Draft for Legal Review
This document is a working draft for solicitor review. It is intended to describe the operational and commercial responsibilities between Hoteliqa Ltd and each hotel/vendor using the Hoteliqa Hotel Shop platform. It should be reviewed and amended by a qualified legal adviser before production use.
Terms version: 2026-05-26-1
1. Parties and Scope
These Vendor Terms and Conditions apply to hotels, restaurants, bars, resorts, serviced apartments, and other business customers using the Hoteliqa ordering, POS, kitchen display, printing, stock-control, QR-code, and related operational services.
Hoteliqa provides the software platform, configuration services, support services, and, where agreed, operational POS or printing devices. The vendor remains responsible for the food, beverages, products, services, staff, pricing, descriptions, fulfilment, guest service, legal compliance, and hotel operations connected with its use of the platform.
2. Service Description
The Hoteliqa service may include guest menu pages, QR-code entry points, vendor dashboards, add-ons, checkout routing, payment gateway integration, kitchen/POS order views, stock controls, Android printing support, and related administration tools.
Hoteliqa may change, improve, suspend, or withdraw features where reasonably necessary for security, maintenance, compatibility, operational reliability, legal compliance, or service development.
3. Vendor Account and Authority
The main vendor user is treated as authorised to accept these terms on behalf of the vendor and to manage the vendor’s operational users, products, prices, menus, payment settings, locations, add-ons, and kitchen access.
The vendor must keep login credentials secure, restrict access to authorised staff only, and notify Hoteliqa promptly if an account or POS device may have been compromised.
4. Menu, Pricing, Images, and Product Information
The vendor is solely responsible for all menu items, product names, product descriptions, images, prices, tax treatment, availability, portion descriptions, add-ons, options, fees, and any promotional wording shown through the Hoteliqa platform.
The vendor must ensure that all menu and product information is accurate, lawful, not misleading, and kept up to date. Hoteliqa is not responsible for losses, complaints, disputes, refunds, chargebacks, or regulatory issues caused by inaccurate or incomplete vendor content.
5. Allergens, Food Safety, and Guest Information
The vendor is solely responsible for food safety, hygiene, food preparation, ingredient management, allergen controls, cross-contamination controls, staff training, and compliance with all applicable food information and food safety laws.
The vendor must add any legally required allergen, ingredient, dietary, or preparation information to menu item descriptions or other appropriate fields, and must ensure that guests can obtain required allergen information before ordering and, where required, at delivery or collection.
Hoteliqa does not verify ingredients, allergen information, kitchen procedures, food preparation, or cross-contamination controls. The vendor must not rely on Hoteliqa as a food safety adviser or allergen compliance adviser.
6. Orders, Fulfilment, and Guest Service
The vendor is responsible for monitoring incoming orders, preparing orders, delivering or making orders available for collection, handling substitutions, cancellations, refunds, guest complaints, service failures, and any communication with guests about the order.
Hoteliqa is not responsible for missed orders, delayed preparation, incorrect preparation, delivery failures, unavailable items, guest dissatisfaction, or disputes arising from the vendor’s operation of its hotel, kitchen, bar, restaurant, staff, or guest service.
7. Payments, Refunds, Chargebacks, and Tax
Where vendor-routed payment gateways are used, the vendor is responsible for providing and maintaining accurate payment gateway credentials and for complying with the gateway provider’s own terms.
The vendor is responsible for refunds, chargebacks, disputes, reconciliation, tax treatment, invoices, receipts, and any fees charged by third-party payment providers unless a separate written agreement states otherwise.
8. POS Devices, Android Printers, and Hardware
Where Hoteliqa supplies or configures POS, kitchen, printing, Android, or similar devices, those devices must be used only for Hoteliqa operational purposes and must not be modified, tampered with, repurposed, jailbroken, rooted, used for personal browsing, or used with unauthorised apps or accessories.
The vendor is responsible for safe device placement and day-to-day care. Devices must be kept away from water, steam, excessive heat, grease, open flames, heavy impact, unsafe electrical outlets, unauthorised chargers, and any environment that could reasonably damage the device or create a safety risk.
The vendor must stop using and unplug any device that appears damaged, swollen, overheated, wet, sparking, or otherwise unsafe, and must notify Hoteliqa promptly.
If a device is lost, stolen, misused, damaged by the vendor, damaged by vendor staff, damaged by the vendor’s premises, or damaged by conditions outside normal business use, the vendor may be charged for repair, replacement, shipping, and reconfiguration. Where a device fails during normal business use, Hoteliqa will use reasonable efforts to repair or replace it, but Hoteliqa is not liable for lost orders, lost revenue, business interruption, or consequential loss.
9. Thermal Paper and Consumables
Unless otherwise agreed in writing, the vendor is responsible for maintaining sufficient thermal paper and other consumables needed for its devices. Hoteliqa may provide a reorder process or support contact for purchasing compatible paper, but stock management of consumables remains the vendor’s responsibility.
10. Maintenance, Downtime, and Availability
Hoteliqa will use reasonable efforts to keep the service available and reliable, but does not guarantee uninterrupted or error-free operation. The service may be unavailable during planned maintenance, emergency maintenance, hosting incidents, internet outages, third-party service outages, payment gateway outages, plugin compatibility issues, security events, or other circumstances outside Hoteliqa’s reasonable control.
Hoteliqa will try to schedule planned maintenance outside core trading hours where practical, but may carry out urgent maintenance at any time where required for security, reliability, or legal compliance.
11. Subscription Fees, Payment, and Suspension
Subscription fees are payable in advance unless otherwise agreed in writing. Failure to pay fees when due may result in suspension or restriction of platform access, vendor checkout, support, device services, and other Hoteliqa services.
Suspension for non-payment does not remove the vendor’s responsibility to pay outstanding fees, hardware charges, chargebacks, or other amounts due.
12. Data Protection, Privacy, and Security
The vendor must comply with applicable data protection, privacy, marketing, consumer, and hospitality laws when using the platform. The vendor must only use guest/order data for lawful hotel operational purposes and must not export, share, or misuse guest data.
The vendor is responsible for ensuring its staff handle guest and order data appropriately. Hoteliqa may process personal data to provide, secure, maintain, support, and improve the service. Additional privacy or data processing terms may apply separately.
13. Third-Party Services
The platform may depend on third-party services, including WordPress, WooCommerce, Dokan, Orderable, hosting providers, payment gateways, email services, internet connectivity, Android device services, and other plugins or integrations.
Hoteliqa is not responsible for third-party terms, outages, fees, errors, security incidents, compatibility changes, declined payments, chargebacks, or failures outside Hoteliqa’s reasonable control.
14. Prohibited Use
The vendor must not use the platform or devices for unlawful activity, misleading advertising, unsafe products, unauthorised access, security testing without permission, spam, malware, personal browsing on POS devices, or any use that could damage Hoteliqa, guests, other vendors, payment providers, or the platform.
15. Intellectual Property
Hoteliqa and its licensors retain ownership of the platform, software, configuration, documentation, branding, templates, workflows, integrations, and related intellectual property. The vendor receives only the limited right to use the service while its subscription or agreement is active.
16. Support
Hoteliqa may provide support through agreed channels such as email, messaging, phone, or remote access. Support covers reasonable platform and device assistance but does not include hotel operations, food safety advice, legal advice, accounting advice, tax advice, or third-party provider support unless separately agreed.
17. Limitation of Liability
To the fullest extent permitted by law, Hoteliqa is not liable for indirect, special, incidental, consequential, punitive, or exemplary losses, including loss of profit, loss of revenue, loss of business, loss of goodwill, loss of data, missed orders, guest compensation, business interruption, or replacement service costs.
Hoteliqa is not liable for losses caused by vendor content, vendor prices, vendor images, vendor menus, allergen information, food preparation, guest service, staff actions, payment gateway disputes, internet outages, device misuse, unsuitable premises, unsafe device placement, unauthorised chargers, third-party failures, or circumstances outside Hoteliqa’s reasonable control.
Nothing in these terms excludes or limits liability that cannot legally be excluded or limited.
18. Indemnity
The vendor agrees to indemnify Hoteliqa against claims, losses, damages, costs, fines, chargebacks, complaints, or expenses arising from the vendor’s products, food, beverages, menu content, prices, allergen information, guest service, staff actions, misuse of the platform, breach of these terms, or breach of applicable law.
19. Termination
Either party may terminate the service in accordance with the commercial agreement between the parties. On termination, Hoteliqa may disable vendor access, checkout, integrations, support, and device services. The vendor remains responsible for outstanding fees, device return or replacement charges where applicable, chargebacks, and obligations that by their nature should continue after termination.
20. Changes to These Terms
Hoteliqa may update these terms from time to time. If the terms are materially updated, vendors may be required to accept the updated version before continuing to use vendor dashboard or operational features.
21. Governing Law and Jurisdiction
These terms should specify the governing law and jurisdiction applicable to Hoteliqa Ltd and the vendor. This section must be completed following legal advice.
22. Contact and Notices
Operational and legal notices should be sent to the Hoteliqa support or legal contact specified in the vendor’s commercial agreement, invoice, onboarding documentation, or platform settings.