1. Scope
This Addendum applies to food service establishments in New York City that are listed on Waly Market and is incorporated into the Merchant Partner Agreement for those restaurants.
3. Fee limits
Fees charged to NYC restaurants must comply with applicable NYC limits. Subject to limited legal exceptions, delivery fees are capped at 15% of the purchase price of each online order, basic service fees at 5%, electronic transaction fees at 3%, and enhanced service fees at 20%. Waly Market will structure and itemize fees according to applicable law and the restaurant's selected plan.
4. Bathroom access
The restaurant agrees to allow delivery workers who are picking up orders to use the restaurant's bathroom as required by NYC law, subject to applicable health and safety exceptions.
5. Customer information
When a NYC restaurant makes a qualifying request for customer data, Waly Market may provide the customer's name, telephone number, email address, delivery address associated with the online order, and order contents unless the customer has opted out. The restaurant must use such information only as permitted by law and Waly Market policies.
6. Telephone numbers
If Waly Market lists or links to a restaurant telephone number, the restaurant's direct telephone number must be included. Any additional third-party telephone number must be clearly identified, and applicable telephone-order fees must be disclosed.
7. No charge for failed phone orders
Waly Market will not charge the restaurant for a telephone order that does not result in a transaction as prohibited by NYC law.
8. Indemnification limitation
Nothing in the Merchant Partner Agreement requires the restaurant to indemnify Waly Market or a contractor or agent acting on Waly Market's behalf for damage or harm occurring after food has left the restaurant where such a requirement is prohibited by NYC law.
9. Records
Waly Market may maintain restaurant agreements, restaurant rosters, itemized fee records, and other records required by NYC law.