Terms of Service - Restaurants
This Vendor Agreement ("Agreement") is entered into by and between Nousattva Pty Ltd ("Nousattva", "we", "us", or "our"), an Australian proprietary limited company operating the ResQBox Food platform ("ResQBox Food", "Platform"), and the registered restaurant or food vendor ("Vendor", "you", or "your") participating in the Platform. By registering and using ResQBox Food, you agree to be bound by the terms and conditions set forth herein.
1. Definitions
1.1 Platform means the ResQBox Food marketplace and associated services, including any digital interfaces provided by Nousattva.
1.2 Vendor means a registered restaurant or food business listing surplus food for sale via the Platform.
1.3 Consumer means an individual purchasing food from the Vendor through the Platform.
1.4 Surplus Food means food that is safe for consumption but would otherwise be discarded due to overproduction, excess inventory, or unsold portions.
1.5 Order means a transaction initiated by a Consumer for a food box listed by the Vendor.
1.6 Food Safety Certificate means a valid certification issued under applicable Australian food safety laws, including Standard 3.2.2A of the Australia New Zealand Food Standards Code.
2. Scope of Services
2.1 Nousattva provides the Platform to facilitate the sale of Surplus Food by Vendors to Consumers.
2.2 The Platform enables Vendors to list food boxes, manage inventory, accept orders, and receive payments.
2.3 Nousattva acts solely as a technology intermediary and does not:
- Prepare, store, or handle food;
- Own or control food inventory;
- Guarantee food quality or safety;
- Assume liability for food-related incidents.
2.4 All food-related responsibilities remain solely with the Vendor.
3. Vendor Eligibility and Registration
3.1 To be eligible to use the Platform, the Vendor must:
- Be a legally registered business in Australia with a valid ABN;
- Hold and maintain a current Food Safety Certificate;
- Provide accurate and complete business information during registration.
3.2 The Vendor agrees to maintain the accuracy of account information at all times and promptly update any changes to business or regulatory status.
4. Vendor Obligations
4.1 Listing and Order Management
The Vendor agrees to:
- Post daily listings of Surplus Food boxes with accurate descriptions, quantities, and pickup windows;
- Clearly describe the contents of each box to minimise cancellations and disputes;
- Accept or reject orders promptly, ideally within minutes of receipt;
- Reserve accepted orders until the designated pickup time;
- Cancel orders at least one (1) hour prior to pickup unless the Consumer has confirmed collection;
- Update the order status in the Platform to reflect the final outcome of each transaction.
4.2 Food Safety and Compliance
The Vendor is solely responsible for:
- Complying with all applicable laws, regulations, and industry standards;
- Ensuring that all food listed is safe for consumption and compliant with Australian food safety standards;
- Listing only Surplus Food unless otherwise agreed in writing with Nousattva;
- Notifying Nousattva immediately of any food recalls, contamination, or safety concerns.
4.3 Platform Conduct
The Vendor agrees to:
- Manage the Platform account securely, including safeguarding login credentials;
- Not engage in fraudulent, misleading, or deceptive conduct;
- Not misuse Consumer data or contact Consumers outside the Platform for commercial purposes;
- Cooperate with Nousattva in resolving disputes, complaints, or service issues.
5. Disputes, Cancellations and Refunds
5.1 Consumers may cancel orders if the food listed differs materially from what is available. Nousattva may charge a cancellation fee to the Vendor in such cases.
5.2 The Vendor may cancel an order at least one (1) hour prior to the scheduled pickup time unless the Consumer has confirmed collection.
5.3 Nousattva may issue refunds to Consumers at its sole discretion. The Vendor will not receive payment for refunded orders.
6. Payments, Fees and Taxes
6.1 Nousattva charges an annual subscription fee for access to the Platform and a transaction fee for each concluded order.
6.2 Nousattva utilizes Stripe for payment processing. All payments from Consumers are processed directly by Stripe.
6.3 Net payouts are remitted by Stripe to the Vendor's connected account weekly (every Monday) for orders completed in the prior week.
6.4 All amounts include GST. The Vendor is responsible for remitting taxes on sales in accordance with Australian tax law.
7. Data Privacy and Security
Nousattva complies with the Privacy Act 1988 (Cth) and ensures secure handling of personal data. All financial and payment processing data is handled directly by Stripe.
8. Intellectual Property
8.1 The Vendor retains ownership of its brand, trademarks, and content.
8.2 The Vendor grants Nousattva a non-exclusive, royalty-free, worldwide licence to use its listings, images, and descriptions for the purpose of operating and promoting the Platform.
9. Liability and Indemnity
9.1 Nousattva is not liable for the quality, safety, or legality of food provided by Vendors, or any loss, damage, or injury arising from Vendor conduct.
9.2 The Vendor agrees to indemnify and hold harmless Nousattva from any claims arising from breach of this Agreement, violation of applicable laws, food-related incidents, or misconduct.
10. Suspension and Termination
Nousattva may suspend or deactivate the Vendor's account for breach of this Agreement, food safety violations, misrepresentation, or repeated Consumer complaints.
11. Governing Law
11.1 This Agreement is governed by and construed in accordance with the laws of the Commonwealth of Australia.
11.2 Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Australia.