Under what circumstances will Punchh have no liability for noncompliance with documentation or warranties related to Dq Treat's use of the platform?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
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, the platform provider, has specific limitations regarding its liability for noncompliance with documentation or warranties. Punchh will not be held liable if the noncompliance is a result of actions or inactions by the Dq Treat franchisee (referred to as 'Customer') or their authorized users. This includes any negligence, misuse, or improper use of the Punchh Platform or any Promotional Programs by the franchisee or someone acting on their behalf.
This means that Dq Treat franchisees are responsible for ensuring they and their staff use the Punchh platform and promotional programs correctly and in accordance with provided documentation. If a franchisee's misuse leads to noncompliance issues, Punchh is not liable. This highlights the importance of proper training and adherence to guidelines when using the platform.
This clause protects Punchh from liability arising from the franchisee's operational errors or intentional misuse of the platform. However, it also places a responsibility on Dq Treat franchisees to ensure they understand and properly utilize the platform to avoid potential issues. Franchisees should seek clarification from Punchh or Dq Treat if they are unsure about any aspect of the platform's use or the promotional programs.