Terms of Service

TERMS & CONDITIONS — Emm Thai Restaurant

Last Updated: 17/11/2025

These Terms and Conditions apply when ordering online from:

Emm Thai Restaurant
PROSPER DINING CO. LIMITED

Restaurant website: [insert website URL]
Restaurant address: Flat 3, 311 Parnell Road, Auckland 1052, New Zealand
Restaurant phone number: +64 9 300 7226
Restaurant contact e-mail: prosperdiningco@gmail.com

 

1. Agreement to Terms

Please read these Terms of Service (the “Agreement”) carefully. Your use of the Site constitutes your consent to this Agreement.

This Agreement is between you and PROSPER DINING CO. LIMITED (“Restaurant,” “we,” “us”) concerning your use of the Restaurant’s website located at [insert website URL], together with any services and successor sites (the “Site”).

By using the Site, you affirm that you are of legal age to enter into this Agreement. If you are accessing or using the Site on behalf of an organization, you represent that you have authority to bind such organization.

 

2. Changes to This Agreement

We may change this Agreement from time to time by posting a revised version on the Site or notifying you by reasonable means. Changes will not affect disputes arising before such changes.

Your continued use of the Site after any change signifies your acceptance of the updated Agreement.

We may modify or discontinue the Site, change fees, or offer different opportunities without liability.

 

3. Information Submitted Through the Site

Your submission of information is governed by our Privacy Policy:

https://www.foodbooking.com/api/legal?type=privacy&add_header=1&uid=4c3455b1-c1c2-4af0-9340-b678564d90fd&language=en

You represent that all information you provide is accurate and that you will update it as necessary.

 

4. Jurisdictional Issues

The Site is controlled from Auckland, New Zealand, and may not be available in all jurisdictions. You use the Site at your own risk and must comply with all applicable laws.

We may limit the Site’s availability to any person, region, or jurisdiction at any time.

 

5. Rules of Conduct

You must not:

• Upload or transmit threatening, defamatory, obscene, fraudulent or otherwise unlawful material.
• Upload or distribute malware, viruses, or harmful code.
• Use the Site for illegal, fraudulent, or commercial purposes without permission.
• Harvest information from other users.
• Disrupt or hack the Site or its servers.
• Reproduce, adapt, translate, sell, or exploit Site content without written consent.
• Reverse engineer any part of the Site.
• Remove copyright or trademark notices.
• Scrape content or systematically download materials.
• Use bots, spiders, or similar tools to extract content.

You are responsible for your own hardware, telecommunications, and access costs.

 

6. Products

The Site may display descriptions, images, or details of food, beverages, and services (“Products”), provided by us or third parties.

We do not guarantee accuracy, completeness, or availability of such information, including nutritional or allergen information.

Images are illustrative and may differ from actual product presentation.

If you have allergies or dietary restrictions, you must contact the restaurant directly before ordering. We cannot guarantee allergen-free foods.

Nothing in these terms limits your rights under the Consumer Guarantees Act 1993 or Fair Trading Act 1986 (New Zealand).

 

7. Transactions & Deliveries

To place an order, you may be required to provide payment details, billing information, and delivery information. You represent that you are authorized to use the payment method supplied.

By providing payment information, you authorize us to share such information with third-party processors for transaction purposes.

We reserve the right to:

• Limit or discontinue Products.
• Reject or restrict orders.
• Apply conditions to promotions.
• Refuse service at our discretion.

Order Cancellation, Refunds & Exchanges

Orders cannot be cancelled once accepted, except where required by NZ consumer law. Refunds follow our refund policy and applicable legal obligations.

Pricing

Prices may differ between online and in-store. You agree to pay all charges at the rates in effect at the time, including taxes and delivery fees.

Delivery Terms

Delivery will be made to the address provided, subject to area restrictions and availability.

We aim to deliver close to your selected time but cannot guarantee delivery times due to traffic, weather, and operational conditions.

If you are not present at the time of delivery:

• No refund will be given.
• The full order charge applies, except where required by consumer law.

We deliver to the main entrance; delivery inside the premises is at the mutual consent of you and the driver.

 

8. Registration; User Accounts

You may need to register to access certain features. We may reject or request changes to your username or password.

You are responsible for maintaining confidentiality and must notify us of any unauthorized use.

 

9. Submissions & User Content

Users may post content (“Submissions”). You are responsible for your Submissions.

We are not responsible for misuse of your Submissions by third parties.

Posting personal information (e.g., allergies, preferences) is at your own risk.

 

10. License to Submissions

You grant us a worldwide, royalty-free, perpetual license to use, modify, reproduce, distribute, and display your Submissions for any purpose, including marketing.

Feedback is considered non-confidential and may be used without restriction.

You warrant that your Submissions do not violate laws or third-party rights.

 

11. Monitoring

We may, but are not obligated to, monitor or remove Submissions and track access and use of the Site. We may disclose related information for any purpose in accordance with applicable law and our Privacy Policy.

 

12. Limited Rights

You may view one copy of Site content for personal, non-commercial use only, provided you comply with this Agreement.

 

13. Proprietary Rights

The Site is owned by us or our suppliers and is protected by intellectual property laws.

Our trade names, trademarks, and service marks include:

EMM THAI RESTAURANT, EMM, and associated logos.

You may not use our trademarks or branding without written consent.

 

14. Third-Party Materials

The Site may provide links to third-party content. We do not control or endorse such materials.

Use of third-party materials is at your own risk and subject to their terms and policies.

 

15. Promotions

Any promotions, contests, or offers are governed by additional rules. Those rules override this Agreement if they conflict.

 

16. Disclaimer of Warranties

To the fullest extent allowed under law:

• The Site and Products are provided “as is” without warranties.
• We disclaim implied warranties, including merchantability and fitness for purpose.
• We are not responsible for delays, inaccuracies, errors, or interruptions.

Nothing in this Agreement excludes rights you have under NZ consumer laws.

 

17. Limitation of Liability

To the maximum extent permitted:

• We are not liable for indirect, special, incidental, or consequential damages.
• We are not liable for loss of profits, data, security breaches, viruses, or unauthorized access.
• Your sole remedy is to stop using the Site.
• Maximum liability is the total amount paid by you to use the Site.

 

18. Indemnification

You agree to indemnify and hold harmless the Restaurant and its affiliates from claims, losses, damages, and expenses arising from:

• Your use of the Site
• Your Submissions
• Your breach of this Agreement

 

19. Termination

We may suspend or terminate your access at any time, without notice. Upon termination, your rights immediately cease.

Sections 2–5 and 7–22 survive termination.

 

20. Governing Law & Jurisdiction

This Agreement is governed by the laws of New Zealand.
All disputes must be resolved in the courts of Auckland, New Zealand.

 

21. Information or Complaints

If you have questions, concerns, or complaints, contact us:

Email: prosperdiningco@gmail.com
Address: Emm Thai Restaurant
Flat 3, 311 Parnell Road, Auckland 1052, New Zealand
Phone: +64 9 300 7226

Emails may not be secure; please avoid sending credit card details.

You may also seek assistance from NZ consumer agencies such as the Commerce Commission or Citizens Advice Bureau.

 

22. Miscellaneous

This Agreement does not create a partnership, joint venture, employment, or agency relationship.

If any section is invalid, the remainder stays in effect.

We may assign this Agreement freely. You may not assign rights without consent.

This is the complete agreement between you and us.

 

© 2025 PROSPER DINING CO. LIMITED. All rights reserved.