Account Terms & Conditions

GONG CHA ONLINE ORDERING

TERMS and CONDITIONS OF USE

PRIVACY POLICY
The Gong Cha Privacy Policy forms part of the Terms and Conditions of Use.
Gong Cha Limited respects the privacy of individuals. This policy sets out the way in which Gong Cha and its Franchisees (the store(s)) (collectively we or us) collect, hold, use, disclose and protect your personal information (Personal Information).

By placing an order with any of the store or providing us with your Personal Information, you agree to your Personal Information being collected, held used and disclosed as set out in this policy.

What Personal Information we collect
We collect Personal Information necessary for us to process your online order. The Personal Information which we collect from you and hold includes the following:
- Your full name (first & last name).
- Your email address.
- Your contact number.
- Your address information.

When you place an order with us online using the Gong Cha online ordering system, we collect additional Personal Information from you such as:
- Your IP address as part of your order.
- Your previous order information.
- Your feedback.
- If you use a Gong Cha vouchers we collect information about the voucher such as type of voucher, order details and date used.

How do we use your Personal Information
We use Personal Information for the purpose for which it was provided to us, other related purposes and as permitted or required by law. Such purposes include, but are not limited to, the following:
- Processing any order you place with us.
- Providing you with an email confirmation of your order.
- Providing you with the assistance, products and/or services you have requested.
- Used to verify your credit card payment.
- Allowing you to join the Gong Cha mailing list.
- Determining the number of visitors to our websites, and conducting reviews of our websites.
- Sending you offers or information on products or services that we consider will be of interest to you as part of the Gong Cha family.
- Keeping you informed about any changes to our websites as well as goods and/or services.
- Conducting market research (including focus group, panels and surveys) so that we can better understand the needs of our customers and tailor our future products and services accordingly.
- Any other purposes identified as the time of collecting your information stored to help you remember and re-order from our menu in future.
- Requesting your feedback on our products and/or services.
- Responding to any complaints, enquiries and feedback.
- Un-subscribing your details from our databases.

Credit card details
Gong Cha does not store any credit card details for online orders.

Third Party disclosure of your Personal Information
Where appropriate, Gong Cha will share your Personal Information with the stores and with other third parties, including:
- To meet the purpose for which it was submitted to us.
- Our related entities and third parties who provide services to us or on behalf (for example third party processing your online payments, IT and cloud storage services providers and processors, third party suppliers providing our SMS services).
- Entities which you have expressly allowed us to disclose your Personal Information to .
- Any entities that we are requited or permitted by law to disclose your information to.
- To a joint promoter or service provider for marketing and research purposes (only if your Personal Information is collected in connection with a joint promoter or service provider).
- If you place an order vis our website, mobile site or app, some of your Personal Information will be passed on to our credit card processor, Payment express, who will receive your credit card details for such orders. Payment express is a secure internet payment gateway that secures your credit card number during transmission.
- We may share your Personal Information with agents, affiliates or service providers who act for or on behalf of us in connection with our business, or for further processing, in accordance with purpose(s) for which the Personal Information was originally collected.
- Any other third parties notified to you at the time of collecting your Personal Information or after the collection of your Personal Information.

Some of our related entities and third party service providers are located in countries outside of New Zealand. Your use of Gong Cha online ordering system means you acknowledge and agree to the disclosure of your Personal Information to any of Gong Cha third party service providers in respect of this system.

Gong Cha does not guarantee the protection of your Personal Information and does not accept any liability in relation to it once it has been ontained by any of our third party service providers in respect of Gong Cha online ordering system in so far as Gong Cha duties extend under the Privacy Act 1993.

TERMS AND CONFITIONS OF USE

If the Gong Cha online ordering system Is used, you are responsible for maintaining the confidentiality of your personal details, password, and payment details. You agree to accept full responsibility for all your activities on our website and online ordering. If you order online we will send you an email confirming the details of your order. Gong Cha reserves the right to refuse service, terminate your access to the website or online ordering, remove or edit any content or cancel your order/s at its sole discretion and without prior notice to you.
In making the Gong Cha online ordering system available for use, Gong Cha Limited
1. Merely assists the store from which the products or services will be provided (as selected by you).
2. Only provides you with the goods or services agreed in your transaction and does not accept any liability for your order not being met.
3. Does not guarantee that the website and online system will be error-free or that any errors will be corrected and nor does it guarantee that the website or online ordering system will be free from viruses or other harmful components and
4. Reserves the right to alter the agreed price if an incorrect price was caused by a software fault, error or malicious attack.
5. Reserves the right to alter these terms and conditions without notifying you or other users of this online ordering system.

In using the Gong Cha online ordering system (save as provided for above) you
1. Acknowledge and agree that you contract with the store from which you order, and that you waive and release Gong Cha from any claim relating to orders placed via the Gong Cha online ordering system and
2. Indemnify Gong Cha from all claims relating to a failure of the Gong Cha online ordering system.

Place an order
To place an order, follow the below procedure
1. Login with your nominated email address and password.
2. Choose a participating store.
3. Approximate collection time will be assigned at time or order.
4. Browse the menu to select the items you wish to add to your order.
5. After you have finished your selection, enter your credit card details when prompt out.
6. Click on Checkout and you will go through to the Order Confirmation page to confirm your order.

Price and payment
Price and availability information is subject to change without notice.


Vouchers
Vouchers are currently only able to be redeemed when ordering in-store (i.e. not via the Gong Cha online ordering system).

Collection
Orders must be collected form the store you ordered from as the online ordering system does not currently extend o delivery. You must collect your order from the store you ordered from as soon as possible after making the order.
You may NOT change the store where you want to collect your order from once an order has been placed and accepted. If you make an error in ordering see below.
Gong Cha is not obliged to refund your order or fulfill your order at any store other than the store the online order was directed to.
Should you place an order and for some reason the order is not received by the nominated store, you will need to show a copy of your order confirmation (either printed or on mobile phone) in order for the store to fulfill that order.

Error in ordering
Once the order has been placed through the Gong Cha online ordering system, changes cannot be made online. Once an order has been place, it is your obligation to contact the store to determine whether or not the order can be changed. The decision whether or not the order can be change is at the absolute discretion of the store. If changes to the order are allowed, any difference in payment will need to be made or refunded with the store you selected to order from.
Should you place an order and select the incorrect store, the store you ordered from is not obliged to refund the order or fulfil the order at any other store.

Cancellations
Order cancellations cannot be made on the Gong Cha online ordering system. Once an order has been placed, it is your obligation to contact the store you ordered from to determine whether or not the order can be cancelled. The decision whether or not the order can be cancelled is at the absolute discretion of the store. Gong Cha does not accept any liability if you decide to cancel your order.
Refunds
The Gong Cha online ordering system is not set up to provide customers with refunds.
Should the store you ordered from decide that the order can be refunded, it may provide you with a refund onto the credit card that was used to place the order. Gong Cha doesn’t accept any liability to refund you.

Termination
Gong Cha reserves the right to terminate your ability to order via the online ordering system, immediately and without notifying you in advance, should we decide you are in breach of any these Terms and Conditions.

General
These Terms and Conditions of Use shall be governed by the laws of New Zealand. Any claim or dispute between you and Gong Cha Limited that arises in whole or in part from the Gong Cha online ordering system shall be decided exclusively by a court or competent jurisdiction located in Auckland, New Zealand. These Terms and Conditions of Use, together with the Gong Cha Online Ordering Privacy Policy and any other legal notices published by Gong Cha on this website, shall constitute the entire agreement between you and Gong Cha concerning the online ordering system. If any provisions of these Terms and Conditions of Use or Privacy Policy are deemed invalid by a court of competent jurisdiction, the invalidity of the provisions shall not affect the validity of the remaining provisions of these Terms and Conditions of Use and/or Privacy Policy as applicable, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or any other term, and the failure by Gong Cha to assert any right or provision under these Terms and Conditions of Use shall not constitute a waiver of such right or provision.

Contact us
If you have any queries regarding to this policy please contact

Gong Cha Limited
4G / 166-174 Queen Street
Auckland CBD 1010
New Zealand
enquiries@gongcha.co.nz