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:

1. Transmitting material that constitutes a criminal offence, results in civil liability or otherwise breaches any laws, regulations or codes of practice.
2. Interfering with any other persons use or enjoyment of the ORDÚ Platform.
3. 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.
4. 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.