1. Introduction

Welcome to VapVap Eats! This Restaurant Partnership Policy (“Policy”) outlines the terms and conditions under which restaurants (“Partner Restaurants”) engage with VapVap Eats (“Platform”) for food delivery services in Aruba. By partnering with VapVap Eats, Partner Restaurants agree to comply with these policies and all applicable Aruban laws and regulations.

2. Partnership Agreement

• Contractual Terms: Partner Restaurants must enter into a formal agreement with VapVap Eats. This agreement will detail commission rates, payment schedules, and mutual obligations. Both parties will sign this agreement before commencing operations.
• Compliance with Local Laws: Partner Restaurants are required to adhere to all applicable Aruban laws and regulations related to food safety, health codes, business licensing, and labor laws.

3. Food Quality and Safety

• Food Preparation: Partner Restaurants must prepare food in accordance with Aruban health and safety regulations. This includes maintaining high standards of hygiene and using fresh, quality ingredients.
• Packaging: Food must be packaged securely to ensure it remains fresh and safe for consumption during delivery. Tamper-evident packaging is required.
• Allergen Information: Restaurants must clearly provide information about allergens and dietary restrictions for each menu item. Accurate allergen labeling is mandatory.

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:
  Partner Restaurants are required to prepare and have customer orders ready for pickup within the agreed-upon time frame specified by VapVap Eats. This preparation time will be determined based on the restaurant’s menu offerings and capacity and will be clearly communicated to both the Partner Restaurant and the delivery personnel.
• Impact of Delays:
  Delays in order preparation can negatively affect customer satisfaction and the overall delivery experience. If a Partner Restaurant consistently fails to have orders ready on time, it may result in negative reviews, decreased customer trust, and potential penalties as outlined in the VapVap Eats partnership agreement.
• Review and Action:
  VapVap Eats will monitor the timeliness of order preparation. Partner Restaurants that frequently miss the specified time frames may be subject to a review process. If necessary, VapVap Eats reserves the right to take corrective actions, which may include:
  • Providing feedback and additional training on time management.
  • Adjusting the restaurant’s availability on the Platform during peak times.
  • Imposing penalties as detailed in the partnership agreement.
  • In severe cases, suspending or terminating the partnership.
• Accuracy: Orders must be prepared accurately according to the specifications provided by the customer. Incorrect orders may lead to complaints.

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.
• Compliance with Aruban Privacy Laws: Partner Restaurants are required to comply with Aruban privacy laws, particularly those outlined under the Personal Data Protection Ordinance (PDPO). The PDPO governs how personal data is collected, used, stored, and protected within Aruba.

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.
• 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 anonymized.
• 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: 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: Repeated violations of Aruban health and safety regulations that result in formal warnings or citations.
  • Violates the Partnership Agreement: Any significant breach of the partnership 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

11. 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.

12. Amendments to Policies

• 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.

13. Miscellaneous Provisions

• Force Majeure: VapVap Eats and Partner Restaurants are not liable for failures or delays due to unforeseen events such as natural disasters or government actions.
• Confidentiality: Both parties agree to maintain confidentiality regarding proprietary business information and customer data.