VapVap Eats – Restaurant Policy

Effective Date: May 14, 2025
Governing Law: Aruba

Introduction: This Restaurant Policy outlines the responsibilities and standards expected of restaurants (“Restaurant”, “you” or “Partner”) that partner with VapVap Eats (operated by Cunucu Tech V.B.A. in Aruba). By using the VapVap Eats platform to offer your products, you agree to comply with this Policy, which is designed to ensure a high-quality experience for customers and a fair, safe marketplace for all participants. VapVap Eats may update this Policy as needed; continued use of the platform indicates acceptance of any changes.

1. Menu Management and Accuracy

• Accurate Menu Listings: Restaurants must provide accurate and up-to-date information about their menu items on the VapVap Eats platform. This includes item names, descriptions, ingredients (if noted), prices, and any applicable taxes or fees. If you run out of an item or make changes to your menu (e.g., pricing or availability), you are responsible for promptly updating the menu on our platform.

• Menu Photos and Descriptions: Any photos or descriptions you upload should accurately represent the item. Do not use misleading images or information that could deceive customers about what they are ordering. VapVap Eats reserves the right to remove or request modifications to menu content that is inaccurate, outdated, or violates any laws or intellectual property rights.

• Allergens and Dietary Information: While not mandatory, we strongly encourage Restaurants to provide information on common allergens (nuts, dairy, shellfish, etc.) and indications for vegetarian, vegan, or gluten-free options when applicable. This transparency helps customers make informed decisions and reduces the risk of allergic reactions. However, providing such information does not transfer responsibility; the Restaurant remains fully accountable for the safety and accuracy of food preparation.

2. Order Availability and Acceptance

• Operating Hours: Ensure that your operating hours listed on the VapVap Eats platform are accurate. The platform will only send you orders during the times you are marked as “open.” If you need to close early or cannot fulfill orders for any reason (e.g., kitchen emergency, sold out of all items), use the Restaurant interface to temporarily pause accepting new orders, or contact VapVap Eats support for assistance.

• Prompt Order Confirmation: When a customer places an order, you should confirm (accept) the order as quickly as possible (ideally within a few minutes). Prompt acceptance helps us provide accurate delivery time estimates to customers. If you do not respond to an order within a certain timeframe, VapVap Eats may cancel the order on behalf of the customer to ensure a good user experience, and such incidents will be noted in your performance metrics.

• Avoid Cancellations: Restaurants are expected not to cancel accepted orders except in unavoidable circumstances (such as a sudden equipment failure or an item becoming unavailable unexpectedly). Frequent or unjustified cancellations by a Restaurant hurt customer trust and may result in warnings or eventual deactivation from the platform. If you must cancel an order after acceptance (for example, you discover you cannot fulfill it), notify VapVap Eats immediately through the Restaurant app or support line, so we can inform the customer and issue a refund. Repeated stock-outs or cancellations will be considered a breach of this policy.

3. Timely Preparation and Order Handover

• Preparation Time: It is crucial to prepare orders within the expected preparation time window that you have set for your restaurant category or as generally expected for the items. Consistent, excessive delays in order readiness negatively impact the customer experience. Aim to have the order ready by the time the courier arrives for pickup or by the quoted pickup time. VapVap Eats monitors preparation times, and chronic delays may result in remedial action, including suspension if not improved.

• Packaging: You are responsible for packaging the food securely and hygienically for delivery. Use packaging that maintains food quality (for example, well-sealed containers for liquids, insulated packaging for hot items, and separate packaging for cold items or drinks). Poor packaging that leads to spills, leakage, or rapid heat loss is unacceptable. Ensure that bags are properly closed (stapled or sealed) to prevent tampering or contamination during transit.

• Order Accuracy: Double-check each order for completeness and accuracy before handing it off to the courier or customer. Include all ordered items, utensils (if applicable), condiments, and extras as requested. Clear labeling of orders (especially when multiple orders are picked up by a single courier) is encouraged to avoid mix-ups. Mistakes leading to missing items or wrong items can result in customer complaints and refunds, which may be charged back to the Restaurant.

• Handover to Courier: For delivery orders, promptly hand over the prepared order to the VapVap Eats courier who arrives for pickup. Prioritize handing off orders to couriers as soon as they arrive to minimize their wait time. Couriers are instructed to wait only a reasonable amount of time. If a courier experiences excessive wait times repeatedly, it will reflect on your performance. If a courier is significantly delayed in arriving, you may contact VapVap Eats support for guidance, but generally, continue to keep the order ready.

4. Food Quality, Safety, and Hygiene

• Compliance with Health Regulations: Restaurants must comply with all applicable Aruban laws and regulations regarding food safety, preparation, and hygiene. This includes maintaining all required permits and health certifications, keeping kitchen facilities clean, and ensuring staff are trained in safe food handling practices. VapVap Eats reserves the right to request proof of valid health permits or certifications if needed.

• Food Safety Standards: All food must be prepared and packaged in a manner that meets high safety standards to avoid contamination or spoilage. Hot foods should be kept hot and cold foods kept cold prior to pickup. Perishable items should not sit out for extended periods. If using any third-party delivery staff (e.g., your own drivers or our couriers), coordinate to minimize the time food spends between preparation and delivery.

• Quality and Freshness: The quality of the food (including taste, texture, and presentation) is solely the Restaurant’s responsibility. While taste is subjective, you should strive to maintain consistency and quality in the dishes you offer on VapVap Eats. If you receive repeated complaints about food quality (for example, stale bread, undercooked proteins, etc.), VapVap Eats may reach out to discuss and help resolve the issues. Consistent negative feedback may affect your continued partnership with the platform.

• Allergen Awareness: You must take allergies seriously. If a customer notes an allergy or special dietary request in an order, only accept the order if you can accommodate it safely. If you cannot, inform the customer or cancel the order before preparation. Never ignore an allergy note; doing so could have serious health implications and legal consequences. Restaurants are responsible for any harm caused by failure to respect allergy information provided by a customer.

5. Customer Complaints and Issue Resolution

• Customer Inquiries: Occasionally, customers may have questions or special instructions (e.g., “sauce on the side” or “no onions”). The Platform may allow customers to add notes to an order; please review these notes carefully. If something is unclear, you can contact the customer or VapVap Eats support for clarification.

• Handling Complaints: If a customer reports an issue with an order (such as missing or incorrect items, poor food quality, or foreign objects in the food), VapVap Eats will typically handle initial customer support. However, we will reach out to you to investigate and resolve the issue. You are expected to cooperate in good faith to resolve complaints, which may include preparing a replacement item, offering a refund (which VapVap Eats may pass on to the customer), or providing a credit for a future order.

• Liability for Food Issues: Restaurants bear sole responsibility for issues arising from food preparation and quality. If a customer suffers illness or injury from consuming your food, or if there is a serious complaint regarding contamination or safety, you as the Restaurant will be liable for such incidents. VapVap Eats is not liable for customer dissatisfaction related to food taste, temperature, or quality, but we facilitate communication and resolution. In cases of serious food safety incidents, we may temporarily suspend your restaurant on the platform pending investigation.

• Chargebacks and Refunds: If VapVap Eats issues a refund or credit to a customer due to a problem with the order that is determined to be the Restaurant’s fault (e.g., missing item, wrong item, unacceptable quality), VapVap Eats reserves the right to deduct that amount from your payouts or invoice it back to you. We will communicate about such incidents; repeated occurrences may also impact your performance rating on the platform.

6. Fees, Commission, and Payments

• Commission and Fees: By participating in VapVap Eats, you agree to the commission rate and any transaction fees as set out in your agreement with us. Typically, VapVap Eats will deduct a commission (a percentage of the order subtotal) and any applicable fixed fees (for example, a flat transaction fee per order) from the customer’s payment. The commission is the fee for use of our platform and services (marketing, delivery logistics, etc.), and it will be automatically deducted from the payments we collect on your behalf. For example, if your commission rate is 18% and the order value (food + tax) is AWG 100, VapVap Eats would deduct AWG 18 as commission (plus any small transaction fee, if applicable).

• Payouts: The remaining balance after deductions (net payout) will be remitted to you. VapVap Eats processes restaurant payouts on a regular schedule. Standard payout schedule: We issue payments daily, with each day’s net sales typically transferred within 1-2 business days. (If daily payouts are not feasible, an alternative schedule such as weekly transfers may be used, as per our agreement with you.) It is your responsibility to provide and maintain accurate banking information for these payouts. Delays in providing correct banking details may result in delayed payment.

• Payment Reports: With each payout, VapVap Eats will provide an electronic report or statement detailing the orders covered in that payout period. This report will show the total order amounts, commissions and fees deducted, and the net amount being paid to you. We recommend you reconcile these reports with your own records. Any discrepancies must be reported to VapVap Eats within a reasonable time (for instance, within 30 days of payout).

• Taxes: Restaurants are responsible for all taxes (including sales tax, turnover tax (BBO/BAVP/BAZV in Aruba), income or profit tax, etc.) related to the sale of their food through VapVap Eats. The platform may assist by calculating applicable sales taxes on orders, but you are responsible for ensuring the rates are correct and for remitting the taxes to the appropriate authorities. VapVap Eats’s commission invoices to you (if any) may be subject to tax as required by law, and we will add any such tax on our fees as required (e.g., sales tax on commission if applicable). Consult your tax advisor for compliance with Aruban tax laws.

7. Restaurant Profile and Content

• Business Information: You should keep your restaurant’s profile information up to date, including address, phone number, hours of operation, and any holiday closures. Customers rely on this information. Inaccurate information (like wrong address or closed days not indicated) can lead to failed or delayed deliveries and poor customer experiences.

• Branding and License: By partnering with VapVap Eats, you grant us the right to use your restaurant’s name, logo, and menu items on our platform and in related marketing materials to identify and promote your business. This license is royalty-free and for the duration that you are active on the platform. You warrant that you have the rights to all content you provide (e.g., logos, menu images) and that our use of this content will not infringe any third-party rights.

• Promotions: If you opt to participate in special promotions, discounts, or loyalty programs via the VapVap Eats platform, ensure you honor the terms of those promotions (e.g., if offering a “Buy one get one free” on certain items, provide the free item as advertised). Failure to honor platform promotions that you agreed to could result in negative customer feedback and violation of this Policy.

8. Confidentiality and Data Protection

• Customer Data: In the course of fulfilling orders, you may receive personal information about customers (such as names, delivery addresses, and phone numbers). You must treat this information as confidential and use it only for the purpose of fulfilling the relevant order (for example, you or your delivery staff may call the customer if needed to clarify an order or find the address). Storing, reusing, or sharing customer personal information for any other purpose is strictly prohibited. You must comply with applicable data protection laws in Aruba regarding handling of personal data. If you store any customer information, you are responsible for securing it and must delete it once it is no longer needed for the order.

• Platform Information: Any non-public information about VapVap Eats’ business operations, such as platform features not yet released, metrics, or insights we share with you to help your performance, should be kept confidential. You should not share such information with competitors or use it for any purpose outside of your relationship with VapVap Eats.

9. Performance Monitoring and Deactivation

• Performance Metrics: VapVap Eats tracks certain performance metrics for Restaurants, including order acceptance rate, preparation speed, accuracy (based on customer feedback), and cancellation rate. We will share relevant metrics with you via the Restaurant dashboard or periodic reports. If your performance falls below acceptable levels (for instance, a very high cancellation rate or constant late orders compared to industry standards), we will typically notify you and may offer guidance or require a corrective action plan.

• Breach of Standards: In the event of serious or repeated violations of this Restaurant Policy or the terms of your Merchant Agreement (if separate), VapVap Eats reserves the right to temporarily suspend or permanently deactivate your restaurant from the platform. Grounds for immediate deactivation may include, but are not limited to:

  • Severe health code violations or confirmed food safety incidents.

  • Fraudulent activity (e.g., intentionally marking orders as completed when they were not fulfilled, or engaging in credit card fraud).

  • Extremely poor performance or customer service (e.g., consistently extremely late orders or numerous verified complaints of spoiled/contaminated food).

  • Misuse of customer data or any action that puts customer privacy at risk.

  • Non-payment of commission/fees or other financial obligations to VapVap Eats if applicable.

• Notice of Actions: Except in cases of egregious violations requiring immediate action, VapVap Eats will generally provide a warning or notice to you, and an opportunity to correct issues, before a deactivation. However, VapVap Eats’ priority is to maintain a safe and reliable service; thus we retain the right to suspend service access without prior notice if necessary to protect customers or the platform’s integrity.

• Appeal and Reinstatement: If your restaurant is deactivated and you believe the action was in error or the issues have been rectified, you may contact VapVap Eats to discuss the matter. Reinstatement is at VapVap Eats’ sole discretion and may be subject to conditions (for example, a probation period or evidence of compliance improvements).

10. Relationship with VapVap Eats

• Independent Business: Your acceptance of orders via VapVap Eats does not create an employment, agency, or joint venture relationship between the Restaurant and VapVap Eats. You remain an independent business entity responsible for your operations, and VapVap Eats acts as a service provider that markets your products and facilitates orders and payments. Neither party has the authority to bind the other to any contract or obligation, and you shall not represent yourself as an agent of VapVap Eats in any context.

• Liability: The Restaurant agrees that it will indemnify and hold VapVap Eats harmless from any claims, losses, or liabilities arising from: (a) the Restaurant’s breach of this Policy or the Terms of the Merchant Agreement, (b) any third-party claims related to the food products (such as illness or injury to a customer from your food), or (c) the Restaurant’s violation of any laws or regulations. VapVap Eats provides the platform to facilitate sales but does not assume liability for the Restaurant’s operations. (See your Merchant Agreement for detailed indemnification clauses and liability limits.)

• Insurance: We strongly recommend that Restaurants maintain adequate liability insurance to cover any incidents arising from their food sales (e.g., product liability insurance). Check local regulations in Aruba, as certain insurance may be required for businesses delivering food.

11. Governing Law and Dispute Resolution

This Restaurant Policy and any separate merchant agreement you have with VapVap Eats are governed by the laws of Aruba. In the event of any dispute or claim arising between the Restaurant and VapVap Eats, the parties will first attempt to resolve it amicably through discussion. If that fails, such disputes shall be subject to the exclusive jurisdiction of the courts of Aruba, unless another dispute resolution mechanism is specified in a signed contract between us. By partnering with VapVap Eats, you agree to these conditions.

12. Acknowledgment and Agreement

By using the VapVap Eats platform as a Restaurant partner, you acknowledge that you have read and understood this Restaurant Policy and agree to abide by its terms. This Policy is meant to supplement, and not replace, any specific terms in your VapVap Eats Merchant Agreement. In case of a conflict between this general policy document and the signed Merchant Agreement, the terms of the Merchant Agreement will prevail.

For questions or clarifications regarding this Policy, you can reach out to our Restaurant Support team at info@vapvapeats.com. We value our partnership with you and are committed to helping you succeed on the VapVap Eats platform while delivering great experiences to our mutual customers.