TERMS AND CONDITIONS
User Terms of Service
By using the Ordly Service, you (the User) agree to these Terms of Service. Please read the following Terms of Service carefully before using the Ordly Service. If you do not agree with the Terms of Service, please do not use the Ordly Service. These Terms of Service apply to any use of the Ordly Service and to the Purchase Agreements between a Partner and the User. If you register as a company, association or any other legal entity, you represent and warrant that you are authorized to bind the entity into these Terms of Service.
“Partner” means a restaurant, hotel or other service partner who has signed a partner agreement with Ordly and who offers its products and delivery services, if applicable, through the Ordly Service.
“Ordly” means Ordly OÜ, Killustiku tn. 9-12, 11414, Tallinn, Estonia, company ID EE101967848
“Ordly App” means a digital application called Ordly provided by Ordly for natural and legal persons to order products and services from Ordly’s Partners.
“Ordly Service” means Ordly App, Ordly Manager and Ordly website ordly.io and other additional locations as mentioned at ordly.io
“Ordly Manager” means a digital online service for ordly partners to add, edit, remove products and other data displayed in Ordly App
“User” means a natural or legal person using the Ordly Service.
2. Identity of Ordly
|Company ID in Estonian Trade Register||EE101967848|
|Correspondence address||Killustiku tn. 9-12, 11414, Tallinn, Estonia|
|Telephone number||+358 45 229 3439|
Information about the identity and products and services of the Partners will be provided through the Ordly App and Ordly Website.
3. Description of the Ordly Service
3.1. Ordly acts as an intermediary between the User and the Partners and provides a platform on which the User can purchase products and services from the Partner of his/her choice.
3.2. The Partners provide the information about their products and services in the Ordly Service, including information on menus and product prices. The sale and purchase of the Partner’s products and services may be subject to additional terms and conditions of the Partners as set out in the Ordly Service. When selecting the Partner’s products and services that the User wishes to purchase from the Partner, the User makes a binding order to purchase the products and services from the Partner on the terms and conditions presented to the User in the Ordly Service before placing the order (“the Order”). After having received the Order, Ordly will transmit the details of the Order to the Partner. When the Order is accepted by the Partner, the User and the Partner enter into a legally binding agreement for the purchase of the Partner’s products and services ordered by User on the Order (“the Purchase Agreement”). Ordly will provide the User with an order confirmation and receipt on behalf of the Partner.
3.3. The Partner selected by the User will prepare the products set out on the Order to the User. Ordly is not responsible or liable towards the User for the (proper) execution of the Purchase Agreement by the Partner.
3.4. After the Order has been placed by the User, the Order cannot be cancelled by the User. You cannot withdraw or cancel an Order for products or services once you have placed it. Prior to placing an Order for a product or service you should carefully review your selection.
4. User Accounts
4.1 In order to use the Ordly Service, the User must create a user account by following the registration instructions in the Ordly Service. The Ordly Service credentials are personal. The User shall ensure that any user account credentials and equivalent information required to access the user account of the User are kept confidential and used in a secure manner not accessible by third parties. A User can have only one user account.
4.2 Where it is suspected that any unauthorized person has become aware of a User’s user account credentials or has access to the user account of the User, the User shall immediately inform Ordly thereof. The User shall be responsible for any use of the Ordly Service and any activity under the user account of the User.
4.3 In order to use the Ordly Services, you agree to pay for all purchases arising from your use of the Ordly Services. You must keep your credit card, user information and payment information that you have submitted to your user account updated.
5. Time estimates
5.1 Any delivery time or pick-up time or other time estimate communicated to the User by the Partner or Ordly in the Ordly Service are only estimated times. There is no guarantee that the Order will be delivered or available for pick-up or consumption at the estimated delivery time. Delivery times of the products may also be affected by factors such as rush hours and weather conditions.
6. Intellectual Property Rights
6.1 All Intellectual Property Rights in or related to the Ordly Service and thereto related documentation and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of Ordly and/or its subcontractors/licensors. “Intellectual Property Rights” shall mean copyrights and related rights (including database and catalogue rights and photography rights), patents, utility models, design rights, trademarks, tradenames, trade secrets, know-how and any other form of registered or unregistered intellectual property rights.
6.2 These Terms of Service do not grant the User any Intellectual Property Rights in the ORdly Service and all rights not expressly granted hereunder are reserved by Ordly and its subcontractors/licensors.
6. Additional Provisions for use of the Ordly Service
6.1 The Ordly Service is only available to persons of the age of 18 years or older.
6.2 The User shall observe all applicable rules and regulations when using the Ordly Service, including the purchase of alcohol and tobacco.
6.3 We are constantly developing the ORdly Service and we may change or remove different parts of the Ordly Service, including features, the products and Partners available in the Ordly Service in part or in whole.
6.4. By using the Ordly Service, the User may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Ordly generally does not review content provided by the Partners. Ordly is not responsible for third parties’ (including the Partners’) content or information or for any damages arising as a result of the use of or reliance on it.
6.5 You shall be responsible for obtaining and maintaining any devices or equipment (such as telephones) and connections needed for access to and use of the Ordly Service and all charges related thereto.
6.6 The User will not: (i) use or attempt to use another person’s Ordly account and/or access another person’s payment data on the Ordly Service or use another person’s payment cards when using the Ordly Service, without consent of that other person; (ii) copy, modify or create derivative works of the Ordly Service or any related technology; (iii) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Ordly Services or any related technology, or any part thereof; (iv) remove any copyright, trademark or other proprietary rights notices contained in or on the Ordly Service; (iv) remove, cover or obscure any advertisement included on the Ordly Service; (v) collect, use, copy, or transfer any information obtained from the Ordly Service without the consent of Ordly; (vi) use bots or other automated methods to use the Ordly Service; (vii) create a Ordly account using a fake identity or an identity of another person; and (viii) access the Ordly Service except through the interfaces expressly provided by Ordly, such as the Ordly App, Ordly Manager and Ordly Website.
6.7 Ordly is entitled to remove a User from the Ordly Service with immediate effect and/or refuse or cancel any Orders from a User if (i) the User abuses the Ordly Service or causes any harm or detriment to the use of the Ordly Service or the Partners and/or Ordly, (ii) the User places a false Order (for example by not paying or by not being present on the delivery or collection location in order to receive the Order) or otherwise fails to comply with his obligations arising from these Terms of Service; (iii) if there is reasonable doubt about the correctness or authenticity of the Order. If Ordly cancels an Order that has already been paid for, Ordly shall transfer that amount into the same account as the one from which the payment was made by the User.
7. Term and termination
7.1 These Terms of Service are in force as a binding agreement until further notice as long as the User is using the Ordly Service.
7.2 The user can discontinue the use of the Ordly Service at any time. Ordly can discontinue providing the Ordly Service permanently or temporarily at any time.
7.3 Subscription terms
7.3.1 Month-to-month subscriptions
Service begins as soon as your initial payment is processed. You’ll be charged the rate stated at the time of purchase, every month, until you cancel. If you cancel within 14 days of your order, you’ll be fully refunded. Should you cancel after 14 days, your payment is non-refundable and your service will continue until the end of that month’s billing period. Cancellations can be made any time by contacting Ordly Customer Support.
7.4 Trial subscriptions
When we may terminate your free trial or close your app and manager account
7.4.1 We may terminate your free trial, close your app account and/or prevent your access to and use of the app or your manager account without any liability to you in any of the following circumstances:
(a) If you breach any of these terms in any way
(b) If you use the app or your manager account in any way which, in our reasonable opinion, is in breach of these terms
(c) If a third party threatens to start legal proceedings against us based on any of your doings or your use of the app / manager
(d) If you challenge or dispute any of our rights in or to the app or any Ordly content, or the rights of any persons who have licensed any parts of the app or Ordly content to us.
7.4.2 We may, at our absolute discretion and without any liability to you, terminate your free trial, close your app account and prevent your use of the app or your manager account without giving any reason or warning.
2. Your right to cancel the Trial period
2.1 You have the right to cancel your trial period any time during your trial phase by
(a) Contacting us directly by email or by phone
(b) By waiting out your given trial period, after which if no payment method is set your trial will be cancelled automatically
8. Limitation of Liability
8.1 The following section is only applicable to non-consumer Users of the Ordly Service: Under no circumstances shall Ordly be liable to the User for any indirect damages, including lost profits, lost sales or business, lost data or business interruption, or for any direct damages in excess of the amounts actually retained by Ordly from the User in the three (3) months preceding the event giving rise to the claim.
9.1 Please note that the Ordly Service may at any time be interrupted or permanently discontinued. The Ordly Service may also be temporarily suspended. Do not use the Ordly Services for backing up any data.
9.2 The Partner is committed to prepare the Order in accordance with the features ordered by the User and within the time shown on the Ordly Service. If there are any defects in the Order, the User may contact either the customer service of Ordly, acting on behalf of Partner, at email@example.com or the Partner directly.
9.3 The Partner is solely liable for any defects in the contents and preparation of the Order or other shortcomings in the performance of the Purchase Agreement.
9.4. The User who has discovered shortcomings in the performance of the Purchase Agreement must submit any complaints to Ordly or the Partner without delay, with clear descriptions of said shortcomings.
10. Applicable Law and Dispute Resolution
10.1 These Terms of Service shall be governed by and shall be construed in accordance with the laws of Estonia. If you are a consumer domiciled in the EU, please note that you cannot be deprived of the rights granted to you by the mandatory consumer protection laws of your country of domicile. Disputes arising from these Terms of Service shall be resolved by the district court of Tallinn. A consumer may always institute proceedings in the district court of its domicile. Parties may also use the ODR platform managed by the European Commission to settle their disputes. This platform can be found on http://ec.europa.eu/odr . As a Estonian consumer, you may always refer a dispute to the Estonian Consumer Disputes Board.
11.1 These Ordly Terms of Service are subject to amendments.
11.2 Ordly shall publish the amended Ordly Terms of Service at the Ordly Website and shall inform the User that the Ordly Terms of Service have been amended on the Ordly Service or by email to the email address submitted to the Ordly Service by the User. If the User does not agree to any amended Ordly Terms of Service, he/she shall discontinue the use of the Ordly Service.
12.1 Ordly shall be entitled to assign all or any of its rights or obligations hereunder in whole or part to an affiliate or successor or to a purchaser or acquirer of its business assets relating to Ordly Service without the User’s prior consent.
12.2 The User shall not be entitled to assign any of its rights or obligations hereunder in whole or part.