Terms & Conditions

By using or placing an order using an ShortA branded application or website, or by accessing services provided via such application or website, you confirm that you accept the below terms and conditions. Please read these terms carefully before accessing or using the services.

ShortA Limited – Terms and Conditions

Last updated: 30 June 2023

1. CONTRACTUAL RELATIONSHIP

These ShortA Limited – Terms and Conditions (“ShortA Terms”) govern the access or use by you, an individual, from within any country in the world of applications, websites, content, products, and services (the “ShortA Services”) made available by ShortA Limited, a private limited liability company established in New Zealand, having its offices at 529 Rosalie Bay Rd, New Zealand, registered at the New Zealand companies office under NZBN 9429051427856 (“ShortA”).

Scope of these ShortA Terms

ShortA Services may be provided by ShortA or, if specified in these ShortA Terms or any supplemental terms, affiliates of ShortA. However, the ShortA Services provided by ShortA under these ShortA Terms do not include any delivery services. An ShortA affiliate in New Zealand may offer delivery services in certain circumstances (“ShortA Delivery Services”). If you request ShortA Delivery Services that service will be provided to you under a separate delivery services agreement (“ShortA Delivery Terms”) between you and the ShortA affiliate.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE ShortA SERVICES.

Your access and use of the ShortA Services constitutes your agreement to be bound by these ShortA Terms, which establishes a contractual relationship between you and ShortA. If you do not agree to these ShortA Terms, you may not access or use the ShortA Services. These ShortA Terms expressly supersede prior agreements or arrangements with you.

Supplemental terms

Supplemental terms may apply to certain ShortA Services, such as policies for a particular event, activity or promotion, or a particular category of ShortA Services. Supplemental terms will be provided to you in connection with the applicable ShortA Services.

Any supplemental terms are in addition to, and shall be deemed a part of, the ShortA Terms for the purposes of the applicable ShortA Services. Supplemental terms shall prevail over these ShortA Terms in the event of a conflict with respect to the applicable ShortA Services. To avoid doubt, any ShortA Delivery Terms accepted by you are not supplemental terms. If you accept ShortA Delivery Terms, a separate agreement is formed between you and the ShortA affiliate identified in the applicable ShortA Delivery Terms for the supply of the relevant ShortA Delivery Services.

Amendments

ShortA may amend the ShortA Terms, any supplemental terms or policies related to the ShortA Services from time to time. ShortA will provide you with at least 14 days’ written notice in the event of a material change to any ShortA Terms, policies or supplemental terms that detrimentally affects your rights under these ShortA Terms. Amendments will be effective upon posting of such updated ShortA Terms at this location or the amended supplemental terms or policies on the applicable ShortA Service or at this location (as the case may be). Your continued access or use of the ShortA Services after such posting, or after the expiry of the notice period (whichever is later), constitutes your consent to be bound by the ShortA Terms, policies and supplemental terms, as amended.

Termination or restriction of the ShortA Services

ShortA may restrict you from accessing or using the ShortA Services, or any part of them, immediately, without notice, in circumstances where ShortA reasonably suspects that:

(a) you have, or are likely to, breach these ShortA Terms;

(b) you do not, or are likely not to, qualify, under applicable law or the standards and policies of ShortA, to access and use the ShortA Services; and/or

(c) you or others may be at risk of harm as a result of consumption of certain regulated items (including, but not limited to, alcohol) made available by Third Party Providers via the Application, which may come about, for example, as a result of: (i) a report made to ShortA (or its affiliate) by a third party; (ii) delivery refusal (e.g. due to intoxication); and/or (iii) a review of your purchases of regulated items using the Application.

ShortA may terminate these ShortA Terms or any ShortA Services with respect to you, or generally cease offering or deny access to the ShortA Services or any portion thereof:

(a) immediately, where ShortA reasonably suspects that: (i) you have, or are likely to, materially breach these ShortA Terms; (ii) you do not, or are likely not to, qualify, under applicable law or the standards and policies of ShortA, to access and use the ShortA Services; and/or (iii) you or others may be at risk of harm as a result of consumption of certain regulated items (including, but not limited to, alcohol) made available by Third Party Providers via the Application, which may come about, for example, as a result of: (A) a report made to ShortA (or its affiliate) by a third party; (B) delivery refusal (e.g. due to intoxication); and/or (C) a review of your purchases of regulated items using the Application; or

(b) on 30 days’ written notice to you, where ShortA, acting reasonably, terminates these ShortA Terms or any ShortA Services for any legitimate business, legal or regulatory reason.

You may terminate these ShortA Terms, or stop using the ShortA Services, at any time, for any reason.

Privacy

Our collection and use of personal information in connection with the ShortA Services is as provided in ShortA’s Privacy Notice. ShortA may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.

2. THE ShortA SERVICES

ShortA will provide the ShortA Services to you in accordance with these ShortA Terms. The ShortA Services constitute the provision of a technology platform that enables you, as a user of ShortA’s applications or websites (each, an “Application”) to: (a) arrange and schedule certain services with independent third party providers of those services that have an agreement with ShortA or its affiliates (“Third Party Providers”), including: (i) transportation services from those Third Party Providers; and (ii) the purchase of items or delivery services from those Third Party Providers; (b) subject to you accepting the ShortA Delivery Terms, purchase delivery services from an ShortA affiliate (in that affiliate‘s capacity as a delivery services provider) under a separate agreement between you and that affiliate; and (c) facilitate payments to Third Party Providers for the goods and services provided to you by those parties and receive receipts from an ShortA affiliate for those payments.

The ShortA Services are made available solely for your personal, non-commercial use, unless ShortA has agreed with you otherwise, or in a separate agreement. You acknowledge that: (a) ShortA does not provide transportation services or function as a transportation carrier; (b) all such transportation services are provided by independent third party contractors who are not employed by ShortA or any of its affiliates; (c) ShortA does not provide delivery services; and (d) delivery services may be provided by an ShortA affiliate (in its capacity as a delivery services provider) in accordance with the ShortA Delivery Terms or a Third Party Provider, if you have purchased delivery services from that ShortA affiliate (in its capacity as a delivery services provider) or Third Party Provider via an Application. ShortA accepts liability for the ShortA Services and Application that it provides to you subject to these ShortA Terms. Third Party Providers are solely responsible for the services they provide to you. If an ShortA affiliate provides ShortA Delivery Services to you, that affiliate is solely responsible for the ShortA Delivery Services it provides to you in accordance with the ShortA Delivery Terms.

Licence

Subject to your compliance with these ShortA Terms, ShortA grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable licence to: (i) access and use the Applications on your personal device solely in connection with your use of the ShortA Services; and (ii) access and use any content, information and related materials that may be made available through the ShortA Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by ShortA and ShortA’s licensors.

Restrictions

You may not: (i) remove any copyright, trade mark or other proprietary notices from any portion of the ShortA Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the ShortA Services except as expressly permitted by ShortA; (iii) decompile, reverse engineer or disassemble the ShortA Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the ShortA Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the ShortA Services or unduly burdening or hindering the operation and/or functionality of any aspect of the ShortA Services; or (vi) attempt to gain unauthorised access to or impair any aspect of the ShortA Services or its related systems or networks.

Provision of the ShortA Services

You acknowledge that portions of the ShortA Services may be made available under ShortA’s various brands or request options associated with transportation or delivery services. However, you also acknowledge that any ShortA Delivery Services ordered via the “ShortA” app or “ShortA” website will be separately provided under the applicable ShortA Delivery Terms by the ShortA affiliate identified in those terms (in its capacity as a delivery services provider). The ShortA Delivery Terms that apply in these circumstances are available here.

You also acknowledge that the ShortA Services may be made available under such brands or request options by or in connection with: (i) certain of ShortA’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorisations or licences.

Third Party Services and Content

The ShortA Services may be made available or accessed in connection with third party services and content (including advertising) that ShortA does not control. Once you click on a link to third-party services or content, you will be subject to the terms and conditions and privacy policy of that website, destination, or third-party service provider. ShortA will not warn you that you have left the ShortA Services or that you are subject to the terms and conditions (including privacy policies) of another website, destination, or third-party service provider. You use all links in third-party websites and advertisements at your own risk as these are not part of the ShortA Services and are not controlled by ShortA. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. ShortA does not endorse such third party services and content and in no event shall ShortA be responsible or liable for any products or services of such third party providers.

Ownership

The ShortA Services and all rights therein are and shall remain ShortA’s property or the property of ShortA’s licensors. Neither these ShortA Terms nor your use of the ShortA Services convey or grant to you any rights: (i) in or related to the ShortA Services except for the limited licence granted above; or (ii) to use or reference in any manner ShortA’s company names, logos, product and service names, trademarks or services marks or those of ShortA’s licensors.

ShortA Active Area

The goods and services that you may request using the ShortA Services are available in designated areas as communicated via the Application from time to time (“ShortA Active Area”). ShortA does not guarantee that you will be able to use the ShortA Services to request any such goods and services in the ShortA Active Area at all times.

3. YOUR USE OF THE SHORTA SERVICES

User Accounts

In order to use most aspects of the ShortA Services, you must register for and maintain an active personal user ShortA Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific ShortA Service permits otherwise. Account registration requires you to submit to ShortA certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the ShortA Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by ShortA in writing, you may only possess one Account.

User Requirements and Conduct

The ShortA Services are not available for use by persons under the age of 18. You may not authorise third parties to use your Account, and you may not allow persons under the age of 18 to receive: (i) transportation services from Third Party Providers unless they are accompanied by you; or (ii) delivery services from Third Party Providers or any ShortA affiliate (in its capacity as a delivery services provider) unless permitted by you, and you agree to take full responsibility for their acts or omissions. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the ShortA Services, and you may only access or use the ShortA Services for lawful purposes (e.g., no transport of unlawful or hazardous materials) and in accordance with these ShortA Terms. You will not, in your use of the ShortA Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party, including ShortA, its affiliates or any of their employees, agents or contractors. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the ShortA Services, and you agree that you may be denied access to or use of the ShortA Services if you refuse to provide proof of identity or other method of identity verification.

Guest Users

If you have an Account, you may not allow third parties to receive transportation services from Third Party Providers arranged through your Account.

Commercial Electronic Messaging

By creating an Account or accessing the ShortA Services, you agree that ShortA or its affiliates may send you commercial electronic messages (including email, SMS or push notifications, where applicable) as part of the normal business operation of your use of the ShortA Services. You agree that ShortA and its affiliates are not required to include an unsubscribe message in commercial electronic messages where it may be impracticable (including for push notifications). However, you may opt-out of receiving commercial electronic messages from ShortA at any time by following the directions found at https://www.shorta.app/contact-us. You also acknowledge that opting out of receiving commercial electronic messages may impact your use of the ShortA Services. You cannot unsubscribe from transactional messages, including receipts and support responses. These communications are important for your experience.

Promotional Codes

An ShortA affiliate may, in its sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to a Third Party Provider’s services, subject to any additional terms that the ShortA affiliate establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by the ShortA affiliate; (iii) may, as permitted by law, be disabled by ShortA or its affiliate at any time without liability to ShortA or its affiliate; (iv) may only be used pursuant to the specific terms that the ShortA affiliate establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. The ShortA affiliate reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that the ShortA affiliate reasonably determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these ShortA Terms.

User Provided Content

ShortA may, in ShortA’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to ShortA through the ShortA Services textual, audio, and/or visual content and information, including commentary and feedback related to the ShortA Services, Delivery People and Third Party Providers, initiation of support requests, and submission of entries for competitions and promotions (“User Generated Content”).

Network Access and Devices

You are responsible for obtaining the data network access necessary to use the ShortA Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the ShortA Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the ShortA Services and Applications and any updates thereto. ShortA does not guarantee that the ShortA Services, or any portion thereof, will function on any particular hardware or devices. In addition, the ShortA Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic equipment.

4. PAYMENT

You understand that use of the ShortA Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Third Party Charges”). ShortA and/or its affiliates will facilitate your payment of the applicable Third Party Charges on behalf of the Third Party Provider. Payment of the Third Party Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Third Party Charges will be inclusive of applicable taxes where required by law. Third Party Charges paid by you are final and non-refundable, unless otherwise determined by ShortA or required under applicable New Zealand consumer law. You retain the right to request lower Third Party Charges from a Third Party Provider for transportation services received by you from such Third Party Provider at the time you receive such transportation services. An ShortA affiliate will respond accordingly to any request from a Third Party Provider to modify the Third Party Charges for a particular service or good.

All Third Party Charges are due immediately and payment will be facilitated by ShortA using the preferred payment method designated in your Account, after which you will be sent a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that ShortA may, on behalf of Third Party Provider, use a secondary payment method in your Account, if available.

You acknowledge that an ShortA affiliate may, acting reasonably, establish, remove and/or revise Third Party Charges for any or all services or goods obtained through the use of the ShortA Services at any time at the direction of the Third Party Provider or otherwise in the ShortA affiliate’s discretion, including in certain circumstances such as where you choose an additional service that incurs an additional charge, or an item you requested is out of stock. Further, you acknowledge and agree that Third Party Charges applicable in certain geographical areas may increase substantially during times of high demand. ShortA will use reasonable efforts to ensure the ShortA affiliate informs you of Third Party Charges that may apply, provided that you will be responsible for Third Party Charges incurred under your Account. You acknowledge that an ShortA affiliate may from time to time provide certain users with Promo Codes that may result in different amounts charged for the same or similar services or goods obtained through the use of the ShortA Services, and you agree that such Promo Codes are provided to you for no fee, have no monetary value, cannot be redeemed for cash, are not exchangeable or transferable and, unless also made available to you, shall have no bearing on your use of the ShortA Services or the Third Party Charges applied to you.

This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the ShortA Services, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the ShortA Services, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.

Cancellations

You may elect to cancel your request for transportation services from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee, subject to ShortA’s or its affiliate’s cancellation policies. If the transportation services are cancelled for any reason not attributed to you in accordance with ShortA’s or its affiliate’s cancellation policies, you will be entitled to a refund for any charges paid.

If you purchase items or items and delivery services from a Third Party Provider, you may cancel your order at any time. If you cancel your order after the delivery has begun, you will incur a charge which will be no more than the full price for your ordered items and the full price of the delivery services purchased from the Third Party Provider.

ShortA may, in ShortA’s sole discretion, waive in part or full, an applicable cancellation charge in relation to your purchase of items or items and delivery services from a Third Party Provider in certain circumstances. A request for any such waiver must be made via an ShortA affiliate’s customer support service.

If any delivery services provided by a Third Party Provider fail or are cancelled for reasons that ShortA determines, acting reasonably, are attributed to you (for example, you provided an incorrect delivery address) you will be charged no more than the full price for both the items and any delivery services purchased from the Third Party Provider. If any delivery services provided by a Third Party Provider fail or are cancelled for any reason that ShortA determines, acting reasonably, are not attributed to you, you will be entitled to a refund for any charges paid for those delivery services.

The terms and conditions that apply to charges for ShortA Delivery Services provided by an ShortA affiliate are set out in the ShortA Delivery Terms.

If you have other issues with any items or services provided by a Third Party Provider, ShortA or its affiliate will manage your complaint in accordance with the complaints process set out in section 6.

Nothing in this section is intended to limit your rights as a consumer, including your entitlement to a refund or other applicable remedies, under the Consumer Guarantees Act 1993.

Repair or Cleaning Fees

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the ShortA Services under your Account in excess of normal “wear and tear“ damages and necessary cleaning (“Repair or Cleaning”). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by an ShortA affiliate in the affiliate’s reasonable discretion, ShortA reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by ShortA to the applicable Third Party Provider and are non-refundable.

5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY

LIMITATION SUBJECT TO LOCAL CONSUMER LAW

The limitations and disclaimer in this section 5 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law, including the Consumer Guarantees Act 1993.

APPLICATION TO ShortA AND ITS AFFILIATES

The limitations and disclaimer in this section 5 apply to the liability of ShortA and its affiliates under these ShortA Terms, including in relation to any of the ShortA Services. Neither ShortA nor any of its affiliates will be liable under or in connection with these ShortA Terms for any ShortA Delivery Services. However, if an ShortA affiliate provides ShortA Delivery Services to you, the ShortA affiliate identified in the applicable ShortA Delivery Terms will be exclusively liable to you for ShortA Delivery Services in accordance with those terms.

DISCLAIMER

Except as required of ShortA and its affiliates under the consumer guarantees, the ShortA Services are provided “as is” and “as available”. ShortA and its affiliates disclaim all representations and warranties, express, implied or statutory, not expressly set out in these ShortA Terms (including any supplemental terms, where applicable), including any implied warranties of merchantability, fitness for a particular purpose and non-infringement, and make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the ShortA Services or any services or goods requested by you or on your behalf through the use of the ShortA Services, or that the ShortA Services will be uninterrupted or error-free. ShortA and its affiliates do not guarantee the quality, suitability, safety or ability of Third Party Providers or an ShortA affiliate (in its role as a delivery services provider). you agree that the entire risk arising out of your use of the ShortA Services, and any services or goods requested by you or on your behalf through the use of the ShortA Services, remains solely with you, to the maximum extent permitted under applicable law, including the Consumer Guarantees Act 1993.

LIABILITY

Limitation of Liability

If you are acquiring the goods or services as a consumer, ShortA's liability for a failure to comply with a consumer guarantee is limited to: (a) in the case of goods supplied to you as part of the ShortA Services, the replacement of the relevant goods or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods; and (b) in the case of services supplied to you as part of the ShortA Services, the supply of the relevant services again, or the payment of the cost of resupplying the services.

In no event shall ShortA’s or its affiliates’ total combined liability to you in connection with the ShortA Services for all damages, losses and causes of action (whether in contract, in tort (including negligence), in equity, by operation of law or otherwise) exceed one thousand New Zealand dollars (NZ $1,000).

Exclusion of Liability

ShortA’s and its affiliates’ liability to you for a breach of any condition, warranty or term of these ShortA Terms that is not a breach of a consumer guarantee is also limited in the following way: ShortA and its affiliates shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, death, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the ShortA Services, even if ShortA or its affiliate has been advised of the possibility of such damages. ShortA and its affiliates shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the ShortA Services or your inability to access or use the ShortA Services; or (ii) any transaction or relationship between you and any Third Party Provider or ShortA affiliate (in its role as a delivery services provider), even if ShortA or its affiliate has been advised of the possibility of such damages. ShortA and its affiliates shall not be liable for delay or failure in performance resulting from causes beyond ShortA’s or its affiliates’ reasonable control. You acknowledge that third party transportation providers providing transportation services requested through some request brands may offer ridesharing or peer-to-peer transportation services and may not be professionally licensed or permitted.

Third Party Goods and Services

ShortA Services may be used by you to request and schedule transportation, goods from Third Party Providers or delivery services from Third Party Providers or an ShortA affiliate, but you agree that ShortA has no responsibility or liability to you related to any transportation, goods or delivery services provided to you by Third Party Providers or any ShortA affiliate (in its capacity as a delivery services provider) other than as expressly set forth in these ShortA Terms or the ShortA Delivery Terms.

COMPLAINTS

ShortA or its affiliate will maintain a complaints management framework, and will manage this framework for ShortA and its affiliates, and on behalf of Third Party Providers, in a reasonable way.

INDEMNITY

You agree to indemnify and hold ShortA and its affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (i) your use of the ShortA Services or services or goods obtained through your use of the ShortA Services; (ii) your breach or violation of any of these ShortA Terms; (iii) ShortA’s use of your User Generated Content; or (iv) your violation of the rights of any third party, including Third Party Providers (“Losses”).

Your liability under this clause shall be reduced proportionately if, and to the extent that, ShortA or its affiliate directly caused or contributed to any such Losses.

6. GOVERNING LAW; DISPUTE RESOLUTION

There are a number of mechanisms available to you to resolve any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the ShortA Services or these ShortA Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”). ShortA or its affiliate operates a complaints process to allow you to make complaints about ShortA, an ShortA affiliate (in its capacity as delivery service provider) or Third Party Providers, and ShortA or its affiliate also manages refunds to you in relation to those complaints. ShortA or its affiliate will operate this complaints process in a reasonable manner. In addition, you may have rights to make a complaint to fair trading or consumer law bodies in relation to applicable consumer laws.

Except as otherwise set forth in these ShortA Terms, these ShortA Terms shall be exclusively governed by and construed in accordance with the laws of New Zealand, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. In the event of a Dispute, either party may file an action in the courts of New Zealand or pursue final and binding arbitration or other alternative dispute resolution as agreed upon by the parties.

Any proceedings, including documents and briefs submitted by the parties, correspondence from a mediator, and correspondence, order and awards issued by an arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation set out in these ShortA Terms.

7. OTHER PROVISIONS

Claims of Copyright Infringement

Claims of copyright infringement should be sent to ShortA’s designated agent. Please visit ShortA’s web page at https://www.shorta.app/contact-us for the designated address and additional information.

Notice

ShortA may give notice by means of a general notice on the ShortA Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to ShortA by written communication to ShortA’s address at 529 Rosalie Bay Road, Great Barrier Island, Auckland, New Zealand.

App Stores

You acknowledge and agree that the availability of the Applications may be dependent on the third party from which you received the Application’s license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that these ShortA Terms are between you and ShortA and not with the App Store and that ShortA is responsible for the provision of ShortA Services as described in these ShortA Terms. However, if you downloaded the Application from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these ShortA Terms. Upon your acceptance of these ShortA Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce these ShortA Terms against you as a third-party beneficiary thereof. These ShortA Terms incorporate by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user”. In the event of a conflict in the terms of the Licensed Application End User License Agreement and these ShortA Terms, these ShortA Terms will control.

General

You may not assign or transfer these ShortA Terms in whole or in part without ShortA’s prior written approval. You give your approval to ShortA for it to assign or transfer these ShortA Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of ShortA’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, ShortA or any Third Party Provider as a result of the contract between you and ShortA or use of the ShortA Services.

If any provision of these ShortA Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these ShortA Terms but the legality, validity and enforceability of the other provisions in these ShortA Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these ShortA Terms. These ShortA Terms, including any incorporated policies, constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. Nothing in this clause limits your rights as a consumer that cannot be excluded under applicable law. In these ShortA Terms, the words “including” and “include” mean “including, but not limited to”.

Joat Tech Limited – Terms and Conditions for ShortA Delivery – New Zealand

Last updated: 13 July 2023

By using or placing an order for delivery services provided to you by Joat Tech via an ShortA branded application or website, you confirm that you accept these terms and conditions and agree that they will apply to you each time you request an ShortA Delivery Service (as defined below). ShortA Delivery Services include delivery services provided by Joat Tech when you use ShortA apps or ShortA websites, but do not include third party delivery services provided by merchants or restaurants. Please read these terms carefully before requesting any ShortA Delivery Service.

The services provided by ShortA Limited (referred to as “ShortA” in these terms and conditions) are not changing though. ShortA continues to own, and provide you with the right to use and access, the ShortA and ShortA website and apps. The ShortA Terms and Conditions (set out above) apply to the use of these other services.

1. CONTRACTUAL RELATIONSHIP

These Joat Tech Limited – Terms and Conditions for ShortA Delivery - New Zealand (“ShortA Delivery Terms”) govern your use of, and the provision of, ShortA Delivery Services (as defined below) requested using an ShortA branded application or website, which are provided by Joat Tech Limited NZBN 94 290 470 537 24, a New Zealand registered company (“Joat Tech”). Joat Tech is an affiliate of ShortA Limited, a private limited liability company established in New Zealand, having its offices at 529 Rosalie Bay Road, Auckland, registered at the New Zealand Companies Office under number NZBN 9429051427856 (“ShortA”).

Scope of these ShortA Delivery Terms

These ShortA Delivery Terms apply to the provision of delivery services by Joat Tech, which are offered to you via an ShortA branded application or website (“ShortA Delivery Services”). The ShortA Delivery Services provided by Joat Tech under these ShortA Delivery Terms do not include any of the services provided by ShortA under the ShortA – Terms and Conditions, available here (“ShortA Terms”). The ShortA Terms apply to the access or use by you of any application, website, content, product, or service made available by ShortA under the ShortA Terms (“ShortA Services”).

In addition, the ShortA Delivery Services do not include the purchase of any items or delivery services offered by independent third party providers of goods and services via ShortA branded applications or websites (“Merchants”). In some cases, Merchants may offer delivery services via an ShortA branded application or website (“Merchant Delivery”). Joat Tech will let you know when your order will be fulfilled by Merchant Delivery. If you purchase items or delivery services from Merchants via an ShortA branded application or website, that sale and purchase takes place directly between you and the Merchant, and is subject to the ShortA Terms (as the Merchant is a “Third Party Provider” under the ShortA Terms) but is not subject to these ShortA Delivery Terms.

PLEASE READ THESE SHORTA DELIVERY TERMS CAREFULLY BEFORE ACCESSING OR USING THE ShortA SERVICES TO REQUEST AN ShortA DELIVERY SERVICE, AS THEY CONSTITUTE A SEPARATE LEGAL AGREEMENT BETWEEN YOU AND Joat Tech.

Your access and use of the ShortA Services to request an ShortA Delivery Service constitutes your agreement to be bound by these ShortA Delivery Terms, which establishes a contractual relationship between you and Joat Tech. If you do not agree to these ShortA Delivery Terms, you may not access or use the ShortA Services to request an ShortA Delivery Service. These ShortA Delivery Terms expressly supersede prior agreements or arrangements with you in relation to ShortA Delivery Services.

Your contractual relationship with Joat Tech is separate (and in addition) to your contractual relationship with ShortA under the ShortA Terms. For the avoidance of doubt, your access to and use of the ShortA Services continues to be governed by your separate agreement with ShortA under the ShortA Terms.

Supplemental terms

Supplemental terms may apply to certain ShortA Delivery Services, such as policies for a particular event, activity or promotion, or a particular category of ShortA Delivery Services. Supplemental terms will be provided to you in connection with the applicable ShortA Delivery Services.

Any supplemental terms are in addition to, and shall be deemed a part of, the ShortA Delivery Terms for the purposes of the applicable ShortA Delivery Services. Supplemental terms shall prevail over these ShortA Delivery Terms in the event of a conflict with respect to the applicable ShortA Delivery Services.

Amendments

Joat Tech may amend the ShortA Delivery Terms and any supplemental terms or policies related to the ShortA Delivery Services from time to time. Joat Tech will provide you with at least 30 days’ written notice in the event of a material change to any ShortA Delivery Terms, policies or supplemental terms that detrimentally affects your rights under these ShortA Delivery Terms. Amendments will be effective upon posting of such updated ShortA Delivery Terms at this location or the amended supplemental terms or policies on the applicable ShortA Delivery Services or at this location (as the case may be). Your continued access or use of the ShortA Delivery Services after such posting, or after the expiry of the notice period (whichever is later), constitutes your consent to be bound by the ShortA Delivery Terms, policies and supplemental terms, as amended.

Termination or restriction of the ShortA Delivery Services

Joat Tech may restrict you from accessing or using the ShortA Delivery Services, or any part of them, immediately, without notice, in circumstances where Joat Tech reasonably suspects that:

(a) you have, or are likely to, breach these ShortA Delivery Terms;

(b) you do not, or are likely not to, qualify, under applicable law or the standards and policies of Joat Tech, to access and use the ShortA Delivery Services; and/or

(c) you or others may be at risk of harm as a result of consumption of certain regulated items (including, but not limited to, alcohol) made available by Third Party Providers via the Application, which may come about, for example, as a result of: (i) a report made to Joat Tech (or its affiliate) by a third party; (ii) delivery refusal (e.g. due to intoxication); and/or (iii) a review of your purchases of regulated items using the Application.

Joat Tech may terminate these ShortA Delivery Terms or any ShortA Delivery Services with respect to you, or generally cease offering or deny access to the ShortA Delivery Services or any portion thereof:

(a) immediately, where Joat Tech reasonably suspects that: (i) you have, or are likely to, materially breach these ShortA Delivery Terms; (ii) you do not, or are likely not to, qualify, under applicable law or the standards and policies of Joat Tech, to access and use the ShortA Delivery Services; and/or (iii) you or others may be at risk of harm as a result of consumption of certain regulated items (including, but not limited to, alcohol) made available by Third Party Providers via the Application, which may come about, for example, as a result of: (A) a report made to Joat Tech (or its affiliate) by a third party; (B) delivery refusal (e.g. due to intoxication); and/or (C) a review of your purchases of regulated items using the Application; or

(b) on 30 days’ written notice to you, where Joat Tech, acting reasonably, terminates these ShortA Delivery Terms or any ShortA Delivery Services for any legitimate business, legal or regulatory reason.

You may terminate these ShortA Delivery Terms, or stop using the ShortA Delivery Services, at any time, for any reason.

Privacy

Our collection and use of personal information in connection with the ShortA Delivery Services is as provided in ShortA’s Privacy Notice. Joat Tech may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Merchant or other third party provider and such information or data is necessary to resolve the complaint, dispute or conflict.

2. THE ShortA DELIVERY SERVICES

Joat Tech will provide the ShortA Delivery Services to you in accordance with these ShortA Delivery Terms. The ShortA Delivery Services constitute the provision of the delivery component of the following services:

“ShortA”, which allows you to place orders for Items (as defined below) and request delivery of those Items, as set out in section 3.1 of these ShortA Delivery Terms. To avoid doubt, the ShortA Delivery Services do not include the delivery component where you have chosen Merchant Delivery;
“ShortA”, which allows you to request delivery of Packages (as defined below), as set out in section 3.2 of these ShortA Delivery Terms; and
any other delivery services provided to you by Joat Tech from time to time, as set out in applicable supplemental terms.

The ShortA Delivery Services are made available solely for your personal, non-commercial use, unless Joat Tech has agreed with you otherwise in a separate agreement. You acknowledge that all ShortA Delivery Services will be provided by Joat Tech. Joat Tech accepts liability for delivery services provided by it in accordance with these ShortA Delivery Terms. Merchants are solely responsible for the goods and services they provide to you (including the provision of items or delivery services by that Merchant).

3. YOUR USE OF THE ShortA DELIVERY SERVICES

3.1 ShortA DELIVERY SERVICES – ShortA

This section sets out the additional obligations that apply if you request an Delivery Service via the ShortA App. These terms apply in addition to any other rights or obligations set out in these ShortA Delivery Terms.

ShortA allows you to place orders for items (“Items”) and request the delivery of those Items by Joat Tech, using the ShortA mobile and web-based applications and other interfaces offered by ShortA (“ShortA App”) as described below. ShortA is made available via the ShortA App, and is subject to the ShortA Terms. However any ShortA Delivery Services you order in connection with ShortA is subject to these ShortA Delivery Terms.

Delivery Services; Merchant Delivery and Pickup

Once you have been provided access to the ShortA App by ShortA (in its capacity as licensor of the ShortA branded applications and websites), you may place orders for Items using the ShortA App. You may also request via the ShortA App that Items be delivered by Joat Tech (“Delivery Services”).

You may also be able to place orders via the ShortA App provided by ShortA (in its capacity as licensor of the ShortA branded applications and websites) that do not require ShortA Delivery Services, such as pickup or Merchant Delivery. The ShortA Terms between you and ShortA (in its capacity as licensor of the ShortA branded applications and websites) apply to the sale and purchase of any items or delivery services provided by the Merchant to you.

Delivery Services are offered in designated areas as communicated via the ShortA App from time to time (“Active Area”). Joat Tech does not guarantee that the Delivery Services will be available in the Active Area at all times.

If you choose Delivery Services

If you choose Delivery Services, ShortA Delivery Services will be provided by Joat Tech and you will be charged by Joat Tech for the Delivery Services. Joat Tech may subcontract a “Delivery Person” to undertake the Delivery Services. A Delivery Person is not an employee of Joat Tech or any of its affiliates and may delegate to another person to provide such delivery services on their behalf. References in these ShortA Delivery Terms to “Delivery Person“ include (where the context requires) references to a delegate of a Delivery Person.

For each delivery provided under the Delivery Service, Joat Tech will endeavour to ensure that your Items are delivered to you as close to your designated timeframe as reasonably possible. Unfortunately, independent factors such as traffic and weather, as well as the actions or inactions of Merchants or other third parties may cause delays in the provision of Delivery Services.

Title and risk

You acknowledge that neither Joat Tech nor its affiliates nor any Delivery Person takes any title to Items. Joat Tech will have control and care of the Item in accordance with these ShortA Delivery Terms until the Delivery Services are completed or otherwise end or are cancelled.

3.2 ShortA DELIVERY SERVICES – ShortA

This section sets out the additional obligations that apply if you request a Delivery Service via the ShortA App. These terms apply in addition to any other rights or obligations set out in these ShortA Delivery Terms.

ShortA allows you to request delivery of package(s) (both the content and the materials for its containment) (the “Package(s)”) by Joat Tech to a designated address using a mobile or web-based application or other interface offered by ShortA (the “ShortA App”), as described below. ShortA is made available via the ShortA App, and is subject to the ShortA Terms. However any ShortA Delivery Services you order in connection with ShortA is subject to these ShortA Delivery Terms.

Connect Delivery Services

Once you have been provided access to the ShortA App by ShortA (in its capacity as licensor of the ShortA branded applications and websites), you may place requests for Joat Tech to deliver Packages using the ShortA App.

If you choose Delivery Services

If you choose the ShortA request option, Delivery Services will be provided by Joat Tech and you will be charged by Joat Tech for the Connect Delivery Services. Joat Tech may subcontract a Delivery Person who will collect Packages from you and deliver those Packages to your nominated location as part of the Delivery Services provided by Joat Tech. A Delivery Person is not an employee of Joat Tech or any of its affiliates and may delegate to another person to provide such delivery services on their behalf.

For each Delivery Service requested, Joat Tech will endeavour to ensure that your Packages will be picked up and delivered within your requested time frame as soon as reasonably possible. Unfortunately, independent factors such as traffic and weather, as well as the actions or inactions of Delivery Persons may cause delays in the provision of delivery services.

Prohibited Items

You may not use or access Delivery Services to send any Prohibited Items (“Prohibited Items”). A list of Prohibited Items is published online by Joat Tech (as updated from time to time). For the current list of Prohibited Items please see here. Joat Tech retains the discretion to prohibit additional items from time to time. It is your responsibility to ensure that you have checked the current list of Prohibited Items each time you use the Delivery Services. Depending on your location, there may be additional Prohibited Items or restrictions on the use of Connect Delivery Services for specific categories of items.

In addition to the Prohibited Items, you may not use or access Delivery Services to send any Package(s) consisting wholly or partly of mail (including, but not limited to, "letters" as defined in section 2(1) of the Postal Services Act 1998), or wholly consisting of milk (but, subject to the terms governing Prohibited Items, not including milk as an incident of a Package consisting of other items such as a Package of groceries or meals).

Package Restrictions

You must ensure that the Package(s), together, per Delivery Services request: (i) are not greater than 20 kilograms; (ii) fit comfortably in the boot of a mid-size motor vehicle; and (iii) do not have a total value greater than NZD $2000.

You must prepare, appropriately package and securely close and seal the Package(s) for safe delivery.

Refusal or Rejection of Deliveries

You acknowledge and agree that there may be circumstances where Joat Tech may cancel the delivery after acceptance for any reason, including where a Delivery Person declines to pick up or deliver the Package(s). You acknowledge and agree that you are responsible for ensuring that you and anyone who has contact with a Delivery Person or any other person as part of the Connect Delivery Services you have requested, complies with the Community Guidelines.

Delivery, Redelivery, and Undeliverable Packages

If Joat Tech is not able to complete the delivery for any reason (including, for example, where a Delivery Person is unable to locate the delivery location and is unable to make contact with you), Joat Tech will attempt to arrange for the return of the Package to you by the Delivery Person.

If Joat Tech is not able to return the Package to you, you acknowledge and agree that the Package may be left at the original pickup location, an alternative location as instructed by you or at the delivery location or safe place near the delivery location. To the extent feasible and if requested by you, Joat Tech may also attempt to facilitate an exchange of the undelivered Package between you and the Delivery Person.

You are responsible for the reasonable costs associated with the return, redelivery or disposal of your Package, except where the return, redelivery or disposal arises from any fraudulent, unlawful or negligent act or omission by ShortA or Joat Tech or a Delivery Person. Joat Tech reserves the right to charge you for the reasonable costs associated with the return, redelivery or disposal of your Package using your payment method designated in your Account.

Title and risk

You acknowledge that neither Joat Tech nor its affiliates nor any Delivery Person takes any title to Packages. Joat Tech will have control and care of the Package in accordance with these ShortA Delivery Terms, until the Delivery Services are completed, end or are cancelled, including where the Package is returned, redelivered or disposed of.

Loss or Damage to Packages; Sending Food or Beverages; No Insurance

You acknowledge and agree that Delivery Services are available for sending Packages up to NZD $2000 in value. The limitations and exclusions set out in section 5 below apply to the use of Delivery Services, including any loss or damage to Packages provided for delivery. If a Package is lost or damaged in transit, see the ShortA loss or damage policy available here.

Joat Tech and its affiliates do not maintain insurance for loss, damage or theft. You should contact an insurance agent or broker if insurance coverage is desired. Joat Tech and its affiliates do not provide insurance coverage.

Subject to the limitations and exclusions set out in section 5, if you use Delivery Services to send food or beverages or other items not otherwise prohibited by these ShortA Delivery Terms, you assume full responsibility for such items after delivery, including any damage due to temperature sensitivity and/or tampering. You further assume full responsibility for chilling any perishables immediately upon delivery to help maintain the safety and quality of those items.

3.3 GENERAL

User Accounts

To use the ShortA Delivery Services you must register and maintain an active personal user services account with ShortA (in its capacity as licensor of the ShortA branded applications and websites) (“Account”) (as described in section 3 (‘Your Use of the Services’) of the ShortA Terms). Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the ShortA Delivery Services.

User Requirements and Conduct

The ShortA Delivery Services are not available for use by persons under the age of 18. You may not allow persons under the age of 18 to receive ShortA Delivery Services unless permitted by you, and you agree to take full responsibility for their acts or omissions. You agree to comply with all applicable laws when accessing or using the ShortA Delivery Services, and you may only access or use the ShortA Delivery Services for lawful purposes (e.g., no transport of unlawful or hazardous materials) and in accordance with these ShortA Delivery Terms. You will not, in your use of the ShortA Delivery Services, cause nuisance, annoyance, inconvenience, or property damage, whether to Joat Tech, a Delivery Person or any other party, including Joat Tech, its affiliates (including ShortA (in its capacity as licensor of the ShortA branded applications and websites)) or any of their employees, agents or contractors. You are responsible for providing Joat Tech Limited with the correct delivery address and ensuring that the delivery location can be accessed safely, and agree that the ShortA Delivery Services may not be completed if you have provided the incorrect delivery address or the delivery location cannot be safely accessed.

In certain instances you may be asked to provide proof of identity or other method of identity verification to use or accept deliveries made via the ShortA Delivery Services, and you agree that you may be denied use of the ShortA Delivery Services or may not be able to receive a delivery via the ShortA Delivery Services if you refuse to provide proof of identity or other method of identity verification.

Promotional Codes

You acknowledge that Joat Tech may, in its sole discretion, create promotional codes that may provide discounts or other features or benefits related to the ShortA Delivery Services, subject to any additional terms that Joat Tech establishes on a per promotional code basis (“Delivery Promo Codes”). You agree that Delivery Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Joat Tech; (iii) may, as permitted by law, be disabled by Joat Tech at any time without liability to Joat Tech (iv) may only be used pursuant to the specific terms that Joat Tech establishes for such Delivery Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Joat Tech reserves the right to withhold or deduct discounts or other features or benefits obtained through the use of Delivery Promo Codes by you or any other user in the event that Joat Tech reasonably determines or believes that the use or redemption of the Delivery Promo Code was in error, fraudulent, illegal, or in violation of the applicable Delivery Promo Code terms or these ShortA Delivery Terms. This section does not apply to promotional codes for services other than the ShortA Delivery Services. Instead, the ShortA Terms apply to those promotional codes.

4. PAYMENT

This part sets out the payment provisions applicable to the ShortA Delivery Services provided by Joat Tech

Joat Tech Charges

You understand that use of the ShortA Delivery Services may result in charges to you for the ShortA Delivery Services you receive from Joat Tech in accordance with these ShortA Delivery Terms (“Joat Tech Charges”). In addition, your use of ShortA will result in charges for the Items and any Merchant Delivery you receive from a Merchant (“Merchant Charges”). Any Merchant Charges are payable in accordance with the ShortA Terms (as "Third Party Charges" under those ShortA Terms).

General Payment Terms

You agree to pay Joat Tech the applicable Joat Tech Charges and are responsible for paying all Joat Tech Charges incurred under your Account. Joat Tech Charges are in New Zealand Dollars and inclusive of GST and applicable taxes where required by law. Joat Tech Charges paid by you are final and non-refundable, unless otherwise determined by Joat Tech or required by applicable law. Under the Consumer Guarantees Act 1993, you may be entitled to a refund for a major failure of the ShortA Delivery Services, or other remedies for a minor failure.

All Joat Tech Charges are due immediately and payable to Joat Tech using the preferred payment method designated in your Account, after which you will be sent a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Joat Tech may use a secondary payment method in your Account, if available.

Joat Tech will charge you on the basis of the Joat Tech Charges communicated to you via the ShortA App or ShortA Website before you place your order for any ShortA Delivery Services. Joat Tech may, acting reasonably, establish, remove and/or revise Joat Tech Charges for any or all ShortA Delivery Services at any time, including in certain circumstances such as where you change your delivery address or you choose a service that incurs an additional charge. In these cases, Joat Tech will let you know about any such changes within a reasonable time, however the specific amount may not be known until after the order has been completed.

Delivery Promo Codes

Joat Tech may from time to time provide certain users with Delivery Promo Codes that may result in different amounts charged for the same or similar services or goods obtained through the use of the ShortA Delivery Services, and you agree that such promotional offers and discounts, are provided without consideration from you, have no monetary value, cannot be redeemed for cash, are not exchangeable or transferable and, unless also made available to you, shall have no bearing on your use of the ShortA Delivery Services or the Joat Tech Charges applied to you.

Gratuities

You understand and agree that, while you are free to provide gratuities to any Delivery Person who is subcontracted to provide you with services obtained through the ShortA Delivery Services, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the ShortA Delivery Services, you will have the opportunity to rate your experience and leave additional feedback about the Delivery Person.

Cancellations and Refunds for ShortA Delivery Services

If you purchase Items from a Merchant who sells Items and Delivery Services from Joat Tech, you may cancel your order at any time. Once delivery has begun, you will no longer be able to cancel your order without incurring a charge, which will be no more than the full price of your ordered Items in accordance with the ShortA Terms and the full price for any Delivery Services in accordance with these ShortA Delivery Terms.

Joat Tech may, in its sole discretion, waive in part or full, an applicable cancellation charge in relation to your purchase of Delivery Services in certain circumstances. A request for any such waiver must be made via Joat Tech’s customer support service.

If any Delivery Services fail or are cancelled for reasons that Joat Tech determines, acting reasonably, are attributed to you (for example, you provided an incorrect delivery address) you will be charged no more than the full price for both the Items in accordance with the ShortA Terms, and the full price for any Delivery Services in accordance with these ShortA Delivery Terms.

The terms and conditions that apply to charges for Items or Merchant Delivery provided by a Merchant are set out in the ShortA Terms.

You may cancel your Delivery Service at any time. If you cancel 5 minutes or more after a Delivery Person accepts your Delivery Service request, you will be charged a cancellation fee which will be no more than the full price of your ordered Items in accordance with the ShortA Terms and the full price for any Delivery Services in accordance with these ShortA Delivery Terms.

If the ShortA Delivery Services fail or are cancelled for any reason that Joat Tech determines, acting reasonably, are not attributed to you, you will be entitled to a refund for any charges paid for that purchase.

If you have other issues with any ShortA Delivery Services, your sole recourse will be with Joat Tech and Joat Tech will manage your complaint in accordance with the complaints process set out in section 6. Subject to applicable New Zealand law, Joat Tech will provide refunds for ShortA Delivery Services at its discretion, acting reasonably.

If you have other issues with Items provided by a Merchant, please see section 6 (‘Governing Law; Dispute Resolution’) of the ShortA Terms.

5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY

This part sets out the liability position of Joat Tech in relation to the provision of any ShortA Delivery Services.

LIMITATION SUBJECT TO LOCAL CONSUMER LAW

APPLICATION TO Joat Tech AND ITS AFFILIATES

The limitations and disclaimer in this section 5 apply to the liability of Joat Tech and its affiliates under these ShortA Delivery Terms, including in relation to any of the ShortA Delivery Services. Neither Joat Tech nor any of its affiliates will be liable under or in connection with these ShortA Delivery Terms for any ShortA Services. However, for any ShortA Services provided to you, ShortA will be exclusively liable to you for ShortA Services in accordance with the ShortA Terms.

DISCLAIMER

Except as required of Joat Tech and its affiliates under the consumer guarantees, the ShortA Delivery Services are provided “as is” and “as available”. Joat Tech and its affiliates disclaim all representations and warranties, express, implied or statutory, not expressly set out in these ShortA Delivery Terms (including any supplemental terms, where applicable), including any implied warranties of merchantability, fitness for a particular purpose and non-infringement, and make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the ShortA Delivery Services or any goods delivered through the use of the ShortA Delivery Services, or that the ShortA Delivery Services will be uninterrupted or error-free. You agree that the entire risk arising out of your use of the ShortA Delivery Services, and any service or good delivered in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

LIABILITY

Limitation of Liability

If you are acquiring the ShortA Delivery Services as a consumer, to the maximum extent permitted by law, Joat Tech's and its affiliates’ liability for a failure to comply with a consumer guarantee in relation to the ShortA Delivery Services is limited to, at Joat Tech’s option, the supply of the relevant services again, or the payment of the cost of having the services supplied again.

In addition, the following limitations apply to the specific ShortA Delivery Services made available under these ShortA Delivery Terms:

(A) Limitation of Liability – Delivery Services

Subject to ‘limited inclusions’ below, but otherwise notwithstanding anything else in this section 5 and to the maximum extent permitted by law, in no event shall Joat Tech’s or its affiliate‘s total liability to you in connection with the Delivery Services for all damages, losses and causes (whether in contract, in tort (including negligence), in equity, by operation of law or otherwise) exceed the aggregate value of the specific items plus the value of the Delivery Services you requested at the relevant time.

(B) Limitation of Liability – Delivery Services

Subject to the ‘limited inclusions’ below, but otherwise notwithstanding anything else in this section 5 and to the maximum extent permitted by law, in no event shall Joat Tech‘s or its affiliates‘ total liability to you in connection with the Connect Delivery Services for all damages, losses and causes of action (whether in contract, in tort (including negligence), in equity, by operation of law or otherwise) exceed two thousand New Zealand dollars (NZD $2000) plus the value of the Delivery Services you requested at the relevant time.

Exclusion of Liability

Joat Tech‘s and its affiliates’ liability to you for a breach of any condition, warranty or term of these ShortA Delivery Terms that is not a breach of a consumer guarantee is also limited in the following way: Joat Tech and its affiliates shall not be liable for:

(a) indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data; or

(b) except to the extent set out under the ‘limited inclusions‘ heading below, death, personal injury or property damage,

where that liability is related to, in connection with, or otherwise resulting from any use of the ShortA Delivery Services, even if Joat Tech or its affiliate has been advised of the possibility of such damages.

In addition, Joat Tech and its affiliates shall not be liable for: (i) delay or failure in performance resulting from causes beyond Joat Tech's or its affiliates’ reasonable control; or (ii) any damages, liability or losses arising out of your use of or reliance on the ShortA Delivery Services or your inability to access or use the ShortA Delivery Services.

Limited Inclusions

The limitations on Joat Tech’s or its affiliate's liability for ShortA Delivery Services under the 'limitation of liability' heading above (and in item (b) under the 'exclusion of liability' heading above) do not apply to any damages, losses and causes of action (whether in contract, in tort (including negligence), in equity, by operation of law or otherwise) that arise from death, personal injury or damage to tangible property directly caused by the fraud, negligence or wilful misconduct of Joat Tech, any of its affiliates, or their employees, agents or contractors, including a Delivery Person.

COMPLAINTS

Joat Tech or its affiliate will maintain a complaints management framework, and will manage this framework in a reasonable way.

INDEMNITY

You agree to indemnify and hold Joat Tech and its affiliates and their officers, directors, employees, agents and contractors (including Delivery Persons) harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable attorneys’ fees) (“Losses”) arising out of or in connection with: (i) your use of the ShortA Delivery Services or services or goods obtained through your use of the ShortA Delivery Services; (ii) your breach or violation of any of these ShortA Delivery Terms; or (iii) your violation of the rights of any third party; (iv) in respect of your use or access to ShortA and your use of the Connect Delivery Services, arising out of or in connection with any loss or damage to property, any injury, illness or death to any person, any mis-delivery including delivery otherwise than to the addressee, delayed delivery, early delivery or failure to deliver or any other loss or damage of any kind caused by (1) your fraudulent, negligent or unlawful act or omission; or (2) your breach or violation of any of these ShortA Delivery Terms.

Your liability under this section will be reduced proportionately if, and to the extent that, Joat Tech or its affiliate, or any Delivery Person, directly caused or contributed to any such losses.

6. GOVERNING LAW; DISPUTE RESOLUTION

There are a number of mechanisms available to you to resolve any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the ShortA Delivery Services or these ShortA Delivery Terms, including those relating to its validity, its construction or its enforceability (any “Dispute“). Joat Tech or its affiliate operates a complaints process to allow you to make complaints about Joat Tech, and Joat Tech or its affiliate also manages refunds to you in relation to those complaints. Joat Tech or its affiliate will operate this complaints process in a reasonable manner. In addition, you may have rights to make a complaint to fair trading or consumer law bodies in relation to applicable consumer laws.

Except as otherwise set forth in these ShortA Delivery Terms, these ShortA Delivery Terms shall be exclusively governed by and construed in accordance with the laws of New Zealand, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. In the event of a Dispute, either party may file an action in the courts of New Zealand or pursue final and binding arbitration or other alternative dispute resolution as agreed upon by the parties.

7. OTHER PROVISIONS

Notice

Joat Tech may give notice by means of a general notice on the ShortA application or website (facilitated by ShortA (in its capacity as licensor of the ShortA branded applications and website)), electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Joat Tech by written communication to Joat Tech‘s address at 529 Rosalie Bay Road, Auckland, New Zealand.

General

You may not assign or transfer these ShortA Delivery Terms in whole or in part without Joat Tech‘s prior written approval. You give your approval to Joat Tech for it to assign or transfer these ShortA Delivery Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Joat Tech‘s (or its affiliate’s) equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Joat Tech or of its affiliates as a result of the contract between you and Joat Tech or use of the ShortA Delivery Services.

If any provision of these ShortA Delivery Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these ShortA Delivery Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these ShortA Delivery Terms. These ShortA Delivery Terms, including any incorporated policies, constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. Nothing in this clause limits your rights as a consumer that cannot be excluded under applicable law. In these ShortA Delivery Terms, the words “including” and “include” mean “including, but not limited to”.