Legal

DELIVEROO TERMS OF USE FOR WEBSITE AND APPLICATIONS

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website deliveroo.com.au (our "Site") or any application we make available via an app store or otherwise (our "Service"), whether as a guest or a registered user. Please read these terms of use carefully before you start to use or Site or our Service. By accessing our Site or by using our Service, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, do not use access our Site or use our Service.

1. INFORMATION ABOUT US

deliveroo.com.au is a website operated by Deliveroo Australia Pty Ltd 73 607 915 640 ("we" or "us" or "Deliveroo"), ACN 607 915 640, whose registered office is at Level 1, 3 Wellington Road, St. Kilda, VIC 3182, Australia. Deliveroo is a business where the food is prepared by independent restaurants (our "Partner Restaurants") and delivered by us.

2. ACCESSING OUR SERVICE OR OUR SERVICES

Access to our Site and to our Service is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Site or our Service without notice (see below). We will not be liable if, for any reason, our Site or our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts our Site or our Service, or our entire Site or Service to users who have registered with us. You are responsible for maintaining the confidentially of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact support@deliveroo.com.au straight away to let us know. We can deactivate your account at any time.

3. ACCEPTABLE USE

You may use our Service only for lawful purposes. You may not use our Site or our Service in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in clause 5 below. You also agree not to access without authority, interfere with, damage or disrupt any part of our Site or our Service or any network or equipment used in the provision of our Service.

4. INTERACTIVE FEATURES OF OUR SITE

We may from time to time provide certain features which allow you to interact through our Site or our Service such as chat rooms. Generally, we do not moderate any interactive service we provide although we may remove content in contravention of these Terms of Use as set out in section 6. If we do decide to moderate an interactive service, we will make this clear before you use the service and normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

5. CONTENT STANDARDS

These content standards apply to any and all material which you contribute to our Service or Site (the "Contributions"), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contributions as well as to its whole. Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in Australia and in any country from which they are posted. Contributions must not:

• contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, database right or trademark of any other person;
• be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or promote any illegal activity;
• be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or
• advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

6. SUSPENSION AND TERMINATION

Failure to comply with section 3 (Acceptable Use) and/or 5 (Content Standards) in these Terms of Use constitutes a material breach of the Terms of Use, and may result in our taking all or any of the following actions:

• immediate, temporary or permanent withdrawal of your right to use our Service;
• immediate, temporary or permanent removal of any posting or material uploaded by you to our Service;
• issuing of a warning to you;
• legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.

7. INTELLECTUAL PROPERTY RIGHTS

We are the owner of or the licensee of all intellectual property rights in our Site and our Service, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.

8. RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Service, or by anyone who may be informed of any of its contents.

9. OUR SITE AND OUR SERVICE CHANGE REGULARLY

We aim to update our Site and our Service regularly, and may change the content at any time. If the need arises, we may suspend access to our Site and our Service, or close them indefinitely. Any of the material on our Site or our Service may be out of date at any given time, and we are under no obligation to update such material.

10. OUR LIABILITY

To the maximum extent permitted by law, Deliveroo provides our Service and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected. To the maximum extent permitted by law and subject as provided below, Deliveroo and any Partner Restaurant expressly disclaim all warranties and conditions with regard to any portion of our Service, including but not limited to all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement, and all responsibility for any loss, injury, claim, liability or damage of any kind, including resulting from, arising out of or any way related to:

1. any errors in or omissions from the Website, including but not limited to technical inaccuracies and typographical errors;
2. any third party contents therein directly or indirectly accessed through links in the Website, including but not limited to any errors or omissions;
3. the unavailability of the Service, or any portion; or
4. computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party content; or
5. our supply of Meals as a Service to you in accordance with this agreement.

To the maximum extent permitted by law, neither Deliveroo nor any Partner Restaurant shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including, without limitation, negligence) or otherwise arising from your use of or your inability to use our Service. To the extent the foregoing limitation of liability is prohibited or despite the limitation above, in the event that Deliveroo or the Partner Restaurant is found to be liable to you, our total aggregate liability is limited to the purchase price of the Meals you have paid for in your order.

If any warranties are implied by law that cannot be excluded, then to the maximum extent permitted by law, our liability for breach of such warranties is limited to, at our option:

1. in the case of products:

   1. the replacement of the products or the supply or equivalent products; or
   2. the payment of the cost of replacing the products or acquiring equivalent products;

2. in the case of services:

   1. the supply of the services again; or
   2. the payment of the cost of having the services supplied again.

Important: this does not include or limit in any way Deliveroo's or any Partner Restaurant's liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including under the Competition and Consumer Act 2010 (Cth), the statutory consumer guarantees under the Australian Consumer Law, or similar laws in the States and Territories of Australia.

11. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE AND USE OF OUR SERVICE

We collect certain data about you as a result of you using our Service. This is described in more detail in our privacy policy.

12. UPLOADING MATERIAL TO OUR SITE AND OUR SERVICE

Any material you upload to our Service or Site, or data that we collect as set out above (section 11) will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.

13. LINKS FROM OUR SITE

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

14. JURISDICTION AND APPLICABLE LAW

The Victorian courts will have jurisdiction over any claim arising from, or related to, a visit to our Site or use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the state of Victoria.

15. VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

16. YOUR CONCERNS

If you have any concerns about material which appears on our Service, please contact support@deliveroo.com.au

Voucher Terms & Conditions

1. All discounts, vouchers or codes only apply to first orders for new customers of Deliveroo unless otherwise stated.
2. A new customer is defined as someone who registers, makes a meal selection and enters the discount or voucher code specified on the advert, coupon or leaflet, at checkout during their order procedure.
3. A minimum spend is applicable in order to validate and use any discount, voucher or code.
4. Unless otherwise stated, all discounts, vouchers or codes must be redeemed within one calendar month.
5. All promotional validity dates are specified on the adverts, coupons or leaflets, please refer to the summary terms on these pieces of artwork for exact and further information specific to that promotion and its promotional period.
6. Alcohol will only be supplied to those aged 18+ with bona fide age identification.
7. Only one discount, voucher or code can be per order and each discount, voucher or code can only be used once per person.
8. Any discounts, vouchers or codes cannot be used in conjunction with any other Deliveroo offer.
9. Discounts, vouchers or codes cannot be exchanged for cash or any other alternatives and have no monetary value.
10. Cancelled orders will invalidate the use of that code on an account.
11. All discounts, vouchers and codes can only be used on one order, any remaining credit from that discount, voucher or code cannot be carried forward to any additional or subsequent orders.
12. Discounts, vouchers or codes may be provided on a customer service basis and will be applied to the customer’s account in the form of credit which has to be used in one order.
13. Any attempt to manipulate the system and use of discounts, vouchers or codes by use of bulk entry via third parties or syndicates, macros, ‘script’, ‘brute force’, masking identity by manipulating IP addresses, using identities other than their own or any other automated means or other automated means (including systems which can be programmed to enter), will render the order and use of that discount, voucher or code invalid and may potentially lead to that account being closed down.
14. If for any reason a discount, voucher or code becomes invalid due to technical failures or any other causes beyond the control of the Deliveroo, or a meal or restaurant becomes unavailable, Deliveroo reserves the right (subject to any written directions given under applicable law) to cancel, suspend or modify the campaign that is related to that discount, voucher or code and not re-issue any additional discounts, vouchers or codes to affected customers.
15. Deliveroo reserves the right, where necessary, to undertake all such action as is reasonable to protect itself against fraudulent or invalid redemptions including, without limitation, to require further verification as to the identity, age, and other relevant details of a customer.
16. By redeeming the discount, voucher or code, customers agree to release Deliveroo from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the campaign or with the acceptance or possession of any order (except death or personal injury caused by the Promoter’s negligence, for fraud, or otherwise as prohibited by law).
17. All meals and restaurants are subject to availability.
18. Normal registration and Deliveroo delivery terms and conditions apply.
19. Deliveroo will only use the personal details supplied in customer’s accounts and orders for the administration and delivery of an order and for no other purpose unless we have your consent. Deliveroo may disclose customer’s details personal information to its contractors to assist in conducting the delivery of an order or in response to a customer query. For more information on how we store customer data, please visit deliveroo.com.au/privacy for our data privacy policy.

1. How do I redeem my Gift Card?

Deliveroo gift cards ("Gift Cards") may only be redeemed toward the purchase of Meals from our Service. To redeem the credit loaded on your Gift Card, enter the unique promo code on the Gift Card at the checkout when you order your next Meal and your Deliveroo account will be credited with the amount loaded on your Gift Card(“Credit”).

You may use your Credit to order multiple Meals from our Service (i.e. your Credit is not limited to one order). If a purchase of any Meal exceeds your Credit, the remaining amount of your order must be paid with another Payment Method. If a purchase of any Meal is less than your Credit, the balance of your Credit will remain loaded to your account for future purchases. To view your Credit balance, visit your Deliveroo account.

No fees apply on e-vouchers. Fees for Gift Cards may apply on physical cards.

2. When does my Gift Card expire?

1. Gift Card Expiry Date
   You must redeem your Gift Card on or prior to the expiration date stated on the gift cardor e-voucher (as applicable). If there is no expiry date specified on the Gift Card, Gift Cards will expire on the date that is 12 months after the date the Gift Card was purchased(“GiftCard Expiry Date”). Any Credit not redeemed by the Gift Card Expiry Date will expire and you will be unable to use that Credit to purchase Meals from our Service or load that Credit to your Deliveroo account.
2. DeliverooCredit Expiry Date
   Once you have redeemed your Gift Card, you must use any Credit within 30 days of loading such amount(“Credit Expiry Date”), whether or not that 30 day period expires before or after the Gift Card Expiry Date. Any Credit not used by the Credit Expiry Date will be deducted from your Deliveroo account. To be clear, once the Gift Card has been redeemedand the Credit loaded to your Deliveroo account, the Credit Expiry Date will apply to that Credit (and not the Gift Card Expiry Date).

3. What I can’t use my Gift Card for

Gift Cards cannot be used to purchase other Deliveroo Gift Cards. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. Unused Credit loaded to a Deliverooaccount may not be transferred to another Deliveroo account.

4. What happens if my Gift Card is lost, stolen or destroyed?

Gift Cards should be treated as cash.They cannot be replaced if lost, stolenor damaged. The risk of loss and title for Gift Cardspasses to the purchaser upon delivery of the Gift Cards to the purchaser.Deliveroo is not responsible if any Gift Card is lost, stolen, destroyed or used without your permission.

5. Having problems activating your Gift Card?

If you are having issues activating your Gift Card, contact the Customer Support Team at support@deliveroo.com.au

6. Can I purchase Gift Cards?

If you are a corporate client, you are eligible to place an order for the purchase of Deliveroo Gift Cards (“Order”). Following the placement of your Order, Deliveroo will issue to you an invoice for your Order. Payment for your Order must be made via bank transfer within 14 days of receipt of the invoice for your Order. Deliveroo is under no obligation to issue to you any Gift Cards until full payment for your Order has been received by Deliveroo. Contact corporate@deliveroo.com.au for further details.

7. Fraud

Deliveroo has the right to close customer accounts and take payment from alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases on our Service.

8. Limitation of Liability

WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH GIFT CARD. IF APPLICABLE LAW DOES NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

9. General

Gift Cards are issued by Deliveroo Australia Pty Ltd. When you purchase, receive or redeem a Gift Card, you agree that the law of the state of Victoriawill govern these Gift Card terms and conditions. We reserve the right to change these terms and conditions from time to time in our discretion(including by the imposition of fees associated with the Gift Cards). Notices of changes to these terms and conditions will be made available on the Deliveroo website. All terms and conditions are applicable to the extent permitted by law.

10. Privacy policy

Deliveroo has a privacypolicy (available on the Deliveroo website), which applies to the extent we may collect or handle any personal information in connection with the Gift Cards.

Qantas Frequent Flyers Points

Overview

Deliveroo has partnered with the Qantas Frequent Flyer program, enabling you to earn Qantas Points on orders booked and paid for through the Deliveroo app.

How do I earn Qantas Points with Deliveroo?

Follow these easy steps to start earning Qantas Points with Deliveroo:

1. Login or create an account with Deliveroo
2. Link your Qantas Frequent Flyer account to your Deliveroo account
3. Book and pay for your order through the Deliveroo app or deliveroo.com.au and earn one Qantas Point per dollar spent

1. Deliveroo Account

Deliveroo enables you to earn Qantas Points on orders booked and paid for through the Deliveroo app or deliveroo.com.au. There is no cost to create a Deliveroo account. You must be a member of the Qantas Frequent Flyer program to earn Qantas Points. You can join for free here. Membership and points are subject to the terms and conditions of the Qantas Frequent Flyer program.

The terms and conditions that relate to earning qantas points using your deliveroo account through deliveroo are set out below.

2. Defined Terms

In these Terms and Conditions, we use the following terms:

• "Award" has the meaning given to it in the QFFP Terms.
• "Deliveroo Account" means an account held at Deliveroo.
• "Link" means to connect your QFFP Account with your Deliveroo Account to earn Qantas Points on "Other Benefits" are other promotions and special benefits which may be offered to you from time to time.
• "Payment" means payments made through the Deliveroo app and through deliveroo.com.au.
• "Points" means Qantas Points.
• "Qantas" means Qantas Airways Limited ABN 16 009 661 901.
• "QFFP" means the Qantas Frequent Flyer Program.
• "QFFP Account" means your Qantas Frequent Flyer Program membership account.
• "QFFP Member" means a member of the QFFP.
• "QFFP Terms" means the Qantas Frequent Flyer Program Terms and Conditions: http://www.qantas.com.au/fflyer/dyn/program/terms
• "Related Body Corporate" has the same meaning as given to that term in the Corporations Act 2001 (Cth).
• "Remove" means to remove a QFFP number from your Deliveroo Account.
• "Reward Flight" has the meaning given to it in the QFFP Terms.

3. Your eligibility to join Deliveroo and earn Qantas Points

1. You are eligible earn Qantas Points through Deliveroo, if you:

   1. are an individual (organizations cannot become Deliveroo or QFFP members)
   2. have a Deliveroo Account(s) in your name;
   3. are a member of the QFFP (to become a member see "Becoming a member of the Qantas Frequent Flyer Program" below);
   4. Link your QFFP Account to your Deliveroo Account (see "Linking your QFFP Account to your Qantas Account" below) which must be in the same name;
   5. agree to these Terms and Conditions.
2. When you join Deliveroo you are deemed to agree to these Terms and Conditions, and
3. You warrant that all information that you supply to Deliveroo and Qantas in relation to the QFFP and these Terms and Conditions is true, accurate and complete.

4. Linking Your QFFP Account to Your Deliveroo Account

1. To earn Points through Deliveroo, you must first Link your QFFP Account to your Deliveroo Account.
2. Once Linked, you can remove (or update) your QFFP Account from your Deliveroo Account at any time by going into the Deliveroo App, go to My Account and delete your Qantas Frequent Flyer details. If you remove your QFFP Account from your Deliveroo Account you will not earn Qantas Points with Deliveroo from the date that you remove your account.

5. Earning Points

1. You will earn 1 Qantas Point for each dollar of Payment that you make when you order and pay for food and drink on deliveroo.com.au or using the Deliveroo app through your Deliveroo Account after the date on which you Link your QFFP Account to your Deliveroo Account; and
2. You will earn Qantas Points when the Payment has been processed. Please allow up to 60 days after processing for your Qantas Points to be credited to your QFFP Account.
3. The Qantas Points earn rate is determined by Deliveroo and Qantas and may change at any time.
4. Qantas Points will be earned based on spend rounded up to the nearest dollar.
5. You will only earn Qantas Points on Payments through a Deliveroo Account if at the time the account is processed, your QFFP Account is Linked to your Deliveroo Account

6. Qantas Points will not be earned on:

   1. payments made other than through a Deliveroo Account;
   2. orders made outside the Deliveroo app and deliveroo.com.au
   3. payments that are refunded to You by Deliveroo;
7. Deliveroo will not exchange Qantas Points or Other Benefits for cash or gift-cards (see "How to redeem Points" below for information on how to redeem your Qantas Points through the QFFP).

6. How to Track Your Points

You can check the Qantas Points you have earned from Deliveroo by logging onto Qantas.com.au and log into Frequent Flyers.

7. How to Redeem Points

Points earned from Deliveroo can only be redeemed through Qantas Frequent Flyer (not Deliveroo) in accordance with the QFFP Terms.

8. Reversing Points

Deliveroo may request Qantas to reverse (debit) any Qantas Points that have been or are to be credited to a QFFP Account. This may be done where you have receive a refund for Eligible Payments on which you have earned Qantas Points or where there are other grounds which Deliveroo consider reasonable to warrant a reversal.

9. Bonus Qantas Points

From time to time, Deliveroo may have bonus Qantas Points offers. Separate terms and conditions may apply to these offers (in addition to these Terms and Conditions).

10. Claiming Qantas Points

Qantas Points will only be earned on Payments that are made after linking a Qantas Frequent Flyer membership number to a Deliveroo Account. Qantas Points cannot be earned retrospectively on past transactions. No exceptions apply.

11. The Qantas Frequent Flyer Program

QFFP membership is determined by Qantas, not Deliveroo. QFFP membership, Qantas Points (including redeeming and expiry of Qantas Points following them being credited to your QFFP Account), the number of Qantas Points required for Awards and Rewards and changes to the number of Qantas Points required for Awards and Rewards are all subject to the QFFP terms and conditions.

13. Claims and Complaints

1. If you notify Deliveroo your QFFP Account has not been appropriately credited with Points to which you are entitled pursuant to these Terms and Conditions (a "Claim"), then Deliveroo will, within 30 business days of receiving your Claim:

   1. advise Qantas either:

      1. that you are not entitled to Qantas Points under these Terms and Conditions; or
      2. that you are entitled to Qantas Points under these Terms and Conditions, in which case Deliveroo will then advise Qantas to credit your QFFP Account with those Qantas Points. Please allow up to 60 days after the day you are notified of this decision for your Qantas Points to be credited to your QFFP Account; and
   2. notify you of Deliveroo's decision regarding your Claim, and the reason for that decision.

14. Privacy and Consents

1. Deliveroo respects your privacy. We collect, store and use your personal information in accordance with our privacy policy, the Privacy Act 1988 (Cth) and all other applicable privacy laws.

2. It is a condition of holding a Deliveroo Account that you consent to:

   1. Deliveroo using your personal information for the purposes described in its privacy policy available at https://deliveroo.com.au/privacy
   2. Deliveroo exchanging, collecting and using personal information relating to your Deliveroo account, including your name, email address, mobile number and QFFP Account number, for the purposes of earning Qantas Points with Deliveroo.
3. If you do not provide personal information, or do not consent to these terms, you will not be able to create a Deliveroo account or earn Qantas Points with Deliveroo.
4. You may access or correct your personal information held by Deliveroo, or make a complaint about its privacy practices by contacting the Deliveroo support team at support@deliveroo.com.au

15. No Liability

1. Subject to its obligations under law, in particular consumer guarantees in the Australian Consumer Law (and other similar consumer protections) that cannot be excluded, restricted or modified, Deliveroo will incur no liability to you in relation to any loss, damage, costs or expenses suffered or incurred by you as a result of:

   1. the suspension and/or termination of your Qantas account;
   2. the ability or inability for Deliveroo account holders to earn Qantas Points; or
   3. the operation of the QFFP (including the redemption of Points).

16. Changes to these Terms and Conditions

1. Deliveroo and Qantas reserve the right to change, suspend or terminate these Terms and Conditions at any time.
2. Where we change these Terms and Conditions, an updated copy of these Terms and Conditions will be available on the https://deliveroo.com.au/legal. Members should regularly check for updates to the Terms and Conditions.

Referral Program