These terms (Terms of Use) govern your use of the Delivery Hero Pty Ltd (Delivery Hero) website, including online ordering. References to the "website" includes http://www.deliveryhero.com.au or any other site, services (including web services), software, applications or media managed by Delivery Hero. Your use of the Delivery Hero website constitutes your acceptance of these Terms of Use. In using the website you affirm that you are 18 years or older, or possess legal parental or guardian consent, and are fully able and competent to give the undertakings set out in these Terms of Use, and to abide by and comply with these Terms of Use.
If you do not agree with the Terms of Use, do not use the website or order online.
Delivery Hero provides the following services through our website and apps:
1 the ability to order food or beverages for pick up or home delivery from participating local restaurants (Participating Restaurants);
2 the ability to read reviews about the food and beverages offered by participating local restaurants;
3 the ability to post your own reviews about your experience in ordering food or beverages from Participating Restaurants.
The Delivery Hero website may include content, information or links to third parties or third party websites such as menus of local restaurants, photos and reviews of their food.
Delivery Hero has not verified the accuracy of the content or information obtained from third parties and posted on its website, such as our Participating Restaurants. Delivery Hero makes no warranties about information provided by third parties or hosted on third party websites with the exception of the Price Guarantee which relates to Delivery Hero refunding you the difference between the listed delivery menu item(s) price on the website and the price from ordering the same delivered item(s) directly from the Participating Restaurants if the price listed on the website is higher. The total refund amount under this Price Guarantee is capped at a maximum of AUD$50 per order. The Price Guarantee can be claimed by providing valid proof of the price difference within 7 days of the original order that was placed. Example of valid proof includes sending Delivery Hero a current valid menu from the Participating Restaurants that lists the lower price. In this case, the lower price cannot be associated with specials or vouchers or errors in the menu by the Participating Restaurants.
Delivery Hero does not charge the users of its website for ordering food online. However in addition to the value of the chosen dishes some Restaurants may have a minimum order value or a delivery fee that may vary between different suburbs. These fees and restrictions are not extra fees or restrictions from Delivery Hero. They are conditions set up from our Partnering Restaurants for their home delivery business and are not under the influence of Delivery Hero.
Nor does Delivery Hero endorse any content provided by third parties or posted on third party websites. That information and those links may be used by you at your own risk. Whilst we hope that you will have a good experience ordering food or beverages through our website or apps, Delivery Hero does not warrant that any food or beverages supplied by Participating Restaurants is safe and fit for consumption.
By accepting these Terms of Use you agree to relieve Delivery Hero from any liability whatsoever arising from your use of information from a third party, or your use of any third party website, or your consumption of any food or beverages from a Participating Restaurant.
Delivery Hero recommends that before you use a third party website, that you read and accept the privacy policy and terms and conditions of use (if any) which apply to that website.
If you use the online ordering features of the website, then:
1 you must only use the website if you are 18 years or older, or otherwise under the supervision of an adult or guardian;
2 you agree to accept full responsibility for all your activities on our website and online ordering; and
3 you are solely responsible for maintaining the confidentiality of your personal details, password and payment details.
Delivery Hero reserves the right to refuse service, terminate, your access to the website, or online ordering, remove or edit any content or cancel your orders in its sole discretion and without notice to you.
In the event of dispute or chargeback regarding online payment, you should contact Delivery Hero directly to resolve the dispute and not the restaurant.
Delivery Hero provides its permission for you to access its website in accordance with these Terms of Use provided that you:
1 only use the website for your personal use;
2 do not copy, distribute or publish any part of the website other than as may be reasonably necessary to use the website for its intended purpose;
3 do not to use or launch any automated system or program in connection with the Delivery Hero website or its online ordering functionality;
4 do not to collect or harvest any personally identifiable information from the website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the Website;
5 you comply with the other provisions set out in these Terms of Use.
Delivery Hero do not warrant that your use of the online ordering service or website will be uninterrupted and we do not warrant that any information (or communication) transmitted via the online ordering service or website will be transmitted reliably, accurately, in a timely manner or at all. The website and app, as well as the online ordering services, provided by Delivery Hero are provided on an "as is" basis and may be subject to delay or downtime.
Delivery Hero do not give warrant that the online ordering service or website is free from viruses or anything else which may have a harmful effect on any technology.
Additionally, whilst Delivery Hero will try to allow uninterrupted access to the online ordering service or website, access to the online ordering service or website may be suspended, restricted or terminated at any time.
All prices are in Australian Dollars. Except where indicated, prices include GST (Australian Goods and Services Tax)
Delivery Hero reserves the right to substitute, change, suspend, modify or remove without notice any information or service on the website or forming part of the online ordering service from time to time. Your access to the online ordering service and/or website may also be occasionally restricted to allow for repairs, maintenance or the introduction of new services.
Delivery Hero will endeavour to restore such access as soon as practicable. Delivery Hero assumes no responsibility for functionality which is dependent on your browser or other third party software to operate (including, without limitation, RSS feeds). Delivery Hero may also withdraw any information from the online ordering service or website at any time.
Delivery Hero reserves the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of this Terms of Use.
When you are visiting our website, we may eventually store so called “cookies” on your computer to offer you a better functionality. These cookies contain pieces of information that help us remember you as our customer including information from your previous orders. The use of cookies is industry standard and they are common at almost every internet shop or website.
You must register with Delivery Hero and open an account with us if you want to use the online ordering facility provided through the website or apps. This is so that we can provide you with easy access to view your order, view your past purchases and modify your preferences.
Delivery Hero reserves the right to decline a new registration or to cancel an existing registration at any time.
To register you need to input on the website personal information which may include your name, delivery address, contact details, payment details and other personal information that may be offered on the site from time to time. The Privacy Policy sets out how we will handle your personal information.
When you have successfully registered with Delivery Hero, you will either be asked to enter a user defined password at time of creation or automatically be allocated a password for your account.
It is your responsibility to keep the password confidential and immediately notify us if you suspect any unauthorised use of your email address or any breach of security, or if any authorised third party becomes aware of that password. You agree that if you disclose to any person your user name or password, they are authorised to act as your agent for the purposes of using (and/or transacting via) on the website. You are entirely responsible if you do not maintain the confidentiality of your password and Delivery Hero is not liable to you if another person orders food or beverages on your behalf after stealing your password.
Delivery Hero requires that all accounts must be registered with a regularly accessed, valid personal email address, so that we can communicate with you. We reserve the right to close without notice, any accounts which have been registered with someone else's email address or with temporary email addresses. Users may be required to re-validate their accounts if we believe they have been using an invalid email address.
If any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if a non-Australian user pretends to be a user, or disrupts the website in any way, we reserve the right to close their account(s).
Delivery Hero may enable users of the website, its applications or any software now or in the future to submit written works, photos, or videos (User Submissions) or host, share or publish User Submissions. All User Submissions once submitted to our website or through social media managed by Delivery Hero become the property of Delivery Hero. Delivery Hero reserves the right not to post the User Submissions to its website or to change the User Submissions in any way it sees fit.
You agree that Delivery Hero may publish your name and submissions on the website, Delivery Hero's social media or in any other media. You also agree that Delivery Hero does not guarantee the confidentiality of any User Submissions whether or not they are published on the website, its applications or other software. You agree that Delivery Hero does not endorse any User Submission and disclaims all liability in connection with a User Submission.
You agree not to submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Delivery Hero all of the licence rights granted herein. You agree not to submit information which is false or misleading, unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be consider a criminal offence. You agree not to use the website to post advertisements or solicitations of business without our prior written consent. You agree that you will not impersonate another person when using the website.
In connection with your own User Submissions, you represent and warrant that you own or have the necessary licences, consents and permissions to use and authorise Delivery Hero to use all patent, trade mark, trade secrets, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the website and these Terms of Use.
You also warrant that you have the consent of each and every identifiable person in the User Submission to use the name or likeness of each and every identifiable person to enable inclusion and the use of the User Submissions in the manner contemplated by the User Submissions become the property of Delivery Hero. By submitting the User Submissions to Delivery Hero, you hereby grant Delivery Hero a perpetual, worldwide, royalty free, transferable licence to use, reproduce, distribute, prepare derivative works of, display and perform the User Submissions in connection with the website and Delivery Hero's business, including without limitation for promoting and redistributing all or part of the website (including derivative works) in any media formats and through any media channels. You also hereby grant each recipient of any User Submission a non-exclusive licence to access your User Submissions through the website and to use, reproduce, distribute, prepare derivative works of, display and perform use User Submissions as permitted through the website under this Terms of Use.
Delivery Hero does not permit copyright infringing activities and infringement of intellectual property rights on its website. Delivery Hero will block and remove all content and User Submissions if properly notified that such content or User Submissions infringes another person's intellectual property rights. Delivery Hero reserves the right to remove content and User Submissions without prior notice.
Delivery Hero also reserves the right to terminate, without notice, a user's access to its website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of activity which infringe these Terms of Use on one previous occasion and/or has had a User Submission removed from the website.
All of the content of the website, including all text, software, scripts, flash files, java script, graphics, photos, sounds, music, videos, interactive features and the like, but other than the User Submissions, (Content) and the trade marks, service marks and logos contained therein (Marks) are owned or licensed to Delivery Hero. Their use is subject to copyright and other intellectual property rights under Australian laws and international conventions.
You shall not, and shall not attempt to, obtain any title to any of the Content or Marks. You agree not to engage in the use, copying, or distribution of any of the Content or Marks other than expressly permitted in these Terms of Use including, without limitation, using, copying, distributing, displaying, reproducing or transmitting in any form or by any means without the prior written consent of Delivery Hero.
You may retrieve and display the content of the website on a computer screen (including any tablet or smartphone device), store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise copy, reproduce, modify or distribute or use for commercial purposes any of the materials or content on the Website or accessed as part of the service without our permission.
If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
Delivery Hero reserves all rights not expressly granted in and to the website and the Content and Marks.
All rights (including goodwill and, where relevant, trade marks) in the Delivery Hero name are owned by us or licensed to us. Other product and company names mentioned on the Website are the trade marks or registered trade marks of third parties.
Title, ownership rights and intellectual property rights in and to the content accessed using the services provided by Delivery Hero is the property of the applicable content owner or restaurant and may be protected by applicable copyright or other law. Subject to the limited rights described above, this Terms of Use gives you no rights to such content.
Delivery Hero consents to operators of publicly available search engines, such as Google and Yahoo!, to use software applications, such as spiders, to copy materials from the website solely for the purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Delivery Hero reserves the right to withdraw that consent in full or in part at any time.
You agree to indemnify Delivery Hero, its related bodies corporate, affiliates, and the officers, directors, employees and agents of those entities, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expense (including but not limited to legal fees) arising from: (1) your use of and access of the website; (2) your violation of any term of these Terms of Use; and (3) your violation of any third party right including, without limitation, any copyright, property, or privacy right; and (4) any claim that one of your User Submissions caused damage to a third party.
To the maximum extent permitted by law, the liability of Delivery Hero to you for any losses arising in relation to these Terms of Use or the use of our website or apps as a result of our breach of these Terms of Use or our negligence shall not exceed $50. Delivery Hero is not liable for any consequential losses, special losses, or indirect losses arising from your use of its services, website or apps.
Delivery Hero is not responsible for any photographical or typographical errors in relation to any detail or description of a particular restaurant. Delivery Hero takes no responsibility for any bad experiences or bad food at any of the restaurants you dine from. Since Delivery Hero does not have and never will have any contractual involvement in your orders or other dealings with the Participating Restaurant, Delivery Hero is not required to involve itself in the resolution of any dispute that arises between you and any Participating Restaurant.
Delivery Hero disclaims any liability for the acts, errors or omissions of any third party users, advertisers or sponsors on the Delivery Hero site. Delivery Hero is not responsible for the products, services, actions, errors or omissions of any product or service provided by any third party, such as a Participating Restaurant, in relation to the Delivery Hero site.
Delivery Hero may, in its discretion and subject to law, amend or otherwise modify the Terms of Use from time to time. Delivery Hero recommends that you carefully read, each time you visit the website, the Terms of Use as they may affect your rights.
Delivery Hero may from time to time offer vouchers, promotions or gift cards to its members free of charge or for value. Delivery Hero may from time to time permit Participating Restaurants to offer their own vouchers or promotions for use in conjunction with ordering their food or beverages.
Any vouchers, promotions or gift cards offered through the website or the app cannot be redeemed or refunded for cash with Delivery Hero or use beyond their respective expiry dates.
You are solely responsible for the security of any vouchers, promotions or gift cards that you open through using the website or the app. Delivery Hero is not responsible for any loss or damage to those vouchers, promotions or gift cards and does not have any obligation to replace them.
Delivery Hero has no obligation to redeem any vouchers, promotions or gift cards which appear in its sole opinion to have been tampered with or forged.
These Terms of Use are governed by the laws of New South Wales and the Commonwealth of Australia. Any claim or dispute between you and Delivery Hero will be exclusively decided by a court of competent jurisdiction located in Sydney, New South Wales, Australia.
These Terms of Use, together with the Delivery Hero Privacy Policy and Spam Policy, as well as any other legal notices published on the Delivery Hero website, constitute the entire agreement between you and Delivery Hero concerning the website and the services.
If any provisions of these Terms of Use or Privacy Policy or Spam Policy are deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provision of these Terms of Use or the applicable policy, which will remain in full force and effect. No waiver of any term of these Terms of Use will be deemed a further or continuing waiver of such term or any other term, and the failure by Delivery Hero to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
The services provided by Delivery Hero and use of the website and apps, as well as making of any purchase of food or beverages through the website or apps, does not include the provision of a computer or other necessary equipment you might need to access the website or the service or to make any purchase of food or beverages.
To use the website or to make a purchase of food or beverages, you will require internet connectivity and appropriate telecommunication links. Delivery Hero is not liable for any telephone costs, telecommunications costs or other costs that you may incur or for any technical malfunction to the computer equipment or phones that you use.
The relevant Participating Restaurant, and not Delivery Hero, who supplies you with food or beverages is solely responsible for supplying you with the ordered food or beverages, the quality of that food or beverages, and for redeeming any promotional voucher you purchase from Delivery Hero or are gifted to you.
Delivery Hero takes no responsibility for the service of any alcohol by Participating Restaurants or parties listed on its website.
Delivery Hero does not act as agent for the Participating Restaurants or third parties listed on the website or apps.
Nothing in these Terms of Use shall be construed to create a joint venture, partnership or agency relationship between you and Delivery Hero and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms of Use. Delivery Hero shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms of Use to any person.
Delivery Hero shall not be liable for any breach of our obligations under these Terms of Use if we are hindered or prevented from carrying out our obligations by any cause which is outside our reasonable control, including by fire, lightning, flood, extremely severe weather, lock-out, strike, labour dispute, act of God, riot, war, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
If any provision of these Terms of Use are held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
