1. Parties and relationship
This Merchant Partner Agreement governs the relationship between Waly Market and a participating restaurant, grocery store, international market, retail store, or other approved merchant that uses Waly Market to offer products to customers. The merchant remains an independent business and is responsible for its own operations, personnel, taxes, permits, licenses, products, and legal compliance.
2. Waly Market services
Waly Market may provide marketplace listing, ordering, payment facilitation, customer support tools, pickup functionality, delivery coordination, promotions, reporting, and related services. Available services may vary by merchant, location, category, and plan.
3. Merchant profile and listings
The merchant must provide accurate business information, operating hours, prices, product descriptions, availability, preparation information, tax information, and other information reasonably necessary to operate the marketplace. The merchant is responsible for maintaining accurate listings and promptly correcting material errors.
4. Fulfillment options
Waly Market may support pickup, delivery, or both on a per-store basis. The merchant must honor the fulfillment options enabled for its location and provide reasonable preparation and pickup information.
5. Orders
The merchant is responsible for accepting, preparing, assembling, packaging, and making accepted orders available in a safe and timely manner. The merchant must promptly communicate unavailable items, substitutions, delays, closures, or other material fulfillment problems through available Waly Market tools.
6. Prices, commissions, and fees
Merchant fees are governed by the applicable fee schedule, plan, and any jurisdiction-specific addendum. NYC restaurant fees are subject to the NYC Restaurant Addendum. Waly Market may not charge fees that exceed applicable legal limits.
7. Payments and payouts
Waly Market may collect customer payments and arrange merchant payouts through a payment provider. Payouts may be adjusted for refunds, chargebacks, credits, taxes, fees, fraud, or other authorized adjustments. Additional details are provided in the Merchant Payout Policy.
8. Customer data
Customer information received through Waly Market may be used only for legitimate order fulfillment, customer service related to the order, legal compliance, and other purposes expressly permitted by Waly Market and applicable law. The merchant may not sell, misuse, or use customer information for unauthorized marketing.
9. Food and product safety
The merchant is solely responsible for lawful sourcing, preparation, storage, labeling, allergen information, packaging, recalls, and product safety obligations applicable to its products.
10. Prohibited products
The merchant may not list products prohibited by law or the Waly Market Merchant Prohibited Items Policy.
11. Intellectual property
The merchant grants Waly Market a nonexclusive license to use the merchant's name, logos, product information, menus, catalog information, and approved images as reasonably necessary to list, promote, and operate the merchant on Waly Market. The merchant represents that it has the rights needed to provide those materials.
12. Records and cooperation
The merchant must provide information reasonably necessary for Waly Market to comply with licensing, tax, payment, safety, regulatory, and recordkeeping obligations.
13. Suspension and termination
Waly Market may suspend or terminate a merchant for safety issues, fraud, unlawful conduct, material agreement violations, repeated order failures, expired required licenses, prohibited products, customer harm, or other legitimate marketplace reasons. Merchant closure and data retention are further described in the applicable policy.
14. Governing terms
Jurisdiction-specific addenda form part of this Agreement when applicable. If a jurisdiction-specific addendum conflicts with this Agreement, the addendum controls for the covered subject and jurisdiction.
15. Contact
Merchant questions may be sent to help@walymarket.com.