ONLY HALAL

Privacy Policy for Only Halal Restaurant

Exclusivity:

Unless the parties expressly agree otherwise, this Agreement is nonexclusive. In other words, the Restaurant Partner is free to partner with other delivery or ordering services and Only Halal may on-board other restaurants. If the parties do choose an exclusivity arrangement, that arrangement must be set out in writing. For example, one service’s terms explicitly state, “This Agreement is nonexclusive. Both Parties are independent contractors…”. Any exclusive arrangement (e.g. a commitment that the Restaurant will list only on Only Halal) must be clearly specified and agreed by both parties.

Intellectual Property and Brand Usage

  • License to Use Restaurant IP: The Restaurant Partner grants Only Halal a limited, royalty-free license to use the Restaurant’s trademarks, trade names, logos, menu names, and other proprietary content solely to display and promote the Restaurant’s offerings on the Only Halal platform. Only Halal may reproduce the Restaurant’s IP on the website, mobile apps, menus, marketing materials, or other platforms as needed for the operation of the services.

  • Ownership of Marks: Each party retains ownership of its intellectual property. Except for the licenses expressly granted, neither party acquires any ownership rights in the other party’s trademarks or copyrighted material. Use of Only Halal’s name and logo by the Restaurant is limited to marketing the partnership and must comply with Only Halal’s brand guidelines. Similarly, Only Halal shall not use the Restaurant’s trademarks beyond the scope of the license (e.g. it may not register or claim ownership of the Restaurant’s brand).

  • ThirdParty IP: The Restaurant represents that it has all necessary rights or licenses to any thirdparty content (images, logos, recipes, etc.) provided to Only Halal. If any of the Restaurant’s content is licensed from a third party, the Restaurant confirms it has obtained written permission allowing Only Halal to display that content on the platform. The Restaurant will indemnify Only Halal against any claims of IP infringement arising from the Restaurant’s content or logos.

    Data Ownership and Confidentiality

  • Data Ownership: All customer information, order data, and usage metrics collected by Only Halal through the platform (“Only Halal Data”) belong to Only Halal. The Restaurant may not claim any right to this aggregated or anonymized data beyond what is provided by Only Halal’s reporting. Conversely, the Restaurant owns any non-public data it supplies (e.g. its menu, pricing, recipes), subject to the license granted above.

  • Confidential Information: Each party may receive proprietary business information of the other (e.g. business plans, technical or financial data, trade secrets, customer lists, pricing, operational metrics). Such information is confidential and may only be used to perform obligations under this Agreement. Neither party will disclose it to outsiders or use it for any other purpose. For example, Only Halal’s terms define “Confidential Information” to include customer data, transaction volumes, marketing plans, and other non-public information. Similarly, the Restaurant’s order history and sales data provided to Only Halal are treated as confidential “Customer Data”.

  • Protection Measures: Both parties agree to take reasonable precautions (at least as stringent as they use for their own sensitive data) to prevent unauthorized disclosure. Confidentiality obligations survive termination of this Agreement (typically for several years or as required by law). Information already public or rightfully obtained independently is not considered confidential.

    Order Fulfillment and Packaging Standards

  • Timely Preparation: The Restaurant must prepare and pack accepted orders promptly. It will monitor the platform for incoming orders and begin cooking immediately upon receipt. Orders should be fulfilled according to the specifications provided by the platform (correct items, portions, recipes, etc.). If the Restaurant cannot fulfill an order as placed, it must notify Only Halal’s platform immediately and coordinate any modifications with the customer.

  • Food Quality and Safety: All food must be prepared in a clean, sanitary environment and comply with food safety laws. Only Halal expects the Restaurant to meet or exceed industry standards for food handling. Ingredients must be fresh and halal-certified, menus up-to-date (e.g. allergen and nutrition info provided where required), and any special customer instructions honored to the extent feasible. For example, Uber’s guidelines encourage merchants to respect customer allergy information and clearly label allergens on packaging.

  • Packaging Requirements: The Restaurant is responsible for packaging orders securely and appropriately. Packaging should maintain food temperature and prevent spills during delivery. Packaging must be clean, safe, and by Only Halal standards (for instance, Only Halal-branded bags or neutral packaging; no unauthorized third-party branding). To ensure tamperevidence and freshness, Only Halal may require sealed or tamper-evident packaging. In all cases, the Restaurant shall pack orders so that the contents match the confirmed order exactly and arrive in good condition (e.g., no contamination or degradation). For example, one service’s policy requires that each order be “appropriately packed and adequately fastened to avoid any spillage during transportation”.

  • Inventory Accuracy: The Restaurant must keep menu offerings current. It will remove or update any items that are unavailable or out of stock.

    Delivery and Timeliness Obligations

  • Ontime Delivery: Whether using its delivery staff or a third-party courier, the Restaurant is responsible for delivering orders within the promised timeframes. The Restaurant will assign qualified drivers and ensure they follow all safety protocols (e.g. only employed after background checks, not intoxicated). Delivery routes and schedules should minimize delays (for example, the Restaurant should factor in estimated travel time when preparing orders).

  • Order Status Updates: The Restaurant shall promptly update the platform when orders are ready for pickup. At order completion, the Restaurant will notify the Only Halal system that the order is ready, so that delivery can be dispatched immediately. The Restaurant will collect any required delivery information (such as customer contact or address confirmation) before handing it off.

  • Proof of Delivery: The Restaurant may be required to obtain and retain proof of delivery (e.g. a signed receipt or electronic confirmation) for a specified period. For example, one agreement requires restaurants to collect a signed receipt upon delivery and retain it for 60 days to resolve disputes. If a customer disputes payment, Only Halal may withhold payment until the Restaurant provides proof of delivery.

  • Order Accuracy: The Restaurant must fulfill orders exactly as placed. If an error is discovered (missing items, incorrect items, etc.), the Restaurant will correct it promptly at its own cost. The Restaurant will also accept cancellations or modifications through the platform’s process.

  • NonDiscrimination: The Restaurant agrees to accept and process orders fairly from all customers on the platform, without bias. It will not give preferential treatment to customers ordering directly rather than through Only Halal.

    Customer Support Expectations

  • Platform Support: Only Halal will provide customer support to both Restaurants and end customers during published support hours, via phone, email, or in-app messaging. Only Halal may also offer training or onboarding assistance to the Restaurant’s staff upon request.

  • Restaurant Support Duties: The Restaurant will cooperate with Only Halal in handling customer issues related to its orders. In particular, the Restaurant shall promptly respond to Only Halal’s inquiries and assist in resolving delivery problems or order disputes. If a customer complains to Only Halal about food quality, missing items, or other service issues, Only Halal will refer those complaints to the Restaurant, which must “promptly redress” them. For example, one platform requires the restaurant to address any customer complaints referred by the platform concerning food quality or delivery errors without delay.

  • Refunds and Credits: The Restaurant is responsible for handling refunds or credits for faulty orders. Only Halal may have policies for refunds (for example, if food is cold or wrong items are delivered); in such cases, Only Halal may debit the Restaurant’s account or require the Restaurant to compensate customers directly, depending on the fault. The Restaurant shall cooperate in any refund process and not discourage legitimate customer requests.

    Marketing and Promotions

  • Platform Promotions: Only Halal may offer marketing and promotional services (such as featured placement in the app, sponsored listings, email promotions, or discounted delivery campaigns) to the Restaurant, at Only Halal’s discretion. Participation in such programs is voluntary for the Restaurant and may require additional fees or cofunding arrangements. For example, one fooddelivery service allows restaurants to pay for “Top Listing” or “Featured Listing” in the app and explicitly reserves the right to add or cancel promotional services at its sole discretion. Only Halal will provide details of any promotional offerings, including any fees or terms, in advance.

  • Promotion Requirements: If the Restaurant participates in a cofunded promotion (such as sponsored delivery), it must adhere to the agreed conditions (e.g. minimum order size, dates, or geographic zones) and pay any agreed fees promptly. Only Halal will not guarantee outcomes of promotions. The Restaurant may cancel or opt out of a promotion as permitted under Only Halal’s policies, subject to any notice requirements.

  • Independent Marketing: The Restaurant may market its own services and Only Halal listing (for example, by telling customers they can order via Only Halal), but must not use Only Halal trademarks or logos in advertisements without Only Halal’s prior approval. Joint marketing initiatives (such as social media posts mentioning Only Halal) should follow Only Halal’s brand guidelines.

    Taxes and Compliance

  • Tax Obligations: The Restaurant is responsible for collecting and remitting all applicable taxes on its sales (e.g. sales or use taxes). Where required by law, Only Halal may add sales tax to customer orders or facilitate tax collection on the Restaurant’s behalf. Ultimately, the Restaurant must file and pay all income, sales, employment, and any other taxes due on amounts it receives. For instance, other platforms expressly place on the merchant the responsibility to remit any sales taxes “to the applicable government agencies” and to report income. Only Halal may provide periodic reports to help the Restaurant prepare tax filings but is not liable for the Restaurant’s tax obligations.

  • Legal Compliance: The Restaurant shall obtain and maintain all permits, licenses, or certifications required by law (e.g. health department permits, business licenses, alcohol permits if applicable, and Halal certification). The Restaurant must comply with all applicable laws and regulations, including food safety, labor, antibribery, data protection, and other standards. The Restaurant’s failure to comply (such as selling nonhalal items without disclosure, ignoring health code violations, or misstating ingredient information) will constitute a material breach.

  • Indemnity for Legal Violations: The Restaurant will indemnify Only Halal for any fines, penalties, or claims arising from the Restaurant’s noncompliance (including any misuse of Halal certification, or violation of labor and consumer protection laws). The Restaurant is solely responsible for recalling any orders required by law (e.g. allergen recall) and notifying Only Halal promptly.

    Term and Termination

  • Term: This Agreement commences on the Effective Date (the date the Restaurant’s account is activated or this Agreement is signed) and will remain in effect until terminated.

  • Termination for Convenience: Either party may terminate this Agreement without cause by giving the other party advance written notice (for example, 30 days notice, or as otherwise agreed). During the notice period, the Restaurant must continue to operate normally (unless otherwise agreed).

  • Termination for Cause: Either party may terminate immediately if the other party commits a material breach of this Agreement (for example, failure to pay fees, repeated food safety violations, or misuse of intellectual property). Only Halal may also terminate immediately if required by law or if the Restaurant engages in gross misconduct (e.g. selling non-halal food under the pretense of being halal, felony conviction, or any act that jeopardizes Only Halal’s reputation). Conversely, the Restaurant may terminate if Only Halal grossly violates the terms or laws.

  • Effects of Termination: Upon termination or expiration, the Restaurant shall immediately cease representing itself as affiliated with Only Halal (for example, removing Only Halal logos from its premises and marketing). Only Halal will de-list the Restaurant’s menu and shut down access to the platform. Fees already earned up to the effective date of termination are payable, but the Restaurant is not entitled to a refund of fees already paid. Neither party will be liable for future orders after termination. All rights and obligations that by their nature should survive termination will do so (such as confidentiality, indemnification, any post-term compensation disputes, and the Restaurant’s obligation to pay outstanding fees). As one service’s terms specify, upon termination the merchant “will return or destroy… all of the [Company’s] proprietary information in its possession” and certify the disposition of such materials.

  • Example Provisions: For instance, a sample agreement provides that either party may end the contract with ten days’ notice or immediately on the breach, and requires the merchant to cease using the platform’s materials and return confidential items after termination. Only Halal may similarly follow these or more stringent rules to ensure a clean offboarding.

    Suspension and Offboarding

  • Suspension: Only Halal may temporarily suspend the Restaurant’s account or access to the platform if the Restaurant is in breach of this Agreement or if there is a legal or safety concern. Causes for suspension may include health code violations, loss of Halal certification, misrepresentation of menu items, or any act that threatens customer safety. The Restaurant will be notified of a suspension and allowed to cure the issue within a reasonable time (if curable). During suspension, Only Halal will not accept new orders from the Restaurant until the issues are resolved. For example, one delivery platform explicitly reserves the right to suspend a restaurant’s account for noncompliance with food safety laws.

  • Reinstatement: If the Restaurant cures the cause of suspension (e.g. corrects a compliance issue, provides missing permits, or fixes system errors), Only Halal may reinstate the Restaurant’s account. A suspended Restaurant may also request reinstatement by demonstrating compliance.

  • Offboarding: After termination, Only Halal will complete an offboarding process. This includes deactivating the Restaurant’s listing on the platform, collecting any platform equipment or materials if provided (e.g. tablets, branded items), and settling final payments. Only Halal will stop displaying the Restaurant’s menu and name in the app or website. The Restaurant will remove any Only Halal signage or branding from its venue and vehicles. Both parties will honor any customer commitments in process at termination (for example, completing any orders already accepted before termination).

    Indemnification and Insurance

    Restaurant Indemnity:
    The Restaurant Partner shall defend, indemnify, and hold harmless Only Halal and its affiliates (and their officers, employees, and agents) from any losses, claims, damages, or liabilities (including legal fees) arising out of:

  • (a) any injury, illness, or damage to persons or property caused by food or products prepared by the Restaurant (e.g. food poisoning, allergies, or contamination).

  • (b) the Restaurant’s noncompliance with laws (such as tax, health, labor, or licensing laws).

  • (c) any claim that the Restaurant’s business (including its menus and operations) infringes a third party’s intellectual property or violates any law.

  • (d) any act or omission of the Restaurant’s employees, agents, or subcontractors (including delivery staff) in performing this Agreement.

  • (e) any breach of this Agreement by the Restaurant (for example, refusing to honor a valid refund).

  • For example, another platform’s terms specify that the restaurant must indemnify the company against claims relating to taxes on sales, food safety, fulfillment of orders, or any breach of the agreement. The Restaurant may not settle any indemnifiable claim on behalf of Only Halal without Only Halal’s consent.

  • Only Halal Indemnity: Only Halal shall indemnify the Restaurant for claims resulting from Only Halal’s gross negligence or willful misconduct in providing the platform services, including any breach of Only Halal’s warranties in this Agreement. For instance, if Only Halal’s software defects cause a direct loss to the Restaurant, Only Halal would cover that loss (subject to any caps). Only Halal is not responsible for the restaurant’s compliance or quality obligations.

  • Notice and Defense: The indemnified party will give prompt written notice of any claim requiring indemnity. The indemnifying party has the right to defend the claim with counsel of its choice; the indemnified party shall reasonably cooperate.

  • Insurance: The Restaurant shall maintain adequate insurance coverage at its own expense. This must include, at minimum, commercial general liability and product liability insurance (sometimes referred to as food liability insurance) with combined single limits of not less than $1,000,000 per occurrence (or equivalent). If the Restaurant has delivery employees, it should also carry automobile insurance for delivery vehicles and workers’ compensation or occupational accident insurance as required by law. Only Halal may require certificates of insurance upon request. Only Halal will maintain its liability insurance for the platform.

    Non-Solicitation

    During the term of this Agreement and for twelve (12) months after its termination, neither party shall directly or indirectly solicit or hire the other party’s employees, contractors, or couriers, or induce them to terminate their relationship. In particular, the Restaurant will not recruit Only Halal’s delivery drivers or customer service personnel, and Only Halal will not solicit the Restaurant’s staff or chefs. Nor will either party attempt to divert business from the other; for example, the Restaurant will not sell to Only Halal’s customers outside the platform. This restriction aims to protect both parties’ workforces and customer relationships.

    Force Majeure

    Neither party will be liable for any delay or failure in the performance of its obligations under this Agreement caused by events beyond its reasonable control (“Force Majeure Events”), such as natural disasters (floods, earthquakes, fire), governmental actions or orders, war, terrorism, strikes, epidemics/pandemics, or other “acts of God”. The affected party must promptly notify the other and use reasonable efforts to resume performance as soon as practicable. For example, a common force majeure clause states that any delay or failure to perform “shall be excused if and to the extent such delay or failure is caused by a Force Majeure Event,” with a notice obligation to the other party. Once the event has abated, the party’s obligations under the Agreement will continue. If a Force Majeure Event persists for an extended period, either party may have the right to terminate the Agreement on notice.

    Amendments and Notices

  • Amendments: This Agreement may only be amended or modified by a written instrument signed by both Only Halal and the Restaurant. Any change communicated by Only Halal (for example, in updated online terms) requires the Restaurant’s affirmative consent to become effective. Verbal agreements or course of conduct will not amend this contract. For instance, one platform’s policy states that no changes are effective “unless in writing and signed by both parties”.

  • Notices: All legal notices or communications under this Agreement must be in writing. Notices to Only Halal should be sent to the address or email provided in the onboarding form (and vice versa for the Restaurant). Notice is deemed effective upon delivery or after a set period if sent by reliable means. For example, a sample clause provides that notices delivered by hand are effective on receipt, notices sent by overnight courier are effective three days after dispatch, and notices by email are effective upon sending to the designated address. Each party must promptly update the other if its contact information changes.

    Entire Agreement and Severability

    This Agreement, together with any schedules and the initial Enrollment Form, constitutes the entire understanding between Only Halal and the Restaurant Partner regarding the subject matter and supersedes all prior agreements, representations, or communications. Any amendments must be in writing as noted above. If any clause or provision of this Agreement is held invalid or unenforceable by a court, the remaining provisions will remain in full force and effect. The parties will replace the invalid provision with a lawful one that most closely reflects the original intent. No waiver of any breach will be deemed a waiver of any other or future breach.