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.