Terms of Use

PLEASE READ CAREFULLY BEFORE USING THIS SITE

This End-User License Agreement ("Agreement") is a legal agreement between you ("User" or "You") and Pizza Mansion @ KL ("Company," "We," "Us," or "Our") governing your access to and use of the ordering platform, including its website, mobile applications, or any other interfaces provided (collectively, the "Platform"). The Platform is powered by and white-labeled by Orderu. By accessing, browsing, or using the Platform, you agree to be bound by this Agreement. If you do not agree to the terms of this Agreement, you must not access or use the Platform.

We licence use of the web and or mobile App to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator (Appstore) from whose site the End-user downloaded the App (Appstore Rules). We do not sell the App to you. We remain the owners of the web/mobile App at all times.

Important notice:

• By downloading any Orderu App from the app store or using any of our white label websites or clicking on the “Accept” button below you agree to the terms of the licence which will bind you. The terms of the licence include, in particular, the privacy policy defined in condition 1.5 and limitations on liability in condition 7.
• If you do not agree to the terms of this licence, we will not license the App to you and you must go no further with the installation of the App or stop the downloading or streaming process now by clicking on the “Cancel” below. In this case the downloading or streaming process will terminate. You should stop using any Orderu white-label websites as well. You should print a copy of this EULA for future reference.

Agreed Terms

1. ACKNOWLEDGEMENTS

1.1 The terms of this EULA apply to your use of the App and the service accessible through the App (the Service), including any updates or supplements to the App or the Service. It will also include the use or any Orderu white-label apps or websites as well as the site www.orderu.com

1.2 We may change these terms at any time by sending you an SMS or email with details of the change or notifying you of a change when you next start the App or log onto one of our websites. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Service.

1.3 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Service until you have downloaded or streamed the latest version of the App and accepted any new terms.

1.4 The terms of our privacy policy from time to time, are incorporated into this EULA by reference and apply to the Service that are not specified in any other condition hereof as having separate privacy policies. Additionally, by using the App or the Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

1.5 By using the App or the Service, you consent to us collecting and using technical information about the mobile telephones, computer systems and or hand held devices (Devices) and related software, hardware and peripherals for Service that are internet-based or wireless to improve our products and to provide the Service to you.

1.6 The App or the Service will contain links or allow you to link to consumer users of the Orderu App and website (Consumer Users). Consumer Users are not under our control, and we are not responsible for their acts or omissions. You will need to make your own independent judgment regarding your interaction with any Consumer Users, including the purchase and/or use by them of any goods and/or services provided by you. YOUR ATTENTION IS SPECIFICALLY DRAWN TO THE LIMITATIONS ON LIABILITY AT CONDITION 7 BELOW.

1.7 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

2. GRANT AND SCOPE OF LICENCE

2.1 In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App and website on the Devices, subject to these terms, the Privacy Policy and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights.

2.2 You may download or stream a copy of the App and website onto an unlimited amount of devices [with IOS version 0.7 or later] onto which the App or website may be downloaded or streamed and to view, use and display the App or website on the Devices for your business purposes only.

3. LICENCE RESTRICTIONS

Except as expressly set out in this EULA or as permitted by any local law, you agree;

(a) Not to copy the App or website except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;

(b) Not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or website;

(c) Not to make alterations to, or modifications of, the whole or any part of the App or website, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;

(d) Not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or website or attempt to do any such thing except to the extent that(by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:

4. INTELLECTUAL PROPERTY RIGHTS

4.1 You acknowledge that all intellectual property rights in the App and website and the technology it utilizes anywhere in the world belong to us or our licensors, that rights in the App and website are licensed (not sold) to you, and that you have no rights in, or to, the technology other than the right to use each of them in accordance with the terms of this EULA.

4.2 You acknowledge that you have no right to have access to the App in source-code form.

5. LIMITED WARRANTY AND SUPPORT

5.1 We warrant that:

(a) The App and website will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in the accompanying “About this App” document as may be updated from time to time; and

(b) That the App and website description correctly describes the operation of the App in all material respects, for a period of 30 days from the date on which the App or any update thereof is downloaded or streamed to the Devices (Warranty Period).

5.2 If within the Warranty Period you notify us in writing of any defect or fault in the App as a result of which it fails to perform substantially in accordance with the App or website description, you will be entitled to a refund of any fees charged (if any).

5.3 The warranty does not apply:

(a) If the defect or fault in the App or website or any Service results from you having amended the App or website;

(b) If the defect or fault in the App results from you having used the App in contravention of the terms of this EULA; and

(c) If you breach any of the Licence Restrictions or the Acceptable Use Restrictions.

5.4 This warranty is in addition to your legal rights in relation to software that is faulty or not as described.

5.5 Enquiries may be made and/or support may be requested by using the following email address - email: info@orderu.com

6. NATURE OF THE APP/LIMITATION OF LIABILITY

6.1 The app and website that make up the Orderu service comprise of a white-label solution where restaurants and other hospitality businesses can create their own-branded digital ordering systems. This can manage click and collect, takeaway, delivery and remote table ordering.

6.2 When you order through the Orderu platform you are contracted with Pizza Mansion @ KL and not Orderu. Orderu claims no responsibility over the quality of the food or the customer experience with the restaurant. You understand and agree that we are not a party to any agreements entered into between business users and consumers, nor are we a broker, agent or insurer. We have no control over the conduct of business users, consumers and other users of the service, the app, website or any good and or services provided by them and we disclaim all liability in this regard to the maximum extent permitted by law.

6.3 Due to the nature of our business and the fact that we cannot control the acts or omissions of third parties, we make no warranty, and specifically disclaim any liability, for the conduct of any Consumer User which are incidental to, ancillary to or consequent on your use of the Website. Further, you agree that you have no claim against us for loss, cost, damage, expense, charge or fee, theft, injury or death resultant either directly or indirectly from the actions, whether accidental, negligent or intentional of any third parties with whom you contract or interact as a consequence of an introduction made between you and any third party or other user facilitated through the App or website. We act as an intermediary only between you and third parties or other users and you agree to accept all risks associated with your use of the App or our services.

6.4 You acknowledge that the Orderu platform has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the platform described in the App Description meet your requirements.

6.5 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 6.6 but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the EULA.

6.6 Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract or otherwise, shall in all circumstances be limited to £100. This does not apply to the types of loss set out in condition 6.7.

6.7 Nothing in this EULA shall limit or exclude our liability for:

(a) death or personal injury resulting from our negligence;

(b) fraud or fraudulent misrepresentation; and

(c) any other liability that cannot be excluded or limited by Malaysian law.

7. TERMINATION

7.1 We may terminate this EULA immediately by written notice to you:

(a) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; and

(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.

8.2 On termination for any reason:

(a) all rights granted to you under this EULA shall cease;

(b) you must immediately cease all activities authorised by this EULA, including your use of any Services;

(c) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so;

(d) we may remotely access the Devices and remove the App from all of them and cease providing you with access to the Services and the Appstore and;

(e) You accept that any rating that you have built may be lost.

8. COMMUNICATION BETWEEN US

8.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to Old Park, Old Park Lane, Chichester, West Sussex PO18 8AP and/or info@orderu.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.

8.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.

9. EVENTS OUTSIDE OUR CONTROL

9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).

9.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:

(a) Our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and

(b) We will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.

10. OTHER IMPORTANT TERMS

10.1 We may transfer our rights and obligations under this EULA to another organization, but this will not affect your rights or our obligations under this EULA.

10.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.

10.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

10.4 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

10.5 Please note that this EULA, its subject matter and its formation, are governed by Malaysian law. You and we both agree that the courts of Malaysia will have non-exclusive jurisdiction. This agreement has been entered into on the date stated at the beginning of it.

11. CUSTOMER REFUND POLICY

This is the refund policy for customers obtaining a refund from the merchant.

11.1. Placing the Order

To complete an Order, the customer must follow the onscreen instructions after clicking ‘CHECKOUT’. The customer may be required to provide additional details for Orderu to complete your Order. The customer is required to review and confirm that all the information they provide, including the amounts, delivery details, personal details, payment information, and voucher codes (if applicable), is true, accurate and complete before the customer clicks “PLACE ORDER”. An order is successfully placed when the order status page is marked as confirmed.

11.2. Canceling an Order

The customer should contact the Merchant(s) immediately via the information provided in their domain(s) if you wish to cancel your Order after it has been placed. The customer have the right to cancel their Order provided a Merchant(s) has not yet accepted the Order yet.

11.3. Refunds

The customer has the right to a refund for a canceled Order only if a Merchant(s) has not yet accepted the Order. Should the customer still decide to cancel their Order after it has been accepted by the Merchant, the customers understand that no refunds (whether in whole or in part) will be issued to you and you forfeit the delivery of their canceled Order. Refunds will not be issued for mistakes made by the customers during ordering or collection, e.g. choosing or collecting from the wrong restaurant, uncollected order past the collection time/transition of menu (from Breakfast to Regular menu serving time) or restaurant closing time indicated on the domain.