Terms of service Merchants

Published 24/1/2020
Updated 8/2/2021
1. General Description
1.1 Introduction
These Service Provider/Merchants Terms and Conditions (this “Agreement”), is a legal agreement between you as a merchant and Wibl AS, a Norwegian company (hereafter called “Wibl”), which guides your use of and access to the Service Provider Application (as defined below) and the Website (as defined below). If you don’t want to be bound by this Agreement, please do not access or use the Merchant Application and/or Website. Wibl may terminate, without notice, your access to the Merchant Application and/or Website for failure to comply with this Agreement. By creating an account in the Merchant Application and/or the Website, you accept this Agreement and agree to be bound by each of its terms. You also represent and warrant to Wibl that: You have the authority to enter into this Agreement (either on your own behalf or by having an authorized person at your company agree to the terms set forth herein on your behalf),
This Agreement is binding and enforceable against you,
To the extent an individual is accepting this Agreement on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity.
You have read and understand Wibl's Privacy Policy, the terms of which are posted at the Website and incorporated herein by reference (the “Privacy Policy”).

1.2 What Wibl offers
The Wibl service is a sales channel via which merchants/service providers offer meals and/or experiences to registered users. In these terms of Wibl service, the term “Merchants” refers to restaurants and other Service Providers. The aim of this service is to give Merchants the opportunity to sell meals and/or experiences to consumers. The Wibl service allows Merchants to gain extra income from otherwise empty seats

2. Purpose
The purpose of this Agreement is to explain the terms and conditions under which Wibl will let you use Wibl's merchant application (the “Merchant Application”) through your mobile device or computer and/or use the Website (collectively, the “Purpose”). As also mentioned in other parts of this Agreement, Wibl does not have any control over any merchants or other third parties, and therefore is not liable or responsible for any actions taken or supposed to be taken by any such third party.

3. The Wibl Service
3.1 Registration
To use the sales channel service and the features made available through the Merchant Application and Website, you are required to complete a registration process to create an account with Wibl (“Account”).
When you create your account you are given access to use Wibl's software platform commonly referred to as “Wibl for Business” (the “Merchant Application”) as made available through its website located at www.wibl.no (the “Website”) and/or via mobile application during the Term (as defined below) solely for the Purpose.
Creating your account offers you easy access to see your company details, the meals/experiences you offer for sale, and the purchases that have been made through Wibl's service offering. In order to create your Account, it is necessary to provide certain personal information, which includes but is not limited to, your name, contact information, and more. It is also necessary to provide your company information, which includes but is not limited to, company name, company information, contact information, billing information, and more.
How Wibl may store and use of the personal information provided by you when registering for an Account and/or using the Merchant Application and the Website is set out in the Privacy Policy.

3.2 Creating sales
The logged in Wibl merchant uploads meals/experiences to be sold (hereinafter referred to as “Offer(s)”). To create an Offer, the merchant has to provide certain Offer information such as title, ingredients, allergens, regular price and discount. Each Offer must be listed with the correct regular price. It is strictly prohibited to list an Offer at a higher original price than the price charged at the merchant’s location.The merchant then lists the number of available Offers, sets the sale times, and starts a promotion through the Merchant Application or Website. After the promotion has started, the available Items will be shown to the Wibl users.

3.3 Order and order confirmation
The logged in Wibl user places the Offer order through the Wibl user application or Website. Individual Wibl users purchasing Offers through the Wibl consumer application or Website are hereinafter collectively referred to as Buyers or individually a Buyer. After placing the order, the logged in merchant will receive an order confirmation in the Merchant Application or Website.

3.4 Merchant’s sales obligations
After a Buyer has placed an order for an Offer made available by you through the Merchant Application and/or Website, and an order confirmation has been received, you are obliged to provide the Buyer with the ordered Offer during the specified valid offer time frame.
Offers made available through the Merchant Application and/or Website must be of a standard that a reasonable person would regard as satisfactory. For example, this means that each provided Offer shall be fit for all the purposes for which Items of that kind are usually supplied, be safe for consumption and have satisfactory quality, appearance and finish.
You are solely responsible for determining the quality and freshness of the Offer made through the Merchant Application and/or Website.
You are committed to preparing the Offers offered through the service in compliance with the legislation concerning the handling, storing and transportation of food and in accordance with the established principles and practices of the industry. If the merchant detects a technical error or other error in the Wibl service, the merchant can report the problem through the Merchant application or Website.

3.5 Payment of the order
The Buyer will pay for ordered products and Offer(s) through the Wibl consumer application or Website.
Payment processing services for Service Providers on Wibl are provided by one of our Payment Service Providers and are subject to the TOS of their services. By agreeing to [this agreement / these terms / etc.] or continuing to operate as a Service Provider on Wibl, you agree to be bound by the payment service TOS at any time. As a condition of Wibl enabling payment processing services through Stripe, you agree to provide Wibl accurate and complete information about you and your business, and you authorize Wibl to share it and transaction information related to your use of the payment processing services provided by our Payment Service Provider.

Wibl will automatically charge from the user at the time of the order. The user does not have the right to cancel or change a made order unless stated otherwise by the merchant. The restriction of the right of cancel a made order is based on the nature of food which may spoil or age rapidly.

3.6 Pick up of order, redemption and delivery
Upon arrival, the Buyer shows the merchant an order confirmation in the consumer application to receive the Item(s). The merchant has also the ability to confirm an order in the Merchant Application or the Website by identifying the Buyer by name.
The Buyer should pick up the ordered Item from the merchant premises in a timely manner during the time frame informed by the merchant. If the Buyer does not collect the order during the given valid time frame, the merchant has the right to do as they see fit with the Offer ordered by the Buyer. In such cases the Buyer is not entitled to a refund for the ordered Item, unless stated otherwise by the merchant.

3.7 Fees
Wibl offers the Merchants different deals. Either Wibl charges a percentage of the order value for each order made through the Wibl consumer application or we charge a fixed . Furthermore, Wibl may, at any point and in its discretion, elect to begin charging fees for use of various portions of the Merchant Application, the Website and/or for different levels of subscriptions. Changes in fees and structure for collection of fees will be notified with one weeks advance through merchants preferred contact information, preferrably e-mail.

3.8 Payouts
Monthly payouts of the merchant’s sales through the Wibl service is made to the account specified by the merchant. During the first week of the month the merchant is sent a sales report specifying the sales from the previous month, if any such sale has been made.

3.9 Refunds
If the merchant by any chance has to cancel an order made by a Buyer for reasons such as, but not limited to, unavailability and/or quantity errors, the merchant can refund the Buyer through the Merchant Application or by contacting Wibl. Such refunds will be handled by Wibl as soon as possibility during regular business hours.

3.10 Reclamations and service disruptions
The Wibl service is a mediator of merchants’ services. Wibl is not the provider or the producer of the Items listed in the service and will not, to the extent permissible by mandatory law, be liable for the quality of ordered Offers, damage caused by provided Offer or errors that may occur during the pickup of an order. The merchant, is solely responsible for all the user reclamations concerning Offers made available through the Merchant Application and/or the Website. Wibl will direct all the reclamations of Offer(s) to the merchant

3.11 Customer support
Wibl offers support via email (social@wibl.no)

4. Conditions of Use
4.1 Certain responsibilities
It is your responsibility to make sure that all information provided by you to Wibl is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information going forward.
It is also your responsibility to maintain all passwords and access codes to the Merchant Application and/or the Website, and refrain from sharing or otherwise permitting third parties to use any such passwords and/or access codes to access the Merchant Application or the Website.

4.2 Certain Restrictions
Wibl does it's best to keep the Merchant Application and the Website safe and secure but need your help to do it by not violating or attempting to violate the security of the Merchant Application or the Website.Except as expressly permitted under other parts of this Agreement, you may not modify, reproduce, duplicate, copy, publish or create derivative works of:any portion of the Website or the Merchant Application, any content, photographs, descriptions, software, image or other information or any data taken therefrom (collectively, “Content”). For the sake of clarity, this does not apply to content belonging to the Merchant such as for example photos of items from the Merchant in the Merchant Application or Website.
any information or materials retrieved from either of them, which includes graphics and logos, presentations, in whole or in part.
Furthermore, you may not use the Website or Merchant Application for any purpose that: invades any person’s or entity’s privacy or other rights;
misidentifies you or impersonates any person or entity, including, without limitation, any employee or representative of Wibl;
pretends to be someone other than you are or pretends to represent a company or organization that you are not affiliated with or authorized to represent;
could otherwise reasonably be deemed or viewed to be unethical, illegal or offensive.

4.3 Wibl rights
Wibl shall be entitled to post feedback at the Website, within the Merchant Application and the Wibl consumer application (and/or allow others to do so), both positive and negative, regarding any merchant. In case of negative feedback the Merchant shall have the right to be informed before such feedback is posted.
Wibl has the right to at any time suspend or terminate a merchant’s Account and access to the Merchant Application or non-public portions of the Website if the merchant violates this Agreement or uses the Merchant Application and/or Website in a way that is harmful to Wibl or any third party.

5. Content
5.1 Third party content
The Merchant Application, the Website and the consumer app contain and/or provide access to content provided by merchants and other third parties, including, food item information, pricing, discount information, menus, photographs, graphics and merchant information (“Third Party Content”).

5.2 Information accuracy
The third party that any Third Party Content originates from is solely responsible for it, and Wibl does not and cannot review all Third Party Content made available through any part of the Merchant Application or the Website.
As such, Wibl cannot guarantee the correctness of any Third Party Content or fitness for use of any offers posted on via the Merchant Application and the Website.
In no event shall Wibl be liable for any damages arising out of your use of the Merchant Application and/or the Website, or for any loss or damage of any kind incurred as a result of the Third Party Content or offers.
Wibl cannot guarantee that the Merchant Application and the Website, including the Content, will be uninterrupted or error free. Wibl cannot be held responsible for if the Merchant Application and/or the Website is down or if any Content, information or functionality does not work as expected.

5.3 Intellectual property
For purposes of clarity between you and Wibl, you are the sole owner of all information and content entered into the Merchant Application or the Website or otherwise posted by you. Wibl is the sole owner of the Website, the Merchant Application, and all source code, software, content and other intellectual property related to it or included in it.
All suggestions and recommendations from you to Wibl regarding the Merchant Application or the Website are, upon submission to Wibl, owned by Wibl.
In exchange for your use of the Website and/or the Merchant Application, you hereby grant Wibl the right to use the content you post to the Website, submit to Wibl or post through the Merchant Application for marketing purposes.
Wibl shall be entitled to display advertising and/or any other content at locations of its choosing within the Website and/or Wibl consumer application, including without limitation adjacent to your content.

5.4 Confidentiality
Each party agree to treat all information of the other party as confidential, not to use such confidential information for any purpose other than to use the Merchant Application or the Website and not to disclose such confidential information to any third party except as may be reasonably required according to this Agreement and subject to confidentiality obligations.

5.5 Non-Solicitation
During the Term (defined below) and two (2) years thereafter, merchants shall refrain from directly or indirectly soliciting, enticing, persuading or inducing any individual who is then, or has been within the one-year period prior to the applicable date, an employee of Wibl to terminate employment with Wibl or to become employed by or enter into contractual relations with any other individual or entity.

5.6 Copyright infringement
Wibl respects the intellectual property of others, and asks you to do the same. You may not use the Website, Merchant Application, the Content or any other materials from the Website or Merchant Application in any manner that may infringe upon any copyright or other intellectual property right of Wibl or any third party.

6. Term and Termination of Account
6.1 Term
This Agreement shall continue in full force until either:(i) You terminate your Account, or(ii) Wibl terminates your access to the Merchant Application or non-public portions of the Website, with or without notice (the “Term”).When this Agreement is terminated, you no longer have access to the Merchant Application or any other non-public portions of the Website.

6.2 Termination of account
For purpose of clarity, you are entitled to terminate your Wibl account at any time. Choose “Delete account” or any corresponding function in the Merchant Application and/or the Website, or contact Wibl. Wibl will then delete or anonymise any personal information that can be attributed to you, except for certain information that Wibl by law may have to save and archive.

7. Other
7.1 Force Majeure
Wibl shall not be liable to you for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control.

7.2 Changes or updates of the agreement
Wibl may change our update this Agreement from time to time, and any such change or update will be set in effect when posting the updated Agreement on the Website or within the Merchant Application.
When we make major changes to the Agreement, we will provide you with prior notice as appropriate under the circumstances, e.g., by displaying a notice within the Merchant Application, the Website or by sending an email. If you do not agree to the changed Agreement, you have the right to terminate your Account before the changed Agreement come into force.

7.3 Termination of service
Wibl reserves the right to modify, suspend, or discontinue the Merchant Application and the Website without any notice at any time and without any liability to you.

7.4 Miscellaneous
Unless otherwise specifically provided herein, each party shall pay its own costs and expenses in connection with this Agreement and its activities hereunder.
All disputes arising hereunder or in connection with this Agreement, the Website and/or the Merchant Application shall be resolved by the laws of Norway and the District Court of Oslo (sw. Oslo tingrætt), Norway. You hereby consent to exclusive jurisdiction of the District Court of Oslo and agree not to raise any defense of forum non conveniens or any similar defense. Wibl has the right to transfer its rights and obligations under this Agreement. Furthermore, Wibl has the right to hire subcontractors for the fulfillment of its obligations. In such cases is Wibl fully responsible for the work performed by the subcontractors.If any part of this Agreement is held to be unenforceable or invalid for any reason, said part will be changed and interpreted to best accomplish its original intent and objectives. Any remaining parts will continue in full force.