Merchant Terms

1. About these terms

1.1 These Merchant Terms are an agreement between BlinkFix Ltd, a company registered in England and Wales (company no. 13505930), registered office 27 Old Gloucester Street, London WC1N 3AX, United Kingdom ("BlinkFix", "we"), and the business that creates or runs an establishment on BlinkFix ("you", the "Merchant").

1.2 An "establishment" is a restaurant, food truck, local (home) cook or shop listed on BlinkFix. You accept these terms when you create an establishment in the BlinkFix app, on blinkfix.me or through the AI assistant, by ticking the box. We record the date and version you accepted. If you act for a company or partnership, you confirm you are authorised to bind it.

1.3 These terms apply together with the Terms of Service, the Community Guidelines, the Subscriptions and Credits Terms (for plans and tablet licences), the Refund and Cancellation Policy and the Privacy Policy. If they conflict, these Merchant Terms take priority for your establishment. If your establishment belongs to a chain on BlinkFix Enterprise, the chain's agreement with BlinkFix does not change your obligations to customers under these terms.

1.4 You act as a business, not as a consumer, when you use BlinkFix to sell. Local cooks who sell regularly are also businesses for this purpose and must follow the rules that apply to food businesses.

2. What BlinkFix does and does not do

2.1 BlinkFix provides an online marketplace and tools: a listing, menus or product lists, ordering and table bookings, payments, the Establishment panel (on staff phones and on Establishment tablets), staff tools, promotions and adverts, purchases from suppliers, delivery companies, integrations and reports.

2.2 The contract for food and products is between you and the customer. You are the seller. BlinkFix is not the seller, does not prepare, store or deliver food, and is not a carrier. If you offer delivery, you deliver either with your own staff (for example drivers you add as staff) or through an independent delivery company (see 2.4). Either way, you stay responsible to the customer for the order, including its delivery.

2.3 BlinkFix acts as your commercial agent for receiving card payments. When a customer pays by card, Apple Pay or Google Pay, payment to Stripe on our platform counts as payment to you, and the customer's debt to you for the order, including the delivery charge, is settled at that moment. Where a delivery company delivers, BlinkFix receives the delivery charge as your agent and pays it on to the company for you (see 6.8).

2.4 Delivery companies. If you switch on "Use our drivers" for your establishment (it is off until you switch it on), a customer who orders delivery may choose an independent delivery company that covers your establishment and the customer's address, or BlinkFix chooses one ("Automatic"). Your own drivers stay an option. A delivery company is a separate business with its own drivers; it is not your employee and not BlinkFix's, and its agreement with BlinkFix is the Fleet Terms. You can switch "Use our drivers" off at any time; deliveries already agreed are finished. You pay no fee for a delivery company's work: it is paid out of the delivery charge the customer pays (see 6.8).

2.5 Buying from suppliers. In Work › More you can buy from suppliers that BlinkFix has approved: the Supplies shop (stickers and signs, packaging, napkins, cutlery and stationery), Fresh food and Wholesale. You can also order printed table codes. Only the owner, or a manager with the Orders permission, can buy. These purchases are for your business. You pay BlinkFix once for the whole basket. BlinkFix sells you the goods and is responsible to you for the order; the supplier prepares and ships them for BlinkFix. For some local orders a delivery company brings the goods, and its price is added to your basket as a separate line. Section 6.9 sets out the payment.

3. Your obligations

3.1 Law and licences. You must hold, and keep up to date, every registration and licence your business needs, including:

• food business registration with your local authority (in the UK, at least 28 days before you start trading) or the equivalent where you trade, and a food hygiene rating where applicable;
• a premises licence and personal licence (or the local equivalent) if you sell alcohol;
• any street-trading or pitch permit for a food truck;
• tax registrations (including VAT where you are over the threshold).

We may ask for evidence at any time and suspend an establishment that cannot show it. A local cook establishment cannot be opened where the law does not allow home-cooked food to be sold; where the law allows it on conditions, you must meet them.

3.2 Food safety. You are solely responsible for the safety, quality, hygiene, temperature control, packaging and labelling of what you sell, and for following food law (in the UK, the Food Safety Act 1990 and food hygiene regulations; in the EU, Regulation (EC) 178/2002 and 852/2004), including for home kitchens.

3.3 Allergens. You must give accurate information about the 14 major allergens (celery, cereals containing gluten, crustaceans, eggs, fish, lupin, milk, molluscs, mustard, tree nuts, peanuts, sesame, soya and sulphites) for every dish and product, in the allergen fields of your menu, and keep it up to date whenever a recipe or supplier changes. Pre-packed-for-direct-sale food must be labelled as the law requires (in the UK, "Natasha's Law"). You must answer customers' allergen questions and refuse an order you cannot make safely. BlinkFix shows your information as you give it and does not check it.

3.4 Alcohol and age-restricted products. You may only list alcohol and other age-restricted products if you are licensed to sell them, mark them as age-restricted, and check ID on hand-over (or on delivery). You must refuse to hand them over to anyone who is under 18, or who cannot show valid ID, or who appears to be buying for a minor, and you must follow licensing hours and conditions.

3.5 Accurate listings. Your name, address, opening hours, photos, descriptions, prices, delivery areas and charges, and whether you are open for orders must be accurate and lawful. Photos must show the food you actually sell. You must not list anything prohibited by our Community Guidelines, such as weapons, drugs, tobacco or vaping products, or counterfeit goods.

3.6 Prices. You set your own prices and any delivery charge. Prices must include VAT where it applies. If a customer's order goes to a delivery company, the delivery charge you set for that distance is the price offered to the company. The company can accept it or ask for a higher price; only the customer can accept a higher price, and the customer, not you, pays the difference. A higher price is never more than the company's own price list for that delivery plus 30%. You must not charge customers more for ordering through BlinkFix than you tell them in the app, and you must not add undisclosed charges when handing over an order.

3.7 Orders. You must accept or reject orders promptly, prepare them as described, keep to the collection or delivery time you give, and tell the customer through BlinkFix if anything changes. Cancel through BlinkFix if you cannot fulfil an order, so the customer is refunded.

3.8 Consumer law. You must comply with the consumer law that applies to your sales (in the UK, the Consumer Rights Act 2015 and the Digital Markets, Competition and Consumers Act 2024). You are responsible for dealing with customers' complaints about your food and products and for the remedies the law gives them, working with BlinkFix's dispute process described in the Refund and Cancellation Policy.

3.9 Receipts and tax. You must issue the fiscal receipt or VAT invoice that the law of your country requires for your sales (for example a fiscal receipt in Poland), including a full VAT invoice where a business customer asks for one or the amount requires it. You issue it from your own till or invoicing system, or through the fiscal connection you set up in BlinkFix (see 3.9A). BlinkFix gives customers a receipt of their payment, which confirms the payment BlinkFix took in your name and on your behalf and is not a fiscal receipt. BlinkFix also shows you the order details to ring up on your till, and invoices you for our fees. Keep your legal name, address and tax registration number up to date in your establishment's settings. You are responsible for your own taxes on your sales.

3.9A Fiscal connection in BlinkFix. In your establishment's place settings (Fiscal receipts) the owner can connect the way your establishment issues its fiscal receipts, as far as BlinkFix offers it for your country: a fiscal printer connected to your Establishment tablet, a vendor's certified software register, a cloud fiscal service, or an e-invoicing service. Only the owner can set up, change or remove the connection. If you connect one:

(a) You stay the issuer. The fiscal receipt is yours, issued in your name, on your register or under your registration. You choose and keep your device, software or provider account, register it with your tax office where your law requires it, and keep its details in BlinkFix correct. Passwords and keys you give us are kept as secrets and are never shown back.

(b) When a sale is sent. Where the rule of your country records every sale (a fiscal receipt for each sale), BlinkFix sends each sale to your connection when you collect the money: when a card payment through BlinkFix succeeds, or when a payment in cash or on your own card terminal is recorded as received by you (for example when your staff mark the order as paid). Where the rule asks for a document only in some cases (an invoice when the customer asks for one, or an e-invoice for a sale to a business), BlinkFix does not send every sale: it sends a sale only where it offers that document for your country and the case arises, and otherwise you issue the document yourself. Sales made before you connected, or before the rule of your country applies, are not sent: you issue their receipts yourself.

(c) What is on it. The fiscal receipt shows the items and charges of the order at the prices the customer paid, with the VAT of each rate and how the customer paid. Tips are never on it: they are not your sales. BlinkFix's service fee is BlinkFix's own sale and is on BlinkFix's invoice to the customer, not on your register.

(d) Cancellations and refunds. When an order is cancelled after it was paid, or you refund it, BlinkFix sends the correction document that your country's rules ask for. A refund that BlinkFix pays from its own money does not change your sale, so it is not corrected on your register.

(e) Ways of paying a country does not record. Where the rule of your country does not record a way of paying (in Czechia, a card payment made remotely through BlinkFix), BlinkFix sends no fiscal receipt for it.

(f) Daily and monthly reports. Where your country asks for a daily or monthly fiscal report, BlinkFix asks your connection for it at the end of the day or month. You remain responsible for the report being made and kept.

(g) When a receipt fails. BlinkFix tries a fiscal receipt that could not be issued again and tells the owner. If it still fails, you must issue the receipt another way within the time your law allows.

(h) Test mode. While BlinkFix runs your country in test mode (the app says so), BlinkFix marks every fiscal number your connection returns as a test and shows none to your customers, and it uses a cloud fiscal service only in that provider's test environment. Whether your fiscal printer, register software or provider counted a receipt as a real fiscal one depends on its own setup, which BlinkFix does not confirm: check it with your provider, and make sure each sale is fiscalised once, neither missed nor twice.

(i) Our responsibility. BlinkFix sends your sales as this section says and as you set the connection up. The connection is not tax advice: ask a local tax adviser what your establishment needs. Subject to 12.1 and 12.3, BlinkFix is not responsible for a fine or tax that follows from settings you gave, from your device, software, provider or tax system being unavailable, or from a receipt you did not issue after BlinkFix told you it had failed.

3.10 Staff. When you add staff (chefs, waiters, drivers, managers), you decide what they can do and you are responsible for them, for their employment status, pay and working-time records, and for telling them how their data is used in BlinkFix. You are the controller of the staff data you enter (see section 11).

4. Trader information and tax reporting

4.1 Trader information (EU Digital Services Act). If you sell to customers in the European Union, you must give us, before you start, your legal name, address, phone number, email address, an identification document or the details of your trade register entry and number, the self-certification that you only offer products and services that comply with EU law, and, where you have one, your payout account details. Stripe collects most of these during payout onboarding; we may ask for the rest.

4.2 We make reasonable efforts to check this information, may suspend your establishment until it is complete and correct, and show customers your name, address, phone and email and trade register details on your establishment's page as the law requires.

4.3 Tax reporting of platform sellers. Where the law requires it (in the EU, Council Directive (EU) 2021/514, known as DAC7, and in the UK the Platform Operators (Due Diligence and Reporting Requirements) Regulations 2023), BlinkFix collects and checks information about you and your sales and reports it to the tax authority once a year: your name and address, your date of birth if you are an individual, your tax identification number, VAT number and company registration number, the bank account we pay, and, for each quarter, what you were paid through BlinkFix, the number of sales and the fees BlinkFix charged. We give you a copy of what we report about you. If you do not give us information we must collect after we have reminded you, we may hold back your payouts or close your establishment, as those rules require.

5. Fees

5.1 Commission and the fee on orders paid at the establishment. On every order paid through BlinkFix (by card, Apple Pay or Google Pay), BlinkFix charges a commission of 4% of the order value: the whole amount of the order, including packaging and your own delivery charges, after any discount you fund. The one exception is a delivery charge that goes to a delivery company: it is not yours, so it carries no commission (see 6.8). When your own driver delivers instead, or the company's agreed price is lower than the delivery charge the customer paid, you receive that charge (or the difference) when the order is finished, less the 4% commission. In a country where the law makes BlinkFix the seller of the food for VAT or sales tax, so that BlinkFix charges the customer that tax and pays it over itself ("marketplace VAT"; we tell you before this starts for your establishment), the commission is calculated on that value without the VAT or sales tax that BlinkFix collects: BlinkFix never takes commission on tax it collects itself. Marketplace VAT changes only who accounts for the tax; in every other respect you remain the seller of your food (see 2.2). On an order placed through BlinkFix that the customer pays to you directly, in cash or on your own card terminal ("paid at the establishment"), BlinkFix charges 1% of the order total instead (see 6.3); the customer pays the service fee on it too (see 5.3). Tips and the customer service fee are not subject to commission or to the 1% fee.

5.2 Plan fee and tablet licences. Each establishment needs a monthly plan. The current prices are shown before you choose a plan and are, at the date of these terms: Local cook £5, Restaurant £12, Food truck £10 and Shop £10 per month (or the equivalent shown in your currency), plus VAT where it applies. A new establishment may get a free trial of the length shown when you create it. Plans are bought in the app through Apple or Google, or on the website by card through Stripe; the Subscriptions and Credits Terms apply. The Student plan gives one Local Cook establishment free of charge; see the Student Plan Terms. If an establishment's plan is not paid, it is hidden from customers and its staff cannot use it until it is paid; the owner or a manager can extend it once for 7 days in each unpaid period (section 8 of the Subscriptions and Credits Terms). Your first Establishment tablet is free; each extra tablet licence costs £10 per month (or the equivalent shown in your currency), with no free trial. If a head office pays for your establishment on BlinkFix Enterprise, BlinkFix does not charge you for the establishment's own plan while that lasts (section 8.3 of the Subscriptions and Credits Terms).

5.3 Customer service fee. On every order, however the customer pays, BlinkFix charges customers a service fee of 8% of the order value plus £0.50 per order (or the equivalent shown in the customer's currency). It is shown to customers as “Service fee” before they pay and belongs to BlinkFix. It is not part of your revenue and you must not add it to, or remove it from, your prices. On an order paid at the establishment you collect it from the customer with the order total, as BlinkFix's collection agent, and it is added to what you owe BlinkFix (see 6.3). BlinkFix invoices the customer for it, so on our invoices to you it is a separate line with no VAT. You must not charge customers any other fee in BlinkFix's name.

5.4 Promotions and adverts. If you buy promotions or adverts, you pay for clicks at the rate shown before you top up your budget. Watching an advert, reel or story is never charged: a click is charged only when it leads to a finished order. If, within 14 days after the order is finished, that order is refunded in full, the customer reports a problem with it, or a chargeback on it is lost, the clicks charged for it go back to your budget. Unused budget is handled as described when you buy it.

5.5 Invoices and VAT. We invoice you for the commission, the fee on orders paid at the establishment, plan fees, tablet licences, adverts, and the service fee on your purchases from suppliers (see 6.9). BlinkFix's 10% of a delivery company's price is invoiced to the delivery company, never to you. The commission and the fee on orders paid at the establishment include any VAT on BlinkFix's service: nothing is added on top of them, and our invoice shows any VAT they contain (or, where you gave us a valid VAT number and the reverse charge applies, that no VAT is charged). In a country where BlinkFix collects the local VAT as the seller of the food (marketplace VAT, see 5.1), VAT is added on top of the commission and of the fee on orders paid at the establishment on those orders as the law there requires, and taken with them; no VAT is added where the reverse charge applies, and in Switzerland no VAT is added to the commission or that fee, because the law there treats them as part of BlinkFix's own sale. Our other fees, such as plan fees and adverts, are shown excluding VAT; VAT or other taxes are added where the law requires, and not where the reverse charge applies.

5.6 Changes to fees. We may change our fees by giving you at least 30 days' notice by email and in the app. If you do not agree, you may close your establishment before the change applies. Changes never apply to orders already placed.

5.7 Stickers. We ask every establishment to show the BlinkFix stickers on its window and at its till, and to send a photo of them in the app or on blinkfix.me. We check the photo and tell you if we need another, and we may remind you. Not showing the stickers has no other consequence under these terms.

6. Payments and payouts (Stripe Connect)

6.1 Stripe. Card payments are processed by Stripe. To receive card payments you must open a Stripe Connect account through BlinkFix and accept the Stripe Connected Account Agreement, which includes the Stripe Services Agreement. Stripe verifies your identity (know-your-customer checks) and pays out to your bank account on Stripe's payout schedule. You authorise BlinkFix to share information about you and your transactions with Stripe, and to instruct Stripe on your behalf as described in these terms.

6.2 Card orders. For a card order, Stripe collects the full amount the customer pays. From it, BlinkFix receives the customer service fee and our commission. Where "Use our drivers" is on, BlinkFix also holds the delivery charge until it is known who delivers (see 6.8), except where BlinkFix collects marketplace VAT (see 5.1) and prices exclude tax: then nothing is held. The rest is transferred to your Stripe account. Stripe's own processing costs for card orders are borne by BlinkFix out of the service fee unless we tell you otherwise in advance.

6.3 Orders paid at the establishment. Where you accept payment at the establishment (in cash or on your own card terminal, including payment to your own driver or to a delivery company's driver on delivery), the customer pays you the order total and the BlinkFix service fee (see 5.3), which you collect on BlinkFix's behalf. When a delivery company's driver collects the cash, the driver keeps the company's delivery price out of it and hands the rest to you; BlinkFix charges its 10% of the delivery price to the company, not to you. The service fee and BlinkFix's 1% fee on the order (see 5.1) are then owed to BlinkFix, and you authorise us to collect them as follows: (a) we deduct it from your next card payouts; (b) on the 1st of each month, what is still owed may be debited from the available balance of your Stripe account, where Stripe allows this for your account's country and we have switched it on (this clause is your authorisation for that debit); (c) whatever is still owed after that, we ask you to pay, with a payment request by email and notification, and you pay it by card in the app or on the website (Work → Sales). You can also pay what is owed there at any time. Tips are never used to pay it. If an order paid at the establishment is cancelled before it is paid, nothing is owed for it: its 1% fee and its service fee are cancelled. If an order you accepted is refunded in full, you give the customer back the service fee too and it is no longer owed; the 1% fee stays owed (see 6.5). A part refund does not change what is owed. Amounts still owed under the earlier rules for cash orders (the 4% commission) are collected in the same way. If an amount stays unpaid for 30 days after we ask, we may stop orders paid at the establishment or suspend the establishment until it is paid. Cash orders are shown in your wallet as records; they are not part of your wallet's balance.

6.4 Tips. Customers may tip. A tip goes to the person the customer chooses, never to the establishment's own account. The tip service fee is 5% of the tip, taken out of the tip. The person receives the rest in their own BlinkFix wallet; this includes an owner who works alone and a manager who did the work of a role on the order. Every tip is held for 7 days after the customer pays it; if the order is refunded, in full or in part, before the tip is paid out, the whole tip goes back to the customer's card and the person is not paid it. You must not keep tips meant for your staff, and must follow the law on tips (in the UK, the Employment (Allocation of Tips) Act 2023).

6.5 Refunds and chargebacks. If an order is refunded because of something you are responsible for (for example a missing, wrong, damaged or out-of-date item, food or products not as described, or an order you cancelled), you carry the cost of the refund: the whole refunded amount is taken back from your payout for that order by reversing the transfer to your Stripe account, and whatever that does not cover is added to what you owe BlinkFix and collected as described in 6.3. BlinkFix keeps its commission on the sale, and on an order paid at the establishment its 1% fee stays owed, and so does the service fee you collected unless the whole order is refunded (see 6.3). The customer service fee is BlinkFix's: on an order paid through BlinkFix it is given back by BlinkFix, only when the whole order is refunded because it never arrived or was cancelled (except as 6.8 says for an order a delivery company has accepted); on an order paid at the establishment you give it back with a full refund, and it is then no longer owed. BlinkFix does not charge you for refunds caused by our own error (for example a wrong charge by our payment system or a fault in the app): BlinkFix pays those itself and nothing is taken from you. A refund that BlinkFix's staff make on a card order from BlinkFix's own tools is paid for in the same way as a refund you make yourself, unless it is for BlinkFix's own error, which BlinkFix decides as a complaint under 7.3 and pays. For an order that a delivery company has accepted, 6.8 also applies.

If a customer's bank reverses a card payment (a "chargeback"), card-network rules apply and BlinkFix handles the dispute with Stripe, with the evidence we hold and what you send us:

• You bear a chargeback about your food, products or service: for example when the customer says the order never arrived or was not handed over, items were missing or wrong, the food or products were not as described or of poor quality, or you cancelled the order without a refund.
• BlinkFix bears a chargeback for fraud or an unauthorised payment (for example a stolen card, or "I didn't make this payment"), including on a payment without the liability shift of 3D Secure authentication (where 3D Secure moved the liability for fraud to the card issuer, the issuer bears it), and a chargeback caused by BlinkFix's own error (for example a payment our system took twice, an error in the app or in the price we charged, or the customer service fee).
• What you pay. For a lost chargeback that you bear, except on an order in 6.8(g), we take back at most your share of that payment, meaning your payout for that order (including any amount you owed BlinkFix that was set off against it), and never BlinkFix's commission or the customer service fee. Anything you already refunded to the customer for that order is deducted, so you are never charged twice for the same money. You also pay Stripe's actual dispute fee for that payment, in the order's currency and without any mark-up (at the date of these terms £20, €20, CHF 20, US$15, CA$15 or AED 60). In a country where BlinkFix is the seller for VAT (see 5.1), the VAT part of a lost chargeback is BlinkFix's, not yours.
• When the money is taken. While a dispute is open, BlinkFix carries the disputed amount and nothing is taken from you. Unpaid tips on that order are held until the bank decides: if the dispute is lost, an unpaid tip goes back to the customer; if it is decided in your favour, the tip is paid on the later of its seventh day and the decision. Recipe earnings on that order are held as the Creator Royalty Terms say. Only if the dispute is lost do we take your share and the fee, by reversing the transfer for that order; whatever that does not cover is added to what you owe BlinkFix and collected as described in 6.3. If the dispute is decided in your favour, you pay nothing, and anything already taken for it is given back.
• Evidence. We tell you about each chargeback by email and in the app (Work → Chargebacks): the reason the bank gives, the amount and the date your evidence is due. You must send your evidence (notes and photos, in the app) within 5 days of our notice. Card networks allow 7 to 21 days to answer a dispute, so this leaves us time to submit it. We send the bank the order details we hold (for example the items, the times and the hand-over or delivery confirmation) together with what you send, and we tell you the outcome. You can complain about a decision under 14.2.

Orders paid at the establishment are not card payments through BlinkFix, so chargebacks do not apply to them. A high rate of chargebacks may lead to the measures in 10.2.

6.6 Set-off. We may deduct any amount you owe BlinkFix under these terms from amounts we would otherwise transfer to you.

6.7 Currency. Payouts are in your establishment's currency. Where we show converted amounts, we use the European Central Bank reference rates; the charged currency is always stated.

6.8 Orders delivered by a delivery company. This clause applies, together with 6.2 to 6.5, to an order paid through BlinkFix at an establishment where "Use our drivers" is on and BlinkFix holds the delivery charge (see 6.2). If a delivery company delivers an order on which BlinkFix held no delivery charge, BlinkFix decides case by case how the company is paid for it and tells you and the company.

(a) One payment. The customer pays one total by card, Apple Pay or Google Pay. You are paid the food and packaging part, less the 4% commission, as for any card order. BlinkFix holds the delivery charge.

(b) The delivery company. When the company hands the order over, BlinkFix credits it with its agreed delivery price less BlinkFix's 10%. BlinkFix charges the 10% to the company, never to you. Nothing is taken from your Stripe balance or your bank account to pay the delivery company; only the delivery part of a refund, a lost chargeback or a company's share that you fund under (f), (g) or (i) is collected from you, as 6.5 and 6.3 describe.

(c) Your own driver, or a lower price. If your own driver delivers, or the company's agreed price is lower than the delivery charge the customer paid, BlinkFix pays you the delivery charge (or the difference) when the order is finished, less the 4% commission.

(d) Hand-over without the code. If a driver hands an order over without the customer's delivery code, you are told, and the company's share is held for 24 hours before it is paid out, so that a delivery that did not happen can be reported.

(e) Before a company accepts the delivery. If the order is cancelled or refunded in full before a delivery company accepts the delivery, the delivery charge goes back to the customer from what BlinkFix holds, and you bear nothing for it.

(f) After a company has accepted the delivery. From then on, the company's share and BlinkFix's 10% are kept for the delivery and are not refundable, in the same way as BlinkFix's other fees. A refund for something you are responsible for, full or part, including any part that gives the customer the delivery charge back, is paid out of your part of the order as described in 6.5; on a full refund this includes the customer's service fee, which BlinkFix does not give back from its own money on such an order. (h) is the one exception. If the delivery then does not take place, what you paid towards the delivery charge comes back to you, less the 4% commission. This applies even where the delivery company caused the problem: you can take that up with the company yourself, and BlinkFix may share the evidence it holds. A refund caused by BlinkFix's own error is still paid by BlinkFix (see 6.5).

(g) Chargebacks. On an order a delivery company has handed over, a lost chargeback that you bear under 6.5 is borne by you for the whole disputed amount, not only your share, because the company's share and BlinkFix's 10% do not come back. We reverse the transfer for that order as far as it goes; what that does not cover, with Stripe's dispute fee, is added to what you owe BlinkFix and collected as described in 6.3. On an order a company accepted but did not hand over, the ordinary rule of 6.5 applies. A chargeback that BlinkFix bears under 6.5, for example for fraud, stays BlinkFix's whoever delivered.

(h) An order that never arrived. If an order is refunded in full through a complaint that it never arrived (7.3) while the company's driver still has it, the delivery charge goes back to the customer out of what BlinkFix holds, and you do not fund the delivery charge or the customer's service fee for it.

(i) A hand-over after a refund. Once an order has been refunded in full, the driver can no longer hand it over: the delivery is closed and the company is not paid for it. If a company is nevertheless credited for an order after a refund gave its delivery charge back to the customer, whoever funded that refund bears the company's share: you, if you funded it (the share is added to what you owe BlinkFix), or BlinkFix, if BlinkFix did.

6.9 Purchases from suppliers.

(a) Payment. You pay BlinkFix the whole basket in one payment, by card, Apple Pay or Google Pay. It is not an in-app purchase in the App Store or Google Play.

(b) Service fee. On every purchase from a supplier, including printed table codes, you pay BlinkFix a service fee of 8% of the purchase value plus £0.50 (or the equivalent in your currency, converted at the European Central Bank reference rate on the day). The purchase value is the goods plus any delivery line. The fee is shown as "Service fee" before you pay and is part of the total.

(c) Delivery lines. For some local orders a delivery company brings the goods. Its price is shown as a separate line. BlinkFix charges its 10% of that price to the company, not to you.

(d) Cancelled orders. If a supplier cancels a paid order, we refund that order and its share of the service fee. If no delivery company can take an order, the supplier ships it itself and we refund the delivery line.

(e) Problems with the goods. If goods arrive missing, wrong or damaged, tell us as soon as you can in the app or at [email protected], with photos. Where the goods are missing, wrong or damaged, we arrange a replacement or a refund.

7. Customer reviews, disputes and conduct

7.1 Customers can rate and review your establishment and report problems with an order. You may reply to reviews politely. You must not post or buy fake reviews, review your own establishment or a competitor, or offer anything in return for a positive review or for removing a negative one.

7.2 The goods you sell. You are the seller and are responsible for the food and products you sell through BlinkFix: they must be correct, complete, undamaged, in date and as described, with correct allergen information. This includes shop and grocery orders and products a customer buys from a recipe. Where something is wrong because of you (for example missing or wrong items, damaged or broken goods, out-of-date products, a substitute the customer did not agree to, short weight or quantity, poor quality, or wrong allergen information), you carry the cost of the refund as set out in 6.5.

7.3 Complaints from customers. A customer can report a problem with an order within 48 hours, with the items it is about and photos. You see it in the app or on the website (Work → Orders → Complaints) and must answer within 48 hours: refund the items or an amount (in one step), offer a replacement or redelivery, or reply that you do not agree. If it is not settled within 48 hours, if you do not agree, or if the customer does not accept your offer, BlinkFix decides on the evidence from both sides: a full or partial refund, or none, and who carries the cost under 6.5. We tell you and the customer the outcome and the reasons; you can complain about a decision under 14.2. For an order paid at the establishment, you give the money back yourself (in cash or on your terminal) and confirm it in the app.

8. Content and intellectual property

8.1 You keep ownership of your menus, photos, videos, logos and descriptions. You give BlinkFix a worldwide, non-exclusive, royalty-free licence to host, copy, resize, translate, display and promote them in BlinkFix and in marketing for BlinkFix, for as long as your establishment is listed and for a reasonable time afterwards to remove them from marketing materials.

8.2 You promise that you have the rights to what you upload and that it does not infringe anyone's rights.

9. Ranking and promotion

Establishments are shown in search and on the map mainly by distance from the customer, whether they are open and taking orders, the filters the customer chooses (cuisine, diet, pickup or delivery) and relevance to the search words. Paid promotions and adverts are shown in marked positions and are always labelled. Ratings may be shown but do not buy a higher position. We explain any other main ranking factor here if we introduce it.

10. Suspension and ending

10.1 You can close your establishment at any time in the app or on the website. Orders already placed must still be fulfilled or cancelled with a refund, and amounts owed on both sides are still settled.

10.2 We may suspend or remove an establishment, stop cash ordering or withhold payouts that are in dispute if you break these terms or the law, if there is a food safety risk, a high rate of complaints, refunds or chargebacks, suspected fraud, or unpaid fees, or if a regulator asks us to. Where it is lawful and safe we tell you first and explain why, with at least 30 days' notice before we end our service to you for reasons other than a serious breach, legal requirement or risk to customers. You can ask us to review the decision by email.

10.3 These terms end when your last establishment is closed and every amount has been settled. Sections 6.5, 6.6, 6.8, 8, 11, 12 and 14 continue after that.

11. Data protection

11.1 Customer data. For each order or booking, you receive the customer's name, phone number, order details, notes, delivery address and (if they share it) delivery location. You receive it as a separate controller and may use it only to fulfil that order or booking, handle complaints and meet your legal obligations. You must not use it for marketing unless the customer has separately agreed to hear from you in a way that meets the law. You must keep it secure and delete it when you no longer need it.

11.2 Integrations. If you connect a CRM (HubSpot, Pipedrive, Salesforce), a till or accounting software, or use API keys and webhooks, you decide what data is sent to those systems and you are the controller for it there. If you switch on customer contact sync to a CRM, you are responsible for having a lawful basis and for telling customers. Keep keys secret and switch them off when you no longer need them.

11.3 Staff data. For the staff data you enter (roles, working hours, clock-ins, bonuses, PINs), you are the controller and BlinkFix processes it for you as your processor under the data processing terms in the Data Processing Agreement, which forms part of these terms for that data.

11.4 BlinkFix's own use of personal data is described in the Privacy Policy.

11.5 Head office messages to your staff. If your establishment is linked to a brand on BlinkFix Enterprise (company-owned or franchise), you agree that the brand's head office may message your staff through BlinkFix to ask for feedback. It sees only each staff member's name, role and the name of your establishment, not their contact details, hours, pay, tips or documents. You are not shown these conversations, and each staff member can switch them off or block that head office. These messages are for feedback only and give the brand no right to direct your staff.

11.6 Delivery companies. When a delivery company delivers an order, BlinkFix gives it and its driver the customer's name, phone number, delivery address and (if the customer shares it) delivery location, and the order details they need to deliver. They receive this as separate controllers, may use it only to make that delivery and to handle problems with it, and must keep it secure. You must not give them more customer data than the delivery needs.

11.7 Channel partners. If a channel partner introduced you to BlinkFix, it sees the name of your establishment and may write to you through BlinkFix; you can block it at any time. It does not see your orders, customers, staff, hours, pay or documents. BlinkFix pays the partner a share of what BlinkFix earns from you; that does not change what you pay.

11.8 Fiscal data. When BlinkFix sends your sales to your fiscal connection (see 3.9A), you are the controller of your fiscal records, and BlinkFix processes them for you as your processor: the connection is one of your integration tools under the Data Processing Agreement. What is sent is the sale (the order number, the items and charges, prices, VAT, how it was paid and when) and your establishment's details as the seller. No customer's name, contact details or address is sent. A buyer's tax number is sent only where the law of your country puts it on the fiscal receipt at the buyer's request and your connection prints it: in Poland, the NIP a customer gives for a business invoice, on the receipt of your connected fiscal printer. The one exception to these two sentences is the United Arab Emirates: when a business buyer there asks for a tax invoice (by paying as a business with its UAE tax registration number), the buyer's tax registration number, registered name and business address are sent in the e-invoice to your e-invoicing provider, and through it to the Federal Tax Authority, once the UAE e-invoicing mandate applies (planned from 2027). If BlinkFix starts sending a buyer's tax number in any other case, these terms and the Privacy Policy will say so first. (a) Where you connect your own device, your own vendor's software or your own provider account, that vendor or provider works for you under your contract with it. (b) Where the route for your country is a cloud fiscal service under BlinkFix's own contract with the provider, BlinkFix sends your sales to that provider, and through it to your tax authority, on your behalf, on your instructions and for no other purpose. That provider is BlinkFix's sub-processor, and BlinkFix names it on the Sub-processors list before it receives your data. If you stop using BlinkFix, BlinkFix gives you, or your tax office, the export of the fiscal records that provider holds for your establishment on request to [email protected], for as long as the law of your country requires those records to be kept.

12. Liability

12.1 Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited by law.

12.2 Your indemnity. You will compensate BlinkFix for claims, fines and reasonable costs arising from the food and products you sell (including food poisoning and allergen incidents), your breach of food, alcohol, consumer, employment, tax or data protection law, or your content infringing someone's rights.

12.3 Subject to 12.1, BlinkFix is not liable for loss of profit, revenue, business, goodwill or data, or for indirect or consequential loss, and our total liability to you in any 12 months is limited to the commission and plan fees you paid us in that period. We do not promise any level of orders or that BlinkFix will be available without interruption.

13. Changes to these terms

We may change these terms. We give at least 30 days' notice of changes that affect you, by email and in the app, unless a change is needed sooner to comply with the law or to deal with a risk to customers. If you continue to sell after the change applies, the new terms apply; if you do not agree, you may close your establishment before then. Where the law requires it (for example the EU Platform-to-Business Regulation), we give at least 15 days' notice and you may end these terms before the change applies.

14. Law, complaints and disputes

14.1 These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction. If a mandatory law of your country gives you a right that cannot be waived by contract, that right applies only as far as the law requires, and the rest of these terms stays in force.

14.2 Complaints. Send complaints about BlinkFix to [email protected] with the subject "Merchant complaint". We acknowledge them within 5 working days and aim to resolve them within 30 days. For businesses established in the EU, we will name mediators you can use in line with Article 12 of the EU Platform-to-Business Regulation on request; mediation is voluntary and does not stop either side going to court.

15. Contact

BlinkFix Ltd, 27 Old Gloucester Street, London WC1N 3AX, United Kingdom · [email protected]