Terms and Conditions

Recurring Charge: I hereby authorize regularly scheduled charges to my credit card or bank account at the end of each month of service. I will be charged the amount as indicated for each billing period. A receipt for each payment will be provided to me and the charge will appear on my credit card or bank statement. My use of any OrderOut product or service will constitute my acceptance of the Terms and Conditions of this document and the Privacy Policy.

Restaurant Responsibilities

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.

Fee Schedule

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.

Payment Terms

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.

Third-Party Performance

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”).

Terms

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.

 

  1. Use License

 

  1. 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:

    1. modify or copy the materials;

    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

    3. attempt to decompile or reverse engineer any software contained on OrderOut LLC ‘s website and Platform;

    4. remove any copyright or other proprietary notations from the materials; or

    5. transfer the materials to another person or “mirror” the materials on any other server.

  2. 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.

 

  1. Disclaimer

 

  1. 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.

  2. 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.

 

 

  1. Limitations

 

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.

 

  1. 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.

 

  1. Links

 

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.

 

  1. Modifications

 

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.

 

  1. Governing Law

 

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.

 

  1. Data

 

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.

 

Definitions

  • “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

 

Cookie Policy

 

We use cookies to help improve your experience of http://www.orderout.co/. This cookie policy is part of OrderOut LLC ‘s privacy policy, and covers the use of cookies between your device and our site.

 

If you don’t wish to accept cookies from us, you should instruct your browser to refuse cookies from http://www.orderout.co/, with the understanding that we may be unable to provide you with some of your desired content and services.

 

What is a cookie?

 

A cookie is a small piece of data that a website stores on your device when you visit, typically containing information about the website itself, a unique identifier that allows the site to recognize your web browser when you return, additional data that serves the purpose of the cookie, and the lifespan of the cookie itself.

 

Cookies are used to enable certain features (eg. logging in), to track site usage (eg. analytics), to store your user settings (eg. timezone, notification preferences), and to personalize your content (eg. advertising, language).

 

Cookies set by the website you are visiting are normally referred to as “first-party cookies”, and typically only track your activity on that particular site. Cookies set by other sites and companies (ie. third parties) are called “third-party cookies”, and can be used to track you on other websites that use the same third-party service.

 

Types of cookies and how we use them

 

Essential cookies

 

Essential cookies are crucial to your experience of a website, enabling core features like user logins, account management, shopping carts and payment processing. We use essential cookies to enable certain functions on our website.

 

Performance cookies

 

Performance cookies are used in the tracking of how you use a website during your visit, without collecting personal information about you. Typically, this information is anonymous and aggregated with information tracked across all site users, to help companies understand visitor usage patterns, identify and diagnose problems or errors their users may encounter, and make better strategic decisions in improving their audience’s overall website experience. These cookies may be set by the website you’re visiting (first-party) or by third-party services. We use performance cookies on our site.

 

Functionality cookies

 

Functionality cookies are used in collecting information about your device and any settings you may configure on the website you’re visiting (like language and timezone settings). With this information, websites can provide you with customized, enhanced or optimized content and services. These cookies may be set by the website you’re visiting (first-party) or by third-party service. We use functionality cookies for selected features on our site.

 

Targeting/advertising cookies

 

Targeting/advertising cookies are used in determining what promotional content is more relevant and appropriate to you and your interests. Websites may use them to deliver targeted advertising or to limit the number of times you see an advertisement. This helps companies improve the effectiveness of their campaigns and the quality of content presented to you. These cookies may be set by the website you’re visiting (first-party) or by third-party services. Targeting/advertising cookies set by third-parties may be used to track you on other websites that use the same third-party service. We use targeting/advertising cookies on our site.

 

How you can control or opt out of cookies

 

If you do not wish to accept cookies from us, you can instruct your browser to refuse cookies from our website. Most browsers are configured to accept cookies by default, but you can update these settings to either refuse cookies altogether, or to notify you when a website is trying to set or update a cookie.

 

If you browse websites from multiple devices, you may need to update your settings on each individual device.

 

Although some cookies can be blocked with little impact on your experience of a website, blocking all cookies may mean you are unable to access certain features and content across the sites you visit.

 

  • 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