These general terms and conditions (the “Terms”) constitute an annex to the written agreement, and/or other agreements (the “Main Agreement”) which refers to these Terms, entered into between Zetenr and the restaurant (“Partners” and individually a “Partner”) where a Partner joins Zetenr’s Platform. The Partner and Zetenr are collectively referred to as “the Parties” and individually as “Parties” in the Agreement. The Main Agreement together with the Terms and any other annexes are collectively referred to as the “Agreement”.
1.BACKGROUND
1.1. The services are provided by Gozy AB which Zetenr is a part of, corporate identity number 559206-1708 (“Zetenr”), provides a platform (“the Platform”) which is available on www.zetenr.app and via Zetenr´s mobile app. The platform enables companies and private individuals (“Customers”) to order food, beverages and similar products (“Products”) directly from the Partner’s points of sale.
1.2. Through the Agreement the Partner joins Zetenr’s Platform and undertakes to sell, prepare and package via its points of sale and, where applicable, deliver Products according to orders (“Orders”) which made by the Customer via the Platform, in accordance with what is stated in the Agreement (the "Cooperation").
1.3. The Main Agreement states whether deliveries are to be made by the Partner or Zetenr (Zetenr Delivery).
2.GENERAL
2.1.Zetenr is a marketplace for the Partner. The Partner sell the products directly to the Customer without Zetenr being a middle part. The binding agreement for these transactions is therefore between the Partner and the Customer. The Partner is responsible for providing and, if applicable, delivering the Product or Products stated in the Order. By accepting an Order, the Partner enters into a binding agreement with the customer regarding the purchase of the Product or Products as well as any ordered delivery services. It is the Partners responsibility to provide correct information to the customers about the products.
2.2. In the event that conflicting information should occur between the Main Agreement and the Terms, the Main Agreement takes precedence. In the event of conflicting information between the Main Agreement and its annexes, the Main Agreement shall prevail over the annexes and the annexes shall thereafter apply according to their mutual, above, ranking, unless otherwise stated.
2.3.The partner is responsible for ensuring that its personnel affected by the Cooperation are
2.4.informed about the Agreement and trained about the Cooperation.
2.5.Through Zetenr’s email on the “contact us” section, the Partner has the opportunity to submit complaints regarding Zetenr, technical problems that affect the Partner’s ability to use the Platform and measures or special behavior related to the provision of the Platform that affect the Partner. When a complaint has been handled, the Partner is notified of the result of Zetenr’s handling of the complaint. Partner Service can be reached at info@zetenr.app
3.Zetenr’S COMMITMENTS AND RIGHTS
3.1. The platform
3.1.1 Upon Partner’s affiliation, Zetenr provides the Partner with access to the Platform and provides hardware and/or software to enable the Customer’s Order to reach the Partner (“Equipment”).
3.1.2.Zetenr does not guarantee the availability or functionality of the Platform or any Equipment provided and is not responsible for interruptions during the contract period. Zetenr is not liable to the Partner for any operational interruptions or deficiencies/errors in the Platform or the Equipment.
3.1.3.Zetenr has the right to unilaterally change domain names and participating websites on the Platform.
3.1.4.Zetenr reserves the right to limit the number of Products made available by individual Partners on the Platform due to practical features and to ensure the customer experience. Zetenr may also restrict or reject products on the platform that are illegal or that in Zetenr’s opinion are not considered to conform to Zetenr’s values.
3.1.5.Zetenr has the right to publish content that the Partner or Customer has added to the Platform as reviews, comments, or other publication of material. Zetenr also has the right to edit or delete material which according to Zetenr is offensive, violates the law, markets another supplier’s online ordering platform or which is otherwise unrelated to the Platform’s area of use.
3.1.6.Products available via the Platform are presented to the Customer in accordance with the Customer's search filter and Zetenr’s current ranking of Partners and their points of sale and products on the Platform. The ranking is primarily based on the parameters: location, opening hours and distance from the Customer to ensure the best customer experience. The partner has the opportunity to influence the ranking by agreeing on paid placement with Zetenr. Zetenr can also offer increased visibility as part of Zetenr’s own marketing campaigns and for new Partners on the Platform and can use different interfaces for certain Partners. However, the customer can always tailor their search filter.
3.2. Order
3.2.1.Under no circumstances is Zetenr responsible for certain Orders being incorrect or unserious.
3.2.2.In connection with the Order, Zetenr’s payment gateways partner issues receipt after each purchase and Partners shall not provide receipts in connection with the Order.
3.3. Zetenr Delivery
3.3.1.When Orders for which Zetenr delivers to the Customer (Zetenr Delivery), Zetenr’s carrier or possibly third party engaged by Zetenr (“Zetenr’s Rider”) the Order from the Partner´s point of sale at the time specified in the Partner´s app, and undertakes to deliver the Order to the Customer in the condition that can reasonably be expected of the Customer with regard to the type of product and the means of transport used, provided that the Partner complies with the requirements of clause 4.4.3 below.
3.3.2.If Zetenr’s Rider does not pick up the Order in accordance with clause 3.3.1 above, and this results in the Partner’s restaurant having to prepare the meal ordered again, Zetenr compensates the Restaurant by paying the cost for the meal ordered again. Price list according to 5.1.1 below or compensates the Partner with the corresponding amount. The amount is paid according to section 6.5 below.
4.PARTNERS’ COMMITMENTS
4.1. Marketing of Products
4.1.1Partner undertakes to make the relevant product (food or beverage) available via the Platform during the agreement period in accordance with the terms of the Agreement.
4.2. Information about the Partner
4.2.1.The information about the Partner that forms the basis for the Cooperation and for the information about the Partner that is stated on the Platform is stated in the Agreement. The information shall be provided by the Partner on the day of the Agreement (“Day of Agreement”).
4.2.2.The Partner is responsible at all times for the completeness and accuracy of the information and undertakes to notify Zetenr of any changes to such information without delay.
4.3.The platform and the Equipment
4.3.1.While using the Zetenr platform, the Partner shall possess the technical equipment required to handle the technical systems used by Zetenr (including the Equipment) and ensure that all personnel understand how Zetenr’s technical systems and software work.
4.3.2.While using the Zetenr platform, the partner shall use the Equipment and the other technical systems that Zetenr provides or directs and pay the necessary license fees for such systems. In the event of misuse of the Equipment, Zetenr has the right to charge a fee.
4.3.3. If there are technical problems or any other problem with the Platform or the Equipment which means that the Partner is not able to fulfill its obligations under the Agreement, the Partner shall immediately notify Zetenr, so that Zetenr can remedy the problem.
4.3.4.The Partner undertakes to be available by telephone and/or customers chat during opening hours so that Zetenr and the customers can always contact the Partner if questions or problems arise.
4.4. Completion of Order
4.4.1.The Partner shall within two (2) minutes from that they receive a delivery order confirm it. If a Product is not available, the Partner must immediately reject the order and mark the product as unavailable, in the Partner web portal. A dine-in or takeaway Order is automatically confirmed by the Partner when received on the Partner’s web portal. The Partner has a maximum of five (5) minutes to explicitly reject a dine-in or takeaway Order.
4.4.2. In cases where the Customer via the Platform has chosen to pick up the Order directly at the Partner’s point of sale (Takeaway), the Partner shall package and make the Products available for collection by the Customer in accordance with the time stated for the Order
4.4.3.If the Partner has received or procured delivery equipment from Zetenr, the Partner shall use it in accordance with any instructions from Zetenr without compensation.
4.4.4In cases where the Partner provides delivery for orders the Partner shall, after receiving the Order, prepare, package and deliver agreed orders directly to the Customer
4.4.5.In cases where Orders are to be delivered by Zetenr’s Rider, the Partner shall, after receiving the Order, prepare and package the products for collection in accordance with the time indication that appears from the respective Order. The partner is responsible for ensuring that the Products are packaged in an appropriate manner with regard to the means of transport used by Zetenr’s Riders.
4.4.6. The Partner shall forward feedback and any complaints from both the Customer and the Partner to Zetenr without delay.
4.5. Regulatory compliance and information to the Customer
4.5.1.The Partner is fully responsible for ensuring that the Partner’s operations are conducted in accordance with current and applicable laws, constitutions, and other regulations, including government regulations and councils, as well as self-regulations and self-monitoring programs (together “Applicable Regulations”). While using the Zetenr platform the Partner shall continuously hold all permits, licenses and registrations (together "Permits") that are applicable to the business, including any necessary permits for Zetenr and the Partner to offer, market, supply and/or deliver the products to the Customer. Furthermore, the Partner must be approved for business tax and VAT registered while using the Zetenr platform. The Partner agrees that Zetenr contacts relevant authorities to check that the Partner complies with the applicable Regulations and has any necessary Permits. The Partner agrees that Zetenr contacts relevant authorities to check that the Partner complies with the applicable regulations and has any necessary permits
4.5.2.The Partner is responsible for ensuring that the Partner’s products and the marketing of these comply with the applicable Regulations. The Partner is thus responsible for, for example, (i) that the Partner's marketing of Products is in accordance with good marketing practice, (ii) that the Products meet applicable requirements for product safety and are marked and packaged in accordance with Applicable Regulations, (iii) that the Customer is given all necessary information before Ordering is completed, including but not limited to necessary information in accordance with applicable consumer protection rules and (iv) that all information about the Products contained on the Platform, or otherwise made available by the Partner to the Customer, is correct and complies with Applicable Regulations, including but not limited to nutrition declarations and information on allergens in the sale of food, beverages and other foods, applicable manuals, warranty information and/or user instructions,.
4.5.3.In the event that Partner refers Zetenr to an external database (“External Database”) for the provision of information, the Partner is responsible for the information provided to Zetenr from such External Database is correct.
4.5.4.The Partner is responsible for keeping Zetenr informed at all times about applicable laws, regulations and other applicable regulations regarding the sale and delivery of the products made available by the Partner on the Platform, insofar as these oblige Zetenr within the framework of the Cooperation
4.5.5.If the Partner breaches commitments in this clause 4.5 Zetenr has the right to at its option remove the products concerned and/or suspend the Partner from the Platform until the deficiency is remedied, or if Zetenr so chooses, terminate the Agreement in accordance with clause 11.2 below. Violations of this section 4.5 are compensated in accordance with section 13.3 below.
4.6. Age-restricted Products
The Partner is fully responsible to comply with the regulations regarding the sale of Products for which age limits apply in accordance with law or for which the Partner otherwise applies age limits.
4.7. Certain foods and beverages
Partner undertakes to inform Zetenr if there are special obligations when Zetenr delivers certain foods and beverages to the customer in accordance with applicable laws, regulations and other applicable regulations. Zetenr has the right to refuse delivery of the foods and beverages if fulfillment of such an obligation entails unreasonably burdensome or costly adjustments for Zetenr and has the right to return foods and beverages that are not delivered in accordance with this section 4.7 or that have otherwise been agreed between the Parties.
4.8. Complaints, returns and warranty matters
4.8.1.The partner is responsible for the product being in the agreed condition and free from defects, and that any delivery of the product is carried out in accordance with the agreed Order. The partner is responsible for receiving and handling complaints and returns for a reasonable time or up to a maximum of fourty eight (48) hours from the date of Order and/or possibly separate agreement between the Parties.
4.8.2.The partner shall compensate Zetenr for all costs, including delivery costs, due to faulty products provided by the Partner.
4.8.3. The partner agrees to Zetenr self-invoice for approved returns and/or complaints and that this may be set off against future payments
5. UPDATE AND PROVISION OF RANGE
5.1. Information and updating of products
5.1.1.The Partner shall provide Zetenr with up-to-date and correct information on the Partner’s current range of products
5.1.2.In the event of any updates to the Partner’s products (including but not limited to content) and Price List, the Partner shall immediately notify Zetenr via the partner portal or by e-mail to info@zetenr.app
5.1.3.Zetenr is not responsible for the accuracy of information about the Partner’s products displayed on the Platform
6. PRICES, FEES AND COMPENSATION
6.1. Pricing and payment
6.1.1. The Partner shall ensure that the stipulated prices for their products on Zetenr platform are the final prices for consumers to pay including taxes (VAT).
6.2.The fees
6.2.1Zetenr has the right to charge the following fees (collectively the "Fees") from the Partner:
(a) 1 The Zetenr platform is free for use and we only get a commission of 3% when the partner get orders from users of Zetenr app to the Partner web portal. In addition, our payment gateway partner charges 1,4% + €0.25 per transaction for European cards and 2.9% + €0.25 per transaction for non-European cards
(a) 2 For partners who request hardware from Zetenr, Zetenr charges a Start-up fee for the hardware
(a) 3 In addition to the above, Zetenr delivery charges a further 6%
(b) 1 Monthly fee for partners who request hardware from Zetenr, Zetenr charges a monthly fee for the hardware
(b) 2 For partners who wish to reach All Zetenr customers, Zetenr charges a monthly fee of €250
(c) Service Fee (discount corresponding to previous commission) in accordance with 6.3.1 below and as set forth in the Agreement (the “Service Fee”);
(d) Other fees and allowances that are at any time applicable by agreement between the Partner and Zetenr (eg for the sale of goods, advertising, vouchers or other offers to the Customer paid for by the Partner);
(e) Penalty fees in accordance with 6.2.3 below, if the Partner e.g. denies an Order that is not incorrect or in any other way violates its obligations under the Agreement regarding order, quality, delivery or service to the Customer.
6.2.2.Zetenr has no obligation to charge fees in accordance with 6.2.1 above, and any Zetenr’s failure or remission to charge one or more fees from time to time shall not affect Zetenr’s future right to charge such fees (including but not limited to limited to sanction fees).
6.5.Payment
6.5.1.Payments in the Zetenr platform are handled by our payment gateway partner Stripe. In order to complete the signup process, the Client agrees to create a separate account and agree to the terms and conditions with our payment gateway partner Stripe by clicking on the “payment settings and completing the steps.
6.5.2Payouts: By completing the steps in 6.5.1 above the client will create a Standard account with Stripe which provides partners with a preset onboarding process, determine partner payout schedules, provide support, and clients would have access to their own Stripe Dashboard.
7.SECRETITY
7.1. The Parties undertake, without limitation in time, not to disclose to third parties any information received by either Party from the other. The duty of confidentiality also includes the content of the Agreement.
7.2. However, the duty of confidentiality does not include:
(a) information that is generally known at the time of disclosure or which has become widely known in other ways than through breach of the Agreement;
(b) information provided by either Party on a non-confidential basis;
(c) information that either Party is required to disclose; preserve or maintain by law or any regulatory or state authority;
(d) information the disclosure of which either Party has approved in writing in in advance.
8. INTELLECTUAL PROPERTY RIGHTS AND MARKETING
8.1. Rights
8.1.1.Zetenr or its licensors hold all rights including intellectual property rights in the Platform and the Equipment and software contained therein. The same applies to information developed by Zetenr on the Platform.
8.1.2.The Agreement shall not be interpreted as that ownership, title, copyright or other intellectual property rights are transferred to the Partner. The Partner does not have the right, in addition to what is granted in writing by Zetenr, to use, copy, change or otherwise handle intellectual property rights belonging to Zetenr, nor transfer, transfer or grant the right to such intellectual property rights to third parties.
8.1.3.Zetenr has the right to use texts, logos, images and other material made available by the Partner for publication on the Platform or otherwise for marketing in accordance with the Agreement. However, ownership of the material provided by the Partner remains with the Partner. The Partner is responsible for ensuring that the Partner’s materials do not infringe the rights of third parties or otherwise contravene applicable law and shall indemnify and hold Zetenr indemnified in relation to all costs or claims, including legal costs, as a result of infringement of third parties right to patents or intellectual property rights or in violation of applicable law.
8.2. Pictures on the products
8.2.1.The partner shall, where applicable, contribute to Zetenr, or contractors hired by Zetenr, being given the opportunity to photograph the Products (the “Images”). Zetenr has the right to use the Images for marketing purposes on the Platform or otherwise for marketing in accordance with the Agreement. The copyright and ownership of the Images belong to Zetenr
8.2.2.The Partner has the right to use the images on the Partner’s own website and in the Partner’s points of sale in order to show the Partner’s customers what the products look like.
8.2.3.If the Partner uses the images in a manner that is not permitted under the Agreement, Zetenr has the right, in addition to Zetenr’s other statutory and agreed rights, to receive from the Partner a fine of €500 per Image used by the Partner in violation of the Agreement and revoke the Partner's right to use the Images in accordance with clause 8.2.2 above.
8.3.Marketing
8.3.1.Zetenr has the right but no obligation to use the Partner’s name and brand when marketing the Platform, in various marketing channels.
8.3.2.The Partner undertakes to provide Zetenr with such information as Zetenr requests or that the Partner wishes and finds suitable to present via the Platform or in other marketing channels. however, Zetenr has no obligation to display such information on the Platform.
8.3.3.The partner shall continuously market the Platform in and outside the point of sale with stickers or through other marketing material provided by Zetenr. Partners will also market the Platform in their own marketing material in consultation with Zetenr.
8.3.4.Zetenr shall approve in advance all material for marketing and display related to the Cooperation developed by the Partner including, but not limited to, images, texts, banners, advertisements, signs, newspaper articles, commercials, etc., regardless of whether such material is in writing or digitally. Zetenr’s approval does not free Partner from its obligation to comply with any applicable laws and regulations, including but not limited to marketing laws, names and image laws in advertising and copyright laws.
9. PERSONAL DATA AND ACCESS TO DATA
9.1. In addition to the information appearing on the Platform, the customer may be informed of the Partner’s name, address, VAT number and contact details in the receipt, order confirmation or in another way.
9.2. By the Partner’s use of the Platform Zetenr receives access to data attributable to the Partner and its use of the Platform such as Order information. Zetenr processes personal data in accordance with Zetenr’s current privacy policy.
9.3.Upon fulfillment of the Agreement and for the purpose of executing Orders, the Partner receives access to customers’ personal information, such as customers’ names, telephone numbers and addresses or other information provided by customers deemed necessary to deliver the Order. A condition for Zetenr to share such personal data with the Partner is that the Partner only uses the personal data for the purpose of performing the Orders, which excludes any other use of such data, e.g. for marketing purposes. The partner understands that it is responsible for its processing of personal data within the framework of the Cooperation and is responsible for acting in accordance with the EU General Data Protection Regulation 2016/679 (GDPR) and other applicable data protection legislation. Zetenr is responsible for its processing of personal data within the framework of the Cooperation.
9.4.After the termination of the Agreement, Zetenr processes personal data and other data provided by Partner or generated by the Partner’s use of the Platform only at an aggregate level.
9.5.The Partner does not have access to other Partners’ data, not even in aggregate form.
9.6.The Partner hereby undertakes to compensate and hold Zetenr indemnified against all claims and claims from authorities or third parties, including legal costs and enforcement of this clause 9, as a result of the Partner or any employee, agent or subcontractor of the Partner violating applicable data protection legislation. The partner and Zetenr must comply with Article 33 of the GDPR.
9.7. The data shared in accordance with this clause 9 is covered by confidentiality with point 7 (Secrecy).
10. TRANSFERS
10.1.The Partner is not entitled to transfer its rights and obligations under the Agreement to another party without the written consent of Zetenr. In the event of a transfer without Zetenr’s consent, Zetenr has the right to terminate the Agreement with immediate effect.
10.2.If the Partner’s business or point of sale is transferred to a third party (“Acquiring Party”), the Partner shall notify Zetenr no later than two (2) weeks before the transfer to enable Zetenr to enter into negotiations for the conclusion of an accession agreement with Acquiring Party. However, Zetenr has no obligation to enter into negotiations and has the right to terminate the Agreement with immediate effect upon transfer.
10.3.Zetenr has the right, without the Partner's approval, to transfer all or part of the Agreement or rights and/or obligations under the Agreement to companies within the Gozy AB group
11. CONTRACT PERIOD AND TERMINATION OF THE AGREEMENT
11.1. The Agreement enters into force on the date the partner signs up to Zetenr platform and runs until further notice with a mutual notice period of one (1) month. The Parties may separately agree that there shall be no obligation for the Partner to use the platform during the notice period.
11.2.Notwithstanding what is stated in 11.1 above, Zetenr has the right to terminate the Agreement with immediate effect if:
(a) The Partner has violated the Agreement, for example by having recurring deficiencies in order, quality, delivery or service, and not remedied within five (5) days after Zetenr pointed this out;
(b) The partner is declared bankrupt, enters into a composition agreement, enters into liquidation or is otherwise found to be insolvent or no longer holds the necessary permits for its activities; or
(c) The Partner has transferred the business or relevant (a) points of sale.
11.3.Termination must be in writing
11.4.Termination of the Agreement does not release the Party from paying debts that the Party has incurred during the term of the agreement.
11.5.Any fees and costs that the Partner has paid will not be refunded upon termination or transfer of the Agreement.
11.6.The Partner shall without delay after the termination of the Agreement return any Zetenr provided Equipment (tablets) to Zetenr and cease to use the Images and return all copies and images of the Images to Zetenr or, following Zetenr’s express instructions, destroy all copies and images of the Images. If any Equipment has not been returned within seven (7) days of the Termination of the Agreement, Zetenr has the right to charge the Partner €200. The amount is invoiced separately and may be set off against any remaining payment (s). Any debit does not eliminate the Partner’s obligation to return the Equipment.
12.FULLNESS AND CHANGES
12.1.The Agreement constitutes the Parties’ complete settlement of the matters to which the Agreement relates. All written or oral commitments and commitments that preceded the Agreement will be replaced by the content of the Agreement.
12.2.Zetenr has the right to adjust the Fees contained in the Agreement at any time. Such adjustment shall be made by notice in accordance with point 17 (Messages) below. The fees are subject to change with 15 days’ notice. If the Partner does not respond to the message within 15 days of receipt, the adjustment shall be deemed accepted.
12.3.Zetenr also has the right to make other changes to and/or additions to the Agreement and/or the terms by informing the Partner of such changes and/or additions, which shall be made by notification in accordance with clause 17 (messages) below. The changes and/or additions shall enter into force between the Parties 15 days after the Zetenr has notified the Partner. If the Partner does not accept the changes or additions, the Partner has the right to terminate the Agreement. If the Partner chooses to exercise such a right to terminate the agreement, Zetenr has no obligation to pay any compensation due to the termination. Termination must be in writing. If termination has not taken place before the amendment to the Agreement and/or the Terms enters into force, the Partner shall be deemed to have accepted the changes and/or additions. No notice period applies when the changes and/or additions are due to amendments in laws and regulations or are intended to protect consumers, Partners or the services under the Agreement from unforeseen and imminent danger of fraud, malicious code, spam, data breaches or other cyber security risk.
12.4.If the Partner adds products to the platform and/or accepts orders during the periods referred to in 12.2 and 12.3 above, Zetenr will consider that the Partner has waived its right to terminate the agreement in accordance with 12.2 and 12.3 above, and the Partner is deemed to have accepted communicated adjustments, changes and/or additions.
12.5.Should any provision of the Agreement or any part thereof be found to be invalid, this shall not mean that the Agreement in its entirety is invalid but shall, insofar as the invalidity materially affects the Parties' exchange of or performance under the Agreement, reasonable adjustment of the Agreement.
12.6.Zetenr’s failure to exercise any right or to point out a certain circumstance under the Agreement shall not be deemed to imply that Zetenr has suspended its right in such respect.
13. RESPONSIBILITY
13.1.The Partner is the seller of the products (to the customer) and is responsible for the Products’ quality, nature and other properties until the products have been delivered to the Customer. The Partner is responsible for errors in the product and damage that Zetenr, customer and/or other third parties suffer as a result of Products sold via the platform, in accordance with this agreement and applicable product liability legislation.
13.2.In the event of complaints concerning food, beverages, the Partner shall reimburse Zetenr for any charges incurred and revenue lost as a result of defects or deficiencies in the Products.
13.3.The Partner shall defend and hold Zetenr indemnified for all claims, damages, penalties, costs and expenses (including reasonable costs for hiring a legal representative) that Zetenr incurs as a result of the Partner violating a provision of the Agreement or applicable law or regulation.
13.4.With the exception of breaches of clauses 7 (Secrecy), 9 (Personal data and access to data) and the Partner's liability for damages in accordance with clause 13.3 above, the Partner's liability under the Agreement is limited to direct damage. The parties are thus not liable for indirect damage such as lost trading profit, reduced sales or lost goodwill. Zetenr is liable to compensate the Partner for damages caused by Zetenr rider. Zetenr is not economically liable in any other circumstances that might arise between Zetenr and the Partner.
13.5.Any claims from the Partner towards Zetenr must be asserted within two (2) months from the time of the damage.
14. FORCE MAJEURE Neither Party shall be obliged to carry out its respective commitments in the Agreement if barriers exist due to event due to force majeure, including, but not limited to, pandemics (including COVID-19), industrial disputes, strikes, lockouts, riots, insurrection, terrorist act, fire, flood, embargo or due to government order or law or other circumstance beyond the control of the Parties. Should the Parties' commitments be delayed for more than one (1) month as a result, either Party shall be entitled to terminate the Agreement with immediate effect without incurring liability towards the other Party.
15. COMPETITION E.G.If the Partner chooses to cooperate with another supplier of online ordering platform, Zetenr, reserves the right to terminate the Agreement with immediate effect if objectively acceptable reasons exist, such as that the Partner conducts or prepares third parties the opportunity to conduct unfair marketing in order to get customers to use another ordering form than the Zetenr provides.
16. CONTACT
16.1. The contact person specified by the Partner in the Agreement is responsible for the Cooperation under the Agreement and shall be the primary contact person in matters concerning the Cooperation, unless otherwise agreed in writing between the Parties. The contact person shall have full authority to decide on measures that are necessary for the implementation and completion of the Cooperation.
16.2. If the Partner has questions regarding the Cooperation, the Partner must contact Zetenr’s support function on Partner web portal or via e-mail info@zetenr.app, or as otherwise instructed by Zetenr.
17.MESSAGES Messages under the Agreement shall be delivered by courier, registered letter or e-mail in accordance with paragraph 16 (Contact) above.
18. LAW CHOICE AND DISPUTE RESOLUTION
18.1.The agreement has been drawn up and shall be interpreted in accordance with Swedish law.
18.2. Disputes between the Parties in connection with the Agreement shall be finally settled at the Stockholm Chamber of Commerce, Stockholm, Sweden.
18.3.The Institute’s rules for simplified arbitration shall be applied unless the Institute, taking into account the severity of the case, the value of the dispute and other circumstances, decides that the arbitration rules for the Stockholm Chamber of Commerce’s Arbitration Institute shall instead be applied to the procedure. In the latter case, the Institute shall also decide whether the arbitral tribunal shall consist of one (1) or three (3) arbitrators. The arbitration shall take place in Stockholm and be held in English.
18.4. Arbitration proceedings called for with reference to this arbitration clause are covered by secrecy. Confidentiality includes all information that emerges during the proceedings as well as decisions or arbitrations issued in connection with the proceedings.
18.5. Zetenr’s clear and overdue compensation claim from non-payment may, regardless of application, be collected through an application for an order for payment to the authority responsible for the collection of claims or through a general court.
ENTRY INTO FORCE The terms apply from 1 October 2021 and replace all previously applicable general terms and conditions for connection to Zetenr’s Platform and network for mediation and/or sale of Products and services between the Parties.