This Terms and Conditions Agreement ("Agreement") is made and entered into by and between: Food On Tips, a food ordering platform (hereinafter referred to as "Platform"). [Your Restaurant Name], a restaurant participating in the platform (hereinafter referred to as "Restaurant").
Effective Date: 10 Sep. 2024
Provide an online platform that allows customers to place orders from the Restaurant.Facilitate the transmission of orders to the Restaurant through the Platform's system.Process and transmit payments made by customers through the Platform, after deducting the applicable fees
Accept, prepare, and fulfill customer orders received through the Platform in a timely and professional manner. Ensure that all food items listed on the Platform are accurately described and priced. Ensure that the quality of food meets or exceeds standards expected by customers.
The Restaurant agrees to pay the Platform a yearly subscription fee.The fee structure will be outlined in a separate document or platform interface. Payments to the Restaurant will be made [weekly/biweekly/monthly], after deduction of the Platform’s fees, refunds, chargebacks, and other applicable deductions and government taxes. The Restaurant must provide accurate bank account information to receive payments. The Platform is not responsible for payment delays due to inaccurate information provided by the Restaurant.
The Restaurant will be provided access to the Platform’s merchant dashboard, where orders will be processed and tracked.The Restaurant must keep their account and restaurant details (including but not limited to menu, prices, operating hours) updated at all times. The Restaurant will use the Platform’s technology in compliance with all laws, rules, and regulations applicable to its use.
The Restaurant agrees to provide high-quality food products and ensure that all health, safety, and hygiene standards are upheld.The Restaurant is responsible for the accuracy of the menu, pricing,item availability, and any promotional offers listed on the Platform.The Restaurant is responsible for packaging the food adequately to maintain the integrity of the items during delivery.The Restaurant agrees to resolve any customer complaints related to food quality or preparation.
The Platform agrees to maintain the functionality of the application and ensure that customer orders are reliably transmitted to the Restaurant. The Platform will provide customer support for issues related to the ordering process, payments, and delivery logistics (if applicable).
The Restaurant is responsible for its own deliveries, the Restaurant assumes full responsibility for ensuring timely and accurate deliveries.
The Restaurant agrees to handle order cancellations, refunds, or adjustments in cases where the Restaurant is at fault (e.g., food preparation errors or item unavailability).The Platform reserves the right to issue refunds to customers in accordance with its refund policy. If such refunds are issued, the Platform will adjust the corresponding payments to the Restaurant.
The Platform may engage in marketing and promotional activities to drive traffic to the Restaurant’s listings on the Platform.The Restaurant agrees to participate in promotional campaigns and discount programs at the discretion of the Platform. The terms of participation will be communicated separately.
The Platform retains all rights to its intellectual property, including but not limited to software, logos, trademarks, and content.The Restaurant retains all rights to its own branding and intellectual property, including but not limited to restaurant names, logos, and menu items.The Restaurant grants the Platform a non-exclusive license to use the Restaurant’s name, logo, and menu information for the purpose of promoting the Restaurant on the Platform.
The Platform agrees to protect customer data in compliance with applicable privacy laws and regulations. The Restaurant agrees to handle any customer data received through the Platform in compliance with applicable privacy laws and regulations. The Restaurant may only use such data for fulfilling orders.
Either party may terminate this Agreement with [30 days] written notice. Upon termination, the Restaurant will no longer receive orders through the Platform. The Platform reserves the right to suspend or terminate the Restaurant’s participation if the Restaurant violates any terms of this Agreement or engages in conduct that negatively affects the Platform’s reputation or operations.
The Restaurant agrees to indemnify and hold harmless the Platform from any claims, damages, liabilities, and expenses arising from the Restaurant’s breach of this Agreement, negligence, or misconduct.
In the event of any disputes arising from this Agreement, both parties agree to attempt to resolve the matter amicably through negotiation. If a resolution cannot be reached, disputes will be submitted to [arbitration/mediation] in accordance with the laws of [jurisdiction].
This Agreement constitutes the entire understanding between the Platform and the Restaurant and supersedes any prior agreements or understandings. This Agreement may only be amended in writing, with the consent of both parties. This Agreement will be governed by and construed in accordance with the [jurisdiction].
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