Terms and conditions

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Delivery Service

Last updated: 11 November 2020

These terms

These terms apply to your access to and use of Delivery Service on www.deliveroo.ie and our mobile app (the Platform). This service is provided by Deliveroo or us (Deliveroo Ireland Limited company number 556923). Our registered address is The Stone Building, 15 Flemmings Place, Ballsbridge, Dublin 4.

By clicking “Accept” or by accepting a Delivery 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 the Delivery Service on these terms.
You agree to and will comply in full with these terms.
Your satisfactory completion of certain checks (including ID and food hygiene rating checks) required by Deliveroo from time to time is a condition of this contract coming into effect.

This forms a contract between you and Deliveroo, which commences on the later of the date of your acceptance and the date on which you have completed Deliveroo’s onboarding checks from time to time to Deliveroo’s satisfaction. 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 the Delivery Service after being notified of a change, you’re deemed to have accepted that change.

You can procure other services (e.g. Marketplace+, Table Service 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 our Delivery Service contact restaurants@deliveroo.ie. You may also find answers to your questions here.

If we need to contact you, we’ll do so via the email address you have provided to us.

What is Delivery Service

Through its Delivery Service, Deliveroo will provide you with a real-time ordering process that enables customers to place orders with you for delivery on the Platform in Ireland (Delivery Orders) from the site/s that you have chosen and we that have agreed to provide Delivery Services to (the Sites). We may agree to amend the Sites from time to time. Deliveroo will also provide Delivery Services and Customer Support Services for your Delivery Orders - see more on this below.

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

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

Delivery Service Fees

Your use of Delivery Service is subject to our applicable service fee from time to time. Our service fee is calculated as a percentage of GMV (inclusive of VAT) per order, plus VAT at the prevailing rate (Delivery Service Fee).

We will pay you an amount equal to the GMV for your Delivery Orders during the relevant payment period, less the Delivery Service Fee, less any relevant adjustments for refunds paid to customers during the relevant payment period.

You will receive payments from us in accordance with our payment terms applicable in the country you operate in from time to time. We’ll make this payment by electronic bank transfer to the bank account you have nominated. You must cooperate with us so that we can comply with our VAT accounting obligations.

What we will do

If you are new to Deliveroo, when you accept these terms we will onboard you onto our Platform (including, if applicable, providing the equipment to you - see below). You agree that we may subcontract part of the onboarding process.
We will, subject to our rights to suspend your use of Delivery Service under these terms, display your site/s and menu items on the Platform as available for Delivery Orders.
We will facilitate and implement a real-time ordering process which will enable customers to place and pay for Delivery Orders on the Platform.
Provide support services for customers to deal with complaints or enquiries relating to Delivery Orders (Customer Support Service) through a professionally manned contact centre at no further cost to you.
Procure the delivery of Delivery Orders from you to the customer (Delivery Services) using delivery riders authorised by Deliveroo to carry out the Delivery Services (Riders).

What you must do

You must:

Onboarding and set-up

Comply with our Food Hygiene and Safety Policy.
Provide all information, materials and assistance reasonably required by Deliveroo to onboard you to the Platform or launch Delivery Service for you. You must ensure that the information you provide to Deliveroo and customers in or in respect of your use of Delivery 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 Delivery Service (including any relevant allergen advice and applicable VAT amounts). You agree that

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

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

Display any Delivery Service signage provided by Deliveroo in accordance with our instructions.

Use of Delivery 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 in a Delivery Order during your opening hours, and accept and reject Delivery Service orders as appropriate. Each Delivery Order must meet the applicable minimum Delivery Order value from time to time - if it doesn’t, Deliveroo may charge customers an additional fee.
Ensure that Delivery Orders are prepared using all due skill, care and diligence in line with best practice in your industry.
Ensure that all Delivery Orders are packaged in a way that avoids tampering, minimises spillages, and maintains the order at an appropriate temperature.
Prepare Delivery Orders 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;

(d) are safely, securely and appropriately packaged at all times (including as reasonably required to withstand delivery); and

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

Take account of any information relating to customer allergies provided with the Delivery Order.
Ensure that Delivery Orders are available for collection by our Riders in a timely manner.
Ensure that the order number on the Delivery Order packaging corresponds with the order number provided by Deliveroo before the Delivery Order is handed over to the relevant Rider.
Provide each customer with an official receipt for their Delivery Order (and a VAT receipt, if applicable) if requested.

Service Standards

Use reasonable endeavours to reject less than 1% of Delivery Orders received through the Platform.
Use reasonable endeavours to ensure that Delivery Orders are available for collection by our Riders at the time communicated on the Platform and to keep Riders waiting for Delivery Orders for no longer than five minutes.
Use reasonable endeavours to ensure that no more than 1% of Delivery Orders contain errors.
You should be available for orders for 98% of your opening hours on the Platform.

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.
Without prejudice to your general obligation above, you warrant that you have not and will not do anything that breaches any applicable code and/or sanction relating to the prevention or prohibition of bribery, money laundering and similar activities. You must immediately notify Deliveroo if you become aware of any breach of this clause.
Without prejudice to your general obligation above, you shall comply, and procure that all of your employees, contractors, agents and representatives comply, with applicable anti-slavery laws, as relevant to your use of Delivery Service and your fulfilment of Delivery Orders. You must use reasonable endeavours on a continuing basis to ensure that no form of slavery is takes place in your supply chains.
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 Delivery 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 lease a Deliveroo device. The risk in the device passes from us to you upon installation. We retain title to the device at all times. 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. You must comply with our Equipment Policy.

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

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 for the sole purpose of using Delivery 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 Delivery 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 Delivery 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 Delivery Service. By using Delivery 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.

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 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.

Legal terms

SAVE AS SET OUT BELOW, 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 DELIVERY SERVICE, ORDERS PLACED BY CUSTOMERS USING DELIVERY SERVICE OR THESE TERMS.

Deliveroo will be responsible for customer claims that a Delivery Order has been spilled or crushed in the course of the Delivery Services or that it is not an appropriate temperature for consumption on delivery where the Delivery Services took more than 15 minutes (except where the Delivery Order wasn’t packaged in accordance with these terms).

Customers may be eligible for compensation in respect of a Delivery Order. Deliveroo will determine this in accordance with its Complaints Matrix from time to time. Refunds for which you are responsible under our Complaints Matrix will be deducted from our payment to you.

DELIVERY SERVICE IS OTHERWISE PROVIDED AS-IS. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO DELIVERY 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.

Each party shall not at any time during this agreement and for a period of two years after termination of this agreement, use or disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as necessary to perform its obligations or exercise its rights under these terms. A party may disclose the other’s confidential information if required by law, provided it notifies the other in advance where permitted.

These terms are the entire agreement between us in relation to Delivery 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. Neither of us will be in breach of these terms or liable for delay in performing, or failure to perform, any of its obligations under these terms if the delay or failure results from events, circumstances or causes beyond our reasonable control.

These terms are governed by the laws of Ireland. The courts of Ireland have exclusive jurisdiction in respect of any dispute or claim arising out of or in connection with these terms. If you wish to raise a dispute in connection with these terms you may do so in connection with our Support Policy.

Data protection

We will each comply with the following with respect to data protection.

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 the Delivery Service, including (a) any laws or regulations implementing EU Directives 95/46/EC (Data Protection Directive) or 2002/58/EC (ePrivacy Directive); and (b) the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) and all relevant Member State laws giving effect to or corresponding with the GDPR, in each case, as in force and applicable.

Protected Data Personal Data received from or on behalf of the Customer for the purposes of placing a Delivery 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.

2. USE OF PROTECTED DATA

We will give you the details of the customer’s Delivery 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 Delivery 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.

3. 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 these terms 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.

Marketplace+ Service

Last updated: 11 November 2020

These terms

These terms apply to your access to and use of Deliveroo’s Marketplace+ Service on www.deliveroo.co.ie and our mobile app (the Platform). This service is provided by Deliveroo or us (Deliveroo Ireland Limited Ltd company number 556923). Our registered address is The Stone Building, 15 Flemmings Place, Ballsbridge, Dublin.

By clicking “Accept” or by accepting a ‘Delivery’ 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 the Marketplace+ Service on these terms.
You agree to and will comply in full with these terms.
Your satisfactory completion of certain checks (including ID and food hygiene rating checks) required by Deliveroo from time to time is a condition of this contract coming into effect.

This forms a contract between you and Deliveroo, which commences on the later of the date of your acceptance and the date on which you have completed Deliveroo’s onboarding checks from time to time to Deliveroo’s satisfaction. 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 the Marketplace+ Service after being notified of a change, you’re deemed to have accepted that change.

You can procure other services (e.g. Delivery Service, Table Service 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 our Marketplace+ Service contact partners@deliveroo.ie. You may also find answers to your questions here.

If we need to contact you, we’ll do so via the email address you have provided to us.

What is Marketplace+ Service

Through its Marketplace+ Service, Deliveroo will provide you with an online ordering process that enables customers to place orders with you for delivery on the Platform in Ireland (Delivery Orders) from the site/s that you have chosen and we that have agreed to provide Marketplace+ Services to (the Sites). The Delivery Orders will be delivered by your own fleet of delivery riders (Riders). We may agree to amend the Sites from time to time. Deliveroo will also provide Customer Support Services for your Delivery Orders - see more on this below.

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

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

Marketplace+ Service Fees

Your use of Marketplace+ Service is subject to our applicable service fee from time to time. Our service fee is calculated as a percentage of GMV (inclusive of VAT) per order, plus VAT at the prevailing rate (Marketplace+ Service Fee).

We will pay you an amount equal to the GMV for your Delivery Orders during the relevant payment period, less the Marketplace+ Service Fee, less any relevant adjustments for refunds paid to customers during the relevant payment period.

What we will do

If you are new to Deliveroo, when you accept these terms we will onboard you onto our Platform (including, if applicable, providing the equipment to you - see below). You agree that we may subcontract part of the onboarding process.
We will, subject to our rights to suspend your use of Marketplace+ Service under these terms, display your site/s and menu items on the Platform as available for Delivery Orders.
We will facilitate and implement an online ordering process which will enable customers to place and pay for Delivery Orders on the Platform (Marketplace+ Services).
Provide support services for customers to deal with complaints or enquiries relating to Delivery Orders (Customer Support Service) through a professionally manned contact centre at no further cost to you.

What you must do

You must:

Onboarding and set-up

Comply with our Food Hygiene and Safety Policy.
Provide all information, materials and assistance reasonably required by Deliveroo to onboard you to the Platform or launch Marketplace+ Service for you. You must ensure that the information you provide to Deliveroo and customers in or in respect of your use of Marketplace+ 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 Marketplace+ Service (including any relevant allergen advice and applicable VAT amounts). You agree that

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

Display any Marketplace+ Service signage provided by Deliveroo in accordance with our instructions.
You are responsible for setting the fee that consumers pay for delivery and the delivery radius within which your riders will deliver Delivery Orders.

Use of Marketplace+ 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 in a Delivery Order during your opening hours, and accept and reject Marketplace+ Service orders as appropriate. You are responsible for setting the minimum Delivery Order value.
Ensure that Delivery Orders are prepared using all due skill, care and diligence in line with best practice in your industry.
Ensure that Delivery Orders are packaged in a way that avoids tampering, minimises spillages, and maintains the order at an appropriate temperature.
Prepare Delivery Orders 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;

(d) are safely, securely and appropriately packaged at all times (including as reasonably required to withstand delivery); and

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

Take account of any information relating to customer allergies provided with the Delivery Order.
Ensure that the order number on the Delivery Order packaging corresponds with the order number provided by Deliveroo before the Delivery Order is handed over to the relevant Rider.
Ensure that your Riders deliver the orders to the address specified in a professional manner.
Provide each customer with an official receipt for their Delivery Order (and a VAT receipt, if applicable) if requested.

Service Standards

Use reasonable endeavours to reject less than 1% of Delivery Orders received through the Platform.
Use reasonable endeavours to ensure that Delivery Orders are available for collection by your Riders at the time communicated on the Platform and to keep Riders waiting for Delivery Orders for no longer than five minutes.
Use reasonable endeavours to ensure that no more than 1% of Delivery Orders contain errors.
You should be available for orders for 98% of your opening hours on the Platform.

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.
Without prejudice to your general obligation above, you warrant that you have not and will not do anything that breaches any applicable code and/or sanction relating to the prevention or prohibition of bribery, money laundering and similar activities. You must immediately notify Deliveroo if you become aware of any breach of this clause.
Without prejudice to your general obligation above, you shall comply, and procure that all of your employees, contractors, agents and representatives comply, with applicable anti-slavery laws, as relevant to your use of Marketplace+ Service and your fulfilment and delivery of Delivery Orders. You must use reasonable endeavours on a continuing basis to ensure that no form of slavery is takes place in your supply chains.
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 Delivery 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 lease a Deliveroo device. The risk in the device passes from us to you upon installation. We retain title to the device at all times. 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. You must comply with our Equipment Policy.

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

Intellectual property

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 Marketplace+ Service at your sites. You must comply with any Deliveroo policy issued from time to time.

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 Marketplace+ Service. By using Marketplace+ 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.

Suspension and termination

Legal terms

SAVE AS SET OUT BELOW, 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 MARKETPLACE+ SERVICE, ORDERS PLACED BY CUSTOMERS USING MARKETPLACE+ SERVICE OR THESE TERMS.

MARKETPLACE+ SERVICE IS OTHERWISE PROVIDED AS-IS. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO MARKETPLACE+ 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 Marketplace+ 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.

Data protection

We will each comply with the following with respect to data protection.

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 the Marketplace+ Service, including (a) any laws or regulations implementing EU Directives 95/46/EC (Data Protection Directive) or 2002/58/EC (ePrivacy Directive); and (b) the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) and all relevant Member State laws giving effect to or corresponding with the GDPR, in each case, as in force and applicable.

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

2. USE OF PROTECTED DATA

We will give you the details of the customer’s Marketplace+ 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 Marketplace+ 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.

3. PROTECTED DATA OBLIGATIONS

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.

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

Pickup Service

Last updated: 11 November 2020

These terms

These terms apply to your access to and use of Pickup on www.deliveroo.ie and our mobile app (the Platform). Pickup is provided by Deliveroo or us (Deliveroo Ireland Limited, company number 556923). Our registered address is The Stone Building, 15 Flemmings Place, Ballsbridge, Dublin 4.

By clicking “Accept” or by accepting a Pickup 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 Pickup on these terms.
You agree to and will comply in full with these terms.
Your satisfactory completion of certain checks (including ID and food hygiene rating checks) required by Deliveroo from time to time is a condition of this contract coming into effect.

This forms a contract between you and Deliveroo, which commences on the later of the date of your acceptance and the date on which you have completed Deliveroo’s onboarding checks from time to time to Deliveroo’s satisfaction. 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 Pickup after being notified of a change, you’re deemed to have accepted that change.

You can procure other services (e.g. Delivery, Marketplace+ or Table Service) 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 Pickup contact restaurants@deliveroo.ie. You may also find answers to your questions here.

If we need to contact you, we’ll do so via the email address you have provided to us.

What is Pickup

Pickup allows customers to place an order on the Platform and pick it up from your site in Ireland (Pickup Orders). You can learn more about Pickup here.

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

Pickup Service Fee

Your use of Pickup is subject to our applicable service fee from time to time. Our service fee is calculated as a percentage of GMV (inclusive of VAT) per order, plus VAT at the prevailing rate (Pickup Service Fee).

We will pay you an amount equal to the GMV for your Pickup Orders during the relevant payment period, less the Pickup Service Fee, less any relevant adjustments for refunds paid to customers during the relevant payment period.

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 Pickup under these terms, display your site/s and menu items on the Platform as available for Pickup orders.
We will facilitate and implement a real-time ordering process which will enable customers to place and pay for Pickup orders on the Platform.
Provide support services for customers to deal with complaints or enquiries relating to Pickup Orders through a professionally manned contact centre at no further cost to you.

What you must do

You must:

Onboarding and set-up

Comply with our Food Hygiene and Safety Policy.
Provide all information, materials and assistance reasonably required by Deliveroo to onboard you to the Platform or launch Pickup for you. You must ensure that the information you provide to Deliveroo and customers in or in respect of your use of Pickup 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 Pickup (including any relevant allergen advice and applicable VAT 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 on the Platform should be the same as the prices for menu items published in your dine-in or in-store menu. 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 will refund the difference to the customer and deduct an amount equal to the refund from the payment we make to you.

Display any Pickup signage provided by Deliveroo in accordance with our instructions.

Use of Pickup

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 Pickup Orders as appropriate. You should not accept cash payment for Pickup Orders.
Ensure that Pickup Orders are prepared using all due skill, care and diligence in line with best practice in your industry.
Ensure that all Pickup Orders are packaged in a way that avoids tampering, minimises spillages, and maintains the order at an appropriate temperature.
Prepare Pickup Orders 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;

(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 Pickup order.
Ensure that Pickup Orders are available for collection by customers in a timely manner.
Ensure that the order number on the Pickup Order packaging corresponds with the order number provided by Deliveroo before the Pickup Order is handed over to the relevant Rider.
Provide each customer with an official receipt for their Pickup order (and a VAT receipt, if applicable) if requested.
Ensure that customers are at all times treated in a professional manner by staff and are provided with access to a safe pick up area.

Service Standards

Use reasonable endeavours to reject less than 1% of Pickup Orders received through the Platform.
Use reasonable endeavours to ensure that Pickup Orders are available for collection by customers at the time communicated on the Platform and keep customers waiting for Pickup Orders for no longer than five minutes.
Use reasonable endeavours to ensure that no more than 1% of Pickup Orders contain errors.
You should be available for orders for 98% of your opening hours on the Platform.

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.
Without prejudice to your general obligation above, you warrant that you have not and will not do anything that breaches any applicable code and/or sanction relating to the prevention or prohibition of bribery, money laundering and similar activities. You must immediately notify Deliveroo if you become aware of any breach of this clause.
Without prejudice to your general obligation above, you shall comply, and procure that all of your employees, contractors, agents and representatives comply, with applicable anti-slavery laws, as relevant to your use of Delivery Service and your fulfilment of Delivery Orders. You must use reasonable endeavours on a continuing basis to ensure that no form of slavery is takes place in your supply chains.
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 Pickup 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 lease a Deliveroo device. The risk in the device passes from us to you upon installation. We retain title to the device at all times. 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. You must comply with our Equipment Policy.

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

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 Pickup.

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 Pickup at your sites. You must comply with any Deliveroo policy issued from time to time.

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 Pickup. By using Pickup 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.

Suspension and termination

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 PICKUP, ORDERS PLACED BY CUSTOMERS USING PICKUP OR THESE TERMS.

Customers may be eligible for compensation in respect of a Pickup Order. Deliveroo will determine this in accordance with its Complaints Matrix from time to time. Refunds for which you are responsible under our Complaints Matrix will be deducted from our payment to you.

PICKUP IS PROVIDED AS-IS. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO PICKUP 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 Pickup. 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.

These terms are governed by the laws of Ireland. The courts of Ireland have exclusive jurisdiction in respect out of or in connection with these terms. If you wish to raise a dispute in connection with these terms you may do so in connection with our Support Policy.

Data protection

We will each comply with the following with respect to data protection.

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 Pickup, including (a) any laws or regulations implementing EU Directives 95/46/EC (Data Protection Directive) or 2002/58/EC (ePrivacy Directive); and (b) the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) and all relevant Member State laws giving effect to or corresponding with the GDPR, in each case, as in force and applicable.

Protected Data Personal Data received from or on behalf of the Customer for the purposes of placing a Pickup Order.

2. USE OF PROTECTED DATA

We will give you the details of the customer’s Pickup 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 Pickup 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.

3. PROTECTED DATA OBLIGATIONS

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.

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

Table Service

Last updated: 11 November 2020

These terms

These terms apply to your access to and use of Table Service on www.deliveroo.ie and our mobile app (the Platform). Table Service is provided by Deliveroo or us (Deliveroo Ireland Limited company number 556923). Our registered address is The Stone Building, 15 Flemmings Place, Ballsbridge, Dublin 4.

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.
Your satisfactory completion of certain checks (including ID and food hygiene rating checks) required by Deliveroo from time to time is a condition of this contract coming into effect.

This forms a contract between you and Deliveroo, which commences on the later of the date of your acceptance and the date on which you have completed Deliveroo’s onboarding checks from time to time to Deliveroo’s satisfaction. 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.ie. You may also find answers to your questions here.

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 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 GMV per order (plus VAT at the applicable rate). You must cooperate with us so that we can comply with our VAT 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 VAT), 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

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 VAT 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 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 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.
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 VAT 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 lease a Deliveroo device. The risk in the device passes from us to you upon installation. We retain title to the device at all times. 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 and suspension

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.

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 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 governed by the laws of Ireland. The courts of Ireland have exclusive jurisdiction 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, including (a) any laws or regulations implementing EU Directives 95/46/EC (Data Protection Directive) or 2002/58/EC (ePrivacy Directive); and (b) the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) and all relevant Member State laws giving effect to or corresponding with the GDPR, in each case, as in force and applicable.
“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.

2. 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.

3. 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.

Last updated: 11 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 Ireland Limited company number 556923). Our registered address is The Stone Building, 15 Flemmings Place, Ballsbridge, Dublin 4. 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-ie/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.ie and the Ireland 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 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
Only include products that we permit to be offered on the Deliveroo Platform in Ireland, 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:

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).
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 England and Wales. The courts of England and Wales have exclusive jurisdiction in respect out of or in connection with these terms.

Getting in touch

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

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:

The relevant clauses about the timing of the payment of the Fees are deemed replaced with the following.
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”)
A day shall be regarded as beginning at 00:00 UTC time and ending at 23:59 UTC time;
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.

Marketer Tool

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 (in order of precedence, unless expressly stated otherwise):

the applicable Special Terms for the Marketer Tool you are using;
these General Marketer Terms;
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
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 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: 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 to the earlier of: (i) the end date and time you select; and (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 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: (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 the cost-per-menu-view you select when you created your Advert. 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 EUR 700 and create your campaign on Thursday, your pro-rated budget for the first week of your campaign will be EUR 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 EUR 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.

Photography Service

Last updated: 23 August 2024

Photography Service Terms

These terms apply to your receipt and use of Photography Services and the Images produced as part of those services, and supplements your existing agreement with Deliveroo or us (Deliveroo Ireland Limited, company number 556923).

By clicking “Accept” or by agreeing to receive and use the Photography Services, you agree to comply in full with these terms.

In these terms, capitalised terms not otherwise defined have the meaning given in your existing services agreement with us.

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 continue to use the Photography Services and the Images produced as part of those services after being notified of a change, you’re deemed to have accepted that change.

Providing you with images

You may ask our team to arrange for photographs of your Menu Items to be taken by Smartshoot, a third party provider (the “Photographer”) for use on our platform only (the “Imagery”). If we agree to do so, you will be required to pay the fee set below or which we otherwise agree in writing (the “Imagery Fee”):

No. of Images: 15 | Imagery Fee (incl. taxes): €96
No. of Images: 25 | Imagery Fee (incl. taxes): €146
No. of Images: 30 | Imagery Fee (incl. taxes): €170
No. of Images: 40 | Imagery Fee (incl. taxes): €224
No. of Images: 50 | Imagery Fee (incl. taxes): €257
No. of Images: 60 | Imagery Fee (incl. taxes): €300
No. of Images: 70 | Imagery Fee (incl. taxes): €340
No. of Images: 80 | Imagery Fee (incl. taxes): €383
No. of Images: 90 | Imagery Fee (incl. taxes): €426
No. of Images: 100 | Imagery Fee (incl. taxes): €469
No. of Images: 125 | Imagery Fee (incl. taxes): €577

Each of the photography packages listed above contain 2 hero images.

Scheduling the photoshoot

The Photographer will attempt to contact you via phone and/or email to schedule the photoshoot. Unless otherwise agreed, you will lose your entitlement to the photoshoot if you have not scheduled a time and date for the photoshoot within 10 days of follow-up attempts to reach you being made. The time and location of the photoshoot must be agreed with your Photographer in writing in advance. You must tell the Photographer about any requirements they must comply with when at the location, and any unsafe areas and hidden dangers, prior to or immediately upon their arrival.

Preparing for the photoshoot

Before the photoshoot you shall obtain and maintain the required rights, permissions and/or releases in writing of any third party in respect of individuals, property or third party works and trademarks to appear in the Imagery, and you will: (i) provide us with copies of the same upon request; and (ii) indemnify us in respect of the same.

You must hold adequate and appropriate insurance coverage for the production of the Imagery at the location and in respect of your potential liability under this policy.

You must ensure items are ready to be photographed, in line with any instructions provided by your Photographer, 15 minutes before the Photographer’s scheduled arrival time.

During the photoshoot

The Photographer may bring personnel or assistants and equipment to the location at the time agreed between you and the Photographer for the purpose of providing the Imagery. You are responsible for the safety, wellbeing and security of the Photographer, and accompanying personnel, and their equipment while they are at the location during the photoshoot.

You are responsible for any and all loss, damage or injury suffered by the Photographer and their personnel (including without limitation damage to or loss of their equipment) when at the location, and you will indemnify the Photographer, their personnel and us (as applicable) in respect of the same.

Cancelling a photoshoot

Please contact the Photographer via email (partner-support@smartshoot.com) to reschedule or cancel your shoot ahead of time. If you need to change your photography package, please get in touch with your account manager via the Help section on Partner Hub.

You are responsible for the following cancellation fees:

If you cancel a photoshoot between 12 and 24 hours before its scheduled time you will be charged a cancellation fee of 50% of the Imagery Fee.
If you cancel a photoshoot less than 12 hours before its scheduled time you will be charged a cancellation fee of 100% of the Imagery Fee.

Cancellation fees will be deducted on your next Deliveroo invoice, appearing under the heading INVOICE_CORRECTION_DEBIT.

Using images

Subject to your compliance with these Photography Service Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the Imagery on the Platform in the Territory for the time of your Contract in exchange for the Imagery Fee.

We shall own all copyright and other intellectual property rights in the Imagery.

Subject to any amendments made by us to the Imagery, you are responsible for ensuring that the Imagery is an accurate representation and description of the Menu Items that you offer to customers on our Platform (including quality and quantity), and that the Menu Items you offer and provide to customers are and remain at all times consistent with the Imagery.

You must not:

use, or permit any third party to use, the Imagery other than as set out in these Photography Service Terms. For the avoidance of doubt this means you must not use the Imagery, or allow it to be used, on any platform that competes with Deliveroo;
adapt, edit or in any way alter the Imagery; or
use or do anything in connection with the Imagery which may bring us or you into disrepute.

We have complete discretion over how we use the Imagery and, without limitation, we reserve the right in our sole discretion to:

amend the Imagery;
use (including for other partners on our Platform), omit to use, withdraw, suspend or restrict the display of the Imagery on our Platform; and
object to your use of the Imagery at any time. If we do so, you shall remove the applicable Imagery immediately, or as soon as reasonably practicable and in any event within two days of our notification to you.

If you wish to use the Imagery for any other purpose, please get in touch with your account manager via the Help section on Partner Hub, where we will review your request. If we agree in writing to grant you additional usage rights, we will notify you of the licence terms that will apply to use of the Imagery.

Other

We have no liability to you 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 the Photography Services or these terms. Subject to the aforementioned exclusion of liability, to the fullest extent permitted by law, our liability for the Photography Services is limited to an amount equal to Imagery Fee paid by you.

If you wish to use your own imagery instead, please refer to the guidance available on the Help Centre, accessible from the Help section on Partner Hub.

If you have other questions about the Photography Service, you can ask them by contacting us through the Help section on Partner Hub.

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