Terms & Conditions
- The ISLAND GELATO CBD LTD mobile application (app) is operated by ISLAND GELATO CBD LTD_LTD (Business Number/ABN 12 345 678 901) and/or any of its franchisees, affiliates, subsidiaries or related bodies corporate (“ISLAND GELATO CBD LTD or we, us, or our”)
- ISLAND GELATO CBD LTD registered business address is:
- Street: 99 Quay St, Ferry Building,
- Suburb/Area: Auckland CBD
- Country: New Zealand
- Information about:
- how to register for the ISLAND GELATO CBD LTD app
- how to receive and redeem various services, rewards, gifts, prizes and/or promotions available to members of the ISLAND GELATO CBD LTD app, which may include food/beverage items, non-food items, and/or promotional offers or information (Promotions),
- how to use the app generally
forms part of these Terms and Conditions.
- By applying to register for the ISLAND GELATO CBD LTD app and/or downloading, accessing or using the app, you accept these Terms and Conditions.
- If you do not agree with these Terms and Conditions, you should not use the Service.
- We can change, suspend or terminate the Service (or any part of it) at any time without prior notice.
- You may only join and participate in or use the ISLAND GELATO CBD LTD app and provide personal information if you are an New Zealand resident aged 14 years or over. If you are under 18, you need your parent or guardian’s consent. Once you join or use the the ISLAND GELATO CBD LTD app, you are bound by these Terms and Conditions, and your parent or guardian who provided consent (if applicable) will also be bound.
How to register for the ISLAND GELATO CBD LTD app
- You must register for the ISLAND GELATO CBD LTD app to receive and redeem Promotions and use the app generally.
- You cannot register for the ISLAND GELATO CBD LTD app if you are under 14.
- You can register for the ISLAND GELATO CBD LTD app by downloading and registering in the app to create an account (Account).
- The information that you provide in registering your Account must be current, correct and complete. You are only able to register and maintain 1 Account and the Account must be in your own name. You must not use another user’s Account.
- We can refuse membership and Account registration requests. This includes where you have previously been banned from the ISLAND GELATO CBD LTD app or ISLAND GELATO CBD LTD website.
- We may refuse requests to log in to the app is they are the same as or similar to existing log-ins; or are inappropriate, offensive, obscene, abusive, defamatory or illegal; or infringe copyright, contain brand names, company names, or registered trademarks; or contain names of high profile or public figures; or contain words promoting political, religious, social, or economic issues; or use the name of another person.
- We may ask you to produce identification to confirm your details and eligibility. If you choose not to provide identification we may cancel your Account.
- You must keep your Account details confidential and you are responsible for any activity on your Account. You must immediately notify us of any unauthorised use of your Account or password or any other security breach. It is your responsibility to request we delete your Account when you no longer wish to be a user.
- The ISLAND GELATO CBD LTD app will continue for as long as we decide.
- If we terminate the ISLAND GELATO CBD LTD app, will will notify you using the ISLAND GELATO CBD LTD app and via email. We will not be liable for the termination of the ISLAND GELATO CBD LTD app or loss of your ISLAND GELATO CBD LTD app Promotions.
- We also run other promotions and competitions outside the ISLAND GELATO CBD LTD app. They are run in accordance with their own terms and conditions.
The ISLAND GELATO CBD LTD app
- The ISLAND GELATO CBD LTD app allows you to use the app to pay for products at participating ISLAND GELATO CBD LTD locations. The app allows you to pay in-store at participating ISLAND GELATO CBD LTD locations and order and pay for products for pick up at participating ISLAND GELATO CBD LTD locations.
- As the functioning of the closest location finder relies on third party systems, ISLAND GELATO CBD LTD does not promise that the location finder will be available or accurate at all times. Opening and closing hours are correct at time of publishing but subject to variation.
- We may conduct surprises, offers, discounts, competitions, incentive programs or offers for ISLAND GELATO CBD LTD app users (generally, Promotions). These Promotions are subject to their own terms and conditions as well as these Terms and Conditions.
- We may offer services, rewards, gifts, prizes or other Promotions to ISLAND GELATO CBD LTD app users (Promotions). The Promotions may be provided by us or a third party (Promotion Partner). The nature, quantity, availability and award of Promotions are in our absolute discretion.
- To redeem a Promotion, you must follow the instructions provided by ISLAND GELATO CBD LTD and/or the Promotion Partner. Any additional costs which may be incurred in redemption of a Promotion, such as travelling to and from a ISLAND GELATO CBD LTD location, are your responsibility.
- You must redeem a Promotions within the time stated. Otherwise, it will expire. There may be limits on the number of Promotions you can receive, or other conditions such as time of day, day, availability at particular ISLAND GELATO CBD LTD location or similar. Subject to law, these are subject to change without notice.
- Subject to law and these Terms and Conditions, we are not responsible if a Promotion is or becomes unavailable.. Subject to law, we are not responsible for any variation in Promotion or their value.
- Promotions cannot be used in conjunction with any other Promotion, claim, offer, upgrade, promotion or discount or similar.
- It is your responsibility to ensure that Promotion are suitable for you.
- ISLAND GELATO CBD LTD or the Promotion Partner may ask you to provide photo ID to confirm you are the Account holder before you can redeem a Promotion.
- Promotions must be taken as offered and cannot be sold, transferred, assigned or otherwise dealt with. Promotion are not replaceable if lost or stolen. Promotion will be declared void if stolen, forged, mutilated or tampered with in any way. Promotion are not exchangeable and cannot be taken as cash. We accept no responsibility for any tax implications – you should seek your own financial advice.
- If a Promotion Partner is providing the Promotion, they are responsible for the Promotion, not us, and they are not our agent (and we are not their agent). You should address any queries about the Promotion to the Promotion Partner. Subject to law, we are not liable for availability, quality or fitness for purpose of Promotion offered by a Promotion Partner.
- In order to use the ISLAND GELATO CBD LTD app in full, you must be a join of the ISLAND GELATO CBD LTD app. When you create an Account for the app, you accept these Terms and Conditions in relation to the ISLAND GELATO CBD LTD app.
Payments made through the ISLAND GELATO CBD LTD app must be paid for by credit or debit card via the payment facility provided. This secure payment facility is provided by a third party payment gateway provider. We do not store your full credit card or debit card details. The User must connect a preferred payment method through the ISLAND GELATO CBD LTD app, but our third party provider will store these details for future retrieval. User’s expressly consent to us sharing their personal information to any third party payment provider we engage from time to time.
- Requests for refunds should be directed to the manager/owner of the relevant locations
Promotions & Vouchers
- ISLAND GELATO CBD LTD may provide specific promotional offers from time to time via the ISLAND GELATO CBD LTD app to Account holders via any other means, such as emails. Some offers may not be available in all locations, may not be redeemable via the app, may only be available to particular users, may only be available online and may only be available for a limited time. Specific terms and conditions as applicable to a promotional offer will be stated at time of offer, and will apply in addition to these Terms and Conditions.
Pricing and Purchases
- All prices are in New Zealand Dollars (NZD). Pricing is not real time but is correct at time of publishing. Prices may vary at time of purchase. We recommends you review your purchase prior to payment before deciding whether or not you wish to proceed with your purchase. We are not liable for any price variations or errors in pricing.
- Purchase made using the app should appear on your bank/card provider statement as ISLAND GELATO CBD LTD_PTY_LTD
General use of the ISLAND GELATO CBD LTD app
- You download, install, access and use the ISLAND GELATO CBD LTD app at your own risk and cost, including Internet service provider costs.
- All material and logos on the ISLAND GELATO CBD LTD app remain our property.
- You must not attempt to decompile, reverse engineer, disassemble or otherwise convert the ISLAND GELATO CBD LTD app.
- Use your own judgement when using the Service and take care of your personal safety. In particular, never use the ISLAND GELATO CBD LTD app when driving.
- We are not responsible for the content of any other websites, social media platforms or applications linked on the ISLAND GELATO CBD LTD app. They may have their own terms and conditions.
- The ISLAND GELATO CBD LTD app may link to social media platforms and access information you have shared with those platforms, and/or contact you via those platforms or information (for example, sending an email directly to you to the email address provided to the Facebook platform).
- We collect, use and disclose your personal information in accordance with any privacy collection statement that we give you, and as stated in these Terms and Conditions.
- We collect and use your personal information through the ISLAND GELATO CBD LTD app for the purposes disclosed when we collect the information and to allow you to:
- register an Account,
- receive and redeem Promotions,
- otherwise use and interact with the app,
and to allow us to:
- contact you with information about the ISLAND GELATO CBD LTD app and ISLAND GELATO CBD LTD’s generally, including special offers, market research or marketing materials via any method;
- share your information with our New Zealand and overseas related entities, officers and agents, third parties and promotional purposes, who may also contact you for similar purposes;
- and use and disclose your personal information for other reasonable related purposes.
- If you decide not to provide us with your personal information, that’s ok, but we may not be able provide you with Promotions, or allow you to may payments using the app, and it may restrict your ability to use the ISLAND GELATO CBD LTD overall.
- Keeping your personal information safe is important to us. Sometimes your information, including payment details that you provide for the ISLAND GELATO CBD LTD app, will be processed and stored overseas by us or our service providers, and we have confidentiality and security requirements for processing and storage. However, security of communications cannot be guaranteed and to the extent permitted by law we are not liable for unauthorised access.
- When you use the ISLAND GELATO CBD LTD app, you consent to our use and disclosure of the location of your device, so that we can provide the ISLAND GELATO CBD LTD app functionalities to you, such as closest location finder.
- We can monitor Account activity. We can terminate or suspend your Account and/or your ISLAND GELATO CBD LTD app access in our discretion, including if we see signs of fraud, abuse or suspicious activity, or any breach of these Terms and Conditions. We reserve our rights in the case of any breach of these Terms and Conditions, our rights, or any unlawful activity.
- If we believe you are using any automated software or other mechanical or electronic automated method to accept receive and/or redeem Promotions, or to take advantage of other promotions, we can suspend or terminate your Account, your ability to make payment with the ISLAND GELATO CBD LTD app and/or your ISLAND GELATO CBD LTD app access.
- To the extent permitted by law, the ISLAND GELATO CBD LTD app is provided on an “as is” and “as available” basis without any warranties of any kind either expressed or implied. ISLAND GELATO CBD LTD disclaims all warranties of merchantability, non-infringement and fitness for a particular purpose or that the ISLAND GELATO CBD LTD app will be error-free or free from harmful code.
- To the extent permitted by law, we have no liability for any loss or claim that you may suffer or incur as a result of your use of the ISLAND GELATO CBD LTD app.
- Our ISLAND GELATO CBD LTD app comes with guarantees that cannot be excluded under the New Zealand Consumer Law. You have rights under the New Zealand Consumer Law for major and minor failures. In addition to other entitlements, for a major failure you may be entitled to a refund or compensation for the reduced value of goods or services. For a minor failure, we may choose to provide you with a replacement or refund for goods or services, or re-supply a service.
- To obtain compensation, you will need to provide documentary evidence of the loss or damage suffered, and documentary evidence that such loss or damage was a reasonably foreseeable consequence of our failure to comply with a consumer guarantee under the New Zealand Consumer Law.
- The type of remedy we will offer you may vary depending on how long it takes you to make a claim.
- Our decision in relation to all aspects of the ISLAND GELATO CBD LTD is final and no correspondence will be entered into.
Governing Law & Amendments
- These Terms and Conditions are governed by the laws of New Zealand and you consent to the jurisdiction of the courts having jurisdiction in that State and courts of appeal from them.
- We may amend these Terms and Conditions, so you should check them from time to time. Your use of our Service, following any changes, is your acceptance of those changes.
All refund rights under both State and Commonwealth law apply.
Our products come with guarantees that cannot be excluded under the Australian Consumer Law. Refunds are not however an automatic right. We don’t have to give you a refund if you:
- change your mind
- buy the wrong product
- buy the wrong flavour, size or type
We may still offer refunds in these situations, however this at our discretion and not a legal requirement.
You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have a product replaced if it fails to be of acceptable quality. If the failure is minor, we reserve our right to offer to replacement only. We reserve the right to not offer a refund or an exchange coupon.
We will provide you with an exchange voucher, refund (refund will be provided using original payment method) or replacement where:
- The product is not of acceptable quality, or
- The product is not fit for its intended purpose, or
- The product does not match the sample or our description; and
You can present a receipt or other adequate proof of purchase. We reserve the right not to offer an exchange voucher, refund or replacement where we deem the product sold to be of acceptable quality.
Proof of Purchase
Returns, refunds, exchanges or replacement requests must be accompanied by any one of the following proof of purchase documents:
- Original mobile app receipt (no photocopies accepted)
- Original point-of-sale (POS) receipt
- Financial Statement (i.e bank statement, credit card statement)
You will be asked for information that is relevant to your return or to satisfy legislative requirement. If you do not provide this information, then we may be unable to process your return. When returning products with proof of purchase, you may be asked for your contact information and your signature as authorisation of the return transaction.
Information we collect and hold
ISLAND GELATO CBD LTD Pty Ltd (Business Number/ABN 12 345 678 901) and/or any of its franchisees, affiliates, subsidiaries or related bodies corporate (“ISLAND GELATO CBD LTD or we, us, or our”) collects personal information about you in a number of ways, including; via our websites, social media pages; via our mobile applications (app); and when you interact with us and provide personal information by any other means including either physically or electronically (“Collection Channels”). Personal information that ISLAND GELATO CBD LTD collects and holds may include your name, email address, delivery address, date of birth, phone number, payment method, social media handles, photographs of you and other identifying information you choose to provide via a particular Collection Channel. When you use a our app, we may also collect personal information about you in the following general categories:
- Location information: If you permit an app to access location services through the permission system in your mobile device, we may collect the precise location of your device when the app is running in the foreground or background in order to deliver your order or to send you alerts such as the location of your nearest location
- Transaction information: We collect your transaction details when you make a payment via our app, including the products you have purchased, the date and time of your order and the amount charged.
- Device information: We may collect information about your mobile device such as the hardware model, operating system, preferred language, unique device identifier and mobile network.
- Other information: We may also collect and log information such as your IP address, access dates and times, browser type and pages visited when you interact with a Website or our app.
In addition to the information listed above, in some cases we may collect personal information about you from third parties, including:
- When you choose to create an account or register for our app using a social media platform such as Facebook or Google;
- When a third party has your consent to disclose your personal information to us, such as when you enter a competition or promotion administered by a third party on our behalf; and
- When it is otherwise lawful for a third party to disclose your personal information to us.
How We collect and hold personal information
Active information collection
ISLAND GELATO CBD LTD may collect your personal information via our Collection Channels when you:
- Make a purchase using our app;
- participate in any offers, marketing activities and/or promotional activities;
- contact us or provide us with personal information directly via any medium including a Website, our app, SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email (“Electronic Messages”), social media platforms, mail, telephone and in person;
- interact with our app for a specific purpose;
- browse our app generally;
- sign-up to, or register an account via, any Collection Channel; or
Mobile platforms such as iOS and Android generally define certain types of information or data that applications cannot access without your consent. Each platform has its own permissions system for obtaining your consent. For example, the iOS platform generally alerts you the first time ISLAND GELATO CBD LTD app wants permission to access certain types of data, such as location services, and will let you choose whether or not to consent to that request. Android devices will generally notify you of the permissions that an app seeks before you first use the app. Your use of the app constitutes your consent. You can generally manage your platform level permissions via the Settings section on your device. For more information, please contact your device provider or refer to the user manual for your device.
- Website: www.islandgelato.co.nz
- Telephone: 021 536 860
- Email: email@example.com
Cookies and passive information collection
As you navigate and access our app, certain information can be passively collected (that is, gathered without you actively providing the information) using various technologies, such as cookies, Internet tags or web beacons, and navigational data collection (log files, server logs, and clickstream data). For example, we may collect information about matters including but not limited to the date, time and duration of visits when using our Application are most commonly accessed. This information is generally not linked to the identity of visitors, except the app app accessed via personalised links in an Electronic Message we have sent or where we are able to uniquely identify the device or user accessing our app.
We may combine your anonymous or personal visitor session information or other information collected through tracking technologies with other personal information collected from you from time to time via our Collection Channels, in order to understand and measure your online experiences and to determine what products, promotions and services are likely to be of interest to you. By accessing our app via links in an email we have sent and/or by accessing our app where you have identified yourself, you consent to the collection of such information where it is personal information.
Purposes for which We collect, hold, use and disclose personal information
Personal information collected may be used for a number of purposes connected with our business operations, which include the following primary purposes:
- For the purposes stated on a particular Collection Channel.
- To maintain and improve the functionality of our app to provide better service to our app users, including the compilation and analysis of statistics and trends, the provision of information to you relating to the content available on that app and any transactions conducted via that app
- To fulfil obligations in respect of any sale and purchase contract and/or any other contract between you and ISLAND GELATO CBD LTD.
- To manage your purchases and facilitate payment.
- To send you any technical, administrative or legal notices important to our app
- To provide you with information about your transactions (including uploading of, access to, and receipt of, content on our app and purchases undertaken on our app), content, services and products.
- To provide marketing materials and information about our products and services, events, special offers, competitions and promotions via any medium including mail, telephone and, where you have opted in, Electronic Messages or any other form of electronic, emerging, digital or conventional communications channel, or to request your feedback for promotional purposes.
- To maintain our relationship with you.
- To respond to customer enquiries or complaints.
- To obtain opinions or comments about products and/or services and to conduct other market research and development (including to record statistical data for marketing analysis).
- To enter you into and administer promotions.
- To provide, maintain and improve our products and services.
- To customise our app based on your preferences.
- To allow you to use and enjoy the functionality of our app.
- To share with trusted third parties including professional service providers, our related bodies corporate, our franchisees, our suppliers and our promotional partners and other trusted third parties (and their directors, servants and agents) and agencies
- To share with your social media communities, to the extent allowed by you.
Not providing information
Failure to provide personal information via our Collection Channels may result in you being unable to register for certain products or services, participate in a promotion, access elements of our app. For example, we may be unable to process a payment made with our app, set up an account for you, include you in a promotion, or provide you with upcoming promotion, event or product information and/or accept promotion entries (where applicable).
Sharing your personal information
For the purposes described above, ISLAND GELATO CBD LTD may share personal information with trusted third parties including professional service providers, our related bodies corporate, our franchisees, our suppliers and our promotional partners and other trusted third parties (and their directors, servants and agents) and agencies, either in New Zealand or overseas countries.
Trusted third parties including professional service providers, our related bodies corporate, our franchisees, our suppliers and our promotional partners and other trusted third parties (and their directors, servants and agents) and agencies may be engaged by ISLAND GELATO CBD LTD to perform a variety of functions, such as fulfilling orders, conducting market research, processing credit card payments, assisting with promotions, data storage and providing technical services for our our app. These companies may have access to personal information if needed to perform such functions. However, these companies may only use such personal information for the purpose of performing that function and may not use it for any other purpose.
Contact by Us and third parties
ISLAND GELATO CBD LTD, our related bodies corporate, our franchisees, our suppliers and our promotional partners and other trusted third parties (and their directors, servants and agents), either in New Zealand or overseas, may contact you via Electronic Messages, telephone, post or any other form of electronic, emerging, digital or conventional communications channel using the personal information provided, in respect of the primary purposes for collection of personal information as stated above.
Despite removing you from the database from receiving future advertising and marketing information or, if applicable, removing you from particular communication channels as selected by you, ISLAND GELATO CBD LTD may send you non-commercial, administrative Electronic Messages which relate to an existing user account. Non-commercial, administrative Electronic Messages may include administrative and transaction confirmations, requests and inquiries or information about a particular ISLAND GELATO CBD LTD app account.
If you no longer wish to receive any communications from ISLAND GELATO CBD LTD via our app, you may delete the app from your mobile or other device.
Ability of others to view information
ISLAND GELATO CBD LTD may provide areas in the app where you can upload user-generated content, post or provide information about yourself, communicate with other users, provide reviews for content, products and/or services or interact with or vote on particular content. This information may become publically available and may be read, collected and used by others outside of a ISLAND GELATO CBD LTD or the ISLAND GELATO CBD LTD app. ISLAND GELATO CBD LTD is not responsible for the conduct of others who may read, collect and use this information.
ISLAND GELATO CBD LTD does not intend to collect personal information from any person under the age of 18 years without the consent of a parent or legal guardian. We urge parents to regularly monitor and supervise their children’s online activities.
Security of personal information
ISLAND GELATO CBD LTD will endeavour to take all reasonable steps to keep secure any personal information recorded, and to keep this information complete, accurate and up to date. All information is passed through to a secure server using encryption technology and stored on secure servers that are protected in controlled facilities, which in some cases may be overseas. ISLAND GELATO CBD LTD employees and data processors are obliged to respect the confidentiality of any personal information held by ISLAND GELATO CBD LTD. However, security of communications over the Internet cannot be guaranteed, and therefore absolute assurance that information will be secure at all times cannot be given. ISLAND GELATO CBD LTD will not be held responsible for events arising from unauthorised access to personal information beyond ISLAND GELATO CBD LTD reasonable control.
Disclosure of personal information to overseas recipients
In some cases, ISLAND GELATO CBD LTD may disclose your personal information to overseas recipients.
Access to personal information
You are in control of any personal information you provide to us. If at any time, you would like to access, review, correct and/or delete the personal information we have about you, or if you would like to change your preferences for contacts from us, you can let us know via the contact details listed below. Please allow 30 days for this request to be processed.
If requested, all reasonable steps to delete personal information will be made, except where it is required for legal reasons. Deletion of information may result in ISLAND GELATO CBD LTD being unable to facilitate or provide you with information about certain transactions, other content, services or product information, upcoming promotions, competitions or event information, and/or provide certain content, products or services.
Links to other sites
Our app may, from time to time, offer links to sites that may be of interest to you but which are not operated by ISLAND GELATO CBD LTD. Their inclusion cannot be taken to imply any endorsement or validation by us of the content of the third party website. Linked websites are responsible for their own privacy practices. If you visit one of these linked websites, you should review their privacy and other policies. We are not responsible, nor do we accept any liability, for the policies, practices and conduct of other companies linked to any ISLAND GELATO CBD LTD Website or the ISLAND GELATO CBD LTD app.
We may use third party advertisements in our app. All third party advertising, if paid for, is paid for by the relevant third party advertisers. Third party advertisements are not recommendations or endorsements by ISLAND GELATO CBD LTD or any of its affiliates. To the extent permitted by law, ISLAND GELATO CBD LTD is not responsible for the content (including representations) of any third party advertisements in our app. Cookies may be associated with these advertisements to enable the advertiser to track the number of anonymous users responding to the campaign.
Franchisee privacy policies
Sale of the Company