Effective Date: 25/09/2024

These Terms of Service ("Terms") govern the use of the food distribution services ("Services") provided by TotalServe Solutions ("we," "us," or "our") to educational institutions, including schools, school districts, and other educational bodies ("Customer," "you," or "your"). By using our Services, you agree to these Terms. Please read them carefully.

1. Services Provided

We provide food distribution services to schools, which include the supply of meals, snacks, beverages, and other food products in compliance with applicable health and safety standards. These services may be subject to specific contractual agreements between the school and our company.

2. Eligibility

The Services are available only to licensed educational institutions or legally authorised representatives of such institutions. By agreeing to these Terms, you confirm that you are authorised to enter into agreements on behalf of your school or school district.

3. Orders and Delivery

3.1 Placing Orders

All orders must be placed in accordance with the procedures set out on our website, service platform, or via written agreement. Orders should specify product details, quantities, delivery instructions, and any dietary restrictions.

Orders must be submitted within the designated time frame (24 hours before delivery), as specified in the service agreement.

3.2 Delivery of Food Products

Deliveries will be made to the specified location within the agreed-upon delivery window. Schools are responsible for ensuring a suitable receiving location and storage facilities for the food.

We are not liable for delays caused by events outside our control, such as extreme weather conditions, natural disasters, or transportation disruptions.

Service and delivery fees are waived on all orders over $200.00.

4. Product Standards and Safety

4.1 Allergies and Dietary Restrictions

Schools are responsible for providing us with accurate information regarding students' allergies and dietary restrictions when placing orders. We will make reasonable efforts to accommodate dietary needs but are not liable for errors if incomplete or inaccurate information is provided.

4.2 Product Quality

We ensure that all food products meet industry quality and safety standards. However, it is the school’s responsibility to inspect all products upon delivery. Any concerns regarding product quality or safety must be reported immediately to our customer service team.

5. Pricing and Payment

5.1 Pricing

All pricing is provided either via our website or as agreed in a formal contract. Prices may include applicable taxes, delivery fees, or other charges as outlined in the contract.

5.2 Payment Terms

Payment is due within 20 days of the invoice date unless otherwise specified in the agreement.

Any overdue or unpaid balances will be subject to a late payment fee of $25 after the due date has passed. In addition, unpaid balances will be subject to 5% interest per month until the balance is paid.

All goods remain the property of TotalServe Solutions until paid in full. This policy ensures that you can enjoy our products with peace of mind, knowing that we stand by the quality and integrity of our offerings.

We reserve the right to suspend services if payment is not received by the due date.

6. Responsibilities of the School

6.1 Storage and Handling

Schools are responsible for ensuring that all delivered food products are stored in accordance with relevant health and safety regulations (e.g., refrigeration, proper handling) once delivery is completed.

6.2 Record Keeping

Schools are required to keep accurate records of food deliveries, consumption, and any student allergies or dietary restrictions to ensure compliance with relevant health guidelines.

7. Cancellation or Termination of Services

Either party may cancel or terminate the services with 4 weeks' written notice. However, termination or cancellation by the school must comply with any existing contractual obligations, including payment for services rendered up until the date of termination.

8. Liability

8.1 Limitation of Liability

We will not be liable for any indirect, incidental, or consequential damages arising from the use of our Services, including but not limited to damages for loss of profits, loss of data, or business interruption.

Claims made more than 48 hours after delivery will not be accepted.

8.2 Product Liability

We are liable for foodborne illnesses directly caused by products distributed through our Services only if it can be proven that the contamination occurred before delivery. Schools are responsible for ensuring proper food handling and storage post-delivery.

9. Force Majeure

We are not responsible for any failure or delay in performing our obligations under these Terms if the failure or delay results from any cause beyond our reasonable control, including but not limited to natural disasters, war, government regulations, labour strikes, or transportation issues.

10. Confidentiality and Privacy

10.1 Confidential Information

Both parties agree to keep any non-public information regarding business practices, pricing, and service arrangements confidential, except where disclosure is required by law.

10.2 Privacy

Our use of personal data (including student and school representative information) is governed by our Privacy Policy, which can be found here.

By using our Services, you agree to our data collection and processing practices.

10.3 Intellectual Property

All content, materials, and services provided on this website, including but not limited to text, images, graphics, logos, icons, audio clips, video clips, data compilations, software, and any other materials (collectively, "Content"), are the property of TotalServe Solutions and/or its licensors. These materials are protected by copyright, trademark, patent, and other intellectual property laws.

Ownership of Content

Unless otherwise specified, TotalServe Solutions holds the exclusive rights to the intellectual property on this website, including but not limited to:

Copyrighted Materials: All written content, product descriptions, and original images.

Trademarks: All logos, brand names, product names, and any other distinctive features or elements associated with TotalServe Solutions and its affiliates.

Patents: Any inventions, processes, or products that are patented or patent-pending.

Trade Secrets: All proprietary business information, algorithms, techniques, or processes used in providing our services.

Usage Restrictions

You are granted a limited licence to access and make personal use of the materials on this website. This licence does not include the following activities, and you agree not to engage in them:

Republishing content from the website in any form, including reproduction on other websites or platforms, without explicit written consent.

Commercial use of website content without permission, such as selling, renting, or redistributing the materials.

Creating derivative works or modifications based on the content without approval from TotalServe Solutions.

Copying, duplicating, or reproducing content for use in any commercial, educational, or public setting.

Trademark Usage

All trademarks, service marks, and logos displayed on the website are the registered and unregistered trademarks of TotalServe Solutions and/or third parties who have authorised their use. You are not permitted to use any of these trademarks, logos, or branding without prior written consent.

Violation of Intellectual Property

Any unauthorised use of the Content that violates intellectual property laws or these Terms of Service may result in termination of the limited licence granted to you and could lead to legal action. TotalServe Solutions reserves the right to pursue legal remedies for any such violations.

11. Dispute Resolution

All disputes arising from the interpretation, application, or enforcement of these Terms and Conditions shall be subject to the final decision of TotalServe Solutions. TotalServe Solutions reserves the right to review and resolve any disputes at its sole discretion, and its decision will be considered final and binding on all parties, including customers and suppliers.

By using our services, you agree to abide by TotalServe Solutions' resolution of any dispute, waiving the right to contest decisions through other legal or arbitration avenues unless otherwise required by applicable law.

12. Amendments to These Terms

We reserve the right to modify these Terms at any time. Any changes will be indicated by updating the “last updated” date at the top of this document. Continued use of our Services following such changes signifies your acceptance of the amended Terms.

13. Contact Us

If you have any questions or concerns about these Terms of Service, please contact us at:

TotalServe Solutions

Email: admin@totalservesolutions.co.nz