ORDERING WEBSITE terms & conditions Please read the following terms of this agreement carefully. By completing the sign up process, you accept and agree to all of the terms and conditions set forth in this Customer Purchase agreement. You hereby acknowledge that you are 18 years of age or older. This Agreement ("Agreement") is entered into by and between ORDERING WEBSITE Ltd ("Company") and You ("Customer").
1. Internet Ordering : Customer hereby agrees to appoint the Company for the creation of a Desktop Site and Mobile Ordering App ("Website") hosted by the ORDERING WEBSITE.
2. Setup: The ORDERING WEBSITEwill setup a draft of the online & mobile ordering Website within 7 business days from date of the enrollment; Customer is responsible for providing Company all information needed for setup within 3 business days from date of enrollment. Initial setup includes but not limited to setting up Customer's location description, delivery zones, store hours, 250 menu items of choice, and methods of receiving online orders. Setup is limited to the input of only 250 menu items of choice, and Company reserves the right to issue a charge for additional menu items. Customer is responsible for the setup and fees involved with the hardware used to receive orders at the store. Customer must notify ORDERING WEBSITE of any changes within 5 business days from the date of when Customer was first notified to review the Website. After launching the Website, Customer assumes all responsibilities to manage its Website. “Manage” is defined but not limited to maintaining menu items, pricing, photos, delivery zones, store hours, coupons, payment methods. ORDERING WEBSITE can perform Website updates for the Customer at the rate of Menu Management Services of £15 per hour.
3. Content on the Website: Customer shall be responsible for content and result of the content on Website. The content includes but is not limited to menu items, prices, photos, and any information included on the Website. Customer shall comply with all applicable rules, laws, and regulations in connection with the content of Website. Company reserves the right to refuse to display information it believes to be illegal, false, derogatory or offensive. Customer represents that any elements of text, graphics, photos, designs, trademarks or other artwork forwarded to Company for inclusion in Website are owned by Customer, or that Customer has permission from the rightful owner to use, and will hold harmless, protect and defend Company from any claim or suit occurring from the use of such elements.
4. Credit Card Processing: Customer is responsible for the setup and fees involved with processing Credit Card Transactions online. Our system uses the Payment gateway is Stripe.com working with us to transfer any balance to Bank account from merchant account the customer will have to setup an account with above payment gateway with verification. It is possible to integrate with other payment gateways but a development charge will be incurred - a quotation will be provided subject to interface requirements. The Customer will need to setup their own e-commerce Merchant Account that can be linked to the Ordering Website system.
5. Website Ownership: ORDERING WEBSITE owns all of the intellectual property rights associated with the ORDERING WEBSITE software. Furthermore, Company in no way, shape, or form is responsible for marketing Customer's Website with any third party company or advertising agencies.
6. Charges and Fees: ORDERING WEBSITE will start billing the monthly fee from the date the Customer signs up. Customer agrees to pay by direct debit and Company will collect the monthly fees around the 28th of each month, and including any extra services and applicable taxes, at the rates in effect when the fees are incurred. Company may change the fees then in effect, or add new fees, by giving Customers 60 days advance notice.
ORDERING WEBSITE reserves the right to suspend or terminate Customer’s Website without notice if direct debit payments are cancelled or not received. Once service is suspended, Company does not guarantee the same Website url (i.e. http://www.chosenstorename.co.uk/.com/.net/.online ) will be available if service is reactivated. In addition, if the monthly service fee is over 10 days past due, Company has the right to issue Customer a £ amount fee for each billing cycle that each monthly fee remains past due.
7. Cancellation: Client may cancel use of Service only by submitting a cancellation request at www.orderingwebsite.com/cancel. The setup fee is non refundable. Upon receipt of Customer's cancellation, ORDERING WEBSITE will promptly terminate Customer's access to the Website. Customer is still responsible for any charges already incurred up until cancellation, and there is no prorate for partial months. Company also reserves the right to terminate Customer's subscription and/or discontinue Services at any time for any reason. ORDERING WEBSITE shall have no responsibility to notify any third party of any suspension, restriction or cancellation of Customer's Website. Company shall have no obligation to maintain any orders, reports, data, or other content in Customer's Website or forward any data to Customer or any third party.
8. Fair Use Policy: ORDERING WEBSITE shall have the absolute and unilateral right in its sole discretion to deny use of and access to all or any portion of Website to Customers who are deemed by Company to be using the Website in a manner not reasonably intended by Company or in violation of law, including but not limited to suspending or terminating a Customer's license to use the Website.
9. Limitation of Liability: Notwithstanding the foregoing, under no circumstance shall Company, its officers, directors, employees, contractors, sub-contractors, suppliers, agents, affiliates, subsidiaries, successors or assigns be liable to Customer or any third party for damages in excess of the amounts actually paid by Customer to Company. The price of the service shall be the rate in effect on the day Customer signed up for the service. ORDERING WEBSITE will not be liable in respect of any loss of profits, income or revenue. ORDERING WEBSITE will not be liable for any loss of or damage to goodwill or reputation
10. Indemnification: Customer agrees to defend, indemnify and hold harmless Company, its parent entities, subsidiaries, affiliates, officers, and employees, from any and all claims and demands, including attorneys' fees, due to or arising from your use of the Website and any other conduct related in any way to the Website, including but not limited to breaching any provision contained in these Terms and Conditions.
11. Termination: If Customer breach these Terms and Conditions of Use, Customer's right to Use the Website shall automatically terminate if Customer fails to cure the breach after seven (7) calendar days after notice from Company or any of the Company Affiliates, unless Customer's breach is due to violations in the sections of Lawful Use, No Transfers or Modifications by Customer, Indemnification, Trademarks, UK Government Restrictions, in which case termination will be without notice and without any right to cure.
12. Modification: These Terms and Conditions of Use (including the items incorporated by reference and modifications that may be made from time to time), constitute the entire agreement between Company and Customer regarding the Website, and supersedes all prior agreements between Customer and Company regarding the subject matters hereof. Any modification or change in these Terms and Conditions of Use proposed or offered by Customer shall not become a part of these Terms and Conditions of Use unless accepted in a writing dated after the effective date of the applicable Terms and Conditions of Use and signed by an authorized officer of Company.
13. Prohibited Content: No Customer may utilize the Services to provide, sell or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others' intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, escort services or other content deemed adult related.
14. Data: ORDERING WEBSITE agrees not to sell the Customer's Patron contact data to any third parties looking to use it for marketing purposes.
15. Miscellaneous: ORDERING WEBSITE, in its sole and absolute discretion, may change or modify this Agreement, and the corporate policies and/or Service Specific Terms which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon the earlier of (a) our email notification to you advising you of such changes or modifications (b) your continued use of the Services after Company posts the amended Agreement to http://www.orderingwebsite.co.uk/terms-and-conditions.html
16. Law: The Agreement will be governed by and construed in accordance with the laws of England and Wales; and the courts of England will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Agreement.