Terms of Service

1. About These Terms

These Terms of Service ("Terms") govern your access to and use of the Local Menu platform, operated by Local Menu Ltd, a company incorporated in New Zealand (NZBN [PLACEHOLDER: verify 9429 0512 7724], "Local Menu", "we", "us", or "our").

By creating an account or using our services, you agree to be bound by these Terms. If you do not agree, do not use Local Menu.

2. Definitions

• "Platform" means the Local Menu website, dashboard, and ordering infrastructure at localmenu.co.nz and associated subdomains.
• "Restaurant" means a business that has registered an account to receive online orders through the Platform.
• "Customer" means an end user who places an order through a Restaurant's ordering page.
• "Order" means a food or beverage purchase submitted by a Customer and accepted by a Restaurant through the Platform.
• "Commission" means the fee Local Menu deducts from each Order as described in Section 5.
• "Connected Account" means the Stripe account a Restaurant connects to receive payouts.

3. Account Registration

To use Local Menu as a Restaurant, you must register an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You must be at least 18 years old and authorised to enter into contracts on behalf of the business you register. You agree to notify us immediately at hello@localmenu.co.nz of any unauthorised use of your account.

We reserve the right to refuse registration or suspend accounts at our discretion, including where we reasonably believe a restaurant operates in a manner inconsistent with New Zealand law or these Terms.

4. Restaurant Obligations

By using the Platform as a Restaurant, you agree to:

• Provide accurate menu information, pricing, and availability.
• Accept or reject incoming orders promptly within the configured timeout window.
• Fulfil accepted orders in accordance with your menu and any special instructions provided by the Customer.
• Maintain any required food handling licences, permits, and registrations required under New Zealand law, including the Food Act 2014.
• Collect and remit GST as required by the Goods and Services Tax Act 1985. Local Menu is not responsible for your GST obligations.
• Not use the Platform to sell alcohol, controlled substances, or any goods prohibited under New Zealand law.
• Maintain a connected Stripe account in good standing to receive payouts.

5. Payment Terms and Commission

Local Menu charges a platform commission on each completed Order. Our pricing model automatically applies whichever of the following is lower in a given calendar month:

• Per-order rate: [PLACEHOLDER: confirm exact rate, currently 7%] of the Order subtotal (excluding any applicable taxes).
• Flat rate: NZ$[PLACEHOLDER: confirm, currently $50] per month plus [PLACEHOLDER: confirm, currently 2%] of the Order subtotal.

Commission is deducted automatically at the point of payment via Stripe Connect as an application_fee_amount. The remaining amount is transferred directly to your Connected Account. Local Menu does not hold Restaurant funds.

Free period: No commission is charged until you receive your first paid Order. [PLACEHOLDER: clarify any conditions or time limits on the free period.]

Refunds: Where a Customer is entitled to a refund (e.g., due to an order timeout or rejection), Local Menu will process a refund of the Order total via Stripe. The Commission for refunded Orders [PLACEHOLDER: specify whether commission is also refunded].

Prices are in New Zealand Dollars (NZD). Stripe's standard processing fees (currently 2.65% + NZ$0.30 per domestic transaction) are separate from and in addition to Local Menu's commission. [PLACEHOLDER: confirm current Stripe fee schedule and whether this is absorbed by Local Menu or passed through.]

6. Intellectual Property

Local Menu and its licensors own all intellectual property rights in the Platform, including software, design, trademarks, and content we create. Nothing in these Terms transfers any IP rights to you.

You retain ownership of your content (menu items, photos, restaurant branding). By uploading content to the Platform, you grant Local Menu a non-exclusive, worldwide, royalty-free licence to store, display, and deliver that content solely for the purpose of operating the Platform on your behalf.

You represent that you have the right to use any content you upload and that it does not infringe any third-party intellectual property rights.

7. Acceptable Use

You must not use the Platform to:

• Violate any applicable law or regulation.
• Submit false, misleading, or fraudulent menu information or orders.
• Attempt to bypass, disable, or circumvent any security or access control mechanism.
• Scrape, crawl, or harvest data from the Platform without our written consent.
• Introduce malware, viruses, or any other harmful code.
• Interfere with the integrity or performance of the Platform or its data.

8. Privacy and Data

Our collection and use of personal information is governed by our Privacy Policy, which forms part of these Terms. By using Local Menu, you consent to our data practices as described there.

As a Restaurant, you are an independent data controller in respect of Customer personal information you receive through the Platform (names, email addresses, phone numbers). You must handle that information in accordance with the New Zealand Privacy Act 2020 and any other applicable privacy legislation.

9. Disclaimers and Limitation of Liability

The Platform is provided "as is" and "as available". To the fullest extent permitted by New Zealand law, Local Menu makes no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

Local Menu is not liable for: any loss of revenue or profits; any indirect, incidental, special, consequential, or punitive damages; or any loss arising from a Restaurant's failure to fulfil an Order.

To the extent liability cannot be excluded under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986, Local Menu's total liability to you in any 12-month period is limited to the lesser of NZ$[PLACEHOLDER: set cap amount] or the total commission paid by you in the preceding three months.

10. Indemnification

You agree to indemnify and hold harmless Local Menu, its directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising out of your use of the Platform, your content, your breach of these Terms, or your violation of any applicable law.

11. Termination

You may close your account at any time by contacting hello@localmenu.co.nz. Upon closure, your ordering page will be taken offline and your data will be handled in accordance with our Privacy Policy.

Local Menu may suspend or terminate your account immediately if you breach these Terms, fail to maintain a valid Connected Account, or if we are required to do so by law. We will endeavour to provide reasonable notice where practicable.

Sections 6, 8, 9, 10, and 12 survive termination of these Terms.

12. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email to your registered address at least [PLACEHOLDER: e.g., 14] days before the changes take effect. Continued use of the Platform after the effective date constitutes acceptance of the revised Terms.

13. Governing Law

These Terms are governed by the laws of New Zealand. Any disputes must be submitted to the exclusive jurisdiction of the New Zealand courts, except where mandatory consumer protection legislation provides otherwise.

14. Contact

Questions about these Terms should be directed to: hello@localmenu.co.nz

[PLACEHOLDER: Add registered business address once confirmed.]