General Promotional TERMS
IMPORTANT LEGAL NOTICE
These general promotional terms (“GPT”, General Promotional Terms) extend the Merchant Services Agreement (“MSA) and are in addition to the terms of the MSA which also apply to these General Promotional Terms, save where varied by these terms. If the MSA has not been agreed to (e.g you are not yet a client or Order Digital) then these terms will extend the Terms on our website
Terms defined in the MSA shall have the same meaning in these terms.
Social Media Channels: The listing for your business on Facebook, Instagram, Twitter, Google, Google My Business, Trips Advisor and other major Social Medial websites.
Promoter: Order Digital or its affiliates
1.1. The following general terms and conditions will apply to all promotions and adverts issued by Order Digital from time to time for use when signing up for any of our services.
2.1 Our promotions are open to legal residents of the United Kingdom who are 18 years of age or older as of the date of entry. Employees of the promoter and its affiliates, partners, and agents, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee, are not eligible to participate.
2.2 Subject to 2.1, to be eligible for any of our promotions you must be:
- A legal business owner of a UK Food Serving business such as a Takeaway or Restaurant
- You must sign up to our services and have an active agreement to receive services from us
2.2. To benefit from any promotion or offer you must sign up to a paid for Service offered by Order Digital. Our offers and promotions are not available to individuals or businesses that are no active clients of Order Digital or do not have valid or active Merchant Accounts with us.
3. Conditions Of Participation
3.1 Advertising Based Offers: Where a promotion offers to perform advertising for a Merchant that promotion is subject to the Merchant or proposed Merchant agreeing to all of the following in addition to other criteria outlined in this agreement :
3.1.2 The Merchant agrees to the value of advertising offered to equal our third party costs, our own costs in delivering the advertising and our costs for delivering any software to collect orders and place that software on the internet. For the avoidance of doubt advertising spend will include a cost of £1500 + VAT to develop a Website and App for the client / Merchant / Vendor, and advertising management will be valued at a £1000+ VAT setup fee plus £250 + VAT per month, plus the costs of external third parties such as PPC campaigns + the hourly rate of £50 per hour to design or create adverts. Other costs deemed relevent by Order Digital may also be included as part of any Advertising cost provided.
3.1.3 Ongoing investment of advertising by Order Digital will be subject to the Merchant meeting our ongoing requirements for our Merchants included that the Merchant:
- Fulfilling all orders
- Does not receive any customer complaints for orders it receives via our advertising
- Secures recommended Hardware such as a new iPAD + Printer to ensure they can receive orders placed via advertising
- Completing third party Apple and Googles process and paying third party fees to secure accounts to host their own apps whilst ensuring we have the required access to those accounts.
- Completing our Onboarding Process in full and too a timely manner
- Being and remaining responsive to all our reasonable requests.
- Permitting promoter to run up-to 20% discounts for the Merchants own products and services in the advertising we do for them, e.g allowing us to offer "20% of your next order with "Merchant Name"""
- Permitting promoter to offer the Points System and to advertise this publicly, with 10 points earned for every £1 spent at a redemption value of 100 points per £1
- You must be an active client or Merchant of Order Digital
3.1.4 Agreement to pay us: Should you receive an order via our services that you fail to fulfill for any reason, then you agree that we can refund the end customer the full amount and deduct those funds from your revenues in full and we will charge you a "Failure to fufill fee" of £50 +. Vat which you agree to pay.
4. Termination of offer
This offer can be removed or terminated by us at any time or for any breech of these terms including section 3 Conditions Of Participation
If your contract with Order Digital is terminated by us for any reason, then all promotional offers including any offers to advertise your business will be void and will cease with immediate effect.
5. Limitation of Liability
5.1. General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.
5.2 By participating in this promotion, participants agree to release and hold harmless the promoter and its affiliates, partners, and agents, from any and all liability for any injuries, loss, or damage of any kind arising from or in connection with the promotion or acceptance, possession, use or misuse of any prize.
5.2. Exclusion of liability: Subject to clause 5.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with our Promotions (including the use, inability to use or the results of use of the Promotions) for:
12.2.1. any loss of profits, sales, business, or revenue;
12.2.2. loss or corruption of data, information or software;
12.2.3. loss of business opportunity;
12.2.4. loss of anticipated savings;
12.2.5. loss of goodwill; or
12.2.6. any indirect or consequential loss.
5.3. Limitation of liability: Our total liability to you in respect of all other losses arising under or in connection with the Promotions or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your first 3 months in fees to us, or £100, whichever is lower.
5.4. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Promotions, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
5.5 The promoter is not responsible for any technical malfunctions, errors, or failures of any kind, lost or unavailable network connections, or incomplete, garbled, or delayed computer transmissions, whether caused by the promoter, participants, or by any of the equipment or programming associated with or utilised in the promotion, or by any technical or human error that may occur in the processing of submissions that may limit a participant's ability to participate in the promotion.
5.6 The promoter is not responsible for any incorrect or inaccurate information, whether caused by website users, or by any equipment or programming associated with or utilised in the promotion. The promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, entries. The promoter is not responsible for any problems or technical malfunctions of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email, or players on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation in this promotion.