Partner Terms and Conditions

These terms apply to your access to and use of PLATE’s Partner Services via our websites *.plate.click and our mobile applications (our ‘Applications’). PLATE.CLICK Ltd is a company incorporated and registered in England and Wales. Our company registration number is 12884532 By accepting these terms or by accepting an order via our Applications you confirm that: • You have the authority to do so and to bind the person or company you are accepting for • You accept our offer to provide a service whereby you either deliver a customer’s order to their table or the customer picks-up their order from the counter or bar, on these terms • You agree to fully comply in full with these terms • You are responsible for certain checks required by PLATE such as age verification and food hygiene rating. These terms form a contract between you and PLATE, which commences at a later date once you have passed PLATE’s onboarding checks. Please note that we may change these Terms from time to time. We will notify you of any material changes before they happen. If you access or use our Applications after being notified of the change, you are deemed to have accepted that change. Please keep a copy of these terms for your records. If you have any questions pertaining to these terms, contact us at partners@plate.click. What is PLATE PLATE’s Applications allow customers to order and pay from their table in a hospitality venue or to place an order and pay to pick-up at the counter or bar area. You can learn more here: https://plate.click/how-it-works/ When you sign-up to PLATE, these terms will be applied to all establishments associated with your Company unless you tell us otherwise using the contact details above. By signing up to PLATE you authorise PLATE to be used as a platform to solicit, promote and complete payment for customer orders in your name. Customer Payments On registering for a PLATE Partner account, you will also register for a Stripe account. Stripe is the payment platform used by PLATE’s Applications such that you can receive customer payments. Customer payments made in respect of orders placed through PLATE’s Applications will be collected in your Stripe account. PLATE do not collect customer payments on your behalf. It is your responsibility to ensure that all details provided on your Stripe account are correct. PLATE take no responsibility for errors made when opening or managing your Stripe account. If you have any questions or issues regarding your Stripe account, you must contact Stripe. Customer Refunds You will manage all customer refund requests at your discretion under your normal business terms and that of the law. PLATE does not manage customer refunds and may refer customers to contact you directly. Partner Fees Your use of our Applications is subject to a fee up to 3% of Gross Merchandise Value (GMV) per order. Once the customer’s payment is confirmed, the fee is automatically transferred from your Stripe account to PLATE’s Platform Account. What we will do • We will carry out the on-boarding process for you to become a PLATE Partner. • We will, subject to our rights to suspend your PLATE Partner account under these terms, publish your venue details, such as name, opening hours, address, menu, etc on our Applications to a devoted page for your venue(s) (the ‘Venue Page’). • We will implement and facilitated customer digital orders and payment through our Applications. What you must do Onboarding and Set-Up of Your Partner Account: Provide all information and materials as reasonably required by PLATE to onboard you as a Partner. You must ensure that any information you provide to PLATE and customers in respect to your use of our Applications is complete and accurate. Provide us with the menu you want displayed on your Venue Page. The menu items must have accurate descriptions including allergen advice and price plus applicable VAT. You agree: o We may, within reason, make limited edits to your menu items. o To ensure, for the purpose of customer experience, the price of menu items you provide to be displayed on our Applications are the same as prices offered on your in-venue menu. Use of the Applications Ensure that the table stickers provided by PLATE match your in-venue table numbers. Display any signage provide by PLATE in accordance with our instructions. Keep your menu up to date. If changes need to be made provide us with 3-days’ notice. Ensure menu items are available to be ordered during your opening hours and reject or accept orders appropriately. You can also make use of the Application’s show/hide menu item feature. You should not accept cash payments for an order made via the Applications. Ensure that orders via the Applications are made with skill, care and diligence. In particular, you must ensure that menu items: o Match that of the menu description. o Are not harmful to the customers’ health. o Have been properly cooked or prepared and are safe, fit for consumption and palatable. o Are safely and appropriately served. o Are served at the appropriate temperature. o Are served within appropriate timescales as indicated to the customer. If for any reason, the order is delayed you should notify the customer. To your best endeavours try to resolve customer complaints in a cooperative, timely and professional manner with the customer – unless the complaint pertains to a technical issue of the Application. PLATE does not provide customer service for order service or payment complaints. General Requirements Maintain the security of any credentials used to access your Partner Account. You are responsible for the actions of any person using access credentials. Comply with all applicable laws and licencing, registration and approvals requirements at all times, and any PLATE policies made available to you. Cooperate with PLATE and provide, in a timely manner, assistance or information that we may reasonably require. Equipment Required You will need a smartphone or tablet to start accepting orders. PLATE does not provide this equipment; you can use your own device which you are responsible for maintaining. The PLATE mobile application is made available at the Apple App Store for iOS and the Google Play Store for Android. You must promptly implement any patches, updates, upgrades and/or new versions of the software that we release. Suspension and Termination We may suspend your use of the Applications on giving you notice if we known or suspect you have breached these terms, or if we otherwise consider suspension reasonably necessary considering all relevant circumstances. We will provide you with the reasons for the suspension where permitted by law. We will maintain the suspension until you have remedied the breach to our reasonable satisfaction, or we no longer consider the suspension necessary in the circumstances. These terms take effect on acceptance and continue until termination by either party giving 30 days’ written notice to the other. Notice to PLATE can be provide by email at partners@plate.click. Notice by PLATE will be provided to the email registered on your Partner Account. If permitted by law and where we consider immediate termination necessary in the circumstances, we may give you written noticed to terminate these terms with immediate effect. Intellectual property All rights, title and any software we provide for your user and any other material we provide under these terms are and shall at all times remain PLATE’s intellectual property (“PLATE IP”). We grant you limited, non-exclusive, non-transferrable non-sublicensable, revocable license to use the PLATE IP in the country you operate in during the term of our agreement. You must note and shall not permit and third-party to: • Copy, adapt of reverse engineer, decompile, modify, or make error corrections to any PLATE IP other than with our express prior to written consent. • Breach, disable, tamper with, or develop, modify or use any workaround for any security measure in any PLATE IP or otherwise do anything that disrupts any PLATE IP, PLATE or any person. To improve our Partners’ experience, develop our products and for security, we may collect data about your use of our Applications. By using the Applications you agree to us collecting and using this information. Limitation of Liability WE EXCLUDE ALL LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE HAVE NO LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT OR SPECIAL DAMAGES OF ANY KIND OR FOR LOSS OF PROFITS, REVENUE OR BUSINESS ARISING OUT OF OR RELATING TO ORDERS PLACED BY CUSTOMERS USING OUR APPLICATIONS OR THESE TERMS. OUR APPLICATIONS ARE PROVIDED AS-IS. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESSED, IMPLIED OR STATUTORY, WITH RESPECT TO PLATE INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUAILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON INFRINGEMENT OF THIRD-PARTY RIGHTS. These terms are the entire legal agreement between you and PLATE. You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in these terms. A delay in enforcing these terms is not a waiver. If part of these terms is found to be illegal or unenforceable, the rest of the terms remain in force. These terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction in respect of or in connection with these terms. Data Protection We will provide you with the details of the customer’s order to allow you to process and fulfil it. You must not access or use any of this information for any other purpose than the fulfilment of the order to which it relates in accordance with these terms or to investigate a refund request. Both parties agree that, in respect to personal data collected from customers, each party is an independent controller and shall comply with data protection laws. Each party agrees to provide reasonable and prompt assistance to the other party as necessary to assist the other party to ensure compliance with its obligations under data protection laws and enable the other party to comply with data protection requests and/or respond to queries or complaints received from customers or supervisory authorities.