Common use of Ordering and Payment Clause in Contracts

Ordering and Payment. 4.1. End Users can view your profile and service information. To place an order, an End User will select Item from your menu or offer list, which are then added to the End User’s basket. The End User can then confirm their order and pay. The End User may request ASAP or scheduled delivery and ASAP or scheduled collection. 4.2. Once the End User Payment is received by us and you have accepted the Order, the Order is confirmed. There is no obligation on you to accept a request an Order, but if you do accept an Order, then you are then contractually-obligated to fulfil the Order. 4.3. You will co-operate with Go Eats Drivers and confirm you are aware of: 4.3.1. the Go Eats Service Standard; 4.3.2. the Go Eats Safe Working Practice Policy For Drivers; 4.3.3. Go Eats’s other safe working policies; copies of which will be provided to you and Go Eats Drivers. 4.4. Where you use your own drivers for delivery, you confirm that you will nevertheless endeavour to comply with 4.3.1 above and use reasonable endeavours to comply with 4.3.2 and 4.3.3 above. 4.5. Where an End User decides to collect Items from you: 4.5.1. when accepting the Order, you will confirm a designated collection time; 4.5.2. you will ensure that the Items are available for collection by the End User at the designated collection time. 4.6. End User Payments will be held in escrow by Go Eats acting as a collection agent for the Partner. Go Eats reserves the right to engage a commercial payment processor for the purpose of receiving and processing payments from Partners, End Users and others, and for holding funds in escrow, where appropriate. 4.7. Within seven (7) days of an Order, Go Eats will deduct and retain its Fees from the corresponding End User Payment and remit the balance to you by electronic bank transfer. In the event you require a faster means of payment, such as telegraphic transfer, Go Eats may agree to process payment using this method in its absolute discretion and on the condition that Go Eats shall deduct an additional fee for this service. 4.8. All sums payable to Go Eats under this agreement are exclusive of amounts in respect of value added tax (VAT) chargeable for the time being at the current rate from time-to-time in force. 4.9. You will pay all amounts due to Go Eats under this Agreement in full without any deduction or withholding and you will not be entitled to assert any credit, set-off or counterclaim against Go Eats in order to justify withholding payment of any such amount in whole or in part. Go Eats will set off any amount owing to it by you, including for the Fees or otherwise, from any monies that it accepts from End Users. 4.10. Payments by End Users are routinely checked by Go Eats for fraud prevention purposes, before any payments are released to the Partner. Where fraud is reasonably suspected, Go Eats aims to resolve such issues and process these payments and credit funds to the Partner as soon as reasonably possible and within a maximum of thirty (30) days of the Order. 4.11. The Parties agree that Go Eats may review and increase its Fees and Commissions from time to time, in its sole discretion by updating the current Table of Fees. So far is as possible, Go Eats will endeavour to give you thirty

Ordering and Payment. 4.1. End Users can view your profile and service information. To place an order, an End User will select Item from your menu or offer list, which are then added to the End User’s basket. The End User can then confirm their order and pay. The End User may request ASAP or scheduled delivery and ASAP or scheduled collection. 4.2. Once the End User Payment is received by us and you have accepted the Order, the Order is confirmed. There is no obligation on you to accept a request an Order, but if you do accept an Order, then you are then contractually-obligated to fulfil the Order. 4.3. You will co-operate with Go Eats Shop Local Drivers and confirm you are aware of: 4.3.1. the Go Eats Shop Local Service Standard; 4.3.2. the Go Eats Shop Local Safe Working Practice Policy For Drivers; 4.3.3. Go EatsShop Local’s other safe working policies; copies of which will be provided to you and Go Eats Shop Local Drivers. 4.4. Where you use your own drivers for delivery, you confirm that you will nevertheless endeavour to comply with 4.3.1 above and use reasonable endeavours to comply with 4.3.2 and 4.3.3 above. 4.5. Where an End User decides to collect Items from you: 4.5.1. when accepting the Order, you will confirm a designated collection time; 4.5.2. you will ensure that the Items are available for collection by the End User at the designated collection time. 4.6. End User Payments will be held in escrow by Go Eats Shop Local acting as a collection agent for the Partner. Go Eats Shop Local reserves the right to engage a commercial payment processor for the purpose of receiving and processing payments from Partners, End Users and others, and for holding funds in escrow, where appropriate. 4.7. Within seven (7) days of an Order, Go Eats Shop Local will deduct and retain its Fees from the corresponding End User Payment and remit the balance to you by electronic bank transfer. In the event you require a faster means of payment, such as telegraphic transfer, Go Eats Shop Local may agree to process payment using this method in its absolute discretion and on the condition that Go Eats Shop Local shall deduct an additional fee for this service. 4.8. All sums payable to Go Eats Shop Local under this agreement are exclusive of amounts in respect of value added tax (VAT) chargeable for the time being at the current rate from time-to-time in force. 4.9. You will pay all amounts due to Go Eats Shop Local under this Agreement in full without any deduction or withholding and you will not be entitled to assert any credit, set-off or counterclaim against Go Eats Shop Local in order to justify withholding payment of any such amount in whole or in part. Go Eats Shop Local will set off any amount owing to it by you, including for the Fees or otherwise, from any monies that it accepts from End Users. 4.10. Payments by End Users are routinely checked by Go Eats Shop Local for fraud prevention purposes, before any payments are released to the Partner. Where fraud is reasonably suspected, Go Eats Shop Local aims to resolve such issues and process these payments and credit funds to the Partner as soon as reasonably possible and within a maximum of thirty (30) days of the Order. 4.11. The Parties agree that Go Eats Shop Local may review and increase its Fees and Commissions from time to time, in its sole discretion by updating the current Table of Fees. So far is as possible, Go Eats Shop Local will endeavour to give you thirtythirty (30) days’ prior notice of any such change by e-mail. 4.12. In the event that you cancel or suspend your services or provide incorrect information to Go Shop Local or End Users via the App or any other means, Go Shop Local may, at its entire discretion, offer to refund End User Payments to End Users without having to seek your prior consent or authority.