Consumer Terms and Conditions

These Terms and Conditions are a legal contract between you ("you" or the "Consumer") and KaiMate NZ Limited ("KaiMate", "we", or "us"), governing your use of the KaiMate Platform as a consumer. By creating an account and ticking the acceptance checkbox during registration, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions. You also agree to KaiMate's Privacy Policy, incorporated by reference.

If you do not agree to any of these Terms and Conditions, you must not register for or use the KaiMate Platform.

Please read these Terms and Conditions carefully and contact us if you have any questions.

For the purpose of these Terms and Conditions the following terms have the meanings set out below:

• "Account" means the registered consumer account you create on the KaiMate Platform, through which you access all Platform features including placing Orders and participating in the TohaKai programme.
• "Cancellation" means a request made by you, prior to Merchant acceptance, to withdraw a submitted Order from the Platform.
• "Community Account Holder" means an eligible community organisation approved by KaiMate to receive community contributions under the TohaKai programme.
• "Community Contribution" means the NZD $0.50 amount allocated by KaiMate from the Platform Fee to your selected Community Account Holder upon completion of each Order. Community Contributions are funded by KaiMate; they are not an additional charge to you and are not tax-deductible gifts.
• "Completed Order" means an Order that has been accepted by the Merchant and successfully fulfilled by pickup by you.
• "Consumer" or "you" means an individual who has registered a consumer Account on the KaiMate Platform for the purpose of placing Orders from Merchants.
• "Effective Date" means the date of the latest published version of these Consumer Terms and Conditions.
• "GST" means New Zealand Goods and Services Tax at the rate of 15%.
• "KaiMate App" means the mobile application owned by KaiMate NZ Limited, available for Android and iOS operating systems.
• "KaiMate Platform" or "Platform" means the digital platforms operated by KaiMate in New Zealand, including the KaiMate App, the website at kaimate.co.nz, and any related technology through which consumers can discover, order from, and interact with Merchants.
• "Merchant" means a restaurant, café, food truck, home kitchen, market stall, or similar food and/or beverage business registered on the KaiMate Platform.
• "Order" means a single request initiated by you through the Platform to purchase food and/or beverages from a Merchant for pickup. An Order may include multiple items.
• "Platform Fee" means the flat NZD $1.20 (GST-inclusive) fee charged to you on each Order, from which KaiMate funds its operations and the Community Contribution. The Platform Fee is in addition to the food and beverage total charged by the Merchant.
• "Stripe"means Stripe, Inc., KaiMate's third-party payment processing provider, through whose infrastructure all payments are processed.
• "TohaKai"means KaiMate's community contributions programme ("toha" meaning to share or distribute; "kai" meaning food in te reo Māori), through which a Community Contribution is automatically allocated from each Completed Order to the Community Account Holder you have selected in your Account Settings.

Scope. These Consumer Terms and Conditions govern your access to and use of the Platform as a consumer. Nothing in these Terms and Conditions creates a partnership, employment, or agency relationship between you and KaiMate. The contract for the sale of food and beverages is between you and the relevant Merchant; KaiMate acts as a facilitator of that transaction.

2.1 Eligibility Requirements

To register for and use the KaiMate Platform as a consumer, you must:

• be at least 18 years of age;
• be located in New Zealand;
• have a valid New Zealand payment method accepted by Stripe (currently, New Zealand-issued cards only); and
• agree to and comply with these Consumer Terms and Conditions and KaiMate's Privacy Policy.

By ticking the acceptance checkbox during registration, you declare that you meet all eligibility requirements. If you do not meet these requirements, you must not use the Platform.

2.2 Mandatory Account Creation

Account creation is mandatory. There is no guest ordering available on the KaiMate Platform. You must register an Account before you can browse Merchant menus, place Orders, or participate in the TohaKai programme.

2.3 Registration Methods

You may create an Account by:

• registering directly with your email address and a password of your choosing; or
• signing in via a supported third-party authentication provider (currently Google or Apple). Where you use a third-party sign-in method, KaiMate receives only the basic profile information permitted by that provider (typically your name and email address). Your use of those services is governed by their own terms and privacy policies.

2.4 Account Security

You are responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account. You must:

• choose a strong, unique password and not share it with any other person;
• notify KaiMate immediately if you suspect any unauthorised access to or use of your Account; and
• not create more than one consumer Account. Multiple accounts created to circumvent suspensions, access multiple community contribution benefits, or for any other fraudulent purpose are prohibited and may result in all associated accounts being permanently terminated.

KaiMate will never contact you to request your password or full payment card details. If you receive such a request purportedly from KaiMate, do not respond and contact us immediately.

2.5 Accurate Information

You must provide accurate, current, and complete information when registering and must promptly update your Account information if anything changes. KaiMate may suspend or terminate an Account if inaccurate information is discovered.

KaiMate grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for your personal, non-commercial use in accordance with these Terms and Conditions. You must not:

• use the Platform for any unlawful purpose or in any way that violates applicable laws or regulations;
• attempt to gain unauthorised access to any part of the Platform, its systems, or the accounts of other users;
• use automated means (including bots, scrapers, or crawlers) to access or interact with the Platform;
• reproduce, modify, distribute, or create derivative works from any part of the Platform without our express written permission;
• use the Platform to transmit any unsolicited communications, spam, or harmful content; or
• interfere with or disrupt the integrity or performance of the Platform or its underlying infrastructure.

We reserve the right to withdraw or modify the Platform, or any feature of it, at any time without notice, and we will not be liable to you if for any reason the Platform or any feature is unavailable at any time or for any period.

4.1 How Ordering Works

The KaiMate Platform is a pickup-only pre-order service. There is no delivery component. When you place an Order, you are submitting a request to purchase food and/or beverages from the Merchant for collection from the Merchant's premises at the agreed pickup time. The Merchant must accept your Order before it is confirmed.

4.2 Order Submission

When you submit an Order, you authorise KaiMate to initiate payment processing via Stripe on the Merchant's behalf. Your card is charged at the time of submission, covering:

• the food and beverage total as listed by the Merchant; and
• the Platform Fee of NZD $1.20 (GST-inclusive).

All payments are processed through Stripe. KaiMate never receives, stores, or transmits your card number, CVV, or other payment credentials. KaiMate holds only the payment token and transaction confirmation returned by Stripe. Your payment data is governed by Stripe's Privacy Policy.

4.3 Merchant Acceptance

An Order is not confirmed until the Merchant accepts it through the Platform. If a Merchant declines your Order, or does not respond within a reasonable time, the Order will not proceed and a full refund of all amounts charged (including the Platform Fee) will be issued to your original payment method. KaiMate is not responsible for a Merchant's decision to decline an Order.

4.4 Order Cancellation by You

You may cancel an Order at any time before the Merchant accepts it. To cancel, use the cancellation function within the KaiMate App. If your cancellation is processed before Merchant acceptance, a full refund of all amounts charged will be issued to your original payment method.

Once a Merchant has accepted your Order, cancellation is not available through the Platform. If you experience a genuine issue after acceptance, you may contact KaiMate support; however, refunds for accepted Orders are governed by Section 4.6.

4.5 Pickup Obligations

You are responsible for collecting your Order from the Merchant's premises within the pickup window confirmed in the app. If you do not collect your Order (a "no-show"):

• No refund of any amount (food cost or Platform Fee) will be issued.
• The Merchant is not obliged to hold the Order beyond the confirmed pickup time.
• Repeated no-shows may be taken into account in KaiMate's assessment of your Account conduct.

Where you are running late, we encourage you to contact the Merchant directly via the contact details in the app.

4.6 Refund Policy

KaiMate's refund policy for consumers is as follows:

You are entitled to a full refund (food total and Platform Fee) in the following circumstances:

• Your Order is declined by the Merchant.
• Your Order is not responded to within a reasonable time and is therefore cancelled by the Platform.
• You cancel your Order before Merchant acceptance (see Section 4.4).
• A KaiMate system error results in an incorrect or duplicate charge.

Refunds are not available in the following circumstances:

• You fail to collect your Order (no-show).
• The Merchant is unable to fulfil your Order after acceptance due to stock unavailability or other merchant-side issues. In this event, you should contact the Merchant directly in the first instance; KaiMate may assist with mediation but does not guarantee a food-cost refund from the Merchant.
• You are dissatisfied with the quality, preparation, or presentation of your food. Food quality disputes are between you and the Merchant.

Where a refund is due, it will be processed to your original payment method. Processing times depend on your card issuer but are typically 3–5 business days.

4.7 Domestic Cards Only

KaiMate currently accepts only New Zealand-issued payment cards. This limitation reduces foreign exchange complexity and dispute handling risk. International cards may be enabled in the future.

4.8 Platform Fee

The Platform Fee of NZD $1.20 (GST-inclusive) is charged on every Order regardless of the order value. It is a flat fee — not a percentage of your food total. The Platform Fee covers KaiMate's operating costs and funds the Community Contribution of NZD $0.50 allocated to your selected community partner on each Completed Order.

Note: The Platform Fee is not an "in-app purchase" within the meaning of Apple App Store or Google Play rules. The food and beverage payment goes directly to the Merchant via Stripe; KaiMate's Platform Fee is collected separately as a business-to-business fee. KaiMate does not charge for access to the app itself.

5.1 Programme Overview

Every time you complete an Order on the KaiMate Platform, KaiMate allocates NZD $0.50 from the Platform Fee to your chosen Community Account Holder as a community contribution. This is KaiMate's TohaKai programme — our commitment to keeping money in the communities where our Merchants and Consumers live and work.

5.2 How It Works

• You select a default Community Account Holder in your Account Settings. This choice is yours to make at any time after registration — it is not a per-order checkout prompt.
• Until you make a selection, community contributions are automatically directed to KaiMate's default nominated partner (currently Muritai School, Eastbourne).
• Community contributions are allocated automatically upon each Completed Order — that is, after the Merchant has accepted your Order and you have collected it. Contributions are not allocated on cancelled or unaccepted Orders.
• KaiMate pays contributions to Community Account Holders in cash on a quarterly basis.
• You may change your selected Community Account Holder at any time in your Account Settings. The change applies to all future Completed Orders from the time of the update.

5.3 Contributions Are Not Donations

Community contributions are funded by KaiMate from the Platform Fee. They are not charitable donations made by you, and they are not tax-deductible. KaiMate does not issue donation receipts in respect of TohaKai community contributions. The TohaKai programme is KaiMate's own community giving commitment; you are the means by which your chosen organisation receives support, not the donor of record.

5.4 No Monetary Value to You

Community contributions have no monetary value to you personally. They cannot be redirected to you, accumulated as a personal balance, exchanged for goods or services, or transferred to another consumer. They exist solely for the benefit of the Community Account Holder you have selected.

5.5 Account Closure and Contributions

Because community contributions are allocated immediately upon each Completed Order, there are no unallocated contributions outstanding at the time of account closure. If KaiMate introduces a consumer-directed loyalty points system in the future, any unallocated points remaining at the time of account closure will be automatically contributed to KaiMate's default nominated community partner.

5.6 Programme Changes

KaiMate may adjust the TohaKai programme (including the contribution amount, payout cadence, or the introduction of new allocation features) with 30 days' notice to consumers. Contributions already allocated will not be reduced retroactively.

6.1 General Obligations

You agree to use the KaiMate Platform honestly, responsibly, and in accordance with these Terms and Conditions and all applicable New Zealand laws. You must not engage in any conduct that is harmful to KaiMate, Merchants, other consumers, Community Account Holders, or the general public.

6.2 Prohibited Conduct

The following conduct is strictly prohibited and may result in immediate Account suspension or permanent termination, as well as referral to relevant authorities where applicable:

• Fraudulent chargebacks or payment disputes. Initiating a chargeback or payment dispute with your card issuer where you have received the goods or services as described, or where the dispute is knowingly false or exaggerated, is considered fraud. KaiMate reserves the right to recover amounts lost to fraudulent chargebacks, including through debt collection or legal proceedings.
• Identity fraud or impersonation. Registering using false identity information, impersonating another person, or using another person's payment method without their consent.
• Multiple accounts. Creating more than one consumer Account, including to circumvent a suspension, access promotional benefits multiple times, or manipulate the TohaKai programme.
• Abuse of the TohaKai programme. Any attempt to manipulate, misuse, or exploit the community contributions programme, including placing and cancelling Orders to trigger or reverse contribution allocations artificially.
• Abusive behaviour. Using threatening, harassing, discriminatory, or abusive language or conduct toward Merchant staff, KaiMate staff, or any other person in connection with your use of the Platform, whether through in-app communications or otherwise.
• Scraping and automated access.Using bots, scripts, or other automated means to interact with the Platform without KaiMate's express written permission.
• Circumventing the Platform.Encouraging or facilitating Merchants to accept orders or payments outside the Platform in order to avoid KaiMate's Platform Fee.
• Unlawful conduct. Using the Platform in connection with any unlawful activity, including but not limited to money laundering, fraud, or the purchase of age-restricted products without meeting age requirements.

6.3 Age-Restricted Items

Where a Merchant lists alcohol or other age-restricted products, you must be 18 years of age or over to order such items. By placing an Order that includes an age-restricted product, you confirm that you are 18 or over. You must be prepared to present valid photo identification at pickup. The Merchant is entitled and required by law to refuse collection if you cannot verify your age. No refund of any food cost is due if collection is refused due to your failure to provide valid identification.

6.4 Dispute Reporting

If you have a dispute with a Merchant regarding an Order (for example, incorrect items, quality concerns, or non-fulfilment), you should first attempt to resolve it directly with the Merchant. If that is unsuccessful, you may raise a dispute through the KaiMate support function in the app. KaiMate may use information from disputes raised by consumers or Merchants to monitor conduct and quality on the Platform, but KaiMate is not a party to the contract between you and the Merchant and does not guarantee a particular outcome.

7.1 Voluntary Account Closure

You may close your Account at any time by following the account deletion process within the App or by contacting KaiMate support. On closure, your personal data will be handled in accordance with KaiMate's Privacy Policy. As noted in Section 5.5, community contributions are allocated per Completed Order and there is no balance to carry over.

7.2 Suspension or Termination by KaiMate

KaiMate may suspend (temporarily) or terminate (permanently) your Account, with reasonable notice where practicable, in the following circumstances. Notice may not be given in advance where there is evidence of fraud, serious unlawful conduct, or immediate risk to the Platform or other users:

• Breach of these Terms and Conditions, including any instance of prohibited conduct set out in Section 6.2.
• Fraudulent, unlawful, or abusive activity on or in connection with the Platform.
• Provision of false or misleading information at registration or subsequently.
• Initiation of a fraudulent payment dispute or chargeback.
• Failure to comply with any applicable law in connection with your use of the Platform.
• Prolonged inactivity, where KaiMate determines account maintenance is no longer reasonable.
• Any other conduct that KaiMate reasonably determines poses a risk to the Platform, Merchants, other consumers, or the public.

Where possible and proportionate, KaiMate will suspend rather than immediately terminate, and will notify you of the reason. You may contact KaiMate to request a review of a suspension. KaiMate may reinstate a suspended Account at its discretion but is not obligated to do so.

7.3 Effect of Termination

On termination of your Account, your access to the Platform will cease. Any pending Orders at the time of termination will be cancelled and refunded where applicable. Outstanding payment obligations to KaiMate survive termination.

7.4 Survival

Provisions of these Terms and Conditions that by their nature should survive termination (including Sections 6, 8, 9, 10, and 11) will continue in force after your Account is closed.

8.1 KaiMate's Rights

KaiMate and/or its licensors own all intellectual property rights in the Platform, including the KaiMate App, website, software, code, design, user interface, logos, trademarks, and all KaiMate-provided content. Nothing in these Terms and Conditions transfers any intellectual property rights to you. You may not use KaiMate's name, logo, or trademarks without our express prior written consent.

8.2 Menu Content

Menu content displayed on the Platform (including item names, descriptions, images, and prices) is provided by and owned by or licensed to the Merchant. KaiMate displays this content solely as a facilitator. Accuracy of menu content is the Merchant's responsibility. Menu items may be accompanied by AI-assisted translations into languages including te reo Māori, Chinese (Simplified), Gagana Samoa, Hindi, Japanese, and German. While KaiMate takes reasonable steps to ensure translation quality, AI-generated translations may not always be perfect. If you have concerns about a translation, please raise them via the app.

9.1 Consumer Guarantees Act 1993

Nothing in these Terms and Conditions limits or excludes any rights you have under the Consumer Guarantees Act 1993 or any other applicable New Zealand consumer protection law that cannot be excluded by agreement. In particular, where KaiMate supplies services to you as a consumer, those services come with guarantees that cannot be excluded, including that they will be carried out with reasonable care and skill.

9.2 Fair Trading Act 1986

KaiMate complies with the Fair Trading Act 1986. We will not engage in misleading or deceptive conduct, make false representations, or use unfair commercial practices in connection with our services to you.

9.3 KaiMate's Limitations

To the fullest extent permitted by New Zealand law (and subject to Section 9.1), KaiMate's liability to you is limited as follows:

• KaiMate is not responsible for the quality, safety, preparation, or fulfilment of food or beverages prepared and sold by Merchants. The contract for food is between you and the Merchant.
• KaiMate is not responsible for a Merchant's failure to have an item available, to prepare an Order correctly, or to fulfil an Order to your satisfaction.
• KaiMate does not guarantee that the Platform will be available at all times, error-free, or free from interruption.
• To the extent permitted by law, KaiMate's total aggregate liability to you for any claim arising out of or in connection with these Terms and Conditions shall not exceed the greater of (a) the total Platform Fees paid by you to KaiMate in the three months immediately preceding the event giving rise to the claim, or (b) NZD $50.
• KaiMate is not liable for any indirect, incidental, special, or consequential loss or damage, including loss of enjoyment, lost savings, or any similar loss, to the extent this can be excluded under New Zealand law.
• To the maximum extent permitted by law, any claim arising out of or relating to these Terms and Conditions must be brought within 12 months after the date on which the event giving rise to the claim occurred. This clause does not limit any rights you may have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

9.4 Your Liability to KaiMate

You are responsible for any loss, damage, or liability incurred by KaiMate arising from your breach of these Terms and Conditions, your fraudulent or unlawful conduct, or your misuse of the Platform. You agree to reimburse KaiMate for any reasonable costs (including legal fees) KaiMate incurs in recovering losses caused by you.

KaiMate collects, uses, and stores your personal information in accordance with its Privacy Policy (available in the app and at kaimate.co.nz) and the New Zealand Privacy Act 2020. By using the Platform, you consent to the collection and use of your information as described in the Privacy Policy. Key points:

• Your payment card details are processed directly by Stripe and are never stored by KaiMate. KaiMate holds only the payment token and transaction record.
• Your Order details (name, order items, pickup details) are shared with the Merchant solely to fulfil your Order.
• KaiMate targets storage of all personal data in the AWS ap-southeast-2 (Auckland) region, consistent with its commitment to digital kaitiakitanga.
• If you enable location services, KaiMate may use your location to show nearby Merchants. You control location permissions through your device settings.
• KaiMate does not sell or rent your personal information to third parties.

You have rights to access, correct, and request deletion of your personal information. To exercise these rights, contact privacy@kaimate.co.nz. If you believe KaiMate has interfered with your privacy, you may complain to the Office of the Privacy Commissioner (privacy.org.nz) or, following the Commissioner's process, to the Human Rights Review Tribunal. Please refer to the Privacy Policy for full details.

11.1 Contact Us First

If you have a complaint or dispute about KaiMate or the Platform, please contact us first at support@kaimate.co.nz. We will aim to acknowledge your complaint within 2 business days and resolve it within 10 business days. We genuinely want to resolve issues quickly and fairly.

11.2 Disputes Tribunal

If we are unable to resolve your complaint through direct negotiation within a reasonable time, you may refer the matter to the New Zealand Disputes Tribunal. The Disputes Tribunal is the appropriate first port of call for consumer disputes up to NZD $30,000 (or up to NZD $100,000 by agreement). It is designed to be accessible, low-cost, and informal, without requiring legal representation. More information is available at disputestribunal.govt.nz.

11.3 Courts of New Zealand

For disputes outside the Disputes Tribunal's jurisdiction, or where either party considers court proceedings necessary, both parties submit to the non-exclusive jurisdiction of the courts of New Zealand. Unless otherwise agreed, proceedings shall be commenced in the courts located in Wellington City, New Zealand.

11.4 Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of New Zealand.

11.5 No Waiver of Consumer Rights

Nothing in this Section 11 limits your rights to bring a complaint before the Commerce Commission, the Office of the Privacy Commissioner, or any other regulatory body with jurisdiction over the subject matter of your complaint.

12.1 Changes to These Terms and Conditions

KaiMate may modify these Terms from time to time. We will post the updated Terms and Conditions with a new Effective Date in the app and on our website. If the changes are material, we will notify you by email or in-app notification at least 14 days before the changes take effect. Your continued use of the Platform after the Effective Date constitutes your acceptance of the updated Terms and Conditions. If you do not agree, you may close your Account before the changes take effect.

12.2 Notifications

We will send notices and communications to the email address registered to your Account. You are responsible for keeping your contact details current. It is your responsibility to check your email for communications from KaiMate.

13.1 Entire Agreement

These Terms and Conditions, together with KaiMate's Privacy Policy (and any other policies expressly incorporated by reference), constitutes the entire agreement between you and KaiMate with respect to your use of the Platform as a consumer, and supersedes all prior or contemporaneous agreements, representations, or understandings.

13.2 Severability

If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it will be severed. The remaining provisions will continue in full force and effect.

13.3 No Waiver

KaiMate's failure to enforce any right or provision of these Terms and Conditions will not constitute a waiver of that right or provision.

13.4 Force Majeure

KaiMate will not be liable for any failure or delay in performing its obligations under these Terms and Conditions where that failure or delay results from causes beyond KaiMate's reasonable control, including acts of God, natural disasters, pandemics, governmental restrictions, power outages, or failures of telecommunications or internet services.

13.5 Language

These Terms and Conditions are provided in English. If KaiMate provides translations into other languages, the English version will control in the event of any ambiguity or inconsistency.

13.6 Electronic Acceptance

These Terms and Conditions are accepted electronically when you tick the acceptance checkbox during Account registration, or when you continue to use the Platform after being notified of an update. Electronic acceptance is legally binding in accordance with the Electronic Transactions Act 2002.

If you have any questions about these Terms and Conditions, need support, or wish to raise a complaint, please contact us:

• KaiMate NZ Limited
• New Zealand Business Number (NZBN): 9429052992285
• Company Number: 9357902
• Registered Office: 111 Muritai Road, Eastbourne, Lower Hutt, 5013, New Zealand
• General Support: support@kaimate.co.nz
• Privacy Enquiries: privacy@kaimate.co.nz
• Phone: 0800 KAI MATE

We welcome your feedback and will do our best to respond promptly.

Thank you for being part of the KaiMate whānau. Every order you place helps keep money in our local community — chur!

© 2026 KaiMate NZ Limited. All rights reserved.