This Merchant Agreement ("Agreement") is entered into by and between Concierge Inc ("Company") and the participating business ("Merchant").
By registering or using the Concierge Inc platform, Merchant agrees to the following terms:
1
Platform Role
Concierge Inc provides a technology platform that connects merchants with customers and independent drivers.
The Company:
- Does not prepare, package, or deliver goods
- Is not responsible for food quality, safety, or compliance
- Acts solely as an intermediary
2
Merchant Services
Merchant agrees to:
- Accurately list products, pricing, and availability
- Prepare orders in a timely manner
- Comply with all applicable health, safety, and business regulations
- Ensure all items meet quality standards
3
Commission & Fees (Critical)
Merchant agrees to pay Concierge Inc a 15% commission on all orders processed through the platform.
This includes:
- Delivery orders
- Pickup orders (if applicable)
- Any transactions facilitated through the platform
Merchant acknowledges:
- Commission is automatically deducted from payouts
- Additional fees (processing, promotions, etc.) may apply
- Pricing is set by the Merchant unless otherwise agreed
4
Payments
All payments are processed through third-party providers, including Stripe.
Merchant agrees:
- Funds will be distributed after deduction of applicable fees
- Concierge Inc is not responsible for payment processor errors or delays
- Chargebacks and disputes may be deducted from Merchant payouts
5
POS & System Integration
Merchant may integrate their POS system with the Concierge Inc platform.
Merchant acknowledges:
- Integration compatibility is not guaranteed
- Concierge Inc is not liable for POS errors, outages, or data mismatches
- Merchant is responsible for maintaining accurate system settings
6
Order Fulfillment & Errors
Merchant is solely responsible for:
- Order accuracy
- Item availability
- Packaging quality
Concierge Inc is not liable for:
- Incorrect or missing items
- Food safety issues
- Delays caused by Merchant operations
7
Refunds & Disputes
- Refunds may be issued at Concierge Inc's discretion
- Merchant may be held financially responsible for incorrect orders, missing items, or customer complaints related to product quality
8
Taxes
Merchant is solely responsible for:
- Sales tax collection and reporting
- Business licensing compliance
- Any applicable local, state, or federal taxes
9
Marketing & Promotions
Concierge Inc may:
- Feature Merchant on the platform
- Offer discounts or promotions
Merchant agrees:
- Promotions may impact pricing and margins
- Participation may be automatic unless opted out
10
Term & Termination
This Agreement may be terminated:
- By either party at any time
- Immediately for violations, fraud, or safety concerns
11
Limitation of Liability
Concierge Inc shall not be liable for:
- Loss of profits
- Business interruption
- Customer disputes
- Data or system errors
12
Indemnification
Merchant agrees to indemnify and hold harmless Concierge Inc from any claims arising from:
- Food safety issues
- Product defects
- Regulatory violations
- Merchant operations
13
Dispute Resolution (Critical)
All disputes shall be resolved through binding arbitration, not court.
Merchant waives:
- Jury trial rights
- Class action participation
14
Governing Law
This Agreement shall be governed by the laws of the State of Georgia.
15
Entire Agreement
This Agreement constitutes the full agreement between the parties.