Terms and Conditions

Restoflix and Restoflix Terminal offers consumers and partner companies (restaurants, bars, pubs, cafés, hotels etc.) a platform to find each other easily, manage orders and improve processes. In these Terms And Conditions - We will describe the rules, rights, and duties that are involved in offering products and services on Restoflix for partners. This "Terms and Conditions" presumes that You already read the other "Terms and Conditions" on the website for further reference.

1 Definitions

In these terms and conditions We use the following definitions:

Terms And Conditions – these general terms and conditions

You / Partner - a producer, distributor, or similar, that offers products and/or services on Restoflix for consumers

Partnership Agreement – the agreement between You and Restoflix to which these Terms And Conditions apply

App - the app where partners offer products to consumers

Product - a product or service offered on the app

Partner – a restaurant, bar, pub, café, hotel etc. listed on Restoflix platform where consumers can access, order and pay their products and orders

We / Us - Restoflix as specified in the Partnership Agreement

Consumer / customer - natural or legal person who accesses and uses the services provided by Restoflix and orders or buys products from a partner;

2 Partner Account

To be able to offer products on Restoflix You need a partner account. To apply for a partner account You register your business on restoflix.com through a partner registration form.
On your partner account You can see and manage all products You offer through the app.
You can participate with multiple brand / trade names per partner account.
You are responsible for the correctness of all information You have provided to us. Please check the information before uploading and make sure to update when required. You are fully responsible for the use of your partner account, and the use of your account by those You have shared your account with.

3 Offer

We have the right to decide which products or categories of products are offered through the app and/or are eligible for addition to the app.
We can ask partners to cease offering products effective immediately We also have the right to remove products from our app at any time at our own discretion. These rights may apply to Products We previously allowed on our app.
We are not liable for any issues that follow from the removal of products, categories, and/or services from the app. When supplying new Product information, You guarantee that:
The product descriptions and images do not contain references to discounts, warranty, your company or other Products that are not offered on our app
The product descriptions and images do not contain URLs to other Websites, including your own
The images do not have any watermarks, logos, names, text, promotional images
The information You provide does not infringe third party rights, among which but not limited to (intellectual) property rights
The supplied text is in the relevant language.

4 Agreement

When a consumer orders products from You through our app this establishes an agreement between You (the Partner) and the consumer. You are responsible for the performance of the Agreement and acknowledge that We are not, nor will be, a party to this Agreement.
Consumers accept the "Terms And Conditions" when they place their order.
Restoflix acts as an intermediary between the user who places the order via the Restoflix app and its partner companies who make their menus available and prepare the products selected by the user, whereby Restoflix accepts orders on behalf of these companies and is not responsible for the preparation, packaging and delivery of the purchased products.
After the consumer has placed its order (for in Restaurant/Delivery/Takeaway Service), We send the consumer an order overview through the app and We forward the order to You (the Partner).
You shall process the order within the delivery times as agreed. Failure to comply with these delivery times due to negligence or slow processing of orders, can lead to termination of the Partnership Agreement.
If for any reason the delivery of an order cannot be performed within the agreed delivery time, You must get in touch with the consumer and find a solution. We are not liable for late delivery or cancellation of delivery of the order.
Consumers agree that after the payment confirmation, they may not cancel the order or request a refund from Restoflix of the amount paid.
Similarly, partners cannot ask for a refund from online payments through the app.
You are explicitly not allowed to (re)negotiate or (re)settle an agreement outside of the app.
You need to place the qr codes on each table of your venue (restaurant, bar, pub, café, hotel and similar), failing to do so can result in the termination of your partner account.

5 Price and payment of the Price

5.1 In our app the price of each product needs to be communicated clearly. All Prices include value added tax. As a partner, You are responsible for setting your prices.

5.2 You (the partner) are responsible for billing and settling payments with your customers/consumers if they are not paying directly through the app.

5.3 If your customers/consumers pay directly through the app, we are going to settle the payments with your customers/consumers and will send the payments straight to your indicated bank accounts every week.

6 Commission

6.1 The commission is agreed in the Partnership Agreement. There is a difference between online and offline paid orders:

6.1.1 - Offline paid orders have not been paid through the app by customers. We calculate the commission percentage over the order amount of the order placed by the consumer on the app and have been paid offline. Every month We will calculate the total commission due, over all orders received by you through our app in that month that have been paid offline. We will send You a digital invoice for this commission via e-mail and You can check the amount to pay in your admin dashboard under "payments".

6.1.2 - Online paid orders have been paid through the app by customers. All commissions will immediately be deducted from payments made through the app (due to transaction fees). These commissions will not be added to the monthly invoice from the offline paid orders.

7 Payouts

Payouts from online payments made through the app by your customers will be made to your bank account. Payouts are normally scheduled once per week. To receive these payouts, You need to make sure that You have successfully added your bank account details during registration of your partner account.

8 Compliance and additional warranty

As a partner You guarantee that:
You own the Products You offer through our app or You are otherwise allowed to sell these Products
The Products and/or the offer is not misleading or contrary to the law
You are allowed, and if applicable licensed to offer the products on the app
The Products You offer are original Products, and not reproductions
The Products do not have any defects and function properly
The Products and/or information You provide do not infringe on any laws (such as, but notlimited to intellectual property laws)
Your Products will not harm our, or our App’s good reputation or image
You shall act in accordance with applicable laws and regulations
You shall at all times act in accordance with our guidelines and instructions regarding the use of the app
You are responsible for the offering and handling of warranties and returns and revocations. It is Your own responsibility to determine a revocation policy.
You are also responsible for questions, aftercare, customer service, and the settlement of other issues regarding Products sold through our app. We are not a party in these issues and will refer consumers directly to You if they contact us. We ask You to respond to any questions made by consumers with respect to their orders within 24 hours.
We are in no way liable for damage or costs of any kind whatsoever related to the use of the app, the partner account, including (but not limited to) damages due to improper information of the app, technical malfunctions, incorrect information etc. If (a part of) our app is not working properly, We would love to hear from You so that We can quickly fix the problem.

9 Intellectual Property

9.1 During the term of the Agreement, a Partner solely acquires a right of use for the operation of this Agreement that is non-exclusive, non-sublicensable and non-transferable in respect to this material.

9.2 You grant us a non-exclusive, unlimited, transferable license to use, spread and multiply the information You provided, including trademarks, in all media. We may use the information You provided to promote our App and its Partners. When submitting the information, You warrant that You are authorized to provide this license.

9.3 You may request the deletion of a submitted photograph, Restoflix will then remove this picture of its database and cease further use.

10 Termination

10.1 The contractual relationship is concluded for an indefinite period.
You may terminate the contract at any time without giving any reason and without observing a period of notice and in doing so require Restoflix to delete your access to your user account (partner account) with immediate effect.

10.2 We have the right to remove or terminate the app on our own discretion. Removal or termination of the app leads to the immediate termination of the Partnership Agreement. If the Partnership Agreement is terminated:
Your partner account will blocked
You may no longer mention anywhere that You offer Products through our app
You cannot claim any compensation from us in connection with the termination of the partnership and any damage resulting from it.

11 Exclusion of liability

11.1 You agree that although Restoflix is obliged to ensure that the content of its Restoflix app is correct, Restoflix does not guarantee that the content is complete and up-to-date at all times. Restoflix may change the content and services of the Restoflix app at any time and without notice. The partner therefore accepts that the content of Restoflix may not be up-to-date, and Restoflix accepts no responsibility for this.

11.2 You agree that you will bear all costs related to the operation of the Restoflix app and/or its content if your use of the Restoflix app and/or its content results in equipment, software or data requiring maintenance, repair or correction.

11.3 Causes of force majeure - Restoflix is not liable for the non-fulfilment or late fulfilment of obligations arising from these general terms and conditions, if these are due to events beyond its control ("causes of force majeure"), namely

11.3.1 Strikes by workers;

11.3.2 Civil disturbances, cyber-attacks, riots, invasion, terrorist attacks, war;

11.3.3 Fires, explosions, storms, floods, earthquakes and other natural disasters;

11.3.4 Power cuts and/or failures of the telecommunications network;

11.3.5 compliance with legal or regulatory standards or decisions of competent governmental, judicial or administrative authorities.

12 Responsibility

12.1 You agree that Restoflix is not liable, except in cases of intentional or grossly negligent misconduct, for any damage arising from or directly related to the provision of the services in question by Restoflix, including the use, inability to use or the result of the use of Restoflix. In particular, Restoflix is not liable:

12.1.1 For any loss of profits, sales, business or income;

12.1.2 For any loss or damage to data, information or software;

12.1.3 For any loss of business opportunities;

12.1.4 For any loss of image.

13 Suspension of the right of use

13.1 Restoflix can immediately terminate or suspend both the right to use Restoflix and Restoflix Terminal, as well as the provision of the services offered therein, by notifying the user by e-mail if necessary, especially in the event of non-compliance with these General Terms and Conditions:

13.1.1 in the event of an infringement concerning intellectual property rights;

13.1.2 in the event of damage to or improper use of Restoflix due to fictitious/incorrect products and orders, resulting in loss of time and/or money on the part of the consumers.