Toast Digital Ordering Terms

By using Toast Services that enable guests to make online purchases from the Merchant, the Merchant agrees to these Digital Ordering Terms. Merchant acknowledges and agrees that these Digital Ordering Terms supplement and, in the event of a conflict, supersede and amend the terms of the Merchant Agreement. In particular, to the maximum extent possible under applicable law, Toast reserves the right to modify any portion of these Digital Ordering Terms at any time in its sole discretion by notifying the Merchant of any changes by posting of the updated Terms on its platform(s) with reasonable notice given as and when required by Applicable Law and Rules. If the Merchant does not agree to these Digital Ordering Terms or any updated version, the Merchant shall cease using Toast digital ordering Services. Such updates or modifications may be made for reasons including, but not limited to: (i) complying with applicable law or regulation, (ii) security reasons, (iii) changes in market conditions, or (iv) changes imposed by a third-party supplier.

Capitalised terms used but not defined herein shall have the meaning set out in the Merchant Agreement and/or the Additional Terms.

The Merchant is solely responsible and liable for marketing, selling, pricing, packaging and provision of any products or services offered through Toast digital ordering features, all in compliance with Applicable Law and Rules, including but not limited to holding relevant required licences. 

By using Toast digital ordering Services, Merchant agrees that:

If the Merchant sells alcoholic beverage products, the Merchant represents and warrants that it holds any required alcoholing beverage licence. 

When selling alcoholic beverage products, the Merchant may be required to approve each purchase through Toast digital ordering features before such purchase can be finalized and, only upon acceptance of such purchase, will the guest be charged. Merchant is responsible for: 

Merchant must have a Toast account to use Toast digital ordering Services. Toast, in its sole discretion, may retain control of the ability to add any of the digital ordering Services to a Merchant’s Toast account or to cause Merchant’s business to appear on any of the Toast platforms. To be listed on any of the Toast platforms, Merchant must provide Toast with certain minimum required information, including without limitation its hours of operation and menu items and pricing. Merchant must provide accurate and complete information in response to any questions and keep such information current at all times. Toast disclaims any liability or responsibility in connection with any information provided by Merchant that is inaccurate, incomplete, or outdated. While Merchant may change most of the information related to its business, Toast maintains control over certain standard labeling and design elements of the Toast platforms, including but not limited to the user interface for all merchants listings on any of the Toast platforms.

Merchant acknowledges and agrees that Toast may, in its sole discretion, establish limitations concerning use of the digital ordering Services, including without limitation individual or aggregate transaction limits on the dollar amount or number of payment transactions a guest may make or the merchant may receive within certain time periods. Toast may decline to process any payment transaction without any notice to the Merchant or its guests. Toast may delay processing of, or hold or cancel processing of, any payment transaction upon the Merchant’s direction or if Toast believes, in its sole discretion, that the transaction is invalid, suspicious, involves misconduct or fraud, or otherwise violates Applicable Law and Rules, or any applicable Toast terms or policies.

The Merchant is responsible for setting its own cancellation and refund policies for products and services sold through Toast digital ordering Services. Once a purchase has been submitted through a Toast digital ordering Service, the Merchant acknowledges and agrees that the relevant guest must contact the Merchant directly to inquire about changes,  cancellations or refunds.

Merchant’s contact information for customer service will be made available by Toast through the digital ordering Services. It is the Merchant’s responsibility to keep its customer service contact information registered with Toast accurate and up-to-date. The Merchant may change its contact information by contacting Toast’s Customer Care team at https://www.toasttab.com/restaurants/admin/basicinfo. 

The Merchant is responsible for Merchant-specific customer service issues, except to the extent that Toast expressly takes responsibility for any support issues in the Merchant Agreement or other applicable terms.

Toast may be required to provide Merchant with certain disclosures, notices and communications (collectively, “Communications”) in written form. Merchant agrees to receive all Communications regarding its use of any of the Services electronically instead of in paper form, including by sending electronic mail to the e-mail address Merchant registered with Toast, or by posting a notice or communicating with Merchant through a Toast App. Communications include Service-specific terms or other agreements or policies to which Merchant must agree in order to use the Services, including updates to those agreements and policies; payment authorizations and transaction confirmations; customer service matters; and any other communications related to Merchant’s use of the Services.

Communications in electronic format will be considered to be in “writing” and are considered received by Merchant upon posting though our website, or the Toast Platform, or a Toast App, or sending to Merchant via electronic mail, regardless of whether Merchant has accessed that Communication.

In order to access and retain electronic Communications, Merchant will need to have a computer or mobile device with Internet connectivity, software capable of opening PDF documents, access to the valid email address that Merchant used to register with Toast, a current web browser that includes 128-bit encryption with cookies enabled, and sufficient storage space to save communications electronically or to print them. Merchant should print or electronically save a copy of any electronic Communication and retain it for Merchant’s records.

Merchant’s consent to electronic Communications is valid until Merchant revokes it. However, consent to electronic Communications is a condition of the Services, and if Merchant revokes its consent, Merchant will no longer be permitted to use the Services. Merchant agrees it is responsible for keeping its e-mail address registered with Toast accurate and up to date.

Merchant acknowledges and agrees that by its representative clicking on the “I Agree”, the “Submit” or similar button on the Toast website or the Toast Platform or a Toast App, and associated with any electronic document authorizing Toast to provide the Services to Merchant, Merchant is indicating its intent to sign the relevant terms or policy. Merchant also agrees that its representative clicking on these buttons on the Toast website or the Toast Platform or in a Toast App shall constitute Merchant’s electronic signature by an authorized representative of Merchant to such document displayed with the buttons and relating to the Services. Merchant further agrees that its representative’s electronic signature on such documents has the same legal effect under Applicable Law and Rules as if an authorized representative of Merchant signed the documents in ink on paper.