Ventii Eats - Terms and Conditions
Terms and Conditions
Terms and Conditions
Last updated: August 1, 2020

We reserve the right to amend these Terms and Conditions and Policies from time to time to reflect changes in the law, our data collection and use practices, the features of our Services, or advances in technology. Use of information that we collect is subject to the Privacy Policy in effect at the time such information is used. If we make any material changes to this Privacy Policy, we will post the changes here. Please review the changes carefully. Your continued use of the Services following the posting of changes to this Privacy Policy will constitute your consent and acceptance of those changes.

Entire Agreement

This Agreement contains the entire understanding between the Parties with respect to the subject matter hereof and supersedes all prior agreements or understandings, inducements or conditions, expressed, or implied, oral or written, except which stated in the attachment.

The Merchant hereby reads, understands, agrees to the applicable terms and conditions which may be updated by Ventii Eats from time to time (The “Terms of Service”) and are deemed as integral part of this Agreement;

Terms

This Agreement shall take effect from the date of this Agreement and shall continue in force until terminated in writing by either Party.

Scope of Service Ventii appoints Merchant, and Merchant agrees to be appointed by Ventii as (i) Ventii’s restaurant partner; and/or (ii) Ventii’s retail partner, and/or (iii) Ventii’s wholesale partner whereby Ventii’s is entitled to accept orders on behalf of the Merchant from End User through Ventii Eats (“Services”).

The Services as provided on the scope of Services is limited to:
> referring End User to the Merchant;
> accepting orders and payments from End User, according to the method sets by Ventii Eats; and
> passing the payment and order from the End User to the Merchant according to the method sets by Ventii Eats, taking into account the agreed Service Fee.

Ventii Eats may carry out changes to Services, or suspend the Services, without notice.

Merchant hereby agrees to open and maintain cooperation with Ventii Eats regarding the availability and acceptance of Ventii Eats Payment Feature, to facilitate any payment related to Ventii Eats products and services. In relation to the Ventii Eats Payment Feature, Merchant hereby gives its consent to Ventii to collect Service Fee or any fees related to Ventii, on behalf of Ventii, from Merchant’s funds generated from payments made by using Ventii Eats Payment Feature, by directly deducting the funds and in no cases Merchant will hold Ventii liable for the performance of deduction of Merchant’s funds that is made for the collection of Service Fee or any fees related to Ventii and/ or on behalf of Ventii. Merchants also agree to give the right to Ventii to share transaction data in relation to orders using Ventii Website and/or Personal Data (if necessary) to Ventii, solely for the purpose of such Ventii Eats Payment Feature.

Performance of Services

Ventii's Obligations

Ventii Eats shall present on the Ventii Eats Website the range of (i) food & beverage products offered by the Merchant under Ventii Eats Services,

In connection with Ventii Eats, whenever an order is received by Ventii, Ventii will communicate the order details to the Merchant for food and/or beverage preparation. A Driver will collect the prepared order as a take-away order. Driver will then deliver the order to the End User and collect from the End User the total order amount and delivery charges (as applicable).

In order to maintain its reputation for quality and high standard of service, Ventii Eats reserves the right to terminate the relationship with the Merchant if the Merchant repeatedly receives bad reviews, complaints of failure to fulfill delivery order.

Merchant's Obligations

The Merchant shall provide Ventii Eats with all information necessary to present the Merchant’s offering. This includes the Merchant’s menu, products, logo, images, prices, and its company identity, which for small businesses includes the owner’s full name and legal address, and for corporations includes the company name, registered address, trade name, authorized signatory and tax identification number (NPWP). Relevant changes are to be communicated to Ventii Eats immediately. The Merchant is required to verify the information published by Ventii Eats and immediately point out any mistakes or inaccuracies. The Merchant shall immediately notify Ventii should there be price changes. For avoidance of doubt, the Merchant’s menu, products, logo, images, prices, and its company identity may be published on Ventii Eats Website and other media means (including but not limited to twitter, facebook, instagram and Google AdWords campaign).

The Merchant guarantees that information published on Ventii Eats Website relating to the Merchant’s offering satisfies all legal requirements, and in particular satisfies information requirements for End User protection. Ventii is not required to publish the Merchant’s offering on Ventii Eats Website before all relevant information has been received.

The Merchant guarantees that the information provided by the Merchant does not violate any third party’s Intellectual Property Rights.

The Merchant will process orders with all reasonable care and as soon as they are submitted by the End User. The Merchant is required to keep its advertised food, beverage, and/or retail and/or wholesale products available to the best of its ability.

The Merchant guarantees that the retail products, and/or food and/or beverages, and/or wholesale products provided, prepared and sold to End Users, are in good quality and safe for consumption. In the event any retail products, and/or food and/or beverages of Merchant are spoiled, defected, broken, or which results in food poisoning, allergies or other effect that will harm or disappointed by End User, Merchant will be personally responsible and/or legally liable for such incident, both material and immaterial, and release Ventii from any claim related to such matter.

For Ventii Eats services, the Merchant is obligated to notify Ventii at least 1 day before scheduled pick up if the Merchant is unable to fulfill an order, so that Ventii can notify the End User immediately.

The Merchant agrees to adhere to the range of products and prices as provided to Ventii and as described on the Ventii Eats Website.

The Merchant guarantees that the retail products, food and/or beverages offered are of high quality and their storage, production and preparation comply with all relevant retail, restaurant and food safety regulations. If any violations are found by the relevant authorities, the Merchant must notify Ventii immediately.

The Merchant guarantees that it possesses all licenses required by prevailing laws and regulations and that there are no ongoing criminal, bankruptcy or tax proceedings or other penalties outstanding in relation to its business operations.

The Merchant guarantees to take great care to keep up-to-date its range of products, prices and associated terms and conditions.

Pay the Fees to Ventii in accordance to the method sets by Ventii;

Provide a reasonable penalty fee if such Fees are not paid according to the due date (If applicable).

The Merchant acknowledges and agrees that Driver may batch several orders for trip efficiencies (where applicable).

The Merchant acknowledges that Ventii Eats is not liable for any damages to the goods during transit

Service fee and obligations

In consideration to Ventii’s provision of Services under this Agreement, the Merchant shall pay Ventii the Fees (If applicable). For avoidance of doubt, the Merchant is not allowed to charge any service charge (for dine in) to the End User.

Merchant agree to pay any and all costs and expenses in connection with any payment obligation to Ventii (including but not limited to promo and campaign) in the manner as Ventii may specify from time to time (including but not limited to deduct from your daily transaction in Ventii Eats Website, to pay for your liabilities and/or outstanding obligation to Ventii or its affiliates), either via Ventii’s account or other accounts or payment channels appointed by Ventii, which are intended to make payments for such payment obligation to Ventii.

The Merchant hereby agrees to pay and bear any costs (if applicable) such as admin/transfer fees or other fee, in connection with the transfers made by other accounts or payment channels appointed by Ventii, which are intended to make payments to Merchant’s personal account.

Ownership and Rights

Each Party warrants that it is the legal licensee of all Intellectual Property Rights used under this Agreement and free from any infringement or violation of any third party ownership or intellectual property rights and no other party will claim to have the same ownership of such Intellectual Property Rights.

All reports, specifications, other similar documents compiled or prepared in the course of this Agreement, including documents, materials produced in respect of the Services and any derivation of any Intellectual Property Rights granted by any Party, pursuant to the previous clause, shall be the absolute property of such Party throughout their preparation and at all times thereafter. For the avoidance of doubt, the Intellectual Property Rights subsisting in all reports, specifications and other similar documents set out in this clause shall at all times remain vested in the relevant Party.

Each Party warrants that it will not use any other Party’s trademark for any marketing activities, including but not limited to promotional activities without prior written consent from the other Party and unless it is conducted based on this Agreement.

Permissible age

The Services are not intended for users under the age of 18, unless permitted under applicable local laws (Permissible Age). We do not knowingly collect any personal information from users, market to, or solicit information from anyone under the Permissible Age. If we become aware that a person submitting personal information is under the Permissible Age, we will delete the account and any related information as soon as possible. If you believe we might have any information from or about a user under the Permissible Age, please contact us at ventiieats@gmail.com.

Third party links and services

Our Services may contain links to third-party websites. Your use of these features may result in the collection, processing, or sharing of information about you, depending on the feature. Please be aware that we are not responsible for the content or privacy practices of other websites or services which may be linked on our Services. We do not endorse or make any representations about third-party websites or services. Our Privacy Policy does not cover the information you choose to provide to or is collected by these third parties. We strongly encourage you to read such third parties' privacy policies.

Data retention and account termination

You can close your account by visiting your profile settings page on our website. We will remove your public posts from view and/or dissociate them from your account profile, but we may retain information about you for the purposes authorized under this Privacy Policy unless prohibited by law. Thereafter, we will either delete your personal information or de-identify it so that it is anonymous and not attributed to your identity. For example, we may retain information to prevent, investigate, or identify possible wrongdoing in connection with our Services or to comply with legal obligations.

Responsibility

Merchants must be aware that they are fully liable for their own products and inquiries as Ventii Eats is simply an avenue to help the community in posting and searching home-cooked meals. By understanding this, Ventii Eats will not be responsible for missed deliveries or food spoilage that may be received by buyers. Merchants are accountable for their brand and product information posted on the platform.