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:
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 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:
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.
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.
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:
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.
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:
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.
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.
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.
If you have questions about Menu Manager, contact firstname.lastname@example.org. You may also find answers to your questions here.