Terms and Conditions UK

GENERAL TERMS & CONDITIONS – UK

These terms of service (collectively “Terms”) are a legal agreement between you, either an individual or a single legal entity (“You” or “you”), and Orducloud Limited, a company registered in the United Kingdom company number: 15909733 (“Ordu”). These Terms govern your use of any Ordu services (“Services”), the Ordu web site, on line ordering platform and mobile applications (“Platform”), the client software distributed with this Agreement and any other software provided by Ordu, including any updates and any accompanying documentation (“Software”) and the client hardware distributed with this Agreement (“Hardware”). Collectively, the Software, the Platform, the Hardware and the Services may be referred to as the “Products”. By clicking the “I AGREE” or similar button, by signing this Agreement or an Addendum to Agreement or by using any Products, you agree to these Terms. If you do not agree to these Terms, then do not indicate acceptance and do not use the Products. If you agree to these Terms on behalf of a legal entity, you represent that you have the authority to bind that legal entity to these Terms.

1. PRODUCTS

The Products are provided by Ordu and are governed by the Addendum to Agreement between you and Ordu in addition to the Terms.

2. YOUR OBLIGATIONS.

You agree to do each of the following: (i) comply with applicable law (ii) pay when due the fees for the Products, (iii) use reasonable security precautions in light of your use of the Products, (iv) cooperate with Ordu’s reasonable investigation of outages, security problems, and any suspected breach of the Agreement, (v) keep your billing contact and other account information up to date; and (vi) immediately notify Ordu of any unauthorised use of your account or any other breach of security.

3. PASSWORDS & SECURITY

You are responsible for keeping your passwords secure, and you agree not to disclose your passwords to any third party. You are solely responsible for any activity that occurs under your user names and accounts, including any sub-accounts. If you lose your passwords or the encryption keys for your accounts, you will not be able to access your data. You must notify Ordu immediately of any unauthorised use of your accounts or any other security breach related to the Products. If Ordu determines that a security breach has occurred or is likely to occur, Ordu may suspend your accounts and require you to change your user names and passwords.

4. ACCOUNTS, COMMISSION AND FEES

Commission and fees will be charged to your account as per the agreed fee schedule contained in the Addendum to Agreement and all commission and fees are exclusive of all VAT, federal, provincial, state or other governmental sales, goods and services, fees or charges in force at any time (Taxes).

All sales processed by Ordu through the use of the Products during a monthly sales period shall be transferred within five (5) working days of the sales period to your designated bank account less all commission and fees plus Taxes if applicable.

Commission and fees are billed on a monthly basis. You will be invoiced by email. Any disputes regarding an invoice must be raised within ten (10) days of the date of the invoice, otherwise it will be deemed accepted by you in all respects.

Ordu shall receive the commission rate and fees, as set out in the Addendum to Agreement, on all orders processed by Ordu.

The term of this Agreement shall be 12 months from the first use of the Products or the signing of this agreement or Addendum to the Agreement. To terminate the Products, you must give Ordu six months’ notice of your intention to do so.

Ordu may change the renewal price of the Products as of the next renewal date and we will provide you with prior notice if we do so.

5. USE OF PRODUCTS

Subject to these Terms, Ordu grants you a limited, non-exclusive, non-transferable and revocable licence to access the Platform and use the Services, the Hardware and the Software for the duration of this Agreement.

You acknowledge that Ordu or third parties own all right, title and interest in and to the Products, including all intellectual property rights. Except for the licence granted in these Terms, Ordu and its licensors retain all rights in the Products, and no implied licences are granted to you. You grants Ordu a non-exclusive royalty free license to use your trademarks, trade names, menus and logos for the duration of the Agreement.

You specifically agree that you will not, nor will you permit another person to (without the express written consent of Ordu):

sub-licence, lease, rent, loan, transfer or distribute any portion of the Products;
modify, adapt, translate or create derivative works from the Products;
decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Products; or
remove, obscure or alter any trademark, copyright or other proprietary rights notices displayed in the Software or on the Platform.

6. FEES, COMMISSION AND PAYMENT

If the fees and commission are not paid in accordance with the agreed payment terms as per the Addendum to Agreement or otherwise for the Products, Ordu reserves the right to terminate the Service and Products. Cancellation will terminate the license and will deny you and your designated users access to, and use of the Platform and Services. Ordu may terminate the Products with or without prior notice if you fail to comply with any of these Terms.

7. TERMINATION FOR BREACH

We may terminate the Agreement for breach on written notice if: (i) we discover that the information you provided to us about yourself or your proposed use of the Products was materially inaccurate or incomplete, (ii) if you are an individual, you were not at least 18 years old or otherwise did not have the legal capacity to enter into the Agreement, or if you are an entity or fiduciary, the individual did not have the legal right or authority to enter into the Agreement on behalf of the person represented to be the customer, (iii) your payment of any invoiced amount is overdue, and you do not pay the overdue amount within thirty (30) days of our written notice, (iv) you fail to comply with any other provision of the Agreement and do not remedy the failure within thirty (30) days of our notice to you describing the failure. Upon expiration or termination of Service, you shall immediately cease all use of the Products and destroy all copies of the Software and relevant documentation.

8. ILLEGAL USE

You shall not use the Products for the storage, possession, creation or transmission of any information, which violates any law, statute, ordinance or regulation or that, may in any manner injure any party or property. Such uses include but are not limited to use of the Products for stolen materials, obscene materials or child pornography. Information which is defamatory, libellous, unlawfully threatening or unlawfully harassing, is obscene or indecent in violation of applicable law, or any use intended to damage any system or data including the propagation of viruses, worms, Trojans or other such programs.

9. INTELLECTUAL PROPERTY PROTECTION

Ordu respects the intellectual property of others and requires that users of the Products do the same. When you use the Products, you may not upload, store, share, display, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.

10. USER INDEMNITY

You agree to defend, indemnify and hold Ordu, its suppliers, resellers, partners and their respective affiliates harmless from and against any claims, liabilities, damages, losses and expenses, including reasonable legal fees and costs, in connection with:

your use of the Products;
your breach of these Terms;
your infringement of any third party right, including any intellectual property right; or
any claim that use of your data caused damage to a third party.

This indemnity obligation will survive the termination or expiration of your account and these Terms.

11. DATA PROTECTION

Each of us agrees to comply with our respective obligations under the Data Protection Acts and GDPR regulations (the “Acts”) as applicable to personal data that it controls or processes as part of, or in connection with, its use or provision of the Products. Specifically, but without limitation, you must comply with the Acts as it relates to personal data that you store or transfer in your use of the Products. In the event that an external agency requests data from Ordu, Ordu will contact you with details of such request however Ordu will comply with any obligation enforced on it by law or otherwise.

12. WARRANTIES, INDEMNITY AND DISCLAIMERS:

12.1 Nothing in these terms and conditions excludes, restricts or affects your statutory rights.

12.2 The Service will be provided to you with reasonable skill and care. In this context, you specifically acknowledge and accept that the Service, as with other internet applications, is not capable of being 100% secure and Ordu makes no representation or warranty that the Products will be uninterrupted or error-free, or that the Products are free of viruses. All implied conditions, guarantees and warranties are expressly excluded to the maximum extent permitted by law.11.3 Ordu excludes all and any liability arising from the supply of, or failure, interruption or delay in the supply of, any of the Products; the appropriateness of the Products for any particular purpose; the incorrect, inaccurate or delayed transmission of any transaction; or your use of the Products.

12.3 Ordu excludes all and any liability arising from the supply of, or failure, interruption or delay in the supply of, any of the Products; the appropriateness of the Products for any particular purpose; the incorrect, inaccurate or delayed transmission of any transaction; or your use of the Products.

12.4 In the event that you have a dispute with one or more users or third parties of the Products, you hereby release Ordu its shareholders, directors, employees, agents and successors from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or services.

12.5 TO THE FULLEST EXTENT PERMITTED BY LAW, Ordu AND ANY THIRD PARTY SOFTWARE AND SERVICE SUPPLIERS, EXCLUDE ALL OTHER EXPRESS OR IMPLIED TERMS AND CONDITIONS, CONDITIONS, WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO THE PRODUCTS INCLUDING WITHOUT LIMITATION THOSE AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND ANY WARRANTIES OR OTHER TERMS REGARDING THE AVAILABILITY, SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE OR SERVICES.

12.6 Ordu SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM THE ILLEGAL, INCORRECT OR INAPPROPRIATE USE OF THE PRODUCTS AND/OR OTHER MATERIALS BY YOU OR ANYONE ELSE USING YOUR ACCOUNT.

Ordu MAY REQUIRE YOU TO REIMBURSE US FOR ANY REASONABLE AND FORESEEABLE LOSSES, COSTS, EXPENSES, DAMAGES OR OTHER LIABILITY THAT Ordu INCURS AS A DIRECT RESULT OF THE MISUSE OF THE PRODUCTS AND/OR ANY OTHER MATERIALS EITHER BY YOU OR BY SOMEONE USING YOUR ACCOUNT. FOR THE PURPOSE OF THIS PARAGRAPH, “MISUSE” SHALL BE CONSTRUED AS INCLUDING (I) ANY USE OF THE PLATFORM, THE SOFTWARE, THE SERVICE AND/OR OTHER MATERIALS THAT IS IN BREACH OF THIS AGREEMENT (INCLUDING THE PRIVACY POLICY); AND/OR (II) ANY USE OF THE PLATFORM, THE SOFTWARE, THE SERVICE AND/OR OTHER MATERIALS IN CONNECTION WITH WHICH Ordu IS REQUIRED TO DEFEND ITS OWN INTERESTS BEFORE A COURT, GOVERNMENT AGENCY, INDUSTRY REGULATOR, SELF-REGULATORY BODY OR SIMILAR MEMBERSHIP ORGANISATION, OR DISPUTE RESOLUTION BODY AND/OR INCURS ANY LOSSES, COSTS, EXPENSES, DAMAGES OR OTHER LIABILITY IN CONNECTION WITH ANY THREATENED OR ACTUAL CIVIL, CRIMINAL OR ADMINISTRATIVE PROCEEDINGS.

13. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL Ordu, OR ITS EMPLOYEES, SHAREHOLDERS, DIRECTORS, SUPPLIERS, RESELLERS, PARTNERS OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE PRODUCTS, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF Ordu HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

WITHOUT LIMITING THE FOREGOING, SAVE IN THE CASE OF DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, OR WHERE WE HAVE ACTED FRAUDULENTLY, THE TOTAL AGGREGATE LIABILITY OF Ordu, AND ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT WITHIN THE TERM OF THE AGREEMENT, IF ANY, PAID BY YOU TO Ordu FOR THE PRODUCTS.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS, FROM INABILITY TO USE THE SOFTWARE OR SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE OR SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

THE PRODUCTS ARE NOT INTENDED FOR USE IN CONNECTION WITH ANY NUCLEAR, AVIATION, MASS TRANSIT, OR MEDICAL APPLICATION OR ANY OTHER INHERENTLY DANGEROUS APPLICATION THAT COULD RESULT IN DEATH, PERSONAL INJURY, CATASTROPHIC DAMAGE, OR MASS DESTRUCTION, AND YOU AGREE THAT Ordu WILL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE OF THE PRODUCTS.

14. MISCELLANEOUS PROVISIONS

14.1 You acknowledge and agree that the Software which is the subject of this Agreement, may be controlled for export purposes. You agree to comply with all United States export laws and regulations. You assume sole responsibility for any required export approval and/or licenses and all related costs and for the violation of any United States export law or regulation. If you are located in a country subject to embargo by the United States government, you are not entitled to use the Products.

14.2 This agreement will be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any conflict of laws and provisions that would require the application of the laws of any other jurisdiction.

14.3 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

14.4 The failure of Ordu to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement and the Addendum to Agreement will continue in full force and effect.

14.5 This Agreement and the Addendum to Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement and the Addendum to Agreement will be effective only if in writing and signed by Ordu.

14.6 All disputes arising out of this Agreement will be subject to Irish law and the parties agree and submit to the personal and exclusive jurisdiction and venue of the Irish courts, except that nothing will prohibit Ordu from instituting an action in any court of competent jurisdiction to obtain injunctive relief or protect or enforce its intellectual property rights.

14.7 You may not assign or transfer any of your rights or obligations under this Agreement to a third party without the prior written consent of Ordu. Ordu may freely assign this Agreement. Any attempted assignment or transfer in violation of the foregoing will be void from the beginning.

14.8 Ordu reserves the right to make amendments to these Terms. You will be responsible for checking for any updates to these terms as notification of amendments may not be otherwise provided. You agree to be bound by any amended Terms whether or not you have read the new Terms.

14.9 FORCE MAJEURE: Neither of us will be in violation of the Agreement if the failure to perform the obligation is due to an event beyond our control, such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organised labor action, terrorism, or other events of a magnitude or type for which precautions are not generally taken in the industry.

14.10 No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.

Updated on 18th Dec 2024

V.1 UK

Ordu Loyalty & Rewards System Terms and Conditions of Use:

Definitions:

Application: The OrduCloud software application, including its web interface, mobile app, and associated software or devices.
Business: A business or entity utilizing OrduCloud services, specifically the OrduCloud Loyalty & Rewards System.
User: An individual utilizing OrduCloud services as a consumer within the Loyalty & Rewards System.
OrduCloud: OrduCloud Limited, its website, application, associated software, and devices.
Reward Threshold: The predefined limit or point at which a Business has decided to issue a reward for loyalty earned by a User.

By accessing OrduCloud’s website, the OrduCloud app, associated software, and/or devices, you agree to be bound by these Terms and Conditions of Use (“Terms”), all applicable laws and regulations. You also agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing this site, the Application, and/or software services. The materials contained within are protected by applicable copyright and trademark law.

These Terms and Conditions apply to your access to and participation in the OrduCloud Loyalty & Rewards System (either as a Business or User) in participating outlets, which is operated by OrduCloud Limited of 20 Wenlock Road, London, England, N1 7GU (the “Terms and Conditions”).

License

OrduCloud User: Subject to these Terms, we grant you a limited, revocable, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to download, install, and use the OrduCloud App on a device (whether mobile or other) owned or controlled by you, solely for your private, personal, and non-commercial use.

Business using OrduCloud: Subject to these Terms, we grant you a limited, revocable, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to download, install, access, and use the OrduCloud Web App and merchant app on a device (whether mobile or other) owned or controlled by you or your Business, solely for your business commercial use. Specific information will be required during onboarding.

Usage

Permission is granted to temporarily download one copy of the materials (information, software, or application) on the OrduCloud website or from official app stores for personal (non-commercial) or commercial (Business Web App, OrduCloud Merchant App) transitory use only.

This is the grant of a license, not a transfer of title. Under this license, you may not:

Modify or copy the materials.
Use the materials for any commercial purpose, or for any public display (commercial or non-commercial) if you are an OrduCloud User for personal loyalty purposes.
Attempt to copy, decompile, or reverse engineer any software contained on OrduCloud’s website or App.
Remove any copyright or other proprietary notations from the materials.
Transfer the materials to another person or “mirror” the materials on any other server.
Circumvent or manipulate the operation or functionality of the OrduCloud App and website, or attempt to enable features or functionalities that are otherwise disabled, inaccessible, or undocumented.
Breach the security of the OrduCloud App or identify any security vulnerabilities in it.
Use or attempt to use robots, crawlers, and similar applications or methods to collect, scrape, or compile content from the OrduCloud App.
Engage in any activity that constitutes or encourages conduct that would be a criminal offense, give rise to civil liability, or otherwise violate any applicable law, including laws governing privacy, defamation, mass email, spam, export control, consumer protection, unfair competition, and false advertising.
Business accounts utilizing OrduCloud may only use the data collected by OrduCloud on their behalf through OrduCloud channels only.
Transfer of data to third-party channels or entities, including but not limited to email, text/SMS, or social media pages, is prohibited. Suspicion of such usage or behavior will result in immediate termination of your access to OrduCloud and its services.
Business Users can only communicate with customers they have gained on the OrduCloud platform, through the OrduCloud platform, and not on any other service, platform, or provider.

This license shall automatically terminate if you violate any of these restrictions or terms within this policy and may be terminated by OrduCloud at any time. Upon terminating your access to OrduCloud’s services or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.

Information Required for Use

Downloading the OrduCloud App as a User: The following information is required to download OrduCloud’s App and services:

Full Name
Date of Birth
Email
Gender
Mobile Number

This information is required to generate a unique QR code for OrduCloud Users to use in-store to collect rewards.

Using the OrduCloud App and associated Web App and Website as a Business: The following information is required to use OrduCloud’s App and services:

Full Name
Business Name
Email
VAT Number
Mobile Number
Locations of your business outlets

OrduCloud Loyalty & Rewards Features

OrduCloud’s website, application, and associated software or devices include, without limitation, the following features:

Collecting Loyalty

You may collect points (e.g., 1 point for every euro spent on qualifying purchases) or stamps (e.g., one stamp per item purchased, subject to business terms).
Scan your OrduCloud QR Code/loyalty card at the time of purchase to receive points or stamps to your OrduCloud Account for use in the Business where you collected them. It is the responsibility of the Business to issue the correct stamps or points to you.
Stamps or points will convert to a reward once you have reached the Reward Threshold as defined by the Business.
Credit may not be awarded where a free gift, promotion, or loyalty reward is being redeemed (e.g., a 10th free coffee or a redeemed welcome promotion). This is, however, at the discretion of the Business using OrduCloud in-store for customer loyalty purposes.

Redeeming Rewards In-Store: The issuance, redemption, usage, and collection of Loyalty is solely between the User and the Business utilizing OrduCloud as a loyalty distribution system. OrduCloud is not responsible for a Business altering its offering, whether that is the Reward Threshold or the reward issued at that threshold, at the time the OrduCloud User opted into the Loyalty program of a participating Business. The Loyalty program on offer from a Business is under their control, and their offering is tailored accordingly.

To redeem a reward:

Scan your unique OrduCloud QR code in-store via an Ordu Kiosk.
If you are due a reward, this will be visible on the Ordu App/Website/Kiosk to the Business owner offering OrduCloud.
If eligible, you will be offered a reward. Once received, your OrduCloud loyalty card will be refreshed (e.g., a stamp-based loyalty card restarted), or if operating points-based loyalty, you will progress to the next Reward Threshold.

Non-Transferable, Non-Refundable, No Cashback All funds, points, or credits loaded, received, or issued onto OrduCloud Loyalty apps are non-transferable to other accounts, non-refundable, and can only be redeemed in-store for Businesses utilizing OrduCloud. There is no cash-back facility.

Referrals: OrduCloud may operate a referral program where a successful referral may result in a reward. Please refer to the specific “OrduCloud Referral Program Policy” for details.

Loss, Theft, Fraudulent, or Unauthorized Use

If you lose your device hosting the OrduCloud Loyalty App or it is stolen, damaged, or malfunctions, OrduCloud is not responsible for replacing or transferring the balance stored on it to a replacement OrduCloud account. You will have a unique OrduCloud account containing all your collected loyalty. Once you download the App onto a new device, this loyalty data will still be available unless it has been spent by an individual with access to your OrduCloud account. In the event this has occurred, OrduCloud will take no responsibility in reimbursing the lost rewards, points, or stamps existing on the individual’s account.

General Offers and Promotions

OrduCloud and Businesses utilizing OrduCloud’s services may, at their sole discretion, determine that certain benefits, promotions, or offers shall apply to registered OrduCloud members, or to certain groups of members. This may be due to specific or targeted marketing campaigns or certain offers. By signing up to use OrduCloud as an app, you agree that certain promotions, offers, or rewards may be provided to certain individuals on the OrduCloud App and not the entire user base.

Disclaimer

The materials and services provided by OrduCloud are provided “as is.” OrduCloud makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, OrduCloud does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website, applications, services, or otherwise relating to such materials or services or on any sites linked to OrduCloud Limited.

OrduCloud is a service provider to Businesses and Users who seek to engage with OrduCloud’s services.

OrduCloud is not responsible for the dealings between customers and businesses, nor liable for items, including but not limited to:

Points or stamp issuance from Business to User.
Redemption and/or usage of stamps or points.
Promotion issuance and/or usage of promotions.
Lost points or stamps due to network issues or issues on behalf of the User or Business.
Rectifying incorrect issuance, usage, or redemption of points and/or stamps, and/or promotions in-store.
Rectifying loss of stamps, points, and/or promotions or offers.
Ensuring communications utilizing OrduCloud between Businesses and Users are successful, usable, and/or interpretable.
The physicality of the OrduCloud scanner or promotional material in-store.
Upkeep of the device used to download and use the OrduCloud application and/or service.
Timing of or expiry of offers, promotions, points, stamps, discounts issued from merchants or Businesses to OrduCloud Users.
Change of Loyalty offering from Business to User, such as changing the reward limits/threshold and/or reward details and/or reward type. For example, a Business changing their offering from “collect 7 stamps and get a free item” to “collect 10 stamps and get a free item.”

It is the sole responsibility of the Business to ensure the OrduCloud scanner and supporting material, including but not limited to signage, posters, and stands, are ergonomically safe.

By signing up to OrduCloud, you agree to the terms as set out in the Privacy Policy and the usage of information and data between you and the OrduCloud app, its website, partners, and participating Businesses.

Limitations

In no event shall OrduCloud, its suppliers, or partners, be liable for any damages (including, without limitation, damages for loss of data, benefit, or profit, or due to business interruption) arising out of the use or inability to use the materials or services on OrduCloud’s website or application, even if OrduCloud or an OrduCloud authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. If one or more of these limitations are restricted by jurisdiction, all other limitations, Terms, and Conditions within this document will still apply.

Revisions and Errata

The materials appearing on OrduCloud’s website and App could include technical, typographical, or photographic errors. OrduCloud does not warrant that any of the materials on its website or App are accurate, complete, or current. OrduCloud may make changes to the material, format, offering, design, User Interface, and User Experience on the OrduCloud App, Web App, or Website at any time without notice. OrduCloud does not, however, make any commitment to update said features.

Third-Party Features, Options, and Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site, OrduCloud App, OrduCloud Web App, OrduCloud Website, or Devices with any OrduCloud software or service installed is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Site Terms of Use Modifications

OrduCloud may revise these terms of use for its website and application at any time without notice. By using OrduCloud’s website, application, and associated software or devices, you are agreeing to be bound by the then-current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to OrduCloud’s website, application, and associated software services or devices shall be governed by the laws of United Kingdom without regard to its conflict of law provisions.

OrduCloud reserves the right to be governed by the laws of the state in which the claim originated if it occurs outside of .

General Terms and Conditions Applicable to Use of a Website, and Associated Software or Devices

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site or services.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination; and/or accordingly, we may deny you access to our Services (or any part thereof).

OrduCloud and Businesses using OrduCloud, may at any time, at their sole discretion, terminate or suspend the operation of the App, its services, features, or any part thereof, temporarily or permanently. Efforts will be made to publish a termination or suspension notice with reasonable time beforehand. You agree and acknowledge that OrduCloud and its partners do not assume any responsibility with respect to, or in connection with, the termination or suspension of the App’s operations, services, or features.

You may terminate these Terms at any time by uninstalling the App from all devices in your possession or control. We may terminate these Terms and your license to use the App at any time by issuing you notice of such termination or in any other manner contemplated by these Terms. Upon termination by OrduCloud, you must discontinue any use of the App and uninstall the App from all devices in your possession or control.

Upon termination of the App’s operation or any service or features provided by the App, any benefits or rights to benefits which you have earned during the usage of the App may expire immediately, subject to the sole discretion of OrduCloud, without giving rise to any liability of OrduCloud. Removal of the Mobile App does not automatically unsubscribe you or remove you from the OrduCloud service; this will only be completed by deleting your account.

OrduCloud reserves the right to terminate and/or suspend OrduCloud Business Users for late payment, no payment, or breach of any terms within these Terms of Service.

App Availability

The availability and functionality of the App depend on various factors, including software, hardware, and communication networks that are provided by third parties. These factors are not fault-free. OrduCloud DOES NOT WARRANT THAT THE APP AND SERVICES WILL OPERATE WITHOUT DISRUPTION, ERRORS, OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS OR UNAUTHORIZED ACCESS.