I work with multiple restaurants proving online ordering. Currently each restaurant is on their own and using us as a SaaS.

I am considering going more the marketplace route and having them all on one site and available for ordering.

Even though they are all on software and platform, I am still just providing the software so they can have commission free ordering. DD and Uber will still be our delivery companies since we use them as a flat rate.

Will this open me up for more issues and cause me to be looked at as a Marketplace along the lines of DD/Uber or can I still consider myself just a software provider and if there are issues with food, orders, deliveries and such continue to have that fall on the restaurant. If it matters, each restaurant processes their own payments and handles all of their finances. I am only paid for my software.

CC09LawAg said:

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I am not sure if it's more insulting or more humorous that you expect this question to be answered 1.) for free and 2.) based off of only the information provided.

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Not necessarily for free, leave me your contact info and I will reach out for a consult. I know people charge for services and I am fine paying for them.

To me its a simple question, but I know on the legal nothing is ever simple. That is why I have stayed away from that model in what I currently offer.

Pinochet said:

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There is so much more to this than what you're asking. Are you the merchant of record or a payment facilitator (that's a legal and a tax question)? Are you taking a fee or do you take all the money and forward some cut back to the restaurant? Who collects sales tax and is that the right party? Should someone be treated as a reseller? Call a lawyer and a tax pro with experience in indirect tax issues like this.

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Thank you for the questions to look into.