By signing up for, or using the OrderGrub.app services or any of the services of OrderGrub LLC or its affiliates (“OrderGrub.app”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by OrderGrub.app under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”), in person (“POS Services”), or both. Any such services offered by OrderGrub.app are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.OrderGrub.app.com/legal/terms. OrderGrub.app reserves the right to update and change the Terms of Service by posting updates and changes to the OrderGrub.app website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

 

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, including OrderGrub.app’s Acceptable Use Policy (“AUP”) and Privacy Policy, and, if applicable, Data Processing Addendum (“DPA”) before you may become a OrderGrub.app user.

 

Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using OrderGrub.app or any OrderGrub.app services, you are agreeing to these terms. Be sure to occasionally check back for updates.

 

1. Account Terms

You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.

To access and use the Services, you must register for a OrderGrub.app account (“Account”) by providing your full legal name, phone number, a valid email address, and any other information indicated as required. OrderGrub.app may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.

You acknowledge that OrderGrub.app will use the email address you provide as the primary method for communication.

You are responsible for keeping your password secure. OrderGrub.app cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).

A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of OrderGrub.app will result in an immediate termination of your services.

WHICH MEANS

You are responsible for your Account and any Materials you upload to the OrderGrub.app Service. Remember that with any violation of these terms we will cancel your service.

 

If we need to reach you, we will send you an email.

 

2. Account Activation

2.1 OrderGrub.app Account

 

Subject to section 2.1.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.

If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

2.2 Stripe Account

In order to process transactions on OrderGrub.app  you are required to sign up for a stripe account at https://stripe.com . This will be your default payment processor. You agree to be bound by the terms of their agreement and that it is your sole responsibility as the Account Owner to activate and maintain this account. If you do not wish to keep the payment account active, it is your responsibility to deactivate it. 

 

3. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the AUP and the Privacy Policy before you may become a member of OrderGrub.app.

 

Technical support is only provided to paying Account holders and is only available via email/helpdesk.

The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Texas and the laws of The United States of America applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Texas with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

You acknowledge and agree that OrderGrub.app may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on OrderGrub.app’s website, available at https://www.OrderGrub.app.com/legal/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to OrderGrub.app’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.

You may not use the OrderGrub.app service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of The United States of America and the State of Texas. You will comply with all applicable laws, rules and regulations in your use of the Service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by OrderGrub.app.

You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use OrderGrub.app or OrderGrub.app trademarks and/or variations and misspellings thereof.

Questions about the Terms of Service should be sent to support@OrderGrub.app

You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.

The Services allow you to send certain communications to your customers by short message service (SMS) messaging (for example, sending order confirmation notifications via SMS) (the "SMS Services"). You will only use the SMS Services in compliance with this agreement, Twilio Acceptable Use Policy, and the laws of the jurisdiction from which you send messages, and in which your messages are received.

You acknowledge and agree that your use of the Service, including information transmitted to or stored by OrderGrub.app, is governed by its privacy policy at https://www.OrderGrub.app /legal/privacy

All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. OrderGrub.app shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without OrderGrub.app’s prior written consent, to be given or withheld in OrderGrub.app’s sole discretion.

 

4. OrderGrub.app Rights

We reserve the right to modify or terminate the Service for any reason, without notice at any time.

We reserve the right to refuse service to anyone for any reason at any time.

We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a store, or the Materials uploaded or posted to a store, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.

Verbal or written abuse of any kind (including threats of abuse or retribution) of any OrderGrub.app customer, OrderGrub.app employee, member, or officer will result in immediate Account termination.

OrderGrub.app does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.

We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that OrderGrub.app employees and contractors may also be OrderGrub.app customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.

In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.

OrderGrub.app retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, OrderGrub.app reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

5. Limitation of Liability

You expressly understand and agree that OrderGrub.app shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

In no event shall OrderGrub.app or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, OrderGrub.app partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.

Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

OrderGrub.app does not warrant that the Service will be uninterrupted, timely, secure, or error-free.

OrderGrub.app does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

OrderGrub.app does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

6. Waiver and Complete Agreement

The failure of OrderGrub.app to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and OrderGrub.app and govern your use of the Service, superseding any prior agreements between you and OrderGrub.app (including, but not limited to, any prior versions of the Terms of Service).

 

7. Intellectual Property and Customer Content

We do not claim any intellectual property rights over the Materials you provide to the OrderGrub.app service. All Materials you upload remains yours. You can remove your OrderGrub.app service at any time by deleting your Account.

By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your ordering system; (b) to allow OrderGrub.app to store, and in the case of Materials you post publicly, display, your Materials; and (c) that OrderGrub.app can, at any time, review all the Materials submitted to its Service, although OrderGrub.app is not obligated to do so.

You retain ownership over all Materials that you upload to a OrderGrub.app ordering system; however, by making your ordering system live or public, you agree to allow others to view Materials that you post publicly to your ordering system. You are responsible for compliance of the Materials with any applicable laws or regulations.

We will not disclose your confidential information to third parties (“Your Confidential Information”), except as required in the course of providing our services. Your Confidential Information includes any Materials or information provided by you to us which is not publicly known. Your Confidential Information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

OrderGrub.app shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your ordering system to promote the Service.

 

8. Themes

Your ordering system has settings that allow you to modify the look and feel of your ordering system. You may modify the look to suit your ordering system. OrderGrub.app may add or modify the footer that refers to OrderGrub.app at its discretion. OrderGrub.app may modify the Theme where it contains, in our sole discretion, an element that violates the OrderGrub.app AUP or the Terms of Service, even if you received the Theme in that condition. OrderGrub.app may modify the Theme to reflect technical changes and updates as required.

 

11. Payment of Fees

You will pay the Fees applicable to your subscription to OrderGrub LLC. The Subscription Fees, or any other Fees are referred to as the “Fees”.

You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. OrderGrub.app will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and OrderGrub.app will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.

Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.

If we are not able to process payment of Fees using the Authorized Card, we will make a second attempt to process payment using the Authorized Card 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next Billing Cycle. You will not be able to access your Account during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, OrderGrub.app reserves the right to terminate your Account.

All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).

You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of OrderGrub.app’s products and services. These Taxes are based on the rates applicable to the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to OrderGrub.app of your exemption. If you are not charged Taxes by OrderGrub.app, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.

You must maintain your current location in the administration menu of your OrderGrub.app store and promptly update your location if you move jurisdictions. If you change jurisdictions you must promptly update your location in the administration menu.

OrderGrub.app does not provide refunds.

12. Cancellation and Termination

You may cancel your Account at any time by emailing support@OrderGrub.app and then following the specific instructions indicated to you in OrderGrub.app’s response.

Upon termination of the Services by either party for any reason:

OrderGrub.app will cease providing you with the Services and you will no longer be able to access your Account;

unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;

any outstanding balance owed to OrderGrub.app for your use of the Services through the effective date of such termination will immediately become due and payable in full; and

your store website will be taken offline.

If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

We reserve the right to modify or terminate the OrderGrub.app Service or your Account for any reason, without notice at any time.

Fraud: Without limiting any other remedies, OrderGrub.app may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

 

13. Modifications to the Service and Prices

Prices for using the Services are subject to change upon 30 days’ notice from OrderGrub.app. Such notice may be provided at any time by posting the changes to the OrderGrub.app Site (OrderGrub.app.com) or via an announcement.

OrderGrub.app reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.

OrderGrub.app shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

14. Third Party Services, Experts, and Experts Marketplace

OrderGrub.app may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.

Any use by you of Third Party Services offered through the Services, OrderGrub.app or OrderGrub.app’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, OrderGrub.app may receive a revenue share from Third Party Providers that OrderGrub.app recommends to you or that you otherwise engage through your use of the Services, OrderGrub.app or OrderGrub.app’s website.

We do not provide any warranties with respect to Third Party Services. You acknowledge that OrderGrub.app has no control over Third Party Services and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on OrderGrub.app’s websites, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with OrderGrub.app. OrderGrub.app does not guarantee the availability of Third Party Services and you acknowledge that OrderGrub.app may disable access to any Third Party Services at any time in its sole discretion and without notice to you. OrderGrub.app is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. OrderGrub.app strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.

If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. OrderGrub.app is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.

Google Maps is a Third Party Service that is used within the Services. Your use of the Service is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, Google Maps and Google Earth Additional Terms of Service and Google Privacy Policy as it may be amended by Google from time to time.

The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and OrderGrub.app is not obligated to intervene in any dispute arising between you and a Third Party Provider.

Under no circumstances shall OrderGrub.app be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider.

These limitations shall apply even if OrderGrub.app has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, OrderGrub.app partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

15. Beta Services

From time to time, OrderGrub.app may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants (“Beta Services”). Beta Services may be subject to additional terms and conditions, which OrderGrub.app will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered OrderGrub.app Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without OrderGrub.app’s prior written consent. OrderGrub.app makes no representations or warranties that the Beta Services will function. OrderGrub.app may discontinue the Beta Services at any time in its sole discretion. OrderGrub.app will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. OrderGrub.app may change or not release a final or commercial version of a Beta Service in our sole discretion.

 

16. Feedback and Reviews

OrderGrub.app welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback") to OrderGrub.app be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to OrderGrub.app (whether submitted directly to OrderGrub.app or posted on any OrderGrub.app hosted forum or page), you waive any and all rights in the Feedback and that OrderGrub.app is free to implement and use the Feedback if desired, as provided by you or as modified by OrderGrub.app, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to OrderGrub.app must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. OrderGrub.app reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.

 

17. DMCA Notice and Takedown Procedure

OrderGrub.app supports the protection of intellectual property and asks OrderGrub.app merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to OrderGrub.app’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. For more information, see our DMCA Notice and Takedown Procedure.

 

18. OrderGrub.app Confidential Information

During the course of your use of the Services, you may receive information relating to us, or to the Services, that is not known to the general public including information related to our security program and practices (“OrderGrub.app Confidential Information”). You agree that: (a) OrderGrub.app Confidential Information will remain OrderGrub.app’s exclusive property; (b) you will use OrderGrub.app Confidential Information only as is reasonably necessary for your use of or participation in the Services; (c) you will not otherwise disclose OrderGrub.app Confidential Information to any third party, except that you may disclose to your affiliates, employees, subcontractors and agents who, in each case, are subject to confidentiality obligations at least as protective of the OrderGrub.app Confidential Information as those contained in these Terms of Service; and (d) you will take all reasonable measures to protect the OrderGrub.app Confidential Information against any use or disclosure that is not expressly permitted in these Terms of Service.

 

19. Privacy & Data Protection

OrderGrub.app is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that OrderGrub.app’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

 

Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, OrderGrub.app’s collection and use of personal information of any European residents is also subject to our Data Processing Addendum.

 

 

OrderGrub LLC

22323 Keystone Trl

Katy, TX 77450

United States of America