Platform Terms and Conditions

IMPORTANT LEGAL NOTICE

This page (together with our Cookies Policy) sets out the terms and conditions ("Platform Terms") on which we, ORDRWare ("we" or "ORDRWare"), provide use of and access to our services, including with out limitation access to any websites, mobile apps, products, applications, tools and features provided by ORDRWare. Any new feature, service or tool added to our current services shall be added to these Platform Terms
Please read these Platform Terms carefully before ordering any services or products through, the Platform, as your purchase of any products or services offered on the Platform is subject to these Platform Terms. By ordering services from us you agree to be bound by these Platform Terms. Use of the website, is also subject to these Platform Terms. We reserve the right to change these Platform Terms from time to time by changing them on this page. We advise you to print a copy of these Platform Terms for future reference. These Platform Terms are only in the English language. Use of your personal information submitted via the Platform is governed by our Privacy Policy. For the avoidance of doubt, please note that references to "Platform" in these Platform Terms include any current or future version of our services and associated social media pages and any ORDRWare mobile application and third party application through which you access our website or services, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing our website or services that may be developed from time to time). By placing an order with us for any of our services you indicate that you accept these Platform Terms. If you do not accept these Platform Terms, you should leave the Website immediately, and you will not be able to order any products through the Platform.

1. INTRODUCTION AND OUR ROLE

1.1. Company details: ORDRWare is a trading name of Roboworks LTD a company registered in England and Wales with registered company number 10955579 , whose registered office is at 1st Floor 2 Woodberry Grove, Finchley, London, England, N12 0DR.

1.3. Service: We offer access to digital online ordering technology, such as Mobile Apps and Web Sites ("Products") to our customers that have signed up to our service (the "Service").

2. WEBSITE AND SERVICE ACCESS TERMS

2.1. Website and Service access: You may access some areas of the Website without making an Order or registering your details with us. Most areas of the Website are open to everyone.

2.2. Acceptance of terms: By placing an order with us for any of our products or services, you indicate that you accept these Platform Terms. If you do not accept these Platform Terms, you should leave our Website and any of our Services immediately, and you will not be able to order any Services or Products through the Website or Platform, upon returning we will assume you intend to accept these terms.

2.3. Revision of terms: We may revise these Platform Terms at any time. You should check the Platform regularly to review the current Platform Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an Order through us.

2.4. Responsibility: You are responsible for making all arrangements necessary for you to have access to the Services. You are also responsible for ensuring that all persons who access the Services through your Internet connection are aware of these Platform Terms and that they comply with them.

3. YOUR STATUS

3.1. Capacity and age: By placing an Order for our Services with us, you warrant that: 3.1.1. You are legally capable of entering into binding contracts; and 3.1.2. You are at least 18 years old.

3.2. App Usage: Your intended usage of our service and products is to use it for your own business where all orders within the app, including multiple sites, are for businesses you own or have full legal authority to represent and where all those businesses belong to the same legal entity.

5. PRICING

5.1. Our website may outline our pricing plans for using the service. If your business use of the app does not fall into our standard app usage then we may offer you an alternative pricing plan.

5.2. Incorrect pricing: It is possible that our prices may be incorrect. We may determine at any time if our published or quoted prices are incorrect. In such an event we are not under any obligation to ensure that the Order is provided to you at the incorrect price or to compensate you in respect of incorrect pricing.

6. FEES

6.1. Setup Fees: We may charge a setup fee before enabling your service. The setup fee can be paid by: 6.1.1. A valid credit Card that will be charted to your account or; 6.1.2. A Direct Debit. When using Direct Debit, you authorise us to take payment for our Setup Fees from the Bank account you supply.

6.2. Order Fees: Our service is subject to an Order Fee for each transaction where a customer purchases from you, using our services. The Order Fee will be automatically deducted from payments and you will receive the balance.

6.3. If you accept orders via cash payment, you authorise us to deduct the applicable Order Fee from your bank account via Direct Debit on a monthly basis.

6.4. App Store Subscription Fees. To ensure an un-interrupted service to your apps, a yearly fee is required to be paid to ensure your apps continue to be available to your customers. You authorise us to setup and take a Direct Debit to pay for the ongoing Subscription Fee where applicable.

6.5. Free Setup: We may offer to setup our services for free. You acknowledge and agree that any offer to setup services for you is at our discretion and that we may reject or decline the service at any time, for any reason. We are not responsible or liable to you in relation to any rejection or non-delivery of Free services to you.

6.6 Minimum Order Fee: We may charge you a minimum order fee in any given month following go-live if the level of orders you receive via the platform is below a given threshold

7. LICENCE

7.1. Terms of permitted use: You are permitted to use the Platform and Website and print and download extracts from the Website for your own personal non-commercial use on the following basis: 7.1.1. You must not misuse the Website (including by hacking or "scraping"). 7.1.2. Unless otherwise stated, the copyright and other intellectual property rights in the Website and Platform and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website Terms, any use of extracts from the Website other than in accordance with paragraph 7.1 is prohibited. 7.1.3. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 7.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text. 7.1.4. You must ensure that our status as the author of the material on the Website is always acknowledged. 7.1.5. You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a licence from us to do so.

7.2. Limitation on use: Except as stated in paragraph 7.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.

7.3. Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.

8. SERVICE ACCESS

8.1. Platform and Website availability: While we try to ensure our services including the Website and Apps we create are normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website or any of our Services is unavailable at any time or for any period.

8.2. Suspension of access: Access to our Services may be suspended temporarily at any time and without notice.

8.3. Information security: The transmission of information via the internet is not completely secure. Although we take steps to protect your information, we cannot guarantee the security of your data transmitted to the Website or our Services or how any element of our Services transmits data to other Services and or to third parties (e.g Facebook); any transmission is at your own risk.

9. VISITOR MATERIAL AND REVIEWS

9.1. General: 9.1.1. Other than personally identifiable information, which is covered under our Privacy Policy, any material you post, upload or transmit or upload to our Service (including without limitation Reviews) ("Visitor Material") will be considered non-confidential and non-proprietary. By posting, uploading or transmitting any Visitor Material, you represent and warrant that you own or otherwise control all of the rights to such Visitor Material. You agree that we will have no obligations with respect to any Visitor Material, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any Visitor Material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes. 9.1.2. You represent and warrant that that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs 9.2 to 9.3 below.

9.2. Visitor Material Policy: You are prohibited from posting, uploading or transmitting to or from the Website any Visitor Material (including any Reviews) that: 9.2.1. breaches any applicable local, national or international law; 9.2.2. is unlawful or fraudulent; 9.2.3. amounts to unauthorised advertising; or 9.2.4. contains viruses or any other harmful programs.

9.3. Visitor Reviews Policy: In particular (but without limitation), any Reviews that you submit through the Website must not: 9.3.1. contain any defamatory, obscene or offensive material; 9.3.2. promote violence or discrimination; 9.3.3. infringe the intellectual property rights of another person; 9.3.4. breach any legal duty owed to a third party (such as a duty of confidence); 9.3.5. promote illegal activity or invade another's privacy; 9.3.6. give the impression that they originate from us; or 9.3.7. be used to impersonate another person or to misrepresent your affiliation with another person.

9.4. Removal of Reviews: The prohibited acts listed in paragraphs 9.2 and 9.3 above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the Website or Platform that we determine breaches a prohibition in paragraphs 9.2 or 9.3 above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.

9.5. Use of Reviews: The Reviews and other Visitor Material contained on the Website or Platform are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the Website or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.

9.6. Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by you or any other third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 9.

9.7. Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of paragraph 9.2 or 9.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.

10. LINKS TO AND FROM OTHER WEBSITES

10.1. Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

10.2. Linking permission: You may link to the Website's homepage (www.ORDRWare.com), provided that: 10.2.1. you do so in a fair and legal way which does not damage or take advantage of our reputation; 10.2.2. you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists; 10.2.3. any website from which you link must comply with the content standards set out in these Website Terms (in particular paragraph 9 (Visitor Materials and Reviews)); 10.2.4. we have the right to withdraw linking permission at any time and for any reason.

11. DISCLAIMERS

11.1. Website and or platform information: While we try to ensure that information on the Website and Platform is correct, we do not promise it is accurate or complete. We may make changes to the material on the Platform or Website, or to the Service, Products and prices described on it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.

11.2. Allergy, dietary and other menu information: All questions and information relating to dietary allergy and other menu information should be directed to yourself.

11.3. Restaurant actions and omissions: The legal contract for the supply and purchase of Products is between you your customers. We have no control over the actions or omissions of any of your customers. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website and Platform: 11.3.1. We do not give any undertaking that the Products ordered from you through the Platform by your customers will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.

11.4. Exclusion of terms: We provide you with access to the Website, Platform and Service on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website, Platform and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website or Service, or be otherwise implied or incorporated into these Platform Terms, by statute, common law or otherwise ).

12. LIABILITY

12.1. General: Nothing in these Platform Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.

12.2. Exclusion of liability: Subject to clause 12.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, participation in our on-boarding or sign-up process, or otherwise, even if forseeable, arising under or in connection with the Service or the Website or the Platform (including the use, inability to use or the results of use of the Service or the Website Platform) for: 12.2.1. any loss of profits, sales, business, or revenue; 12.2.2. loss or corruption of data, information or software; 12.2.3. loss of anticipated savings; 12.2.4. loss of business opportunity; 12.2.5. loss of goodwill; 12.2.6. loss of time or 12.2.7. any indirect or consequential loss.

12.3. Limitation of liability: Subject to clauses 11, 12.1 and 12.2, our total liability to you in respect of all other losses arising under or in connection with the Service or the Website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £10.

12.4. 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, our Platform or any of our services, including without limitation costs relating, the sign-up or on-boarding process, use of the platform or costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.

13. TERMINATION

13.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website, Platform and the Service immediately if we believe in our sole discretion that: 13.1.1. you have used the Platform or Website in breach of paragraph 7.1 (License); 13.1.2. you have posted Reviews or other Visitor Material in breach of paragraphs 9.2 or 9.3 (Visitor Material and Reviews); 13.1.3. you have breached paragraph 10.2 (Links to and from other websites); or 13.1.4. you have breached any other material terms of these Platform Terms ; or 13.1.5. you do not pay your fees as they fall due

13.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website or Platform.

14. WRITTEN COMMUNICATION

14.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or Platform or ordering Products via the Website or Platform, 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. This condition does not affect your statutory rights.

15. EVENTS OUTSIDE OUR CONTROL

15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control ("Force Majeure Event").

15.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: 15.2.1. strikes, lock-outs or other industrial action; 15.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; 15.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; 15.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; 15.2.5. impossibility of the use of public or private telecommunications networks; and 15.2.6. the acts, decrees, legislation, regulations or restrictions of any government.

15.3. Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.

16. ADDITIONAL TERMS

16.1. Privacy Policy: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy.

16.2. Other terms: You should also review our Cookies Policy for information regarding how and why we use cookies to improve the quality of the Website and Service, our Voucher Terms and Conditions for information regarding the use of credits and promotional discounts on the Website. All of these are incorporated into these Platform Terms by this reference.

16.3. Severability: If any of these Platform Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

16.4. Entire agreement: These Platform Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

16.5. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Platform Terms will not be interpreted as a waiver of your or our rights or remedies.

16.6. Assignment: You may not transfer any of your rights or obligations under these Platform Terms without our prior written consent. We may transfer any of our rights or obligations under these Platform Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.

16.7. Headings: The headings in these Platform Terms are included for convenience only and shall not affect their interpretation.

17. COMPETITIONS

17.1 We may from time to time offer competitions. Our competition(s) may be made available on our website or social media platforms, such as Facebook.

17.2 To enter our competition you must be over 18 years old.

17.3 By entering any of our competitions, the entrant (you) agrees to these terms and conditions as well as our General Terms and Conditions

17.3 By entering any of our competitions, the entrant (you) agrees to these terms and conditions

17.4 The winner of the competition agrees to the use of his/her name and image in any publicity material, as well as their entry.

17.5 We will judge the competition and decide on the winner of each competition. Some competitions require a minimum number of entrants until a winner is annouced. Where the minimim number of entrants is not completed, we may not annouce a winner.

17.6 We reserve the right, at our sole discretion and at any time, to change or modify these terms and conditions, such change shall be effective immediately upon posting to this webpage.

17.7 Our competitions are in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network.

17.8 Our decision is final and binding in all matters relating to any competition and no correspondence will be entered into.

17.9 To enter our competition you must be over 18 years old

17.10 Competition Terms and any applicable Specific Competition Terms shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the English courts.

17.11 You may enter our competition by following the rules as described on the Competition Page. If there are no rules you may contact us at competitions@ordrware.com for further instruction

17.12 For the avoidance of doubt, we are not responsible or liabile to you for any loss, costs however they may arise as a result of any of our compeitions or in the use of any of our services.

17.2 We reserve right to cancel or amend the competition and these terms and conditions without notice

18. GOVERNING LAW AND JURISDICTION

18.1 These Website Terms shall be governed by and construed in accordance with English law. Disputes or claims arising in connection with these Platform Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English courts.