TERMS AND CONDITIONS
Terms and Conditions of Use
ORDATIC, S.L. (hereinafter ORDATIC), is an online service to manage delivery channels with the restaurant management software (POS). These conditions set out the rights and obligations of the user and ORDATIC as service provider.
ORDATIC S.L with CIF B-40573883 and registered office at Carrer Fontanars dels Alforins 51, 1E, 46014, Valencia, (Spain), duly registered in the commercial register of Valencia in volume 10647, folio 135, page V- 186935, provides the ORDATIC Website and its related services in accordance with the terms set forth below.
You must be at least eighteen (18) years of age to access the service.
You must provide a full legal name, email address, and all information required by ORDATIC in the account creation process.
It is the user’s responsibility to provide truthful information, and ORDATIC reserves the right to delete any account if it is suspected of being untruthful or may violate any of ORDATIC’s rules of use.
You are responsible for maintaining the privacy of your account. ORDATIC shall not be liable for any damage or loss that may result from a user’s failure to protect his or her login information.
The parties agree to legally equate the customer’s autographic signature to that made by means of any other type of key, code or identifying security element. Notwithstanding the foregoing, the Service Provider may require written confirmation from the Customer when deemed necessary.
Types of contract
The payment of the Ordatic service starts at the moment the user receives the first order from one of the delivery platforms.
The customer is responsible for any contract and therefore for evaluating each and every one of the functionalities, in no case are custom developments made and any information about new features is merely informative and will not have any contractual link.
Once the paid service has been initiated, it will be automatically renewed on the renewal date until the user requests the cancellation of the account.
ORDATIC offers a system of rates that adapts to the volume of orders processed. The limits of each rate are specified in the rates section. If the user exceeds any of the rate limits, he/she will be automatically upgraded to the next price scale.
ORDATIC reserves the right to modify the rates unilaterally and at any time, without giving the user any right to compensation.
Payment and access
A valid bank card or bank account number is required to make payments. ORDATIC will charge a recurring periodic fee based on the volume of orders handled.
The Service is charged during the first 5 days of the month following the month of the service offered.
The customer agrees that it will not be necessary to confirm receipt of the acceptance of the contract when the contract has been concluded exclusively by electronic communication.
In case of non-payment or return of the receipt, the customer will be notified of the non-payment and will have 10 days to access the Service. If after this period you are not up to date with payments, the account will be suspended indefinitely until you are up to date.
No fees include any taxes or obligations required by your governmental authorities. You are responsible for payment of any such taxes or duties. You decide who has the right to log in to your account in the role you deem appropriate.
Modifications to the Service and Plans
ORDATIC reserves the right to modify or suspend, temporarily or permanently, the Service at any time for any reason with or without notice as it sees fit. ORDATIC reserves the right to change monthly fees with 15 days notice. Notices of fee changes will be posted on ORDATIC’s website and in writing.
Cancellation and Termination
Intellectual and industrial property
All contents included in the Website are provided for information purposes only, so that in no case may they serve as a basis for appeals or claims or constitute a source of rights.
All industrial and intellectual property rights on the Website are owned by the Company or third parties, so that in no case shall it be understood that the user’s access and navigation through the Website implies a waiver, transmission, license or total or partial transfer of such rights by the Website for the exploitation, reproduction, public communication, dissemination, disclosure and/or transformation of the Website or its contents, by way of example only: texts, images, trademarks, structure, graphic design and source codes, as well as any other distinctive sign of the Website (hereinafter jointly referred to as the “Contents”).
The reproduction, copying, use, distribution, commercialization or any other activity that may be carried out with the contents without the corresponding authorization of the Company is prohibited. You may not copy, modify, reproduce, upload, transmit, distribute, reverse engineer, disassemble or transform the Contents to any other format.
Ordatic is committed to the fulfillment of the obligation of secrecy of personal data, therefore it has adopted the necessary measures to prevent its alteration, loss, treatment or unauthorized access, taking into account at all times the state of technology.
Finally, it is reported that by visiting this Web Site is not automatically recorded any personal data that identifies a user, instead there is certain non-personal information and not identifiable with the same that is collected during the session through devices called “cookies” that allow to obtain statistical information on the use of the web portal to make improvements. All users should consult Ordatic’s Cookies Policy.
The transmission of information over the Internet is not completely secure. Ordatic has taken the necessary measures to protect information about the user’s data on the Website, but cannot guarantee the security of data transmitted over the Internet so any transmission will be at the user’s risk.
In this regard, the user acknowledges that, in general and taking into account the characteristics of current technology, whenever he/she provides personal information online, this information may be collected and used by third parties. Consequently, the user exempts the Company from any liability or harmful consequences arising from the use by third parties of personal information exchanged through Internet communication means (in particular chat or email) offered by the Website.
Additional Information and Links
Additionally, the Company may offer services and/or contents on the Website related to its activity, which are merely informative. Under no circumstances does the Company guarantee the accuracy of this information and reserves the right to update, modify or delete the contents, services and, in general, any elements that make up the design and configuration of the Website and the platform at any time and without prior notice, and may limit or deny access to them.
The Website may contain links to third-party websites whose ownership and management corresponds to independent distributors or service providers over which the Company has no control or ownership, so Ordatic does not guarantee nor is responsible in any way for those contents, commercial activities, products and services included in the Website by itself or by third parties that may be linked, directly or indirectly, through this. The presence of such links, unless expressly stated to the contrary, is for information purposes only and in no case implies a suggestion, invitation or recommendation thereof, and it is the user’s responsibility to verify as much information as may seem necessary and appropriate. The Company reserves the right to withdraw unilaterally and at any time the links that appear on its Web Site.
Exclusion of Warranties and Liability
The Company makes every effort to avoid any error in the contents that may appear on the Web Site. However, it does not guarantee, nor is it responsible for the consequences that may arise from errors in the contents that may appear therein, nor does it assume any liability whatsoever for the truthfulness, completeness, accuracy, legality and/or reliability of the information provided.
Ordatic has adopted, within its possibilities and the current state of technology, all reasonable measures in order to guarantee the correct functioning of the Website. Notwithstanding the foregoing, at no time does Ordatic guarantee the suitability for a particular purpose or its satisfactory quality. Ordatic is not responsible for and does not guarantee that access to it will be uninterrupted or free of error or cause any damage. By way of example, but not limitation, in no event shall the Company be liable for any loss, damage or injury of any kind in connection with access to and use of the Website and/or the Services arising from:
those caused to computer systems or those caused by the introduction of viruses and other computer codes, as well as possible security errors that may occur due to the use of non-updated software versions or the consequences that may arise from the malfunction of the user’s device;
for inappropriate use or infringement of the conditions established by Ordatic on the use of the Website and the platform;
of any action by the user that may involve a violation of any type of regulation, national or international, of intellectual or industrial property rights or any other right of third parties, or of the Conditions of Use;
interruptions of the service, delays, errors, malfunctioning of the Website and, in general, any inconvenience originating from causes beyond Ordatic’s control or from actions or services of third parties outside Ordatic and/or due to a fraudulent or negligent action of other users or third parties – attacks by hackers, crackers or other third parties – to the security or integrity of the computer system, and/or originating from Force Majeure causes.
The user guarantees Ordatic that he/she rigorously complies with these conditions, exempting the Company from any potential liability in this regard and shall hold harmless and, where appropriate, indemnify and compensate Ordatic, its directors, employees, affiliates, agents and any other related persons, with respect to any claims, liabilities, penalties, damages, losses, expenses or any other concepts resulting from any breach of these General Conditions.
The Company does not guarantee the usefulness of the Website for the performance of any specific activity, nor its infallibility. Likewise, the Company shall have the right, without any compensation to the user for these concepts, to temporarily suspend the services and contents of the Website in order to carry out maintenance, improvement or repair operations. When reasonably possible, the Company will give prior notice of any interruptions in the operation of the Website.
Applicable law and competent jurisdiction
Any controversy or dispute that may arise from the access, use or contracting of the services offered on the Website shall be governed in accordance with the provisions of Spanish law and subject to the exclusive jurisdiction of the Courts and Tribunals of Valencia.