Merchant Terms

1. General Description

 

1.1 Introduction

These Terms and Conditions (“Agreement”), is an agreement between you and SecondMunch PTE LTD, a Singapore company (“SecondMunch”), which guides your use of and access to the Service (as defined below) and the Website (as defined below).

 

If you do not want to be bound by this Agreement, please do not access or use the Service and/or Website. SecondMunch may terminate, without notice, your access to the Service and/or Website for failure to comply with this Agreement. SecondMunch reserves the right to amend this Agreement by changing them on this page, without prior consent or notification.  

 

By using the Service and/or on the Website, you accept this Agreement and agree to be bound by each of its terms. 

 

To the extent an individual is accepting this Agreement on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity

 

You have read and understand SecondMunch’s Privacy Policy, the terms of which are posted at the Website and incorporated herein by reference (the “Privacy Policy”).

 

1.2 What SecondMunch offers

The SecondMunch service is a sales channel, where merchants offer take away food items to members of the bot. In these terms of SecondMunch service, the term “merchants” refers to cafes and bakeries, but may also refer to other food providers operating in e.g. the grocery, hotels, or restaurant sectors. The aim of this service is to provide an opportunity for Merchants to sell surplus food to consumers. The SecondMunch service allows Merchants to gain additional revenue while decreasing food waste.

 

2. Purpose

The purpose of this Agreement is to explain the terms and conditions under which SecondMunch will let you use SecondMunch’s merchant service (the “Merchant Service”) through your devices and/or use the Website (collectively, the “Purpose“).

 

As also mentioned in other parts of this Agreement, SecondMunch does not have any control over any merchants, users, or third parties, and is therefore not responsible or liable for any actions taken or supposed to be taken by any such third party.

 

3. The SecondMunch Service

3.1 Registration

To use the sales channel service and the features made available through the Merchant Service and Website, you are required to register an account with SecondMunch (“Account”). Once you create your account, you are given access to SecondMunch’s software platform, as made available through the SecondMunch telegram bot and its website located at https://secondmunchsg.wixsite.com/home (the “Website”) solely for the Purpose.

 

In order to create your Account, you are required to provide certain personal information, which includes but is not limited to, your name and contact information. You are also required to provide your company information, which includes but is not limited to, company name, company information and billing information. 

 

How SecondMunch may store and use the personal information provided by you when you register an Account and/or use the Merchant Service and the Website is set out in the Privacy Policy.

 

3.2 Creating a sale

In order to create a sale, the SecondMunch Merchant must log into the merchant’s account and create surplus items to be sold (hereinafter referred to as “Item(s)”). To create an Item, the merchant has to input information about the item, such as title, ingredients, allergens, original selling price and discount. Each Item must be listed with the original regular price, and must be discounted by at least 30%. The merchant is not allowed, in all instances, to list an Item at a higher original price than the price charged at the merchant’s location. 

 

The merchant then indicates the quantity available, timing available for pick-up, and starts a sale through the Merchant Service. After the sale has started, the available Items will be shown to all SecondMunch users. 

 

3.3 Order and order confirmation

Individual SecondMunch users purchasing Items through the The SecondMunch telegram bot are hereinafter collectively referred to as Buyers or individually a Buyer. 

The SecondMunch user purchases Items through the SecondMunch telegram bot, and the logged in merchant will receive an order confirmation.

 

3.4 Sales obligations 

After a Buyer has placed an order for an Item made available by you through the Merchant Service and an order confirmation has been received, you are obliged to provide the Buyer with the ordered Item during the specified pick up time.

 

Items sold through the Merchant Service must be safe for consumption and have satisfactory quality and appearance. You are responsible for assuring the quality standards of the Items made available through the Merchant Service.

 

You are committed to preparing the food items offered through the Merchant service in compliance with the legislation concerning the handling, storing and transportation of food and in accordance with the established principles and practices of the industry.

 

3.5 Payment of Order

The Buyer will pay for ordered Item(s) through the SecondMunch telegram bot. SecondMunch may use a third-party payment service, and automatically charge the user when the user orders. The user does not have the right to change or cancel a made order unless stated otherwise by the merchant. 

 

3.6 Pick up, redemption and delivery

Upon arrival, the Buyer will show the merchant an order confirmation in the User Service and to indicate that the Item has been collected, in order to receive the Item(s). The merchant will then receive a confirmation on the Merchant Service that the Buyer has collected the Item. The Buyer is to pick up the ordered Item from the merchant premises during the time frame provided by the merchant. If the Buyer does not collect the Item during the given time frame, the merchant has the right to not provide the Item ordered to the Buyer. In such instances, the Buyer is not entitled to a refund for the ordered Item, unless stated otherwise by the merchant.

 

3.7 Fees and Payouts

SecondMunch will charge a percentage of the order value for each order made through the SecondMunch consumer service. SecondMunch may also at any point and in its discretion, begin charging fees for use of various portions of the Merchant Service and/or for different levels of subscriptions.

 

Monthly payouts of the merchant’s sales through the SecondMunch service is made to the account specified by the merchant. 

 

3.8 Reclamations and service disruptions 

SecondMunch is neither the provider nor producer of the Items listed in the SecondMunch service. Secondmunch will not, to the extent permissible by mandatory law, be liable for the quality of Items, damage caused by the Items, and/or errors that occur during the pickup of an order. The merchant is solely responsible for all user reclamations concerning Items made available through the Merchant Service. 

 

3.9 Customer support

For any technical issues or concerns, please contact our customer service team at secondmunchsg@gmail.com

 

4. Conditions of Use

 

4.1 Responsibilities

It is your responsibility to ensure all information provided by you to SecondMunch is current, accurate, and complete, and you will maintain the accuracy and completeness of this information going forward. 

It is also your responsibility to maintain all passwords and access codes to the Merchant Service. You should refrain from sharing or otherwise permitting third parties to use any such passwords and/or access codes to access the Merchant Service. 

 

4.2 Restrictions 

Except as expressly permitted under other parts of this Agreement, you may not modify, reproduce, duplicate, copy, publish or create derivative works of any part of the Website or the Merchant Service. This includes but is not limited to content, descriptions, images, software, or any information or materials retrieved from either of them, in whole or in part.

 

You may not use the Website or Merchant Service for any purpose that: invades any person’s or entity’s privacy or other rights; misidentifies or impersonates any person or entity, or could otherwise reasonably be deemed or viewed to be unethical, illegal or offensive.

 

4.3 SecondMunch rights

SecondMunch shall be entitled to post feedback regarding the merchant, both positive and negative, on the SecondMunch Website and within the Merchant Service and Consumer Service.  

SecondMunch maintains the right to, at any time,  suspend or terminate a merchant’s Account and access to the Merchant Service if the merchant violates this Agreement, or uses the Merchant Service and/or Website in a way that is harmful to SecondMunch or any third party.

 

5. Content

 

5.1 Third party content

The Merchant Service, consumer Service and Website contains and/or provides access to content provided by merchants and other third parties, such a Item pricing, discount information, menus, photographs, and merchant information (“Third Party Content”).

 

5.2 Information accuracy

The third party that any Third Party Content originates from is solely responsible for it, and SecondMunch cannot guarantee the accuracy of any Third Party Content posted via the Merchant Service and the Website. Such Third Party Content may include any offers provided by the merchant. 

 

In no cases will SecondMunch be liable for any damages arising from the use of the Merchant Service and/or the Website, or for any loss or damage of any kind incurred as a result of the Third Party Content or offers.

 

SecondMunch cannot guarantee that the Merchant Service and the Website, including the Content, will be uninterrupted or error free, and will not be held responsible if the Merchant Service and/or the Website is down or if any Content, information or functionality does not work as expected.

 

5.3 Intellectual property

SecondMunch is the sole owner of the Website, the Merchant Service, and all source code, software, content and other intellectual property related or included in it. 

 

All information from you to SecondMunch regarding the Merchant Service or the Website are, upon submission to SecondMunch, owned by SecondMunch. 

 

In exchange for your use of the Merchant Service, SecondMunch has the right to use the content you post to the Website or post through the Merchant Service for marketing purposes.

 

SecondMunch shall be entitled to advertise or/and display any public content of the merchant on the SecondMunch Website and/or consumer Service. 

 

5.4 Confidentiality

You are to treat all information of the other parties as confidential, and use such confidential information for any purpose other than to use the Merchant Service or Website, and are not to disclose such confidential information to any third party except as may be reasonably required according to this Agreement.

 

5.5 Copyright infringement

You may not use the Website, Merchant Service, and/or any other materials from the Website or Merchant Service in any manner that may infringe upon any copyright or other intellectual property right of SecondMunch or any third party.

 

6. Term and Termination of Account

 

6.1 Term

This Agreement shall continue in full force until either:

(i) You terminate your Account, or

(ii) SecondMunch terminates your access to the Merchant Service or non-public portions of the Website, with or without notice (the “Term”).

When this Agreement is terminated, you will no longer have access to the Merchant Service or any other non-public portions of the Website.

 

6.2 Termination of account

You are entitled to terminate your account with SecondMunch at any time.

 

7. Other

 

7.1 Force Majeure

SecondMunch shall not be liable to you for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control.

 

7.2 Any amendments of the agreement

SecondMunch may amend this Agreement, and any such amendment will be set in effect when the updated Agreement is posted on the Website.

 

Before making major changes to the Agreement, we will provide prior notice. If you do not agree to the amended Agreement, you have the right to terminate your Account before the amended Agreement comes into force.

 

7.3 Termination of service

SecondMunch reserves the right to modify, suspend, or discontinue the Merchant Service and the Website without any notice at any time, without any liability to you.

 

7.4 Miscellaneous

Unless otherwise specifically provided herein, each party shall pay its own costs and expenses in connection with this Agreement and its activities hereunder.

 

All disputes arising hereunder or in connection with this Agreement, the Website and/or the Merchant Service shall be resolved by the laws and courts of Singapore. 

 

SecondMunch has the right to transfer its rights and obligations under this Agreement. SecondMunch has the right to hire subcontractors for the fulfillment of its obligations.

 

If any part of this Agreement is held to be unenforceable or invalid for any reason, said part will be changed and interpreted to best accomplish its original intent and objectives. Any remaining parts will continue in full force.

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© 2020 SecondMunch Pte Ltd