and suppliers and keep them indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from your access to and use of this site, any breach or violation of the Terms & Conditions of this site or your violation of any law or your violation of the rights of any third party.
 

Availability
This Site may be unavailable at certain times to allow for maintenance and upgrades. Although we will endeavour to notify customers in advance of any service unavailability, this cannot be guaranteed and we reserve the right to alter or withdraw the service at any time.
 

Ownership Rights
This website/app provides restaurant information and opinions, as well as tools to order food online. It must be assumed that all material on this site is protected by copyright laws of New Zealand or other jurisdiction unless otherwise noted and may not be used except as permitted in these Terms & Conditions or in the text on this site. Access to this website/app, does not grant you the license or right to you any service marks appearing on this site without the prior written approval of Poco Loco or the third party that may own the service mark. Unless otherwise specified, all service names, custom graphics, icons and logos are registered trademarks, unregistered trademarks, trade names or service marks of Poco Loco. The trademarks, service marks, designs and logos (collectively, the "Trademarks") displayed on this Site and/or on e-mails sent to you are the registered and unregistered Trademarks of Poco Loco. All third party trademarks, trade names or service marks are the property of their respective owners. The use of any Poco Loco service marks without our express written approval is strictly prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
 

Search Engines
Poco Loco consents to operators of publicly available search engines, such as Google and Yahoo!, to use software applications, such as spiders, to copy materials from the website/app solely for the purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Poco Loco reserves the right to withdraw that consent in full or in part at any time.
 

Liability Disclaimer
To the maximum extent permitted by law, the liability of Poco Loco to you for any losses arising in relation to these Terms & Conditions or the use of our website/app as a result of our breach of these Terms & Conditions or our negligence shall not exceed $50. Poco Loco is not liable for any consequential losses, special losses, or indirect losses arising from your use of its services. Poco Loco is not responsible for any photographical or typographical errors in relation to any detail or description of the restaurant. Poco Loco takes no responsibility for any bad experiences or bad food at any of its outlets/afilates. Poco Loco disclaims any liability for the acts, errors or omissions of any third party users, advertisers or sponsors on the Poco Loco site. Poco Loco is not responsible for the products, services, actions, errors or omissions of any product or service provided by any third party, in relation to the Poco Loco site. Changes to Terms & Conditions Poco Loco may, in its discretion and subject to law, amend or otherwise modify the Terms & Conditions from time to time. Poco Loco recommends that you carefully read, each time you visit the website/app, the Terms & Conditions as they may affect your rights.
 

Promotions & Discounts
Poco Loco may from time to time offer promotions or discounts to its members free of charge or for value for use in conjunction with ordering their food or beverages. Any promotions or discounts offered through the website/app cannot be redeemed or refunded for cash with Poco Loco or use beyond their respective expiry dates. Poco Loco has no obligation to redeem any promotions or discounts which appear in its sole opinion to have been tampered with or forged.
 

General Terms & Conditions
These Terms & Conditions, together with the Poco Loco Privacy Policy constitute the entire agreement between you and Poco Loco concerning the website/app and the services. If any provisions of these Terms & Conditions or Privacy Policy are deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provision of these Terms & Conditions or the applicable policy, which will remain in full force and effect. No waiver of any term of these Terms & Conditions will be deemed a further or continuing waiver of such term or any other term, and the failure by Poco Loco to assert any right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision. The services provided by Poco Loco and use of the website/app, as well as making of any purchase of food or beverages through the website/app does not include the provision of a computer or other necessary equipment you might need to access the website/app or the service or to make any purchase of food or beverages. To use the website/app or to make a purchase of food or beverages, you will require internet connectivity and appropriate telecommunication links. Poco Loco is not liable for any telephone costs, telecommunications costs or other costs that you may incur or for any technical malfunction to the computer equipment or phones that you use. The relevant member restaurant, and not Poco Loco, who supplies you with food or beverages is solely responsible for supplying you with the ordered food or beverages, the quality of that food or beverages, and for redeeming any promotions or discounts you purchase from Poco Loco or are gifted to you. Poco Loco takes no responsibility for the service of any alcohol by member restaurants or parties listed on its website/app. Poco Loco does not act as agent for the member restaurants or third parties listed on the website/app. Nothing in these Terms & Conditions shall be construed to create a joint venture, partnership or agency relationship between you and Poco Loco and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other. You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms & Conditions. Poco Loco shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms & Conditions to any person. Poco Loco shall not be liable for any breach of our obligations under these Terms & Conditions if we are hindered or prevented from carrying out our obligations by any cause which is outside our reasonable control, including by fire, lightning, flood, extremely severe weather, lock-out, strike, labour dispute, act of God, riot, war, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events). If any provision of these Terms & Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
 

Emails & Submitted Content
Any communication or material you transmit or submit to this site or Poco Loco by electronic mail or other means, including any data, ratings, opinions, restaurant information, questions, comments, suggestions, will be treated as non-confidential and non-proprietary. Poco Loco is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing products or services using such information. You grant a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate to the best of your knowledge; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify, defend and hold harmless, Poco Loco for all claims resulting from content you supply. Poco Loco has the right but not the obligation to monitor and edit or remove any activity or content. Poco Loco takes no responsibility and assumes no liability for any content posted by you or any third party.
 

Third Party Sites
Our website/app may contain links to other website/apps and services. We are not responsible for the content of, or the terms and conditions policies or practices employed by other companies or website/apps linked to or from this site. Please read the terms and conditions policies of any other company or website/app you may link to from our website/app. Our terms and conditions policy applies only to our website/app and the products and services we offer. While Poco Loco may provide links on this site to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site or the content of the site. Poco Loco disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.
 

Dispute Resolutions
The laws of New Zealand govern this web site. This Website/app may be accessed throughout Pukekohe and overseas. Poco Loco makes no representations or warranties that the content of this web site complies with the laws (including intellectual property laws) of any country outside New Zealand. If you access this web site from outside New Zealand, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located. You agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts. Feedback and User Submissions We do not solicit nor wish to receive any confidential or proprietary information from you. Nor do we wish to receive any creative materials, ideas or suggestions other than those we specifically request. If you do send to us by email or otherwise, any communication or material, you represent and warrant that the information and material is original to you, and you will be deemed to have granted us a perpetual, world-wide, royalty-free license to use such communications or material in any way we see fit and we will be free to use any such material or information contained in communications you send for any purpose whatsoever.
 

Customer Reviews & Ratings
The ratings contained on this website/app are for informational purposes only and do not constitute advice. Nor should you rely on reviews to make (or refrain from making) or take (or refrain from taking) any action. Reviews are the opinions of customers who have ordered through the website/app, and any statements, advice or opinions made by such customers are those of such customers only.
 

Entire Agreement
These Terms and Conditions represent the entire understanding relating to the use of the website/app and prevail over any prior or contemporaneous, conflicting or additional, communications. Termination We reserve the right to decline a new registration, terminate your right to link to the website/app, remove you as a user of this website/app, and/or prevent any further use if you violate any of the Terms & Conditions. If we consider there to be a risk of liability or loss to us or our member restaurants we may take any action deemed necessary to prevent such a liability or loss from occurring. If we terminate your right to link to the website/app you must cease linking to the website/app immediately. Any person who holds a suspended or terminated membership must not order from or re-join this website/app without our prior written consent. We reserve the right to assign or sub-contract any or all of our rights and obligations under these terms. Please note that we have the ability to trace your IP address, and if necessary, contact your ISP in the event of a suspected breach of these Terms & Conditions.
 

Enforceability
If any part of these Terms & Conditions is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any of the remaining provisions of these Terms & Conditions. No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
 

Governing Law
The Terms & Conditions, Privacy Policy and any matter relating to this website/app shall be governed by the laws New Zealand and any dispute shall be resolved exclusively in the courts of Auckland, Pukekohe.
 

Contact Us
If you have questions or concerns about these Terms and Conditions you can contact us at info@pocoloco.co.nz We recommend you print a copy of these Terms & Conditions for your future reference.