Merchant Terms of Service
1. Applying and verification
Submitting an application does not guarantee acceptance. We review every application and may approve, request more information, or decline at our discretion. To verify your business and the people who own or control it, we and our payments partner may check the information you provide against public records, licensing databases, sanctions lists and identity-verification services. You agree to provide accurate, current and complete information and to update it promptly if anything changes, including ownership, licences, insurance, addresses and bank details.
Your account is activated only after approval and completion of any onboarding steps we require, including identity verification and payout setup with our payments partner. You are responsible for keeping portal credentials secure and for all activity under your account.
2. Your responsibilities
- Hold and maintain every licence, permit, registration and insurance policy your business and products require, and show us proof on request.
- Comply with all laws that apply to your business, products and orders, including consumer protection, product safety, labelling, tax, employment and accessibility laws.
- Accurately describe products, prices, availability, hours and preparation times, and keep them up to date.
- Package orders securely and appropriately for transport, and have orders ready at the confirmed pickup time.
- Collect and remit any sales or other taxes you are responsible for, unless we tell you in writing that we will collect them as a marketplace facilitator in a particular state.
- Treat drivers, customers and Concierge staff with respect and keep a safe pickup environment.
3. Food, alcohol and medical deliveries
Food. You are responsible for food safety, allergen information, temperature control and compliance with health department rules for anything you prepare or sell.
Alcohol. You may offer alcohol only where you hold a valid licence that allows delivery, and only where we have enabled alcohol for your account. Alcohol orders require recipient age and identity checks at handoff, and drivers may refuse delivery to anyone who is under 21, visibly intoxicated, or cannot show valid ID.
Medical courier. Medical deliveries (including prescriptions, specimens and medical supplies) are available only to approved merchants who hold the required state licences and, where applicable, DEA registration and CLIA certification. Before your first medical delivery you must sign Concierge's Business Associate Agreement ("BAA") if Concierge will handle protected health information on your behalf. You are responsible for packaging and labelling that meets applicable law, for selecting the correct temperature class, and for any controlled-substance requirements. Concierge will follow the chain-of-custody and handling procedures set out in the BAA and our medical courier standards. If these Terms and a signed BAA conflict on the handling of protected health information, the BAA controls.
4. Orders, pickup and delivery
Customers may place orders through Concierge apps or channels you enable. Delivery is performed by independent drivers who use the Concierge network. Concierge does not take title to your products. Delivery times are estimates. Risk of loss passes to the customer on delivery, except where loss or damage is caused by a driver's or Concierge's failure to follow handling instructions you properly provided, in which case our responsibility is limited as described in section 11.
You must not ask drivers to deliver items outside the order, collect cash on your behalf, or carry anything prohibited by these Terms or by law.
5. Commission, fees and payouts
Concierge charges a commission on each completed order. Your commission rate, and any other fees (such as optional marketing or delivery-only fees), are shown in your merchant agreement or merchant portal before they apply to you. We will give you at least 30 days' notice before increasing your commission rate or adding a new mandatory fee.
Payouts are processed through our payments partner to the bank account you verify with them. We pay out order proceeds minus commission, fees, refunds, chargebacks and any amounts you owe us. Payout timing is shown in your portal and may be delayed for verification, suspected fraud, disputes or legal requirements. You authorize us and our payments partner to debit or offset amounts you owe us against future payouts or, if needed, your linked bank account.
6. Refunds, disputes and chargebacks
If an order is wrong, missing items, damaged before pickup, or unsafe, you are responsible for the cost of the refund or replacement. Where a problem is caused by the driver or Concierge, we bear it. We may issue reasonable refunds to customers to resolve complaints and will tell you how responsibility was decided. You may dispute a decision through the portal within 30 days.
7. Prohibited items and conduct
- Illegal goods, weapons, ammunition, explosives, hazardous materials not permitted for ground courier, counterfeit goods, and recalled products.
- Tobacco, vaping, cannabis or hemp-derived THC products, unless we enable a category for you in writing where lawful.
- Prescription drugs or controlled substances except through an approved medical courier account.
- Fraud, fake orders, manipulating reviews or ratings, discriminating against customers or drivers, or circumventing the Platform to avoid fees on customers introduced by Concierge.
8. Your content and our brand
You grant Concierge a non-exclusive, royalty-free licence to use your business name, logos, menus, product images and descriptions to list and promote your business on the Platform while you are a merchant. You confirm you have the rights to that content. Concierge names, logos and software remain our property; you may use them only as we allow in writing.
9. Data and privacy
Our Merchant Privacy Notice explains how we handle information about your business and its people. Customer information you receive through orders may be used only to fulfil those orders, provide support and meet legal obligations. You must not use it for marketing unless the customer has separately agreed, and you must protect it with reasonable security.
10. Suspension and termination
You may close your merchant account at any time with 14 days' notice through the portal or by email. We may suspend or terminate your access, with notice where practical, if you breach these Terms, lose a required licence or insurance, pose a safety, legal or fraud risk, or receive repeated serious customer complaints. Sections that by their nature should survive termination (including fees owed, refunds, indemnity and liability limits) survive.
11. Disclaimers and limitation of liability
The Platform is provided "as is" and "as available". We do not guarantee any volume of orders or uninterrupted service. To the fullest extent permitted by law, neither party is liable to the other for indirect, incidental, special, consequential or punitive damages, or lost profits. Except for your payment obligations, your indemnity obligations, and either party's fraud or wilful misconduct, each party's total liability under these Terms in any 12-month period is limited to the commissions and fees you paid Concierge in that period. Nothing in these Terms limits liability that cannot be limited by law.
12. Indemnity
You will defend and indemnify Concierge and its officers, employees and drivers against third-party claims arising from your products, your breach of these Terms or the law, or information you provided that was inaccurate. Concierge will defend and indemnify you against third-party claims arising from Concierge's breach of law or gross negligence in operating the Platform.
13. Governing law and disputes
These Terms are governed by the laws of the State of Georgia, USA, without regard to conflict-of-law rules. Before filing any claim, each party agrees to try to resolve the dispute informally for 30 days by contacting the other in writing. If unresolved, disputes will be brought in the state or federal courts located in Fulton County, Georgia, and both parties consent to that jurisdiction.
14. Changes and contact
We may update these Terms. For material changes we will give at least 30 days' notice by email or in the portal. Continuing to use the Platform after the effective date means you accept the updated Terms. Questions: support@conciergeincgroup.com.