Terms and conditions

Menu Manager

Last updated: 14 September 2020

These terms

These terms apply to your access to and use of Menu Manager, and supplement your existing agreement governing your use of the platform (the Agreement) with Deliveroo or us (Deliveroo Australia PtyLtd, ABN 73 607 915 640). By clicking “Accept” you agree to use Menu Manager in line with these terms. 

We may make changes to these terms, so check back here from time to time. We’ll notify you of material changes before they happen. If you access or use Menu Manager after being notified of a change, you’re deemed to have accepted the change. These terms are also subject to any separate agreement entered into by you and Deliveroo in relation to your access or use of Menu Manager.

Terms capitalised but not defined in these terms have the meaning given in the Agreement between us. These terms prevail if they are different to that Agreement, but only in respect of your menus and use of Menu Manager. By accepting these terms, you agree that notwithstanding the terms of your Agreement with us:

  • Deliveroo won’t launch your sites and menu items on the Deliveroo Platform - you’ll be able to do this yourself. 
  • When you’re happy with your menu, you can publish it to the Deliveroo Platform.

What is Menu Manager

Menu Manager enables you to create and/or edit your own menu pages for the Deliveroo Platform (www.deliveroo.com.au and the Australia mobile app). 

Menu Manager is a new feature - we’ve tested it, but it is still developing and improving all the time. As such, Menu Manager may change from time to time. We may discontinue or withdraw certain functions or features. We’ll try and signpost this to you. 

Using Menu Manager

Deliveroo has launched Menu Manager for its Australian restaurants and partners. You can use Menu Manager using your Restaurant Hub credentials. You can’t use Menu Manager if you use menu API integration on the platform. 

By using Menu Manager, you acknowledge that you will be amending the information consumers see about your menu items. Your menu updates will go live to consumers on the Deliveroo Platform shortly after you “publish” your edits. Check your menu edits carefully before publishing!

You are responsible for ensuring the accuracy, completeness and compliance with applicable laws (in particular in respect of providing information required by applicable consumer laws) of all information that you or your employees, agents or representatives input about Menu Items for publication on the Platform - we are not responsible for your use of Menu Manager or the content you upload by using it. 

Your use of Menu Manager is subject to your compliance with these terms. If you don’t comply with these terms, or any additional terms entered into by you and Deliveroo in relation to your access or use of Menu Manager, we may suspend your access to Menu Manager without notice.

Ensuring high quality menus

We’ve put together this guidance, which you may find useful when putting together your menu. It highlights some tips and tricks that we’ve seen work well with our customers. 

Your menu (including each menu item image and description) must:

  • Be clear, accurate, complete and error-free
  • Be your own, original content or licensed to you by a third party on terms that let you grant us the rights below. Content you upload must not infringe any third party’s proprietary rights. 
  • Meet any requirements in your Agreement with us
  • Comply with all applicable legal and regulatory requirements, including maximum alcohol quantities that you may sell in an order
  • Only include products that we permit to be offered on the Deliveroo Platform in the UK, in accordance with any specific requirements we notify you of where any restriction (eg minimum age) applies 

If any information uploaded to the Deliveroo Platform using Menu Manager doesn’t comply with these terms or is offensive, illegal, immoral or inappropriate in any way we may remove it or the applicable menu page immediately without notice. 

Our team reviews the menus edited or created on Menu Manager. If a menu is not compliant with these terms or our Agreement, we may notify you and ask you to make further edits or we may suspend your relevant site from the Deliveroo Platform (depending on the nature of the concern). We reserve the right to edit menu items for display on the Deliveroo Platform. 

Additional requirements for non-restaurants

If you are a non-restaurant there are a few cases where you need to notify your Deliveroo account manager before changes can be made. In particular, you need to notify your account manager of any of the below changes, and wait for their authorisation before updating in Menu Manager:

  1. adding any new Menu Items which fall within a category of products you do not already make available on the Platform (for example: fruit and vegetables; personal care products; or alcohol). 
  2. making any amendment (apart from a price change or non-material Menu Item description change) in respect of an age-restricted Menu Item or any Menu Item in respect of which sales are otherwise regulated (including medicines).

If you don’t follow this process and fail to get authorisation for relevant Menu Manager updates, we may amend or remove the relevant Menu Items, and suspend you from the Deliveroo Platform.

Rights you grant us

By using Menu Manager you give us permission to use and publish the information and content you submit, including any intellectual property, on the Deliveroo Platform and as necessary for us to provide the Services under the Agreement between us. If a third party owns rights in any information or content you upload to Menu Manager, you must get their permission before you upload it. 

Legal terms

Menu Manager and all intellectual property rights in it are owned by Deliveroo or one of its affiliates. We reserve all rights not expressly granted under these terms. 

We may collect data about your use of Menu Manager. By using Menu Manager, you agree to us collecting and using this information. We may use this information for various purposes, including to improve, maintain, protect and develop our products, and to provide Services to you.

MENU MANAGER IS MADE AVAILABLE “AS IS”. WE ARE NOT OBLIGED TO CORRECT ERRORS OR THE EFFECTS OF ERRORS (INCLUDING RECOVERING LOST DATA) OR PROVIDE TECHNICAL SUPPORT.  WE EXCLUDE ALL LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE HAVE NO LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT OR SPECIAL DAMAGES OF ANY KIND OR FOR LOSS OF PROFITS, REVENUE OR BUSINESS ARISING OUT OF OR RELATING TO MENU MANAGER OR THESE TERMS.

WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO MENU MANAGER INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON INFRINGEMENT OF THIRD-PARTY RIGHTS.

Any amendment or waiver of these terms needs to be in writing. A delay in enforcing these terms is not a waiver. If part of these terms is found to be illegal or unenforceable, the rest of the terms remain in force. These terms are governed by the laws of Australia. The courts of Australia have exclusive jurisdiction in respect out of or in connection with these terms.

Getting in touch

If you have questions about Menu Manager, contact restaurants@deliveroo.com.au. You may also find answers to your questions here.

Table Service

These terms

These terms apply to your access to and use of Table Service on www.deliveroo.com.au and our mobile app (the Platform). Table Service is provided by Deliveroo Australia Pty Ltd, ABN 73 607 915 640 (Deliveroo, us).

By clicking “Accept” or by accepting a Table Service order on the Platform you confirm that:

  • You have authority to do so and to bind the person or company you are accepting for.
  • You accept our offer to provide Table Service on these terms.
  • You agree to and will comply in full with these terms. 

This forms a contract between you and Deliveroo, which commences on the date of your acceptance and continues until terminated in accordance with this agreement (“Term”).  You should save a copy of these terms for your records.  We may make changes to these terms, so check back here from time to time. We’ll notify you of material changes before they happen. If you access or use Table Service after being notified of a change, you’re deemed to have accepted that change.

You can procure other services (e.g. Delivery or Pickup) from Deliveroo by agreeing and entering into a separate contract with us. Each additional contract entered into by you and Deliveroo shall form a separate agreement. 

If you have questions about these terms or Table Service contact restaurants@deliveroo.com.au

If we need to contact you, we’ll do so via the email address on your account.

What is Table Service

Table Service is a contact-free way for customers to order and pay for dine-in experiences. You can learn more about Table Service here.  

When you sign up to Table Service through Restaurant Hub, Table Service will be provided to all sites associated with your company ID unless you tell us otherwise using the contact details above.

By signing up to Table Service, you authorise Deliveroo to act as your agent to solicit, promote and conclude contracts for Table Service orders in your name and on your behalf and to process and collect customer payments owed to you in respect of those orders. 

Customer payments made in respect of orders placed with you through Table Service will be held by Deliveroo on your behalf; payment to Deliveroo settles the customer’s payment obligation to you for these orders. 

Table Service Fees 

Your use of Table Service is subject to a service fee calculated as 2% of gross merchandise value of the (“GMV”) per order (plus GST at the applicable rate). You must cooperate with us so that we can comply with our GST accounting obligations. You will receive payments from us in accordance with our standard payment terms applicable in the country you operate in from time to time.  We will pay you an amount equal to the GMV of your menu items that have been ordered on our platform during the relevant payment period, less the 2% service fee (plus GST), by electronic bank transfer to a bank account you have nominated.

Table Service is currently commission-free. We may introduce a commission for use of Table Service in future. We will give you reasonable advance notice if we do, and you will have the opportunity to opt-out and end your use of Table Service before the commission takes effect.  Your acceptance of a Table Service order after this notice expires will constitute acceptance of the new commission. 

What we will do

  • If you are new to Deliveroo, when you accept these terms we will onboard you onto our Platform. You agree that we may subcontract part of the onboarding process. 
  • We will, subject to our rights to suspend your use of Table Service under these terms, display your site/s and menu items on the Platform as available for Table Service orders.
  • We will facilitate and implement a real-time ordering process which will enable customers to place and pay for Table Service orders on the Platform.

What you must do

You must:

Onboarding and set-up of Table Service

  • Provide all information, materials and assistance reasonably required by Deliveroo to onboard you to the Platform or launch Table Service for you.  You must ensure that the information you provide to Deliveroo and customers in or in respect of your use of Table Service is complete and accurate in all material respects.
  • If you are new to the Platform, provide us with accurate descriptions of menu items to be offered in Table Service (including any relevant allergen advice and applicable GST amounts). You agree that

(a) We may make limited and reasonable edits to menu item descriptions from time to time (including where legally required); 

(b) To ensure a great customer experience, the prices for the menu items you provide for display  via Table Service on the Platform should be the same as the prices for menu items published in your dine-in or in-store menu.

Display any Table Service signage provided by Deliveroo for display in your restaurant in accordance with our instructions.

Use of Table Service 

  • Keep your menu up to date - by giving us at least three days’ notice of changes you require us to make for you or by making your own changes through Menu Manager. 
  • Ensure that all relevant menu items are available to be ordered by a customer during your opening hours, and accept and reject Table Service orders as appropriate. You should not accept cash payment for Table Service orders, as it will result in the customer making payment twice.
  • Ensure that Table Service orders are prepared using all due skill, care and diligence, promptly, accurately and in accordance with the timescales communicated via the Platform. In particular, you must ensure that menu items:

(a) correspond with the descriptions on the Platform (including indications that particular menu items are gluten free, nut free, or are suitable for vegetarians and/or vegans);

(b) are not harmful to health or the environment;

(c) have been properly cooked or prepared and are otherwise safe, fit for consumption and palatable;

(d) are safely and appropriately served at all times; and 

(e) are at an appropriate temperature for consumption by the customer.

  • Take account of any information relating to customer allergies provided with the Table Service order.
  • Provide each customer with an official receipt for their Table Service order (and a GST receipt, if applicable). 
  • Ensure that customers are at all times treated in a professional manner by staff and are provided with access to a safe dining area in accordance with the latest Covid-19 related government guidance.
  • Use your best endeavours to resolve any customer complaints or requests in a cooperative, timely and professional manner with the customer - unless the customer complaint relates to their use of the Platform generally or payment processing, Deliveroo does not provide customer support for Table Service orders.

General Requirements

  • Maintain the security and confidentiality of any access credentials we provide to you at all times. You are responsible for the actions of any person using your access credentials.
  • Comply with all applicable laws and licensing, registration and approvals requirements at all times, and any and all Deliveroo policies made available to you from time to time.
  • Cooperate with Deliveroo and provide, in a timely manner, such assistance and information as Deliveroo may reasonably require. 

Equipment and joining fees

You will need a tablet and a printer to start accepting Table Service orders.  If you’re an existing customer, you can use your existing equipment. 

For new customers, when signing up you will be given two options for equipment (you can find the latest pricing for each on our sign-up pages). Each option is subject to a one-off joining fee.  

  • You can use your own device (which you are responsible for obtaining and maintaining). 
  • You can purchase a Deliveroo device. The risk in the device passes from us to you upon installation. Title to the device passes from us to you upon payment for the device. You must let us know of any faults with, or damage to, the device and give us access to your site during normal business hours to inspect, clean, repair, replace or remove the device. We may charge a reasonable fee for repairing or replacing a device.

We will make software  available to you to use on the equipment so that you can use Table Service. This software constitutes Deliveroo IP (see below). You must promptly implement any patches, updates, upgrades and/or new versions of such software that we release from time to time.

Suspension and termination

We may suspend your use of the Platform on giving you notice if we know or suspect you have breached these terms or the terms of any other services that you acquire from us, or if we otherwise consider suspension reasonably necessary taking account of all relevant circumstances. 

We will give you the reasons for the suspension where permitted by law. We will maintain the suspension until you have remedied the breach to our reasonable satisfaction or we no longer consider the suspension necessary in the circumstances.

These terms take effect on acceptance (see above) and continue until terminated by either party giving 30 days’ written notice to the other. If permitted by law and where we consider immediate termination necessary in the circumstances, we may give you written notice to terminate these terms with immediate effect. 

Intellectual property

All rights, title and interest in and to Restaurant Hub, any software we provide for your use and any other materials we provide to you under or in connection with these terms are and shall at all times remain Deliveroo’s intellectual property (“Deliveroo IP”). We grant you a limited, non-exclusive, non-transferrable, non-sublicensable, revocable licence to use the Deliveroo IP  in the country you operate in during the term of our agreement for the sole purpose of using Table Service. 

You must not (and shall not permit any third party to):  

  • copy, adapt, reverse engineer, decompile, modify or make error corrections to any Deliveroo IP other than with our express prior written consent;
  • breach, disable, tamper with, or develop or use any workaround for any security measure in any Deliveroo IP or otherwise do anything that disrupts any Deliveroo IP, Deliveroo or any person.

Deliveroo grants you a non-exclusive, royalty-free, non-sublicensable, non-transferable licence to use Deliveroo branding, which includes the “Deliveroo” logo, name and/or website address for the Term  in the country you operate in to allow you to advertise Table Service at your sites. You must comply with any Deliveroo policy issued from time to time.

You grant us and our affiliates a non-exclusive, royalty-free licence to use your branding which includes your logos, name and website address(es) for the Term  in the country you operate in. You warrant and undertake that your branding does not and will not infringe any third party intellectual property rights.  We can use your branding on the Platform, for marketing purposes and as reasonably necessary to provide Table Service.

Except for these limited licences:

  • Deliveroo retains ownership of and all rights in and to Deliveroo branding; and
  • You retain ownership of and all rights in and to your branding. 

We may collect data about your use of Table Service. By using Table Service you agree to us collecting and using this information. We may use this information for various purposes, including to improve, maintain, protect and develop our products, and to provide Services to you.

Legal terms

WE EXCLUDE ALL LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE HAVE NO LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT OR SPECIAL DAMAGES OF ANY KIND OR FOR LOSS OF PROFITS, REVENUE OR BUSINESS ARISING OUT OF OR RELATING TO TABLE SERVICE, ORDERS PLACED BY CUSTOMERS USING TABLE SERVICE OR THESE TERMS.

TABLE SERVICE IS PROVIDED AS-IS. WE DO NOT REPRESENT OR WARRANT THAT TABLE SERVICE OR THE PLATFORM WILL BE ERROR FREE OR UNINTERRUPTED. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO TABLE SERVICE INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON INFRINGEMENT OF THIRD-PARTY RIGHTS.

These terms are the entire agreement between us in relation to Table Service. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in these terms.

A delay in enforcing these terms is not a waiver. If part of these terms is found to be illegal or unenforceable, the rest of the terms remain in force. 

These terms are subject to the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia in respect of any dispute or claim arising out of or in connection with these terms.

Data protection

We will each comply with our respective obligations set out in the Data Protection Schedule.

Data Protection Schedule

  1. DEFINED TERMS

Controller”, “Data Subject”, “Personal Data” and “processing” all have the meanings given to them in DP Laws (and related terms like “process” have corresponding meanings).

Complaint” a notice, complaint or request relating to the obligations of either party under DP Laws that is relevant to the Protected Data.

Data Subject Request” a Data Subject’s request to exercise their rights under DP Laws.

DP Laws” any law, enactment, regulation, regulatory policy, by law, ordinance or subordinate legislation relating to the processing, privacy, and use of Personal Data, that applies to the Partner, Deliveroo and/or Table Service in Australia.

Protected Data” Personal Data received from or on behalf of the Customer for the purposes of placing a Table Service order.

Supervisory Authority” any local, national or multinational agency, department, official, parliament, public or statutory person or any government or professional body, regulatory or supervisory authority, board or other body responsible for administering DP Laws. 

  1. USE OF PROTECTED DATA

We will give you the details of the customer’s Table Service order to allow you to process and fulfil it (“Order Info”).  You must not access or use any Order Info for any purpose other than the fulfilment of the Table Service order to which it relates in accordance with these terms.

We will also provide access to Protected Data at your request if you reasonably require access to deal with a customer Complaint or respond to a Data Subject Request.

  1. PROTECTED DATA OBLIGATIONS

The parties acknowledge and agree that, in respect of the Protected Data, each party is an independent controller. Each party shall comply with DP Laws and its obligations under this Schedule in connection with the access to and use of Protected Data. 

Each party may deal at its discretion with all Data Subject Requests and Complaints that it receives directly from a Data Subject or the person making the Complaint.

Each party agrees to provide reasonable and prompt assistance to the other party as necessary to assist the other party to ensure compliance with its obligations under DP Laws and enable the other party to comply with Data Subject Requests and/or respond to other queries or Complaints received from Data Subjects or Supervisory Authorities, in each case related to the Protected Data.

To the extent permitted by law, you must not issue any public statement or notification about Protected Data without first obtaining Deliveroo’s consent.

Payment Cycle - Contract Change

Last Updated: 11 August 2020

We refer to the agreement(s) between us that relate to the provision by us of Core Services, Marketplace+ Services, Pick-up Services, and/or Editions Services (for the purpose of this amendment only, the “Agreements” and the “Services”, respectively). Pursuant to the provisions in the Agreement that permit us to make amendments that do not materially affect the Services, we are amending the Agreements to alter the payment terms such that you are paid on approximately a weekly basis. For further information about how this change will operate, please see the Help Centre article here.

This amendment sets out the basis on which the Core Services Fees, Marketplace+ Services Fees, Pick-up Services Fees, and/or Editions Services Fees (for the purposes of this amendment only, the “Fees”) and the Menu Items Amount and Restaurant Payments are calculated. 

From 1 September 2020 onwards, and subject to transition periods notified to you:

  1. The relevant clauses about the timing of the payment of the Fees are deemed replaced with the following.
  2. Fees in your Agreement shall be calculated weekly on the Calculation Day by reference to consecutive periods of approximately the 7 days ending on the Sunday immediately prior to such Calculation Day (or, during the first such period, such period from the commencement of the Agreement ending on the Sunday immediately prior to such Calculation Day) (each, a “Period”)
  3. A day shall be regarded as beginning at 00:00 UTC time and ending at 23:59 UTC time;
  4. Within 2 Business Days of the Calculation Day, Deliveroo shall:

    (i) send or otherwise make available to you a statement summarising the Menu Items ordered from the you during the the relevant Period  (the “Menu Items Amount”)

    (ii) send or otherwise make available to you a statement summarising the corresponding amount due to the you, which shall be the Menu Items Amount less the Fees applicable in the Agreement (the “Restaurant Payment” or “Partner Payment” as the case may be); and

    (iii) authorise the transfer of the Restaurant Payment or Partner Payment (as the case may be) to you  by electronic bank transfer to a bank account in the Territory nominated by you.

Notwithstanding the above, Deliveroo may make available, and you may elect to apply, alternative arrangements for the Period or the timing of the Restaurant Payment or Partner Payment (as the case may be) from time to time. In the event of any conflict between the terms of such alternative arrangements and these terms, the terms of such alternative arrangements shall prevail. 

Calculation Day” means the applicable Deliveroo standard day on which Deliveroo calculates payments to restaurants and partners  in the Territory .

Except as set out above, your Agreements with us shall continue in full force and effect. If there is any direct conflict or inconsistency between the terms above and your Agreements, the terms above shall prevail.