1 Definition

These merchant terms and conditions (this “Agreement”) form a binding agreement between you as a merchant (“you” or “Merchant”) and Food Order Anywhere Online (“us” or “Food Order Anywhere Online”) regarding your use of and access to the merchant application Food Order Anywhere Online for Business (the “App”), the merchant interface on our website www.FoodOrderAnywhere.Online (the “Website”) and the services provided therein (the “Services”). By creating a user account in the App or using the Services, you accept this Agreement and agree to be bound by each of its terms.

2 What is Food Order Anywhere Online for Business?

Food Order Anywhere Online for Business is a sales platform through which Merchants can offer takeaway food items for sale and provide online table ordering at restaurants for consumers (hereinafter called “Customers”). Basically, Merchants provide the food, and we provide a platform where Merchants can sell the food. Merchants may sell both surplus food at discounted prices and regular food items through the Services. Customers can purchase and order food through the Food Order Anywhere Online consumer application or the Website (hereinafter “Food Order Anywhere Online for Customers”).

3 Sign me up!

To use the Services you need to create a merchant account (“Merchant Account”). To create a Merchant Account, you must have the authority to enter into this Agreement on behalf of your entity. By accessing or using the Services you warrant to us that you have read and understood this Agreement and warrant to us that you have the legal capacity to enter into a legally binding agreement with us. To create a Merchant Account, we need to obtain certain personal information from you, such as your name and contact information. You can read more about how we process your personal data in our Privacy Policy. You must also provide your company information, which includes but is not limited to the company name, company information, contact information and billing information.

4 Use of the Services

4.1 Let’s start selling

You can offer food for sale (“Items”) when you are logged onto your Merchant Account. To create an Item, you need to provide certain information, such as a description of the Item, ingredients, allergens, and price information. Each Item must be listed with the correct store or restaurant price. It is strictly prohibited to list an Item at a higher original price than the price charged at your ordinary place of business. When posting food for pick-up, you shall also provide information about your opening hours and the preferred pick-up time. When posting surplus food Items, the Merchant shall also provide information about the quantity of available Items. Once you have filled in all relevant information, you can post the Item. When the Item is published it will be shown to Customers in Food Order Anywhere Online for Customers. When a Customer places an order for an Item, you will receive an order confirmation to your Merchant Account.

4.2 Pick-up orders

Once a Customer has placed an order for an Item you have published, and an order confirmation has been received, you are obliged to provide the Customer with the ordered Item(s) during the specified pick-up time. To collect a pick-up order, Customers shall show you an order confirmation or identify themselves by name. The Customer shall pick up the ordered Item from your ordinary place of business in a timely manner during the time frame provided when posting the Item. If the Customer does not collect the order during the given time frame, you have the right to do as you see fit with the ordered Item(s). The Customer is not entitled to receive a refund for orders that have not been collected on time.

4.3 Alcoholic beverages

If you are offering alcoholic beverages through the Services, you acknowledge that you are responsible for ensuring such serving is coherent with any applicable laws regarding the selling and serving of alcoholic beverages. This means, for instance, that you shall refuse to serve alcoholic beverages to Customers who are not in a condition to be served or are underaged.

4.4 Refunds

Due to the nature of the sold items (i.e. food) and the fact that food may get spoiled or age rapidly, Customers do not have a right to change or cancel a completed, unless you accept it. If you need to cancel a completed order, for example, due to unavailability or quantity errors, you shall refund the Customer through the Website or App or by contacting us. Refund requests made to us will be handled as soon as possible during regular business hours. We will also be able to reach out to you regarding a refund request from a Customer, upon which we’ll ask you to respond to the request in a timely manner. Any failure to respond to such a request will result in the refund being processed.

4.5 Standard requirements

All posted Items must be of a standard that a reasonable person would regard as satisfactory. For example, this means that each provided Item shall be safe for consumption and have satisfactory quality, quantity, appearance and finish. You are solely responsible for determining the quality and freshness of the posted Items and you shall prepare the Items in compliance with the applicable legislation concerning the handling, storing and transportation of food and in accordance with the established principles and practices of the industry. 

4.6 Claims

The Merchant is responsible for the quality and safety of the food and for all information provided regarding posted Items. All Customer claims received by Food Order Anywhere Online are directed to the Merchant. In case the Merchant approves a claim, the Merchant can refund the Customer through the Services or by contacting us.

4.7 Loyalty Program

We like to reward our loyal users and do so through the Food Order Anywhere Online Loyalty Program. If you use the Service actively, you can receive special offers and the possibility to provide surplus food Items for lesser discounts as part of the Loyalty Program (collectively called “Loyalty Discounts”). You can read more about the various Loyalty Discounts and the requirements to access them on the Website and in the App. Loyalty Discounts and specific requirements can vary by city and country, which means that you may receive a different Loyalty Discount than another Merchant. The Loyalty Discounts do not apply on already completed orders, are not transferable and may expire. Loyalty Discounts can only be used by you during the time that they are available to you in the Services. If you have not redeemed a Loyalty Discount during its availability you will not be able to use this Loyalty Discount later. We reserve the right to change, end, or pause, in whole or in part, any Loyalty Program. We may also suspend or terminate your access to any Loyalty Program or Loyalty Discounts if we suspect fraud or any violation of this Agreement. If we end any Loyalty Program, any unused or unredeemed Loyalty Discounts are forfeited at that time.

5 Fees and Payouts

The Customer pays for Food Order Anywhere Online for any ordered Items. The Merchant is entitled to monthly payments from Food Order Anywhere Online corresponding to the order value for sold Items during the previous month deducted from Food Order Anywhere Online’s service fees and any refunds and claims (“Payouts”). Food Order Anywhere Online’s service fee will be calculated based on a percentage rate of the order value or percentage rate plus a fixed fee for each completed order, depending on the Service. The from time-to-time applicable Service fee rates are available on the Website. The Service fee rates provided on the Website shall apply unless Parties have agreed otherwise in writing. For each month during which the Merchant has completed sales through the Services, the Merchant will receive a sales report specifying all Payouts. Each sales report will be delivered to the Merchant within 7 days from the end of a calendar month. In order to provide secure payments and Payouts, we use the well-renowned third-party payment service providers Stripe and SSLCOMMERZ. Depending on what part of the Services you are using, you will be required to set up a Payout account with either Stripe, SSLCOMMERZ or both through your Merchant account in order to receive your Payouts. Setting up a Payout account requires you to complete a Know Your Customer ("KYC") with the payment service provider(s) before a set deadline. Should this deadline not be met, the Merchant will bear the costs associated with not completing the KYC which can include, but won't be limited to, refunding all Customer orders made through Food Order Anywhere Online. Payouts shall be paid within 15 days after the end of each calendar month during which the sales have been completed to a bank account provided by the Merchant. The Merchant acknowledges that Payouts cannot be made unless the Merchant has provided the Bank account number with the necessary payout details through the Merchant Account. Food Order Anywhere Online reserves the right to adjust any service fee rates and start charging fees for the use of various features of the Services upon notifying the Merchant no later than 30 days prior to such new fee taking effect. 

6 Do’s and Don’ts when Using the Services

When using the Services,

you shall:

• ensure that all information provided by you to Food Order Anywhere Online and all information published in the App or onto the Website is current, accurate, and complete and that you will maintain it that way.

• keep your Merchant Account information strictly confidential and do not share your passwords with others.

• only use information, materials and presentations provided by us for the purpose of using the Services.

You shall not, and do not attempt or permit any third party to:

• modify, reproduce, duplicate, copy, publish or create derivative works or improvements, nor reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of any portion of the Services, the Website or the App, or of any content, photographs, descriptions, software, image, graphics, logos, data or other information therein. For the sake of clarity, this does not apply to content belonging to the Merchant, such as photos of Items uploaded to the Services by the Merchant.

• reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of any portion of the Services, the Website or the App.

• rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any portion of the Services to any third party.

• alter, remove, obscure, frame or mirror Food Order Anywhere Online’s or its suppliers’ branding, proprietary notices or any content forming part of the Services or provided by Food Order Anywhere Online in connection with the Services.

• use the Website or App for any purpose that invades any person’s or entity’s privacy or other rights, misidentifies you or impersonates any person or entity, including without limitation, any employee or representative of ours or another company, or could otherwise reasonably be deemed or viewed to be unethical, illegal or offensive.

• post inappropriate content, including graphics, images and descriptions. Food Order Anywhere Online has the right to remove content posted by you and/or suspend or terminate your Merchant Account and access to the Services if you violate this Agreement or use the Services in a way that, in our sole opinion, is harmful to us or any third party.

7 Intellectual property rights

Food Order Anywhere Online, or as the case may be, Food Order Anywhere Online’s licensors, are the sole owners of the Website, the App and the Services, and any source code, software, content and other intellectual property related to or included in them. Except for the limited rights expressly granted under the Agreement, nothing in the Agreement shall be construed as transferring or assigning the title or ownership of any intellectual property rights in the Services to the Merchant. The Merchant shall not access or use the Services in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right or other right of Food Order Anywhere Online or any third party, or that violates any applicable legislation.

8 Confidentiality

Each party agrees to treat all non-public information of the other party as confidential and not to use such confidential information for any purpose other than for use of the Services and performing its obligations under the Agreement. Neither party may disclose confidential information of the other party to any third party, except as may be reasonably required to fulfil this Agreement, provided that such third party is bound by confidentiality obligations.

9 Personal data protection

Food Order Anywhere Online shall ensure that the processing of personal data within the scope of performance of the Agreement is in conformity with applicable data protection legislation. In conjunction with using the Services, Merchant will process personal data on Food Order Anywhere Online’s behalf. Merchant shall process personal data on Food Order Anywhere Online’s behalf in accordance with Food Order Order Anywhere Online’s instructions, applicable legislation, and the Data Processing Agreement, which is incorporated to this Agreement.

10 Merchant Content

As between the Merchant and Food Order Anywhere Online, the Merchant is the sole owner of all content uploaded by the Merchant to the App or the Website, including any food item information, pricing, discount information, menus, photographs, graphics and merchant information (“Merchant Content”). The Merchant hereby grants Food Order Anywhere Online the right to use Merchant Content for delivering and marketing the Services. The Merchant acknowledges that Food Order Anywhere Online may display advertising and/ or any other content at locations of our choosing within the Services or in Food Order Anywhere Online for Customers, which may include placing advertisements in conjunction with Merchant Content. Merchant acknowledges that Food Order Anywhere Online may freely utilise aggregated and anonymised Merchant Content and data generated in the system log files to optimise and improve the Services.

11 Customer feedback

Food Order Anywhere Online reserves the right to publish Customers’ feedback about Merchants on Food Order Anywhere Online for Customers, the Website and in the App (and/or allow others to do so). In case of negative feedback regarding the Merchant, the Merchant will be informed before such feedback is published. For the sake of clarity, Customers are not allowed to publish or upload any content, through ratings or otherwise, that includes illegal, violent, offensive, or otherwise inappropriate content. We reserve the right, at any time and at our discretion, to remove any content provided by Customers that we consider to be inappropriate, unsuitable or untrue. 

12 No warranties The Services are provided “as is” and “as available”. Food Order Anywhere Online makes no representations or warranties that the App, Website or Services will be uninterrupted or error-free. If you experience service interruptions or detect a technical error in the Services, you can report the problem through the Services or on the Website through our chat or contact form.

13 Limitation of liability

Neither party shall be liable for consequential or indirect losses, such as lost profits, diminished production, costs of retaining another provider, costs of equipment and similar costs or losses, except in case of breach of intellectual property rights (Section 7) and confidentiality (Section 8). In no event shall Food Order Anywhere Online’s or its suppliers’ total liability for any damages, direct or indirect, arising from or in connection with the Services or the Agreement exceed the Payouts paid by Food Order Anywhere Online to the Merchant during the previous three (3) month period. In no event shall Food Order Anywhere Online be liable for any damages arising out of or as a result of Merchant Content. The Merchant will indemnify and hold Food Order Anywhere Online harmless for any damages or losses incurred to Food Order Anywhere Online or a third party as a result of Merchant Content.

14 Term and Termination

Unless otherwise agreed between the Parties, the Agreement shall remain in effect as long as you use the Services. This Agreement shall automatically expire when you unregister to the Services or if we terminate your Merchant Account. Sections 5 (Fees and Payouts), 7 (Intellectual property rights), 8 (Confidentiality) and 17 (Miscellaneous) shall survive any such expiration or termination. You may unregister from your Merchant Account at any time. Choose “Delete account” or any corresponding function in the App and/or the Website, or by contacting us at info@foodorderanywhere.online. Food Order Anywhere Online will then delete or anonymise any personal information that can be attributed to you, except for certain information that Food Order Anywhere Online by law may have to save and archive.

15 Force Majeure

Food Order Anywhere Online shall not be liable to you for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond our reasonable control.

16 Changes and updates

Food Order Anywhere Online may change or update this Agreement from time to time, and any such change or update will be set in effect when posting the updated Agreement on the Website or in the App. When we make major changes to the Agreement, we will provide you with prior notice as appropriate under the circumstances, for example by displaying a notice in the App, the Website or by sending an email. If you do not agree to the changed terms, you have the right to terminate your Account. Food Order Anywhere Online reserves the right to modify, suspend, or discontinue the App, the Website and our Services at any time.

17 Miscellaneous

17.1 Assignment

The merchant may not wholly or partly assign or pledge its rights and/or obligations under the Agreement to any third party without the prior written approval of Food Order Anywhere Online. Food Order Anywhere Online has the right to transfer its rights and obligations under this Agreement.

17.2 Sever-ability

If any part of this Agreement is held to be unenforceable or invalid for any reason, said part will be changed and interpreted to best accomplish its original intent and objectives. Any remaining parts will continue in full force. 

17.3 Contact

If you have any questions or experience service disruptions, please reach out to us at info@foodorderanywhere.online. You can reach us through the contact form in the Service.