Does Punchh warrant that no malicious content will be included in the Services provided to Dq Treat?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
Punchh further represents and warrants that: (i) the Platform, and the use thereof by Customer and its Authorized Users as contemplated and authorized in this Agreement, does not infringe upon the Intellectual Property Rights of any third party; (ii) Punchh has the right and authority to enter into and be bound by this Agreement; (iii) the Professional Services will be performed in a good and workmanlike manner; (iv) the Services and Professional Services will comply with all Applicable Laws; (v) no malicious or detrimental content will be included in the Services; and (vi) the Services and Professional Services will substantially conform in all material respects to any Documentation provided with the Services or Professional Services, this Agreement, or the applicable Orders.
Punchh will have no obligation or other liability with regard to any noncompliance with the Documentation or these representations and warranties that is caused by Customer's or its Authorized User's actions or inactions, including any negligence or the misuse or improper use of the Platform or any Promotional Programs by or on behalf of Customer.
Source: Item 17 — The following paragraph is added to the end of Item 17 of the Disclosure Document: (FDD pages 70–378)
What This Means (2025 FDD)
According to Dq Treat's 2025 Franchise Disclosure Document, Punchh does provide a warranty regarding malicious content in the services they provide. Specifically, Punchh represents and warrants that "no malicious or detrimental content will be included in the Services". This warranty is part of a broader set of representations Punchh makes concerning the quality and legality of its platform and services.
This warranty is important for prospective Dq Treat franchisees because it offers some assurance that the technology services they receive from Punchh will be safe and free from harmful elements. However, the FDD also clarifies that Punchh is not liable for issues arising from the franchisee's own actions or misuse of the platform. This means that Dq Treat franchisees need to ensure they and their authorized users are properly trained and compliant with the platform's terms of use to maintain the validity of this warranty.
It is also important to note that the representations and warranties outlined in the agreement between Punchh and the franchisee are the sole and exclusive warranties provided. Dq Treat franchisees should be aware of the limitations and disclaimers included in the agreement, as Punchh disclaims all other representations and warranties to the fullest extent permitted by law. This includes implied warranties of merchantability and fitness for a particular purpose, which are common in many service agreements. Therefore, franchisees should carefully review the entire agreement to understand the full scope of Punchh's obligations and potential liabilities.