WELCOME TO ORDR
Ordr is the simple-to-use app that lets customers order food and beverages right from their seats.
“Application” or “App” means the Ordr application, as updated from time to time.
“Intellectual Property” means industrial and personal intellectual property rights recognized at law, including but not limited to: Trademarks (whether registered or not), trade secrets, copyrights or other works of authorship and expression (whether copyrightable or not), industrial designs, as well as internet domain names, web addresses, web pages, apps and URLs, whether or not they are registered as Trademarks.
“Personal Information” means information about an identifiable or potentially identifiable individual.
“Ordr”, “we”, “us”, or “our” means Ordr Technologies Inc., a corporation duly registered under the laws of Alberta.
“Users” means individuals who have created a profile on our App or on behalf of whom a parent or guardian has created a profile.
“Venue” means a client of Ordr who provides goods or services to Users through the use of our App.
Scope of Terms
These Terms create a contractual relationship between you and Ordr. Accordingly, you agree to review these Terms carefully before using our App.
BY USING OUR APP, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS.
From time to time we may amend these Terms, and any documents or policies incorporated by reference. In the event of a material change in these Terms, we will provide you with notice by email to the address you have provided us or through a pop-up notification the next time you use our App. For greater clarity, a material change is a change which directly affects your legal rights. Your continued access and use of the App after we provide notice of a material change constitutes your acceptance of the changes and your agreement to be bound by the amended Terms.
We may make immediate changes to these Terms when we are required to do so by law without prior notice to you. In such cases, we will provide notice of these changes to you as soon as reasonably practicable.
THE ORDR APPLICATION
Ordr is an App that is free to download. The App allows Users to purchase food, beverages, and other goods and services from Venues, and have goods delivered directly to their seats at a Venue. Our App also provides a means to facilitate payment between Users and Venues.
Other than the use of the App, Ordr does not directly provide or sell any goods or services to you. Goods or services purchased by you through the App are provided by Venues who are not employed or contracted by Ordr or any of its agents and affiliates. Venues are solely responsible for the goods and services sold to you through our App.
Ordr uses Stripe, Inc. for payment processing. Our App uses Stripe’s own Application Programming Interface (API) to collect your payment information, which is then sent directly to Stripe. Stripe collects and process your payment information and other Personal Information according to their own privacy policies. By using our App, you agree to allow us to send your payment information and other Personal Information to Stripe.
We may allow Venues or other businesses and organizations to pay us to show you ads for their products and services. By using our App, you agree that we can show you ads.
We may charge fees to Users for the right to use our App, including but not limited to transaction fees associated with the purchase of goods and service from Vendors. For more information on how our services fees are calculated, our service fees are calculated as a percentage of the items in the cart, and for in-seat delivery our fees are a combination of the service charge and a delivery fee based on the demand in-venue.
Unless otherwise agreed to by us, all fees are non-refundable. We reserve the right to change our fees at any time and will provide you with reasonable notice of any fee changes. Your continued access and use of the App constitutes your consent to and acceptance of our fee structure.
Upon your acceptance of these Terms, we grant you a non-exclusive, non-sublicensable, non-transferable license to access and use our App on your personal device and to access content and information made available to your through our App solely for your personal and non-commercial use. Any rights not expressly granted herein are reserved by Ordr.
You are responsible for obtaining the network access required to use our App. Your mobile network’s own fees and rates will apply when you use our App though your mobile network. We do not guarantee the proper functioning of your mobile network, and you understand that our App’s functionality will depend on the stability of your network connection. Further, we do not guarantee that our App will function on any particular device or hardware.
Our App is available through the Apple and Android app stores, which are governed by their own separate terms and policies. You acknowledge that by accessing our App through the Apple or Android stores, you agree to their applicable terms and policies, including but not limited to Apple’s Licensed Application End User License Agreement (https://www.apple.com/legal/internet-services/itunes/dev/stdeula/).
YOUR USE OF ORDR
When you create an account with us, you must:
- Use your legal name;
- Provide accurate information about yourself;
- Create only one account (your own);
- Use your account exclusively for personal and non-commercial purposes; and
- Provide your email address, which we will use to send you notices related to these Terms.
You may be asked to provide proof of age, identity, or other method of identity verification to access or use Ordr. By using our App, you agree to provide proof of identity in a form that is satisfactory to Ordr. It is Ordr’s sole and unfettered discretion whether to accept a specific form of identification that you have provided. You understand that you may be denied access to our App if you refuse to provide proof of identity in a form that is satisfactory to Ordr.
Use of our App is restricted for certain people:
- You cannot use our App if you are under 16 years of age.
- If you are under 18 years old (or under the minimum legal drinking age in the jurisdiction you are located), you may not order alcohol through our App.
- You cannot use our App if we have previously disabled or deleted your account.
- You cannot use our App if you are prohibited by law from using our products, services, or App.
You must not share your password or give access to your account to others, unless you are a minor sharing access with your parent or legal guardian so that they may supervise your use of the App.
You are not permitted to:
- Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, or otherwise transmit our App or our Intellectual Property;
- Decompile, reverse engineer or disassemble our App;
- Engage in any scraping, indexing, surveying, or other data mining of any portion of the App;
- Unduly burden or hinder the operation or functionality of any aspect of the App;
- Attempt to gain unauthorised access to or impair any aspect of our App.
You are only permitted to use our App for personal and non-commercial purposes. We do not allow Users to create fake accounts. If we become aware that you have created a fake or fraudulent account, we will immediately delete it without prior notice and reserve the right to refuse you access to or the use of our App in the future.
Ordr Users are accountable for their use of the App. You agree that you will not use our App for fraudulent or illegal purposes.
You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper functioning or appearance of our App. Further, you may not access or collect data from our App without our prior permission. This prohibition applies to the access or collection of data using automated means. You may not attempt to access any data you do not have permission to access.
THOSE WHO ATTEMPT TO USE OUR APP FOR MALICIOUS OR ILLEGAL PURPOSES WILL BE PROSECUTED TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW WHETHER OR NOT THE ATTEMPT WAS SUCCESSFUL, INCLUDING THROUGH ANY APPLICABLE CIVIL, CRIMINAL, REGULATORY OR ADMINISTRATIVE PROESS.
Account suspension or termination
We reserve the right to suspend or permanently disable access to your account at our sole discretion. Without limiting the generality of this right, we will suspend your account if we determine that you have breached our Terms or policies. We may also suspend, disable, or delete your account where we are required to do so for legal reasons.
OUR APP, AND ANY RELATED PRODUCTS AND SERVICES, ARE PROVIDED ON AN “AS IS” BASIS AND WE MAKE NO GUARANTEES THAT THEY ALWAYS WILL BE SAFE, SECURE, OR ERROR-FREE, OR THAT THEY WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS.
TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
FURTHER, WE DO NOT ENDORSE OR WARRANT THE PERFORMANCE, SAFETY, QUALITY, FITNESS FOR PURPOSE, TITLE, OR LEGALITY OR ANY OF THE GOODS AND SERVICES PROVIDED TO YOU BY VENUES, INCLUDING THOSE PROVIDED THROUGH OUR APP.
Limitation of Liability
YOU USE OUR APP, PRODUCTS, AND SERVICES AT YOUR OWN RISK.
BY USING OUR APP, YOU AGREE THAT ORDR, ITS AGENTS , EMPLOYEES, PARENT COMPANIES, SUBISDIARIES, AND AFFILIATES, WILL NOT BE LIABLE TO YOU FOR DAMAGES UNDER ANY CIRCUMSTANCE, INCLUDING BUT NOT LIMITED TO, CONSEQUENTIAL, PECUNIARY, SPECIAL, EXEMPLARY, PUNITIVE, OR INCIDENTAL DAMAGES, LOST PROFITS, LOST REVENUES, LOSS OF INFORMATION OR DATA, LOSS OF GOOD WILL, LEGAL FEES, OR ANY OTHER DAMAGES WHATSOEVER AT LAW OR EQUITY ARISING OUT OF OR RELATED TO THE USE OF OUR APP OR OF ANY OTHER ORDR PRODUCTS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTEND PERMISSIBLE BY LAW.
FURTHER, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR TAKING PRECAUTIONS AS NECESSARY TO PROTECT YOURSELF AND YOUR MOBILE DEVICE FROM VIRUSES, WORMS, TROJAN HORSES, AND OTHER HARMFUL OR DESTRUCTIVE CONTENT AND WE DO NOT GUARANTEE OR WARRANT THAT OUR PRODUCTS ARE FREE OF THESE RISKS.
We retain all Intellectual Property rights to content on our App, unless those rights belong to Venues or other third parties.
You may only use our Intellectual Property with our prior written permission. This includes but is not limited to all our copyrights, designs, and trademarks, whether or not they are registered. You must also obtain our written permission to modify, create derivative works of, decompile, or otherwise attempt to extract source code from our App, no matter the purpose.
Service of Notices
Any notices or formal communications required or permitted to be given in accordance with these Terms shall be in writing and shall be sent to the email address you have provided. Transmission via email to the address you have provided shall constitute good and sufficient services of such notices, with immediate effect upon transmission, regardless of whether proof of delivery is obtained.
Law and Forum
Third Party Services
Our App may contain links to third party websites, applications, or services that are subject to different terms and privacy policies. We are not responsible or liable to any websites, applications, or services of third parties and links to such services do not constitute and endorsement or warranty of same.
If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
A waiver of any breach of these Terms is not a waiver of another breach of the same type or of any other breach. If we fail to enforce any of these Terms, it will not be considered a waiver of any right we may have under these Terms or at law. Any waiver of these Terms must be made by us in writing.
Transfer of Rights
You may not assign or transfer any of your rights or obligations under these Terms to anyone else without our express consent in writing.
Assignment by Ordr
We may transfer and assign our rights and obligations under these Terms without notice to you and any such transfer or assignment shall relieve Ordr of its legal obligations under this agreement and of any liability in connection with same.
Reservation of Rights
We reserve all rights not expressly granted to you. All rights, powers, and remedies, whether provided for in these Terms or available at law, are cumulative and the exercise of any right, power or remedy is without prejudice to and shall not exhaust the exercise of the same or any other rights, powers, or remedies or any combination thereof.