Terms & Conditions

Genie Delivery Terms And Conditions Of Service

Welcome to Genie Delivery. This page (together with the documents referred to in it) tells you the terms (the “Terms”) which apply when you order any menu items (the "Items") from our Geniedelivery.co website or mobile applications and related services (each referred to as an “Application”).

Please read these Terms carefully before ordering any Items from our Application. If you have any questions relating to these Terms please contact support@geniedelivery.co before you place an order.

If you are a consumer, you have certain legal rights when you order Items using our Application. You can find more information about these rights at: https://www.accc.gov.au/consumers/consumer-rights-guarantees. Your legal rights are not affected by these Terms, which apply in addition to them and do not replace them. By setting up your Genie Delivery account, you confirm that you accept these Terms.

1. INFORMATION ABOUT US

Geniedelivery.co is operated by OZ BRANDS Pty Ltd ACN 651 972 771, a company incorporated in Australia, whose registered office is at Level 6, 333 Collins Street, Melbourne, Victoria, 3000, Australia. The terms “we” or “us” or “Genie Delivery” in these Terms refer to Genie Delivery Australia Pty Ltd In either case you may contact us at support@geniedelivery.co or by using the instant messaging facility on our Application.

2. PURPOSE

Our objective is to link you to the Retail Agents we partner with (“Partner Retail Agents") and allow you to order Items for delivery (our “Service”). Where you order from a Partner Restaurant, Genie Delivery acts as an agent on behalf of that Partner Retail Agent to conclude your order from our Application and to manage your experience throughout the order process. Once you have placed an order, your Items will be delivered to you by Genie Delivery (“Genie Delivery Delivery”) or our Partner Retail Agent (“Partner Delivery) (each a “Delivery”) depending on the Partner Retail Agent you have selected. In some cases, the Partner Retail Agent may be owned by or affiliated with us.

3. YOUR ACCOUNT

Before you can place orders for Items using our Application, you need to open a Genie Delivery account. When you open an account you may create a password, or other secure login method, and may also have to provide credit card details. You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you will be responsible to pay for any Items they order, and we are not responsible for any other losses you suffer, unless the person using your password obtained it because we did not keep it secure.

You may close your account at any time by requesting to do so in your account section of our website or contacting us using the contact details above. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff, or any other good reason). If we close your account permanently, we will refund any remaining account credit you have validly obtained from our customer service team or Application following any issue by applying a credit to your registered credit card, or if that is not possible for any reason, by way of a bank transfer using bank details (provided you have supplied them to us).

4. SERVICE AVAILABILITY

Each Partner Retail Agent has a prescribed delivery area. This delivery area may change at any time due to a number of factors including weather, or demand on our service. This is to ensure that Items reach your door at their best. Our Partner Retail Agents each decide their own operating hours. That means that the availability of our Service, and the range of Partner Retail Agents from which you can order, depends on the Partner Retail Agents in your area. If you try to order a delivery to a location outside the delivery area or operating hours of a Partner Restaurant, or the Application is otherwise unavailable for any reason, we will notify you that ordering will not be possible.

5. ORDERS

When you place an order through our Application, it needs to be accepted by us or the Partner Retail Agent before it is confirmed. We will send you a notification if your order has been accepted (the "Confirmation Notice"). The contract for the supply of any Item you have ordered comes into existence when we send the Confirmation Notice. You are responsible for paying for all Items ordered using your account, and for related delivery charges, and for complying with these Terms, even if you have ordered the Item for someone else. Some Partner Retail Agents operate a minimum order value policy. This will be displayed on our Application. All Items are subject to availability. Partner Retail Agents may use nuts or other allergens in the preparation of certain Items. Please contact our Partner Retail Agent prior to ordering if you have an allergy. Genie Delivery cannot guarantee that any of the Items sold by our Partner Retail Agents are free of allergens.

6. DELIVERY

When you place an order you will have the choice to place it as an ASAP Delivery or a Scheduled Delivery. For an ASAP Delivery, we will tell you an estimated delivery time for your Item before you place the order, but we will attempt delivery as soon as possible; you must therefore be available to accept delivery from the time you place the order. For a Scheduled Delivery, we will tell you the time when the Item is expected to be delivered; you must be available to accept delivery for ten minutes before and ten minutes after that time.

Unfortunately, despite our, and our Partner Restaurant’s best efforts, things do not always go to plan and factors such as traffic and weather conditions may prevent us from delivering your Item on time. If your order is more than 15 minutes late, and we haven’t notified you giving you the option to cancel your order, we will work with you to make things right unless you have caused the delay (e.g. because you gave us the wrong address or did not come to the door).

We will attempt delivery at the address you provide to us when you place your order. If you need to change the delivery location after you have placed your order, we may be able to change the address to an alternative one that is registered with your account if you let us know before the driver has been dispatched, and the new address is within the same zone as the address you originally ordered your Item to. If we cannot change the delivery address, you have the option to cancel the order, but if product preparation has started you will be charged the full price for the Item, and if the driver has been despatched you will also be charged for delivery.

You will still be charged for the Item and for delivery in the event of a failed delivery if you have caused such failure for any reason. Reasons you might cause a delivery to fail include (but are not limited to):

You do not come to the door, did not pick up the phone when the driver contacted you using the contact information you have provided us and/or you picked up the phone but then failed to provide access within a reasonable amount of time, and the driver is unable to find a safe location to leave the product.
The driver refuses to deliver the Item to you in accordance with section 8 (Age Restricted Products).

7. YOUR RIGHTS IF SOMETHING IS WRONG WITH YOUR ITEMS

You have a legal right to receive goods which match their description, which are of acceptable quality, and which comply with any specific requirements you tell us about (and we agree to) before you place your order. If you believe that the Items you have been delivered do not comply with these legal rights, please let us know as you have a legal right to have the issue remedied. We may request a photograph showing the problem if it is something that can be seen by inspecting the Items. We will remedy any failure in accordance with your legal rights. This may include providing a refund or account credit in respect of the affected part of the Item, and also in respect of delivery if the whole order was affected, unless we have reasonable cause to believe that the problem was caused after delivery.

Prior to processing your refund or account credit, we may take into account relevant factors including the details of the order, including your account history, what happened on delivery and information from the Partner Retail Agent when determining the remedy that will apply in the circumstances.

8. AGE RESTRICTED PRODUCTS

Age restricted products (including, alcohol) can only be sold and delivered to persons aged 18 or over. By placing an order for an age restricted product, you confirm that you are at least 18 years old. Genie Delivery operates an age verification policy whereby customers ordering age restricted products will be asked by the delivery driver to provide proof that they are aged 18 or over before the delivery is completed. The driver may refuse to deliver any age restricted product to any person unless they can provide valid photo ID proving that they are 18 or over. The Partner Retail Agent and the delivery driver may refuse to deliver alcohol to any person who is, or appears to be under the influence of either alcohol or drugs. If delivery of any age restricted product is refused, you will still be charged for the relevant Item and for delivery.

Genie Delivery supports the responsible service of alcohol.

9. CANCELLATION

You may cancel an order without charge at any time before the Partner Retail Agent has started preparing the product (a "Started Order"). If you wish to cancel an order before it becomes a Started Order, please contact us immediately, via our Application. If the Partner Retail Agent confirms the order was not a Started Order, we will refund your payment using the same payment method as you used to originally pay for the order (excluding any discount, or Voucher that was applied to the order - see Voucher and Account Credit Terms for more detail https://Geniedelivery.co). If you cancel any order after it becomes a Started Order, you will be charged the full price for the Items, and if the driver has been despatched you will also be charged for delivery.

Genie Delivery and the Partner Retail Agent may notify you that an order has been cancelled at any time. You will not be charged for any orders cancelled by us or the Partner Restaurant, and we will reimburse you for any payment already made using the same method you used to pay for your order. We may also apply credit to your account to reflect the inconvenience caused.

10. PRICES, PAYMENT AND OFFERS

Prices include GST. You confirm that you are using our Service for personal, non-commercial use. Genie Delivery may operate dynamic pricing some of the time, which means that prices of Items and delivery may change while you are browsing. Prices can also change at any time at the discretion of the Partner Retail Agents. We reserve the right to charge a Service Fee, which may be subject to change, for the provision of our Services. You will be notified of any applicable Service Fee and taxes prior to purchase on the checkout page on our Application. No changes will affect orders after a Confirmation Notice has been issued orders. Nor will changes to prices affect any orders in process and appearing within your basket, provided you complete the order within 2 hours of creating the basket. If you do not conclude the order before the 2 hour cut-off the items will be removed from your basket automatically and the price change will apply. If there is an obvious pricing mistake we will notify you as soon as we can and you will have the choice of confirming the order at the original price or cancelling the order without charge and with a full refund of any money already paid. Where Genie Delivery or any Partner Retail Agent makes a delivery, we or the Partner Retail Agent may also charge you a delivery fee. This will be notified to you during the order process before you complete your order.

The total price of your order will be set out on the checkout page on our Application, including the prices of Items and Delivery and applicable Service Fees and taxes.

Payment for all Items and deliveries can be made on our Application by credit or debit card, or other payment method made available by Genie Delivery. Once your order has been confirmed your credit or debit card will be authorised and the total amount marked for payment. Payment is made directly to Genie Delivery acting as agent on behalf of the Partner Retail Agent only. Payment may also be made by using vouchers or account credit. Use of these is subject to Genie Delivery's Voucher and Account Credit Terms https://Geniedelivery.co

We are authorised by our Partner Retail Agents to accept payment on their behalf and payment of the price of any Items or delivery charges to us will fulfil your obligation to pay the price to the Partner Restaurant.

Partner Retail Agents sometimes make special offers available through our Application. These are visible when you look at a Partner Retail Agent menu. These offers are at the discretion of the Partner Retail Agents. Unless the offer terms state a fixed or minimum period for which an offer will be available, it can be withdrawn at any time, unless you have already placed an order based on the offer and we have sent the Confirmation Notice.

11. TIPS

When Placing Your Order:

When you place an order, you will have the option to make a discretionary payment in the form of a tip or gratuity to i) your rider and ii) your restaurant. The discretionary payment will form part of your overall order total and charged to your nominated payment method. In each case, your rider and your Retail Agent will receive 100% of any discretionary payment you choose to make.

After You’ve Received Your Order:

Once you’ve received your order, you may receive a notification that enables you to pay a tip to your rider at your discretion. Genie Delivery will collect payment on behalf of the rider, as their limited payment collection agent, and payment of the tips shall be considered a direct payment from you to the rider. Your rider will receive 100% of any discretionary payment you choose to make. As this payment is made after you receive your order, this payment is non-refundable and does not form part of your order. Depending on the payment method used for your original order, your tip may show up on your bank/credit card statement as a separate payment.

12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE THAT YOU SUFFER

We acknowledge that the Competition and Consumer Act 2010 (Cth) and other legislation implies or imposes statutory consumer guarantees, warranties and conditions into contracts for the supply of goods and services to consumers that can’t be excluded. Nothing in these Terms is intended to exclude or restrict the application of such non-excludable terms to these Terms.

Accordingly, nothing in these Terms affects any rights that you may have which we can’t by law exclude. If Genie Delivery breaches a non-excludable term or condition, it will be liable for that breach.

However, to the extent permitted by law, any liability of Genie Delivery is limited to the re-supply of the relevant Item, or payment of the cost of re-supplying the relevant goods or services again.

Subject to the information set out above in this clause 12, and to the maximum extent permitted by law:

we expressly disclaim any and all guarantees, conditions, warranties and liabilities with respect to type, acceptability, the fitness for purpose of our Services, the Application and its contents;
we make no representation or warranty of any kind regarding the availability, correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of the Services or the Application or its contents. Your use of the Application is at your own risk;
we will not be liable to you or any other person in connection with the Services, the Application or any Items obtained through them for any direct, indirect, incidental, special, consequential or punitive loss or damage, loss of profits, loss of actual or anticipated savings, loss of revenue, expectation, business, savings, data or unavailability of systems, other economic loss or other losses, whether arising under contract, statute, tort (including negligence) or otherwise;
we will not be liable for any use of or access to, or any inability to use or access, the Application or the Services, unless such loss arises as a result of our own negligence or wilful misconduct.

Our liability to you for any loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage whether our liability is in contract, tort (including negligence), under any statute or otherwise.

13. DATA PROTECTION

All personal information that you supply in connection with the Application will be collected, used, disclosed and managed by us in accordance with our Privacy Policy which can be found at https://Geniedelivery.co. You consent to Genie Delivery dealing with your personal information in accordance with the Privacy Policy.

14. OTHER TERMS

If either we or you have any right to enforce these Terms against the other, that right will not be lost even if the person who has the right delays enforcing it, or waives their right to enforce it in any instance. If a court decides that any part of these Terms is unenforceable, illegal or void, the rest of the terms will be unaffected and will remain in force.

We may change these Terms from time to time. If we make any changes which affect your rights in relation to our Service, we will take steps to notify you (for example, by posting an updated version of the terms on the Application). Changes to the Terms will not affect any orders you have placed where we have sent the Confirmation Notice.

These Terms are governed by the laws of the state of Victoria and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.

Genie Delivery Terms Of Use For Website And Applications

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website Genie Delivery.com.au (our "Site") or any application we make available via an app store or otherwise (our "Service"), whether as a guest or a registered user. Please read these terms of use carefully before you start to use or Site or our Service. By accessing our Site or by using our Service, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, do not use access our Site or use our Service.

1. Information About Us

Genie Delivery.com.au is a website operated by Genie Delivery Australia Pty Ltd 73 607 915 640 ("we" or "us" or "Genie Delivery"), ACN 607 915 640, whose registered office is at Level 1, 3 Wellington Road, St. Kilda, VIC 3182, Australia. Genie Delivery is a business where the product is prepared by independent Retail Agents (our "Partner Retail Agents") and delivered by us.

2. Accessing Our Service Or Our Services

Access to our Site and to our Service is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Site or our Service without notice (see below). We will not be liable if, for any reason, our Site or our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts our Site or our Service, or our entire Site or Service to users who have registered with us. You are responsible for maintaining the confidentially of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact support@geniedelivery.co straight away to let us know. We can deactivate your account at any time.

3. Acceptable Use

You may use our Service only for lawful purposes. You may not use our Site or our Service in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in clause 5 below. You also agree not to access without authority, interfere with, damage or disrupt any part of our Site or our Service or any network or equipment used in the provision of our Service.

4. Interactive Features Of Our Site

We may from time to time provide certain features which allow you to interact through our Site or our Service such as chat rooms. Generally, we do not moderate any interactive service we provide although we may remove content in contravention of these Terms of Use as set out in section 6. If we do decide to moderate an interactive service, we will make this clear before you use the service and normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

5. Content Standards

These content standards apply to any and all material which you contribute to our Service or Site (the "Contributions"), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contributions as well as to its whole. Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in Australia and in any country from which they are posted. Contributions must not:

contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any copyright, database right or trademark of any other person;
be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or promote any illegal activity;
be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or
advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

6. Suspension And Termination

Failure to comply with section 3 (Acceptable Use) and/or 5 (Content Standards) in these Terms of Use constitutes a material breach of the Terms of Use, and may result in our taking all or any of the following actions:

immediate, temporary or permanent withdrawal of your right to use our Service;
immediate, temporary or permanent removal of any posting or material uploaded by you to our Service;
issuing of a warning to you;
legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.

7. Intellectual Property Rights

We are the owner of or the licensee of all intellectual property rights in our Site and our Service, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.

8. Reliance On Information Posted

Commentary and other materials posted on our Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Service, or by anyone who may be informed of any of its contents.

9. Our Site And Our Service Change Regularly

We aim to update our Site and our Service regularly, and may change the content at any time. If the need arises, we may suspend access to our Site and our Service, or close them indefinitely. Any of the material on our Site or our Service may be out of date at any given time, and we are under no obligation to update such material.

10. Our Liability

To the maximum extent permitted by law, Genie Delivery provides our Service and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected. To the maximum extent permitted by law and subject as provided below, Genie Delivery and any Partner Retail Agent expressly disclaim all warranties and conditions with regard to any portion of our Service, including but not limited to all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement, and all responsibility for any loss, injury, claim, liability or damage of any kind, including resulting from, arising out of or any way related to:

any errors in or omissions from the Website, including but not limited to technical inaccuracies and typographical errors;
any third party contents therein directly or indirectly accessed through links in the Website, including but not limited to any errors or omissions;
the unavailability of the Service, or any portion; or
computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party content; or
our supply of Product as a Service to you in accordance with this agreement.

To the maximum extent permitted by law, neither Genie Delivery nor any Partner Retail Agent shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including, without limitation, negligence) or otherwise arising from your use of or your inability to use our Service. To the extent the foregoing limitation of liability is prohibited or despite the limitation above, in the event that Genie Delivery or the Partner Retail Agent is found to be liable to you, our total aggregate liability is limited to the purchase price of the Product you have paid for in your order.

If any warranties are implied by law that cannot be excluded, then to the maximum extent permitted by law, our liability for breach of such warranties is limited to, at our option:

in the case of products:
in the case of services:
Important: this does not include or limit in any way Genie Delivery's or any Partner Restaurant's liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including under theCompetition and Consumer Act 2010 (Cth), the statutory consumer guarantees under the Australian Consumer Law, or similar laws in the States and Territories of Australia.

11. Information About You And Your Visits To Our Site And Use Of Our Service

We collect certain data about you as a result of you using our Service. This is described in more detail in our privacy policy.

12. Uploading Material To Our Site And Our Service

Any material you upload to our Service or Site, or data that we collect as set out above (section 11) will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.

13. Links From Our Site

Where our Site 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.

14. Jurisdiction And Applicable Law

The Victorian courts will have jurisdiction over any claim arising from, or related to, a visit to our Site or use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the state of Victoria.

15. Variations

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.

16. Your Concerns

If you have any concerns about material which appears on our Service, please contact support@geniedelivery.co

Pick-up Terms Of Service

This section (together with the documents referred to in it) tells you the terms (the “Terms”) which apply when you order any menu items (the "Items") from our geniedelivery.co website or mobile applications and related services (each referred to as an “Application”) to be collected by you from the relevant Retail Agent (each a “Pick-up Order”).

Please read these Terms carefully before placing any Pick-up Orders on our Application. If you have any questions relating to these Terms please contact support@geniedelivery.co before you place a Pick-up Order. If you are a consumer, you have certain legal rights when you order Items using our Application. You can find more information about these rights at: https://www.accc.gov.au/consumers/consumer-rights-guarantees. Your legal rights are not affected by these Terms, which apply in addition to them and do not replace them. By setting up your Genie Delivery account, you confirm that you accept these Terms.

1. Information About Us

geniedelivery.co is operated by Oz Brands Pty Ltd ACN 651 972 771 a company incorporated in Australia and whose registered office is Level 6, 333 Collins Street, Melbourne VIC 3000. Our ABN is 67 651 972 771. You may contact us at support@geniedelivery.co or by using the instant messaging facility on our Application.

2. Purpose

Our objective is to link you to the Retail Agents we partner with (“Partner Retail Agents") and allow you to order Items for collection (our “Service”). Where you order from a Partner Restaurant, Genie Delivery acts as an agent on behalf of that Partner Retail Agent to conclude your Pick-up Order from our Application and to manage your experience throughout the order process. Once you have placed a Pick-up Order, you will be required to collect your Items directly from the Partner Retail Agent at the location specified in the Application (the “Pick-up Location”). In some cases, the Partner Retail Agent may be owned by or affiliated with us.

3. Your Account

Before you can place Pick-up Orders using our Application, you need to open a Genie Delivery account. If you have a Genie Delivery account for delivery orders, you will use the same account for Pick-up Orders. If you open an account for Pick-up Orders, you will also use that account for delivery orders. When you open an account you may create a password, or other secure login method, and may also have to provide credit card details. You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you will be responsible to pay for any Items they order, and we are not responsible for any other losses you suffer, unless the person using your password obtained it because we did not keep it secure.

You may close your account at any time by requesting to do so in your account section of our website or contacting us using the contact details above. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff, or any other good reason). If we close your account permanently we will refund any remaining account credit you have validly obtained from our customer service team or Application following any issue with a Pick-up Order, by applying a credit to your registered credit card, or if that is not possible for any reason, by way of a bank transfer using bank details (provided you have supplied them to us).

4. Service Availability

You will be able to place Pick-up Orders from a range of Partner Retail Agents within a prescribed area, based on proximity to your current location on the Application. Our Partner Retail Agents each decide their own operating hours. That means that the availability of our Service, and the range of Partner Retail Agents from which you can order to pick-up, depends on the Partner Retail Agents in your area. If you try to place a Pick-up Order outside the operating hours of a Partner Restaurant, or the Application is otherwise unavailable for any reason, we will notify you that ordering will not be possible.

5. Pick-up Orders

When you place a Pick-up Order through our Application, it needs to be accepted by us or the Partner Retail Agent before it is confirmed. Your Pick-up Order may be rejected at any time. Our Partner Retail Agents may, for example, reject your Pick-up Order if they are too busy or the Items you have ordered are temporarily unavailable.

We will send you a notification if your Pick-up Order has been accepted (the "Confirmation Notice"). The contract for the supply of any Item you have ordered comes into existence when we send the Confirmation Notice. You are responsible for paying for all Items ordered using your account and for complying with these Terms, even if you have ordered the Item for someone else. Some Partner Retail Agents operate a minimum order value policy. This will be displayed on our Application. All Items are subject to availability.

Partner Retail Agents may use nuts or other allergens in the preparation of certain Items. Please contact our Partner Retail Agent prior to ordering if you have an allergy. Genie Delivery cannot guarantee that any of the Items sold by our Partner Retail Agents are free of allergens.

6. Pick-up

When you place a Pick-up Order which is accepted by the Partner Restaurant, the Partner Retail Agent will tell you the time when your Items are expected to be ready for pick-up (“Target Pick-up Time”). The Target Pick-up Time is not guaranteed by either us or our Partner Retail Agents. You will be required to collect your Items directly from the Partner Retail Agent at the Pick-up Location. You must arrive at the Partner Retail Agent to collect your Items at or just before the Target Pick-up Time. Our Partner Retail Agents will hold your Items for you for 30 minutes after the Target Pick-up Time. If you fail to collect your Items within 30 minutes after the Target Pick-up Time, the Partner Retail Agent may dispose of your Items. You will still be charged for the Item in the event you fail to pick-up your Item from the Partner Restaurant.

Unfortunately, despite our, and our Partner Retail Agents’, best efforts things do not always go to plan and there may be times when your Items are not ready for pick-up at the Target Pick-up Time. If your order is not ready more than 15 minutes after the Target Pick-up Time, we will work with you to make things right unless you have caused the delay (e.g. because you changed your Pick-up Order after it was confirmed).

7. Your Rights if Something is Wrong With Your Items

You have a legal right to receive goods which comply with their description, which are of acceptable quality and which comply with any specific requirements you tell us about (and we agree to) before you place your Pick-up Order. If you are still at the Pick-up Location and you believe that the Items you have picked up do not comply with these legal rights, please raise this issue with the Partner Retail Agent directly so they can try to resolve your issue.

If you have left the Pick-up Location by the time that you believe the Items you have picked up do not comply with your legal rights, or if the Partner Retail Agent is unable to resolve your issue in the first instance, then please let us know. We may request a photograph showing the problem if it is something that can be seen by inspecting the Items. We will provide a refund or account credit in respect of the affected part of the Item, unless we have reasonable cause to believe that the problem was caused after pick-up.

Prior to processing your refund or account credit, we may take into account relevant factors including the details of the Pick-up Order, your account history, what happened on or immediately after pick-up and information from the Partner Restaurant.

8. Age Restricted Products

Age restricted products (including, without limitation, alcohol, tobacco and cigarettes) can only be sold to persons aged 18 or over. By placing a Pick-up Order for an age restricted product, you confirm that you are at least 18 years old. Genie Delivery operates the Challenge 25 age verification policy whereby customers who look younger than 25 years old will be asked by the Partner Retail Agent to provide proof that they are aged 18 or over. Partner Retail Agents may refuse to sell any age restricted product to any person who does not look aged 25 unless they can provide valid photo ID proving that they are aged 18 or over. The Partner Retail Agents may also refuse to sell alcohol to any person who is, or appears to be under the influence of either alcohol or drugs. If the sale of any age restricted product is refused, and the Partner Retail Agent confirms to Genie Delivery that the relevant Item was not provided to you, Genie Delivery will process a refund for the relevant Item to the card from which you paid for your Pick-up Order. If you paid for your Pick-up Order in cash at the Partner Restaurant, the Partner Retail Agent will process the refund for you.

Genie Delivery supports the responsible service of alcohol.

9. Cancellation

You may cancel a Pick-up Order without charge at any time before the Retail Agent Partner has started preparing the product (a "Started Order"). If you wish to cancel a Pick-up Order before it becomes a Started Order, please contact us immediately via our Application. If the Partner Retail Agent confirms the Pick-up Order was not a Started Order, we will refund your payment (excluding any discount, or Voucher that was applied to the Pick-up Order - see Voucher and Account Credit Terms for more detail). If you cancel any Pick-up Order after it becomes a Started Order, you will be charged the full price for the Items.

Genie Delivery and the Partner Retail Agent may notify you that a Pick-up Order has been cancelled at any time. You will not be charged for any Pick-up Orders cancelled by us or the Partner Restaurant, and we will reimburse you for any payment already made using the same method you used to pay for your Pick-up Order. We may also apply credit to your account to reflect the inconvenience caused.

10. Prices, Payment and Offers

Prices include GST. You confirm that you are using our Service for personal, non-commercial use. Genie Delivery may operate dynamic pricing some of the time, which means that prices of Items may change while you are browsing. Prices can also change at any time at the discretion of the Partner Retail Agents. We reserve the right to charge a Service Fee, which may be subject to change, for the provision of our Services. You will be notified of any applicable Service Fee and taxes prior to purchase on the checkout page on our Application. No changes will affect existing confirmed Pick-up Orders, unless there is an obvious pricing mistake. Nor will changes to prices affect any Pick-up Orders in process and appearing within your basket, provided you complete and place the Pick-up Order within 2 hours of creating the basket. If you do not conclude the Pick-up Order before the 2 hour cut-off, the items will be removed from your basket automatically and the price change will apply if you re-add the relevant items to your basket. If there is an obvious pricing mistake we will notify you as soon as we can and you will have the choice of confirming the Pick-up Order at the original price or cancelling the Pick-up Order without charge and with a full refund of any money already paid.

The total price of your Pick-up Order will be set out on the checkout page on our Application, including the prices of Items and applicable Service Fees and taxes.

We are authorised by our Partner Retail Agents to accept payment on their behalf and payment of the price of any Items to us will fulfil your obligation to pay the price to the Partner Restaurant. Payment for all Items can be made on our Application by credit or debit card, or such other payment method made available by Genie Delivery. Once your Pick-up Order has been confirmed, your credit or debit card will be authorised and the total amount marked for payment. Payment is made directly to Genie Delivery acting as agent on behalf of the Partner Retail Agent only. Payment may also be made by using vouchers or account credit. Use of these is subject to Genie Delivery's Voucher and Account Credit Terms.

In some cases, you can alternatively make your payment in cash directly to the Partner Retail Agent by paying the driver at the time of pick-up. Where cash payment is possible, this will be made clear on our Application before you place your order. Otherwise, all payments for Pick-up Orders must be made on our Application by credit or debit card, or such other payment method made available by Genie Delivery.

Unless you are permitted to make your payment in cash directly to the Partner Retail Agent (in which case you will pay for your Pick-up Order at the time of pick-up), you are not required to make any further payments when you pick-up your Pick-up Order from the relevant Partner Restaurant. In the unlikely event that a Partner Retail Agent requests additional payments from you on pick-up, do not make any such payment and contact us immediately through the Application. We have no liability for any payments you make to a Partner Retail Agent when collecting your Pick-up Order.

11. Our Responsibility for Loss or Damage That You Suffer

However, to the extent permitted by law, any liability of Genie Delivery is limited to the re-supply of the relevant Item, or payment of the cost of re-supplying the relevant goods or services again.

Subject to the information set out above in this clause 11, and to the maximum extent permitted by law:

· We expressly disclaim any and all guarantees, conditions, warranties and liabilities with respect to type, acceptability, the fitness for purpose of our Services, the Application and its contents;

· We make no representation or warranty of any kind regarding the availability, correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of the Services or the Application or its contents. Your use of the Application is at your own risk;

· We will not be liable to you or any other person in connection with the Services, the Application or any Items obtained through them for any direct, indirect, incidental, special, consequential or punitive loss or damage, loss of profits, loss of actual or anticipated savings, loss of revenue, expectation, business, savings, data or unavailability of systems, other economic loss or other losses, whether arising under contract, statute, tort (including negligence) or otherwise;

· We will not be liable for any use of or access to, or any inability to use or access, the Application or the Services, unless such loss arises as a result of our own negligence or wilful misconduct.

12. Data Protection

All personal information that you supply in connection with the Application will be collected, used, disclosed and managed by us in accordance with our Privacy Policy which can be found at https://geniedelivery.co.You consent to Genie Delivery dealing with your personal information in accordance with the Privacy Policy.

13. Other Terms

If either we or you have any right to enforce these Terms against the other, that right will not be lost even if the person who has the right delays enforcing it, or waive their right to enforce it in any instance. If a court or other authority decides that any part of these Terms is illegal or ineffective, the rest of the terms will be unaffected and will remain in force.

We may change these Terms from time to time. If we make any changes which affect your rights in relation to our Service, we will notify you. Changes to the Terms will not affect any orders you have placed where we have sent the Confirmation Notice.

These Terms are governed by the laws of the state of Victoria and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.

Genie Delivery New User Offers

Terms and Conditions

From time to time, Genie Delivery may make special offers available to new users of our platform.

You may only be entitled to one new user offer.
You must be a new customer of Genie Delivery who does not currently have a Genie Delivery account. If you have previously had a Genie Delivery account you will not be eligible.

Referral Program

Terms And Conditions

This Referral Program is open to selected Genie Delivery customers (‘you’/’user') aged 18 or over who have made at least 1 Genie Delivery order. These Referral Program Terms apply to your participation in the Referral Program. These Referral Program Terms apply together with the Genie Delivery Terms and Conditions of Service, together with the Voucher and Account Credit Terms. In the case of any inconsistency, the following order of precedence will apply: (i) Genie Delivery Terms and Conditions of Service; (ii) Voucher and Account Credit Terms; and then (iii) Referral Program Terms. Capitalised words used in these Referral Program Terms have the same meanings as in our Terms and Conditions of Service unless they are defined in these Referral Program Terms.
We will notify you by email that you are eligible for the Referral Program. The email will include a unique link. Simply share your unique link with a friend or relative (aged 18 or over) who does not live at the same address as you and who you think would benefit from the Genie Delivery service (a “referral”). If anyone to whom you give a referral goes on to place a Genie Delivery order using that unique link, we will apply to your account the amount of Genie Delivery Voucher credit stated in the email we sent to you with the unique link. It may take up to seven days after your relative or friend places a referral order before the Voucher credit is applied to your account. Voucher credits received under the Referral Program can be redeemed at any Partner Retail Agent and expire automatically within the period stated in the promotional materials or other associated Genie Delivery materials.
Unique links may only be used for personal and non-commercial purposes. This means that you can share your unique link with your personal connections via your own social media accounts (eg your personal Facebook, Twitter or Instagram account) but not on sites where you are a contributor but not the account owner (eg Facebook business accounts or groups, Wikipedia, Google Reviews, coupon websites). Promoting your referral code via Search Engine Marketing (eg AdWords / Yahoo / Bing) is also not allowed. If we become aware that you have made your unique link available in any of these ways we may deactivate it without telling you. We will not be responsible for any losses you suffer if we deactivate your account for this reason.
We may change or discontinue the Referral Program at any time. We will give advance notice of discontinuance on our Site. Voucher credit already applied to your account as a result of referrals will remain available for the period as stated in Clause 2 above, even if the Referral Program is discontinued.
Referral credits are Vouchers and are therefore subject to the above Voucher Terms and Conditions.
You may receive a Voucher credit for up to a maximum of 100 referrals. We reserve the right to change the maximum number of referrals for which Voucher credit is awarded at any time, though you will receive Voucher credit for any referral orders placed by your relatives or friends before the change.
The Promoter is OZ Brands Pty Ltd (ACN 651 972 771), Level 1, 333 Collins Street, Melbourne, Victoria, 3000, Australia.