Effective Date: 27 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, operating in areas serviced by GetFood.com.au.
• Provide accurate business, contact, and payment information during onboarding.
• 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 portal 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, Commission, and Payments

GetFood.com.au operates on either a:

Commission model: A percentage-based fee per transaction, with current rates provided at onboarding and subject to change with reasonable notice.

Subscription model: Fixed monthly or periodic plans available, with details provided at onboarding.

You will receive payouts net of applicable fees via your nominated payment method, typically on a weekly or bi-weekly basis. Ensuring your payment details are correct is your responsibility.

4. Menu Pricing and Promotions

You agree that:

Menu prices listed on GetFood must be consistent with or reasonably aligned to your in-store and other online platform prices. Excessive markups to offset platform costs are not permitted.

A small surcharge or minimum order fee may be applied, but only if it does not exceed the current platform service fee and is clearly communicated to customers at checkout.

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

5. Order Fulfilment and Presentation Requirements

Merchants are responsible for fulfilling orders accurately and in a timely manner. Each item must be prepared according to the specifications provided in the platform listing. Orders must be packaged securely to prevent spillage or damage during transit. Items should be neatly and professionally presented, reflecting the quality and standards of the merchant’s business.

All takeaway or delivery orders must include appropriate packaging, utensils, napkins, and other accompaniments (when required) for a complete customer experience. Orders must be clearly labelled with customer names or order numbers, where applicable, to avoid misdelivery.

Merchants must not tamper with, alter, or intentionally omit items from an order in an attempt to attribute fault to the delivery driver or any third party. Any such misconduct may result in suspension or termination from the platform.

6. 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.

7. Packaging and Handover Requirements

Merchants are responsible for fulfilling orders accurately and in a timely manner. Each item must be prepared according to the specifications provided in the platform listing. Orders must be packaged securely to prevent spillage or damage during transit. Items should be neatly and professionally presented, reflecting the quality and standards of the merchant’s business.

All takeaway or delivery orders must include appropriate packaging, utensils, napkins, and other accompaniments as required for a complete customer experience. Orders must be clearly labelled with customer names or order numbers, where applicable, to avoid misdelivery.

If you choose to use custom-branded packaging, you are responsible for ensuring it complies with local food safety standards and does not misrepresent your affiliation with GetFood.com.au.

8. 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.

9. 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.

10. 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.

11. Termination and Suspension

The platform reserves 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 that affect merchant operations

Suspension may occur without prior notice in cases of serious misconduct or legal obligation. Terminated accounts may forfeit any unpaid balances pending investigation or refund obligations.

Merchants may request a review or appeal through the designated support channel, but reinstatement is not guaranteed.

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.

12. Refund and Disputes

In cases where customers report issues such as incorrect, missing, or poor-quality items, the platform will review and determine if a refund is warranted. If approved, the amount will be deducted from the merchant’s account or next scheduled payout.

Merchants are required to respond to refund claims within 48 hours. Repeated or unresolved claims may affect the merchant's account standing and could lead to temporary suspension, as outlined in Clause 11.

Refund responsibilities apply equally to subscription and commission-based merchants. Platform decisions on refunds are final.

13. Changes to Terms

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

14. 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. Obligations will resume once the disruption ends.

15. 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.

16. 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.

17. 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.

18. Insurance Requirements

Merchants are strongly encouraged to maintain appropriate insurance coverage, including product liability and public liability insurance, to protect against potential claims arising from food preparation, packaging, or delivery activities.

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.

19. 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.

20. Governing Law

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