Merchant Terms & Conditions

Effective Date: 16 July 2025

Welcome to GetFood.com.au (“we,” “us,” or “our”). These Terms and Conditions govern the access and use of our website, mobile applications, and related services (collectively, the “Platform”) by registered merchants and restaurants. By signing up for a merchant account or otherwise using the Platform to offer goods or services, you agree to comply with and be bound by these Terms. Please read them carefully. If you do not accept these Terms, you are not permitted to access or use the Platform as a merchant or restaurant partner.

1. Eligibility and Registration

To use our platform, you must:

  • Hold a valid Australian Business Number (ABN) and all relevant food and business licenses required by law.
  • Comply with all local, state, and federal regulations relating to food preparation and sales.
  • Be located within Australia.
  • Provide accurate business, contact, and payment information during onboarding.
  • Be approved by GetFood before your listing and menu go live. GetFood reviews new merchant applications and reserves the right to decline or delay approval at its discretion.

We reserve the right to verify and suspend accounts if information is false or incomplete.

2. Platform Access and Use

You are granted a limited, non-exclusive, non-transferable right to use the GetFood merchant dashboard to manage your profile, menu, pricing, and orders. You agree to:

  • Keep your menu and business details current and accurate.
  • Promptly accept, prepare, and hand off all customer orders placed through the platform.
  • Use the platform lawfully and professionally without misuse or interference.

3. Fees and Payments

GetFood.com.au operates on a single flat-fee subscription model. There is no commission and no percentage-based fee taken on any order, regardless of order volume or value.

  • You will be charged a flat subscription fee (currently $50 AUD per month) for access to the Platform, its ordering system, and merchant dashboard.
  • This fee is charged monthly regardless of the number of orders received in that period.
  • All customer payments for orders are processed directly to your own connected payment account (via Stripe) and are never collected or held by GetFood at any point.
  • GetFood has no visibility into your broader financial accounts and cannot access, withhold, or redirect your order payments. Our access is limited solely to processing your subscription fee and facilitating order payment routing to your connected account.
  • Your subscription fee is billed independently of your order revenue and is not refundable for periods in which you received few or no orders.
  • If your subscription payment fails, we will attempt to process it again and notify you by email. Continued non-payment may result in suspension of your listing as set out in Clause 11.
  • GetFood may offer optional paid promotional placement (e.g. featured or boosted listing on the homepage or search results) at additional cost. This is entirely optional and clearly labelled as sponsored to customers.

4. Menu Pricing and Promotions

You are free to set your own menu prices and delivery fees at your discretion. As GetFood does not take a percentage of your order value, there is no requirement to adjust pricing to offset platform costs.

You are solely responsible for setting a delivery fee (if applicable) that is reasonable and clearly disclosed to customers at checkout. GetFood may provide general pricing guidance in the merchant dashboard but does not mandate or cap delivery fees.

Participation in any promotional campaigns or discounts remains entirely optional and will only apply with your express consent.

5. Order Fulfilment and Presentation Requirements

You are responsible for fulfilling orders accurately and in a timely manner. Each item must be prepared according to the specifications provided in your menu listing. Orders must be packaged securely to prevent spillage or damage, and presented in a manner reflecting the quality and standards of your business.

Takeaway and delivery orders should include appropriate packaging, utensils, napkins, and other accompaniments as needed, and be clearly labelled with customer names or order numbers to avoid confusion.

6. Delivery Responsibility

You acknowledge and agree that:

  • GetFood does not provide, manage, dispatch, or have any relationship with delivery drivers.
  • All delivery logistics — including hiring, insurance, vehicle suitability, driver conduct, and delivery execution — are your sole responsibility as the merchant.
  • GetFood provides a driver-facing order view (accessible via a PIN you control) purely as a convenience tool to display order and address details; this does not constitute delivery management, dispatch, or any assumption of delivery liability by GetFood.
  • GetFood is not liable for any loss, damage, delay, or dispute arising from delivery performed by your staff or contractors.
  • Alternatively, you may offer customer pickup only, in which case this clause does not apply.

7. Health, Safety, and Compliance

You must maintain high standards of food hygiene and safety in line with applicable laws. GetFood reserves the right to suspend or terminate accounts based on credible reports of non-compliance.

8. Menu Information Accuracy, Including Allergen and Dietary Tags

You are solely responsible for the accuracy of all information you provide about your menu items, including but not limited to ingredients, descriptions, and any allergen or dietary tags (such as vegetarian, vegan, gluten-free, or allergen warnings). GetFood does not verify, test, or independently confirm this information. You must ensure allergen and dietary information is accurate and kept up to date, particularly where a customer may rely on it for health or safety reasons. GetFood is not liable for any illness, allergic reaction, or harm arising from inaccurate or outdated menu, ingredient, or allergen information provided by you.

9. Intellectual Property and Marketing

You grant GetFood a royalty-free license to use your business name, logo, and menu content for platform listing and marketing purposes unless you opt out in writing. Use of the GetFood brand or logo externally requires prior written consent.

10. Data Privacy and Confidentiality

Customer data provided through the platform is confidential and intended solely for order fulfilment and service purposes. You agree not to misuse, share, or retain this data beyond what is necessary to complete orders. GetFood processes data in compliance with Australian privacy laws as detailed in our Privacy Policy.

11. Service Availability and Limitation of Liability

While we strive for uninterrupted service, GetFood.com.au does not guarantee continuous platform availability. We are not liable for any financial loss, missed sales, or reputational damage caused by outages, maintenance, or third-party disruptions. Merchants are encouraged to maintain alternate order channels to mitigate potential disruptions.

12. Termination and Suspension

We reserve the right to suspend or terminate a merchant’s account, temporarily or permanently, under the following conditions:

  • Repeated breach of platform policies or merchant obligations
  • Failure to fulfil orders consistently or reliably
  • Verified customer complaints regarding food quality, safety, or service
  • Use of fraudulent or misleading information during registration or order processing
  • Legal or regulatory violations affecting merchant operations
  • Non-payment of the monthly subscription fee

Suspension may occur without prior notice in cases of serious misconduct or legal obligation.

You are free to stop using the platform at any time without notice; however, full account closure, including data deletion, requires 14 days’ written notice.

13. Refunds and Disputes

As GetFood does not collect or hold customer payments, any refund owed to a customer must be processed by you directly through your connected payment account (Stripe), consistent with your own refund policy and obligations under Australian Consumer Law. GetFood may assist in facilitating communication between you and a customer regarding a reported issue but does not adjudicate, withhold funds, or issue refunds on your behalf, as we do not hold any of your order payments at any point.

You are required to respond to customer-reported issues in a timely manner. Repeated unresolved complaints may affect your account standing as outlined in Clause 11.

14. Changes to Terms

We reserve the right to amend these terms with reasonable notice to you. Continued platform use after changes implies acceptance.

15. Force Majeure

Neither party shall be held liable for any failure or delay in performance due to circumstances beyond reasonable control, including but not limited to natural disasters, war, labor strikes, internet outages, or government restrictions.

16. Reviews and Ratings

GetFood.com.au may collect customer feedback in the form of ratings or reviews. Merchants acknowledge that customer ratings are visible to the public and cannot be altered or removed except where they breach platform guidelines. Attempts to manipulate reviews may lead to suspension.

17. Dispute Resolution

In the event of a dispute between the merchant and GetFood.com.au, both parties agree to attempt resolution through good-faith negotiation. If unresolved, the matter may be escalated to mediation or arbitration before pursuing legal action, subject to the laws of Victoria.

18. Non-Solicitation

Merchants agree not to solicit or redirect customers to other ordering channels in a manner that bypasses the platform, including placing direct contact information in menu descriptions or using packaging to promote alternative ordering methods.

19. Insurance Requirements

Merchants are strongly encouraged to maintain appropriate insurance coverage, including product liability and public liability insurance, and — where offering delivery — appropriate insurance for delivery activities, to protect against potential claims arising from food preparation, packaging, or delivery. The platform does not provide insurance coverage for merchant operations. Merchants assume full legal and financial responsibility for any claims, losses, or damages caused by their products or services.

20. Account Access and Security

You are responsible for maintaining the confidentiality of your login credentials. Any actions taken under your account will be considered authorized unless reported as compromised. Notify GetFood immediately of any suspected unauthorized access.

21. Governing Law

These terms are governed by the laws of Victoria, Australia. Any disputes will be resolved under the jurisdiction of Victorian courts.

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