Last Updated 29 November 2017

Menulog Partner Centre Terms and Conditions

MENULOG PARTNER CENTRE TERMS AND CONDITIONS

IMPORTANT LEGAL NOTICE

This page sets out the terms and conditions ("Terms") on which we, Menulog Limited (NZBN 9429030966383) ("we" or "Menulog"), provide our services through our Partner Centre website http://partner.menulog.co.nz, including without limitation the Menulog Shop (the "Menulog Shop") and accessible via such website, and any Menulog mobile application through which you access our Partner Centre or Menulog Shop website or services (together, the "Website"). Please read these Terms carefully before ordering any products through the Website, as your purchase of any products offered on the Website is subject to these Terms. By ordering products via the Website (whether now or in the future), you agree to be bound by these Terms. Use of the Website is also subject to these Terms. We may at our sole discretion allow certain restaurants to purchase Menulog Shop products in person or over the telephone. Any such purchase of products will also be subject to these Terms insofar as they relate to products or orders of products.

We reserve the right to change these Terms from time to time by changing them on this page. We advise you to print a copy of these Terms for future reference. These Terms are only in the English language.

Use of your personal information submitted via the Website is governed by our Privacy Policy and Cookies Policy http://www.menulog.co.nz/privacy-policy. For the avoidance of doubt, please note that references to "Website" in these Terms include any current or future version of our Partner Centre website http://partner.menulog.co.nz, including without limitation our Menulog Shop website, 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 or placing an order with the Menulog Shop through the Website, in person or over the telephone, you indicate that you accept these Terms. If you do not accept these Terms, you should leave the Website immediately, and you will not be able to order any products from the Menulog Shop.

I. TERMS AND CONDITIONS OF USE AND SALE

1. INTRODUCTION AND OUR ROLE

1.1

Company details: Menulog is a company registered in New Zealand with NZBN 9429030966383, whose registered office is at Level 8, 188 Quay Street, Auckland 1010, New Zealand.

1.2

Service:

1.2.1.

This Website enables you to:

1.2.1.1:

Monitor your online sales through the Menulog online ordering platform, look up your Menulog invoices and manage your Menulog settings; and

1.2.1.2:

Place orders ("Website Orders") for various Menulog products from the Menulog Shop (the "Products"), including both Menulog branded products (the "Menulog-Branded Products") and products that are co-branded with both Menulog and your brand (the "Co-Branded Products").

1.2.2.

The Menulog Shop also includes certain non-branded products and third party-branded products. The Terms that apply to the sale of Menulog-Branded Products apply equally to the sale of such products, and references in these Terms to Menulog-Branded Products include such products.

1.2.3.

In addition, we may at our sole discretion allow certain restaurants to place Orders for Products with us in person or over the telephone ("Non-Website Orders", and together with Website Orders, "Orders"). Any such purchase of Products through Non-Website Orders will also be subject to these Terms insofar as they relate to Products or Orders.

1.2.4.

The services described in this clause 1.2 are collectively referred to as the "Service".

2. WEBSITE ACCESS AND TERMS

2.1.

Acceptance of terms:

2.1.1.

By accessing any part of the Website, you indicate that you accept these Terms. If you do not accept these Terms, you should leave the Website immediately, and you will not be able to order any Products through the Website.

2.1.2.

In addition, by placing a Non-Website Order, you indicate that you accept these Terms insofar as they relate to Orders and Products. If you do not accept these Terms, you should let the Menulog agent know immediately, as you will not be able to order any Products from the Menulog Shop.

2.2.

Revision of terms: We may revise these Terms at any time. You should check the Website regularly to review the current Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an Order through us.

2.3.

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 Terms and that they comply with them.

3. YOUR STATUS

3.1.

Capacity and age: By placing an Order, 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.

4. OUR PRODUCTS

4.1.

Images: The images of the Products on our Website or that we otherwise provide to you in digital or electronic format are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

4.2.

Measurements: Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our Website or that we otherwise provide to you during the ordering process are approximate only and may vary slightly from those indicated.

4.3.

Packaging: The packaging of the Products may vary from that shown on images on our Website or that we otherwise provide to you in digital or electronic format.

4.4.

Availability: All Products shown on our Website or in our Menulog Shop are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your Order if made.

5. HOW THE CONTRACT FOR ORDERS IS FORMED BETWEEN YOU AND US

5.1.

Website Order Process: For the steps you need to take to place a Website Order for our Products, please see our Contact Us & Help http://www.menulog.co.nz/help/ page. Our Website Order process allows you to check and amend any errors before submitting your Website Order to us. Please take the time to read and check your Website Order at each page or stage of the Website Order process.

5.2.

Non-Website Order Process: Our Menulog agent will walk you through the process of placing a Non-Website Order for our Products. Please take the time to review your Non-Website Order carefully with the Menulog agent to ensure it is accurate.

5.3.

Order Acknowledgement: After you place an Order, you will receive an e-mail from us acknowledging that we have received your Order. However, please note that this does not mean that your Order has been accepted. Our acceptance of your Order will take place as described in clause 5.4.

5.4.

Order Acceptance: Our acceptance of your Order will take place as follows:

5.4.1.

In relation to Menulog-Branded Products, we will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The contract between us will only be formed when we send you the Dispatch Confirmation. Please note that a contract is not formed at the point in time that payment has been taken from you by us, nor at the point in time that you receive an e-mail from us acknowledging receipt of your order. Until the Products are dispatched the Order may not be accepted by us or may be cancelled by you.

5.4.2.

In relation to Co-Branded Products, we will confirm our acceptance to you of the Order after the proofs for the design and artwork have been finalised and agreed in accordance with the ordering process described at the Contact Us & Help http://www.menulog.co.nz/help/ page. We will do so by sending you an e-mail that confirms that your Order for the Products has been finalised and accepted (Acceptance Confirmation). The contract between us will only be formed when we send you the Acceptance Confirmation. Please note that a contract is not formed at the point in time that payment has been taken from you by us, nor at the point in time that you receive an e-mail from us acknowledging receipt of your Order. Until the Acceptance Confirmation is sent the Order may not be accepted by us or may be cancelled by you. If you need to amend or cancel your Order, you may only do so before you provide us with the design and artwork for the relevant Products. Thereafter we reserve the right to charge you a fee as described in the Contact Us & Help http://www.menulog.co.nz/help/ page.

5.5.

Order Issues: If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our Website or otherwise provided to you as referred to in clause 7, we will inform you of this by e-mail and we will not process your Order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

6. RETURNS AND REFUNDS OF PRODUCTS

6.1.

Returns of Menulog-Branded Products: We offer a "goodwill" refund or exchange on all Menulog-Branded Products when the items are returned in a resalable condition and in their original packaging within 7 working days of the date on which you receive the items. Working days means that Saturdays, Sundays or public holidays are not included in this period. This means that during this period if you change your mind or for any other reason you decide you do not want to keep a Menulog-Branded Product, you can notify us of your decision to return the item and receive a refund or an exchange. Our "goodwill" returns policy does not affect your legal rights under any legislation.

6.2.

Returns of Co-Branded Products: However, our "goodwill" returns policy does not apply to any Co-Branded Products, as these are made-to-order. These items can only be refunded or exchanged in accordance with your legal rights.

6.3.

Returns process: The following process and conditions apply to the return of any Products in accordance with clause 6.1 or 6.2:

6.3.1.

Please contact our Customer Services telephone line at 09 801 1024 or e-mail us at enquiries@menulog.com. You may wish to keep a copy of the notification e-mail that you send for your own records. We will provide you with a Returns Confirmation Number and confirm the date on which we will collect the Products.

6.3.2.

We will arrange to collect any Products that you wish to return. You should not use your own delivery methods to return the Products. If you choose to do so, we will not be responsible for any loss or damage to them in transit, and we reserve the right at our sole discretion to charge you (or not to refund any amounts attributable to) for any such loss or damage.

6.3.3.

It is important that returned items are in the best possible condition. Prior to the date when we collect the Products, you have a legal obligation to keep the Products in your possession, to take reasonable care of the Products while they are in your possession and to keep all packaging.

6.4.

Restocking charges: If you have returned Menulog-Branded Products to us under our "goodwill" returns policy, you will receive a full refund of the price you paid for the Menulog-Branded Products (excluding any applicable delivery charges you paid). You will be responsible for paying a charge for us to collect and restock the Menulog-Branded Products. Please refer to our Contact Us & Help http://www.menulog.co.nz/help/ page.

6.5.

Defective products: If you have returned Products to us because they are faulty or mis-described, we will refund the price of the defective Products in full and any applicable delivery charges. We will not charge you for collecting any defective Products. This warranty applies in addition to your rights under the Consumer Guarantees Act 1993. Further information on the Consumer Guarantees Act is available from Consumer Affairs.

6.6.

Refunds:We will process any refund due to you as soon as reasonably possible, and generally aim to do so within 30 days of receiving the returned Product. We will generally refund you through the same method as your payment method.

7. DELIVERY OF PRODUCTS

7.1.

Delivery date: We aim to fulfil your order by the estimated delivery date set out in the Dispatch Confirmation. However, there may be unforeseen delays from time to time, including due to a Force Majeure Event (see clause 18). If we are unable to meet the estimated delivery date because of a Force Majeure Event or for any other reason, we will contact you with a revised estimated delivery date.

7.2.

Delivery address: Subject to clause 7.3, delivery will be completed when we deliver the Products to the address you gave us. Please note that we are only able to deliver to addresses within New Zealand.

7.3.

Redeliveries: If no one is available at your address to take delivery, we will leave you a note notifying you of a redelivery date. We may sometimes also try and leave your item with a neighbour, in which case we will leave you a note to let you know. If you would prefer not to have any Products delivered to a neighbour, please let us know at the time you place the Order. We may alternatively sometimes provide you with the option to collect the Products from a courier depot. If you wish to utilise the self-collection option, please contact the courier using the contact details on the redelivery note to arrange a collection date. Please note that you may be charged for redeliveries. Please refer to our Contact Us & Help http://www.menulog.co.nz/help/ page.

7.4.

Responsibility: The Products will be your responsibility from the completion of delivery.

7.5.

Ownership: You own the Products once we have received payment in full, including all applicable delivery charges.

8. PRICE OF PRODUCTS AND DELIVERY CHARGE

8.1.

Quoted prices: The prices of the Products will be as quoted on our Website or by our Menulog agent from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of Product(s) you ordered, please see clause 8.5 for what happens in this event.

8.2.

Price changes: Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.

8.3.

GST: Unless otherwise indicated, the price of a Product does not generally include GST. Note that GST (where applicable) will generally be added at the payment stage at the applicable current rate chargeable in New Zealand for the time being. However, if the rate of GST changes between the date of your Order and the date of delivery, we will adjust the GST you pay, unless you have already paid for the Products in full before the change in GST takes effect.

8.4.

Delivery charges: The price of a Product does not include delivery charges. Our delivery charges are as quoted on our Website or by our Menulog agent from time to time. To check relevant delivery charges, please refer to our Contact Us & Help http://www.menulog.co.nz/help/ page.

8.5.

Incorrect pricing: Our Website and the Menulog Shop each contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

8.5.1.

where the Product's correct price is less than the price stated on our Website or quoted by the Menulog agent, we will charge the lower amount and refund the difference when dispatching the Products to you. However, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and

8.5.2.

if the Product's correct price is higher than the price stated on our Website or quoted by the Menulog agent, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your Order. We will not process your Order until we have your instructions. If we are unable to contact you using the contact details you provided during the Order process, we will treat the Order as cancelled and notify you in writing.

9. HOW TO PAY FOR PRODUCTS

9.1.

Website Orders: You can only pay for Website Orders of Products using a debit card or credit card as indicated on the Website. Please note that from time to time there may be delays in the processing of payments and transactions; on occasion this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit card. Payment for the Products and all applicable delivery charges is in advance. We will charge your debit card or credit card at the time you place your order.

9.2.

Non-Website Orders: You can only pay for Non-Website Orders of Products through your Menulog online customer card orders. Where more than one restaurant is associated with your account, you should indicate to us when placing the Order the restaurant against whose orders any amounts due should be deducted. The amounts of any such payments will be set out in, and automatically deducted from your, next twice-monthly statement of outstanding accounts from Menulog; this may result in payments taking up to four (4) weeks to be deducted. Any refunds for Non-Website Orders will similarly be processed through your next twice-monthly statement of outstanding accounts from Menulog; this may result in refunds taking up to four (4) weeks to be received. We may at our sole discretion from time to time accept additional modes of payment for Non-Website Orders, in which case we will let you know at the time you place the Order.

9.3.

Credits, vouchers and discounts: Please see our Credit/Voucher Terms and Conditions for information regarding the application of credits, credit vouchers and promotional discounts to Orders.

10. LICENCE

10.1.

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:

10.1.1.

You must not misuse the Website (including by hacking or "scraping").

10.1.2.

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 Terms, any use of extracts from the Website other than in accordance with clause 10.1 is prohibited.

10.1.3.

You must not modify the digital or paper copies of any materials that you print off in accordance with clause 10.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.

10.1.4.

You must ensure that our status as the author of the material on the Website is always acknowledged.

10.1.5.

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.

10.2.

Limitation on use: Except as stated in clause 10.1, 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.

10.3.

Reservation of rights: Any rights not expressly granted in these Terms are reserved.

11. SERVICE ACCESS

11.1.

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.

11.2.

Suspension of access: Access to the Website may be suspended temporarily, at any time, and without notice.

11.3.

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.

12. LINKS TO AND FROM OTHER WEBSITES

12.1.

Third party websites: Links to any 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.

13. INTELLECTUAL PROPERTY RIGHTS

13.1.

IPR Ownership: All Intellectual Property Rights (as defined below) in or arising out of or in connection with any Products or the Website shall be owned by Menulog and nothing in these Terms shall constitute a transfer of those Intellectual Property Rights to you.

13.2.

Confirmation of non-infringement: You confirm irrevocably to each of Menulog and each of its Menulog Shop partners, agents, affiliates and subcontractors (" Menulog Agents ") that your name, menu, logo and any other material that you may provide to Menulog and/or any Menulog Agents for inclusion in or printing on any Co-Branded Products do not violate, infringe or conflict with Intellectual Property Rights of any third party.

13.3.

IPR Indemnity: If a third party makes a claim against Menulog or any of the Menulog Agents for the violation of the third party's Intellectual Property Rights relating to your name, menu, logo and/or other material that you may provide to Menulog and/or any Menulog Agents for inclusion in or printing on any Co-Branded Products, you shall fully indemnify and keep each of Menulog and such Menulog Agents indemnified against any claim of any nature and all costs resulting there from.

13.4.

Definition of IPR: "Intellectual Property Rights" or "IPR" means: all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

14. DISCLAIMERS

14.1.

Website information: While we try to ensure that information on the Website is correct, we do not promise it is accurate or complete. 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. The material on the Website may be out of date, and we make no commitment to update that material.

14.2.

Exclusion of terms: We provide you with access to the Website and Service on the basis that, to the maximum extent permitted by 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 Terms, by statute, common law or otherwise ).

15. LIABILITY

15.1.

No re-sale: We only supply the Products for use by your business, and you agree not to use the Product for any re-sale purposes.

15.2.

General: Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, any breach of the obligations and implied terms contained within the Consumer Guarantees Act 1993 (“Act”) in respect of title and undisturbed possession, defective products or any other liability which cannot be excluded or limited under applicable law. Nothing in these Terms affects your statutory rights.

15.3.

Exclusion of liability: Subject to clause 15.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if forseeable, 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:

15.3.1.

any loss of profits, sales, business, or revenue;

15.3.2.

loss or corruption of data, information or software;

15.3.3.

loss of business opportunity;

15.3.4.

loss of anticipated savings;

15.3.5.

loss of goodwill; or

15.3.6.

any indirect or consequential loss.

15.4.

Limitation of liability: Subject to clauses 15.2 and 15.3, 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 the price of any Products you order.

15.5.

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.

16. TERMINATION

16.1.

Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website and the Service, in whole or in part (including for clarity the Menulog Shop), immediately by notifying you in writing (including by email) for any reason, in particular (but without limitation) if we believe in our sole discretion that:

16.1.1.

you have used the Website in breach of clause 10.1 (License); or

16.1.2.

you have breached any other material terms of these Terms.

16.2.

Obligations upon termination: Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.

17. WRITTEN COMMUNICATIONS

17.1.

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 from the Menulog Shop, 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 or through other electronic means. 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.

18. EVENTS OUTSIDE OUR CONTROL

18.1.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control ("Force Majeure Event").

18.2.

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:

18.2.1.

strikes, lock-outs or other industrial action;

18.2.2.

civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

18.2.3.

fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

18.2.4.

impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

18.2.5.

impossibility of the use of public or private telecommunications networks; and

18.2.6.

the acts, decrees, legislation, regulations or restrictions of any government.

18.3.

Our performance under these 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 Terms may be performed despite the Force Majeure Event.

19. ADDITIONAL TERMS

19.1.

Privacy Policy: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is incorporated into these Terms by this reference and is available here.

19.2.

Other terms: You should also review our Cookies Policy for information regarding how and why we use cookies to improve the quality of the Website and Service, and our Voucher Terms and Conditions for information regarding the application of credits, credit vouchers and promotional discounts to Orders. All of these are incorporated into these Terms by this reference.

19.3.

Severability: If any of these 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.

19.4.

Entire agreement: These 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.

19.5.

No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of your or our rights or remedies.

19.6.

Assignment: You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these 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.

19.7.

Headings: The headings in these Terms are included for convenience only and shall not affect their interpretation.

20. GOVERNING LAW AND JURISDICTION

20.1.

These Terms shall be governed by and construed in accordance with New Zealand law. Disputes or claims arising in connection with these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the New Zealand Courts.

II. MENULOG CREDIT/VOUCHER TERMS & CONDITIONS

General

The following general terms and conditions (the " General Credit/Voucher Terms ") will apply to all credits and vouchers issued by Menulog from time to time for use on the Menulog Shop, including credits ("Credits"), vouchers with a credit value (" Paycode Vouchers ") and promotional discount vouchers ("Discount Vouchers", and together with Credits and Paycode Vouchers, "Credits/Vouchers").

Individual Credits/Vouchers will also be subject to, and the General Credit/Voucher Terms will be supplemented and/or modified by, additional terms and conditions (the "Specific Credit/Voucher Terms") that will be specified at the time the Credit/Voucher is issued.

Credits/Vouchers may only be redeemed towards the pre-GST value of Orders from the Menulog Shop and, with the exception of Credits, cannot be applied towards standard shipping costs.

Specific Terms of Use for Credits

Credits must be used by the deadline specified at the time the Credit is issued by applying, or requesting the application of, the Credit during the Order checkout process, and will expire if not applied by this date. Unless otherwise provided or specified at the time the Credit is issued, any Credit must be used within six (6) months of the date on which the Credit is issued.

If the Order value is less than the Credit value, no change or cash will be given. However, any balance will be left as a credit in the restaurant’s account.

If the Order value is more than the Credit value, the remaining balance must be paid in accordance with clause 9 of the Terms and Conditions of Use and Sale.

Specific Terms of Use for Paycode Vouchers

Paycode Vouchers must be used by the deadline specified on the Paycode Voucher and/or at the time the Paycode Voucher is issued by providing or entering the relevant voucher code ("Paycode Voucher Code"), and will expire if not applied by this date. Unless otherwise provided or specified in the Specific Credit/Voucher Terms, any Paycode Voucher must be used within six (6) months of the date on which the Paycode Voucher is issued.

If the Order value is less than the Paycode Voucher value, no change or cash will be given. If the Order value is more than the Paycode Voucher value, the remaining balance must be paid in accordance with clause 9 of the Terms and Conditions of Use and Sale.

Paycode Vouchers and Paycode Voucher Codes are only valid for one use. Once the Paycode Voucher Code has been used (whether in an authorised or unauthorised manner), the Paycode Voucher Code will be void. Paycode Voucher recipients are responsible for ensuring that their Paycode Voucher Codes are not used by someone else.

Specific Terms of Use for Discount Vouchers

10.

Discount Vouchers must be used by the deadline specified on the Discount Voucher and/or at the time the Discount Voucher is issued by providing or entering the relevant voucher code (" Discount Voucher Code "), and will expire after such date.

11.

In the event of 2,000 redemptions made per Discount Voucher Code, the Discount Voucher Code will automatically expire regardless of the expiry date.

General Terms of Use for All Credits/Vouchers

12.

Credits/Vouchers may only be used by restaurants on the Menulog online ordering platform at the time of the Order.

13.

The right to use a Credit/Voucher is personal to the original recipient and may not be transferred. No Credit/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, Credits/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.

14.

Unless otherwise provided or specified in the Specific Credit/Voucher Terms:

14.1.

Credits/Vouchers may not be used in conjunction with other Credits/Vouchers or any other discounts or promotions provided or advertised from time to time;

14.2

each Credit/Voucher will be valid for use by a recipient only once;

14.3

each restaurant is limited to one Credit/Voucher per promotion or offer; and

14.4

the right to use a Credit/Voucher is personal to the original recipient and may not be transferred.

15.

When you use a Credit/Voucher you warrant to us that you are the duly authorised recipient of the Credit 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 Credit/Voucher is being used in breach of these terms, unlawfully, illegally or in bad faith, we may reject or cancel the Credit/Voucher.

Miscellaneous

16.

Credits/Vouchers may not be exchanged for cash.

17.

We shall not be liable to you for any loss or claim arising out of the refusal, rejection, cancellation or withdrawal of any Credit/Voucher or any failure or inability on your part to use a Credit/Voucher for any reason.

18.

We reserve the right, at any time and in its sole discretion, to add to or amend these terms and conditions in relation to the use of Credits/Vouchers or to vary or terminate the operation of a Credit/Voucher at any time without notice.

19.

All standard terms and conditions from time to time for use of the Website and the Service apply.