Vendor & Merchant Agreement

This Agreement is between KwikFastHurry, Inc. ("KwikFastHurry") and the business that registers a store on the Platform ("Vendor", "you"). It adds to the Platform Terms of Service and controls over them where the two conflict for Vendors.

By listing a store, accepting an order, or clicking to accept in the Vendor app, you agree to this Agreement and confirm you have authority to bind your business.

#1. Relationship of the parties

You are an independent business. Nothing here creates a partnership, joint venture, franchise, agency or employment relationship. You control your premises, your staff, your recipes, your prices and how you operate.

KwikFastHurry provides a marketplace and technology. KwikFastHurry does not sell your goods. For each order, the contract of sale is between the Customer and you. KwikFastHurry collects payment from the Customer on your behalf as your limited payment collection agent, and payment by the Customer to KwikFastHurry discharges the Customer's obligation to you.

#2. Onboarding and eligibility

To list, you must provide and keep current:

• your legal business name, trading name, registered address and business structure;
• your taxpayer identification number and completed tax forms;
• every licence, permit and registration the law requires — business licence, food service permit, health department registration, and where applicable an alcohol licence;
• your current food safety inspection rating, where your jurisdiction issues one;
• certificates of insurance meeting Section 10;
• bank account details for payouts;
• the identity of an authorised signatory, and beneficial ownership information where required by financial regulation.

We may verify any of this at any time, and may suspend your store if verification fails or a licence lapses.

#3. Your listing

You control your menu, prices, hours and availability through the Vendor app or API.

You must:

• describe items accurately, including size, portion, contents and preparation;
• publish mandatory allergen and nutritional information where the law requires it, and keep it correct;
• mark age-restricted items correctly so the Platform can enforce verification;
• switch items off promptly when they are unavailable;
• keep opening hours accurate and pause the store when you cannot fulfil;
• use only images you own or are licensed to use.

Prices you set on the Platform may differ from your in-store prices. You are responsible for making sure your pricing complies with any applicable price-transparency law.

You are solely responsible for the accuracy of allergen information. KwikFastHurry does not verify it and will not be liable for it.

#4. Orders

• Accept or reject each order in the Vendor app within the response window shown.
• Once accepted, prepare the order to be ready at the quoted time.
• Mark an order "ready" only when it genuinely is — early marking causes Riders to wait unpaid and degrades the Customer experience.
• Package orders securely with tamper-evident sealing where required, keeping hot and cold items separate.
• Label each bag with the order number.
• Provide the Rider with reasonable access, a place to wait, and access to a restroom where you are required to by law.

Excessive rejections, late preparation, or repeated inaccurate readiness marking may result in reduced visibility, suspension of the store, or termination.

#5. Commission and fees

Commission is calculated on the goods total plus applicable taxes as required by law, and is deducted before payout. Rate changes require 30 days' written notice, and you may terminate without penalty before a change takes effect.

#6. Payouts

• Payouts run on your selected schedule — weekly by default, with faster options where available.
• We remit order value less commission, fees, refunds attributable to you, chargebacks and any amount you owe us.
• A detailed statement is available in the Vendor app for every payout period.
• We may withhold or delay a payout where we reasonably suspect fraud, where an investigation is open, where a licence has lapsed, or where required by law or a payment provider. We will tell you why and release funds once resolved.
• We may set off amounts you owe us against future payouts.
• Query a statement within 30 days; after that it is treated as accepted, except for manifest error.

#7. Taxes

You are responsible for determining, collecting and remitting all taxes on your sales, except where a marketplace facilitator law makes KwikFastHurry responsible — in which case we will collect and remit that tax and tell you.

You are responsible for your own income, employment and business taxes. We issue the tax information returns the law requires. KwikFastHurry does not provide tax advice.

#8. Food safety and compliance

You must:

• comply with all food safety, hygiene, labelling, weights and measures, and consumer protection law;
• maintain the temperature control, hygiene and traceability standards your jurisdiction requires;
• hold current staff food-handler certification where required;
• notify KwikFastHurry within 24 hours of any food safety incident, product recall, foodborne illness complaint, or adverse regulatory finding connected to an order placed through the Platform;
• cooperate fully with any investigation and with any recall;
• comply with the Acceptable Use Policy.

We may immediately suspend your store where we reasonably believe there is a risk to public health, and may publish a factual notice to affected Customers.

#9. Alcohol and age-restricted goods

If you sell age-restricted goods you must hold and maintain the applicable licence, list those items with the correct restricted flag, comply with every condition of your licence including hours of sale, and accept that the Rider will refuse handover where identification is not satisfactory. You remain the licensed seller and bear responsibility for the sale.

#10. Insurance

You must maintain, with insurers of good standing, at least:

Name KwikFastHurry, Inc. as an additional insured on the general and product liability policies, and provide a certificate of insurance on request and on renewal. Notify us of cancellation or material change within 5 business days.

#11. Data and privacy

• Customer data we share with you is provided solely to fulfil the order.
• You may not use it for your own marketing, sell it, share it, or retain it beyond what your legal record-keeping requires.
• You must protect it with appropriate security and notify us within 24 hours of any suspected breach involving it.
• You act as an independent controller for your own records and must comply with applicable privacy law.
• Our handling of your business data is described in the Vendor Privacy Notice.

#12. Brand and marketing

We may use your business name, logo, store images and menu content to list, promote and market your store on the Platform and in KwikFastHurry marketing. You grant us a non-exclusive, royalty-free, worldwide licence to do so for the term of this Agreement.

You may state that you sell through KwikFastHurry and may use the badges we supply, unmodified. Section 7 of the Intellectual Property Policy sets the rules.

#13. Exclusivity

None. You are free to sell through your own channels and through competing platforms. We will not require price parity or exclusivity as a condition of listing.

#14. Ratings

Customers rate your store. Ratings are displayed publicly and affect your visibility. We remove reviews that breach the Acceptable Use Policy, and you can report a review for removal through the Vendor app. We will not remove a review simply because it is negative.

#15. Liability

Each party is liable for its own acts and omissions.

You indemnify KwikFastHurry, Inc. against claims, losses and costs arising from the goods you sell, their preparation, packaging, description or safety; your breach of this Agreement; your infringement of a third party's rights; and your failure to hold a required licence or to comply with law.

KwikFastHurry's total aggregate liability to you in any twelve-month period is limited to the total commission you paid us in the three (3) months before the event giving rise to the claim. Neither party is liable for indirect or consequential loss, or for loss of profit, revenue or goodwill. These limits do not apply to liability that cannot be limited by law, to a party's fraud, or to your indemnity obligations.

#16. Confidentiality

Each party will keep the other's non-public commercial information confidential, use it only for this Agreement, and protect it with at least reasonable care. This survives termination by three (3) years. It does not cover information that is public, independently developed, or lawfully received from a third party.

#17. Term and termination

This Agreement runs until terminated.

• You may terminate on 30 days' written notice to partners@kwikfasthurry.com.
• We may terminate on 30 days' written notice.
• Either party may terminate immediately for material breach that is not cured within 15 days of written notice.
• We may suspend or terminate immediately, without notice, for a food safety risk, a lapsed licence, suspected fraud, or a serious safety incident.

On termination we remove your listing, complete outstanding orders, and remit your final payout within 30 days, less any amount you owe. Sections 7, 11, 15, 16 and 18 survive.

#18. General

Governing law and dispute resolution follow Sections 16 and 17 of the Platform Terms of Service, including the arbitration agreement. We may update this Agreement on 30 days' notice; continuing to accept orders after the effective date means you accept the change. You may not assign this Agreement without our written consent.

#19. Contact

Vendor support and account matters: partners@kwikfasthurry.com. Contractual notices: legal@kwikfasthurry.com.