Restaurant Partner Agreement

KosherEats runs an online marketplace for kosher food. Once your restaurant is listed, we:

• list your menu in the KosherEats apps and on our website, koshereats.shop;
• take orders from customers and collect their payments; and
• arrange delivery through third-party courier services (for example, Uber Direct), or let customers pick up their orders from you.

You may also choose to deliver orders yourself. KosherEats does not prepare food — you do.

We list a restaurant on KosherEats only after it has accepted this Agreement (and after the KosherEats team approves its application).

You allow us to display your restaurant's name, logo, photos, menu, prices, hours, kosher certification details, and other information you provide, so customers can find you and order from you. You can update this information at any time in the KosherEats Restaurant app or the seller dashboard on our website.

KosherEats charges you only the following fees, calculated per order:

The food subtotal is the purchase price of the food and other menu items in the order, before sales tax, tips, and any delivery or service fees the customer pays. For example, on a $50.00 order delivered by a courier we arrange, the delivery fee is $5.00. On a $50.00 pickup order, the basic service fee is $2.50, plus the card-processing cost for that order.

No other fees. KosherEats does not charge you any other fees — no sign-up, listing, or monthly fees — and never charges you for a telephone order or call that does not result in a transaction.

Customer fees are separate. Any delivery fee or service fee a customer pays is separate from the fees above, and is shown to the customer at checkout before they place the order.

Fee changes. We will give you at least 30 days' written notice, by email to the address on your account, before any change to our fees takes effect. If you don't agree with a change, you can end this Agreement before it takes effect (see Section 12).

We pay you through Stripe Connect, a payments service provided by Stripe, Inc. ("Stripe").

• Setup: to receive payouts, you complete Stripe's onboarding from the KosherEats Restaurant app. Stripe will ask for your bank account, identity, and tax information. Your Stripe account is also governed by the Stripe Connected Account Agreement.
• Per-order transfers: after each order is completed, we transfer that order's net amount to your Stripe account. The net amount is the order's food subtotal, plus the sales tax collected on it (see Section 5) and any other amounts owed to you for that order, minus our fees for that order (see Section 3) and any refunds or adjustments (see Section 6). Stripe then deposits the funds to your bank account on its payout schedule.
• Tax forms: Stripe issues tax forms, such as Form 1099-K, for amounts paid to you, as required by law.
• Statements: statements showing your orders, fees, sales tax, refunds, and payouts are available in the KosherEats Restaurant app.

You are the vendor of the food you sell through KosherEats, and you are responsible for reporting and remitting sales tax on those sales to the appropriate tax authorities.

KosherEats collects sales tax from customers at checkout and passes 100% of it to you in your payout for each order. Your statement shows the sales tax collected on each order, so you have what you need to report and remit it.

• Restaurant issues: if a customer is refunded because of a problem caused by your restaurant — for example, wrong or missing items, or food quality — the refunded amount is deducted from your payout for that order. If that order has already been paid out, the amount is reversed from your Stripe account or deducted from a later payout.
• Delivery issues: problems caused by delivery on orders delivered by a courier KosherEats arranges — for example, a late or lost delivery, or food the courier mishandled — are handled by KosherEats and the courier service, and are not deducted from your payout.

Every refund or adjustment appears on your statement in the KosherEats Restaurant app.

You agree to:

• keep your menu, prices, hours, and allergen information accurate and up to date;
• handle and prepare food safely, follow all applicable food-safety laws, and hold every license and permit required to operate your business; and
• prepare orders promptly and accurately.

Customers choose KosherEats because they rely on the kosher information they see. You agree to:

• accurately describe your kosher certification, including identifying your certifying agency and any designations you list (such as glatt kosher, cholov Yisroel, or pas Yisroel); and
• promptly update KosherEats — in the KosherEats Restaurant app or by emailing support@koshereats.shop — if your certification changes in any way, including if it lapses, is suspended, or is withdrawn.

As required by New York City law, you will allow delivery workers who are picking up orders from your restaurant to use your restroom, except where doing so would pose a health or safety risk.

KosherEats does not and will not require you to indemnify KosherEats, or any independent contractor acting on KosherEats' behalf, for any damages or harm arising from the acts or omissions of KosherEats or that contractor. Nothing in this Agreement or in any KosherEats policy requires you to do so. This is consistent with New York City law governing third-party food delivery services.

For each order, KosherEats gives you the customer information you need to fill it: the customer's first name, the last four digits of their phone number, their delivery address and instructions, and the contents of the order. KosherEats does not otherwise share customers' contact information with restaurants.

You will use customer data only to fill the order it came with and in ways the law allows, and you will protect it with reasonable security measures against unauthorized access, use, or disclosure.

This Agreement starts when you accept it and continues until either of us ends it. Either you or KosherEats may end it at any time by giving the other notice. You can give notice by emailing support@koshereats.shop; we will give you notice by email to the address on your account.

When the Agreement ends, we remove your listing and stop taking new orders for your restaurant. You will still be paid for every order completed before then, less the fees and any refunds or adjustments that apply to those orders under this Agreement.

You accept this Agreement by tapping or clicking Accept in the KosherEats Restaurant app. Doing so is your electronic signature: it is legally binding and has the same effect as signing a paper contract, under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and New York's Electronic Signatures and Records Act.

The person who accepts confirms that they are authorized to accept this Agreement on behalf of the Restaurant. We keep a record of the version you accepted and when you accepted it.

This Agreement is governed by the laws of the State of New York, including applicable New York City law.

This Agreement is the entire agreement between you and KosherEats about listing your restaurant and selling through KosherEats, and it replaces any earlier agreements or understandings on that subject.

We may update this Agreement from time to time. We will give you notice of any change by email or in the KosherEats Restaurant app before it takes effect — and at least 30 days' written notice for any fee change (see Section 3). Each version is dated and numbered at the top of this page, and we may ask you to accept the updated version in the app. If you don't agree to a change, you can end this Agreement before it takes effect; if you keep using KosherEats after it takes effect, the updated Agreement applies.

Questions about this Agreement? Email support@koshereats.shop or write to KosherEats LLC, 1547 E 5th St, Brooklyn, NY 11230.