Terms & Conditions.

Introduction

Access to, use of, placing of an order, linking to the Ordú Platform, use of software or downloading software (“access”) is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the ORDÚ Platform (“Terms of use”).

Your Access to the ORDÚ Platform constitutes your agreement to be bound by the Terms of Use. We reserve the right to amend the Terms of Use at any time. Your continued use of the ORDÚ Platform will mean that you agree to the amended Terms of Use.

The Terms of Use of the ORDÚ Platform do not affect your statutory rights as a consumer. “You”, “Your”, “User” means the person using this ORDÚ Platform and subject to these Terms of Use.

“ORDÚ Platform” means our mobile applications and/or websites and/or APIs.

“ORDÚ”, “We”, “Us”, or “Our” means ORDÚ which is the the trading name for OrdúCloud Limited a company registered in Galway, Ireland.

ORDÚ may update or revise this Agreement, including any ORDÚ Policies, from time to time. You agree that you will review this Agreement periodically and that your continued use of the ORDÚ service demonstrates your acceptance of the updated terms.

Our Purpose

We provide a way for you to communicate your orders (“Orders”) for products (“Products”) to delivery or takeaway restaurants (“Restaurants”) displayed on the ORDÚ Platform (this also includes the “website”).

The purpose of this ORDÚ Platform is to provide a simple, convenient and cost-effective service to users, linking them to restaurants in their area that offer food for delivery or collection. Interactive menus allow customers to build and submit orders. We also provide products and services to restaurants and other hospitality related businesses to help them market and manage their business.

Limitation of Liability

To the extent permitted by law, ORDÚ provides this ORDÚ Platform and content on an “as-is” and “as available” basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of this ORDÚ Platform, or that it will be timely or error-free, that defects will be corrected, or that the ORDÚ Platform or server that makes it available are free of viruses or other harmful components.

Subject to the previous paragraph, neither ORDÚ nor ORDÚ directors, officers, agents, employees or contractors shall have any liability for any direct, indirect, special or consequential losses or damages (including without limitation, damages for loss of business or loss of profits), arising in contract, tort or otherwise from the use or inability to use this ORDÚ Platform.

We will not be held responsible for the food, drink or product delivered by partner restaurants. We are an intermediary that helps users to communicate their orders. We hold no responsibility for errors made leading to personal harm, injury, allergic reactions, or death. As much as we try to ensure that our partner restaurants maintain the highest standards possible, the nature of our business means that we cannot be held responsible for the quality of the product. This is the sole responsibility of the individual restaurants. Nothing in these terms shall exclude or limits liability for death or personal injury resulting from our negligence or that of our agents or employees.

Intellectual Property

You may not republish, display, modify, broadcast, print, copy, reproduce, download, transmit or re-use the materials from this ORDÚ Platform for anything other than personal, non-commercial use, including in particular any purpose which publicly re-sells or re-uses the materials, without the prior written consent of the copyright holder.

All copyright, trademarks and other intellectual property rights in this ORDÚ Platform and its content (including without limitation the ORDÚ Platform design, text, graphics, logos, icons, images and all software, databases and source code connected with the ORDÚ Platform) are owned by or licensed to ORDÚ or otherwise used by ORDÚ as permitted by law.

Indemnity

You must indemnify and hold harmless ORDÚ, its directors, officers, employees, agents, vendors, advertisers, partners and suppliers and keep them indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from your Access to and use of this ORDÚ Platform, any breach or violation of the Terms of Use of this ORDÚ Platform or your violation of any law or your violation of the rights of any third party.

Availability

This ORDÚ Platform may be unavailable at certain times to allow for maintenance and upgrades. Although we will endeavour to notify customers in advance of any service unavailability, this cannot be guaranteed and we reserve the right to alter or withdraw the service at any time.

Third Party Sites

This ORDÚ Platform may contain links to other websites. Those websites are not under the control of ORDÚ and we are not responsible for the practices, content or availability of such websites. A link does not imply endorsement of, sponsorship of, or affiliation with the linked site. We provide the links as a convenience only. If you decide to access linked third party websites, you do so at your own risk, and we will not be held responsible or liable for any loss or damages caused by use of or reliance on any contents, goods or services available on such websites. You may provide a non-framed link to this ORDÚ Platform or website from any other business or service website but not in any way which gives the impression that we are associated with or have approved such other site, unless expressly agreed to by ourselves in writing.

Limitations of Use

This ORDÚ Platform is intended to be accessed by persons located in the EU and we make no representation that any information, materials or functions included in this ORDÚ Platform are appropriate for use in any other jurisdiction.

By using this ORDÚ Platform, you warrant that any personal information provided by you is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by updating your member profile on the ORDÚ Platform or by contacting us at GDPR@Ordu.io.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

To use our service you must be over 18 years of age.

You are not allowed to register multiple memberships for use by the same person. Violation of this clause may result in termination of your membership.

You may not use the ORDÚ Platform for any unlawful or unauthorised purpose, including without limitation:

Transmitting material that constitutes a criminal offence, results in civil liability or otherwise breaches any laws, regulations or codes of practice.
Interfering with any other persons use or enjoyment of the ORDÚ Platform.
Damaging, disabling or impairing the operation of this ORDÚ Platform or attempting to gain unauthorised access to this ORDÚ Platform or to networks connected to it, through hacking, spoofing or other such similar means.
Distributing any unlawful, libellous, abusive, threatening, harmful, obscene or otherwise objectionable material.

You may not access the services, use the app or website if you are our direct competitor, or an agent of our direct competitor, except with our express prior written consent. In addition, you may not access our services or use the app or website for the purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

User Submissions

We do not solicit nor wish to receive any confidential, proprietary information, creative materials, ideas or suggestions from you other than those we specifically request.

If you do send to us by email or otherwise, any communication or material, you represent and warrant that the information and material is original to you, and you will be deemed to have granted us a perpetual, world-wide, royalty-free license to use such communications or material in any way we see fit and we will be free to use any such material or information contained in communications you send for any purpose whatsoever.

Orders

ORDÚ accepts no responsibility or liability for the quality or quantity of any goods delivered by or collected from said third parties. It is the responsibility of the customer to thoroughly check the supplied goods before accepting an order.

All questions regarding goods shown on this ORDÚ Platform should be directed to the partner restaurant.

Please note that when we say your order has been ‘confirmed’ within the ORDÚ Platform this means that we have acknowledgement of your order, and the restaurant still has the right to decline the order.

Acceptance of your order will only occur on the ORDÚ Order Confirmation page confirming that the restaurant has received and accepted your order. If the restaurant is unable to fulfil your order you will either receive an email/SMS/phone call or other notification stating that your order has been declined or a ‘Rejected’ status will appear on the ORDÚ Order Confirmation page.

All food preparation and deliveries are the sole responsibility of the restaurant partner accepting the order. Incorrect personal details may lead to problems or delays in delivery, so please ensure that you have included your correct address and contact telephone number when ordering.

It is your responsibility to keep your phone secure. You agree to be responsible for orders and charges made via your phone and/or via your account.

Communication

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering Products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. We reserve the right to contact you at any time via, and not limited to, SMS, push notifications, phone call, email and post for non-marketing purposes. This condition does not affect your statutory rights. We reserve the right to contact you at any time via, and not limited to, SMS, push notifications, phone call, email and post for marketing purposes provided you have consented to such contact. Consent to this may be withdrawn at any time in the marketing preferences tab on your profile page.

Alcohol and Cigarettes

Orders containing either alcohol or cigarettes can not be accepted from persons under the age legal age of purchase in their resident country. You agree to not place orders for any items that are not legal for you to purchase.

Payment

Once your order has been accepted, this represents an agreement between you the user and the restaurant. The restaurant has sole responsibility for this order. Cash payments are made directly to the restaurant fulfilling the order.

Please ask in store for terms relating to any discounts offered.

Delivery and/or card charges are calculated per order and based on the policy of the individual restaurant.

Prices are subject to change and all goods are subject to availability.

Additional Costs

You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.

Cancellation

While every effort is made to ensure that accurate pricing and descriptions are maintained, we reserve the right to cancel any order that is based on inaccurate information.

An order may be subsequently cancelled by a restaurant after you have received a notification stating the order has been accepted. ORDÚ and our partner restaurants reserve the right to cancel any order, before or after acceptance, and will notify you of any such cancellation.

Customer Ratings

The ratings shown on the ORDÚ Platform are the opinion of customers only. They do not represent our own opinions.

Termination

We reserve the right to decline a new registration, terminate your right to link to the ORDÚ Platform, remove you as a user of this ORDÚ Platform, and/or prevent any further use if you violate any of the Terms of Use. If we consider there to be a risk of liability or loss to us or our partner restaurants we may take any action deemed necessary to prevent such a liability or loss from occurring.

If we terminate your right to link to the ORDÚ Platform you must cease linking to the ORDÚ Platform immediately. Any person who holds a suspended or terminated membership must not order from or re-join this ORDÚ Platform without our prior written consent. We reserve the right to assign or sub-contract any or all of our rights and obligations under these terms.

Please note that we have the ability to trace your IP address, and if necessary, contact your ISP (or any other relevant service provider) in the event of a suspected breach of these Terms of Use.

Enforceability

If any part of these Terms of Use are deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of these Terms of Use. No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

Governing Law

The Terms of Use, Privacy Policy and any matter relating to this ORDÚ Platform shall be governed by Irish law and any dispute shall be resolved exclusively in the courts of the Republic of Ireland.

Contact

All comments, questions and requests relating to your information are welcomed and should be addressed to support@ordu.io.

ORDÚ online ordering system for restaurants

Ordú Loyalty & Rewards System Terms and Conditions of Use:

Definitions:

Application: The OrdúCloud software application, including its web interface, mobile app, and associated software or devices.
Business: A business or entity utilizing OrdúCloud services, specifically the OrdúCloud Loyalty & Rewards System.
User: An individual utilizing OrdúCloud services as a consumer within the Loyalty & Rewards System.
OrdúCloud: OrdúCloud 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 OrdúCloud’s website, the OrdúCloud 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 OrdúCloud Loyalty & Rewards System (either as a Business or User) in participating outlets, which is operated by OrdúCloud Limited of Unit 3E, Deerpark Business Centre, Carrowmoneash, Oranmore, Co. Galway (the “Terms and Conditions”).

License

OrdúCloud 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 OrdúCloud App on a device (whether mobile or other) owned or controlled by you, solely for your private, personal, and non-commercial use.

Business using OrdúCloud: 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 OrdúCloud 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 OrdúCloud website or from official app stores for personal (non-commercial) or commercial (Business Web App, OrdúCloud 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 OrdúCloud User for personal loyalty purposes.
Attempt to copy, decompile, or reverse engineer any software contained on OrdúCloud’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 OrdúCloud App and website, or attempt to enable features or functionalities that are otherwise disabled, inaccessible, or undocumented.
Breach the security of the OrdúCloud 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 OrdúCloud 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 OrdúCloud may only use the data collected by OrdúCloud on their behalf through OrdúCloud 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 OrdúCloud and its services.
Business Users can only communicate with customers they have gained on the OrdúCloud platform, through the OrdúCloud 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 OrdúCloud at any time. Upon terminating your access to OrdúCloud’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 OrdúCloud App as a User: The following information is required to download OrdúCloud’s App and services:

Full Name
Date of Birth
Email
Gender
Mobile Number

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

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

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

OrdúCloud Loyalty & Rewards Features

OrdúCloud’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 OrdúCloud QR Code/loyalty card at the time of purchase to receive points or stamps to your OrdúCloud 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 OrdúCloud 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 OrdúCloud as a loyalty distribution system. OrdúCloud 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 OrdúCloud 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 OrdúCloud QR code in-store via an Ordú Kiosk.
If you are due a reward, this will be visible on the Ordú App/Website/Kiosk to the Business owner offering OrdúCloud.
If eligible, you will be offered a reward. Once received, your OrdúCloud 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 OrdúCloud Loyalty apps are non-transferable to other accounts, non-refundable, and can only be redeemed in-store for Businesses utilizing OrdúCloud. There is no cash-back facility.

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

Loss, Theft, Fraudulent, or Unauthorized Use

If you lose your device hosting the OrdúCloud Loyalty App or it is stolen, damaged, or malfunctions, OrdúCloud is not responsible for replacing or transferring the balance stored on it to a replacement OrdúCloud account. You will have a unique OrdúCloud 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 OrdúCloud account. In the event this has occurred, OrdúCloud will take no responsibility in reimbursing the lost rewards, points, or stamps existing on the individual’s account.

General Offers and Promotions

OrdúCloud and Businesses utilizing OrdúCloud’s services may, at their sole discretion, determine that certain benefits, promotions, or offers shall apply to registered OrdúCloud 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 OrdúCloud as an app, you agree that certain promotions, offers, or rewards may be provided to certain individuals on the OrdúCloud App and not the entire user base.

Disclaimer

The materials and services provided by OrdúCloud are provided “as is.” OrdúCloud 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, OrdúCloud 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 OrdúCloud Limited.

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

OrdúCloud 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 OrdúCloud between Businesses and Users are successful, usable, and/or interpretable.
The physicality of the OrdúCloud scanner or promotional material in-store.
Upkeep of the device used to download and use the OrdúCloud application and/or service.
Timing of or expiry of offers, promotions, points, stamps, discounts issued from merchants or Businesses to OrdúCloud 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 OrdúCloud scanner and supporting material, including but not limited to signage, posters, and stands, are ergonomically safe.

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

Limitations

In no event shall OrdúCloud, 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 OrdúCloud’s website or application, even if OrdúCloud or an OrdúCloud 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 OrdúCloud’s website and App could include technical, typographical, or photographic errors. OrdúCloud does not warrant that any of the materials on its website or App are accurate, complete, or current. OrdúCloud may make changes to the material, format, offering, design, User Interface, and User Experience on the OrdúCloud App, Web App, or Website at any time without notice. OrdúCloud 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, OrdúCloud App, OrdúCloud Web App, OrdúCloud Website, or Devices with any OrdúCloud 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

OrdúCloud may revise these terms of use for its website and application at any time without notice. By using OrdúCloud’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 OrdúCloud’s website, application, and associated software services or devices shall be governed by the laws of Ireland without regard to its conflict of law provisions.

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

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).

OrdúCloud and Businesses using OrdúCloud, 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 OrdúCloud 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 OrdúCloud, 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 OrdúCloud, without giving rise to any liability of OrdúCloud. Removal of the Mobile App does not automatically unsubscribe you or remove you from the OrdúCloud service; this will only be completed by deleting your account.

OrdúCloud reserves the right to terminate and/or suspend OrdúCloud 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. OrdúCloud 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.