DELIVER LOCAL ONLINE PLATFORM & MARKETPLACE – MERCHANTS
TERMS and CONDITIONS
By accepting services from Deliver Local, the Merchant agrees to the following terms and conditions.
DELIVER LOCAL Responsibilities:
Deliver Local will provide access to its online Platform the (“Platform”) where a customer can order food for takeout or delivery during the term of this agreement.
Deliver Local will provide hosting of a webpage that lists the menu and price for the Merchant.
While Deliver Local cannot warrant that the Platform will be accessible at all times, it will use its best efforts to keep the Platform accessible to the Internet other than interruptions related to maintenance, hardware or software malfunctions, attacks by third parties, power outages and other disruptions beyond its control.
If the Merchant has agreed to the delivery service terms and conditions, Deliver Local will provide delivery services pursuant to those terms.
Merchant Responsibilities. Merchant will:
Perform the obligations listed in the applicable Service Agreement;
Provide to Deliver Local an electronic version of any menu it desires to have posted and shall make regular updates to the same. Merchant represents that it has all intellectual property rights to allow the content it provides to be hosted on the Internet and agrees to indemnify, defend and hold Deliver Local harmless from any claims or damages, including attorney’s fees, arising from breach of this representation.
Notify Deliver Local of its hours of operation and its schedules with respect to the dates it is closed and Holidays
Merchant agrees that it shall not use the Platform to advertise or offer to provide any product or service which is illegal or in violation of any law or regulation.
Review its page on the Platform on a regular basis, and immediately after any change made by Deliver Local, to confirm there are no errors or omissions in the page.
Food Service, Quality & Order Accuracy:
MERCHANT must prepare food orders in a timely basis for customer to pick up or to be delivered.
Any disputes with the Customer concerning food quality, quantity, or accuracy of the order shall be handled directly by MERCHANT.
MERCHANT is responsible for packaging food and have ready for pick up or delivery. Food orders should be properly secured with tamper evident seal or adhesive.
DELIVER LOCAL is not liable for the accuracy of an order or any confusion by the Customer in using the Platform.
MERCHANT must adhere to strict food safety standards to ensure that the food delivered through our Platform is of the highest quality.
If a customer reports any food sickness after ordering through the Platform, DELIVER LOCAL will notify the MERCHANT immediately and work together to resolve the issue.
Customer Payment Processing on DELIVER LOCAL’S Platform:
DELIVER LOCAL will make a best effort to use a payment processor of your choosing. In the event DELIVER LOCAL cannot process payments through your preferred processor, DELIVER LOCAL will setup a Stripe Connect account on your behalf. Merchant will be responsible for all management of that account including, but not limited to: Payment processing, settlements, disputes, fraudulent transactions and refunds.
In case of any payment integration or processing issues on Deliver Local’s Platform, Deliver Local will notify the MERCHANT and work together to resolve the issue.
Platform, Menu and Operational Modifications:
Any changes that need to be made to DELIVER LOCAL’S Platform, must be communicated in writing with a minimum 3 business days’ notice. DELIVER LOCAL will not be responsible for any errors, omissions in the Merchant’s page hosted on the Platform. This includes the following, but not limited to scenarios:
Discounts and promotions offered to MERCHANT’S customers, Sales tax changes, changes in Menu items and pricing, Hours of service and operation.
Sales Taxes are collected on behalf of Merchant and passed on to Merchant. DELIVER LOCAL is not responsible for paying Sales Taxes or any liability regarding collection, penalties, errors or any legal fees associated on this matter.
Payment for Services to DELIVER LOCAL:
DELIVER LOCAL will accept payment via ACH debit card from your business checking with auto draft permissions setup. DELIVER LOCAL does not accept credit cards, checks or cash payments for our services. DELIVER LOCAL will invoice monthly for all fees, including but not limited to service fees, tips, delivery fees and payments for orders. Failure to pay open invoices in a timely manner will result in the suspension of service, and will bear interest at 1 ½ % per month.
Charges: In return for participation on the Platform, Deliver Local will charge fees as set forth in any applicable fee schedule.
MERCHANT is responsible for proper care of equipment. MERCHANT will be responsible for the cost of purchasing new equipment, setup and configuration fees, shipping fees for replacement due to any physical damage resulting from negligence, abuse or accidental breakage. In an event of equipment failure, MERCHANT may use a web browser on any other device to access the Platform on an interim basis until replacement equipment arrives.
DELIVER LOCAL will provide up 1-year limited warranty ( repair or replacement at the option of DELIVER LOCAL ) on equipment purchased. Setup fees and shipping not included in warranty.
Software Support – Service level agreement. DELIVER LOCAL make every effort to ensure that our equipment and online platform is in good working order. In case of any equipment failure while taking an order, DELIVER LOCAL will not be held liable for any resulting loss or
1 Response times minor changes, issues and requests: Response within 12-24 hours
2 Response times for critical events: Less 120 minutes
3 Service For Delivery: Pick up of food delivery within 30 minutes of order creation for on-demand orders.
Each Party agrees not to perform any action with the intent of introducing to the other Party’s systems, products or services (including the applicable Deliver Local Service and/or Merchant Application) any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature. Further, each party agrees to take reasonable steps to prevent the introduction of virus, worms, defects, etc. onto their systems.
Modifications: Deliver Local has the right to make modifications to the Platform in its look and feel as well as in its operation at such times as it deems necessary. Deliver Local makes no warranty that the Platform will be accessible by all operating systems or versions of operating systems or mobile devices.
Attorney’s Fees: In the event of a breach of this agreement by Merchant, Deliver Local shall be entitled to recovery of its attorney’s fees if it is the prevailing party in any action.
Limitation of Liability: MERCHANT AGREES THAT DELIVER LOCAL’S ABSOLUTE LIABILITY FOR ANY CLAIM ARISING OUT OF OR UNDER THIS AGREEMENT OR ANY USE OR INABILITY TO USE OR MALFUNCTION OF THE PLATFORM SHALL NOT EXCEED THE TOTAL OF THE FEES PAID BY MERCHANT TO DELIVER LOCAL IN THE 12 MONTHS IMMEDIATELY PRIOR TO THE EVENT IN QUESTION. IN NO EVENT WILL DELIVER LOCAL BE HELD LIABLE FOR ANY LOSS OF REVENUE, LOST PROFITS, DAMAGE TO REPUTATION OR CONSEQUENTIAL DAMAGES.
Termination: Deliver Local has the right to terminate Merchant’s participation in the Platform at any time without advance notice if Merchant violates any of the terms of this agreement. Otherwise, either party may terminate by providing 90 days advance notice. During the 90 day period each party shall comply with their obligations set forth herein.
