1.2. This Agreement governs your use of: (i) our website, located at: [add a link] and operated by the Company (“Website”); (ii) the mobile application software, developed and owned by the Company., for an on-line ordering and payment solution via an, but not limited to, iPhone, iPad, Android, Windows and Blackberry (“Application”); and (iii) any related services thereto (“Services”). Throughout this Agreement, we will refer to Website, Application and Services together with any software, data, information or other material contained in or accessible via the Website and/or the Application and/or the Services, collectively as “WeOrder”.
1.3. The titles in this Agreement are provided only for your convenience and are not to be used in interpreting the Agreement. This Agreement applies equally to both genders, and the masculine language is used for convenience reasons only.
1.4. BY BROWSING, ACCESSING AND/OR USING ANY PART OF WEORDER, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE ANY PART OF WEORDER.
1.5. By browsing, accessing and/or using any part of WeOrder (whether with or without registration) you represent and warrant that: (i) You are 18 years of age or older; (ii) you are eligible to enter into binding contracts; you have an email address; and (iv) you have a valid credit card.
1.6. Please note that Company reserves the right, at its sole discretion, to revise, modify or change or remove portions or all of this Agreement, at any time. Please check periodically the Website to review such changes in the Agreement. Your use of, including any browse through or access of any part of WeOrder, after such revised Agreement has been posted on the Website, shall constitute your consent to the new or revised Agreement.
2.1. In order to make purchases using WeOrder, you must register for an account (“Account”) and fill out a registration form. This is so that we can provide you with easy access to perform various functions on the Website, view your past purchases, store any future credit for you, change user settings, and or modify your preferences and so on.
2.2. Once you finish registration, you can login with the password you chose for your account.
2.3. The registration form shall include the following information and or if signing up via a social media site, not limited to, Facebook, Google Plus or other, the same information will be collected as when you signup manually, which are as follows:
2.3.1. First and last name;
2.3.2. Valid personal email address that you access regularly;
2.3.3. Choose a password;
2.3.5. A telephone number;
3.1. By using the Application, user can pay for purchases of goods and/or services made by him, in any place of business where such goods and/or services may be displayed or referred to in WeOrder (“Merchant(s)”).
3.2. By clicking on the “Place Order” button in the Application, user confirm that all charges made by the user on its Account, shall be billed, based on the billing information affiliated with the Account.
3.3. By clicking the “Confirm Your Order” button, user is approves the purchase amount for payment and charges. Once payment has been approved by the user, no refunds, of any kind will be given.
3.4. The charge will be made based on the credit card details you provided in the Application(s).
3.5. If the credit card company refuses to honor your credit card, the purchase amount that was approved will be canceled, and the user will be required to pay up in cash or in any otherwise way accepted by the Merchant.
3.6. As part of its customers services WeOrder may grant its Users (whether directly or indirectly) from time to time, one or more gift coupons, ready for usage in one or more of the Merchant(s) (“Coupons”); both the installation and the usage of the Coupons are subject to the terms and conditions set forth herein; provided however that User’s right to install such Coupons on its Application shall be renewed only 30 days following the last Coupon installation made by such user.
3.7. If user opened a tab in the place of business by accepting the venues tab rules, but the payment process was not completed, user will be charged automatically for the payment amount, including additional local VAT and/or any charges due to services fee, according to applicable laws.
3.8. Unless otherwise instructed by WeOrder, any voucher of a merchant which is a restaurant must be presented to the waiting staff before any payment is made for the table. Unless otherwise instructed by WeOrder, Vouchers that are presented after a payment has been made through the WeOrder App will not be honored.
4.1. If you violate any of these limitations and/or commit fraud or falsify information in connection with your use of WeOrder or in connection with your Account, your Account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of WeOrder. If we terminate your Account, you may not re-enroll or join under a new Account unless we formally invite you.
4.2. Without derogation from anything in this Agreement, Company reserves the right to decline any new registration or to cancel any account, or to prevent any use of WeOrder (or any part of WeOrder), or to prevent user from making any purchase using WeOrder, either temporarily or permanently, at any time in its sole discretion without providing any prior notice, including due to any of the following: (i) the user performed an illegal acting by the law; (ii) the user violated any provision of this Agreement; (iii) the user provided incorrect information when registered for the account; (iv) the user performed an act or omission that harms the Company and/or anyone on its behalf and/or proper functioning of WeOrder and/or on any third party; (v) if the credit card user has been blocked or restricted in any way.
5.1. WeOrder is provided by Company on an “as is” and “as and when available” basis to users. You use WeOrder at your own risk.
5.2. Company makes considerable efforts to make information made available via WeOrder as accurate as possible but no warranty or fitness is implied.
5.3. Neither Company nor any of its officers, directors, shareholders, employees, affiliates, agents, third-party content providers, sponsors, licensers, or the like, makes any representation or warranty or condition, either express or implied, to you: That WeOrder will be uninterrupted or error-free; That WeOrder or the computer server(s) from which WeOrder is made available, are free of viruses or other harmful components; That it is the Merchant, and not Company, who is solely responsible for any goods and/or services provided to you, and therefore Company does not bear directly and/or indirectly any responsibility for this matter, including without limitation, for the availability, suitability or prices of such goods and/or services. To the accuracy, content, timeliness, completeness, legality, reliability, quality or suitability of any information, advice, content, service, search results, products or merchandise provided through WeOrder, Company makes and you receive, no representations, warranties or conditions, express or implied, statutory or otherwise with respect to: – WeOrder, its content, merchandise, services, documents, information, items or materials provided by Company in connection with the use of WeOrder; or – Any goods or services or information received through or advertised on WeOrder or received through links provided on WeOrder, including without limitation no representations, warranties or conditions of merchantability, suitability, fitness for a particular purpose, non-infringement of proprietary rights or otherwise.
5.4. No oral advice or written information given by Company or its affiliates, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, will create a representation, a warranty or condition nor should you rely on any such information or advice.
5.5. In jurisdictions that do not allow the exclusion or disclaimer of certain warranties, the above exclusion may not apply to you.
6.1. Under no circumstances will Company or any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensers, or any other party involved in the creation, production, maintenance or distribution of WeOrder be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to loss of profits, business, anticipated savings, goodwill, use of data or other intangible losses) that result from either: The use and reliance on WeOrder; or The inability to use WeOrder; or Mistakes, omissions, interruptions, suspension, termination, deletion of files or email, errors, defects, viruses, delays in operation, transmission or service response time, or any failure of performance with respect to WeOrder including without limitation those arising from acts of God, communications failure, theft, destruction or unauthorized access to Interlinked Media’s records, programs or services; or Merchandise, products or services received through or advertised on WeOrder and merchandise, products or services received through or advertised on any links provided on WeOrder; or Information or advice received through or advertised on WeOrder and information or advice received through or advertised on any links provided on WeOrder; or Any information, data, text, messages and other materials that you email, post upload, reproduce, transmit or is otherwise distributed using WeOrder, Company is unable to ensure or guarantee the security of any information transmitted over the Internet. Any information or data which you transmit to or by using WeOrder is done at your own risk and Company shall not be responsible or liable for any damages or injury that may result from transmitting such information.
6.2. If any jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
7.1. All intellectual property rights in WeOrder, including all copyright, patents, trademarks, service marks, trade names, designs, whether registered or unregistered, information content on WeOrder, any database operated by us and all WeOrder design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain the property of WeOrder Limited. (or that of its licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
7.2. None of the material listed in Section 7.1 above may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub- licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our permission.
9.1. These conditions and any and all documents specifically referenced herein constitute the entire agreement between you and Company with respect to the subject matter hereof. If any provision contained in these conditions is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these conditions and the remaining provisions shall continue in full force and effect.
This Agreement was most recently updated on the 24th March 2014.