BURGERFUEL WEBSITE AND APP - TERMS AND CONDITIONS OF USE

This page was last updated on  11th of September 2023.

These Terms and Conditions of Use set forth the legally binding terms for your use of and/or registration on this Website www.burgerfuel.com and any of its associated web pages (“Website”) and the BurgerFuel VIB Club App(the "App").  Use of this Website means you agree to be bound by these Terms and Conditions of Use. Please read them carefully and if you do not agree with them, in whole or in part, you should not use this Website.

By using this Website, you agree that the exclusions and limitations of liability set out in these Terms and Conditions of Use are reasonable. If you do not think they are reasonable, you must not use this Website.

Use of the Website is governed by our Privacy Policy.

Variation

Burger Fuel Group Limited (“BurgerFuel”) reserves the right to revise these Terms and Conditions of Use from time-to-time.  Revised Terms and Conditions of Use will apply to the use of this Website from the date of the publication of the revised Terms and Conditions of Use on this Website.  It is your responsibility to check this page regularly to ensure you are familiar with the current version.

License to use Website and the App

Unless otherwise stated, BurgerFuel is the proprietor or the authorised user of the copyright, trademarks and all other intellectual property rights in the software, text, graphics and other material (content) displayed or available through the Website and the App. No material from this Website and the App may be reproduced or republished, in any way, without the prior written permission of BurgerFuel.

Acceptable use

You must not use this Website or the App in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website or the App; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this Website or the App to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website or the App without BurgerFuel’s express written consent.

You must not use this Website and the App for any purposes related to marketing without BurgerFuel’s express written consent. 

BurgerFuel reserves the right, in its sole discretion, to reject, restrict, suspend, or terminate your access to the Website and the App at any time, for any reason, with or without prior notice to you, and without liability for its actions in respect of such.

User content

In these Terms and Conditions of Use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website or App, for whatever purpose.

You grant to BurgerFuel a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to BurgerFuel the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or BurgerFuel or a third party (in each case under any applicable law). 

You must not submit any user content to the Website and App that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

BurgerFuel reserves the right to edit or remove any material submitted to this Website or App, or stored on BurgerFuel’s servers, or hosted or published upon this Website.

Notwithstanding BurgerFuel’s rights under these Terms and Conditions of Use in relation to user content, BurgerFuel does not undertake to monitor the submission of such content to, or the publication of such content on, this Website or App.

No warranties

While BurgerFuel endeavours to supply accurate information on this Website and App, errors and omissions may occur. BurgerFuel and its associated companies, successors, transferees and assignees do not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on this site.

You are solely responsible for the actions you take in reliance on the content on, or accessed, through this site.

The contents of this site do not constitute legal, financial, investment or real estate advice. Specialist advice should be sought in particular matters.

To the extent permitted by New Zealand law, BurgerFuel makes no warranties in relation to the merchantability, fitness for purpose, freedom from computer virus, accuracy or availability of this Website or the App.

Limitations of liability

To the maximum extent permitted by law you specifically agree to indemnify and hold BurgerFuel, its subsidiaries, affiliates their respective directors, officers, agents and employees harmless from any and all claims relating to your use of the Website or the App or its use by any person on your behalf.

Nothing in these Website Terms and Conditions of Use will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in these Website Terms and Conditions of Use will exclude or limit BurgerFuel’s liability in respect of any:

• death or personal injury caused by BurgerFuel’s negligence;
• fraud or fraudulent misrepresentation on the part of BurgerFuel; or
• matter which it would be illegal or unlawful for BurgerFuel to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Indemnity

You hereby indemnify BurgerFuel and any of its associated entities and undertake to keep them indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by BurgerFuel to a third party in settlement of a claim or dispute on the advice of BurgerFuel’s legal advisers) incurred or suffered by BurgerFuel arising out of any breach by you of any provision of these Terms and Conditions of Use, or arising out of any claim that you have breached any provision of these Terms and Conditions of Use.

Unenforceable provisions

If any provision of this Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these Website Terms and Conditions of Use.

Assignment

BurgerFuel may transfer, sub-contract or otherwise deal with BurgerFuel’s rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions. 

Breaches of these Terms and Conditions

Without prejudice to BurgerFuel’s other rights under these Terms and Conditions of Use, if you breach these Terms and Conditions of Use in any way, BurgerFuel may take such action as BurgerFuel deems appropriate to deal with the breach, including suspending your access to the Website and the App, prohibiting you from accessing the Website and App, blocking computers using your IP address from accessing the Website and App, contacting your internet service provider to request that they block your access to the Website and App and/or bringing court proceedings against you.

Severability

If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Links

Please note that although this Website has some hyperlinks to other third party websites, these sites have not been prepared by BurgerFuel and are not under the control of BurgerFuel. The links are only provided as a convenience, and do not imply that BurgerFuel endorses, checks, or approves of the third party site.

BurgerFuel is not responsible for the privacy principles or content of these third party sites. BurgerFuel is not responsible for the availability of any of these links.

BurgerFuel requires that you request our permission to include a link from another site to this site. If you would like to request permission, please email us at: info@burgerfuel.co.nz.

Law and jurisdiction

These Terms and Conditions of Use will be governed by and construed in accordance with New Zealand Law and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of New Zealand.

Burger Fuel Limited’s details

The full name of BurgerFuel is Burger Fuel Limited. You can contact Burger Fuel Limited by email on info@burgerfuel.co.nz. 

BURGERFUEL ONLINE ORDERING - TERMS AND CONDITIONS OF USE

Privacy

The BurgerFuel Privacy Policy forms part of the Terms and Conditions of Use.

By placing an order with any of the stores or providing us with your personal information, you agree to your personal information being collected, held, used and disclosed as set out in our Privacy Policy. We encourage you to review our Privacy Policy before you provide any of your personal information.

Online Ordering

In these Terms and Conditions of Use, "BurgerFuel” and, “we” or “us” shall mean Burger Fuel Group Limited and its subsidiaries and associated companies, successors, transferees and assignees. These Terms and Conditions of Use apply to your use of the BurgerFuel online ordering system only. We have no responsibility and we will have no liability for any terms and conditions imposed by our third party delivery and/or ordering providers. BurgerFuel encourages you to review the terms and conditions of any third party delivery and/or ordering providers.

If the BurgerFuel online ordering system is used, you are responsible for maintaining the confidentiality of your personal details, password, SMS or Email verification code to sign into your account and payment details. You agree to accept full responsibility for all your activities on our website www.burgerfuel.com and any of its associated web pages (“Website”) and the BurgerFuel VIB Club App(the “App”) and online ordering system. If you order online, we will send you a verification code via SMS to sign into your account and an email confirming the details of your order once placed. BurgerFuel reserves the right to refuse service, terminate your access to the Website, App or online ordering system, remove or edit any content or cancel your order/s at its sole discretion and without prior notice to you.

We will utilise electronic communication methods such as email, text messages (SMS), in-App messages, or push notifications to keep you informed about your App and Website usage, including order confirmations for online purchases. By using the App and Website, you consent to receiving communications from us through these channels.

In making the BurgerFuel online ordering system available for use, BurgerFuel

• merely assists the stores from which the products or services will be provided (as selected by you)
• does not provide you with any goods or services or accept any liability for your order not being met (except where you order from a store owned by BurgerFuel rather than one of our Franchisees)
• does not guarantee that the Website, App and online ordering system will be error-free or that any errors will be corrected and nor does it guarantee that the Website, App or online ordering system will be free from viruses or other harmful components and
• reserves the right to alter the agreed price if an incorrect price was caused by a software fault, error or malicious attack.
• reserves the right to alter these terms and conditions without notifying you or other users of this online ordering system.

In using the BurgerFuel online ordering system (save as provided for above) you

• acknowledge and agree that you contract with the store from which you order and not BurgerFuel, and that you waive and release BurgerFuel from any claim against BurgerFuel or any of its entities relating to orders placed via the BurgerFuel online ordering system; and
• indemnify BurgerFuel from all claims relating to a failure of the BurgerFuel online ordering system.

Placing an order

To place an order from our Website or App, follow the below procedure:
You must have a BurgerFuel digital account (“Account”).

To create your Account:
On https://www.burgerfuel.com/nz/order:

• Login or Sign up via the order panel by providing your email, full name, phone number and setting a password.
• You will receive a confirmation email.

On https://eat.burgerfuel.com (our new online ordering system) - currently in trial for participating stores:

• Go to https://eat.burgerfuel.com and click “Sign Up” at the top right corner of the Website.
• When signing up for an Account on the App or Website you will need to agree to our Terms and Conditions and Privacy Policy in order to proceed with online ordering and place an order.
• At any time before checkout, use your nominated phone number to sign in for online ordering and verify your account with a 4- digit verification code that will be sent via SMS to your nominated phone number.
• Choose a participating store.
• Choose a collection method.
• Choose a collection day and time.
• Browse the menu to select the items you wish to add to your order.
• After you have finished your selection, proceed with payment and enter your credit card details.
• 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. All charges are in New Zealand Dollars (NZD).

User Account

We limit the usage to one Account per person. We can only accept registrations of an Account from people with a New Zealand mobile phone number and are under no obligation to accept the registration of an Account from any particular person.

When signing up for an Account, you must provide precise and up-to-date information. In the event of any changes to your contact details, kindly update them promptly. Please be aware that we cannot be held accountable for any losses or damages, including issues like misdirected emails, resulting from your failure to provide accurate and complete registration details or to keep your information current. We will handle all Personal Information in accordance with our Privacy Policy.

You must be aged 16 or over to create an Account and to use the App and Website. If you are under the age of 16, you must use the App and Website under the supervision of a responsible adult.

You may request to update your phone number, birthday or to delete your User Account at any time by notifying us at info@burgerfuel.co.nz.

Vouchers

Vouchers may be redeemed in accordance with the terms of the relevant voucher.

Collection

Orders must be collected from the store you ordered from, unless store has a delivery option and that option has been selected. 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.

BurgerFuel is not obliged to refund your order or fulfil 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 fulfil that order.

Errors in ordering

Once the order has been placed through the BurgerFuel online ordering system, changes cannot be made online. Once an order has been placed, 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 changed 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 elected 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 BurgerFuel 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. BurgerFuel does not accept any liability if you decide to cancel your order.

Refunds

The BurgerFuel 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. BurgerFuel does not accept any liability to refund you.

Ability to accept Terms and Conditions of Use

By ordering on the BurgerFuel online ordering system, you are agreeing to these Terms and Conditions of Use and you have full capacity to agree to them.

Termination

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

BurgerFuel VIB Club

The BurgerFuel VIB (Very Important Burger connoisseur) Club ("BurgerFuel VIB Club") is a loyalty programme.

The BurgerFuel VIB Club programme utilises an electronic communications database which you may join by opting-in. During the sign up process to order online via the BurgerFuel online ordering system (on our Website or App), you will be asked if you would like to become a BurgerFuel VIB Club Member. To become a BurgerFuel VIB Club member you need to tick the box electing to become a BurgerFuel VIB Club Member and in doing so you will agree to these Terms and Conditions and BurgerFuel’s Privacy Policy.

By joining the BurgerFuel VIB Club, members will receive marketing communication such as promotions, targeted offers (including third party suppliers/partners), survey information, user feedback, value offers, news and competitions by email, SMS, in-app messages, and push notification in addition to service messages related to your participation in BurgerFuel VIB Club.

Members may opt-out of BurgerFuel VIB Club at any time by disabling the option in the "Account" section of online ordering, navigating to "Notifications” and toggling off "Opt-in to the loyalty programme" or email us to request to opt-out at info@burgerfuel.co.nz.

Definitions 

“mpb” means “miles per burger” or points that a BurgerFuel VIB Club Member can earn with purchase at participating BurgerFuel stores to get Burger Bucks. 

“Burger Bucks” means a $15 off voucher that will be auto added to the BurgerFuel VIB Club Member’s Account when they reach a threshold of 150mbp.  

“Club Goods” are VIB Club offers (including product vouchers, Burger Bucks and prizing) that VIB Club Member is rewarded with as part of the BurgerFuel  VIB Club loyalty programme.  

“Club Goods Dashboard” is a page in the BurgerFuel VIB Club App where a BurgerFuel VIB Club Member can find a list of all available Club Goods. 

Earning mpb and Burger Bucks  

• You can earn 1  mpb for every dollar spent on an Eligible Purchase (see below for more). Mpb are inclusive of cents and GST.  
• When you earn 150mpb, Burger Bucks will be automatically added to your Club Goods dashboard which entitles you to $15 off your next transaction.  
• You can only earn up to a limit of 150mpb. When Burger Bucks are redeemed, your mbp summary will return to zero.  
• You can find your mpb summary on the Home page or My Account page of your App. 
• Burger Bucks cannot be purchased and can only be earned through accrual.  
• Mpb cannot be earned for orders placed via any of our third-party delivery partners.  

To qualify as an Eligible Purchase for earning mpb, you must meet the following criteria at a participating restaurant:  

Ordering via the App – Log in to  the App to order and select the order button to view the menu and order. Mpb will be added to your Account when your purchase is complete.  

 In-store purchase – Identify yourself as a VIB Club Member to the cashier and they will prompt you when to scan your Club Member ID code at the till scanner before completing your purchase. Once the system confirms you are a VIB Club Member, mpb will be added to your Account when the purchase is complete.   

Online Ordering via eat.burgerfuel.com: Mpb’s will automatically be added to your Account when you successfully place an online order via our Website or App.  

My Club Goods Rewards 

• You will be rewarded with Club Goods while signed up to the BurgerFuel VIB Club and these include product vouchers, bonus mpb, prizes and exclusive offers.  
• Club Goods product vouchers can be found in the Club Goods dashboard. 
• Club Goods product vouchers are subject to terms, conditions and expiry as detailed on the vouchers. 
• For VIB Free Birthday Burger Terms and Conditions, head HERE. 

Redeeming Burger Bucks and My Club Goods product vouchers  

• For every 150mpb earned, you will receive $15 Burger Bucks automatically added to your Club Goods dashboard. Burger Bucks are valid for 14 days.   
• Burger Bucks entitles you to $15 off payment for any food or beverage products for online (including App) or in store purchase (subject to product availability). 
• Burger Bucks must be taken in full. No cash back or mpb back.  
• Burger Bucks cannot be used with any other available Burger Bucks, Club Goods product vouchers or general vouchers.  
• Club Goods product vouchers can be redeemed in accordance with terms stated on the digital voucher in the App and cannot be used with any other Club Goods product vouchers, Burger Bucks or general vouchers.  
• Burger Bucks and Club Goods product vouchers cannot be redeemed on orders placed via any of our third-party delivery partners.  

To qualify as an "Eligible Purchase" for redeeming your Burger Bucks or Club Goods, you must meet the following criteria at a participating restaurant:  

Ordering via the App – Log in to App and select the ‘ORDER’ button to view the menu and order. You can add available Burger Bucks or My Club Goods product vouchers when selecting the ‘USE MY CLUB GOODS’ button, which will display all available Burger Bucks and Club Goods, and ‘APPLY TO CART’ to apply to order. 

In-store purchase – Identify yourself as a VIB Club Member to the cashier and they will prompt you when to scan your Club Member ID code at the till scanner before completing your purchase. Once our crew can see your details in the system, they can apply any available Burger Bucks or My Club Goods product voucher you choose to your purchase. 

Online Ordering via eat.burgerfuel.com: You can add available Burger Bucks or My Club Goods product voucher when selecting the ‘USE MY CLUB GOODS’ button, which will display all available Burger Bucks and Club Goods, follow the pop up prompts and ‘APPLY TO CART’ to apply to order. 

Promotions and Discounts 

Mpb can be earned on purchases made with promotions, discounts, and other offers, including when using Burger Bucks. However, BurgerFuel reserves the right, at its discretion, to limit the earning of mpb in combination with a limited-time promotion, discount or other offers. Additionally, BurgerFuel reserve the right to update the value of mpb or Burger Bucks at any given time. Furthermore, if a customer has obtained a unique code for an offer (outside of VIB Club), be it through a physical or online voucher, or email offer sent on behalf of the store to resolve a customer complaint, the bearer of this voucher will not be able to to scan their Member ID at the till and will not be able to earn mpb on the transaction.

Upon signing up their information, new Account users may become eligible for a sign-up offer via the App or Website. Please note that the value of this sign-up offer and the timeframe to claim it are subject to change at BurgerFuel’s discretion. 

Occasionally, we may have a 'refer a friend' promotion (“Referral Promotion”) where you and a Referred Customer may receive bonus mpb or My Club Goods under the following conditions: 

(a) You must have an Account. 

(b) You refer a friend (“Referred Customer”) who registers an Account and makes a purchase from BurgerFuel online or in-store. 

Please note that the Referral Promotion applies only once per Referred Customer, and we retain the right to withhold bonus mpb or My Club Goods if any fraudulent activity is suspected. Additionally, we reserve the right to discontinue the Referral Promotion without prior notice. 

General

These Terms and Conditions of Use shall be governed by the laws of New Zealand. Any claim or dispute between you and BurgerFuel that arises in whole or in part from the BurgerFuel online ordering system shall be decided exclusively by a court of competent jurisdiction located in Auckland, New Zealand. These Terms and Conditions of Use, together with the Privacy Policy and any other legal notices published by BurgerFuel on this website, shall constitute the entire agreement between you and BurgerFuel 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 BurgerFuel 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 these Terms and Conditions of Use please contact:

Burger Fuel Limited
PO BOX 147 320
Ponsonby
Auckland 1144
New Zealand

Phone +64 9 376 6007

Email info@burgerfuel.co.nz