The following terms and conditions shall apply to Restaurant’s purchase of a subscription to the Marketplace Platform. All capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in
the General Terms.
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 Marketplace Platform. The Marketplace Platform is accessed via ChowNow’s website, www.chownow.com, and/or ChowNow’s dedicated Marketplace 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 Marketplace Platform using any of User’s login credentials. The Marketplace 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 Marketplace Platform, at any time, without notice or liability.
2. Representations and Warranties.
Restaurant represents and warrants that the prices it charges Customers through the Marketplace Platform shall be the same prices (or lower) that it charges customers not using the Marketplace 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 Marketplace Platform.
3. ChowNow Widget.
If Restaurant has subscribed to the Marketplace 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 ⑶ 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.
Restaurant shall pay ChowNow a Set Up Fee and Tablet Fee, as applicable. For the avoidance of doubt, if a Restaurant subscribes to both the Order Better Network and Marketplace, the Restaurant will only be responsible for payment of the Set-Up Fee and Tablet Fee as if it were paying for one subscription, so as to not incur duplicative charges.