Merchant Agreement

Food 2 Go Curacao, a company organized and existing under the laws of Curacao, having its offices at Chuchubiweg 17, Willemstad, Curacao, registered at the local chamber of commerce under number 153211, hereinafter referred to as "Food 2-Go Curacao or F2G")

AND

{NAME OF RESTAURANT}, Located at: {ADDRESS}, Willemstad, Curacao, registered at the local chamber of commerce under number {NUMBER}, (hereinafter referred to as "The Restaurant")

WHEREAS:

-          F2G is a Food Delivery Platform to transport food and beverages to residential and commercials business withing a map highlighted area as per addendum I.

-          The Restaurant is engaged in the production and sale of food and beverage and is interested in using F2G Food Delivery Platform.

-          The Restaurant is in compliance with all laws and regulations to sell food and beverage and in possession of the required licenses (HORECA vergunning)

NOW, THEREFORE, the parties hereto hereby agree to the following:

This agreement shall end on: {DATE}, at which time parties will enter into good-faith negations to create another agreement period.

Scope of the Agreement:

This Agreement shall govern all orders and subsequent deliveries made by Food 2-Go Curacao. This agreement sets forth expectations of Food 2-Go Curacao and expectations of The Restaurant.

1.      TERMS OF SERVICE OF FOOD 2-GO CURACAO

a)      F2G is not a manufacturer or a seller or distributor of food and beverages and only places an order against The Restaurant on behalf of the User customer pursuant to this agreement and facilitate the sale and purchase of food and beverages between the User customer and The Restaurant.

b)      F2G shall not be liable for any actions or omission by The Restaurant including but not limited deficiency in service, wrong delivery of order, quality of food, missing items and time is taken to prepare of order.

c)      F2G ensure orders specified to The Restaurant are accurate and will be responsible for sales tax at the time of order payment.

d)      F2G will ensure that all their employees represent the products of The Restaurant in a professional manner - this will be accomplished with in-housetraining and support.

e)      F2G cannot guarantee any turnover at any time for the restaurant and will not seek refunds for product complaints that are the result of poor handling by F2G employees.

f)       F2G will not seek refunds for misrepresentation of prices on on-line menus or databases maintained by Food 2-Go Curacao.

g)      F2G, without charge, will create a web presence for The Restaurant on the Food 2-Go Curacao platform.

h)      F2G has the right to reject orders or to pause the service to make sure that the quality of the service can be continued. Claims cannot be made from this.

i)        In case the order takes more than 10 minutes longer to prepare the agreed on and the delivery driver has to wait for the food to be ready, then Food 2-Go Curacao will charge 0.75 ANG per minute to The Restaurant.

j)        Once a week Food 2-Go Curacao will pay the total turnover of the orders (excluding delivery costs) minus the 15 % commission that goes to Food 2-Go Curacao, to the restaurant per bank transfer. If the total of the commission is less than 5 ANG then Food 2- Go Curacao will charge 5 ANG commission for said order.

k)      F2G does not deliver alcoholic beverages to minors, If Food 2-Go Curacao finds that any order with alcoholic beverage cannot be delivered due to a customer’s age, Food 2-Go Curacao has the right to return that beverage.

2.      TERMS OF USE FOR THE RESTAURANT

a)      The Restaurant agrees to be responsible for paying on and all other taxes that they are required to pay to the authorities regarding the amounts Food 2–Go Curacao transfer to the restaurant.

b)      The Restaurant agrees to a 15% discount on the total food order, (sales taxes shall

be calculated at full value if required).

c)      The Restaurant agrees to provide refunds of products that are the result of poor quality or otherwise improperly prepared.

d)      The Restaurant agrees to allow in-restaurant marketing of Food 2-Go Curacao services if aesthetic concerns of The Restaurant are agreed to.

e)      The Restaurant agrees to provide an accurate menu and prices to Food 2-Go Curacao and keep F2G informed of any product or price changes as they occur.

f)       The Restaurant agrees to provide appropriate containers and portion control products for the food to be delivered and, will consider creating a “Delivery” menu in the event the normal menu proves to be too difficult to manage on-line.

g)      The restaurant is responsible for providing the right products for the delivery. If a product is missing or a wrong product has been delivered and the Food 2-Go Curacao driver needs to do -  an extra drive to deliver the missing/correct products, Food 2-Go Curacao will charge 15 ANG for that extra drive to the restaurant.

h)      The order needs to be ready within 15 to 30 minutes after the restaurants accepts the order online.

3.      PAYMENTS AND REFUNDS

I.                    Refunds

a)      The user shall be entitled to a refund only if the user have pre-paid for its order at the time of placing its order on the F2G Platform and only in the event of any of the following circumstances:

1)      The order packaging has been tampered or damaged at the time of delivery;

2)      The user cancels the order due to:

a)      The delivery location following outside the designated delivery zones; or

b)      Where the user cancels the order at the time of confirmation due to unavailability of the items ordered for at the time of booking.

b)      The decision on refunds shall be at the sole discretion of the Food Delivery Platform and shall be final and binding.

c)      All refund amounts shall be credited to the user account within 3-4 business days in accordance with the terms that may be stipulated by the bank which has issued the credit/debit card.

II.                  Payments

In case of payment at the time of delivery, the user shall not be required to pay for:

a)      Orders where the packaging has been tampered or damaged by F2G; or

b)      Wrong order being delivered by F2G.

4.      Indemnity Clause

In general, both Food 2-Go Curacao and The Restaurant agree to indemnify and hold

each other harmless from and against any and all such legal complaints that arise from

doing business together.

5.      Applicable law

This Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the country Curacao.

IN WITNESS WHEREOF, each of the Parties has executed this Merchant Agreement, both Parties by its duly authorized office, as of the day and year set forth below.

Food 2-Go Curacao                                                                                                                                           Merchant