VapVap Eats Restaurant Partnership Policy

Changes:Any changes to the menu or pricing must be promptly updated on the Platform to avoid discrepancies and customer dissatisfaction.

4. Menu Accuracy and Pricing

Menu Listings:Partner Restaurants are responsible for ensuring that their menu and prices listed on VapVap Eats are accurate and up-to-date.

Changes:Any changes to the menu or pricing must be promptly updated on the Platform to avoid discrepancies and customer dissatisfaction.

5. Order Fulfillment

Order Preparation Time:

● Impact of Delays:

Review and Action:

Providing feedback and additional training on time management.

Adjusting the restaurant's availability on the Platform during peak times.

Providing feedback and additional training on time management.

Adjusting the restaurant's availability on the Platform during peak times.

6. Customer Interaction

< Complaints Handling:Partner Restaurants must have a process for handling customer complaints related to food quality, incorrect orders, or delivery issues. The Platform will assist in mediating disputes but Partner Restaurants must address the core issues so the platform can see if the problem lies on their end or the restaurant's end.

Key Obligations Under the PDPO:

Data Collection and Use:Personal data collected through the VapVap Eats platform, including customer names, contact information, and order details, must be used solely for the purpose of fulfilling orders and enhancing the customer service experience. This data cannot be used for unsolicited marketing or shared with third parties without explicit consent.

Data Storage and Security:Partner Restaurants must implement appropriate technical and organizational measures to secure personal data against unauthorized access, accidental loss, destruction, or damage. This includes but is not limited to, secure storage of physical documents and encryption of digital data. anonymized.

Data Access and Retention:Access to customer data should be restricted to authorized personnel only. Partner Restaurants must also adhere to data retention policies, ensuring that personal data is only retained for as long as necessary for the purposes for which it was collected, after which it should be securely deleted or

Customer Rights:Customers have the right to request access to their personal data, correct inaccuracies, and delete their data under certain circumstances. Partner Restaurants must have processes in place to facilitate these requests in a timely manner.

7. Financial and Payment Policies

Commission and Fees:Fees: VapVap Eats will charge a commission percentage on each order. Detailed information about commission rates and any additional fees will be provided in the partnership agreement.

Payment Terms:Payments will be made to Partner Restaurants following the reconciliation of orders and fees. Detailed payment schedules and procedures will be outlined in the partnership agreement.

Refunds and Chargebacks:In cases where refunds or chargebacks are issued, the responsibility for associated costs will be outlined in the agreement. Partner Restaurants must adhere to the Platform’s procedures for managing these issues.

8. Liability

Limitation of Liability:

Scope of Liability:VapVap Eats is not liable for issues related to food quality, order accuracy, or any other matters directly arising from the preparation, handling, or delivery of food by Partner Restaurants. This includes, but is not limited to, claims related to foodborne illnesses, allergic reactions, or dissatisfaction with food quality.

Responsibilities of Partner Restaurants:Partner Restaurants are solely responsible for ensuring that food products meet all health and safety standards, are prepared accurately according to customer specifications, and are compliant with all relevant Aruban laws and regulations. VapVap Eats will not be held liable for any claims, damages, or losses resulting from

Food Safety:Contamination, spoilage, or any health hazards associated with the food prepared by the Partner Restaurant.

Order Accuracy:Incorrectly prepared orders, including those that do not meet customer specifications or special instructions.

Dietary Issues:Adverse reactions due to allergens or dietary restrictions not properly disclosed or managed by the Partner Restaurant.

Indemnification:

Indemnity Obligation:Partner Restaurants agree to indemnify, defend, and hold harmless VapVap Eats, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses, including reasonable legal fees, arising from or related to:

Food Safety Issues:Claims related to foodborne illnesses or health issues caused by food prepared by the Partner Restaurant.

Order Disputes:Disputes and claims from customers regarding incorrect orders, including those that result in financial compensation or legal action.

Non-Compliance:Any failure by the Partner Restaurant to comply with Aruban laws, including health regulations and food safety standards.

9. Termination and Suspension

Grounds for Termination or Suspension:VapVap Eats may terminate or suspend a partnership if the Partner Restaurant

Fails to Meet Service Standards::Consistent issues with order accuracy, timely preparation, or quality after receiving written notice and a chance to correct the problems.

Breaches Health Regulations:Regulations: Repeated violations of Aruban health and safety regulations that result in formal warnings or citations.

Violates the Partnership Agreement:agreement terms, including non-payment, misrepresentation, or failure to comply with Platform policies.

Voluntary Termination:Partner Restaurants may terminate their partnership with VapVap Eats by providing 30 days' written notice. Any outstanding payments or issues must be resolved before termination is finalized.

Post-Termination:After termination, Partner Restaurants are responsible for resolving any pending customer complaints related to their service.

10. Legal Compliance

Local Regulations:Partner Restaurants must comply with all relevant Aruban laws, including those related to food safety, labor, and business operations.

Tax Compliance:Partner Restaurants are responsible for managing and remitting all applicable taxes

Dispute Resolution

Mediation and Arbitration:Disputes arising under this Policy will be resolved through mediation or arbitration before resorting to litigation. The process will be outlined in the partnership agreement.

Jurisdiction:Any legal disputes will be governed by the laws of Aruba and resolved in Aruban courts.

Policy Updates:VapVap Eats reserves the right to amend this Policy. Partner Restaurants will be notified of any changes, and continued use of the Platform will constitute acceptance of the updated terms.

Force Majeure:This clause follows the ICC Force Majeure Clause (Long Form, March 2020), adapted to this Policy and the partnership.

(a) Definition. "Force Majeure" means the occurrence of an event or circumstance ("Force Majeure Event") that prevents or impedes a Party from performing one or more of its obligations under the partnership, if and to the extent that the Party affected (the "Affected Party") proves: (i) that the impediment is beyond its reasonable control; (ii) that it could not reasonably have been foreseen at the time the partnership was entered into; and (iii) that the effects of the impediment could not reasonably have been avoided or overcome by the Affected Party.

(b) Non-performance by third parties. Where a Party fails to perform because of default by a third party it has engaged to perform all or part of the partnership, including a hosting provider, it may invoke Force Majeure only to the extent that the requirements of paragraph (a) are established both for that Party and for the third party.

(c) Presumed Force Majeure Events. In the absence of proof to the contrary, the following events affecting a Party are presumed to fulfil conditions (i) and (ii) of paragraph (a), and the Affected Party only needs to prove condition (iii): (1) war (whether declared or not), hostilities, invasion, act of foreign enemies, extensive military mobilisation; (2) civil war, riot, rebellion and revolution, military or usurped power, insurrection, act of terrorism, sabotage or piracy; (3) currency and trade restriction, embargo, sanction; (4) act of authority whether lawful or unlawful, compliance with any law or governmental order, expropriation, seizure of works, requisition, nationalisation; (5) plague, epidemic, natural disaster or extreme natural event, including hurricanes, tropical storms, floods and earthquakes; (6) explosion, fire, destruction of equipment, prolonged break-down of transport, telecommunication, information system or energy, including failure of public power or telecommunications networks and large-scale outages of the internet or of cloud hosting providers; (7) general labour disturbance such as boycott, strike and lock-out, go-slow, occupation of factories and premises.

(d) Notification. The Affected Party gives notice of the event to the other Party without delay.

(e) Consequences. A Party successfully invoking this clause is relieved from its duty to perform the affected obligations and from any liability in damages or any other contractual remedy for breach of contract, from the time at which the impediment causes inability to perform, provided that notice is given without delay. If notice is not given without delay, the relief is effective from the time the notice reaches the other Party. The other Party may suspend the performance of its own obligations, where applicable, from the date of the notice. This clause does not relieve a Party from paying an amount that was already due before the Force Majeure Event.

(f) Temporary impediment. Where the effect of the impediment is temporary, the consequences in paragraph (e) apply only as long as the impediment prevents performance. The Affected Party notifies the other Party as soon as the impediment ceases to impede performance.

(g) Duty to mitigate. The Affected Party takes all reasonable measures to limit the effect of the event on the performance of the partnership.

(h) Termination. Where the duration of the impediment has the effect of substantially depriving the Parties of what they were reasonably entitled to expect under the partnership, either Party may terminate the partnership by notice within a reasonable period. In any case either Party may terminate the partnership by written notice if the impediment lasts more than sixty (60) days. VapVap Eats will settle amounts already earned by the Partner Restaurant.

(i) Unjust enrichment. Where the partnership is terminated under paragraph (h) and a Party has, by reason of anything done by the other Party in performing the partnership, derived a benefit before termination, it pays the other Party a sum equal to the value of that benefit. Fees paid in advance for a period after termination are refunded pro rata.

Hardship:This clause follows the ICC Hardship Clause (March 2020), option 3A. (a) A Party is bound to perform its obligations even if events have made performance more onerous than could reasonably have been anticipated when the partnership was entered into. (b) Despite paragraph (a), where a Party proves that: (i) continued performance has become excessively onerous due to an event beyond its reasonable control which it could not reasonably have been expected to take into account when the partnership was entered into; and (ii) it could not reasonably have avoided or overcome the event or its consequences, the Parties negotiate, within a reasonable time of this clause being invoked, alternative terms which reasonably allow the consequences of the event to be overcome. (c) Where paragraph (b) applies but the Parties cannot agree alternative terms, the Party invoking this clause may terminate the partnership, but cannot ask a judge or arbitrator to adapt it without the agreement of the other Party.

Confidentiality:Both parties agree to maintain confidentiality regarding proprietary business information and customer data.