Core Terms
The following terms and conditions shall apply to Restaurant’s purchase of a subscription to the Order Better Network. All capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the General Terms.
A. ORDER BETTER NETWORK
1. Access to the Order Better Network.
Subject to the terms and conditions of the Agreement, ChowNow shall enable Customers to submit Orders through the Order Better Network.
2. Order Better Network Participant Terms.
If any Order Better Network Participant imposes any additional terms and conditions in connection with Orders originating on its platform, ChowNow shall provide Restaurant notice of such additional terms, and Restaurant must comply with the same.
3. Commissions.
Restaurant shall pay ChowNow Commissions on all of Restaurant’s Orders received through the Order Better Network at the rate applicable to Restaurant’s Subscription Type.
4. Fees.
Restaurant shall pay ChowNow a Set Up Fee and Tablet Fee, as applicable.
5. Profit Protection Program.
If Restaurant opts into ChowNow’s profit protection program (“Profit Protection”), Restaurant may increase its Menu prices solely in connection with Orders received through the Order Better Network to account for Commissions on an Order.
B. ONLINE ORDERING THROUGH CHOWNOW APP AND WEB
1. Access to the Platform.
Subject to the terms and conditions of the Agreement, ChowNow hereby grants to Restaurant during the Term a limited, non-exclusive, and non-transferable (except as permitted under the General Terms) right to authorize Users to access and use the Core Platform. The Core Platform is accessed via ChowNow’s website, www.chownow.com, and/or ChowNow’s dedicated Core website, eat.chownow.com; ChowNow’s Google Place Actions plugin; and/or ChowNow’s mobile application. Restaurant shall be responsible to ChowNow for any and all acts and omissions of its Users and any other person who accesses and uses the Core Platform using any of User’s login credentials. The Core Platform may be modified by ChowNow from time to time. Without limiting the generality of the foregoing, ChowNow reserves the right to change the availability of any feature, function, or content relating to the Core Platform, at any time, without notice or liability.
2. Representations and Warranties.
Restaurant represents and warrants that the prices it charges Customers through the Core Platform shall be the same prices (or lower) that it charges customers not using the Core Platform. In the event Restaurant breaches the foregoing representation and warranty, Restaurant shall be liable to the Customer for, and ChowNow shall automatically deduct from Restaurant’s account, the difference between the prices charged to a Customer and the prices offered for the same item(s) by Restaurant outside of the Core Platform.
3. ChowNow App and Web Listing.
The Core Platform includes listings on both the ChowNow App and Website subject to the terms of this Agreement.4. ChowNow Widget.
If Restaurant has subscribed to the Core Platform, it is advisable that Restaurant permit ChowNow to embed the ChowNow widget in Restaurant’s website. Upon Restaurant’s prior consent, Restaurant hereby grants ChowNow the right, during the Term, to embed the ChowNow Widget in Restaurant’s website at no cost to Restaurant. To the extent that Restaurant has a web developer that is capable of integrating the ChowNow Widget, Restaurant may authorize that person to do so. To the extent permission to do so is required from a third party acting on Restaurant’s behalf (e.g., Restaurant’s hosting provider, webmaster, etc.), Restaurant will assist ChowNow in promptly obtaining such permission and providing any necessary access credentials. Restaurant shall promptly, and within no more than three (3) business days, inspect the installation of the ChowNow widget on Restaurant’s website and notify ChowNow in writing if Restaurant is not satisfied with the installation.
5. Fees.
Restaurant shall pay ChowNow a Set Up Fee and Tablet Fee, as applicable.
