Terms and Conditions
1. Restaurant shall provide OrderOut with the required Restaurant Data and complete the OrderOut Onboarding by submitting all necessary credentials via the OrderOut Onboarding website. The Restaurant grants OrderOut the right to complete and access the necessary forms to setup and maintain each Online Ordering Service account.
2. Restaurant will cooperate in setting up email accounts and complete any other sign-up forms or documentation as necessary for receiving orders.
3. Restaurant will be responsible for obtaining and maintaining at Restaurant’s expense all the necessary computer hardware, software, modems, connections to the Internet, and all other items required to access or use the OrderOut Platform.
4. Restaurant will install the OrderOut Hardware as provided within three (3) business days after receiving said Hardware.
5. Restaurant may not: (i) sell, resell, or lease, any portion of the OrderOut Platform to a third-party; or (ii) attempt to reverse engineer, decompile, copy, reproduce, or replicate the any component of the OrderOut
Platform; or (iii) tamper with, harm, or modify any part of the OrderOut Platform, or use the OrderOut Hardware in a manner not consistent with OrderOut’s services; or (iv) use the OrderOut Platform for any illegal activities or fail to comply with any applicable laws; or (v) permit unauthorized use of the OrderOut Platform to any third-party.
Right to Monitor
OrderOut will have the right to review and monitor all use of the OrderOut Platform to ensure compliance within the terms.
5. License Grants to OrderOut.
Subject to the terms and conditions, including without limitation, the confidentiality obligations set forth therein, Restaurant hereby grants OrderOut the following:
1. Worldwide, non-exclusive, revocable, royalty-free license to use now and in the future, reproduce, electronically distribute, transmit, have transmitted, perform, display, store, archive, and make derivative works of Restaurant Data.
2. Worldwide, non-exclusive, royalty-free license to use now and in the future, reproduce, electronically distribute, transmit, have transmitted, perform, display, store, archive, and make derivative works of Customer Data.
3. The limited revocable right of OrderOut to use Restaurant Data to create, login to, and transact via Restaurant accounts on Online Ordering Services. These rights terminate upon termination of this agreement.
Restaurant will pay to OrderOut the fees set upon initial Sign Up on the OrderOut website. Payment obligations and fees paid are non-refundable. OrderOut fees may change with a 30-day written notification from OrderOut to Restaurant or at any time by mutual agreement between the Parties.
1. OrderOut’s fees will be due in accordance with the fees and terms. Fees for all OrderOut services will begin as soon as payment is received and thus the service begins.
2. OrderOut shall authorize and charge the credit card, bank account, or other approved method provided to OrderOut for the full payment of all OrderOut fees, and Restaurant hereby consents to the same. If any form of payment by Restaurant (including credit card and bank charges) is declined, OrderOut may immediately disable the OrderOut Platform or terminate this RSA in its sole discretion.
3. The default payment term, unless otherwise specified, is all amounts due within fifteen (15) days of the end of each month, including any partial month fees due to the addition or removal of any OrderOut services. If any past due fees have not been received by OrderOut within thirty (30) days from the time such payment is due, OrderOut may suspend or terminate the OrderOut Service at its sole discretion.
Term and Termination
1. Term. This agreement shall commence on the Effective Date and continue in full force and effect until terminated pursuant to the provisions of this Section. This agreement may be terminated by either Party with or without cause upon delivery of written notice of termination to the other Party, at least thirty (30) days before the intended termination date; or if the other Party fails to perform or observe any material term or condition in this agreement and fails to cure such breach within thirty (30) days after receipt of written notice of such breach from the non-breaching Party; or if the other Party (i) makes a general assignment for the benefit of creditors, (ii) admits in writing its inability to pay debts as they come due, (iii) voluntarily files a petition or similar document initiating any bankruptcy or reorganization proceeding, involuntarily becomes the subject of a petition in bankruptcy or reorganization proceeding and such proceeding shall not have been dismissed or stayed within sixty (60) days after such filing.
2. Effect of Termination. Upon termination of this agreement:
(a) Restaurant shall promptly return, or at OrderOut’s request destroy, all Confidential Information of OrderOut; and
(b) All other rights and obligations of the Parties under this agreement shall expire upon termination of this agreement, except that all Restaurant payment obligations accrued hereunder prior to termination or expiration shall survive such termination; and
(c) All rights in the OrderOut Platform under this agreement shall immediately terminate without further notice, and Restaurant will immediately cease all access and use of the OrderOut Platform; and
(d) Restaurant shall return to OrderOut, at Restaurant’s expense, all OrderOut Hardware in good operating condition within five (5) business days. Failure to return OrderOut Hardware in good operating condition within the specified time period will result in a charge to you of $450.00 per printer.
Limitation of Liability
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT WILL ORDEROUT BE LIABLE FOR ANY LOSSES OR DAMAGES INCURRED BY RESTAURANT, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL, INCLUDING LOST OR ANTICIPATED PROFITS, SAVINGS, INTERRUPTION TO BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF BUSINESS INFORMATION, THE COST OF RECOVERING SUCH LOST INFORMATION, THE COST OF SUBSTITUTE INTELLECTUAL PROPERTY OR ANY OTHER PECUNIARY LOSS ARISING FROM THE USE OF, OR THE INABILITY TO USE THE ORDEROUT PLATFORM, OR ANY ORDEROUT SERVICE AND/OR HARDWARE, THIRD-PARTY MATERIALS, OR OTHER APPLICABLE MATERIALS PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION LIABILITY ARISING OUT OF INCORRECT DATA, DATA LOSS, OR ANY DATA BREACH, REGARDLESS OF WHETHER RESTAURANT HAS ADVISED ORDEROUT OF THE POSSIBILITY OF SUCH DAMAGES. ORDEROUT'S AGGREGATE LIABILITY IN RESPECT OF ANY AND ALL CLAIMS WILL BE LIMITED TO ONE THOUSAND UNITED STATES DOLLARS ($1,000.00 USD). THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT.
RESTAURANT ACKNOWLEDGES AND AGREES THAT ORDEROUT IS NOT RESPONSIBLE FOR ANY FAILURE OF ANY OF: RESTAURANT’S SOFTWARE OR HARDWARE SYSTEMS INCLUDING POINT OF SALE SYSTEMS; ONLINE ORDERING SERVICES; INTEGRATED MOBILE ORDERING PLATFORMS’ SOFTWARE OR HARDWARE OR PRODUCTS; OR ANY OTHER THIRD-PARTY SYSTEM OR SERVICE; (collectively “THIRD-PARTY MATERIALS”).
By accessing the Platform, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing the Platform. The materials contained in this website http://www.orderout.co/ and Platform are protected by applicable copyright and trademark law.
Permission is granted to temporarily download one copy of the materials (information or software) on OrderOut LLC ‘s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on OrderOut LLC ‘s website and Platform;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by OrderOut LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on OrderOut LLC ‘s website are provided on an ‘as is’ basis. OrderOut LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, OrderOut LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall OrderOut LLC or its suppliers be liable for any damages (including, without limitation, direct, indirect, incidental or consequential damages, as well as damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on OrderOut LLC ‘s website and Platform, even if OrderOut LLC or a OrderOut LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of materials
The materials appearing on OrderOut LLC ‘s website could include technical, typographical, or photographic errors. OrderOut LLC does not warrant that any of the materials on its website are accurate, complete or current. OrderOut LLC may make changes to the materials contained on its website at any time without notice. However OrderOut LLC does not make any commitment to update the materials.
OrderOut LLC has not reviewed all of the sites linked to its website and the Partner’s information that is aggregated on the Platform. OrderOut LLC is not responsible for such content or information. The inclusion of any such link or information does not imply endorsement by OrderOut LLC of the site or such information. Use of any such linked website or aggregated information is at the user’s own risk.
OrderOut LLC may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
These terms and conditions are governed by and construed in accordance with the laws of Florida and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
By signing up for the OrderOut service and accessing the OrderOut Platform you agree to give OrderOut access to your incoming online orders and past online orders data executed by your Partners. OrderOut may only use this data to provide the services on the OrderOut Platform including:
Transfering online orders to your POS system for easier management
Providing analytics and other data management tools
No personal identifying data shall be shared with any third-parties.
“Partner” refers to third party food delivery operators offering consumers a digital platform to order food from restaurants and a platform for restaurant to accept online orders
“Platform” refers to the OrderOut user platform
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Response to Do Not Track Signals
Certain web browsers may provide an option by which you may have the browser inform websites or internet services you visit that you do not wish to have personally identifiable information about your activities tracked by cookies or other persistent identifiers across time and across third-party Internet websites, online or cloud computing services, online applications, or mobile applications. These are commonly called “do not track” signals. Our app responds to such signals
OrderOut LLC may track its customers over time and across third party websites to provide targeted advertising for marketing purposes included but not limited to Re-Marketing and Ad Buying. If you’d like to disable our tracking follow the guide here → https://termsfeed.com/do-not-track