Terms of Service of OrderText LLC

(Updated 24th March 2017)

PLEASE READ AND CONSIDER THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.

This document (together with the documents referred to in it) outlines the terms of the licence and use that apply to those applications for use on Smartphones (as defined below) that OrderText makes available for use or download by You via the Website (as defined below) or from any third party application store (“Applications”).

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY DOWNLOADING, ACCESSING AND/OR USING ANY APPLICATION, YOU CONFIRM THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ACKNOWLEDGE THAT THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN US AND YOU (AND, IF RELEVANT, ANY ORGANISATION ON WHOSE BEHALF YOU ARE ACTING). IF YOU ARE ACTING ON BEHALF OF ANY ORGANISATION, YOU CONFIRM THAT YOU HAVE THE REQUISITE AUTHORITY, POWER AND RIGHT TO FULLY BIND THAT ORGANISATION. IF YOU (OR, IF RELEVANT, YOUR ORGANISATION) DO NOT AGREE TO ALL OF THESE TERMS (OR IF YOU DO NOT HAVE THE RIGHT TO BIND YOUR ORGANISATION), YOU ARE NOT PERMITTED TO ACCESS OR USE ANY APPLICATION, AND YOU SHOULD NOT CLICK TO ACCEPT THESE TERMS AND YOU SHOULD NOT PROCEED FURTHER.

1. ABOUT OrderText  LLC, a company registered in the State of Texas at 1013 Milford Way Austin Texas 78745 in the county of Travis.

OrderText facilitates transactions between consumers as end customers (“Users” or “You” or “Your”) and professional service providers and/or sellers selling goods and services to Users (each a “Vendors”) by providing the Applications to Users which allows Users to locate Venues, browse associated Goods, place Orders and enter into a Contract with the Vendor to purchase Goods.

2. ABOUT THESE TERMS AND CONDITIONS

2.1 In these Terms and Conditions the following terms and references shall have the following meaning:

“Application” has the meaning as set forth in Clause 1;

“Contract” means the contract between the Vendor and the User for the sale and purchase of Goods;

“Goods” means any products or services listed for sale by a Vendor at a Venue via OrderText;

“Order” means an offer made by the User to purchase Goods from the Vendor via OrderText;

“Ordetext Website(s)” means www.OrderText.com and any other website operated by OrderText;

“Payment Method” means the credit or debit card(s) or alternative forms of payment used through the Payment Provider for payments in respect of Orders;

“Payment Provider” means Braintree a division of PayPal Inc.

“Services” means all those services provided by OrderText to Users through the Applications including without limitation providing a medium for Users to place an Order for Goods using the Applications; “Smartphone” means any mobile phone, tablet or other device capable of being used to view or download and run the Applications;

“Vendors” has the meaning as set forth in Clause 1;

“Venue” means an establishment operated by any Vendor that offers its Goods for sale via OrderText;

2.2 Every time You make an Order using the Application, You will be deemed to confirm Your acceptance of these Terms of Service.

2.3 OrderText may at any time modify these Terms of Service. OrderText will notify You of any changes to these Terms of Service either by emailing You (at the email address provided by you on registration), by posting a notice on the Website(s), a push notification on Your Smartphone or any other appropriate form. Once these Terms of Service have been amended or changed, You may only continue to use the Application after agreeing to the Terms of Service in their amended form.

2.4 These Terms of Service will apply to any upgrades of the Application provided by Us that replace and/or supplement the previous version of the Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will apply.

3. YOUR USE OF OrderText

3.1 Access to the Application is permitted on a temporary basis and we reserve the right to withdraw or amend the Services without notice. We will not be liable if the Application is unavailable at any time or for any period.

3.2 The Application is licensed to You for use only in accordance with these Terms of Service. The Applications may only be downloaded, accessed and used on a Smartphone owned or controlled by you and running the relevant operating system for which the Application concerned was designed, so You must make sure You have a compatible device which meets all the necessary technical specifications to enable you to download or use any Application you wish to download or use and to access and use each downloaded or web based Application. You are not permitted to download, access or use the Applications on any Smartphone which you do not own or control.

3.3 The Application is currently provided for online use and download, access and use by You free of charge. OrderText reserves its right to require Users to pay for its Services upon which these Terms of Service will be amended and consent to such change will be sought in accordance with clause 2.3.

3.4 You acknowledge that all prices for the Goods set out in the menu of a Venue as displayed in the Application are solely determined by the Vendor. The Vendor is responsible for uploading the prices which apply to its Goods and making these available to You through the Application. The prices for the Goods available to You via the Applications may be different from the prices set out in the menu at the Venue. The prices that apply to Your Order are exclusively those which are displayed via the Application.

3.5 We may, from time to time, restrict download of an Application from the Website or access to certain features, functions or content of an Application downloaded from any third party application store, to Users who have registered with Us. You are not obliged to register with Us, but if You do not do so, You will be unable to download the relevant Application from the Website or unable to use the relevant features, functions or content of an Application downloaded from any third party application store (as the case may be). You must ensure that any registration details You provide are accurate.

3.6 If You choose, or You are provided with, a login ID (such as a username and password or other identifier) for accessing or using any Application, You must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under Your login ID and must notify Us immediately of any unauthorized use of which You become aware. We reserve the right to disable any login ID, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Service or if any details You provide for the purposes of registering as a User prove to be false.

3.7 We cannot and do not guarantee the continuous, uninterrupted or error-free operability of any Application or that any Application will perform at a certain speed (since this depends on a number of factors outside of OrderText’s control).

3.8 We reserve the right to withdraw or suspend the operation of any Application, or cease to provide and/or update content to any Application, with or without notice to You, if We need to do so, including, without limitation, for security, legal or business reasons.

4. LIMITATIONS ON USE

4.1 You must be at least 18 years old to use the Services or the Application. If You are not 18 years old, You must not use the Services or the Application.

4.2 You may only use any Application for non-commercial, personal use and only in accordance with these terms, for lawful purposes (complying with all applicable laws and regulations), and in a responsible manner.

4.3 Subject to the following sections, you may retrieve and display content from any Application on a Smartphone and store the Application in electronic form which occurs incidentally in the normal course of use of Your Smartphone. Additional terms may also apply to certain features, parts or content of any Application and, where they apply, will be displayed before you access the relevant features, parts or content.

4.4 In using the Application, You acknowledge, promise and undertake that You will not:

1. a) Rent, lease, lend, sell, redistribute, transmit or sublicense any component of the Application or any form of access to it to any third person;
2. b) Copy, store, duplicate, modify, create derivative works from or distribute all or any part of the Application, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties, other than for your own non-commercial, personal use and as may occur incidentally in the normal course of use of Your Smartphone;
3. c) Attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Application, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties;
4. d) Access all or any part of the Application in order to build a product or service, which competes with the Application;
5. e) Upload, post, email or otherwise send or transmit any material that contains viruses, Trojan horses, worms 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 associated with the Services or the Application;
6. f) Store any Application on a service or other storage device connected to a network or creates a database by systematically downloading and storing any data from any Application;
7. g) Remove or change any content of any Application or attempt to circumvent security or interfere with the proper working of any Application or any services on which it is hosted;
8. h) Use any Application in a way that might damage OrderText’s or any Vendor’s name or reputation or that of any of OrderText’s affiliates;
9. i) Impersonate any other person while using the Services or the Application;
10. j) Conduct Yourself in a vulgar, offensive, harassing or objectionable manner while using the Application;
11. k) Do anything that is not expressly permitted by these Terms of Service; or
12. l) Attempt to obtain, or assist third parties in obtaining, access to the Application, other than as provided under this clause 4.

4.5 Any attempt to do any of the above is a violation of these Terms of Service. If you breach any of these Terms of Service all rights granted to you under these Terms of Service will terminate immediately. We may terminate or suspend your access to the Applications and you may be subject to prosecution and damages.

4.6 You will use reasonable endeavors to prevent any unauthorized access to, or use of, the Application and notify Us via [email protected] promptly of any such unauthorized access or use. Such measures include, but are not limited to, setting access protection to Your Smartphone. OrderText does not accept any liability for misuse of the Application.

4.7 To do anything with any Application that is not expressly permitted by these Terms of Service, you will need a separate license from us. Please contact us, using the contacting details at the end of these Terms of Use.

4.8 Certain third party service providers with whose devices and/or operating systems our Applications have been designed to be compatible oblige us to include certain additional provisions in these terms. These are set out at the end of these Terms of Service under Additional Third Party Terms. These provisions come from the relevant third party service providers, not us.

4.9 Third party application stores are operated by the relevant third party service providers and/or its affiliates. We are not responsible for these stores or (with the exception of our Applications) for anything provided by them and do not guarantee that they will be continuously available.

5. ORDER PLACEMENT

5.1 We have a limited authority from Vendors to act as their agent for the purpose only of receiving Your Orders, concluding a sale by confirming acceptance of an Order and receiving payment from you, in each case on behalf of the Vendor. Where an Order is concluded through Us, We will also issue you with a confirmatory email receipt on behalf of the relevant Vendor. It is important that you understand that any resulting concluded contract for an Order is between you and the Vendor and not with us. We will not be responsible to you for the Order and will not be liable to you in respect of such contracts. We do not act as your agent for any purpose.

5.2 Placing an Order through Us constitutes an offer by you to the Vendor to enter into a binding contract for the sale of Goods set out in the Order. Your relationship to us will remain unaffected and shall be exclusively governed by these Terms of Service.

5.3 OrderText or the Vendor or the staff appointed and authorized by the Vendor to provide the services within the respective Venue is free to accept or reject Your Order in its sole and absolute discretion. We will communicate this to you through the Application.

5.4 At the time of placing any Order, You represent and warrant to OrderText as well as to the Vendor that You:

1. a) Are at least 18 years of age;
2. b) Are legally capable of entering into a binding contract;
3. c) Are not violating any applicable laws of the place in which the Venue is located by placing the Order;
4. d) Are not intoxicated or drunk or under the influence of drugs;
5. e) Are (as far as applicable to Your Order) buying any alcoholic drinks for Your own consumption or for the consumption of others who are over the age of 21 years of age, not intoxicated or drunk or under the influence of drugs and are legally permitted to consume them; and
6. f) You have photographic identification to provide to the Vendor or his staff to evidence your age.

5.5 If an Order is rejected we will notify this to the User via an in-app message to your Smartphone and the User will not be charged. A similar notification will also be sent to your email address.

5.6 If the Order is accepted:

1. a) The User will be notified via an in-app message issued by us on behalf of the Vendor to the User’s Smartphone that the Vendor has accepted their Order and that the Goods requested in the Order are being prepared (“Order Confirmation”). At this point, the Contract is formed between the Venue and the User and the User is unable to cancel or withdraw the Order without the Vendor’s express permission;
2. b)  The Vendor will notify the User when the Order is ready for collection or delivery via an in-app text alert to your Smartphone.
3. d) Upon receipt of the Collection Alert the User will collect the Order from the dedicated collection area or Vendor’s staff will deliver the Order to the table number, which the User has checked in at;
4. e) Once the Order is ready for delivery or customer pick up, the User’s Payment Method will be charged in the amount of the Order plus any other amounts payable to the Vendor as far as applicable (such as tips or applicable convenience service charges). The User’s payment will either be credited directly to a payment account held by the Vendor or to a payment account held by OrderText. In the latter case successful payment of the User’s funds into a payment account held by OrderText will discharge the User’s debt to the Vendor; and
5. f) The User will receive from us on behalf of the Vendor a receipt for the Order via email, sent to the email addressed supplied by the User at registration. This will set out the Goods You have ordered from the Vendor, the price of Goods (including the total amount payable) together with the identity of the Vendor.

5.7 Where US licensing law is applicable, the application of this law supersedes all other rights You may have when using the Application. Should OrderText become aware that any User is attempting to circumvent any applicable laws, rules, regulations, OrderText will share any connected information with the relevant authorities as required.

5.8 Notwithstanding clause 5.4 above, to the extent that you will use the Application to order alcoholic drinks or other licensed goods, you agree that you are solely responsible for ensuring you enjoy such goods responsibly.

5.9 In the event We discover You have used the Application for the purchase of alcohol or other licensed goods in contravention of any warranty provided under clause 5.4 above, or have caused or permitted someone to use the Application for the purchase of alcohol in contravention of clause 5.4, We are not obliged to return to You any sums expended in that purchase and shall immediately revoke Your License to use the Application and will take all necessary steps required by law.

5.10 A Vendor may refuse to fulfill an Order or to terminate the binding Contract or to refuse to allow a User to collect the Order in the event that:

5. a) He considers in its sole and absolute discretion that any of the warranties in clause 5.4 are untrue;
6. b) Fulfilling the Order or allowing the User to collect the Order would amount to a breach of any applicable laws or regulations in force from time to time;
7. c) The User fails to collect the Order within 15 minutes of receiving the text Alert or is not present at the table with the number communicated in the Order when the Order is being delivered.

5.12 In the event that the Vendor refuses to fulfill the Order or terminates the Contract or refuses to allow the User to collect the Order pursuant to clause 5.7 above, a refund shall be available to you.

5.13 Without limiting the foregoing, neither OrderText nor the Vendor shall be responsible in the event that the User (i) is unable to collect the Order whether by reason of not being permitted entry to the Venue, (ii) having to queue to enter the Venue or otherwise or (iii) unable to receive the Order at his table after having been dismissed from the Venue by the Vendor due to his house right. Making an Order shall not entitle the User to enter a Venue or any preferential admission to a Venue. Where there are restrictions (such as, but not limited to, dress code or door policy) on entry into a Venue, the User is strongly advised to only make an Order when he/she is inside the Venue.

5.14 It is the User’s responsibility to ensure that the Order is made with the intended Vendor and Venue.  If it is shown that an Order is made in a good faith error a refund will be available.

6. TRANSACTIONS CONCLUDED VIA OrderText

6.1 OrderText’s role is limited to providing the Application which facilitates the User contracting with the Vendor, and acting as the Vendor’s agent for the limited purposes set out in clause 5.1.

6.2 When a User places an Order via the Application, notwithstanding our agency role, the User contracts directly with the Vendor who is directly responsible and liable to you in respect of such contracts.

6.3 OrderText uses a Payment Provider to collect payments from Users on behalf of the Vendors. By making any Order through the Application, the User consents to OrderText’s use of the Payment Providers’ services to collect payments.

6.4 To ensure the required level of payment security, OrderText will always use a PCI DSS Level 1 compliant payment provider to store, process and transmit Users’ Payment Method data. OrderText reserves the right to change its payment provider at its sole discretion, provided any such Payment Provider meets the security compliance level above.

7. CHANGES, CANCELLATIONS AND REFUNDS

7.1 The User may change or cancel the Order at any time and for any reason until the User is notified that the Order has been accepted via the Order Confirmation and the Contract is formed between the Vendors, pursuant to clause 5.6(a).

7.2 You accept and agree that once the Contract is formed, You will not be able to change or cancel the Order and You will not be entitled to a refund for the Order or any part thereof, including in the event that the Vendor of the respective Venue exercises its right to refuse to fulfill the Order, pursuant to clause 5.7.

7.3 You are encouraged to discuss the issue of any refund due with the Vendor with whom you place any Order directly.  If you are unable to reach a resolution, OrderText will undertake to resolve the problem and issue any refund due to you.

8. OrderText’S RIGHTS

8.1 In providing You with access to the online Application or Download version, OrderText reserves the following rights, and in accessing, browsing or otherwise using the Application You grant to OrderText and agree that OrderText shall have the following rights:

1. a) the right to refuse or withdraw Your access to the Application in accordance with applicable laws for any reason at any time (with or without notice) if in OrderText’s sole and absolute discretion You violate or breach any of these Terms of Service;
2. b) the right to suspend, amend or disable Your account without giving You any notice or reason;
3. c) the right without notice to remove content, materials or user accounts for any reason whatsoever in our sole and absolute discretion, including without limitation content and materials which are unlawful, offensive, threatening, libelous, defamatory, obscene or which infringe third party rights, and user accounts used to propagate any such content or materials;
4. d) the right to access any or all of Your accounts in order to respond to Your requests for technical support so long as We maintain appropriate administrative physical and technical safeguards for the protection of the security and confidentiality and integrity of Your data;
5. e) the right to terminate without notice user accounts and delete any associated data if that account has been inactive or disabled for ninety (90) days or more; and
6. f) the right to report You to the police or other judicial body if OrderText believes in its sole and absolute discretion that Your conduct (whether in using the Application, our Services or otherwise) is unlawful or threatens the welfare of any user of the Application or the Services or any member of OrderText’s staff.

9.PRIVACY AND INFORMATION ABOUT YOU AND YOUR USAGE OF OrderText

Use of your personal information submitted to Us (whether via any Application or the Website) is governed by our http://www.OrderText.com/privacy-policy/

10. INTELLECTUAL PROPERTY, FUNCTIONALITY AND DOWNLOADING

10.1 All intellectual property rights in the Applications and in any content of any Application (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by our licensors or us. Except as expressly set out here, nothing in these terms gives a User any rights in respect of any intellectual property owned by Us or our licensors and the User acknowledges that he does not acquire any ownership rights by downloading any Application or any content from any Application.

10.2 You agree that downloading, accessing and use of any Application that is made available for download free of charge are on an ‘as is’ and ‘as available’ basis and at the User’s risk.

10.3 We reserve the right to change the design, features and/or functionality of any Application by making the updated Application available for download. You are not obliged to download any updated Application, but we may cease to provide and/or update content to prior versions of Applications.

10.4 Where an Application makes content available including details of Goods available from Vendors, You acknowledge that such content may be updated at any time prior to a Contract being formed.

10.5 Whilst we try to make sure that content made available by any Application consisting of information of which we are the source is correct, you acknowledge that certain Applications may make content available which is derived from a number of sources including directly from the Vendors, for which we are not responsible. In all cases, information made available by any Application is not intended to amount to authority or advice on which reliance should be placed. You should check with the relevant information source before acting on any such information.

10.6 Except as expressly set out in these Terms of Service, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of any Application and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content of any Application.

10.7 We cannot and do not guarantee that any Application or its content will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of any Application and its content.

11. ELECTRONIC COMMUNICATIONS

11.1 By downloading and/or using the Application, You consent to receiving electronic communications and notices from OrderText. You agree that any notice, agreement, disclosure or other communications that We send to You electronically will satisfy any legal communication requirements, including that such communications be in writing.

12. USE OF INFORMATION SUBMITTED

12.1 You agree that OrderText is free to use any comments, information or ideas contained in any communication You may send to OrderText without compensation, acknowledgement or payment to You for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Services or the Application or other products or services. For the avoidance of doubt, all such information will be deemed by OrderText to be non-confidential and nonproprietary, and You agree that such information may be used by Us without any limitation whatsoever.

13. LIABILITY LIMIT

13.1 Nothing in these terms shall limit or exclude our liability to you:

1. a) for death or personal injury caused by our negligence;
2. b) for fraudulent misrepresentation; or
3. c) for any other liability that may not, under U.S law, be limited or excluded.

13.2 Subject to this, if You are a consumer and not a business user, in no event shall We be liable to You for any business losses, and if You are a business user, in no event shall we be liable to You for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability We do have for losses You suffer is strictly limited to losses that were reasonably foreseeable and shall not, in aggregate, exceed the following:

1. a) the total fees paid by You for the relevant paid-for Application(s) (plus any in-app purchases) in respect of which the liability arises; or
2. b) if the relevant Application(s) was/were made available free of charge, the sum of $100.

13.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.

13.4 You acknowledge and agree that OrderText is not liable to You in respect of the quality of the Goods supplied to You by a Vendor. These are provided by, and are the sole responsibility of, the Vendor.

14. THIRD PARTY LINKS

14.1 From time to time the Applications may provide You with access to services, promotions and applications offered by third parties via links to external sites. We include these to provide You with access to information, products or services that you may find useful or interesting. In using or accessing such third party services, promotions and applications, You agree to be bound by the terms of service of such third parties governing their services, promotions and applications and hereby acknowledge that OrderText shall not be responsible for the provision of services, accuracy of promotions or content of applications belonging or operated by third parties and do not guarantee that they will be continuously available. We are not responsible for the content of these sites or for anything provided by the third parties, and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.

15. INDEMNITY

15.1 You agree to indemnify and hold OrderText and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, out of Your use of the Services and/or the Application or Your violation of any law or the rights of any third party.

16. TERMINATION

16.1 OrderText may change or discontinue the Services and/or the Application at any time without prior notice. We reserve the right to terminate these Terms of Service for any reason, without notice, and these Terms of Service shall automatically terminate in the event that You violate any of these Terms of Service (with prejudice to our accumulated rights against You). In the event of any termination, You will immediately cease use of the Services and the Application.

17. GENERAL

17.1 These Terms of Service are agreed between You and Us. No person shall have any rights under or connection with these Terms of Service under the Contracts (Rights of Third Parties) Act 1999.

17.2 If any court or competent authority decides that any term of these Terms of Service is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.

17.3 Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision and will not relieve You from the obligation to comply with such provision.

17.4 You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of Your rights under these Terms of Service without our prior express written consent.

17.5 These Terms of Service set forth the entire understanding and agreement between You and OrderText with respect to the subject matter hereof.

17.6 These Terms of Service 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 laws of the United States.

17.7 These Terms of Service and any document expressly referred to in them represent the entire agreement between You and Us in relation to their subject matter. We are required by law to advise you that any contract formed on these terms may be concluded in the English language only and that no public filing requirements apply.

17.8 These Terms of Service shall be governed by Texas law, and you agree that any dispute between You and Us regarding them or any application will only be dealt with by the courts of Texas provided that if you live in a part of the United States other than Texas, the application law of that part of the Texas will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before competent court in any jurisdiction.

18. CONTACT US

18.1 Please submit any questions you have about these terms or any problems concerning any Application by email to [email protected] or write to us at:

OrderText LLC

1013 Milford Way

Austin, Texas 78745

Additional terms from third party service providers

Apple

If any Application that you download, access and/or use runs on Apple’s iOS operating system:

• that Application may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system, and only in accordance with Apple’s usage rules published in its App Store terms of service;
•  you acknowledge and agree that:
• Apple has no obligation at all to provide any support or maintenance services in relation to that Application. If you have any maintenance or support questions in relation to that Application, please contact us, not Apple, using the Contacting us details in these terms;
• except as otherwise expressly set out in these terms, any claims relating to the possession or use of that Application are between you and us (and not between you, or anyone else, and Apple);
• in the event of any claim by a third party that your possession or use (in accordance with these terms) of that Application infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and
• although these terms are entered into between you and us (and not Apple), Apple, as a third party beneficiary under these terms, will have the right to enforce these terms against you;
• you represent and warrant that: + you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; and
•  you are not listed on any United States Government list of prohibited or restricted parties; and
• if that Application does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of that Application (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to that Application and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to that Application or as a result of you or anyone else using that Application or relying on any of its content.

Blackberry

If you download any Application from the BlackBerry App World, you acknowledge and agree that:

• any claims relating to that Application are between you and us, and not between you, or anyone else, and not between you, or anyone else, and Research in Motion, any of its affiliated entities, telecommunications carriers or merchants of record (collectively, RIM Parties) and that no RIM Party shall have any liability to you whatsoever; and
• although this Agreement is entered into between you and Orderella (and not any RIM Party), each RIM Party, as third party beneficiaries under this Agreement, will have the right to enforce the foregoing exclusion of liability.

Windows

If any Application that you download, access and/or use runs on a mobile phone using Microsoft’s Windows Mobile or Windows Phone operating systems, you acknowledge and agree that:

• Microsoft and your phone handset manufacturer have no obligation to provide any support services in relation to that Application;
• Microsoft, its wireless carriers over whose network that Application is provided and each of its and their respective affiliates and suppliers (collectively, Covered Parties) give no express warranties, guarantees or conditions under or in relation to that Application and, to the extent permitted under your local laws, they exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose and non-infringement; and
•  you will not seek to recover any damages, including consequential, lost profits, special, indirect or incidental damages from any Covered Party. This limitation applies to:
• anything related to that Application, services made available through that Application, or content (including code) on third party internet sites; and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if:

• repair, replacement or a refund for the Application does not fully compensate you for any losses; or
•  any Covered Party knew or should have known about the possibility of the damages.

How much does OrderText cost for my business?
We cost less than any company offering the same services. Our proccesing fees are lower, and we have specials for early adoptors. Schedule a demo now to take advantage of our next-to-nothing cost to get started.

Why would I use OrderText?
There are plenty of reasons to use OrderText in your business, including our SmartTables. We offer contactless ordering and payments as well as direct communication between customer and staff through the chat system. This means that the customer and your staff can enjoy the full experience of dining without physically sharing space with each other. It’s a safer experience for your staff and for customers, with fewer orders sent back for mistakes, increased table turnover time, and staff can more efficiently handle more orders. Additionally, you can use OrderText Pick-up ordering to expedite your line and make it a digital queue for counter pick-up service, or you can use OrderText Delivery to facilitate your incoming delivery orders, or use OrderText Curb-side to organize curbside delivery service. All of these options are great ways to promote social distancing.

How do I use OrderText for my restaurant/bar/food truck/coffee shop?
In the end, that is entirely up to you, but we have a plethora of ideas. We have a variety of solutions for check in methods, from at-table and pick-up to curbside and local delivery. We can generate QR codes for each of these various check-ins. In the OrderText Staff user interface, the table number and customer name are shown for table check-ins, and we show the customer name and time of check-in for other types of check-ins. Either one is displayed in the title of the chat with the customer.
If you are a sit-down restaurant, for example, you can use our SmartTable QR Code placards to allow your guests to seat themselves. Then they can check in, order, keep in touch with your staff, and pay all from their mobile phone. When the food is ready, you can let the customer know through our chat feature that it’s either on its way or ready to be picked up at the counter/bar/pick-up window.
When you use OrderText for pick-up orders, we will design a sign for your window, signpost, side of your truck, or a blackboard (wherever is most sensible for your business) using your logo and a QR code. We can also provide your design team with just a QR code.
For curbside and local delivery, we provide you with QR codes to place on your menus and handbills.

Why does OrderText have a chat feature between customer and staff?
We believe that the conversations that occur during a transaction are an essential component of the purchasing experience. This is absolutely essential for customers to communicate their specific dietary needs, such as food allergies. This also will make your business more accessible for non-verbal patrons.

Why is digitizing and physical distance essential?
Not all of your patrons are capable of standing in lines. This causes them to be unable to visit your business without another person assisting them to stand in line. Making the queue nonphysical allows your patrons with mobility impairments to frequent your business autonomously.
During times like a pandemic or flu season, where social distancing is highly recommended, digitizing your line helps you to naturally encourage social distancing between parties.

Must I have a wait staff to use OrderText?
Not at all. You can add an OrderText Pickup QR code to your menu or website. If your staff calls your customers to the counter by name, these Pickup QR codes can be used at tables as well.

Can OrderText help keep track of inventory?
Absolutely. This will be customized by our support staff for your specific needs.

How do I get QR codes for OrderText?
We will design and print a set of QR code placards with your logo for your tables. We will provide you with all the QR code graphic assets you will need for your menus, windows, or anything else you want to attach to your OrderText pickup service. Also, we can provide you with button links for your website to directly check in and allow your customers to order directly from your own web pages.

What payment processors does OrderText use?
Currently, we are fully integrated with Braintree, a PayPal company. We are also integrated Spreedly.

What printers can OrderText print to?
As far as we have tested, OrderText will work with any 80mm kitchen printer. OrderText should function with any printer installed on your local network, or any Bluetooth-connected printer.

Can OrderText print to multiple printers in the restaurant?
Yes, OrderText can print to several printers in the restaurant installed on your Network. Each item can be directed to the appropriate printer on your network.

What languages does OrderText support?
We currently support English. However our platform can be modified to support any left-to-right language format.

How do I add/edit/delete items?
Use OrderText’s menu builder to create menus, items, and modifiers. Images, description text, and prices can be created, updated, or removed. Our support staff can also offer assistance with importing or updating your menu.

How does OrderText handle refunds?
Currently, you will need to notify OrderText at [email protected] to identify which transaction needs to be refunded. We will refund the transaction, and then you will need to pay us back for the refund plus the processor’s refund fee if the refund occurs more than 24 hours after the transaction has settled.

How does OrderText handle taxes?
When your menu is input into OrderText, each menu is assigned a tax category. We calculate the tax at the time of checkout, and our payment processor, Braintree (a PayPal company), handles the rest.

How does OrderText handle receipts?
We email your customer their receipt. Your record of the transaction shows up in the manager’s transactions interface and reports.

Does OrderText support multiple menus throughout the week or different times of day?
Yes. You can activate and deactivate the menus at will in our user interface. We will soon have automatic menu scheduling through the menu builder.

Will OrderText work in my business if it has a weak network, internet, or mobile signal?
We may be able to provide useful general advice, but this may be an insurmountable obstacle to using OrderText in your business.

Will my staff worry about their job because of this?
No. OrderText does not replace your staff, but rather it increases staff efficiency, helping them to serve more customers than they otherwise could. OrderText is a true help to waitstaff, bartenders, and baristas — especially when shorthanded.

I’ve tried OrderText and it isn’t working for my business. How do I cancel?
Gather up the QR Code table placards and contact OrderText Support to have your business deactivated on our front page. You will need to remove any other assets that you have distributed to menus, signs, or your website. If you need us to delete your account and history, please contact [email protected]

OrderText LLC. (“we, our or us”) provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive when you visit ordertext.com (the “ Site ”) and when you use any part of our service or software via our Site (the “Service ”).

This Privacy Policy may be amended or updated from time to time. If we make any material changes to this Privacy Policy, we will post a notice of these changes on our Site and in this Privacy Policy. You are advised to consult this Privacy Policy regularly for any changes.

1. Information Collection

This Privacy Policy only applies to information you provide to us online while visiting or using our Site or the Service, or that we collect as part of the Service. It does not apply to information we have obtained offline or through other traditional means. Information you may provide in visiting or using our Site falls into two broad categories: personally identifiable information, and aggregate information. "Personally Identifiable Information" is information that is personal to you and which can be used to identify or contact you, such as your name, email address, financial information or mailing address. "Aggregate Information" is information that does not identify you, and may include, for example, statistical information concerning the web pages on our Site that users most frequent. Our Privacy Policy governs both categories of information, as detailed below.

1.1 Personally Identifiable Information.

We allow you to decide whether you wish to provide us with Personally Identifiable Information. Accordingly, we have structured our Site so that you may visit our Site, and review a range of information about bands, musicians and other materials relating to the music industry, without revealing your identity or providing any Personally Identifiable Information.

One of our goals in creating this Site, however, is to enable bands and musicians to post information about themselves and their music, including but not limited to music, graphics, photos and sounds (“ Content ”) and to enable music promoters and other music professionals to access and conduct commercial transactions with respect to such Content, including the licensing and purchasing of various rights in the Content.

In order to post any Content, perform certain transactions on the Site with respect to such Content, and in order to obtain access to certain other materials or information from our Site or portions of the Service, we ask that you become a registered user. Our registration forms will specify the information which you must provide in order to register and access and use certain features of the Site, including certain Personally Identifiable Information such as your email address, address and date of birth.

When a user becomes a [paying member] of the Site, we collect credit card billing information including mailing address, and such other information as may be requested by us from time to time.

1.2 Non Personally Identifiable Information: Aggregate Information

Information concerning our users' activities at the Site such as which pages they visit, and how long they view these pages, date and time of the visit, and information that your browser sends whenever you visit a website such as your computer's Internet Protocol address, browser type, the web page you were visiting before you came to the Site - is Aggregate Information. This information does not identify a particular user, but does provide potentially useful data concerning our users' preferences and activities on the Site, and the effectiveness and interest of our Site's features.

1.3 Cookies

We collect Aggregate Information about your use of our Site through cookies and similar Internet technologies. "Cookies" are small text files that a website can use to recognize repeat users, to facilitate the user's ongoing access to and use of the website, and to compile aggregate data to improve the website and focus advertising. Cookies work as follows: we will send a cookie to your browser that uniquely associates your computer with information stored at the Site. Your browser places the cookie in its cookies file. When you next access the Site on your computer, the Site recognizes the cookie, makes the stored information available, and adds new information based on the present visit.

You may choose not to allow us to collect information through cookies. If you wish, you can set your browser software to reject cookies, and most browsers provide instructions for disabling the cookies feature in their "Help" section. Because cookies can be used to provide certain functionality, if you disable your browser's cookies feature, certain elements of our Site may be unavailable to you.

1.4 Advertisers' Collection of Information

With Internet technology, it is possible for advertisers, as well as site hosts and other third parties, to collect information through the use of cookies and other technologies, such as so-called "clear GIF" files. We have no control over, and cannot necessarily protect against, the practices or policies of advertisers or other web site hosts using such technologies.

1.5 User communications

When you send email or other communications to us, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.

1.6 Other Websites

We offer and provide access to the Site and the Service in connection with other websites. Personally identifiable information that you provide to those sites may be sent to us in order to enable use of the Site or deliver the Service. We process such information in accordance with this Privacy Policy. We may present links in a format that enables us to keep track of whether these links have been followed. These other sites may place their own cookies or other files on your computer, collect data or solicit Personally Identifiable Information from you.  Other websites follow different rules regarding the use or disclosure of Personally Identifiable Information that you submit. We encourage you to read the privacy policies and other terms of the other websites.

2. Our Policy Toward Children

We do not knowingly collect Personally Identifiable Information from children under 18. If a parent or guardian becomes aware that his or her child has provided us with Personally Identifiable Information without their consent, he or she should contact us at [email protected]. If we become aware that a child under 18 has provided us with Personally Identifiable Information, we will delete such information from our files.

3. How We Use The Information that We Collect

3.1. Personally Identifiable Information

We use Personally Identifiable Information to (i) provide the Services, (ii) administer your use of the Site, the Services and your OrderText account, (iii) personalize your experience, (iv) post your page on the Site and post other Content that you provide to us, (v) as provided below, (vi) ensure all users follow the Site's Terms and Conditions and other rules and policies, and (vii) for other purposes specific to our Site. In connection with postings you may request we make on the Site, users of our Site shall have access to such information - which may include your personally identifiable information. For example, your name, address, telephone number and/or email address may be included in your page on the Site or attached to a listing or other submission for contact purposes.

From time to time, we also may use Personally Identifiable Information to us to provide you with information concerning newsletters, updates and other materials related to the purposes of our Site, or with information and offers for us or third parties that we believe you may find useful or interesting such as newsletters, marketing or promotional materials. We also will use this information to respond to questions from you, and to inform you of changes to our Privacy Policy, Terms and Conditions or other rules or policies of the Site. You are free at any time to opt-out of receiving email and other information we may send to you by following the directions in such emails or communications.

To advance the goals of our Site, we may link (a) your Personally Identifiable Information; with (b) Aggregate Information concerning for example your interests and preferences. Linking this information will allow us to create information packages and services that are better tailored to your interests and preferences. Among other effects, linking this information may allow us generally to improve and focus our Site. If we combine or link any information with your Personally Identifiable Information, the resulting combination will be treated as Personally Identifiable Information under this Privacy Policy.

3.2 Non Personally Identifiable Information

We use Aggregate Information for the above purposes and in order to monitor and analyze the Site (such as to measure our users' interest in and use of various areas of our Site, though many users are visiting our Site, and what areas of the Site present the most interest to our users), to improve the functionality, design and quality of the Site, to prepare statistical and other summary analyses of our users' behavior and characteristics, , for the technical administration of the Site and to investigate cases of suspected abuse.

We may share Aggregate Information, and reports based on this information, with third parties unrelated to the Site including among others the general public for industry analysis, demographic profiling, other commercial purposes and to deliver targeted advertising about other products and services. No such Aggregate Information that we provide to third parties will allow anyone to identify you. For example, we might report to unrelated third parties (a) the number of users of our Site; (b) the materials our users review while at our Site; or (c) the fact that "10% of our users use gmail." We may charge third parties for this information, and we may or may not limit the third parties' use of this information. We will use our reasonable best efforts to prevent third parties from attempting to make a connection between the Aggregate Information and the Personally Identifiable Information by, for example, seeking to combine it with other information.

3.3 Cookies

We use cookies to save your username and login password for future logins to the Site, to enable certain features of the Site, to better understand how you interact with the Site and to monitor web traffic routing on the Site and aggregate usage of the Site.

•  Both Personally Identifiable Information and Non Personally Identifiable Information
•  Service Providers. We may employ third party companies and individuals to facilitate the use of the Site, and to perform services related to administration of the Site (including without limitation bill and credit card payment processing, maintenance, hosting and database management services, web analytics and administration). These third parties have access to your Personally Identifiable Information only to perform these tasks on our behalf and are obligated to comply with this Privacy Policy.
•  Compliance with Laws and Law Enforcement. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas and administrative orders), pr [to protect our or a third party's property and rights or the safety of the public or any person] [to prevent or mitigate a threat of imminent harm to you or others, as is reasonably required in our discretion]
•  Business Transfers. We may sell, transfer or otherwise share some or all of our assets, including among others your Personally Identifiable Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

4. How We Safeguard Information We Collect

We have put in place security systems designed to prevent unauthorized disclosure and use of your Personally Identifiable Information or private communications. These systems are structured to deter and prevent hackers and others from accessing this information. Due to the nature of Internet communications and evolving technologies, however, we cannot provide, and disclaim, assurance that such information and communications will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.

5. How to Obtain Access to Information You Have Provided, And How To Remove or Change Your Information

We make good faith efforts so all of our registered users may review, update, correct or delete the Personally Identifiable Information, if not required to be retained by law or for legitimate business reasons to the extent permitted by law. You may do so by contacting us at  [email protected]. Please be sure to clearly indicate your contact and data privacy preferences. We reserve the right to verify the identity of any person making an opt-out or correct/update request, but shall have no liability whatsoever resulting from false or erroneous requests. If you completely delete all such information, your account shall be deactivated. We may charge for such services, and may retain an archived copy of your records as required by law or for legitimate business purposes to the extent permitted by law.

In addition, we may delete any information provided by you or related to you, pursuant to our policies as then in effect.

6. International Processing or Transfer

Your information may be processed or transferred outside of your state, where the privacy laws may not be as protective as those in your jurisdiction.

7. Contacting Us

If you have any concerns or questions about this Privacy Policy, please contact us at [email protected]