Terms & Conditions

1. Interpretation

1.1 Definitions

In these Terms:

• "App" means the Tallo mobile application, including all features, content, and updates.
• "Content" means all text, images, data, recipes, pricing information, product details, and other material made available through the App.
• "Retailer" means any grocery retailer whose product or pricing information is displayed in the App, including but not limited to Woolworths New Zealand Limited and the Foodstuffs cooperatives (Foodstuffs North Island Limited and Foodstuffs South Island Limited) that operate the New World and PAK'nSAVE banners.
• "Tallo", "we", "us", "our" means Tallo Pty Ltd (ACN 699 854 692), the operator of the App.
• "Terms" means these Terms and Conditions, as amended from time to time.
• "User Content" means any content you submit to the App, including barcode information, price reports, recipe comments, and star ratings.
• "you", "your" means the individual accessing or using the App.

1.2 Interpretation

In these Terms, unless the context otherwise requires:

• (a) a reference to a statute includes all regulations and instruments made under it and any amendment, re-enactment, or replacement of it;
• (b) the singular includes the plural and vice versa;
• (c) headings are for convenience only and do not affect interpretation.

2. Acceptance of Terms

2.1

By downloading, installing, or using the App, you agree to be bound by these Terms and our Privacy Policy, available at talloapp.co.nz/privacy. These Terms and the Privacy Policy together constitute the entire agreement between you and Tallo in relation to your use of the App.

2.2

If you do not agree to these Terms, you must not use the App.

2.3

You represent that you are at least 13 years of age. If you are under 18, you represent that you have obtained the consent of a parent or legal guardian to use the App. Purchasing alcohol in New Zealand requires you to be 18 years of age or over, as set out in clause 7.2.

3. Licence Grant

3.1

Tallo grants you a limited, personal, non-exclusive, non-transferable, revocable licence to install and use the App on a device you own or control, solely for your personal, non-commercial use, in accordance with these Terms.

3.2

This licence does not include the right to:

• (a) copy, modify, adapt, translate, or create derivative works of the App or its Content;
• (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App;
• (c) rent, lease, lend, sell, sublicence, or otherwise transfer the App or your rights under these Terms to any third party;
• (d) use the App or its Content for any commercial purpose without our prior written consent;
• (e) use automated tools, bots, scrapers, or scripts to access, extract, or collect data from the App;
• (f) remove, alter, or obscure any proprietary notices, trade marks, or labels in the App.

3.3

All rights not expressly granted in these Terms are reserved by Tallo.

4. Account Registration and Security

4.1

Certain features of the App require you to register an account by signing in with Google or Apple. By registering, you agree to:

• (a) provide accurate and complete information;
• (b) maintain the security and confidentiality of your sign-in credentials;
• (c) notify us promptly at support@talloapp.co.nz if you become aware of any unauthorised access to or use of your account;
• (d) accept responsibility for all activity conducted through your account.

4.2

Tallo is not liable for any loss or damage arising from your failure to maintain the security of your account credentials.

4.3

Tallo reserves the right to suspend or terminate your account at any time if it reasonably believes you have violated these Terms.

5. Subscriptions and Payments

5.1 Free and paid features

The App is free to download and provides substantial functionality at no cost. Certain premium features are available through a paid subscription ("Tallo Pro"). The features included in a paid subscription, and any usage limits that apply to free users, are described in the App at the point of purchase.

5.2 Billing through the app store

All subscriptions are purchased and billed through the Apple App Store or the Google Play Store using the payment method associated with your app store account. Tallo does not process, receive, or store your payment card or other financial details. Pricing, applicable taxes, and the available subscription periods are displayed in the App and by the app store before you confirm a purchase.

5.3 Auto-renewal

Paid subscriptions are auto-renewing. Unless you cancel at least 24 hours before the end of the current period, your subscription will renew automatically and the applicable price will be charged to your app store account for the next period.

5.4 Managing and cancelling

You can manage your subscription, or turn off auto-renewal, at any time through your Apple App Store or Google Play Store account settings. Cancelling stops future renewals. Cancelling does not retroactively refund the current period, and you will retain premium access until the end of the period you have already paid for.

5.5 Refunds

Purchases are handled by the relevant app store, and refund requests are subject to that app store's policies. Tallo does not directly process refunds for app store purchases. Nothing in this clause limits any consumer guarantee, right, or remedy you may have under the Consumer Guarantees Act 1993 that cannot be excluded (see clause 13.3).

5.6 Changes to subscriptions

Tallo may change the features, usage limits, or price of a subscription from time to time. Where a price change applies to your existing subscription, it will take effect in accordance with the relevant app store's rules, which generally require your consent before an increased price is charged. A change to the features available on the free tier does not entitle you to a refund.

6. Acceptable Use

6.1

You agree to use the App only for lawful purposes and in accordance with these Terms. You must not:

• (a) submit false, misleading, or inaccurate product prices, barcodes, or other information;
• (b) post comments or content that is defamatory, offensive, harassing, threatening, or otherwise objectionable;
• (c) impersonate any person or entity or misrepresent your affiliation with any person or entity;
• (d) attempt to gain unauthorised access to any part of the App, its servers, or any systems or networks connected to the App;
• (e) use the App in any manner that could damage, disable, overburden, or impair it or interfere with any other party's use;
• (f) use the App to harvest, collect, or store personal information about other users;
• (g) engage in any conduct that violates any applicable New Zealand law or regulation.

6.2

Tallo reserves the right to remove any User Content that, in its sole discretion, violates these Terms or is otherwise objectionable, without notice.

7. Product and Price Information

7.1 Nature of Price Information

The App displays product and pricing information sourced from publicly available sources. By using the App, you acknowledge and agree that:

• (a) Prices may not be current. The App's product catalogue is updated periodically. Grocery prices change frequently and the information displayed may not reflect current in-store or online prices at the time of your visit.
• (b) Prices may vary by location. Store prices can differ between individual store locations and may not reflect the price available at your nearest store.
• (c) Promotional pricing. Special, promotional, or discounted pricing displayed in the App may have expired or may not be available at your nearest store.
• (d) Product availability. Products displayed in the App may not be available at all store locations or may be subject to stock limitations.

7.2 Liquor and Alcohol Information

The App displays product and pricing information for alcohol products sold by the supermarket banners that offer them (Woolworths, New World, and PAK'nSAVE). By using the liquor features of the App, you acknowledge and agree that:

• (a) You must be 18 or over to purchase alcohol. The legal age to purchase alcohol in New Zealand is 18. Tallo does not sell alcohol and does not facilitate or process any alcohol transaction. All alcohol purchases are made directly with the relevant Retailer and are subject to that Retailer's age-verification requirements and the Sale and Supply of Alcohol Act 2012.
• (b) Promotional information is displayed subject to law. To comply with the Sale and Supply of Alcohol Act 2012, certain alcohol discount or promotional claims may be suppressed or not shown in the App. The absence of a promotional claim does not mean a discount is or is not available in store.
• (c) Alcohol prices may not be current. Alcohol prices are subject to the same accuracy limitations set out in clause 7.1, and you should verify the current price and availability directly with the Retailer before purchasing.
• (d) Responsible consumption. Alcohol information is provided for consumer price-comparison purposes only and is not an encouragement to purchase or consume alcohol.

7.3 No Guarantee of Savings

Tallo makes no guarantee or representation that use of the App will result in any financial saving or that any price displayed is the lowest available price for that product.

7.4 Verification

You are solely responsible for verifying current prices and product availability directly with the relevant Retailer before making any purchasing decision. Tallo accepts no liability for any loss suffered as a result of reliance on price or product information displayed in the App.

8. Third-Party Retailer Disclaimer

8.1 No Affiliation

Tallo is an independent price comparison, grocery and meal planning service. Tallo is not affiliated with, endorsed by, sponsored by, or in any way associated with Woolworths New Zealand Limited, the Foodstuffs cooperatives (which operate the New World and PAK'nSAVE banners), or any other Retailer whose products or prices appear in the App. No Retailer has endorsed or sponsored the App or its Content, and no Retailer has any commercial relationship with Tallo in connection with the App.

8.2 Independent Compilation

Product and pricing information displayed in the App is independently compiled and maintained by Tallo from publicly available sources. Tallo does not represent that such information has been provided by, verified by, or approved by any Retailer.

8.3 Retailer Trade Marks

The names, logos, trade marks, and branding of Retailers and product manufacturers displayed in the App remain the property of their respective owners. Their appearance in the App is for the sole purpose of product identification and price comparison, and does not imply any affiliation with, endorsement by, or commercial relationship with those owners.

8.4 Consumer Information Purpose

The price comparison functionality of the App is provided as a consumer information service to assist users in making informed purchasing decisions. Nothing in the App constitutes a retail offer, and Tallo does not facilitate or process any transaction between you and any Retailer.

9. Meal Planning and Recipe Content

9.1

The App provides meal planning features including recipe browsing, meal preparation planning, and a lunchbox builder. Recipe and nutritional content displayed in the App is provided for general informational and convenience purposes only.

9.2

Tallo does not warrant that any recipe content is accurate, complete, suitable for your dietary requirements, or free from allergens. You are solely responsible for verifying that any recipe or meal plan is appropriate for your individual circumstances, including any dietary restrictions, allergies, or health conditions.

9.3

Nothing in the App constitutes dietary, nutritional, or medical advice. You should seek professional advice before making any significant dietary changes.

9.4

Ingredient price estimates generated by the App's meal planning features are indicative only and subject to the same accuracy limitations set out in clause 7.

9.5 Recipe import

The App allows you to import recipes from third-party web addresses and from links to publicly shared social media posts that you choose to provide. This feature is provided as a convenience for your personal, non-commercial use only.

9.6 Third-party ownership of imported content

Recipes and related material available at third-party web addresses and on social media are owned by their respective authors, publishers, or rights holders. Tallo does not own that material, does not claim any rights in it, and does not host or republish it. An imported recipe is saved only in your device's local storage for your personal use.

9.7 Your responsibility when importing

You are responsible for ensuring that you are entitled to import and use any content you choose to import, and that your use is personal and non-commercial. You must not use the import feature to reproduce, distribute, or commercially exploit third-party content.

9.8 Automated extraction and accuracy

Imported recipe details are interpreted automatically and may be incomplete or inaccurate, including in relation to ingredients, quantities, method, and allergens. Imported content is subject to the same limitations and disclaimers set out in clauses 9.1 to 9.4. You should verify any imported recipe before relying on it, particularly where you have any dietary restriction, allergy, or health condition.

9.9 Rights holder concerns

If you are a content owner and believe the import feature is being used in a way that infringes your rights, contact support@talloapp.co.nz and Tallo will consider and respond to your concerns.

10. User-Submitted Content

10.1 Licence

By submitting User Content to the App, you grant Tallo a perpetual, irrevocable, worldwide, royalty-free, non-exclusive licence to use, reproduce, store, modify, adapt, publish, display, and incorporate your User Content into the App and its associated datasets for the purpose of operating and improving the App. This licence applies only to User Content that you have created or that you otherwise own or are entitled to license to Tallo. It does not apply to third-party content that you import into the App under clause 9.5, which Tallo stores and processes solely to provide the import feature to you and does not use for any other purpose.

10.2 Representations

By submitting User Content, you represent and warrant that:

• (a) you own or have the necessary rights to submit the content;
• (b) the content is accurate to the best of your knowledge;
• (c) the submission does not infringe the intellectual property rights, privacy rights, or other rights of any third party;
• (d) the content does not contain any material that is false, misleading, defamatory, offensive, or otherwise unlawful.

10.3 Zero Tolerance for Objectionable Content

Tallo has a zero-tolerance policy for objectionable content. You must not submit any User Content that:

• (a) is hateful, discriminatory, or promotes violence against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or any other characteristic;
• (b) is sexually explicit, pornographic, or obscene;
• (c) harasses, bullies, threatens, or intimidates any individual;
• (d) exploits or endangers minors in any way;
• (e) promotes or facilitates illegal activity.

Tallo will remove any such content promptly upon becoming aware of it. Users who submit objectionable content may have their account suspended or terminated without notice.

To report objectionable content, contact support@talloapp.co.nz.

10.4 Moderation

Tallo may accept, reject, modify, or remove any User Content at its sole discretion and without notice or obligation to you.

10.5 Ownership

Tallo claims no intellectual property rights over your User Content beyond the licence granted in clause 10.1. Tallo is under no obligation to attribute or credit you for any submission.

11. Intellectual Property

11.1

The App, including its design, source code, functionality, branding, the Tallo name and logo, and all Content created by Tallo, is owned by Tallo and is protected under New Zealand and international intellectual property laws. For the avoidance of doubt, this clause does not assert any ownership over product names, pricing data, or other information sourced from third parties, which remains the property of their respective owners.

11.2

Nothing in these Terms transfers any intellectual property rights to you. You may not use the Tallo name, logo, or branding without our prior written consent.

11.3

Product names, brand names, trade marks, and other intellectual property of Retailers and third-party manufacturers displayed in the App remain the property of their respective owners. Nothing in these Terms or in the App grants you any rights in respect of those marks.

12. Third-Party Services

12.1

The App integrates third-party services including Google Firebase, Google Sign-In, Apple Sign in with Apple, and Expo (for push notification delivery). Your use of those services is subject to their respective terms and policies:

• Google Terms of Service: policies.google.com/terms
• Apple Media Services Terms and Conditions: apple.com/legal/internet-services/terms/site.html
• Expo Terms of Service: expo.dev/terms

12.2

Tallo is not responsible for the availability, accuracy, content, products, or practices of any third-party service provider. Any issues with third-party services should be directed to the relevant provider.

13. Disclaimers

13.1

To the maximum extent permitted by law, the App and all Content is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.

13.2

Tallo does not warrant that:

• (a) the App will be available, uninterrupted, timely, or error-free;
• (b) defects in the App will be corrected;
• (c) the App or its servers are free of viruses or other harmful components;
• (d) the price or product information displayed in the App is accurate, complete, or current.

13.3

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you may have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 that cannot be excluded, restricted, or modified by agreement. Where you acquire the App or any related goods or services for the purposes of a business, the parties agree that the Consumer Guarantees Act 1993 does not apply, to the extent permitted by law.

14. Limitation of Liability

14.1

To the maximum extent permitted by law, Tallo's total liability to you for any loss or damage arising out of or in connection with your use of the App, whether in contract, tort (including negligence), statute, or otherwise, is limited to NZD $100.

14.2

To the maximum extent permitted by law, Tallo is not liable for any:

• (a) indirect, incidental, special, consequential, or punitive loss or damage;
• (b) loss of profits, revenue, savings, data, goodwill, or business opportunity;
• (c) loss arising from your reliance on price or product information displayed in the App;
• (d) loss arising from the acts or omissions of any Retailer or third-party service provider.

14.3

The limitations in this clause 14 do not apply to the extent that liability cannot be excluded under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

15. Indemnification

You agree to indemnify, defend, and hold harmless Tallo and its officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• (a) your use of the App in breach of these Terms;
• (b) your User Content;
• (c) your violation of any applicable law or regulation; or
• (d) your infringement of any rights of a third party.

16. App Store Terms

16.1 Apple App Store

If you downloaded the App from the Apple App Store, the following applies:

• (a) These Terms are between you and Tallo only, not Apple Inc. Apple is not a party to these Terms and has no obligation to provide any maintenance, support, warranty, or liability in relation to the App.
• (b) In the event of any conflict between these Terms and Apple's App Store terms, Apple's terms will prevail to the extent of the inconsistency.
• (c) Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary.

16.2 Google Play Store

If you downloaded the App from the Google Play Store, your use is also subject to Google Play's Terms of Service.

17. Suspension and Termination

17.1

Tallo may suspend or terminate your access to the App at any time, with or without notice, if:

• (a) you breach any provision of these Terms;
• (b) Tallo is required to do so by law or order of a court or regulator; or
• (c) Tallo discontinues the App.

17.2

You may cease using the App at any time. You may delete your account from within the App via Settings → Delete Account.

17.3

Upon termination of your access:

• (a) your licence to use the App terminates immediately;
• (b) you must cease all use of the App.

17.4

Clauses 10, 11, 13, 14, 15, and 19 survive termination of these Terms.

18. Changes to These Terms

18.1

Tallo may amend these Terms from time to time. The current version is identified by the "Last updated" date at the top of this document.

18.2

Where an amendment is material, Tallo will notify you within the App prior to the change taking effect. Continued use of the App following that notification constitutes your acceptance of the amended Terms.

18.3

If you do not agree to an amendment, you must cease using the App and delete it from your device.

19. Governing Law and Jurisdiction

These Terms are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute arising out of or in connection with these Terms or your use of the App.

20. Severability

If any provision of these Terms is held to be invalid, unlawful, or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.

21. Waiver

A failure or delay by Tallo to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. A waiver of any breach of these Terms does not constitute a waiver of any subsequent breach.

22. Entire Agreement

These Terms, together with the Privacy Policy at talloapp.co.nz/privacy, constitute the entire agreement between you and Tallo in relation to your use of the App and supersede all prior agreements, representations, and understandings in relation to that subject matter.

23. Contact

For all enquiries relating to these Terms:

Operator: Tallo Pty Ltd (ACN 699 854 692)
Support: support@talloapp.co.nz
General enquiries: info@talloapp.co.nz
Website: talloapp.co.nz

These Terms are prepared in accordance with the Consumer Guarantees Act 1993, the Fair Trading Act 1986, the Sale and Supply of Alcohol Act 2012, and the requirements of the Apple App Store and Google Play Store.