Swiftee Foods Terms of Service - Vendors (Legal)
“Swiftee Foods” may amend the Terms from time to time, as allowed by Applicable Law, upon giving a reasonable Notice Period and by “Swiftee Foods” posting such amended Terms on this website or “Swiftee Foods” otherwise making such amended Terms available to Merchant.
Merchant appoints “Swiftee Foods” as Merchant’s limited payment collection agent solely for the purpose of: (A) accepting payment of the Retail Price of Items (plus any applicable VAT and other fees collected on Merchant’s behalf) sold by Merchant via the “Swiftee Foods” App, via the payment processing functionality facilitated by the “Swiftee Foods” Tools, and (B) transferring to Merchant the Retail Price (plus VAT and any other fees collected on Merchant’s behalf) less the retained Fees (including the Service Fee, Activation Fee, and/or Damage Fee, where applicable), the Delivery Fee for delivery services provided by a Marketplace Delivery Partner (where applicable), and any refunds given to the Customers on behalf of Merchant ("Item Revenue");
Merchant agrees that payment collected by “Swiftee Foods” on Merchant’s behalf will be considered the same as payment made directly to Merchant.
In exceptional circumstances only (as determined by “Swiftee Foods” in its sole discretion, acting reasonably), “Swiftee Foods” reserves the right to temporarily or permanently cancel or suspend a payment to Merchant. The foregoing exceptional circumstances shall include, but not be limited to, any legal or regulatory risk or potential breach of Applicable Laws associated with the transfer of such payment to Merchant, the actual or expected initiation of insolvency or bankruptcy proceedings against Merchant and any failure by Merchant to provide the Required Documentation by law.
Merchant acknowledges and agrees that once it has accepted a request for an order of Items, the “Swiftee Foods” App may provide certain information about Merchant to the Customer, including Merchant’s name and contact number. As between Merchant and “Swiftee Foods”, “Swiftee Foods” will retain sole and absolute control over the “Swiftee Foods” App (and all elements of the user experience and user interface relating to the “Swiftee Foods”App).
“Swiftee Foods” and its Affiliates do not guarantee the availability or uptime of the “Swiftee Foods”App. Merchant acknowledges and agrees that the “Swiftee Foods” App may be unavailable at any time and for any reason (e.g., due to scheduled maintenance or network failure). Further, the “Swiftee Foods” App may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications, and “Swiftee Foods” and its Affiliates are not responsible for any delays, delivery failures, or other damages, liabilities or losses resulting from such problems.
In connection with the provision of “Swiftee Foods” Services to Merchant, “Swiftee Foods”, on behalf of Merchant, may respond to complaints by Customers about Items and/or delivery sold by Merchant via the “Swiftee Foods” App.
“Swiftee Foods”, at its sole discretion, reserves the right to temporarily or permanently suspend, in whole or in part, Merchant’s access to the “Swiftee Foods” Services and “Swiftee Foods” Tools.
Merchants will make Items available for purchase through the “Swiftee Foods” App during its normal business hours.
Merchant is responsible for costs related to reimbursement to Customers in the event any such Customer(s) request a refund for Substandard Items or otherwise unsatisfactory Item(s) (including, without limitation, any costs associated with retrieving any such Substandard Items or otherwise unsatisfactory Item(s), if applicable). “Swiftee Foods” may deduct refunds from the Item Revenue transmitted to Merchant if the circumstance of the issue is related to Merchants stake (out-of-date food items, mistaken order items or the likes).
Merchant acknowledges and agrees that, after receiving Item(s), a Customer may be prompted by the “Swiftee Foods” App to provide a rating of such Item(s) (and, if applicable, delivery) and, at such Customer’s option, to provide comments or feedback related to the Customer’s experience with Merchant, the relevant Item(s) on the “Swiftee Foods” App, and either the delivery services (provided by either a Marketplace Delivery Partner or Aggregator Delivery Partner) or the Non-Delivery Method experience ("Customer Feedback"). “Swiftee Foods” reserves the right to use, share, and display Customer Feedback in any manner in connection with the business of “Swiftee Foods” without attribution to or approval of Merchant. “Swiftee Foods” reserves the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other Personal Data, violate any privacy laws and regulations or other Applicable Laws, or violate “Swiftee Foods” content policies.
“Swiftee Foods”, at its discretion, reserves the right to modify Merchant’s delivery radius or prices for reasons including, without limitation, to prevent or otherwise limit unfulfilled orders.
Fees of Service
“Swiftee Foods” will deduct a flat 18% commission from all sales and payment funnels approved and completed through the “Swiftee Foods” app, site.
“Swiftee Foods” will not forward any delivery charges, payment processing charge to merchants.
Merchants acknowledge that any device (order equipment, tablets & printers) held in store or at any merchant office, will be charged for at £10/mo and remains the property of “Swiftee Foods”, unless specified otherwise from direct contact of “Swiftee Foods”.
“Swiftee Foods” will be liable to and with dealing of any customer complaints, however will not obstruct customers from contacting merchants directly for any issues. Merchants reserve the right to forward any complaint issue to “Swiftee Foods” for a resolution. “Swiftee Foods” will be liable to compensate in any form it sees fit, for late deliveries, missed deliveries or any technical issue that “Swiftee Foods” would incur by any form or means.
Merchants remain monetarily liable for customer complaints in relation to merchants offerings, failure to comply with accepted orders, mistaken items or “mixups” of any kind.
Merchants: If you require assistance in understanding of any terms as a whole, section or phrase, please contact “Swiftee Foods” by email, firstname.lastname@example.org , and a team member will be available to assist.
Team @ Swiftee Inc.