Postmates Merchant Agreement

This agreement (the “contract”) is a legal agreement between the trader who is exposed on the registration page (“trader” or “trader”) and MunchEm, Inc. (“MunchEm”). This agreement sets out the conditions under which you can access the platform and use it and order additional products and services. Please read this agreement carefully before accessing the platform or ordering additional products and services, as by accessing the platform, ordering additional products and services, clicking “I agree” or otherwise accepting the terms of this agreement. If you do not accept (or cannot meet) all of the terms of this Agreement, do not access the platform or use it or order additional products or services. The person executing this agreement on behalf of Merchant indicates that he or she is an authorized representative of the distributor, who is able to engage the distributor in this agreement. The inability of one of the contracting parties to exercise a right in any capacity does not constitute a waiver of other rights under that contracting party. Neither party is liable to the other party for the non-compliance with its obligations under this framework, to the extent that this omission results from a cause beyond its proper control. If a provision of this agreement proves unenforceable or invalidated, that provision is limited or removed to the minimum necessary to ensure that, otherwise, the agreement remains fully in force and remains effective and applicable. This agreement cannot be ceded, transferable or under-authorized by any of the contracting parties unless the other party has given its prior written consent, with the exception of a successor for all or essentially all of that party`s assets or transactions (for which the other party`s agreement is not required). This agreement is concluded in the State of Florida and is subject to the national laws of the State of Florida and is interpreted accordingly without its principles of conflict of laws taking effect.

Any dispute motivated or related to a delay of one of the parties in the performance of its obligations under this framework is exclusively subject to arbitration proceedings in Orlando, FL, in accordance with the rules and procedures of the AAA and enforceable before a competent court. Each party irrevocably submits to the jurisdiction of such arbitration and irrevocably accepts any decision taken.