Terms and conditions

Last Updated: 14 September 2020

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 Hong Kong Limited, company number 2288695). By clicking “Accept” you agree to use Menu Manager in line with these terms. 

We may make changes to these terms, so check back at https://restaurants.deliveroo.com/en-hk/terms 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 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.hk and the Hong Kong 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 Hong Kong restaurants and partners. You can use Menu Manager using your Restaurant Hub credentials. You can’t use Menu Manager if you use 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
• Only include products that we permit to be offered on the Deliveroo Platform in Hong Kong, 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 Hong Kong. The courts of Hong Kong 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.hk. You may also find answers to your questions here.

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.

Last updated: 23 September 2020

These terms apply to the supply of Pickup Services, and supplement your existing agreement(s) with Deliveroo or Us (Roofoods Ltd, company number 08167130, or the relevant affiliate of Roofoods Ltd with which you have contracted) (the “Existing Agreement(s)”). If you have contracted with Deliveroo separately in respect of the provision of Pickup Services, such contract rather than these terms shall apply to our provision of the Pickup Services.

We may make changes to these terms, so check back here from time to time. We will notify you of material changes before they happen.

Terms capitalised but not defined in these terms have the meaning given in the Existing Agreement(s).

In accordance with our communications to you in respect of the Pickup Services, you will be deemed to have accepted these terms by accepting your first Pickup Order.

Pickup Service Obligations
These terms amend the Existing Agreement(s). Unless and to the extent that you have opted out by emailing your account manager to confirm that you do not wish to use our Pick Up Services, these terms set out the basis, in relation to the Sites in your Existing Agreement(s) from time to time, on which you may use, and to which we shall provide, the following services:

(a)        the launch and display of the Restaurant and Menu Items on the Platform;

(b)        the facilitation of a real-time ordering process which will enable Customers to place an order for one or more Menu Items via the Platform to be collected by that Customer from a sSite (such site being a “Pickup Site” and such order being a “Pickup Order”); and

(c)        customer support services provided to the Customer to deal with complaints and/or enquiries in relation to Pickup Orders,

(such services being, together, the “Pickup Services”).

In consideration of the fees specified in our separate communications to you and further described herein (the “Pickup Service Fee”), we shall use our reasonable endeavours to provide the Pickup Services in accordance with these terms to the end of the relevant Term specified in the Existing Agreement(s). Pickup Service Fees shall be calculated using the GMV of the Pickup Orders and the percentage rate specified in our separate communications to you.

Pickup Order Obligations 

You acknowledge and agree that all Pickup Orders shall be paid for by Customers via the Platform and you shall not allow Customers to pay for Pickup Orders at the time of collection.

You shall:

(a)            ensure that Pickup Orders are prepared promptly and are made available for collection by the Customer at the collection time communicated by you to the Customer via the Platform (such collection time being the “Pickup Collection Time”);

(b)            ensure that Customers are at all times treated in a professional manner by your staff and, wherever practical, are provided with access to a safe waiting area inside the relevant Pickup Site when collecting a Pickup Order; and

(c)            use your best endeavours to resolve any complaints or requests made by the Customer at any Site in a cooperative, timely and professional manner and in accordance with your Existing Agreement(s).

To ensure a great customer experience, we recommend that the prices for the Menu Items you provide for display on the Platform for Pickup Orders shall be the same as the prices for menu items published in your in-restaurant/store menu. We may, from time to time, try to support you in achieving consistent prices between your in-restaurant/store menu and those you display for Menu Items on the Platform by offering you a discounted Pickup Service Fee if you achieve this.  You agree that if a Customer provides us with evidence that, without reference to promotional offers, the price in-restaurant/store is lower than the price of the Menu Item on the Platform, we may vary the Pickup Service Fee to remove any such discount for the duration of any Existing Agreement(s) with us.

General 

Except as set out in these terms, the Existing Agreement(s) shall continue in full force and effect.  If there is any conflict or inconsistency between these terms and the Existing Agreement(s) in respect of the Pickup Services, the provisions of these terms shall prevail.

These terms shall not apply in respect of your use of delivery and/or other services that we have agreed to provide, as set out in the Existing Agreement(s).

Except as otherwise stated in these terms or where the context requires otherwise, the terms of the Existing Agreement shall apply to the provision and use of the Pickup Services. Accordingly, for the purposes of the Pickup Services, references in the Existing Agreement to:

(a)            “Fees”, “Marketplace+ Services Fees” and “Core Services Fees” shall be deemed to include the Pickup Service Fees;

(b)            “Order” shall be deemed to include each Pickup Order; and

(c)            “Service Pack” shall be deemed to include these terms.

The provisions relating to the jurisdiction and governing law applying to the Existing Agreement shall apply in full to this letter.

Getting in touch

If you have questions about these terms or the Pickup Services, please contact us via Live Chat in your Restaurant Hub account, or fill in a Help request on the Help tab in Hub. You may also find answers to your questions in our help pages here, and here.

Last updated - 27 April 2021

By signing up to be part of Deliveroo Rewards (“Rewards”), and clicking accept you confirm that you:

• have authority to accept and to bind the partner they are accepting for;
• you agree to the following terms and conditions (“Terms”)

These Terms comprise in order of precedence, unless expressly stated otherwise: 

• these Terms;
• your services agreement with us (Services Agreement), which applies only to the extent relevant to your use of Rewards (including in particular confidentiality obligations, governing law and jurisdiction); and
• any additional documentation referenced in these Terms or your Services Agreement.

In these Terms:

• you and your means the person that has entered into the Services Agreement with us, and
• we, us, and our means the Deliveroo party to that Services Agreement; and 
• capitalised terms not otherwise defined have the meaning given in the Services Agreement. 

We may change these Terms or the features and availability of Rewards from time to time, so please ensure you review all information provided regularly. We will endeavour to ensure such changes do not materially adversely affect Rewards live at that time, but reserve the right to make changes on reasonable advance notice, if required by law or to avoid harm to Deliveroo’s business, reputation, Customers or partners. 

The service we provide: We will endeavour to make Rewards available to you in all material respects in accordance with these Terms and place a Rewards badge on your menu on the Deliveroo app. 

Deliveroo Rewards mechanic:

• Customers who place a minimum of three Qualifying Orders with you within a 30 day period will receive a Deliveroo credit (“Reward Credit”), to use against their next order with you The credit is funded by you, and by launching Rewards you agree that Deliveroo may deduct any redeemed Reward Credits from payments due to you. 
  
• Customers will have a virtual rewards card, which records how many Qualifying Orders they have made (“Rewards Card”). “Qualifying Order” means a paid-for and delivered Deliveroo order of a minimum value of $150 (excluding tips, delivery and service fees and other service-related fees). Customers must redeem their reward within 30 days of the Reward Credit being granted. 
  
  
• The Reward Credit for Plus Customers is currently $85.  The Reward Credit will be redeemable with the customer’s next order from you above $150. 

Rewards Platform access: Rewards is accessed through Restaurant Hub  Access to Rewards from Restaurant Hub is currently limited to users listed as “Admin” or “Manager” within Restaurant Hub. It is your responsibility to ensure that only appropriate users hold “Admin” or “Manager” status and that you and all users keep login credentials safe. 

Rewards period: Subject to availability, Rewards will be live from the date and time you click accept on Restaurant Hub, unless terminated or suspended earlier in line with these Terms. Start dates and times refer to the timezone in which the site is located. 

Deliveroo’s rights to modify Rewards: Deliveroo reserves the right to modify features of the Rewards programme at any time by giving you written notice.

Opt-out: You may opt-out from the Rewards programme at any time via Restaurant Hub.  Your Rewards participation will end 30 days after you opt-out and during the notice period Customers may continue to complete their Rewards Cards. Upon termination:

• You must honour all existing Rewards Credit held by Customers at the opting out. 
• Deliveroo will not issue any new Rewards Cards or Rewards to Customers. 
• We will remove the “Rewards” badge from your  Deliveroo menu page 

Termination or suspension: Deliveroo reserves the right to terminate Rewards at any time with 30 days notice, and shall notify you in writing if it does so. In addition, if we believe that your use of Rewards is or may be in breach of law or these Terms we reserve the right to: (i) suspend or terminate your access to Rewards; (ii) suspend you from the Platform; (iii) terminate the Services Agreement; and/or (iv) take such other action as Deliveroo deems reasonable in the circumstances.

Use of Rewards: You must act in good faith, follow good industry practice and comply with Deliveroo’s policies from time to time in respect of Rewards.  You must not do or omit to do anything when using Rewards that is likely to lead to harm to Deliveroo’s business, reputation, partners or Customers. Your use of any Rewards must be compliant with all applicable laws in force from time to time in the locations in which Rewards is used. Any abusive or misleading use of Rewards, for example increasing your prices prior to activating Rewards, may result in your suspension from Rewards and/or the Deliveroo Platform. 

Charges and invoicing:  You are responsible for the cost of any Rewards Credit granted to Customers. Rewards Credit will be deducted from the amounts payable to you under your Services Agreement and will show as an adjustment on your invoice. You will receive a report for each  month in the first week of the next month on the performance of the Rewards feature. 

Availability and performance: Deliveroo makes no warranty or representation about the availability or effectiveness of Rewards. Rewards are provided “as is” and “as available” and all express and implied conditions, warranties and other terms about the availability or performance of Rewards are excluded as far as permitted by law. 

Liability for Rewards: You are responsible for all Rewards Credits granted to Customers. To the fullest extent permitted by law, our liability for Rewards is excluded.  

Our rights:  Any and all intellectual property in or in respect of Rewards are, and will continue to be, owned by Deliveroo. Except as granted in these Terms, we do not grant you any rights in or to such intellectual property.

Last updated: 31 May 2022

General Marketer Terms

By using the Marketer platform and/or agreeing to launch any of the offers, adverts or other features that Deliveroo makes available to you via the Marketer platform (each a Marketer Tool) you agree to these terms and conditions (Terms), which comprise the following documents. If there is conflict or ambiguity between the terms of the documents listed below a term contained in a document higher on the list shall take precedence over one contained in a document lower in the list, unless expressly stated otherwise:

a.     the applicable Special Terms for the Marketer Tool you are using;

b.     these General Marketer Terms;

c.     your services agreement with us (Services Agreement), which applies only to the extent relevant to your use of Marketer Tools (including in particular confidentiality obligations, governing law and jurisdiction); and

d.     any additional documentation referenced in the Special Terms, General Marketer Terms or Services Agreement.

In the Terms:

-         you and your means the person that has entered into the Services Agreement with us, and

-         we, us, and our means the Deliveroo party to that Services Agreement; and

-         capitalised terms not otherwise defined have the meaning given in the Services Agreement.

We may change these Terms or the features and availability of the Marketer Tools from time to time, so please ensure you review all information provided about the relevant Marketer Tool each time you use the Marketer platform. We will endeavour to ensure such changes do not materially adversely affect a Marketer Tool live at that time, but reserve the right to do so on reasonable advance notice or if required by law or to avoid harm to Deliveroo’s business, reputation, Customers or partners.

The service we provide: We will endeavour to make the Marketer Tools available to you in all material respects in accordance with these Terms.

Marketer Platform access: (Effective from 30 June 2022)

Your access to adverts and offers through the Marketer platform is subject to the following terms:

1. Access to Marketer Platform/Tool: Subject to the rest of the Terms, three days before the first day of each calendar month (Review Date)*, an automatic review of each of your site(s)’ performance (other than those sites that are exempt in accordance with paragraph 3, below) against the list of ”Eligibility Criteria” set out below will be generated for the 28 days immediately preceding (but not including) the Review Date (Review Period).

*For example, if Wednesday is the 1st of June 2022, we would run the assessment on the Sunday before (being the 29th of May 2022).

Eligibility Criteria List:

Eligibility Criterion we assess (based on metrics for the previous 28 days)**

Average rejection rate

Orders Prepared Late  (Wait time past target >5min (Core ONLY))

Marketplace+ customer experience (Marketplace+ ONLY)

Restaurant rating

FSA rating (UK only)

“Grey Column” (Adverts/Offers gating criteria) (TEMPORARY SUSPENSION APPLIES)

Average rejection rate is: >=8%

Orders Prepared Late  (Wait time past target >5min (Core ONLY)) is: >=22%

Marketplace+ customer experience (Marketplace+ ONLY) is: >=2.5%

Restaurant rating is: <3.8

FSA rating (UK only) is: 3, PASS (Scotland), Awaiting Inspection, Exempt

“Red Column” (ACCESS GRANTED)

Average rejection rate is: >= 1%

Orders Prepared Late  (Wait time past target >5min (Core ONLY)) is: > =10%

Marketplace+ customer experience (Marketplace+ ONLY) is: >=1.0%, <2.5%

Restaurant rating is: < 4.0

FSA rating (UK only) is: < 3

“Amber Column” (ACCESS GRANTED)

Average rejection rate is: >=0.5, < 1%

Orders Prepared Late  (Wait time past target >5min (Core ONLY)) is: >=3%, < 10%

Marketplace+ customer experience (Marketplace+ ONLY) is: >=0.1%, <1.0%

Restaurant rating is: >=4.0, < 4.5

FSA rating (UK only) is: >=3, <4

“Green Column” (ACCESS GRANTED)

Average rejection rate is: < 0.5%

Orders Prepared Late  (Wait time past target >5min (Core ONLY)) is: < 3%

Marketplace+ customer experience (Marketplace+ ONLY) is: <0.1%

Restaurant rating is: >= 4.5

FSA rating (UK only) is: >= 4

**You can also monitor your site(s)’ performance against these Eligibility Criteria through the Restaurant Hub, except for the  Marketplace+ criterion which is not yet available.

1. Performance Rating: Performance rating will be assessed on a site-by-site basis.  Subject to paragraph 3 below, if your rating at a site against one or more applicable Eligibility Criterion during the relevant Review Period falls into the grey column (see above), your access to the Marketer platform in respect of that site will be suspended (Suspended Site) with effect from the first day of the following calendar month until you qualify again for access in accordance with paragraph 4 below (Suspension Period).

For example, if your Review Date is on 29th May and your restaurant rating (Eligibility Criterion n.4) scores less than 3.8 for the relevant Review Period, such Eligibility Criterion will be in the grey column and your access to the adverts and offers Marketer Tools will be suspended. Such Suspension Period will commence on (and include) the 1st of June and will continue until all your Eligibility Criteria (as applicable) scores are out of the grey “temporary suspension”  zone.

1. Exemptions: A site’s performance will not lead to its suspension, notwithstanding its ratings, if that site:

1. signed-up to the Deliveroo Platform for the first time during the Review Period under consideration; or

1. received fewer than twenty (20) Orders on the Deliveroo Platform during the Review Period under consideration.

In which case you will continue to have access to the Marketer platform without interruption in respect of those Sites.

1. Getting access back: If your access has been suspended in accordance with the above, we will continue to assess your performance on a monthly basis at site level against the applicable Eligibility Criteria. If your rating at a Suspended Site against all applicable Eligibility Criteria moves back into the green, amber or red columns during a subsequent Review Period, your suspension will be lifted and you will regain access to the Marketer platform in respect of that site effective from the first day of the calendar month immediately following the relevant Review Date at which we identified your improved performance rating.

For example, if your Suspension Period for a Suspended Site started on 1st of June but on the subsequent Review Date, i.e. 28 June all of the Suspended Site’s Eligibility Criteria metrics are out of the grey column, the Suspension Period will come to an end at 23:59 on 30 June and you will have access again to Adverts and Offers through the Marketer platform from and including 12:00am on 1st of July. 

1. What suspension means: The effect of suspension is as follows:

1. We shall notify you in the Hub of your suspension, listing all Suspended Sites, the day after the relevant Review Date (which is two days before your access Adverts and Offers through the Marketer platform will be suspended);
2. You will be able to review the Suspended Site(s)’ operational performance for any Review Period (including during the Suspension Period) in the Restaurant Hub;
3. You will be unable to create new adverts or offers in respect of Suspended Site(s) during the Suspension Period;
4. Existing adverts and offers will be paused during the Suspension Period if all sites for those adverts or offers become ineligible;
5. If you operate multiple sites and access to adverts and offers through the Marketer platform is suspended in accordance with the above for one or more (but not all) of those sites, only existing adverts and offer campaigns for Suspended Sites will be paused during their relevant Suspension Periods. In this context, the committed budget over all sites for existing advert or offer campaigns during a Suspension Period will be fully allocated to those sites that have not entered a Suspension Period.
6. You can cancel a paused advert or offer campaign at anytime during a Suspension Period (as set out in these Terms);
7. If the end date of an existing advert or offer campaign falls during a Suspension Period, that campaign will be paused in accordance with these Terms and will then be automatically cancelled on the end date;
8. The committed budget on existing advert campaigns of a Suspended Site will not be used until the site’s Suspension Period ends, at which point deductions will start again;
9. Discounts applicable to existing offer campaigns of a Suspended Site will not be applied until the site’s Suspension Period ends, at which point discounts will start again.

1. End of Suspension Period: The effect of your suspension being lifted in respect of a Suspended Site is as follows:

1. We shall notify you in the Hub once you have regained access in respect of a Suspended Site;
2. On the first day of the calendar month following the relevant Review Date, existing adverts and offer campaigns will resume in accordance with these Terms unless these campaigns expired or were terminated during the Suspension Period;

1. You will be able to create new adverts and offer campaigns in respect of that site for as long as they remain eligible in accordance with these Terms.

1. Please follow this link for more guidance on the eligibility process: https://help.deliveroo.com/en/articles/6302687-how-to-get-access-to-marketer-adverts-offers

1. You can contact us if you have any questions or complaints in relation to a suspension or lifting of suspension. Please see this website for our contact details: https://help.deliveroo.com/en/collections/1873159-contact-us

1. We reserve the right to amend the Eligibility Criteria, the thresholds, and/or the terms of your access to the Marketer platform from time to time on reasonable advance notice or if required by law or to avoid harm to Deliveroo’s business, reputation, Customers or partners.

Marketer Tool selection: It is your responsibility to select the correct options when setting up Marketer Tools. Not all Marketer Tools are available to all partners or in all countries. The Marketer platform will display the Marketer Tools that are available to you, and the applicable fees.  Marketer Tools that may be available include:

Offers: offering discounts to customers ordering from your sites via the Platform; and

Adverts: placement of your site within our ‘Featured Carousel’ on the Platform.

Marketer Platform access: If you are eligible for access in accordance with these Terms, the Marketer platform is accessed through Restaurant Hub. Deliveroo has taken steps to limit access to the Marketer platform from Restaurant Hub to users listed as a ‘Manager’ or “Admin” within Restaurant Hub. It is your responsibility to ensure that only appropriate users hold ‘Manager’ or “Admin” status and that you and all users keep login credentials safe.

Marketer Tool period: Subject to availability, the Marketer Tool you have selected will be live from the start date and time until the earlier of:

(i) the end date and time you select;

(ii) the date on which you notify us of your wish to cancel your advert; and

(iii) when your total budget is used up,

in each case depending on the options selected by you in the Marketing Tool in relation to the renewal of your budget, and furthermore in each case unless terminated or suspended earlier in line with these Terms.

Start and end dates and times refer to the timezone in which the site is located.

Which Customers will your Marketer Tools be made available to:  When creating a Marketer Tool, you may be able to select Customer eligibility criteria from a range of options. Deliveroo will try to ensure your Marketer Tool is only available to your selected audience, however we can’t guarantee that Customers that don’t meet the selected criteria will not be included and will not be responsible to you for any cost or loss you incur if ineligible Customers participate.  

Changes or cancellations:  You may cancel a Marketer Tool at any time without penalty. To change the terms of a live Marketer Tool, you must cancel it and set up a new Marketer Tool with revised terms. 

Use of Marketer Tools: You must act in good faith, follow good industry practice and comply with Deliveroo’s policies from time to time when using the Marketer Tools.  You must not do or omit to do anything when using the Marketer Tools that is likely to lead to harm to Deliveroo’s business, reputation, partners or Customers. Your use of any Marketer Tools must be compliant with all applicable laws in force from time to time in the locations in which your Marketer Tool is used. Any abusive or misleading use of the Marketer Tools, for example increasing your prices prior to an Offer, may result in your suspension from the Marketer platform and/or the Deliveroo Platform.

Charges and invoicing: You are responsible for: (i) the cost of any offers or promotions you offer to Customers using a Marketer Tool; and (ii) applicable fees for the Marketer Tool (Marketer Charges). Unless stated otherwise on the Marketer platform, fees for Marketer Tools are stated exclusive of VAT/GST or other applicable sales tax (if any). Marketer Charges will be deducted from the amounts payable to you under your Services Agreement and will show as an adjustment on your invoice. 

Availability and performance: Deliveroo makes no warranty or representation about the availability or effectiveness of any Marketer Tool. Marketer Tools are provided “as is” and “as available” and all express and implied conditions, warranties and other terms about the availability or performance of a Marketer Tool are excluded as far as permitted by law.

Liability for Marketer Tools: You are responsible for all Marketer Tools created using your access rights to the Marketer platform. To the fullest extent permitted by law, our liability for Marketer Tools is limited to an amount equal to the fees paid for the specific use of the Marketer Tool to which the cause of action relates. 

Our rights: Any and all intellectual property in the Marketer Platform and any Marketer Tool are, and will continue to be, owned by Deliveroo. Except as granted in these Terms, we do not grant you any rights in or to such intellectual property.

Termination and/or suspension of access: If we believe that your use of a Marketer Tool is or may be in breach of applicable law or these Terms we reserve the right to immediately: (i) suspend or terminate the Marketer Tool; (ii) restrict, suspend or terminate your access to the Marketer platform and Marketer Tools; (iii) suspend you from the Platform; (iv) terminate the Services Agreement; and/or (v) take such other action as Deliveroo deems reasonable in the circumstances.

Marketer Tool - Special Terms

If you are launching an Offer:

The Offer: You can select the value and nature of your Offer from a range of options, which may vary from time to time.

●      Where an Offer reduces the total basket value (e.g. a percentage or fixed sum discount), those discounts will be applied to the subtotal of the items in the Customer’s basket (excluding delivery, service and small order fees and any tips) before any tax is applied. 

●      Where an Offer removes or reduces fees that would otherwise be payable by the Customer, this will be applied prior to the Customer completing their Order. Please note that Customer fees vary between Orders depending on a number of different factors.

How the Offer will be funded: Unless we agree otherwise, you will cover the cost of all Offers redeemed by customers. If an Offer reduces the total basket value, your service fee will be calculated on the discounted price paid by the Customer. If we agree to fund an Offer, your service fee will be calculated on the undiscounted price. 

Customer Refunds: If a Customer is eligible for a refund in respect of an Order made under an Offer, the Customer will be refunded the discounted amount they paid for the Order. Responsibility for refunds will be determined in accordance with the terms of our Services Agreement.   

Reference price restrictions: You may not create an Offer discounting total Order basket value if in the 30 days before the Offer goes live, you increase the prices of Menu Items that are included in the Offer by more than 5%. For 30 days after the Offer finishes, you may not increase the price of a Menu Item that was included in that Offer by more than 5%. These restrictions apply without prejudice to any more stringent requirements under applicable law. 

Other information:  Further information governing how an Offer is managed are set out in the FAQs and associated help centre articles.

How the Advert will be funded:  You’ll pay for the number of clicks your Advert receives, with each click costing :

1. if you have selected the manual bidding option in the Restaurant Hub, the cost-per-menu-view you select when you created your Advert; or
2. if you have selected for your bids to be set automatically in the Restaurant Hub, the cost-per-menu-view set for you in accordance with the auto-bidding terms set out below.
   
   If you select to have your campaign run continually, during the first week of the campaign, the budget you decide to allocate will be pro-rated, depending on when during the calendar week you created the campaign. E.g. If you allocate a continuous budget of £700 and create your campaign on Thursday, your pro-rated budget for the first week of your campaign will be £400 (regardless of the hour you created your campaign), as there are 4 out of 7 days of the week remaining. For future weeks, your budget will be £700.

Your Advert will end at the earlier of:

(i) when your total budget is used up; and

(ii) either:

(A) at 23:59 on your end date (if you opt for one-off budgets); or

(B) the date on which you notify us that you wish to cancel your Advert; or

(C) the date on which your access to the Marketer Tool is terminated or suspended in accordance with these Terms,(as applicable).

In addition to the above, if you select to have your campaign run continually, then your Advert will start again on the following Monday, unless the Advert is cancelled by you or your access to the Marketer Tool is terminated or suspended in accordance with these Terms.

 Automatic bidding: By selecting this option, you authorise us to set your cost-per-menu-view on your behalf. This Functionality is optional and you can switch it on and off at any time you please. Your budget will never be exceeded.

If you decide to switch back to setting your bid manually, you will need to cancel your then existing advert campaign and will need to re-create a new campaign but with manual bidding.  

Other information:  Further information governing how an Advert is managed are set out in the FAQs and associated help centre articles.