factual

Regarding OLO's services for Carls, what assurances are given about the consistency of service provision with industry standards?

Carls Franchise · 2024 FDD

Answer from 2024 FDD Document

  • that (i) it will provide the Services in a manner consistent with general industry standards reasonably applicable to the provision thereof, and (ii) its Security Policy will be no less stringent throughout the Term, and for two (2) years following the termination of this Agreement, than is as described at www.olo.com/security-policy; (iii) the Licensed Applications will be free from viruses or other disabling features and perform in all material respects to the applicable documentation for each Licensed Application.
  • 5.2. OLO MAKES NO REPRESENTATION OR WARRANTY OTHER THAN THOSE SET FORTH IN THIS AGREEMENT. THE WARRANTIES STATED IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Source: Item 23 — RECEIPTS (FDD pages 80–480)

What This Means (2024 FDD)

According to Carls's 2024 Franchise Disclosure Document, Olo, a third-party provider, offers e-commerce, delivery enablement, and payment solutions to Carls franchisees. Olo assures that it will provide services consistent with general industry standards reasonably applicable to the provision thereof. Olo also warrants that its Security Policy will be no less stringent throughout the term of the agreement and for two years following its termination, as described at www.olo.com/security-policy. Additionally, Olo guarantees that the Licensed Applications will be free from viruses or other disabling features and will perform in all material respects according to the applicable documentation for each Licensed Application.

However, the agreement also states that Olo makes no other representations or warranties beyond those explicitly outlined in the agreement. The warranties provided are in place of all other warranties and conditions, whether expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. This means that Carls franchisees should be aware that Olo's liability is limited to the specific warranties provided in the agreement, and they may not have recourse for issues not covered by these warranties.

Carls franchisees should carefully review the terms and conditions of the agreement with Olo, particularly the sections regarding warranties, limitations of liability, and termination. Understanding these provisions is crucial for assessing the potential risks and benefits of using Olo's services. Franchisees should also visit www.olo.com/security-policy to understand the specifics of Olo's security measures. Franchisees should seek clarification from Carls or Olo on any aspects of the agreement that are unclear or concerning.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.