MONJOY OBLIGATIONS

1. MonJoy will display Information and your Menu on the MonJoy Platform at its discretion;
2. MonJoy will forward Orders placed by Customers to you via a MonJoy provided URL link and/or via the Restaurant Application on a real-time basis;
3. MonJoy will not be responsible or liable for the (a) quality, quantity, descriptive accuracy and/or taste of the Goods advertised on the Platform; and/or (b) processing of the Orders which have been placed by the Customers with the Restaurant on the MonJoy Platform; and/or (c) any failure on the part of the Restaurant to comply with the special requests / instructions of a Customer where such requests and/or instructions have been communicated by the Customer at the time of placing an Order. The Restaurant agrees to take full liability and responsibility in respect of the foregoing;
4. Except in cases where the Restaurant opts for Self Delivery in respect of an Order, MonJoy will match the Restaurant with a Monjoy Driver through the Platform who will deliver Orders to Customers;
5. If an Order being delivered by a Monjoy Driver cannot be delivered to a Customer, for example if the Customer is not present to receive the Order, MonJoy will use reasonable endeavours to have the Order returned to the Restaurant by the Monjoy Driver 1 time in a month. The Restaurant acknowledges and agrees that it will not be paid for such Order and that if the Restaurant has already received the Net Order Value and/or any other Payment from MonJoy in respect of such Order (subject to any appropriate reductions hereunder), MonJoy will have a right to deduct the Net Order Value and/or the value of any other Payment made from or against any monies that are owed by MonJoy to the Restaurant from time to time under this Agreement;
6. MonJoy will handle any Customer and Restaurant complaints related to the MonJoy Platform, the Restaurant Application and/or the Device (in the event MonJoy has provided Restaurant with that Device);
7. MonJoy will deactivate the Restaurant’s account on the MonJoy Platform if the Restaurant is found non-compliant with any Applicable Law and may terminate this Agreement;
8. MonJoy will be responsible for the costs of any promotions offered by MonJoy with respect to Platform Services.

RESTAURANT OBLIGATIONS
1. Restaurant shall treat Orders received from Customer ordering via the MonJoy Platform with the same level of care, prep times, and attention, including providing the correct food items as per the Customer Order and providing the right packaging to avoid spillage or destruction of food items, as it treats Customer orders received via its own sales channels or via any third party;
2. Restaurant will ensure that the Information provided to MonJoy is up to date and accurate at all times;
3. Restaurant will use the Restaurant Application to make timely changes or updates to their Information, including but not limited to Menu items, Menu prices, operating hours and any other Information. If these changes cannot be made via the Restaurant Application, Restaurant will notify MonJoy by email of any changes and will provide 48 working hours’ notice for MonJoy to reflect such changes on the MonJoy Platform. If Restaurant fails to do so, Restaurant shall pay to MonJoy the Commission Percentage on any Orders that could not be processed due to outdated Restaurant Information.
4. Except for Orders subject to Self Delivery, the Restaurant will not require a minimum value with respect to any Order;
5. Restaurant will accept all Orders placed by Customers within two minutes of the Order appearing on the Restaurant Application and, in the event that the Restaurant fails to do the same, it will be liable to pay to MonJoy the Commission Percentage on any Orders not accepted by the Restaurant;
6. If Customer contacts Restaurant to request any change or modification to an Order, Restaurant will direct Customer to contact MonJoy directly. For Orders subject to Self Delivery, Restaurant shall deal directly with the Customer for queries relating to delivery times, delivery issues and driver location in respect of the Order and MonJoy shall direct the Customer to the Restaurant in respect of the same;
7. The Restaurant warrants that the Goods provided to Customers are: (a) of high quality and fit for human consumption; and (b) comply with all Applicable Laws, including all applicable food industry regulations including all packaging and labeling requirements required for Goods of that type;
8. The Restaurant will contact the MonJoy customer care if an Order cannot be processed as requested or to clarify the details of an Order, if required, post confirmation of the Order;
9. Restaurant will ensure that the preparation time of an Order will not exceed 20 minutes from the acceptance time of the relevant Order;
10. Restaurant will be responsible for any and all issues and costs associated with delayed delivery resulting from its failure to comply with such 20-minute preparation time period including costs associated with compensating the Customer, which shall be at MonJoy ’s sole discretion;
11. Restaurant will not engage in any fraudulent activity or misuse any benefits extended by MonJoy to it or to Customers;
12. Restaurant will be responsible for the costs of any discounted promotion offered by the Restaurant with respect to Goods, as agreed from time to time via email;
13. Restaurant will not at any time offer, by way of any medium, a price for any food and beverage item which is lower than the then-current price of the applicable item set out in the Menu and available through the MonJoy Platform;
14. If the Restaurant has not complied with the preparation instructions (as set forth in an Order) or has supplied poor quality or inaccurate Goods to the Customer, in the opinion of MonJoy , whereby MonJoy has (pursuant to the Customer’s complaint) refunded the Order Value to the Customer (“Problem Order”), the Restaurant acknowledges and agrees that the Restaurant will not be entitled to receive the Net Order Value and/or any Payments (defined below) for such Problem Order and that if the Restaurant has already received the Net Order Value from MonJoy in respect of such Problem Order (subject to any appropriate reductions hereunder), MonJoy will have a right to deduct or offset such amount from or against any monies that are owed by MonJoy to the Restaurant from time to time under this Agreement;
15. You shall disclose all relevant details pertaining to Problem Order(s) to MonJoy upon becoming aware of the same;
16. Restaurant will ensure that prices for Goods displayed on a Menu are at all times inclusive of applicable taxes and charges, including VAT; and
17. Restaurant shall perform its obligations and provide the Services hereunder in accordance with: (a) Good Industry Practice; (b) Technical Standards; (c) All applicable professional rules, code of conduct, regulations and associated guidelines; (d) Any timescales set out herein; and (e) Applicable Law.
18. Restaurant will ensure that no Order contains any Goods past their expiry and/or consumption date. In case any Customer informs MonJoy that the Customer has received any expired Good(s), Restaurant acknowledges and agrees that it will not be paid for such Order, and that if the Restaurant has already received any Payment (as defined below) from MonJoy in respect of such Order (subject to any appropriate reductions hereunder), MonJoy will have a right to deduct or offset such amount from or against any monies that are owed by MonJoy to the Restaurant from time to time under this Agreement
19. Restaurant warrants, represents and undertakes that prior to dispatch of any Goods, any such Goods have at all times been handled, stored and maintained in hygienic and sanitary conditions and in accordance with Applicable Law, Good Industry Practice and any instructions or requirements of the manufacturer and/or producer of the Goods;
20. THE RESTAURANT WARRANTS, REPRESENTS AND UNDERTAKES THAT IT HAS, AND WILL MAINTAIN, ALL NECESSARY LICENSES AND PERMITS REQUIRED FOR MARKETING (IN ALL CHANNELS), SALE AND DELIVERY OF THE GOODS IN ALL TERRITORIES WHERE THE SERVICES ARE PERFORMED. IF ANY SUCH LICENSE OR PERMIT IS REVOKED, EXPIRES OR IS TERMINATED FOR ANY REASON WHATSOEVER THEN THE RESTAURANT SHALL PROMPTLY NOTIFY MONJOY IN WRITING;

Charges, Payments and Commission
1. The Restaurant acknowledges and agrees that while MonJoy will use its reasonable efforts to ensure that the MonJoy Platform is not misused by Customers for the placement of wrong Orders, it is the ultimate responsibility of the Restaurant to determine whether an Order is wrong or not. In the event of a wrong Order, the Restaurant undertakes to report such a wrong Order to MonJoy through the Device or call MonJoy for MonJoy ’s action and investigation.
2. MonJoy may perform a variety of marketing activities to promote the Restaurant and the Restaurant’s menu; provided, however, that all such marketing activities will be
determined in MonJoy ’s sole and absolute discretion and the MonJoy Platform may be modified or updated, without notice and from time to time, to reflect any such changes.
3. The Restaurant acknowledges and agrees that the MonJoy Platform will provide the following payment mechanisms to Customers for the payment of the Order Value: (a) Cash on delivery; (b) Redemption of vouchers and/or discount promotion (if any) approved by MonJoy.
4. In the event that any of the Restaurant or its employees irreparably damages or loses the Device or any of its accessories during the subsistence of this Agreement, MonJoy shall replace the same and the Restaurant shall be charged for the cost of replacement.
5. The Restaurant shall pay to MonJoy the Commission Percentage( ) for all Orders.
6. MonJoy will settle Net Order Value owed to Restaurant in accordance with the payment terms specified on the Enrollment Agreement (“Payments”). Restaurant agrees that MonJoy shall be entitled to set-off any amounts Restaurant owes to MonJoy hereunder (including the Commission Percentage) from the Payments. Restaurant will be responsible for any taxes or charges payable on the Goods including collecting, paying and reporting such taxes to the appropriate authorities and providing Customers with compliant Tax Invoices where required under local laws for the Goods.
7. Restaurant acknowledges and agrees that MonJoy will provide the Restaurant with a monthly statement within a period of 14 (fourteen) business days from the last day of each month setting forth all of the Orders during such month and any amounts due to MonJoy in respect of Orders (including the Commission Percentage). Such statements will be sent to the Restaurant using the email address specified in the Enrollment Agreement.
8. In the event that an Order is not delivered to a Customer as a direct result of the negligence or willful misconduct of a Captain, MonJoy shall waive the Commission Percentage owed to it in relation to such Order and MonJoy shall put forth its best commercial efforts to procure that such Captain re-pay Customer or Restaurant the Order Value if such amount was paid by Customer in advance.
9. The Parties acknowledge and agree that Order ratings are entirely under the control of Customers and the Restaurant’s accumulated average rating displayed on the MonJoy Platform is calculated using the ratings which are given by the Customer in respect of each Order which is placed by such Customer with the Restaurant on the MonJoy Platform.
10. The Restaurant acknowledges and agrees that MonJoy reserves the right to review and modify the foregoing delivery rating system and the Commission Percentage periodically upon sending an email notice to the Restaurant and that MonJoy ’s decision in this regard shall be final and binding on the Restaurant.

Customer Review

The best way to get reviews is to delight customers with your food and service. Selective solicitation is a strict NO, and offering any type of compensation or kick-back for reviews is unfair, so you definitely want to keep away from that, too.

* Don’t ever offer freebies, discounts, or payment in exchange for reviews
* Don't offer incentives for users to remove reviews
* Don’t ask your staff to compete with each other to collect reviews
* Don’t work with companies or third-party vendors/PR agencies offering to 'fix your reviews/ratings'
* While conducting foodie meetups is allowed, reviews which come in lieu of these official gatherings must carry a clear disclaimer which will help the others identify that the review is based on an invite. That being said, an invite certainly does not mean that the user needs to post a positive review

The businesses that do best on Monjoy are the ones that provide a great customer experience to everyone who walks in the door without any expectation or encouragement that they write a positive review.

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