Delivery Angel Terms and Conditions

This document sets out the terms and conditions (“Terms”), on which we, Delivery Angel Pty Ltd ACN 649 785 768, a company registered in Victoria whose registered address is PO Box 6139 Chapel Street, South Yarra VIC 3141 (“we”, “us” or “Delivery Angel”) provide our services through our website  (“Website”) and our application, Delivery Angel (“Application”). Please read these Terms carefully using the Website or Application, as setting up your account, your use of the Website or Application and purchase of any products offered via the Website or Application is subject to these Terms. By setting up an account or ordering products via the Website or the Application or continuing to use the Website or Application, you agree to be bound by these Terms.

1.            About Delivery Angel and the Service

1.1         We provide a way for you to connect directly with merchants and order (“Order”) products (“Products”) from merchants (“Merchants”) for collection or delivery via the Website or Application (“Service”). 

1.2         Each Merchant has a prescribed radius whereby customers located within that radius are able to view and order Products from such Merchant.  This radius may change at any time due to a number of factors, such as demand, availability of drivers and weather.  When using the Service, you will only be able to see Merchants within your relevant radius based on the location you have nominated. 

1.3         The Merchants provide and are responsible for all information listed on the Website and the Application relating to the Merchant and the Products sold by the Merchants, such as opening hours, photographs, dietary and allergy specifications and ingredients and this information may change without notice.  We make no representation or guarantee regarding the availability of the Merchant or in relation to any Products sold by the Merchants and you should contact the Merchant directly if you have any dietary or other specific concerns in relation to any Products.

1.4         The contract for the sale of the Products is as between you and the Merchant and as such, in the event that you have any complaints about the Order or delivery of the Order, you should contact the relevant Merchant directly and they will be able to process any refunds or take other appropriate action.

1.5         If you have selected delivery for Products, the Products are delivered by the Merchants themselves or by third party drivers (Drivers) which are engaged directly by the Merchants, the Drivers are not engaged by us to provide any delivery services.

2.            Orders and cancellations

2.1         You will be contracting directly with the Merchants for the purchase and delivery (if applicable) of Products and we have no liability or responsibility to you in connection with the order, delivery, consumption or use of the Products.

2.2         When you place an Order, it needs to be accepted by the Merchant before it is confirmed and we will send you a notification if your Order is accepted, which may be in the form of a thank you screen confirming the Order (“Acceptance Notice”).    The contract between the Merchant and yourself for the purchase of the Product is formed when we send you the Acceptance Notice.

2.3         If a Merchant has a minimum order amount in place, you may not place an order with that Merchant until the value of your Order exceeds that amount (after any discounts or specials).

2.4         When placing an Order you warrant to us and the Merchant that:

2.4.1         you are legally capable of entering into binding contracts; and

2.4.2         you are at least 18 years old.

2.5         Information about when you can cancel an Order and any amounts payable by you in connection with cancellations of Orders will be available to you when placing an Order.

2.6         By placing an Order, you consent to receiving notifications and other updates (including by way of phone calls, emails and in-app notifications) in relation to your Order and its delivery status from Delivery Angel and/or any third party logistics company that may be engaged by a Merchant to assist with the delivery of your Order. 

3.            Delivery and pick-up

3.1         When you select an Order:

3.1.1         for delivery, you acknowledge and agree that:

(a)    any estimated times for deliveries are only estimates and the Merchant does not guarantee that Orders will be delivered within the estimated times as delivery times may be affected by a range of factors such as traffic and weather conditions;

(b)    the Order will be delivered to the address you have nominated and the Order may not be able to be diverted to a different address once it has been placed;

(c)    we are not responsible or liable for any act or omission of a delivery driver and such persons are engaged directly by the Merchant to provide delivery services on behalf of the Merchant; and

(d)    you may still be charged for Products in the event of a failed delivery if you have caused such failure for any reason, for example if you do not come to the door or pick up the phone when the driver contacted you within a reasonable period of time and the driver is unable to find a safe location to leave the food or if the driver refuses to deliver the Product due to age or other restrictions associated with purchase of the Product;

3.1.2         for pick-up:

(a)    you acknowledge and agree that any times for collection are only estimates and the Merchant does not guarantee that Orders will be available for collection with in the estimate times; and

(b)    the Merchant may require that you produce identification or the card the Order was paid with via the Service to evidence that the Order belongs to you.

4.            Issues with Products

4.1         If you are dissatisfied with the quality of the Products or the service provided by the Merchant or delivery driver, you should contact the Merchant directly to lodge your complaint and follow the Merchant’s own complaint procedures. 

4.2         We have no control over the Merchants and the quality of their Products or services that they provide, so are not able to provide and have no responsibility or liability for, any refunds or other compensation to you on behalf of any Merchant.

5.            Prices, payments and tips

5.1         Payments for Orders must be made via an accepted credit or debit card at the time of placing the Order.

5.2         All prices are quoted in Australian dollars.

5.3         Payment is made to Delivery Angel (or a nominee of Delivery Angel) who is acting as agent on behalf of the Merchant only and processes such payment for the Merchant.

5.4         Prior to confirming your Order, you will be provided with full details of the amount payable by you in connection with the Order which may include:

5.4.1         prices for the Products and any additional charges from a Merchant in connection with your Order and a delivery charge payable to the Merchant; and

5.4.2         a service fee payable to us for your use of the Service. 

5.5         You will have the option to provide a driver tip when placing an Order for delivery, the tip is paid in full to the driver by the Merchant. 

5.6         If your Order is subsequently rejected by the Merchant or cancelled in accordance with these Terms, you will receive a refund for the Order if payment has already been processed.  Refunds may take several business days to process. 

5.7         Please contact the Merchant directly to discuss any queries or concerns regarding charges or refunds relating to Orders.

6.           Privacy and security

6.1         In providing you with access to the Service, we will need to collect your personal information, and you confirm that all of the information you provide to us, including any personal details, will be complete, true and correct.

6.2         In order to use the Service, you must register by providing us with certain true and correct information about yourself (the “User Information”), as requested by the registration page. You are responsible for the use of the Service, including any information which you receive and store on behalf of someone else . There are parts of our Service you can use without registering. However, you will not be able to use certain services without registering.

6.3         By signing up use our Service you confirm that you are at least 18 years of age.

6.4         You must promptly notify and/or update your profile if any of your User Information, or information you have uploaded on behalf of someone else, is erroneous or changes from time to time. By providing your contact details, you agree to us and the Merchant contacting you via such means.

6.5         All personal information that we collect from you will be processed in accordance with our Privacy Policy which is incorporated into these Terms by reference and is available here .

6.6         You acknowledge that the internet is an inherently insecure communication medium, and your use the Service at your own risk. You agree that we have no responsibility for use, misuse, loss, corruption, interception or delay of information or data uploaded, downloaded, hosted or otherwise communicated via the Service.

6.7         You must keep all usernames, passwords and other security-based information secure and private at all times. We are entitled to assume that you are the user of the Service if your username, password or other security-based information is used to access the Service.

7.           Suspension and availability

7.1         We may refuse to register your account and/or provide you access to the Service, without giving reasons and without liability to you.

7.2         Merchants will have the ability to block certain customers from placing Orders with them in their discretion and we are not liable to you for any decision by a Merchant in connection with this.

7.3         While we will take reasonable steps to ensure the availability and security of the Service, you accept that the Service provided by us is provided on an “as is” basis. We do not warrant that the Service will be continuously available and we will not be liable if the Service is unavailable at any time or for any reason. In particular, we may at any time immediately suspend or withdraw access without notice and without giving reasons.

7.4         We do not represent that the Service (or any software underpinning the Service) will be error, defect, “bug” or “virus” free, and you should take prudent steps to ensure your own online security and safety.

7.5         We do not represent that any information, photographs, updates, news, or other content on the Service is accurate, reliable or correct. You acknowledge and agree that such content is provided on a “no reliance” basis. You are responsible for verifying the accuracy, reliability and correctness of any content or information that you obtain through your use of the Service.

7.6         Where the Service contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

8.           Intellectual Property Rights

8.1         All intellectual property rights (including copyright, database rights and trade mark rights) subsisting in, relating to or arising out of the Service (other than to the extent related to the Products) are owned by and vest in us (or our licensors).

8.2         You acknowledge and agree that these Terms do not transfer any right, title or interest in our (or our licensors’) intellectual property rights to you, nor may you use our trade marks without our prior written permission.

9.          Submitted Materials

9.1         The Service may allow users to upload and submit information, content and materials (“User Generated Content”) such as reviews.

9.2         If you choose to submit User Generated Content, you must have the right to submit that User Generated Content and it must not: (i) infringe any intellectual property rights (including copyright, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence; (ii) deceive or be likely to deceive any person; (iii) be used to impersonate any person (including Delivery Angel and its representatives) or to misrepresent your identity or affiliation with any person; or (iv) be illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourage conduct that would be considered a criminal offence, give rise to civil liability, violate any law or be otherwise inappropriate. If you become aware or reasonably suspect that any third party content on the Service may infringe these requirements, you must promptly inform us.

9.3         If you upload or submit User Generated Content to the Service, you must have all necessary consents and permissions to do so.

9.4         You agree that we may: (i) edit or delete your User Generated Content; (ii) use your User Generated Content for its business purposes; and (iii) directly or indirectly benefit from your User Generated Content. However, we will always comply with our Privacy Policy in connection with any personal information.

9.5         By submitting User Generated Content you grant us, the Merchants and our licensors an irrevocable, perpetual, non-exclusive, royalty free and world-wide licence to use that User Generated Content.

10.        Unacceptable Use

10.1      You must only use the Service in a reasonable manner, consistent with these Terms and our Privacy Policy as well as ordinary community standards of behaviour and decency. Under no circumstances may the Service be used for any illegal purpose, or in a manner likely to cause offence to a reasonable person.

10.2      You must not use the Service for any purpose which we consider to be unacceptable. Examples of unacceptable behaviour include use of the Service that:

10.2.1       would cause you or us to be in breach of any law, code, or regulation;

10.2.2       involves accessing the personal information of a person other than a person linked to your account;

10.2.3       attempts to obtain a benefit or other financial advantage which you are not entitled to;

10.2.4       places any unreasonable impost, burden or strain on the technical resources of the Service, including without limitation the excessive transmission of data;

10.2.5       depicts or promotes offensive or illegal behaviour;

10.2.6       is offensive or promotes racism, bigotry, hatred or physical harm;

10.2.7       would harass or threaten any other person;

10.2.8       exploits people in a sexual or violent manner;

10.2.9       contains nudity, violent or offensive subject matter;

10.2.10    promotes an illegal or unauthorised copy of copyright material;

10.2.11    could cause us to incur a liability to any third party or entity;

10.2.12    violates the privacy or confidentiality of any person;

10.2.13    involves compromising the security of any computer system or data storage system;

10.2.14    contains, provides or creates computer viruses or corrupts systems, facilities or data;

10.2.15    involves the sending of junk mail or unauthorised commercial electronic messages;

10.2.16    alters or modifies the operation of the Service in any way; or

10.2.17    involves the resale or resupply of the Service to any person without our prior written permission.

11.        Liability

11.1      Without limiting any other provisions of these Terms, we will not in any way be liable to you for any kind of loss or damage incurred as a result of your use of the Service including in relation to purchase, delivery, use or consumption of any Products, any viruses or other malicious software that may affect you while using the Service or for any faults, failures or interruptions or the accuracy, timeliness, completeness, security or reliability of any representations and communications (including any transactions) made using the Service.

11.2      Other than the express terms of these Terms and warranties, conditions, rights or guarantees implied by relevant legislation, including the Competition and Consumer Act 2010 (Cth) (CCA) or other applicable consumer protection law in a user’s jurisdiction, the exclusion of which from an agreement would contravene a statute or cause part or all of these Terms to be void ("Non-excludable Rights"), you agree that we exclude all liability arising from any implied or express representations, terms, conditions or warranties that would otherwise apply to your use of the Service or purchase, delivery, use or consumption of Products.

11.3      Except for liability in relation to breach of any Non-excludable Rights our maximum aggregate liability to you in contract, tort (including negligence), statute or otherwise, is limited to $1,000.

11.4      To the maximum extent permitted by law, our liability for breach of any Non-excludable Rights is limited to:

11.4.1       replacement or refund for a major failure and you may seek compensation for any other reasonably foreseeable loss or damage; or

11.4.2       replacement or repair if the Service fails to be of acceptable quality and the failure does not amount to a major failure.

11.5      To the maximum extent permitted by law, under no circumstances will we be responsible to you or any third party whether in contract, tort (including negligence), in equity or under statute for any special, indirect, consequential, incidental or punitive damages, or for any damages for loss of opportunity, data, profits, revenue or goodwill, regardless of whether or not such loss or damage was foreseeable and even if advised of the possibility of such loss.

11.6      You indemnify us and our related bodies corporate, directors, officers, employees and agents from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable legal fees, arising out of, or in any way connected to, your use of the Service or information or content available by means of the Service, or the use of the Service by anyone using your device.

12.        Termination

12.1      You may end your access to the Service at any time by deleting your account and/or deleting the Service. Ending your access in this way will restrict your ability to access the Service  and you will need to register again with us and/or download the Service again if you change your mind. Any data or personal information we have collected about you or your use of the Service will be retained and/or destroyed in accordance with our Privacy Policy.

12.2      We may immediately terminate your access to the Service without notice or cause for any reason. Reasons we may terminate your access to the Service include where:

12.2.1       you breach any of these Terms;

12.2.2       you use the Service in a dishonest or fraudulent manner;

12.2.3       we have ceased to provide the Service, in whole or in part;

12.2.4       our business or contractual relationships with any third parties require us to do so; and/or

12.2.5       we consider that you have done something that is detrimental to our business interests or reputation or those of any third parties.

12.3      Subject to applicable law, including the CCA, you acknowledge that Delivery Angel, Merchants, or any third party, will not have any liability to you for any reason whatsoever arising from any termination of your access to the Service.

12.4      Nothing in these Terms restricts our rights to take any further action against you that we consider appropriate, including initiating legal proceedings or involvement of regulatory or law enforcement bodies.

13.        General

13.1      Where we are required to send you communications in writing, these will be sent to you using the email address in your account on the Service and you consent to this electronic means of communication.

13.2      Any provision of these Terms that is held to be illegal, invalid, void, voidable or unenforceable must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable.  If it is not possible to read down a provision as required by this clause, part or all of the clause of these Terms and Conditions that are unlawful or unenforceable will be severed from these Terms and Conditions and the remaining provisions continue in force.

13.3      In these Terms, the words “such as”, “including”, “particularly”, “by way of example” and similar expressions are not used as, nor are intended to be, interpreted as words of limitation.

13.4      Your rights and obligations under these Terms are personal to you and you must not assign, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms. We may assign, transfer, sub-contract, novate or otherwise dispose of any or all of our rights and/or obligations under these Terms without notice to you.

13.5      We may revise these Terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

13.6      These Terms are governed exclusively by the laws in force in Victoria, Australia and this applies notwithstanding any use of the Website or Services outside of Australia. The parties agree to be bound by the non-exclusive jurisdiction of the Courts of Victoria.

13.7      Please contact us at if you have any concerns about materials which appear on the Service.


Date of last revision of Terms: 4th November 2021