Welcome to Fale, the innovative online marketplace designed to bring back home cooked meals, 1 kitchen at a time.

1. Definitions

In these Terms, the following definitions apply unless the context dictates otherwise:

"Base Price" refers to the price at which food or delivery service is advertised for sale on the Fale Marketplace;
"Kitchen" refers to the home-based food business that advertises food items for sale on the Fale Marketplace;
"Fale App" refers to the Fale branded online application(s) for computers and handheld devices developed by Fale that enable you to place Orders to buy food and associated items from Kitchens;
"Fale Marketplace" refers to the website(s) and online application(s) for computers and handheld devices developed by Fale, including but not limited to the Fale App;
"Fale Website" refers to the URL where the Fale Marketplace is hosted;
"Order" refers to an order to purchase food items or services, and potentially a delivery service from a Kitchen, placed by you as a customer using the Fale Marketplace;
"Food Item" refers to a food product offered for sale by a Kitchen on the Fale Marketplace, and may include associated or related non-food items;
"Services" refers to the services provided by Fale as outlined in the relevant section of these terms and conditions.

2. Contracts

To participate in the Fale Marketplace, you must first establish an account through the Fale App. Instructions for account creation are provided within the app. By setting up your account, you agree to adhere to the terms and conditions presented, which constitute a binding agreement regarding your engagement with the Fale Marketplace. Each time you make an Order via the Fale Marketplace:

• You affirm that you possess the legal authority to form binding contracts and are at least 18 years of age;
• These terms and conditions serve as the agreement between you and us concerning our Services and your use of the Fale Marketplace; and
• You enter into an independent agreement with the Kitchen for the purchase and sale of food, governed by the stipulations detailed herein these terms.

3. Your Contract with Fale

We agree to provide the following services to you ("Services") on and subject to these terms and conditions:

• Access to the Fale Marketplace and our community of home-based Kitchens;
• Easy and secure payment processing;
• Notifications about your order;
• A communication service for inquiries related to the Fale Marketplace;
• And such other services as Fale may, in its discretion, choose to offer from time to time.

4. Your Contract with the Kitchen

When you place an Order, and it is accepted by the relevant Kitchen, a contract is created between you and the Kitchen for the sale and purchase of the food item(s) in that Order. The terms of that contract are as follows:

• All Orders must be made using the Fale App, which will guide you through the Order process.
• If you have any food allergy or preference, or any questions about the contents of a meal, please include them in the 'Allergy / Notes' box when you place an Order. Some Kitchens may be able to offer substitute ingredients, but others may not. If a Kitchen cannot meet your needs, then the Kitchen will reject your order and you will not be required to make payment.
• Once you place an Order by clicking the 'Pay' button in the Stripe Payment screen, you will be charged for your Order, and you are not able to withdraw or cancel your Order.
• If for any reason the Kitchen is not able to fully or partially fulfill your Order, Fale will promptly provide a refund of the amount charged for your Order, or for the part not fulfilled.
• If the Kitchen accepts your Order, the Kitchen agrees to sell you the meal(s) and any associated items and services in your Order at the Total Price.
• The Prices for meals may change from time to time, but any such change will not apply to any Order that you have already placed.
• You accept that meals prepared by the Kitchen may not look exactly like the promotional photo uploaded by the Kitchen in the Fale App.
• The Kitchen will take reasonable care in the preparation of the meals, but you accept that meals may include unintended elements, materials or items which are not easily detected or removed, and which may be hazardous. By way of example (and without limitation) you accept that: meat meals may contain bones or fragments of bones; fish meals may contain bones, fragments of bones or scales; rice dishes may contain sand or grit etc. You accept that these are risks inherent in different types of food, and neither the Kitchen nor Fale are responsible for any loss or harm suffered by any person as a result of any unintended element, material or item in any meal.
• Unless your Order includes a delivery service, you will be expected to collect your Order from the Kitchen's specified pick-up address, when you receive notification that your Order is ready for pickup.
• The Kitchen will hold your Order ready for pickup for a time that is reasonable in the circumstances and having regard to the time of day, and how well the meal(s) can safely be held, but in any case if you have not collected your Order within 1 hour of being notified that it is ready for pickup (or sooner if the Kitchen considers it appropriate for food safety reasons) the Kitchen may dispose of your Order and you will not be entitled to a refund.
• If your Order includes a delivery service, the Kitchen will arrange delivery of your Order to the delivery address you specified when you placed your Order, provided that the delivery address is within the area the Kitchen has identified their delivery service is available for, and you must make sure safe delivery is possible at that delivery address. If you are not available to receive delivery at your specified delivery address, your Order may be left at the front door or gate at your specified delivery address, and in that case delivery is effective when the Order is left at the front door or gate, and neither the Kitchen nor Fale are responsible for anything that happens to the Order thereafter.
• Times specified in the Fale App for pickup or delivery are estimates only. The Kitchen will try to have your Order ready for pickup, or delivered at the specified times, but neither the Kitchen nor Fale guarantees that the Orders will be ready or delivered at the specified time. You will receive a notification from Fale when your Order is ready for pickup.
• You and the Kitchen agree to be courteous and respectful to each other throughout the pickup or delivery process.

5. Payment, Fees and Charges

It is important that you take time to review your Order, the associated Total carefully before you proceed to payment. By clicking on the ‘Pay’ button, your Order becomes a binding commitment to purchase the items selected at the indicated Price, and no amendments to your Order will be possible thereafter.

Payment for Orders must be made using a credit or debit card through the Fale Marketplace. Fale is authorized to process payments on behalf of the Kitchen, which means there is no need for you to make payments directly to the Kitchen. On your credit card or debit card statement, Fale will be listed as the merchant of record.

Fale applies fees to all transactions processed via the Fale Marketplace. These costs are factored into the Total Price.

All prices displayed in the Fale Marketplace and any Service Fees include Goods and Services Tax ("GST").

6. Refund Policy

If a Kitchen rejects or is unable to fulfil your Order, you will receive a notification from Fale and Fale will promptly provide a full refund of the amount charged for your Order;

If after the Kitchen has accepted your Order, the Kitchen subsequently advises us that they are not able to fulfill part of your Order, then the Kitchen will contact you via the in-app communication tool, and they may need to decline your order and you may need to place a new Order;

If you are not satisfied with your Order, please contact us at: support@fale.co.nz and provide details. We will consider whether or not to provide a full or partial refund of the amount charged for your order. You agree that Fale’s discretion in this matter is final.

7. Privacy Policy and Personal Information

Registration with and use of the Fale Marketplace requires you to provide personal information. We maintain a privacy policy https://fale.co.nz/privacy. You consent to the release of your personal information to us and to third parties in connection with the uses contemplated by the privacy policy. If you have questions or comments about our privacy policy, please contact us at: support@fale.co.nz.

You understand that your personal information and content about you (excluding credit card information) may be transferred unencrypted within the Fale Marketplace, and this may involve: (a) transmissions over various electronic networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

We will not hold your credit card information within the Fale Marketplace.

8. Registration and Accounts

By registering on the Fale Marketplace, you consent to receiving marketing, promotional, and other material by way of electronic messages from us. You must ensure that all usernames and passwords required to access the Fale Marketplace are kept secure and confidential and you must notify us immediately of any unauthorized use of your password or any other breach of security. You must not transfer your account to another user or maintain more than one account with us without our consent.

We may, at our sole discretion, suspend or terminate your account and/or limit your access to the Fale Marketplace at any time without notice.

In order to utilize the services provided by the Fale Marketplace:

• You must enter information required to open an account by following the registration process set out in the Fale App or on the Fale website; and
• You must agree to these terms and conditions.

9. Users outside New Zealand

The Fale Marketplace is currently operated by Fale, which is a product developed by DATANEST LIMITED, a company registered in New Zealand with its registered office located in New Zealand. At present, Fale only accepts Orders from within New Zealand, and all transactions must be conducted in New Zealand Dollars.

10. Intellectual Property, Copyright and Trademarks

We (or our licensors or suppliers) own all intellectual property rights in the Fale Marketplace, and you may not copy or use the Fale Marketplace or any aspect of it for any purpose other than as a Fale user. No use of the Fale Marketplace will grant you any ownership or other rights in the Fale Marketplace, except for the limited and revocable licence expressly granted to you in these terms.

We own all intellectual property associated with the Fale Marketplace itself, including without limitation all know-how, copyright, and trademarks. With the exception of any rights a Kitchen may retain in their images and any content they post on the Fale Marketplace, we own all copyright in all material published on the Fale Marketplace.

No part of the Fale Marketplace may be distributed or copied for any commercial purpose and you are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic, or any other form) without our prior written consent. You may not frame any part of the Fale Marketplace material by including advertising or other revenue generating material. Further, you may not remove or alter any trademarks or logos that appear on any material on the Fale Marketplace.

You grant us, at our discretion, to retain, keep a record of, and use, any material you upload or post on the Fale Marketplace as we see fit.