Terms and conditions

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: 14 September 2020

These terms

These terms apply to your access to and use of Menu Manager, and supplement your existing agreement governing your use of the platform (the Agreement) with Deliveroo or us (Roofoods Consumer Delivery Gulf SPC (Kuwait), a company registered at the Ministry of Commerce and Industry in Kuwait with number: 398217). By clicking “Accept” you agree to use Menu Manager in line with these terms. 

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

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

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

What is Menu Manager

Menu Manager enables you to create and/or edit your own menu pages for the Deliveroo Platform (www.deliveroo.com.kw and the Kuwait 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 Kuwait 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 Kuwait, 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. The Kuwaiti courts will have jurisdiction over any claim arising from, or related to, these terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Kuwait.

Getting in touch

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

Last updated: 14 April 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 (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 Platform access:

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:
   
   a. signed-up to the Deliveroo Platform for the first time during the Review Period under consideration; or
   b. 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:
   a. 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);
   b. 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;
   c. You will be unable to create new adverts or offers in respect of Suspended Site(s) during the Suspension Period;
   d. Existing adverts and offers will be paused during the Suspension Period if all sites for those adverts or offers become ineligible, subject to any adverts and offers that have already been advertised to consumers or where the suspension or removal of those offers would not be reasonably practicable (‘Excluded Offers’). Excluded Offers may continue to be advertised during the advertised offer term;
   e. 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.
   f. You can cancel a paused advert or offer campaign at anytime during a Suspension Period (as set out in these Terms);
   g. 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;
   h. 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;
   i. 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.
2. End of Suspension Period: The effect of your suspension being lifted in respect of a Suspended Site is as follows:
   a. We shall notify you in the Hub once you have regained access in respect of a Suspended Site;
   b. 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;
   c. 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.
3. 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
4. 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
5. 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 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.

If you are launching an Advert:

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. 

Last updated: 16 November 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 5 Kuwaiti Dinar (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 3KD. The Reward Credit for non-Plus Customers is currently 2 Kuwaiti Dinar. The Reward Credit will be redeemable with the customer’s next order from you above 5 Kuwaiti Dinar. 

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: 23/08/2024

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 (Roofoods Consumer Delivery Gulf SPC (Kuwait), a company registered at the Ministry of Commerce and Industry in Kuwait with number: 398217). 

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 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) : $94
• No. of Images : 25 = Imagery Fee (incl. taxes) : $122
• No. of Images : 30 = Imagery Fee (incl. taxes) : $146
• No. of Images : 40 = Imagery Fee (incl. taxes) : $189
• No. of Images : 50 = Imagery Fee (incl. taxes) : $214
• No. of Images : 60 = Imagery Fee (incl. taxes) : $250
• No. of Images : 70 = Imagery Fee (incl. taxes) : $287
• No. of Images : 80 = Imagery Fee (incl. taxes) : $319
• No. of Images : 90 = Imagery Fee (incl. taxes) : $355
• No. of Images : 100 = Imagery Fee (incl. taxes) : $391
• No. of Images : 125 = Imagery Fee (incl. taxes) : $481

Each of the above photography packages includes 2 main images (hero image).

Currency: USD

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 Agreement 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.