Last updated 18-05-2026

JUST EAT Website Terms and Conditions

  1. Terms and Conditions of Use and Sale
  2. Promotional Voucher Terms and Conditions
  3. Competition Terms and Conditions
  4. StampCard Terms and Conditions

JUST EAT SPAIN S.L. (“JUST EAT”) WEBSITE TERMS AND CONDITIONS OF USE (“WEBSITE TERMS AND CONDITIONS”)

IMPORTANT LEGAL NOTICE

This page (together with our Privacy Policy and Cookie Policy) sets out the terms and conditions (“Website Terms”) under which JUST EAT Spain S.L. (hereunder “JUST EAT”) provides its services to you through the website https://www.just-eat.es or its mobile application JUST EAT, through which you can access the website or our services (hereunder, collectively “Website”). Please read these terms and conditions carefully before placing an Order on our website, as the purchase of any product offered on the website will be subject to these terms and conditions. You should understand that by placing an Order via the website (now or in the future), you agree to be bound by these Terms and Conditions. Use of the Website is also subject to these Terms and Conditions.

We reserve the right to modify these Terms and Conditions in accordance with section 2.3. These terms and conditions were last updated on the date at the top of this page.

We recommend that you print a copy of these Terms and Conditions for future reference.

The use of your personal information provided through the Website will be governed by our Privacy Policy and Cookie Policy.

For the avoidance of any doubt, please note that any reference to the term “Website” in these Terms and Conditions includes any current or future version of the https://www.just-eat.es website, as well as the JUST EAT mobile application through which you may access our website or services.

Please check the box at the end of these terms and conditions confirming your acceptance of them. Please understand that if you refuse to accept them, you will not be able to place Orders through our website.

I. TERMS AND CONDITIONS OF USE AND SALE

1. INTRODUCTION AND OUR ROLE

1.1. Company Data: JUST EAT is a company registered in the Company Registry of Madrid and with registered office at Calle Condesa de Venadito, nº 1, planta 2, 28027 Madrid.

1.2. CIF (Código de Identificación Fiscal [Company Tax Number]): The JUST EAT Company Tax Identification Number is B-86008539.

1.3. Service: We offer you a service so you may place Orders (“Orders”) for products (“Products”) with the restaurants, stores and other businesses listed on the JUST EAT Website (“Businesses”) (the “Service”). The binding contract for the supply and purchase of Products is between you and the Business that you place your Order with. JUST EAT will conclude the sale of the Products on behalf of, and as an agent for, the Businesses in all cases.

2. WEBSITE ACCESS AND TERMS

2.1. Website Access: Most areas of this Website are open to everyone and can be visited and accessed without placing an Order and/or entering your details.

2.2. Acceptance of Terms: By accessing any part of this Website, you are agreeing to the Website Terms. If you do not agree to these Website Terms, you should leave the Website immediately, and you will not be able to place Orders through the Website.

2.3. Changes to these terms and conditions: We may make some changes to these Website Terms but, in case of any significant change, we will inform you in advance of such changes becoming effective, unless the changes are required by applicable law. If you do not accept the changes, please do not use our Website. Please be aware that your continued use of our Website after the effective date of the proposed changes will constitute your acceptance of the revised Terms.

2.4. Responsibility: It is your sole responsibility to make all arrangements necessary for you to have access to the Website, and to ensure that all persons accessing the Website through your profile and/or internet connection are aware of and comply with these Website Terms.

3. YOUR STATUS

3.1. Legal capacity and age: You must be at least 18 years old to access and use our Website. To place an order on our Website, in addition to being at least 18 years old, you must be legally capable of entering into binding contracts with Businesses.

3.2. You acknowledge and accept that if you have, or someone you are ordering for has, an allergy or intolerance, you will contact the Business directly to verify that the Product they are going to supply meets your needs before ordering directly with them.

3.3 In relation to alcohol, tobacco products and other items with a legal age restriction (“Age Restricted Items”), you acknowledge and agree that:

3.3.1. In accordance with the provisions of Act 11/2010 of 17 December on the prevention of under-age drinking, it is prohibited to sell alcohol to persons under 18 years of age, or for persons over 18 years of age to buy alcohol for persons under 18 years of age;

3.3.2. In accordance with Act 42/2010, of 30 December, and Act 28/2005, of 26 December, on health measures against smoking and regulating the sale, supply, consumption and advertising of tobacco products, the sale of cigarettes to children under 18 years of age is prohibited;

3.3.3. The sale of certain other Age Restricted Items to minors is also prohibited; and

3.3.4. Orders containing Age Restricted Items cannot be accepted by persons under the age of 18.

4. HOW TO PLACE AN ORDER AND HOW IT IS PROCESSED

4.1. Compiling your Order: Once you have selected the Products you wish to order from your chosen Business, you can order by clicking the “Proceed”, “Place my Order” or similar button. Please note that it is important that you review the information you enter and correct any errors before clicking the “proceed” button as once you click this entry, errors cannot be corrected.

4.2. Where you have not logged in or created an account previously, then you may have the option to continue with your Order as a guest. By electing to complete your Order as a guest, you are agreeing that Just Eat will create a temporary Just Eat guest account for you which will, unless otherwise stated in these Website Terms, be accessible only (a) from the device which you use to place the Order; and (b) for a period of up to twelve months following the date of the Order. Your access to your temporary guest account will expire on the “Expiry Date” which shall be the earlier of (i) the date falling six months after the date on which you last accessed the temporary guest account; (ii) the date falling twelve months after the date on which the temporary guest account was created; and (iii) the date on which you logout of your temporary guest account, or clear the cache on the device which you used when the temporary guest account was created.

4.3. Amending or Cancelling your Order: Once you have submitted your Order and your payment has been authorised, you will not be able to cancel your Order and you will not be able to request a refund. (Please see section 4.4 for details on cancelling Orders). If you wish to change or cancel your Order, you may contact our Customer Care Team as described in section 6.3 and they will attempt to contact the Business to inform them of the requested changes. However, we cannot guarantee that we will be able to contact the Business or that the Business will agree with your changes, as they may have already started preparing your Order.

4.4. Payment Authorisation: Where any payment you make is not authorised, your Order will not be processed or communicated to the relevant Business.

4.5. Processing your Order and Business rejections: On receipt of your Order, JUST EAT will process your request and email you a notification that your Order has been received and is being processed.

Please note that any confirmation page that you may see on the Website and any Order confirmation email only implies that your Order has been received and is being processed by us, but not necessarily that the Business has accepted your Order. We encourage all our Businesses to accept all Orders and we try to immediately communicate any order rejection. We will try to notify you of a possible rejection of your Order as soon as possible (usually by email) but Businesses may reject Orders at any time, due to being too busy or, due to weather conditions or for any other reason.

4.6. Delivery times, variations and consumer rights: You can view estimated delivery times before you place your order. Once payment is confirmed, you will immediately be provided with information on your order status, including delivery if selected. Collection and delivery times are estimates and can change due to factors we can’t control such as, the partner preparing your order and their capacity, plus traffic and weather conditions. The collection and delivery time provided depends entirely on the operating model applicable to your order.

  • Establishment Delivery Model: For orders where the Establishment manages their own delivery service, we act solely as a commercial agent. In these cases, we do not provide our own estimates. Any delivery times shown and delivery services supplied are provided exclusively by the Establishment.
  • Just Eat Delivery Model: Since we manage the delivery, we can set a maximum delivery time of 2 hours from the Establishment’s acceptance of the order, except in cases of force majeure as set out in these Terms.

Consumer rights: We are committed to ensuring you receive your order within a reasonable timeframe. If your order is subject to a substantial or disproportionate delay compared to the estimate, your legal rights are guaranteed. You may contact Customer Services so that we can intervene and offer a solution, which may include a refund, in accordance with applicable regulations and the circumstances of the specific case.

4.7 Completion of the Ordering Process: The contracting process will end when the Order has been delivered to you and JUST EAT confirms whether you are satisfied with the service. JUST EAT will perform this check by sending an email to your user account, within forty-eight hours (48 hours) of Order delivery. Once you have completed the satisfaction survey, JUST EAT will send you an automatic email to thank you for the trust placed in us and, if applicable, to apologise for any inconvenience caused.

5. PRICE AND PAYMENT

5.1. Product Price and Delivery Charges: Product prices and delivery charges will be as indicated on this Website. These prices include the applicable VAT or indirect tax. Delivery charges will be added to the total amount due on your Order (including VAT or applicable indirect tax) only if you choose to deliver the Order to a location other than the establishment itself.

5.2. In addition, Just Eat will charge you a fixed amount as an Administration Fee for using the Just Eat Website for each Order you place with us. The amount of the Administration Fee will be set by Just Eat and in any case before finalising and paying your Order you can see the corresponding amount for that item.

This amount will be charged to the credit or debit card you have selected when paying for your Order. In the event that you have selected the cash payment option, this Administration Fee will be charged to you in cash when you collect your Order or when your Order is delivered, the Business being responsible for receiving this amount on behalf of Just Eat.

Just Eat will issue the corresponding simplified invoice for this item, which will be sent by Just Eat by email after your Order has been placed or will be delivered to you together with your Order. In the event that, for any reason, you do not receive this simplified invoice, you can request it from our Customer Care Team and we will send it to you as soon as possible.

5.3. Incorrect Pricing: This Website contains a large number of items and it is possible that some of the items may include incorrect prices. If the correct price for an Order is higher than the price stated on the Website, JUST EAT will normally contact you before the relevant Order is dispatched. In these cases, neither JUST EAT nor the relevant Business is under any obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.

5.4. Payment Methods: Payment for orders through the website must be made using a credit or debit card accepted by the Business or in cash at the place of delivery of the order.

5.5. Card Payments: If you pay by credit or debit card, you may be required to show the card to the Business at the time of delivery or collection as proof of identification and so that they can check that the card matches the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be debited from your bank account or charged to your credit or debit card.

5.6. Paycode Vouchers and Discount Vouchers: A Paycode Voucher or Discount Voucher may be applied to your Order if you use a promotional Voucher or code recognised by the Website and issued by JUST EAT. In the event that the Voucher does not cover the full amount of the Order, they are used in conjunction with a credit/debit card. Please refer to the Terms and Conditions set out in our VOUCHER TERMS AND CONDITIONS for all terms and conditions that apply to the use of Paycode and Discount Vouchers. Please note that due to standard banking procedures, your bank or card issuer will initially charge your account for the full Order amount (before applying any Paycode or Discount Voucher) for a period of 3 to 5 business days (or longer, depending on your bank or card issuer), and that amount will no longer be available in your account during that period. The Paycode or Discount Voucher will be applied at the time your bank or card issuer transfers the amount of your Order to us, at which time the credit or discount amount will not be transferred and instead the amount held by your bank or card issuer will be added to your account as an available balance. You acknowledge and agree that neither we nor the applicable Business are responsible for any possible delay by your bank or card issuer in releasing the amount into your account.

5.7. Rejected Orders: Due to normal banking practices, once you have placed an Order by credit or debit card and payment has been authorised, your bank or card issuer will place a hold for the full amount of your Order. If your Order is subsequently rejected by the Business (as described in paragraph 4.4 above) or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take between 3 to 5 business days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the applicable Business are responsible for any possible delay by your bank or card issuer in releasing the amount into your account.

6. CUSTOMER CARE

6.1. General: Customer care is extremely important to us. Subject to paragraphs 6.5 and 12, our Customer Care team will therefore try to assist you where possible if you have any problems with your Order. You can contact our Customer Care team by clicking or selecting the “Need help?", “Help” or similar button or by calling the telephone number shown on the Website.

6.2. Questions About your Order: If your Order is taking longer than expected or you have any other problems with your Order, you can contact our Customer Care Team as described above and one of our Customer Care Advisers will attempt to contact the Business to follow up on your query.

6.3. Changing or Cancelling your Order: If you wish to change or cancel your Order after it has been submitted and payment has been authorised, you may contact our Customer Care team as described above and they will attempt to contact the Business to communicate your requests. However, there is no guarantee that we will be able to reach the Business or that the Business will agree to your requests as they may have already started processing your Order.

6.4. Complaints or Feedback: In the event that you are dissatisfied with the quality of any Products or the service provided by a Business, please consider providing feedback in the form of ratings, comments and reviews on the Website (collectively, “Reviews”) to reflect your experience. Reviews are an important part of our quality control process.

6.5. Compensation: If you are dissatisfied with the quality of the products or services provided by a Business and would like a refund, proportional price reduction or any other form of compensation, you should contact the Business directly by submitting a complaint and, where appropriate, follow the complaint procedures available through the Business. If you are unable to contact the Business or the Business refuses to serve you, you may contact our Customer Care within 48 hours of placing your Order and one of our Customer Care Representatives will contact the Business to request compensation on your behalf. Please note that the binding contract for the supply and purchase of Products is between you and the Business you place your Order with. Also, please note that we have no control over the Businesses and the quality of the products or services they offer, and that we cannot be responsible for any liability or compensation that may apply to the Business.

7. RECOMMENDER SYSTEM

7.1 On our Website, we use recommendation systems to display information to you that will help you to discover relevant partners and offers. Further information on the recommendation systems that we use, and how these systems operate can be found in the Help Centre, here.

8. LICENCE

8.1. 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, provided you do so according to the following rules:

8.1.1. You must not make fraudulent use of the Website (including by hacking or \“scraping\").

8.1.2. Unless otherwise stated, the copyright and all other intellectual and industrial property rights in this Website and the content published on it (including but not limited to photographs and graphic images) are owned by JUST EAT or JUST EAT's licensors. These works are protected by copyright and intellectual property laws and conventions worldwide, and all rights are reserved. For the purposes of these Website Terms, any use of extracts from this Website other than that set out in section 8.1 is prohibited.

8.1.3. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 8.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.

8.1.4. You must ensure that JUST EAT’s status as the author of the content on this Website is always acknowledged.

8.1.5. 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 JUST EAT to do so.

8.2. Limitations on Use: Except as stated in paragraph 4.1, 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.

8.3. Reservation of Rights: All rights not expressly granted in these Website Terms are reserved.

9. WEBSITE ACCESS

9.1. Website Availability: Although JUST EAT tries to ensure that this Website is normally available twenty-four (24) hours a day, JUST EAT will not be liable if this Website is unavailable at any time or for any period of time.

9.2. Suspension of Access: Access to this Website may be temporarily suspended without notice.

9.3. Information Security: Unfortunately, the transmission of information over 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.

10. USER-GENERATED CONTENT

10.1. Any material other than personally identifiable information, which is transmitted or posted or uploaded by the user on this Website (including, by way of example and not limited to, any Reviews) is considered non-confidential (hereinafter the "User Content").

10.2. By posting, uploading or transmitting any User Content, you represent and warrant that you own or otherwise control all of the rights in and to the User Content and that you are solely responsible for such content. You agree that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any User Content and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.

10.3. You are prohibited from posting, uploading, or transmitting to or from the Website, any User Content (including Reviews) that:

(a) is in violation of any applicable local, national or international law;

(b) is unlawful or deceptive;

(c) amounts to unauthorized advertising;

(d) contains viruses or any other harmful programs; or

(e) is in breach of our policies, including but not limited to our Review moderation policy available in our Help Centre, here.

10.4. You are responsible for ensuring that your User Content complies with our policies and these Website Terms. We use a combination of human review and algorithmic decision making to check the compliance of User Content with those terms and we reserve the right to moderate (which may include removing) any content that we deem to be in violation of our policies, these Website Terms or applicable law. The list of prohibitions in article 10.3 above is not exhaustive and JUST-EAT may moderate User Content which is otherwise objectionable or may expose JUST-EAT or any other third party to prejudice or liability of any kind or for any other reason.

10.5. Reporting and Take Down: You are encouraged to report any content that you believe violates our policies or these Website Terms. We will review all reported content and take appropriate action, which may include removing the content or suspending the user who posted, transmitted or uploaded the content.

10.6. You can find more information on our policies and measures around content moderation in the following Help Centre article. This Help Centre article also explains how to report content on our Website or appeal a moderation decision (which can include our decision not to take action), how we manage these requests and handle user’s misuse of our processes.

10.7. Use of User Content: User Content contained on the Website is for informational purposes only and does not constitute a recommendation by JUST-EAT. Reviews and other User Content reflect the views of customers who have ordered through the Website or other third parties and any statements, advice or opinions provided by such parties are theirs alone. Accordingly, to the maximum extent permitted by law, JUST-EAT assumes no responsibility or liability to any person in connection with any Reviews or other User Content, including, without limitation, in relation to errors, defamation, obscenity, omissions or falsehoods that may be found in such contents.

10.8. Cooperation with Law Enforcement: We will cooperate with law enforcement officials in their investigations of illegal content. This may include providing information about users who have posted, uploaded or otherwise transmitted illegal content or content in violation of our Website Terms.

10.9. Your liability for User Content: We are not responsible for the content that is uploaded by users. We do not endorse or approve any user-generated content. You agree to indemnify JUST-EAT for any loss, damage or claim (and all related costs) incurred by JUST-EAT or asserted against it by a Business or other party third party and which arise out of, or in connection with, any User Content provided by you in violation of any representations, warranties, undertakings or restrictions set forth in this section 10.

11. LINKS TO, AND FROM, OTHER WEBSITES

11.1. Third party websites: Links to third-party websites on this Website are provided solely for your convenience. If you use these links you leave this Website. JUST EAT has not reviewed and does not control all of these third-party websites (and is not responsible for these pages, their content or availability). JUST EAT does not endorse or make any representations in relation to them, their content or with the results from using such websites or content. If you choose to access any of these third party websites linked to this Website, you will do so entirely at your own risk.

11.2. Linking Permission: You may link to the Website's homepage (www.just-eat.es), provided that:

11.2.1. You do so in a fair and legal way which does not damage or take advantage of JUST EAT’s reputation.

11.2.2. You do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by JUST EAT where none exists.

11.2.3. Any website from which you link must comply with the content standards set out in these Website Terms (in particular paragraph 10 (User Content and Reviews)).

11.2.4. JUST EAT has the right to withdraw linking permission at any time and for any reason.

12. WAIVER OF LIABILITY

12.1. Website Information: Although JUST EAT attempts to ensure that the information on this Website is correct, we do not promise that it is accurate or complete. JUST EAT may make changes to the content of this Website, or to the services and prices described therein, at any time and without notice. The content of this Website may be out of date and JUST EAT make no commitment to update that content.

12.2. Allergy, dietary and other Product information: When a Business starts working with Just Eat, it is their responsibility to provide us with up-to-date information about their Products. We include this information on a page within our website and app. Where this information includes allergy or dietary information, we will do our best to republish this information on the website or app exactly as it has been provided to us by the Business. If you have, or someone you are ordering for has, a concern about allergies, intolerances or dietary preferences, you should always contact the Business directly to check if the Products you are going to choose suit your needs. Please do not leave a note for the Business in the comments section about allergies or intolerances. It is important that you speak directly with the Business that supplies your Products to ensure that the Order truly meets your requirements.

12.3. Business actions and omissions: The legal relationship for the delivery and purchase of an Order is between you and the Business you are ordering from. We have no control over the actions or omissions of any Business. By using the Website, you agree and acknowledge, without limitation, that:

12.3.1. We do not give any undertaking that the Products ordered from any Business through the Website will be of satisfactory quality or suitable in your opinion, and we refuse any such warranties.

12.3.2. Estimated times for deliveries and collections are provided by the Businesses and are only estimates. Neither we nor the Businesses guarantee that Orders will be delivered or will be available for collection within the estimated times.

12.3.3. We encourage all our Businesses to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Business rejects your Order. However, we do not guarantee that Businesses will accept and fulfil all Orders, and Businesses have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason.

12.3.4. The above disclaimers do not affect your statutory rights against any Business.

12.4. Exclusion: Access to this Website and our services is permitted on the basis that we exclude to the extent legally permitted any representations, warranties, conditions and/or obligations (including any conditions imposed by law that, but for the Conditions of this Website, would apply in relation to this Website and the services we provide).

13. LIABILITY

13.1. General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from JUST EAT negligence, JUST EAT liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.

13.2. Exclusion of Liability: Notwithstanding clause 13.1, JUST EAT will under no circumstances whatever be liable to you, whether in contract, tort, including negligence, (including the use, inability to use or the results of use of the Service or Website) for:

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

13.2.2. loss or corruption of data, information or software;

13.2.3. loss of business opportunities;

13.2.4. loss of anticipated savings;

13.2.5. loss of goodwill, or

13.2.6. any indirect or consequential loss.

13.3. Limitation of Liability: Subject to clauses 12, 13.1 and 13.2, JUST EAT’s total liability to you in respect of all other losses arising under or in connection with the Website or your use of it and the services we provide, including (by way of example only) liability for breach of these Website Terms and tort liability (including, by way of example, negligence), is limited to an amount equal to twice the value of your Order or €113, whichever is less.

13.4. 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, licence or otherwise use.

14. TERMINATION

14.1. Grounds for Termination: JUST EAT may immediately terminate or suspend (at its discretion) both your right to use this Website and your use of the services, by notifying you in writing (including via email) if:

14.1.1. you have used the Website in breach of paragraph 7.1 (Licence);

14.1.2. you have posted opinions or other User Content in breach of the provisions of paragraph 10.2 and 10.3 (User-Generated Content);

14.1.3. you have breached paragraph 11.2 (Links to and From Other Websites);

14.1.4. you have breached any other terms of these Website Terms; or

14.1.5. there is misuse, unauthorised, fraudulent or otherwise suspicious activity taking place on your account.

14.2. Obligations Upon Termination of the Contract: Upon termination or suspension, you must immediately destroy any extracts downloaded or printed from this Website.

15. WRITTEN COMMUNICATIONS

By using our website, you agree that communications to you will be primarily electronic. We will contact you by email or provide you with the information by posting it on our Website. For contractual purposes, you accept these means of communication and acknowledge the validity of the contracts, notifications, information and other communications that we provide to you through these means. This condition does not affect your rights.

16. EVENTS OUTSIDE OUR CONTROL

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

16.2. Force Majeure means any act, event, omission or accident that is beyond our control and in particular includes (but is not limited to) the following:

16.2.1. strikes, work stoppages or other industrial action;

16.2.2. civil commotion, riots, invasions, terrorist attacks, wars (whether declared or not) or threats or preparations for war;

16.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemics or other natural disaster;

16.2.4. inability to use railways, ships, aircraft, motor transport or any other type of public or private transport;

16.2.5. inability to use public or private telecommunications networks and

16.2.6. the acts, decrees, legislation, regulation or restrictions of any government.

16.3. Our obligations under these Website Terms will be suspended for the duration of the Force Majeure Event and we will have an extension of the term for the fulfilment of our obligations for the duration of that period. We will endeavour by all means to end the force majeure event or find a solution by which we may perform our obligations under these Website Terms despite the Force Majeure Event.

17. ADDITIONAL TERMS

17.1. Privacy Policy: We are committed to protecting your privacy and security. All personal data we collect from you will be processed in accordance with our Privacy Policies and the provisions of Organic Act 15/1999, of 13 December, on the Protection of Personal Data. You should review our Privacy Policies, which are considered as incorporated into these Website Terms by this reference to them and are available here.

17.2. Other Terms: You should also review our Cookie Policy for information on how and why we use cookies to improve the quality of the site and service, our Discount Voucher Terms and Conditions for information on the use of promotional credits and discounts on the Website and our Competition Terms and Conditions for information on the Terms and Conditions of Competitions that we may run from time to time. They are all incorporated into these Website Terms by this reference to them.

17.3. Nullity: If any provision, or any part thereof, of these Website Terms is declared unlawful, null or otherwise unenforceable by any court or competent authority, such provision or part thereof will be severed from these Website Terms, and the rest of these Website Terms will apply as if the unlawful, null or otherwise unenforceable provision, or part thereof, had never been agreed.

17.4. Entire Agreement: Any failure (in whole or in part) to enforce, or delay in enforcing, any provision of these Website Terms by you will not be construed as a waiver of your or our rights and remedies.

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

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

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

JUST EAT will pursue a breach of these terms and conditions as well as any misuse of its website.

18. APPLICABLE LAW AND JURISDICTION

These Website Terms will be governed by and construed in accordance with Spanish law. JUST EAT and the user, expressly waiving any other jurisdiction or applicable legislation that may correspond to them, submit to the legislation of Spanish common law and to the jurisdiction of the Courts and Tribunals of the city of Madrid (Spain), unless the applicable legislation imperatively determines another jurisdiction or different legislation.

II. JUST EAT PROMOTIONAL VOUCHER TERMS AND CONDITIONS

General

1. The following general terms and conditions (the “General Terms”) will apply to all Vouchers issued by JUST EAT for use on the Website, including Paycode vouchers (“Paycode Vouchers”) and promotional discount vouchers (“Discount Vouchers”), (collectively, “Vouchers”).

2. Individual Vouchers will also be subject to, and the General Voucher Terms will be supplemented and/or modified by, specific terms and conditions (the “Specific Voucher Terms”) that will be specified on the Voucher or at the time the Voucher is issued.

3. Vouchers may only be redeemed in online Orders from Businesses made through the Website.

Specific Terms of Use for Paycode Vouchers

4. Paycode Vouchers must be used through a customer account registered on www.just-eat.es before the term indicated on the Voucher itself and/or at the time it is issued by entering the Voucher code (“Paycode Voucher Code”), and will expire if not used before that date. If the Voucher is applied before the expiry date, the customer account will be credited by the relevant amount. Unless otherwise provided or specified in the Specific Voucher Terms, any voucher credit must be used within six (6) months of the date on which the Paycode Voucher is issued.

5. If the Order value is less than the Paycode Voucher value that has been credited to the customer account, no change or cash will be given for the difference. However, any balance will be left as a credit in the customer account, and may be redeemed against subsequent Orders.

6. If the Order value is more than the Paycode Voucher value that has been credited to the customer account, the remaining balance must be paid using a debit or credit card.

7. 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

8. Discount Vouchers must be used by the deadline specified on the Discount Voucher and/or at the time the Discount Voucher is issued by entering the relevant Voucher code (“Discount Voucher Code”), and will expire after such date. In order to make use of any Voucher, the user must always pay by credit card or PayPal.

9. 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 Vouchers

10. The right to use a Voucher is personal to the original recipient and may not be transferred. No 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 the prior written permission of JUST EAT. In particular, Vouchers distributed or circulated without our written approval, for example on an Internet message board or on a “deals” website, are not valid for use and may be refused or cancelled.

11. Unless otherwise provided or specified in the Specific Voucher Terms:

11.1 Vouchers may not be used in conjunction with other Vouchers or any other discounts or promotions provided or advertised;

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

11.3 each customer or household is limited to one Voucher per promotion or offer; and

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

12. When you use a Voucher you warrant to us that you are the duly authorised recipient of the Voucher and that you are using it in accordance with these terms, lawfully, legally and in good faith. If we believe at our sole discretion that a Voucher is being used in breach of these terms, unlawfully, illegally or in bad faith, we may reject or cancel the Voucher.

Miscellaneous

13. Please note that because of standard banking procedures, your bank or card issuer will initially place a hold on the full amount of an Order (before any Paycode or Discount Voucher is applied) in your account for between 3 to 5 business days (or longer, depending on your bank or card issuer), and this amount will therefore be unavailable in your account for that period. The Paycode or Discount Voucher will be applied at the time your bank or card issuer transfers the funds for your Order to us, at which point the credit or discounted amount will not be transferred to us and will instead be released by your bank or card issuer back into your available balance.

14. Vouchers may not be exchanged for cash.

15. We will not be liable to any customer for any loss or claim arising out of the refusal, rejection, cancellation or withdrawal of any Voucher or any failure or inability to use a Voucher for any reason.

16. JUST EAT reserves the right, at any time and at its sole discretion, to add additional terms and conditions in connection with the use of Vouchers or to modify and terminate Voucher transactions without prior notice.

17. All General Terms and Conditions for use of the Website and the Service apply.

III. JUST EAT COMPETITION TERMS AND CONDITIONS

1. These general terms and conditions (the “General Competition Terms”) will apply to all competitions run by JUST EAT.

2. Individual competitions will also be subject to, and the General Competition Terms will be supplemented and/or modified by, specific terms and conditions (the “Specific Competition Terms”) that will be specified in connection with each competition.

3. Competitions are open to individual residents of Spain aged 18 or over, except employees of JUST EAT, their associated, affiliated or subsidiary companies, and their families, agents, or anyone connected with the competition.

4. Winners will be responsible for ensuring they are able to accept the relevant prize, as set out and in accordance with these General and Specific Competition Terms.

5. We reserve the right to redraw a competition winner if the relevant prize is not accepted or claimed within the time period stated in the applicable Specific Competition Terms.

6. Completing and submitting a competition entry form will be deemed acceptance of the General Competition Terms and any applicable Specific Competition Terms.

7. The General Competition Terms and any applicable Specific Competition Terms will be interpreted in accordance with Spanish law and will be subject to the exclusive jurisdiction of the competent Spanish Courts of Law.

8. All personal data we collect from you will be processed in accordance with the Organic Data Protection Act. For more information on our Privacy Policies please see: https://www.just-eat.es/info/politica-de-privacidad.

9. JUST EAT reserves the right to withdraw any competition with prior written notice and/or amend the General Competition Terms or the Specific Competition Terms for any competition.

10. Our decision is final and binding in all matters relating to any competition and will remain final.

11. All standard terms and conditions will apply.

IV. STAMPCARD TERMS AND CONDITIONS

These StampCard Terms and Conditions apply to the relationship between Just Eat and you where you take part in a StampCard Programme.

Definitions

Defined terms have the same meaning as in the Website Terms and Conditions.

Website Terms and Conditions: the most recent version of the general terms and conditions for consumers of Just Eat.

Participating Business: a Business that participates in the StampCard Programme and awards Stamps to customers.

Stamp: Business-specific Stamp that is awarded for every online paid Order (excluding cash payment) placed by a logged in Just Eat Customer (guest checkout users excluded) with a Participating Business.

StampCard: Business-specific overview of collected Stamps by a customer, received by email, which is full and complete after having collected five Stamps.

StampCard Programme: award programme that allows you to collect Stamps from Participating Businesses on a StampCard which is full and complete after having collected five Stamps from the same Participating Business and then results in a StampCard Discount, which is redeemable with an Order with that Participating Business.

StampCard Discount: Business-specific discount derived from a full StampCard, with a value of 10% of the total food and / or drink value of the five Orders for which the Stamps were collected.

StampCard Terms and Conditions: these terms and conditions in respect to the StampCard Programme of Just Eat, as amended from time to time.

Applicability

1. You can redeem your StampCard Discount on the basket page when placing an Order with a Participating Business if the Order value is equal to or greater than the StampCard Discount value.

2. By placing an Order with a Participating Business, you agree that these StampCard Terms and Conditions will apply to the relationship between you and Just Eat and will also apply to the relationship between you and one or more Participating Businesses, which will be established as a consequence of placing an Order with a Participating Business.

3. A Business decides at its sole discretion whether or not to participate in the StampCard Programme and not all Businesses on the Website are participating.

4. The Website Terms and Conditions continue to apply to the relationship between you and Just Eat, unless they explicitly differ from these StampCard Terms and Conditions. In that situation these terms will prevail.

Stamps and StampCard Discounts

  1. Stamps and StampCard Discounts have no monetary or cash value and cannot be converted into cash.
  2. Stamps are awarded to you exclusively by a Participating Business.
  3. Just Eat is the sole technical provider of the StampCard Programme, publishing the StampCard Programme on its Website.
  4. You will automatically receive 1 Stamp for every online paid Order you place with a Participating Business (guest checkout users are excluded).
  5. After placing an Order with a Participating Business, you will automatically receive an email within 48 hours, showing an up-to-date overview of StampCards. You will also be able to view your current Stamps in your account.
  6. A StampCard is full and complete after five Stamps are collected from the same Participating Business.
  7. Stamps expire 12 months from the date that the Stamps have been awarded to you.
  8. Stamps are not transferable between Participating Businesses, customers, email addresses, StampCards or otherwise.
  9. You are required to report any inaccuracies in collected Stamps to Just Eat’s customer service within one month of discovering such inaccuracies.
  10. Just Eat has the right:a. to correct any unjustly or incorrectly awarded Stamps; orb. to correct Stamps that were awarded while the Order and/ or payment thereof was cancelled; andc. to annul any StampCard Discounts that are redeemed with such Stamps.

StampCard Discounts

  1. A StampCard Discount:a. can only be redeemed with an Order with the Participating Business from which the Stamps were received;b. can only be redeemed in combination with an online payment;c. can be redeemed with other offers or vouchers provided that a voucher is not greater than the payment total following the application of the StampCard Discount;d. can only be redeemed for Orders that have a value which is equal to or greater than the StampCard Discount;e. may be carried over to your next Order until your StampCard Discount is capable of being redeemed as per clause 15(d).
  2. The value of a StampCard Discount equals 10% of the total Order value that you paid (excluding any other offers or vouchers applied to the Order) for the five Orders for which the Stamps were collected.
  3. The StampCard Discount must be redeemed with a single Order.
  4. The StampCard Discount is issued within 24 hours of every 5th Order.
  5. The StampCard Discount is redeemable for up to 90 days after the StampCard Discount was issued.
  6. After expiration of the StampCard Discount, the Stamps that were used to complete that StampCard Discount will not be returned to you.

Duration, modification and termination of the StampCard Programme

  1. Just Eat can alter these StampCard Terms and Conditions and any aspect of the StampCard Programme, including redemption procedures and rewards in any respect, all without prior notice. For example, this includes, but is not limited to: adding, deleting, or changing time limits for collection or redemption or use of Stamps or StampCard Discounts. Just Eat will publish the amended StampCard Terms and Conditions on the Website.
  2. Your continued participation in the StampCard programme after any alteration constitutes your acceptance of any changes to these StampCard Terms and Conditions.
  3. Just Eat reserves the right to cancel the StampCard Programme at any time without prior notice. In the case of cancellation of the StampCard Programme, you can no longer collect Stamps. However, StampCard Discounts will remain valid until their expiration date.
  4. A Participating Business is free to terminate its participation in the StampCard Programme at any time without notice to you. In the case of termination by a Participating Business, you can no longer collect Stamps from that Business. However, StampCard Discounts from that Business remain valid until their expiration date.
  5. A Participating Business may leave the Website. In the case of a Participating Business no longer being on the Website, you can no longer collect Stamps from that Business and your StampCard Discounts from that Business will expire.
  6. Just Eat reserves the right to withhold or suspend you from collecting Stamps in the case of a (suspected) violation of the Website Terms and Conditions or these StampCard Terms and Conditions.

SPECIAL TERMS FOR DISCOUNT VOUCHERS

1. Discount Vouchers are exclusively for home delivery Orders, in no case can they be redeemed on takeaway Orders.

2. Just Eat reserves the right to void any Voucher of any kind due to repeated abuse by users.

3. Discount Vouchers can only be used once and cannot be combined with other promotions offered by the Business.

4. Discount Vouchers are only valid for card or PayPal Orders, but not for cash Orders.

5. Absolute value Discount Vouchers (€5, €10, etc.) are redeemable on the condition that the user must place a minimum Order of €10 or more for the discount to be effective. The minimum amount will be communicated in each of the communications.

TERMS AND CONDITIONS OF PAYCODE VOUCHERS

1. Paycode Vouchers are not transferable or exchangeable for cash.

2. Paycode Vouchers may only be redeemed on online Orders that are paid by credit/debit card or PayPal, if the Voucher does not cover the full Order amount.

3. In the event that the Order is less than the total Voucher amount, the remaining balance will remain in your account for future Orders.

4. The use of available account balance is not cumulative with other discounts and promotions offered by JUST-EAT.

5. Several Vouchers can be added to the same account, and the amount of the Vouchers will be added together and made available to the customer.

6. If you use the option “Pay from my account” you will have to use all the amount you have in your account until you reach the total amount of the Order or until you run out of credit.

7. Just-eat reserves the right, at any time and at its sole discretion, to add additional terms and conditions in relation to Voucher codes.

8. All standard terms and conditions will apply.

BLOG COMPETITION TERMS AND CONDITIONS

1. This type of competition will be published on the Just Eat blog and the competition post will be the means of participation.

2. To participate, you must be a fan of Just Eat Spain on Facebook and leave a comment according to the topic proposed in the competition post. Both requirements are essential to be eligible for the prize.

3. The Discount Voucher published in the post has the same duration as the competition or as indicated on the item in question and is only valid for card or PayPal payments.

4. The prize is a Paycode Voucher, the amount of which is published in the competition post.

5. Just Eat will notify the winner of the prize via email.

SOCIAL MEDIA DRAWS AND COMPETITION TERMS AND CONDITIONS

1. This type of competition will be published on JUST EAT's social networks (Facebook, Twitter, Instagram) and the competition post will be the means of participation.

2.To participate, you must follow the terms listed in the post.

3. The winner(s) will be announced in the post itself within a maximum of one week.

4. The duration of the competition will appear on the post itself. For Twitter, it will sometimes appear in the account bio.

5. The prize is a Paycode Voucher, with the amount posted on the competition post, and it will be delivered to the winner within one week. If the winner does not make a decision within 7 days, the prize will be forfeited.

6. JUST EAT will communicate the prize by email to the winner or will reply in the post itself.

PRICE GUARANTEE TERMS AND CONDITIONS

1. The JUST EAT Price Guarantee is available for Orders placed any time after 17 August 2016.

2. In order to claim the JUST EAT Price Guarantee (a “JUST EAT Price Guarantee Claim”), you must complete and submit a JUST EAT Price Guarantee claim form with a copy of the Business's current menu or a link to the website where the Business's menu appears.

3. JUST EAT Price Guarantee claims can only be submitted with a reference to the products you included in your JUST EAT Order and will not take into account delivery charges, special offers or discounts offered by Businesses. Your Order must have been completed, paid for and delivered.

4. JUST EAT Price Guarantee claims can only be submitted with a reference to the products you included in your JUST EAT Order and will not take into account delivery charges, special offers or discounts offered by Businesses. Your Order must have been completed, paid for and delivered.

5. Your Order must have been completed, paid for and delivered.

6. JUST EAT Price Guarantee claims must be submitted within 14 days of placing the Order.

7. A maximum of one JUST EAT Price Guarantee claim may be made per Business within a 30-day period.

8. We will review each of the JUST EAT Price Guarantee claims and reserve the right to confirm with the Business that the menus that have been submitted are valid.

9. After this review, we will decide whether the JUST EAT Price Guarantee claim is valid and notify you of our decision. Our decision will be final in all matters relating to the JUST EAT Price Guarantee.

10. We will attempt to handle claims within five business days of receipt of the JUST EAT Price Guarantee form.

11. In the event that we approve the JUST EAT Price Guarantee claim, we will offer you a Discount Voucher to reorder from JUST EAT for twice the difference between the two prices of the products you have requested from the Business menu.

12. Discount Vouchers are subject to the JUST EAT Terms and Conditions. These Vouchers expire 30 days after delivery. There will be no replacement for expired Discount Vouchers.

13. We reserve the right to withdraw the JUST EAT Price Guarantee at any time without prior written notice and/or alter or modify the terms and conditions of the JUST EAT Price Guarantee.

14. By completing a JUST EAT Price Guarantee claim form, you will be deemed to have accepted the terms and conditions of the JUST EAT Price Guarantee.

15. The terms and conditions of the JUST EAT Price Guarantee are governed by the laws of Spain and are subject to the exclusive jurisdiction of the Spanish courts.

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