DIRECT DELIVERY SAAS TERMS & CONDITIONS
1. General. By either (i) clicking through an online registration process for SevenRooms’ Direct Deliver SAAS service (the “Direct Delivery SAAS”) or (ii) agreeing to a SevenRooms Order Form or other contractual addendum or agreement for the Direct Delivery SAAS that references these terms (a “DD Order”), the entity identified within such online path or on such DD Order (“Client” or “you”) hereby accepts and agrees to be bound by these Direct Delivery SAAS Terms and Conditions (these “DD Terms”), which constitute a legally binding agreement by and between Client and SevenRooms LLC (“SevenRooms” “we” or “us”).
2. SevenRooms General Terms Agreement. If you are already a party to an existing agreement with SevenRooms for access to its broader platform and/or other services, then these Terms are being provided as part of and are incorporated into such agreement (such agreement, your “Existing Agreement”). If you are not a party to an Existing Agreement, then these terms are made part of and incorporated into SevenRooms general customer terms of service, which you hereby agree to accept and which can be found at sevenrooms.com/en/generalterms/ (the Existing Agreement or the foregoing online terms, as applicable, your “SevenRooms General Terms”). These DD Terms and Conditions shall supersede the applicable SevenRooms General Terms solely (i) as applicable to the Direct Delivery SAAS and (ii) as specifically provided herein.
3. Updates. Client’s access to and use of the Direct Delivery SAAS is subject to these DD Terms, which may be modified or updated by SevenRooms from time to time, effective upon posting an updated version of these Terms on the SevenRooms website at www.sevenrooms.com/en/ddterms. Client is responsible for regularly reviewing these DD Terms for updates and information from SevenRooms. Continued use of the Direct Delivery SAAS after any such modifications or updates shall constitute Client’s consent to such changes. Notwithstanding the foregoing, SevenRooms will not increase the Fees or materially degrade the services described in your DD Order without providing written notice to you, and (i) any pre-paid fees will not be affected by such change and (ii) in the event of any price increases, you will have thirty (30) days to reject any such change by providing a written termination notice to SevenRooms. If you do not provide a written notice of termination within such thirty-day period, then you will be deemed to have approved and accepted such changes.
4. Direct Delivery SAAS Terms.
4.1 SevenRooms Obligations; Limitations. The Direct Delivery SAAS helps to facilitate Client’s delivery of its own food, beverage and related products to its customers’ homes, offices or other venues. SevenRooms will provide the Directly Delivery SAAS in a professional and workmanlike manner. However, Client acknowledges and agrees that SevenRooms is merely providing a technology to assist Client’s provision of delivery services (i.e., SevenRooms is not a product delivery provider). Therefore, Client retains sole responsibility for its delivery services, its delivered (and other) products and its end-user experience, including any associated complaints, issues or liability arising therefrom. For clarity, the foregoing means that, except for SevenRooms’ limited warranty described above, SevenRooms shall have no liability to Client in relation to Client’s delivery business. In addition, ASIDE FROM THE LIMITED WARRANTY IN THIS SECTION 4.1, SEVENROOMS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), IN CONNECTION WITH THESE DD TERMS, OR THE DIRECT DELIVERY SAAS. SEVENROOMS PROVIDES THE DIRECT DELIVERY SAAS ON AN “AS-IS” BASIS AND DOES NOT WARRANT THAT THE PLATFORM OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
4.2 Client Obligations. Client will make items available for purchase through the Direct Delivery SAAS (“Available Items”) during its normal business hours and ensure the Available Items menu is accurate. Client will conduct its delivery and general business in accordance with all laws and regulations, including but not limited to those concerning its preparation, handling, storage, labeling, marketing and sale of food and alcohol. Client represents and warrants that (i) all nutritional information for Available Items, including calorie count or allergen information, that is made available through the Direct Delivery SAAS is, and at all times will remain, accurate, (ii) any Available Items that are regulated products, such as alcohol, cannabis, drugs or otherwise, if any, will be sold and delivered on a lawful basis, to appropriately screened customers, and (iii) Client will not use the Directly Delivery SAAS service to offer any of the following Available Items: any products that it is not legally permitted to offer, people or animals of any size, illegal items, fragile items, dangerous items (like weapons, explosives, flammables, etc.), stolen goods, items containing endangered species or any items that Client does not have permission to send. Alcohol sales are permitted in accordance with all laws and regulations pertaining to your jurisdiction and third party contracts.
4.3 Client Indemnity. In addition to any indemnity obligations that may arise under the SevenRooms General Terms, Client will indemnify SevenRooms (and its affiliates and their shareholders, directors, employees and other agents) against any loss or damages arising from any claim arising out of (i) Client’s use of the Direct Delivery SAAS, including any claims by any of Client’s end-user customers (ii) Client’s business or services violating these DD Terms or any applicable statute or regulation, in any way.
4.4 Client Marketing. If Client chooses to utilize marketing services through the Direct Delivery SAAS product and related services, Client grants SevenRooms permission to access its client database and CRM tool for the purpose of obtaining customer information and communicating with Client’s customers via email or other social marketing.
5. BBOT SERVICE – INCORPORATED THIRD PARTY TERMS. SevenRooms currently provides the Direct Delivery SAAS in conjunction with its preferred integrated third party technology platform provider, Bbot, Inc. (“BBOT”). To access and use the Direct Delivery SAAS, you must agree to be bound by the BBOT Terms and Conditions, set forth below. If you cannot agree to the BBOT Terms and Conditions then you must and cannot use the Direct Delivery SAAS. Your agreement to any DD Order and these DD Terms indicates your agreement to become bound by the BBOT Terms and Conditions of service located at: https://bbot.menu/terms.
6. BBOT SERVICE – INCORPORATED THIRD PARTY TERMS. If Client elects to utilize DoorDash for third party delivery within the Direct Delivery SAAS, Client provides its agreement to become bound by the DoorDash terms and conditions of service located at: https://help.doordash.com/merchants/s/terms-of-service-us?language=en_US