Terms of Use - ZipZest

Terms of Use – Restaurants

These general terms of use (the "Restaurant Terms") apply to restaurants, caterers and other food businesses that use ZipZest to sell their products online. The terms that apply to people ordering from these businesses are available in the Customer Terms.

1. Who we are

ZipZest is operated by The Design Clinic Junod, Sous-l'Église 6, 2043 Boudevilliers, Switzerland ("ZipZest", "we", "us").

Contact: [email protected]

2. Definitions

Platform: the zipzest.ch website, the restaurant dashboard, the online shops, the QR menus, and the apps and interfaces (API) provided by ZipZest.
Restaurant Owner or you: the individual or legal entity that runs a business and subscribes to the Service for professional purposes.
Restaurant: each restaurant created by the Restaurant Owner on the Platform.
Shop: the Restaurant's online ordering page (zipzest.ch/@restaurant-name) and its QR menu.
Customer: anyone who visits a Shop or places an Order through it.
Order: an order for products placed by a Customer with the Restaurant through the Shop, for pickup or delivery.
Team Member: anyone the Restaurant Owner invites to access their Restaurant's dashboard.

3. Scope and acceptance

3.1 ZipZest is a service for businesses only. By creating an account, you confirm that you are acting in the course of your business and are authorised to bind the company you represent.

3.2 By signing up for and using the Service, you accept these Restaurant Terms and the Restaurant Privacy Policy. Any general terms and conditions of the Restaurant Owner do not apply to the relationship with ZipZest.

4. ZipZest's role

4.1 ZipZest is a software provider (Software as a Service). We provide you with the technical tools to sell online under your own name.

4.2 ZipZest is not a party to the sales contracts between you and your Customers. You are the seller: you set your offer and prices, accept or decline Orders, prepare the products, handle pickup or delivery, and are responsible to the Customer for fulfilling the Order properly.

4.3 ZipZest does not collect any money on your behalf. Your Customers' online payments are paid directly into your own Stripe account (see section 7).

5. Description of the Service

Based on the Platform's current features, the Service includes in particular:

an online Shop and QR menu under your name, with management of categories, dishes, add-ons, prices, allergens, availability and announcements;
pickup and delivery Orders, immediate or scheduled, with opening hours, closing days, time slots and delivery zones;
online payments through Stripe (card, TWINT, Apple Pay, Google Pay, etc., depending on the methods enabled on your Stripe account), as well as tracking of offline payments (cash, TWINT, card on pickup or delivery);
Order tracking, the kitchen display (KDS), the order status screen, receipt printing and the mobile app;
management of your customer list, discount codes and Customer reviews;
management of Team Members and their roles;
importing your menu from other platforms (e.g. GloriaFood or Just Eat);
optional integrations with third-party services, for example a delivery provider (SwissLivraisonPro);
listing your Shop in the zipzest.ch restaurant directory.

ZipZest continuously develops the Service and may add, change or remove features. If an essential feature is removed, we will notify you in advance with reasonable notice.

6. Account, security and Team Members

6.1 You agree to provide accurate, up-to-date information (company name, address, UID/VAT number where applicable, contact details) and to keep it current.

6.2 You are responsible for keeping your login details and those of your Team Members confidential, and for all actions taken through your account. We recommend enabling two-factor authentication. You must notify us immediately of any unauthorised use.

6.3 You choose which Team Members to invite and which roles to give them. You are responsible for their actions as if they were your own.

6.4 For technical support and troubleshooting, authorised ZipZest staff may access your dashboard, including by temporarily logging in as you. Such access is limited to what is necessary and subject to a duty of confidentiality.

7. Customer payments

7.1 Online payments (Stripe). To accept online payments, you must connect your own Stripe account to ZipZest (Stripe Connect). The payment services contract is concluded directly between you and Stripe under Stripe's terms (in particular the Stripe Services Agreement and the Stripe Connected Account Agreement). Amounts paid by your Customers are credited to your Stripe account.

7.2 0% commission. ZipZest does not take any commission on your Orders. Only Stripe's transaction fees apply; they are charged by Stripe at its own rates. Should ZipZest ever introduce transaction fees, it will notify you at least 30 days in advance, in accordance with section 19.

7.3 Refunds and disputes. You alone are responsible for refunds, cancellations, payment disputes (chargebacks) and your relationship with Stripe. The dashboard allows you to issue a refund through Stripe.

7.4 Offline payments. Payments in cash, by TWINT or by card on pickup or delivery are collected directly by you. ZipZest only records their status.

8. Subscription, free trial and billing

8.1 Free trial. Each new Restaurant gets a 30-day free trial, with no credit card and no commitment. After the trial, access to paid features requires a subscription.

8.2 Subscription. The subscription is monthly or annual, at the price shown on the zipzest.ch pricing page or in the dashboard when you subscribe. Prices are in Swiss francs (CHF), plus VAT where applicable. The subscription renews automatically for the same period unless cancelled (section 15).

8.3 Payment. The subscription is payable in advance by card through our payment provider Stripe. Invoices are sent by email and remain available in the billing portal. If you change plans during a billing period, the amount is prorated.

8.4 Failed payments. If a payment fails, we will let you know. If it is not settled within a reasonable time, we may suspend access to the Service, including taking Orders, until payment is made.

8.5 No refunds. Amounts paid for a subscription period that has already started are not refunded, unless mandatory law provides otherwise or in case of gross negligence by ZipZest.

8.6 Price changes. We may change our prices. Any increase will be notified to you at least 30 days in advance and will apply from the next billing period. If you do not accept it, you may cancel before it takes effect.

9. Your obligations as the seller

By using ZipZest, you agree in particular to:

comply with all rules applicable to your business, in particular food and hygiene law, price display requirements (prices including VAT in CHF), VAT, the sale of alcohol (no sale to anyone under 16, and no spirits to anyone under 18) and consumer protection;
inform your Customers correctly about allergens and any other mandatory product information, and keep this information up to date;
publish accurate information about your offer: descriptions, photos, prices, delivery fees and minimums, delivery zones, opening hours and lead times;
clearly identify your business in the Shop (name, address, contact details) so that the Customer knows who they are contracting with;
handle Orders diligently: accept or decline them promptly, inform the Customer of any delay or unavailability, and refund Orders you cannot fulfil;
handle delivery and pickup yourself or through a provider of your choice, including ensuring that vehicles, insurance and staff are compliant;
deal with and respond to your Customers' complaints;
not use the Service for unlawful, fraudulent or immoral purposes, and not attempt to disrupt, circumvent or overload the Platform.

You will indemnify us against any third-party claims (Customers, authorities, rights holders) arising from a breach of these obligations.

10. Your content and licence

10.1 You remain the owner of the content you publish or import (texts, menus, photos, logos, trademarks). You warrant that you hold all necessary rights and that this content does not infringe any third-party rights or any law.

10.2 Imports from other platforms. When you import data from another platform (e.g. GloriaFood or Just Eat), you confirm that you own it or hold the necessary rights, and you bear sole responsibility for the import towards those platforms.

10.3 For as long as you use the Service, you grant ZipZest a free, non-exclusive licence to host, reproduce, adapt (e.g. resize or optimise images) and display this content in order to provide the Service and to show your Shop in the zipzest.ch directory and search pages.

10.4 With your prior consent, we may name your Restaurant and show its logo as a customer reference. You may withdraw this consent at any time.

10.5 We may remove or hide any content that is clearly unlawful or contrary to these Terms.

11. Customer reviews

11.1 Customers who have placed an order may publish a review of your Restaurant. You may reply publicly from your dashboard.

11.2 It is forbidden to write or commission fake reviews, to offer anything in return for a review, or to influence reviews in a misleading way.

11.3 ZipZest may remove reviews or replies that are unlawful, abusive or unrelated to the Restaurant. It is not required to remove a lawful negative review.

12. Data protection

12.1 Your account data. For data relating to you and your Team Members (account, subscription, support), ZipZest is the controller. Details are set out in the Restaurant Privacy Policy.

12.2 Your Customers' data. For the data your Customers provide when placing an Order (name, contact details, address, Order content, notes, etc.), you are the controller and ZipZest acts as processor within the meaning of Art. 9 of the Swiss Federal Act on Data Protection (FADP) and, where applicable, Art. 28 of the EU General Data Protection Regulation (GDPR). The "Data Processing Agreement" annex below forms an integral part of these Terms.

12.3 ZipZest is, however, the controller for ZipZest Customer accounts (which allow ordering from several Restaurants), for published reviews, for its own marketing communications (with consent), and for the Platform's security and statistics. These processing activities are described in the Customer Privacy Policy.

12.4 You must use your Customers' data only in compliance with the law. In particular, sending advertising by email or SMS to your Customers requires their prior consent (Art. 3(1)(o) of the Swiss Unfair Competition Act, UCA); the Platform does not give you that consent.

13. Availability, maintenance and support

13.1 We do our best to provide a reliable service available 24/7, but cannot guarantee uninterrupted availability. Interruptions may occur due to maintenance, updates, provider outages (hosting, Stripe, network) or force majeure. Where possible, scheduled maintenance is carried out outside usual service hours.

13.2 Support is provided by email at [email protected] on business days, within a reasonable time.

13.3 We make regular backups. You are nevertheless advised to keep your own copies of important data (menus, accounting exports, etc.).

14. Liability

14.1 ZipZest is liable for damage you suffer as a result of a breach of its obligations committed intentionally or through gross negligence.

14.2 To the extent permitted by law, any other liability of ZipZest is excluded, in particular for slight negligence, indirect or consequential damage, loss of profit, loss of Orders or data, and for damage caused by third parties (Stripe, delivery providers, networks, import platforms) or by Team Members.

14.3 In all cases where ZipZest is liable for negligence, its liability is limited to the subscription fees you paid in the 12 months preceding the event giving rise to the damage.

14.4 ZipZest accepts no liability for the products sold, their quality or compliance, allergen information, delivery, or the performance of contracts between you and your Customers.

15. Term and termination

15.1 The contract is concluded for an indefinite period from the creation of your account.

15.2 By you. You may cancel your subscription at any time from the billing portal; cancellation takes effect at the end of the current period. You may also delete a Restaurant from its dashboard; deletion is permanent.

15.3 By ZipZest. We may terminate the contract with 30 days' notice. We may suspend or terminate your access with immediate effect in case of serious breach of these Terms, fraudulent or unlawful use, a risk to the security of the Platform, or persistent non-payment.

15.4 Consequences. When the contract ends, your Shop is deactivated. It is your responsibility to export any data you need before your Restaurant is deleted. The data is then deleted or anonymised within a reasonable time, except for data we are legally required to keep (e.g. accounting records) and backups, which are erased according to their rotation cycle.

16. ZipZest's intellectual property

The Platform, its code, design, trademarks and content (excluding your content) belong to ZipZest or its licensors. You receive a non-exclusive, non-transferable right of use, limited to the term of the contract and the needs of your Restaurant. You may not copy, decompile or resell the Service, or make it available to third parties outside its intended use.

17. Confidentiality

Each party will treat as confidential any non-public information of the other party that it learns of in connection with the contract. This obligation continues after the contract ends.

18. Third-party providers and integrations

The Service relies on third-party providers (in particular Infomaniak for hosting, Stripe for payments, Cloudflare for network security, Amazon Web Services for sending emails and Mapbox for address geolocation). When you enable an optional third-party integration (e.g. a delivery provider), you enter into your own contract with that third party and authorise it to receive the necessary data from the relevant Orders.

19. Changes to these Terms

We may change these Terms, in particular to reflect changes to the Service or the law. Material changes will be announced to you by email or in the dashboard at least 30 days before they take effect. If you do not agree, you may terminate the contract before that date; otherwise, continued use of the Service constitutes acceptance.

20. Final provisions

20.1 If any provision of these Terms is void or unenforceable, the remaining provisions remain valid. The provision concerned will be replaced by a valid rule that comes as close to it as possible.

20.2 You may only assign the contract to a third party with our prior written consent. ZipZest may transfer the contract to a company that takes over the operation of the Platform.

20.3 These Terms are available in several languages. In case of discrepancy, the French version prevails.

21. Governing law and jurisdiction

These Terms are governed by Swiss law, excluding its conflict-of-laws rules and the Vienna Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Neuchâtel, Switzerland.

Annex – Data Processing Agreement (Customer data)

A1. Purpose. ZipZest processes your Customers' personal data solely to provide you with the Service: receiving, displaying, transmitting and archiving Orders, payment, notifications, the customer list, geolocating delivery addresses and, if you enable it, forwarding Orders to a delivery provider.

A2. Data and data subjects. Customers and Order recipients: identity, contact details (email, phone), delivery and billing addresses (and the related geographic coordinates), company, Order content and history, free-text notes, payment status and method. Free-text notes may contain sensitive data (e.g. an allergy); they are processed only to fulfil the Order.

A3. Instructions. ZipZest processes the data in accordance with your instructions, which result from these Terms and from how you configure the Service. We will inform you if an instruction appears to us to be unlawful.

A4. Confidentiality and security. Persons authorised to process the data are bound by confidentiality. ZipZest implements appropriate technical and organisational measures, in particular encrypted connections (HTTPS), hosting in Switzerland, access control and logging, password hashing, two-factor authentication and regular backups.

A5. Sub-processors. You authorise ZipZest to use the sub-processors listed in the Restaurant Privacy Policy (in particular Infomaniak, Cloudflare, Amazon Web Services and Mapbox). ZipZest imposes equivalent data protection obligations on them. We will inform you of any planned addition or replacement; you may object on legitimate grounds by terminating the contract. Stripe and any delivery providers you enable are your own contractual partners and not sub-processors of ZipZest.

A6. Transfers abroad. The data is hosted in Switzerland. Where sub-processors process data outside Switzerland, ZipZest ensures that the country provides an adequate level of protection or that appropriate safeguards are in place (e.g. standard contractual clauses recognised by the FDPIC).

A7. Assistance. ZipZest will reasonably assist you in responding to data subject requests (access, rectification, erasure, etc.). If such a request reaches us directly, we will forward it to you.

A8. Data security breaches. ZipZest will inform you as soon as possible of any data security breach affecting your Customers, so that you can meet any notification obligations you may have.

A9. End of contract. When the contract ends or the Restaurant is deleted, ZipZest deletes your Customers' data, subject to legal retention obligations and backups, which are erased according to their rotation cycle. Data linked to a person's ZipZest Customer account (section 12.3) is not affected.

A10. Audits. You may request the information needed to verify compliance with this agreement. On-site audits are possible with reasonable notice, at your expense and without compromising the confidentiality of ZipZest's other customers.

For any questions about these Terms: [email protected]

Last updated: 3 October 2026

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