Terms & Condition

Obtener Customer Terms and Conditions

Introduction and Acceptance

These Terms and Conditions (“Agreement”) govern your access to and use of the services provided by Obtener Ltd (“Obtener,” “we,” “us,” or “our”) through the Obtener mobile application, website, and related platforms (collectively, the “Platform”).

By accessing, browsing, or using the Platform, you acknowledge that you have read, understood, and agreed to be bound by this Agreement, as well as our Privacy Policy. If you do not agree to these terms, you must not use the Platform.

We may update or modify this Agreement from time to time. Notice of material changes will be provided through the Platform or via email. Continued access to or use of the Platform after such notice constitutes your binding acceptance of the updated Agreement.

This Agreement is effective between you and Obtener Ltd, a company registered in New Zealand.

1. Definitions

For the purposes of this Agreement:

  • Platform refers to the mobile applications, websites, and related technology oper- ated by Obtener Ltd that facilitate the ordering and delivery of goods from partic- ipating retailers.

  • Obtener Ltd (also referred to as ”Obtener,” ”we,” ”us,” or ”our”) refers to the company providing access to the Platform.

  • User (also referred to as ”you” or ”your”) refers to any individual accessing or using the Platform.

  • Retailer refers to third-party stores, merchants, or businesses that offer products for sale through the Platform.

  • Driver refers to independent contractors engaged through the Platform to collect and deliver orders placed by Users.

  • Order refers to a purchase made by a User through the Platform for goods offered by a Retailer.

 

2. Eligibility and Account Setup

To use the Platform, you must be at least 18 years of age and capable of entering into legally binding contracts under New Zealand law. By creating an account or otherwise using the Platform, you represent and warrant that you meet these eligibility require- ments.

You are responsible for maintaining accurate and up-to-date information associated with your account, including your contact details and payment information. You are also responsible for maintaining the confidentiality and security of your account credentials, and for all activities that occur under your account.

Obtener Ltd reserves the right to suspend, restrict, or terminate your access to the Platform if we reasonably believe that you have provided false information, breached this Agreement, or otherwise pose a risk to the operation, safety, or reputation of the Platform.

3. Use of Platform and Restrictions

Obtener Ltd grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform solely for personal, non-commercial purposes in accordance with this Agreement.

You must not:

  • Use the Platform for any unlawful, fraudulent, or unauthorized purpose;

  • Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, or sell any information, software, products, or services obtained from the Platform;

  • Attempt to decompile, reverse engineer, or otherwise access or derive the source code of the Platform;

  • Use automated means to access or interact with the Platform without prior written consent from Obtener Ltd;

  • Interfere with the security, functionality, or integrity of the Platform or its related systems.

Obtener Ltd reserves the right to monitor use of the Platform and to restrict, suspend, or terminate access by any user who breaches this Agreement.

4. Orders and Payment Terms

By placing an order through the Platform, you authorize Obtener Ltd to process payment for the total amount shown at checkout, including applicable taxes, fees, and charges. Payment will be processed using the payment method associated with your account.

Prices displayed on the Platform are subject to change without notice. In the event of a pricing error, Obtener Ltd reserves the right to correct the error and revise your order accordingly or to cancel the order and refund any amount charged.

You agree that your payment details are valid, accurate, and that you are authorized to use the selected payment method. You are responsible for any fees or charges imposed by your payment provider.

All transactions are processed in New Zealand dollars (NZD) unless otherwise stated.

5. Delivery and Risk Transfer

Delivery times displayed on the Platform are estimates only and are not guaranteed. Actual delivery times may vary based on factors such as store preparation time, traffic conditions, weather, and driver availability.

Risk of loss and title for the products ordered pass to you upon delivery at the designated address provided during checkout. You are responsible for ensuring that the delivery location is accessible and safe for delivery.

Obtener Ltd is not liable for any delays, delivery failures, or losses arising from causes beyond our reasonable control.

6. Cancellation and Refund Policy

You may cancel an order through the Platform at any time before the retailer has accepted and begun preparing the order. Once preparation has commenced, cancellations may not be possible, and you may be charged the full amount.

Refunds, if applicable, are issued at the discretion of Obtener Ltd and may also be subject to the policies of the relevant retailer. Refund eligibility may depend on factors including, but not limited to, order preparation status, retailer policies, service disruptions, and compliance with this Agreement.

All refund requests must be submitted through the Platform or by contacting customer support. Refunds will be processed to the original payment method whenever possible.

 7. Platform Modifications

Obtener Ltd reserves the right to modify, suspend, or discontinue the Platform or any part of it at any time without notice. This includes, but is not limited to, changes to available features, content, functionality, or supported devices.

We are not liable to you or any third party for any modification, suspension, or discon- tinuation of the Platform or its services. Temporary interruptions, errors, or outages of the Platform do not entitle users to any compensation, refunds, or other remedies unless otherwise required by law.

8. Conduct and User Responsibilities

You agree to use the Platform in a lawful, respectful, and responsible manner. Without limitation, you must not:

  • Use the Platform for any unlawful, fraudulent, or harmful purpose;

  • Harass, threaten, abuse, or otherwise mistreat drivers, retailers, or other users;

  • Interfere with or disrupt the operation of the Platform or its related networks;

  • Attempt to gain unauthorized access to the Platform or other users’ accounts;

  • Use the Platform to distribute spam, malware, or any other harmful software or content.

Obtener Ltd reserves the right to investigate and take appropriate action, including ac- count suspension or termination, in response to any suspected breach of this Agreement.

 9. Intellectual Property

All rights, title, and interest in and to the Platform, including its software, design, logos, trademarks, and content, are owned by or licensed to Obtener Ltd. Your use of the Platform does not grant you any ownership rights in the Platform or its content.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your personal, non-commercial use in accordance with this Agreement.

You must not copy, modify, distribute, sell, or create derivative works based on the Platform or its content without prior written consent from Obtener Ltd.

10. Privacy and Data Collection

Your use of the Platform is subject to the Obtener Ltd Privacy Policy, which explains how we collect, use, and protect your personal information.

By using the Platform, you consent to the collection and use of your information as described in the Privacy Policy, including for purposes such as order processing, customer support, service improvement, marketing (where permitted by law), and compliance with legal obligations.

We take reasonable steps to safeguard your personal information but cannot guarantee absolute security. You acknowledge that you provide your information at your own risk.

Your information may also be shared with third parties as necessary to facilitate the services provided through the Platform, including payment processors, delivery drivers, and retailers. Such sharing is conducted in accordance with our Privacy Policy.

11. Disclaimer of Warranties

The Platform and all related services are provided on an ”as is” and ”as available” basis. Obtener Ltd makes no representations or warranties of any kind, express or implied, regarding the Platform, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted or error-free operation.

Your use of the Platform is at your own risk.

12. Limitation of Liability

To the maximum extent permitted by law, Obtener Ltd, its affiliates, directors, officers, employees, and agents shall not be liable for any indirect, incidental, consequential, spe- cial, exemplary, or punitive damages, including but not limited to loss of profits, loss of data, personal injury, or property damage, arising out of or in connection with your use of the Platform, even if we have been advised of the possibility of such damages.

Our total liability to you for all claims arising out of or relating to the Platform shall not exceed the greater of (i) one hundred New Zealand dollars (NZD 100) or (ii) the total amount paid by you for services on the Platform in the past six months.

 13. Indemnity

You agree to indemnify, defend, and hold harmless Obtener Ltd, its affiliates, directors, officers, employees, and agents from and against any claims, demands, losses, liabilities, expenses, damages, and costs (including legal fees) arising out of or related to:

  • Your use of the Platform;

  • Your breach or alleged breach of this Agreement;

  • Your violation of any rights of a third party, including retailers, drivers, or other users;

  • Your violation of any applicable law or regulation.

Obtener Ltd reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

14. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to this Agree- ment or the use of the Platform, the parties agree to first attempt to resolve the matter through good faith negotiations.

If the dispute cannot be resolved informally within thirty (30) days, it shall be referred to confidential and binding arbitration conducted in accordance with the Arbitration Act 1996 (New Zealand). The arbitration shall take place in Auckland, New Zealand, and shall be conducted by a single arbitrator appointed by mutual agreement of the parties, or failing agreement, by the New Zealand Dispute Resolution Centre.

To the fullest extent permitted by law, each party waives any right to bring or participate in a class action or representative proceeding related to any dispute.

Nothing in this section prevents either party from seeking urgent injunctive or equitable relief through a court of competent jurisdiction where necessary to prevent immediate harm.

15. Miscellaneous Legal Terms

Entire Agreement: This Agreement constitutes the entire agreement between you and Obtener Ltd concerning your use of the Platform and supersedes any prior agreements, communications, or understandings, whether oral or written.

Severability: If any provision of this Agreement is found to be invalid, illegal, or unen- forceable, the remaining provisions shall remain in full force and effect.

Assignment: You may not assign or transfer your rights or obligations under this Agree- ment without prior written consent from Obtener Ltd. We may assign this Agreement without restriction.

Waiver: No waiver of any term or condition shall be deemed a further or continuing waiver of such term or condition or any other term.

Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of New Zealand. Any legal proceedings not subject to arbitration shall be brought exclusively in the courts of New Zealand.