TERMS AND CONDITIONS OF SERVICE (NEW ZEALAND)

Last Updated: October 2025

These Terms and Conditions of Service ("Terms") govern your use of the Musashi Japanese Cuisine online ordering platform (the "Platform") and the ordering and purchase of food products ("Products") from participating restaurants ("Restaurants").

By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy.

1. The Service and Our Role

1.1 Our Function:

The Platform provides an online ordering system that allows customers to place orders directly with participating Musashi Japanese Cuisine restaurants. The Platform acts only as an intermediary for communication between you (the customer) and the restaurant you choose to order from.

1.2 Contractual Relationship:

When you place an order through the Platform, a binding contract for the supply of the Products is formed directly between you and the Restaurant.

1.3 Order Acceptance:

All Orders are subject to acceptance by the Restaurant. The Restaurant may, at its sole discretion, refuse to accept an Order for reasons such as high demand, ingredient unavailability, or operational limitations. You will be notified as soon as reasonably practicable if your Order cannot be accepted.

2. Pricing, Payments, and GST

2.1 Price:

All prices for Products are stated in New Zealand Dollars (NZD) and include Goods and Services Tax (GST) at the prevailing rate, unless otherwise indicated.

2.2 Payment:

Payment must be made at the time of placing your Order using an accepted payment method (e.g., credit/debit card or digital wallet). Payment information is processed securely by our authorised third-party payment provider. We do not store your full credit card details.

2.3 Errors:

If a Product is listed with an incorrect price or description due to an error, the Restaurant reserves the right to cancel any Orders placed for that item. If payment has already been made, a full refund will be issued.

3. Collection and Risk

3.1 Collection Only:

Musashi Japanese Cuisine does not provide delivery services. All Orders must be collected from the Restaurant specified in your Order confirmation.

3.2 Collection Timeframes:

Any estimated collection time provided is an estimate only. The Restaurant does not guarantee that your Order will be ready for collection at the estimated time.

3.3 Branch Selection:

Please ensure that you select the correct branch when placing your Order. If you mistakenly place an Order at the wrong branch, it will be considered the customer’s responsibility. Any decision to refund, modify, or transfer such an Order is entirely at the discretion of the Restaurant.

3.4 Risk:

The risk of loss, spoilage, or damage to the Products passes to you upon collection by you or your authorised representative.

4. Cancellations and Refunds

4.1 Cancellation by Customer:

You may cancel your Order only if the Restaurant has not yet started preparing the food. If you wish to cancel, please contact the Restaurant directly by phone as soon as possible. The decision to allow cancellation and provide a refund rests solely with the Restaurant, based on the stage of preparation.

4.2 Consumer Guarantees Act (CGA) and Fair Trading Act (FTA):

Your rights under the CGA and FTA are not excluded by these Terms.

CGA: Products must be of acceptable quality, fit for purpose, and match their description.

FTA: The Restaurant must not mislead or deceive you about Products, prices, or availability.

4.3 Faulty or Incorrect Products:

If a Product you receive is faulty, incorrect, or does not meet the guarantees under the CGA:

You must notify the Restaurant immediately (ideally within 2 hours of collection) and provide evidence such as photos.

If the fault is substantial, you are entitled to a refund or replacement. If it is minor, the Restaurant will decide the appropriate remedy (repair, replacement, or partial refund).

5. Allergens and Dietary Requirements

5.1 Responsibility:

Each Restaurant is solely responsible for preparing and labelling its food products, including information about allergens.

5.2 Disclaimer:

While the Platform may display allergen or ingredient information, no guarantee is made regarding its accuracy.

5.3 High-Risk Allergies:

If you or the recipient has a severe allergy or dietary restriction, you must contact the Restaurant directly before placing your Order to confirm whether it can safely accommodate your needs.

6. Alcohol and Restricted Products

Musashi Japanese Cuisine does not sell or supply alcoholic beverages or any age-restricted products through this Platform.

7. Intellectual Property and Acceptable Use

7.1 Intellectual Property:

All text, images, and design elements appearing on the Platform are the intellectual property of Musashi Japanese Cuisine and may not be copied, reproduced, or used without prior written permission.

7.2 Prohibited Use:

You must not misuse the Platform, including by submitting fraudulent orders, attempting to access systems without authorisation, or interfering with the operation of the Platform.

8. Privacy and Data

8.1 Privacy Policy:

Your use of the Platform is subject to our Privacy Policy, which outlines how personal information is collected, used, and protected in accordance with the New Zealand Privacy Act 2020.

8.2 Data Sharing:

By placing an Order, you consent to your information (name, phone number, and Order details) being shared with the Restaurant for the sole purpose of fulfilling your Order.

9. Governing Law

These Terms are governed by the laws of New Zealand. You agree to submit to the exclusive jurisdiction of the New Zealand courts for any disputes arising from these Terms or your use of the Platform.

10. Contact Us

Musashi Japanese Cuisine – St Heliers

64 Waimarie St, St Heliers, Auckland

📞 09 575 2827

Musashi Japanese Cuisine – Milford

212 Kitchener Rd, Milford, Auckland

📞 09 489 5977