Thousands of people may be searching for food in your area. We can help your restaurant reach them through the Eatnownow.com you can satisfy customers with the food they want — when and where they want it.
EATNOWNOW VENDOR TERMS AND CONDITIONS
BY ACCEPTING THIS AGREEMENT, BY (1) CLICKING A BOX INDICATING ACCEPTANCE OR (2) EXECUTING AN ORDER FORM THAT REFERENCES THESE TERMS, VENDOR AGREES TO THE TERMS OF THIS AGREEMENT.
IF THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS ACCEPTING ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, SUCH INDIVIDUAL REPRESENTS THAT THEY HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE THE TERM "VENDOR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF THE INDIVIDUAL ACCEPTING THIS AGREEMENT DOES NOT HAVE SUCH AUTHORITY, OR DOES NOT AGREE WITH THESE TERMS AND CONDITIONS, SUCH INDIVIDUAL MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
Last updated: December 17, 2019
These Eatnownow Vendor Terms and Conditions ("Terms") are expressly incorporated into and made a part of the Eatnownow Order Form (“Order Form”) (the Order Form and these Terms, collectively, “Agreement”) between you (“you” or “Vendor”) and “Eatnownow” Ltd. (“Eatnownow”)). This Agreement shall govern the provision of Eatnownow Services (as defined below) in Nigeria and its territories.
2.1 Items and Services.
Eatnownow and its affiliates make available certain proprietary technology services that facilitate the marketing, sale and fulfillment of orders for food, beverages and other products ("Items") from Vendors to Customers (as defined below), including on-demand lead generation, payment processing, marketing, advertising and promotional services, proprietary information services, onboarding, operational and other support services (“Eatnownow Services”).
2.2 Vendor Technology.
In connection with the Eatnownow Services, Eatnownow and its affiliates may also make available to Vendor a website, mobile application or other technology interface for Vendor to access and use the Eatnownow Services (collectively, the "Eatnownow Tools"), which may include Eatnownow’s and its affiliates’ proprietary technology platform referred to as Vendor Dashboard, through which insights and analytics regarding Vendor’s performance and history using the Eatnownow Services are provided, and Eatnownow and its affiliates’ proprietary technology platform referred to as Vendor Dashboard, through which Vendor may, among other things, receive, accept and fulfill requests for Items from Customers.
2.3 Eatnownow App.
Eatnownow and its affiliates may also make available to Customers its proprietary technology that enables Customers to purchase Items from Vendor and request delivery services for said Items from Delivery Partners (as defined below), who retrieve such Items from Vendor and deliver such Items to such Customers ("Eatnownow App"). Delivery Partners are independent contractors, and as such, they reserve the right to refuse to accept any Item in their sole discretion.
3. EATNOWNOW OBLIGATIONS.
3.1 Eatnownow Services.
Subject to the terms and conditions of this Agreement, Eatnownow and its affiliates will make available the applicable Eatnownow Services to Vendor, solely for use by Vendor at locations that are owned and operated by Vendor (each, a "Location"), as set forth in an Order Form or otherwise agreed to by the parties in writing. In connection with the provision of Eatnownow Services to Vendor, Eatnownow and its affiliates, on behalf of Vendor, may respond to complaints by Vendor’s customers (“Customers”) about Items sold by Vendor via the Eatnownow App. In addition, Eatnownow may make available certain Eatnownow Tools to Vendor, and Vendor may access and use those Eatnownow Tools solely in connection with Vendor’s use of the Eatnownow Services. For the avoidance of doubt, as between Vendor and Eatnownow, Eatnownow will retain sole and absolute control over the Eatnownow App (and all elements of the user experience and user interface relating to the Eatnownow App), including with respect to: (i) the personalization of the Eatnownow App for Customers; (ii) the prioritization and display of options available to Customers; (iii) the search functionality and results provided to Customers; (iv) the order fees charged to Customers for the delivery services provided by Delivery Partners; and (v) adding, removing or otherwise modifying any feature or functionality made available through the Eatnownow App to optimize reliability or efficiency on the Eatnownow App.
3.2 Technology, Not Delivery, Services.
For the sake of clarity, neither Eatnownow nor its affiliates provide any delivery services. Rather, Eatnownow provides technology services that both (i) enable Vendor to connect with Customers who may purchase Items from Vendor and (ii) enable Delivery Partners to seek, receive and fulfill on-demand requests for delivery services by or on behalf of Customers seeking delivery services. Delivery Partners perform their delivery services for (and are paid by) the Customers, and not Vendor. "Delivery Partner" is defined as an independent contractor that intends to seek, receive and fulfill on-demand requests for delivery services using Eatnownow’s proprietary technology under license from Eatnownow or its affiliates.
4. VENDOR OBLIGATIONS.
4.1 Availability of Items.
Vendor will make Items available for purchase through the Eatnownow App during its normal business hours. Vendor will prepare, handle and store all Items in accordance with applicable laws and regulations, including without limitation all laws, rules and regulations governing time or temperature controls required for food safety ("Food Safety Standards"). Vendor will determine any quality, portion, size, ingredient or other criteria that apply to Items (“Criteria”) and Vendor is responsible for ensuring that all Items meet the applicable Criteria. If Vendor fails to prepare Items in accordance with Food Safety Standards or if any Item fails to meet the Criteria (each, a “Substandard Item”), Eatnownow may, in its sole discretion, remove such Item from the Eatnownow App. Items that contain (or may contain) an endangered species may not be made available for purchase through, and will be removed from, the Eatnownow App. Vendor represents and warrants that all nutritional information for Items, including calorie count or allergen information, that is made available through the Eatnownow App is, and at all times will remain, accurate. In addition, Vendor will ensure that the contents of its menu (including any notifications about ingredients, nutritional information, allergen information, etc.) are accurate and comply with all applicable laws and regulations.
4.2 Item Responsibility.
Vendor acknowledges and agrees that neither Eatnownow nor the Delivery Partner takes title to any Item at any time. Notwithstanding, Vendor shall be responsible for any reimbursement costs related to Customer refunds for Substandard Items or other related issues within Vendor’s control (including any costs associated with retrieving any such Substandard Items or otherwise unsatisfactory Item(s), if applicable)), including by way of example, missing or incomplete Items, Items not cooked thoroughly, and Items not prepared in accordance with Vendor’s internal standards. Eatnownow may, in its sole discretion, deduct reimbursement costs from the payment Eatnownow remits to Vendor in accordance with this Section 4. To the extent required by applicable law, and only for the purpose of the expedited provision of Items, Items are sold to Customers under Vendor’s retail and food delivery license privileges.
In connection with the access to and use of the Eatnownow Services and Eatnownow Tools, Vendor will not (and will not allow any third party to): (i) reverse engineer or attempt to discover any source code or underlying ideas or algorithms used to provide the Eatnownow Services (except to the extent applicable law prohibits reverse engineering restrictions); (ii) provide, lease, lend, disclose, or otherwise use or allow others to use, in each case, for the direct benefit of any third party, the Eatnownow Tools or Eatnownow Services (except as otherwise authorized by Eatnownow); or (iii) possess or use, or allow the transfer, transmission, export, or re-export of any software or portion thereof in violation of any export control laws or regulations administered by the U.S. Commerce Department, U.S. Treasury Department's Office of Foreign Assets Control, or any other government agency. Vendor will not (and will not allow any third party to) use the Eatnownow Services or any other transactional, operational, performance or other data or information that is related to the sale of Items to Customers through the Eatnownow App to directly or indirectly compete with Eatnownow or its affiliates or the Eatnownow Services. Furthermore, orders cannot weigh (in the aggregate) more than 30 pounds. The following restricted Items may not be featured or sold via the Eatnownow App: people or animals of any size, illegal items, fragile items, dangerous items (like weapons, explosives, flammables, etc.), stolen goods, Items containing endangered species or any items that Vendor does not have permission to send.
We will review your registration information as soon as possible and contact you via email.