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Terms of Use

Acceptance of Terms of Use

Welcome to Uorda Pty Ltd (ACN 639 032 036) (Uorda). These Terms of Use are for you to confirm you understand your rights and our requirements of your use of Uorda’s platform and website.

Subject to your acceptance of this Agreement, Uorda hereby grants you a limited, non-exclusive, non-assignable, non-transferable licence to access and use of its platform solely for your own business purposes. All rights not otherwise expressly granted by these Terms of Use are reserved by Uorda. You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell or exploit for any purpose any portion of or any information from the App. Uorda may discontinue or alter any aspect of the platform, remove Content from the platform, restrict the time the platform is available or restrict the amount of use permitted at Uorda’s sole discretion and without prior notice or liability. You further agree that such measures shall be taken in Uorda’s sole discretion and without liability to you or any third party.

Uorda will collect, store and use data collected from you in accordance with Uorda’s privacy policy located at [uorda.com] (“Privacy Policy”). The terms and conditions of the Privacy Policy are hereby expressly incorporated into these Terms of Use.

 

How Uorda Works

Uorda is a three in one platform that connects customers to a digital menu where they can place and pay for their orders. It allows customers to order their meals directly from their phones creating a more convenient and efficient process for both the customer and the host venue. Venues are responsible for delivering the ordered meals to table if it’s a dine in order and customers are responsible for picking up their ordered meals if it’s a pick up order.

 

Venue Information

Upon sign up, Uorda will collect and store all necessary information such as customer name, venue name, postcode, email address, phone number and any information provided by you in the sign-up process.

Payments

Payments are split at the time of the transaction taking place and are split in three directions with venues being paid straight away. The time frame between payments entering your account is dependent on your chosen bank and the bank of the customer. Uorda does not hold on to any money that is owed to an individual venue.

All bank details are saved and recorded by Uorda’s payment gateway Stripe Payments Australia Pty Ltd. Fees payable by Users under these Terms must be paid using payment processing services provided by Stripe Payments Australia Pty Ltd ACN 160 180 343 (Stripe) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the Stripe Terms of Service). Please review the Stripe Terms of Service before using your nominated Payment Method.

 

Fees & Charges

You acknowledge your use of Uorda entails using a third party payment processor called Stripe Payments. Uorda charges no extra fees other than it’s specified transaction fee.

 

Refunds & Mistaken Transactions

You accept that once an order has been placed, Uorda is not responsible and the venue is entirely responsible for both the quality and accuracy of the meal that was ordered. Any mistaken orders that are delivered are the responsibility of the customer or venue itself. Any refunds are to be provided by the venue and it is your responsibility as the venue itself to provide written notification to Uorda for a refund of Uorda’s transaction fee for the refund provided to the customer.

If you believe there has been a mistaken order or transaction, please notify Uorda instantly with the date of transaction and we will lodge an investigation. We will respond to you within 2 business days. Please contact your bank for any transactions you wish to dispute.

 

Menu & Content

You acknowledge that all prices, menu items and images uploaded are your own responsibility and that Uorda bears no responsibility of these. Any venue and menu item description or pricing is determined by the venue and Uorda will not change these. Any changes to be made to all of the content displayed are to be made by the venue itself and can be done so at any time.

Upon written request, Uorda can act on behalf of a particular venue to make changes within the restaurant manager portal but this must be put in writing by the venue owner or manager. Customers accept that all content

Limitation of Liabilities

Except for any express warranties set out in these terms and any term implied by law (that cannot be excluded) and Your rights under statutory guarantees provided under the consumer protection laws, We provide no warranties or guarantees to You (including in relation to the performance of Uorda).

While We use due care and skill in relation to the provision of Uorda’s platform, neither We nor our related bodies corporate warrant or guarantee that Uorda will be continuously available, free from errors or omissions or provided to you within a particular time. If We fail to comply with a statutory guarantee (if it applies) or any term of this agreement, then We limit Our liability for that failure (where it is fair and reasonable to do so in respect of a statutory guarantee) to either supplying Uorda again, free of charge to You or paying You the cost of having Uorda supplied again.

We are not liable for any loss to the extent that it was caused by You (for example, through Your negligence or breach of terms). You are not liable for any loss to the extent it was caused by Us.

You understand and agree that Uorda shall not be responsible for any loss of profits, goodwill, or use of data as a result of the inability to use Uorda’s platform.

 

Intellectual Property

Unless otherwise specifically noted in these Terms of Use, Uorda may use any content: images, logos and text for marketing and advertising purposes. Uorda’s images, logos, software and any unauthorised content owned by Uorda or other parties may not be used without written permission.

You agree not to replicate, copy, modify, reproduce and sell Uorda’s IP without written approval.

 

Change of Terms

All terms mentioned above can be changed at any time by Uorda and will be displayed on Uorda’s website under uorda.com. Your continued use of Uorda’s platform will indicate your acceptance of the change in terms. If the change has a detrimental impact on you but is required by law, or is necessary for technical or security reasons we will try and give you three days’ notice prior to the change.

 

Customer Acceptance of Key Terms & Refunds

When placing an order through Uorda’s platform, you agree to the below terms:

Charges and other moneys paid by you are final and non-refundable, unless otherwise determined by Uorda.

Prior to the transaction for the Charges completing, a Participating venue may remove or reduce a Charge for a menu item showing as ordered on your web app in the Participating venue’s discretion. You must use your best endeavours to raise any dispute prior to the transaction completing.

Once a transaction has completed, you may still communicate with the Participating venue in relation to a dispute, however you acknowledge that any refund agreed to by the Participating venue may not be instantaneously processed.

 

Customer Accounts

If you are wanting to receive all the benefits of Uorda’s mobile ordering platform then you must create an account. Here you can receive receipts of your orders directly to your email address. You must also provide at least one method of payment to process orders. You can enter your card information or use Apple or Google Pay to checkout when placing an order. Creating your account is completed on the mobile customer app which is accessed by scanning a QR code within the venue. You can sign in quickly via Facebook or create an account with an email and password.

If you fail to maintain accurate, complete and up-to-date Account information, including having an invalid or expired payment method on file, this may result in your inability to access or use Uorda.

You acknowledge and agree that you are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your Account, username, or any Account rights. You agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Uorda in writing, you may only possess one Account. You agree that you will not create an account for anyone other than yourself.

Your use of Uorda’s platform is confirmation that you accept that any venue you place an order with may collect your data including email address and the date of your last order for marketing purposes limited to only that specific venue.

 

Restrictions of Use

You agree that you will use Uorda in a manner consistent with any and all applicable laws and regulations. Uorda reserves the right at any time to investigate and restrict your use of the platform if you have used the platform in any way that could be considered unlawful, illegal or unethical. you agree that you will not: impersonate any person or entity; post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights; remove any copyright, trademark or other proprietary rights notices contained in the platform; interfere with or disrupt any services provided through the App or the servers or networks connected to the App; post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the App; or “frame” or “mirror” any part of the App, without Uorda’s prior written authorisation or use meta tags or code or other devices containing any reference to Uorda.

You further agree that your information and your interactions on the App shall not be false, inaccurate or misleading (directly or by omission or failure to update information); infringe any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; violate any law, statute, ordinance or regulation; be defamatory; contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or create liability for Uorda. You further agree that you will not transfer, use, or sell your Account information to any another party.

Uorda reserves the right, but Uorda has no obligation, to refuse to license the platform to any person who does not comply with these prohibitions.

 

Other Disclaimers

Uorda may be temporarily unavailable from time to time for maintenance and software updates. Uorda assumes no responsibility for any error, interruption, loss, deletion, defect or delays in delivery. Uorda is not responsible for any technical malfunctions that occur within any of the three platforms pertaining to network, computer systems, servers, computer or mobile equipment, any hardware, software, email failure, technical account issues.

Uorda is not liable for any loss or damage you incur as a result of the provision or lack thereof goods and services provided by the participating venue.

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