Terms Of Use

1. Information about us

Ordery is a platform operated by CP Media Group Limited (we, us, our).  We are a company registered in England and Wales with company number 11824410 and have our registered office at 12 Albion Road, Chesterfield, U.K. S40 1LJ

2. Terms of platform use

This page (together with the documents referred to on it) sets out the Terms of Use on which users of the Platform (you, your) may make use of our website, mobile application and in-message app functionality (together and separately, the Platform) in order to purchase products provided by our retail partners. We are not responsible of any issues or problems encountered by specific vendors. We simply provide a platform for you to purchase goods via the app directly from the Merchant. If you have any issues, you must contact the Merchant. If you are the Merchant, then you may contact us when there are issues with the Platform. Please read these Terms of Use carefully before you start to use the Platform.  By using the Platform, you indicate that you accept these Terms of Use, which include the privacy policy that applies to the Platform (the Privacy Policy) and that you agree to abide by them.  If you do not agree to these Terms of Use, please refrain from using the Platform.

3. Intellectual property rights

1.      We are the owner or the licensee of all intellectual property rights in the Platform, and in the material published on it.  Those works are protected by copyright laws and treaties.  All such rights are reserved to us and our licensors. No copying or distribution for any commercial or business use is permitted without our prior written consent.

2.      You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

3.      Our status (and that of any identified contributors) as the authors of material on the Platform must always be acknowledged.

4.      If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

5.      Ordery is a trade mark belonging to or controlled by us and which may be registered in certain jurisdictions. All other trademarks used on the Platform are the property of their respective owners.

4. Acceptable use

1.      You may use the Platform only for lawful purposes. You may not:

1.      use the Platform:

1.      in any way that breaches any applicable local, national or international law or regulation;

2.      in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

3.      for the purpose of harming or attempting to harm minors in any way;

4.      to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content policy below;

5.      to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

6.      to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

2.      access without authority, interfere with, damage or disrupt:

1.      any part of the Platform;

2.      any equipment or network on which the Platform is stored;

3.      any software used in the provision of the Platform; or

4.      any equipment or network or software owned or used by any third party,

(acceptable use policy).

1.      The use of any of our Features by a minor when ordering alcohol is not permitted unless with the consent of their parent or guardian who is present with them at the time.  I.D will be requested by the merchant in accordance with the local laws and failure to produce I.D will not result in a refund.

2.      We will determine, in our discretion, whether there has been a breach of our acceptable use policy or content policy through your use of the Platform.  Failure to comply with the acceptable use policy and/or the content policy constitutes a material breach of these Terms of Use, and may result in our taking all or any of the following actions:

1.      immediate, temporary or permanent withdrawal of your right to use the Platform;

2.      issue of a warning to you;

3.      legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

4.      further legal action against you; and

5.      disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

2.      We exclude liability for actions taken in response to breaches of the acceptable use policy and the content policy. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.

5. Placing orders

1.      Follow the instructions on the Platform to order food or drink from different venues that you are in or to purchase food and drink as a gift for some at the venue.

2.      You will be asked to provide certain information to allow us to process your order (including your selected payment method and card details).

3.      You will receive an order confirmation on screen  acknowledging that we have received your order (an Order Confirmation).  Your order represents an offer to us to purchase the goods.

4.      This order goes to the Merchant who may reject your order for any reason. You may ask them directly if it has been cancelled and they may tell you why. If the Merchant reject your order after payment has already been taken, we will provide you with a refund and this may take 5 working days. If the order has been paid on a cash basis, then the merchant will provide the refund and the Merchant must inform us via accounts@orderyapp.com so we can amend the invoice accordingly.

5.      In agreeing to these Terms you expressly request that we provide you or your chosen recipient with food or drink. You also acknowledge that in making such a request you have waived your right to cancel the contract with Ordery for your purchase and this must be done so at the venue and agreed by with them. We are not responsible for cancellations, the Merchant is.

6.      We are not able to cancel the supply of, refund payment for or otherwise replace, exchange or modify a purchase once the order has been placed. This is the responsibility of the Merchant.

7.      Once your order has been accepted the Merchant will be informed and you will receive a notification.

8.      Should our systems be down or there is an error and your order has not been processed, then we will not be liable for any cost. The Merchant is also not responsible, however, it is at their discretion if they wish to provide any gesture of good will. We provide a service which may very rarely run into issues as with all large scale computer systems. However, this will be extremely rare.

6. Prices and payment

You authorise us and our third party payment provider (Stripe, or such other payment provider as we may choose to engage from time to time) to take payments and/or charge your payment card for the relevant amounts by continuous payment authority.  If your payment details change, your card provider may provide us with updated card details.  We may use these new details for your future orders in order to help prevent any interruption to the service. If you would prefer to opt out from this service, please contact us.

1.      Upon registering in accordance with clause 7, or placing orders via Ordery, a transaction may be sent to your bank to authorise or re-authorise it and prevent fraud.  This transaction will either be for a zero value, or for a £1 payment which will be taken and then immediately voided.  It is possible that your bank may temporarily register a £0 or £1 charge on your account balance.  You agree not to hold us responsible for banking charges incurred due to payments on your account.

2.      If you make a purchase by using a payment card that belongs to another person, you warrant that their permission has been sought and received prior to making such purchase.

7. Registered users

1.      In order to access certain features of the Platform, including to be able to place orders you will be asked to register by providing certain personal information such as, for example, your name and email address (our Privacy Policy explains how such information may be collected and used including our policy on cookies).  

 

2.      You are responsible for maintaining the confidentiality of your password and your account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of the Platform by you or any person or entity using your password, whether or not such access or use has been authorised by you.

3.      You must immediately notify us of any unauthorised use of your password or account or any other breach of security.

4.      We will not be liable for any loss or damage whatsoever resulting from the disclosure of your password contrary to these Terms of Use.  You may not use another person’s account at any time without the express permission of the account holder.

8. Children and young people

Our Platform is primarily aimed at users of all ages.  However, users must be over 16 in order to purchase alcohol. The Merchant will request to see your I.D and failure to produce valid I.D immediately will mean you will not be served the alcohol and there will be no refund provided. The parents or guardians of anyone under 18 using the Platform should review these Terms of Use carefully. We take no responsibility or liability for misuse of this app or actions of Merchants.

9. Information and availability

While we take every care to ensure that the information on the Platform is accurate and complete, some of it is supplied to us by third parties and we are unable to check its accuracy or completeness.  You are advised to verify the accuracy of any information before relying on it.  Further, due to the inherent nature of the internet, errors interruptions and delays may occur in the service at any time.  Accordingly, the Platform is provided “as is” without any warranties of any kind and we do not accept any liability arising from any inaccuracy or omission in the information or interruption in availability.

10. Links from our platform

Where the Platform contains links to other sites and resources provided by third parties we have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

11. Competitions and votes

From time to time, we (or selected third parties) may include competitions, promotions or other offers on the Platform. Each such offer shall be subject to its own express terms and may not be available in all jurisdictions and venues.

12. Mobile terms of use

When accessing the Platform via mobile, standard network charges apply.  You may incur additional charges from your network operator according to your contract.

13. Variation

We may revise these Terms of Use at any time by amending this page.  You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.  Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the Platform.

14. Indemnity

You agree to indemnify us and our affiliates and our respective directors, officers, employees and agents, as well as their licensors and suppliers, from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of:

1.      any misrepresentation, act or omission made by you in connection with your use of the Platform;

2.      any non-compliance by you with these Terms of Use; and

3.      claims brought by third parties arising from or related the use of the Platform.

15. Liability

In respect of all aspects of the Platform (subject to the other provisions of this clause 15), we and our officers, directors, employees, shareholders or agents, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Platform in any way, inability to use or the results of use of the Platform, any websites linked to the Platform or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Platform or your downloading of any material from the Platform or any websites linked to the Platform.

1.      This clause does not in any way limit our liability:

1.      for death or personal injury caused by our negligence;

2.      for fraud or fraudulent misrepresentation; or

3.      for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

2.      Liability in respect of purchases using the Platform rests with the applicable Merchant, and such liability will be set out in the Merchant’s terms and conditions. You will need to request this directly from them.

16. Jurisdiction and applicable law

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.  The courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Platform.

17. Contact us

If you have any concerns about material which appears on the Platform, please contact us by email at contact@orderyapp.com

 

 

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