United States – Local Law Obligations

BY EXECUTING AN AGREEMENT WITH PO3S FOR THE USE OF THE PO3S PLATFORM AND SERVICES, THE MERCHANT (“MERCHANT” OR “YOU”) AGREES TO COMPLY WITH APPLICABLE LOCAL LAWS AND GUIDELINES. ADDITIONALLY, YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE WAIVING YOUR RIGHTS AND OPTING OUT OF FEE LIMITS UNDER CERTAIN LAWS. THESE RIGHTS AND YOUR WAIVER(S) ARE DESCRIBED BELOW.

1. Proposition 65 in California: requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects, or other reproductive harm.

2. Section 20-563.6 of the administrative code of New York City: requires that a toilet facility is made available for the use of Delivery Persons who enter a Merchant’s premises to pick up such Merchant’s food or beverage for Customer delivery, except (i) where accessing the toilet facility would require a Delivery Person to walk through such Merchant’s kitchen, food preparation or storage area or utensil washing area to access such facility, pursuant to subdivision d of section 81.22 of the health code; (ii) where accessing the toilet facility would create an obvious health and safety risk to the Delivery Person or to the Merchant; or (iii) any additional exceptions that the commissioner promulgates by rule.

3. § 9-5104 of The Philadelphia Code: governs the fees that PO3S may charge restaurants for certain PO3S services, including but not limited to delivery and listing services. For Merchants located in Philadelphia, you acknowledge that:

3.1. you have reviewed Chapter 5-104 and understand your rights;  

3.2. you understand PO3S offers a pricing plan to restaurants where PO3S will provide basic Marketplace delivery and listing services (the “Sale Kit”), in exchange for a restaurant paying a commission to PO3S equal to 10% of the subtotal of each online order (the “10% commission”); 

3.3. if you have selected a plan other than the Sale Kit, you understand that you are waiving your rights and opting out of the limit on fees outlined under Chapter 5-104 and agreeing to the rates set forth in your Agreement with PO3S, as amended by the parties from time to time during the Term to secure additional services above that provided by the Sale Kit; 

3.4. you understand that, during the declared public health emergency associated with COVID-19 and for 90 days after, PO3S may collect less than the rates set forth in your Agreement and if so, you agree that any voluntary reduction of the agreed rates by PO3S is not a waiver or amendment of the rates set forth in the Agreement and that PO3S may revert to the agreed upon rates at any time;

and

3.5. you understand that you may, at any time during the term, switch over to the Sale Kit by providing PO3S a thirty (30) days’ prior written notice.

4. § 6-62 of Alameda Municipal Code: governs the fees that PO3S may charge restaurants for delivery services. For Merchants located in the City of Alameda, California, you acknowledge that:

4.1. you have reviewed Section 6-62.2 and understand your rights;  

4.2. you understand PO3S offers a pricing plan to restaurants where PO3S will provide basic Marketplace delivery and listing services (the “Sale Kit”), in exchange for a restaurant paying a commission to PO3S equal to 1-% of the subtotal of each online order (the “10% commission”); 

4.3. if you have selected a plan other than the Sale Kit, you understand that you are waiving your rights and opting out of the limit on fees outlined under Section 6-62 and agreeing to the rates set forth in your Agreement with PO3S, as amended by the parties from time to time during the Term to secure additional services above that provided by the Sale Kit; and

4.4. you understand that you may, at any time during the Term, switch over to the Sale Kit.