Menulog Website Terms and Conditions
IMPORTANT LEGAL NOTICE
This page sets out the terms and conditions ("Website Terms") on which we, Menulog Pty Ltd (ACN 120 943 615) ("we", "us" or "Menulog"), provide our services through our website www.menulog.com.au and any Menulog mobile application through which you access our website or services (together, "Website"). Please read these Website Terms carefully before ordering any products through the Website, as your use of the Website and purchase of any products offered on the Website is subject to these Website Terms. By ordering products via the Website (whether now or in the future) or continuing to use the Website, you agree to be bound by these Website Terms.
We reserve the right to change these Website Terms from time to time by changing them on this page. We advise you to print a copy of these Website Terms for future reference. These Website Terms are only in the English language.
For the avoidance of doubt, please note that references to "Website" in these Website Terms include any current or future version of our website www.menulog.com.au and any Menulog mobile application through which you access our website or services, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing our website or services that may be developed from time to time).
By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any products through the Website.
I. TERMS AND CONDITIONS OF USE AND SALE
1. INTRODUCTION AND OUR ROLE
1.1. Company details: Menulog Pty Ltd (ACN 120 943 615) is a company registered in New South Wales, Australia at Level 34 & 35, Tower 3, 300 Barangaroo Avenue, Barangaroo 2000
1.2. Service: We provide a way for you to communicate your orders ("Orders") for products ("Products") to delivery or takeaway restaurants, stores and other businesses ("Businesses") displayed on the Website (the "Service").
2. WEBSITE ACCESS AND TERMS
2.1. Website access: You may access some areas of the Website without making an Order or registering your details with us. Most areas of the Website are open to everyone.
If you choose to register an account or when you place your first order, we will provide you with a user name and you will select a password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
2.2. Acceptance of terms: By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any Products through the Website.
2.3. Revision of terms: We may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms, because they are binding on you. You will be subject to the terms and conditions in force at the time that you place an Order through us.
2.4. Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.
3. YOUR STATUS
3.1. Capacity and age: By placing an Order through the Website, you warrant that:
3.1.1. You are legally capable of entering into binding contracts; and
3.1.2. You are at least 18 years old.
3.2. In relation to alcohol, tobacco products and other items with a legal age restriction (“Age Restricted Items”), you acknowledge and agree that:
3.2.1. it is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18;
3.2.2. Tobacco products are not for sale to persons under the age of 18;
3.2.3. The sale of certain other Age Restricted Items to minors is also prohibited; and
3.2.4. Orders containing Age Restricted Items can therefore not be accepted from or on behalf of persons under the age of 18. In the event that you place an order for Age Restricted Items, you will be required by the Business to show ID on delivery. For the avoidance of doubt, if your Order includes Age Restricted Items, the Business is providing you with these and Menulog is not selling Age Restricted Items to you. Menulog supports the Responsible Service of Alcohol.
4. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
4.1. Compiling your Order: Once you select the Products you wish to order from your chosen Business and provide other required information, you will be given the opportunity to submit your Order by clicking or selecting the "proceed", "place my order", "checkout" or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so we will process your Order and errors cannot be corrected. Where you have not logged in or created an account previously, then you may have the option to continue with your Order as a guest. By electing to complete your Order as a guest, you are agreeing that Menulog will create a temporary Menulog guest account for you which will, unless otherwise stated in these Website Terms, be accessible only (a) from the device which you use to place the Order; and (b) for a period of up to twenty-four months following the date of the Order. Your access to your temporary guest account will expire on the “Expiry Date” which shall be the earlier of (i) the date falling one year after the date on which you last accessed the temporary guest account; (ii) the date falling twenty-four months after the date on which the temporary guest account was created; and (iii) the date on which you logout of your temporary guest account, or clear the cache on the device which you used when the temporary guest account was created.
4.2. Minimum Order Amount: If a Business has a minimum order amount in place, you may not place an order with that Business until the value of your Order exceeds that amount. The minimum order amount must be met after applying any discounts or specials that reduce the total Order amount.
4.3. Amending or cancelling your Order: Once you submit your Order and your payment has been authorised, you will not be entitled to change or cancel your Order online (please refer to paragraph 4.4 for details of the process relating to rejected Orders). If you wish to change or cancel your Order, you may contact the Business directly or our Customer Care team as described in paragraph 6.3 and they will attempt to contact the Business in order to communicate your requests. However, there is no guarantee that we will be able to reach the Business or that the Business will agree to your requests as they may have already started to process your Order.
4.4. Payment authorisation: Where any payment you make is not authorised, your Order will not be processed by or communicated to the relevant Business.
4.5. Processing your Order and Business rejections: On receipt of your Order, we will begin processing it by sending it to the relevant Business and will notify you by email that your Order has been received and is being processed. Any confirmation page that you may see on the Website and any Order confirmation e-mail that you may receive each merely indicate that your Order has been received and is being processed by us, and does not necessarily mean that your Order has been accepted by the Business. Businesses have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. We encourage all our Businesses to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Business rejects your Order. When a Business confirms receipt of the order and expected collection or delivery time, we will send you an SMS confirmation (provided that you have given us your mobile telephone number).
4.6. Delivery of your Order: Estimated times for deliveries and collections are provided by the Businesses and are only estimates. Neither we nor the Businesses guarantee that Orders will be delivered or will be available for collection within the estimated times. To the extent permitted by law, including the Australian Consumer Law, Menulog accepts no liability associated with the Products contained within an Order or delivery of Products by the Business accepting the Order. To be clear, these are the responsibility of the relevant Business that you place your Order with, not Menulog.
5. PRICE AND PAYMENT
5.1. Taxes and additional costs: Prices will be as quoted on the Website in Australian dollars. These prices include any applicable taxes but may exclude additional fees, such as delivery costs (if you opt for delivery instead of collection), any online payment administration charge imposed by the Business (if you pay for your Order online) or a service fee. These will be added to the total amount due where applicable. Where the Business that you place your Order with provides its own delivery service, the Business may charge you a delivery fee and/or a service charge. Where the Business that you place your Order with receives delivery services provided by us, we may charge you a delivery fee and/or service charge ourselves. The delivery fee and service charge applying to your Order may vary depending on a number of factors, including your location, the Business you select, and the value of the items in your Order, but these costs will always be shown to you before you complete and pay for your Order.
5.2. Incorrect pricing: This Website contains a large number of items and it is possible that some of the items may include incorrect prices. The products will be sold for the displayed price even if the correct price for an Order is higher than the price stated on the Website.
5.3. Payment methods: Payment for Orders must be made by an accepted credit or debit card through the Website or in cash to the Business at the point of delivery to you.
5.4. Card payments: If you pay by credit or debit card, you may be required to show the card to the Business at the time of delivery as proof of identification and so that they can check that the card conforms with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in delays in sums being deducted from your bank account or charged to your credit or debit card.
5.5. Credit and discount vouchers: A credit or discount may apply to your Order if you use a promotional voucher or code recognised by the Website and endorsed by Menulog, and you pay for any balance by credit or debit card. Please refer to our Voucher Terms & Conditions for the full terms and conditions applicable to the use of credit and discount vouchers. Where you use the Website as a guest, any account credit which you accrue against your temporary guest account can only be redeemed for an Order placed via your temporary guest account and cannot be transferred for use on another account.
5.6. Rejected Orders: Once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, you will be charged the full amount of your Order. If your Order is subsequently rejected by the Business (as described in paragraph 4.4 above) or cancelled for any other reason, your bank or card issuer will refund the relevant amount. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Business will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
6. CUSTOMER CARE
6.1. General: Customer care is extremely important to us. Subject to paragraphs 6.5 and 11, our Customer Care team will therefore try to assist you where possible if you have any problems with your Order. You can contact our Customer Care team by emailing us. Alternatively, you can access the list of frequently asked questions FAQ
6.2. Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order, in the first instance you should contact the Business directly. Alternatively, you can contact our Customer Care Team as described above and one of our Customer Care Advisers will attempt to contact the Business in order to follow up on your query.
6.3. Changing or cancelling your Order: If you wish to change or cancel your Order after it has been submitted and payment has been authorised, you may contact our Customer Care team as described above and they will attempt to contact the Business in order to communicate your requests. However, there is no guarantee that we will be able to reach the Business or that the Business will agree to your requests as they may have already started to process your Order.
6.4. Complaints or feedback: In the event that you would like to express your opinion on the quality of any Products or the service provided by a Business, please consider providing feedback in the form of ratings, comments and reviews on the Website (together, "Reviews"). The Reviews are an important part of our quality control process.
6.5. Compensation: If you are dissatisfied with the quality of any Products or the service provided by a Business and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the Business directly to lodge your complaint and, where appropriate, follow the Business's own complaint procedures. If you are unable to contact the Business, or the Business refuses to deal with your complaint, you can contact our Customer Care Team as described above within 48 hours of placing your Order and one of our Customer Care Advisers will attempt to contact the Business in order to request compensation on your behalf. Please note that we have no control over Businesses and the quality of the individual Products or service that they provide, and we are not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Business.
6.6 Healthy+: “Healthy+” accreditation is granted to items that use only healthy ingredients. Healthy+ items are based on information about those items supplied by Businesses. While every effort is made to ensure that items displaying the Healthy+ icon comply with the guidelines created by Dr Joanna McMillan in conjunction with Menulog, to the maximum amount permitted by applicable law, any liability or responsibility for the accuracy of information supplied by the Businesses is hereby excluded.
7.1. Terms of permitted use: You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercial use on the following basis:
7.1.1. You must not misuse the Website (including by hacking or "scraping").
7.1.2. Unless otherwise stated, the copyright and other intellectual property rights in the Website and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website Terms, any use of extracts from the Website other than in accordance with paragraph 7.1 is prohibited.
7.1.3. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 7.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
7.1.4. You must ensure that our status as the author of the material on the Website is always acknowledged.
7.1.5. You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a licence from us to do so.
7.2. Limitation on use: Except as stated in paragraph 7.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.
7.3. Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.
8. SERVICE ACCESS
8.1. Website availability: While we try to ensure the Website is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.
8.2. Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.
8.3. Information security: The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
9. VISITOR MATERIAL AND REVIEWS
9.1.2. You represent and warrant that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs 9.2 to 9.3 below.
9.2. Visitor Material Policy: You are prohibited from posting, uploading or transmitting to or from the Website any Visitor Material (including any Reviews) that:
9.2.1. breaches any applicable local, national or international law;
9.2.2. is unlawful or fraudulent;
9.2.3. amounts to unauthorised advertising; or
9.2.4. contains viruses or any other harmful programs.
9.3. Visitor Reviews Policy: In particular (but without limitation), any Reviews that you submit through the Website must not:
9.3.1. contain any defamatory, obscene or offensive material;
9.3.2. promote violence or discrimination;
9.3.3. infringe the intellectual property rights of another person;
9.3.4. breach any legal duty owed to a third party (such as a duty of confidence);
9.3.5. promote illegal activity or invade another's privacy;
9.3.6. give the impression that they originate from us; or
9.3.7. be used to impersonate another person or to misrepresent your affiliation with another person.
9.4. Removal of Reviews: The prohibited acts listed in paragraphs 9.2 and 9.3 above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the Website that we determine breaches a prohibition in paragraphs 9.2 or 9.3 above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason. Notwithstanding the foregoing, Menulog will not remove or edit reviews where Menulog believes that doing so would be in breach of the Australian Consumer Law.
9.5. Use of Reviews: The Reviews and other Visitor Material contained on the Website are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the Website or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, including the Australian Consumer Law we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
9.6. Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by a Business or any other third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 9.
9.7. Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of paragraph 9.2 or 9.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.
10. LINKS TO AND FROM OTHER WEBSITES
10.1. Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
10.2. Linking permission: You may link to the Website's homepage (www.menulog.com.au), provided that:
10.2.1. you do so in a fair and legal way which does not damage or take advantage of our reputation;
10.2.2. you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
10.2.3. any website from which you link must comply with the content standards set out in these Website Terms (in particular paragraph 9 (Visitor Materials and Reviews));
10.2.4. we have the right to withdraw linking permission at any time and for any reason.
11.1. Website information: We may make changes to the material on the Website, or to the Service, Products and prices described on it, at any time without notice.
11.2 Specials listed on the Website are subject to change. Businesses may alter their specials at any time, including removing or changing the terms of any loyalty discount program. Loyalty credits earned through a loyalty discount program from a Business are non-transferrable and are not redeemable for cash.
11.3. Allergy, dietary and other Product information: When a Business signs up with us, they have to provide us with up-to-date Product information. We then include this on their dedicated page on the Website. Where this information includes allergy or other dietary information, we will do our best to republish this information on the website or app exactly as it has been provided to us by the Business. However, it is the Business that is responsible for providing this Product information and ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility. If you are in doubt about allergy warnings, contents of a Product or any other Product information, you should confirm with the Business directly before ordering. Some of the pictures shown are indicative of the style of cuisine or Product only and may not be an actual photo of the Product from the Business.
11.4. Business actions and omissions: The legal contract for the supply and purchase of Products is between you and the Business that you place your Order with. We have no control over the actions or omissions of any Businesses. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:
11.4.1. We do not give any undertaking that the Products ordered from any Business through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
11.4.2. Estimated times for deliveries and collections are provided by the Businesses and are only estimates. Neither we nor the Businesses guarantee that Orders will be delivered or will be available for collection within the estimated times.
11.4.3. Businesses have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. We encourage all our Businesses to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Business rejects your Order.
11.4.4. The foregoing disclaimers do not affect your statutory rights against any Business.
11.5. Exclusion of terms: We provide you with access to the Website and Service on the basis that, to the maximum extent permitted by law, including the Australian Consumer Law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website or Service, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise).
12.1. General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law, including the Australian Consumer Law. Nothing in these Website Terms affects your statutory rights, including right relating to the consumer guarantees applicable to the supply of services under these Terms.
12.2. Exclusion of liability: Subject to clause 12.1, and your statutory rights under the Australian Consumer Law more generally, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service or the Website (including the use, inability to use or the results of use of the Service or the Website) for:
12.2.1. any loss of profits, sales, business, or revenue;
12.2.2. loss or corruption of data, information or software;
12.2.3. loss of business opportunity;
12.2.4. loss of anticipated savings;
12.2.5. loss of goodwill; or
12.2.6. or any loss not arising naturally or not arising according to the usual course of things from the relevant breach or acts or omissions.
12.3. Limitation of liability: Subject to clauses 11, 12.1 and 12.2, and your statutory rights under the Australian Consumer Law more generally, our total liability to you in respect of all other losses arising under or in connection with the Service or the Website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or $100, whichever is lower.
12.4. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
12.5 Indemnity: You agree to indemnify and hold Menulog and applicable affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis, made by any third party due to or arising out of your breach of these Terms or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
13.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website and the Service immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
13.1.1. you have used the Website in breach of paragraph 7.1 (Licence);
13.1.2. you have posted Reviews or other Visitor Material in breach of paragraphs 9.2 or 9.3 (Visitor Material and Reviews);
13.1.3. you have breached paragraph 10.2 (Links to and from other websites); or
13.1.4. you have breached any other material terms of these Website Terms.
13.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.
14. WRITTEN COMMUNICATIONS
14.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering Products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15. EVENTS OUTSIDE OUR CONTROL
15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control ("Force Majeure Event").
15.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1. strikes, lock-outs or other industrial action;
15.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
15.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
15.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
15.2.5. impossibility of the use of public or private telecommunications networks; and
15.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
15.3. Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.
16. ADDITIONAL TERMS
16.2. Other terms: You should also review our Voucher Terms & Conditions for information regarding the use of credits and promotional discounts on the Website, and our Competitions Terms and Conditions for information regarding the terms applicable to competitions that we may run from time to time. All of these are incorporated into these Website Terms by this reference.
16.3. Severability: If any of these Website Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16.4. Entire agreement: These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
16.5. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.
16.6. Assignment: You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
16.7. Headings: The headings in these Website Terms are included for convenience only and shall not affect their interpretation.
17. GOVERNING LAW AND JURISDICTION
17.1. These Website Terms shall be governed by and construed in accordance with the law of New South Wales. Disputes or claims arising in connection with these Website Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of New South Wales.
18. PROMOTION TERMS & CONDITIONS
18.1 A discount on an order price of up to 25% may apply to the first order at a participating Business made by a Menulog Customer via the website www.menulog.com.au or the Menulog App. Discounts are provided by the Business if specified on the Business page on the Menulog Website or App. Not all Menulog Businesses provide discounts and the offer may not be available in all areas.
18.2 Further terms and conditions may apply.
II. MENULOG VOUCHER TERMS & CONDITIONS
1. The following general terms and conditions (the "General Voucher Terms") will apply to all vouchers issued by Menulog, or purchased from Menulog, from time to time for use on the Website, including vouchers purchased as part of a package or bundle (each individual voucher, whether part of a bundle or not, "Vouchers").
2. Individual Vouchers will also be subject to, and the General Voucher Terms will be supplemented and/or modified by, additional terms and conditions (the "Specific Voucher Terms") that will be specified on the Voucher or at the time the Voucher is issued or purchased.
3. Vouchers may only be redeemed towards online Orders from Businesses made through the Website. The code provided with the Voucher is to be entered at the end of the checkout process. The final amount owing after a Voucher has been applied will be shown at the top of the credit card entry page and any remaining balance must be paid by credit or debit card
4. Vouchers can only be purchased from a verified Menulog account, and are subject to a maximum purchase limit of $200 per day per verified Menulog account or temporary guest account. A verified Menulog account is an account with at least one completed order older than 24 hours.
5. Subject to the Australian Consumer Law, Vouchers purchased through Menulog cannot be exchanged or refunded, and are valid for such period specified at the time of issue of the Voucher. Menulog reserves the right to cancel any voucher any time without notice. To the extent required by law, including the Australian Consumer Law, Menulog will provide a remedy if it cancels a Voucher.
7. The right to use a Voucher is personal to the intended recipient and may not be transferred. No Voucher may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without our prior written permission. In particular, Vouchers distributed or circulated without our written approval, for example on an Internet message board or on a "bargains" website, are not valid for use and may be refused or cancelled.
8. Unless otherwise provided or specified in the Specific Voucher Terms:
8.1 Vouchers may not be used in conjunction with other Vouchers or any other discounts or promotions provided or advertised from time to time;
8.2 each Voucher will be valid for use by a recipient only once;
8.3 each customer or household is limited to one Voucher per promotion or offer; and
8.4 the right to use a Voucher is personal to the original recipient and may not be transferred.
9. When you use a Voucher you warrant to us that you are the duly authorised recipient of the Voucher and that you are using it in accordance with these terms, lawfully, legally and in good faith. If we believe in our sole discretion that a Voucher is being used in breach of these terms, unlawfully, illegally or in bad faith, we may reject or cancel the Voucher.
10. Vouchers may not be exchanged for cash.
11. To the extent permitted by law, including the Australian Consumer Law, we shall not be liable to any customer or household for any loss or claim arising out of the refusal, rejection, cancellation or withdrawal of any Voucher or any failure or inability of a customer or household to use a Voucher.
12. To the extent permitted by law, including the Australian Consumer Law, we reserve the right, at any time and in our sole discretion, to add to or amend these terms and conditions in relation to the use of Vouchers or to vary or terminate the operation of a Voucher at any time without notice.
13. All standard terms and conditions from time to time for use of the Website and the Service apply.
III. MENULOG COMPETITIONS TERMS & CONDITIONS
1. The following general terms and conditions (the "General Competition Terms") will apply to all competitions run by Menulog.
2. Individual competitions will also be subject to, and the General Competition Terms will be supplemented and/or modified by, additional terms and conditions (the "Specific Competition Terms") that will be specified in connection with each competition.
3. Competitions are open to individual residents of Australia aged 18 or over, except employees of Menulog, their associated, affiliated or subsidiary companies, and their families, agents, or anyone connected with the competition.
4. Winners will be responsible for ensuring they are able to accept the relevant prize, as set out and in accordance with these General Competition Terms and any applicable Specific Competition Terms.
5. We reserve the right to redraw a competition winner if the relevant prize is not accepted or claimed within the time period stated in the applicable Specific Competition Terms.
6. Completing and submitting a competition entry form will be deemed acceptance of the General Competition Terms and any applicable Specific Competition Terms.
7. The General Competition Terms and any applicable Specific Competition Terms shall be governed by the laws of New South Wales and subject to the exclusive jurisdiction of the courts of New South Wales.
9. To the extent permitted by law, including the Australian Consumer Law, we reserve the right to withdraw any competition at any time without prior written notice and/or to alter or amend the General Competition Terms or the Specific Competition Terms for any competition at any time.
10. All standard terms and conditions from time to time for use of the Website and Service apply.