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Terms of Service Welcome to OrderBeez Portal (“OrderBeez”). We offer an online Software as a Service (SaaS) delivery model to provide an e-commerce solution for our Partner Restaurant’s. For example, we provide an online ordering and shopping cart available through our website, OrderBeez.com, and through other user interfaces, that integrates with your website or social presence. You must read, understand, and agree with the Terms of Service and OrderBeez’s Privacy Policy before you use any of OrderBeez’s products and services. This includes all features and functionalities, user interfaces such as our website, and all content and associate software (in whole or in part, the “Products and Services”). These Terms of Service require all disputes between you and OrderBeez to be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement below for the details regarding your agreement to arbitrate any disputes with OrderBeez. These Terms of Service are also a resource for you to have a deeper understanding of how our Products and Services work, including the kinds of data we collect, the way we bill, how we interact with you and other useful details. We encourage you to revisit these Terms of Service when you have a question about the Products and Services or want to know how something works. We hope you enjoy your OrderBeez experience. Purpose of OrderBeez The purpose of OrderBeez is to provide a simple and convenient service to consumers, by enabling Partner Restaurants or Merchants to accept direct orders from them directly and accessing Partner Restaurants or Merchants Interactive menus and submit orders at a click of a button from various digital channels. OrderBeez does not sell or interfere in any way in the production of any food produced in a partner restaurant. The Partner Restaurants or Merchants are obligated to comply with country local laws, rules, regulations, and standards pertaining to food preparation, sale, marketing and safety. However, it is important for users to understand that OrderBeez does not in any way independently verify the credentials, representations or products of Partner Restaurants or Merchants , the ingredients or the quality of any products, or that a Partner Restaurant is in compliance with applicable laws. OrderBeez does not in any way guaranty the quality of any food or that any food complies with applicable laws and does not guarantee matching the menu displayed on the site of what is actually provided to the users. In addition, a restaurant may represent that food preparation is in accordance with special standards such as "organic," "macrobiotic" or allergen-specific standards such as "nut-free", "gluten-free", or "lactose-free". However, OrderBeez does not independently investigate or verify such representations. OrderBeez shall not be liable or responsible for any food or services offered by Partner Restaurants or Merchants that is unhealthy, is the cause of injury, that is otherwise unacceptable to buyers or that does not meet the expectation of buyers in any manner. Buyers are solely responsible for verifying the accuracy of delivery addresses, and OrderBeez shall have no liability or responsibility for any such erroneous addresses. All food preparation and deliveries are the sole responsibility of the partner restaurant using OrderBeez service. Please be aware that the partner restaurant will do everything they can to meet the delivery time specified, however delivery times may be affected by factors beyond their control and therefore cannot be guaranteed. Acceptance of Terms of Service By using, visiting, or browsing the Products and Services as a user or paid or unpaid member, you accept and agree to be bound by these Terms of Service, available at https://www.orderbeez.com/?open=terms-and-conditions. Further, you must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including OrderBeez’s Privacy Policy, the Copyright Policy, and, if applicable, the EU Privacy Policy, the Data Processing Agreement (“DPA”) and the CCPA Notice (collectively, the “Policies”), before you may sign up for an OrderBeez Account or use any OrderBeez Services. If you do not agree to these Terms of Service, you should not use the Products and Services, including our website and software. Violation of any terms will result in termination of your account. Questions about the Terms of Service may be sent to help@OrderBeez.me These Terms of Service, together with the Policies, constitute the entire agreement between you and OrderBeez and supersede any and all previous agreements, written or oral, between you and OrderBeez, including previous versions of the Terms of Service. Any failure of OrderBeez to enforce or exercise a right provided in these terms is not a waiver of that right. Changes to Terms of Service OrderBeez reserves the right, from time to time, with or without notice to you, to change these Terms of Service, including the Policies, in our sole and absolute discretion. OrderBeez may also freely assign or transfer this Agreement. The most current version of these Terms of Service can be reviewed by visiting our website and clicking on “Terms of Service” located at the bottom of the pages of the OrderBeez website. The most current version of the Terms of Service will supersede all previous versions. We will endeavor to post prior version(s) on our website when the Terms of Service are updated. If any provision of this Agreement is declared void or unenforceable by any judicial authority, this shall not nullify the remaining provisions of the Agreement, which shall remain in full force and effect. Account Terms Overview You are responsible for using the Products and Services in a private and secure manner. OrderBeez is not liable for any damage or loss due to unauthorized account access resulting from your actions, such as not logging out of the Products and Services or sharing your account password. OrderBeez can refuse registration or cancel an account at its sole discretion at any time. You may not use the Products and Services for any illegal activity or to violate laws in your jurisdiction or any other jurisdiction You may not use the Products and Services to distribute unsolicited email (“spam”) or malicious content such as viruses or worms. You may not exploit the Products and Services to access unauthorized information. OrderBeez reserves the right to modify, suspend, or discontinue the Products and Services for any reason, with or without notice. Abuse or excessively frequent requests to the OrderBeez website or other Products and Services may result in the temporary or permanent suspension of your account’s access to the Products and Services. OrderBeez, at its sole discretion, will determine abuse or excessive usage. OrderBeez will make a reasonable attempt via email to warn the account owner prior to suspension. OrderBeez & its Partners owns intellectual property rights to any protectable part of the Products and Services, including but not limited to the design, artwork, functionality, and documentation. You may not copy, modify, or reverse engineer any part of the Products and Services owned by OrderBeez & Its Partners For more details, see below the Intellectual Property section of these Terms of Service. You are responsible for the security of cardholder data you possess or otherwise store, processes, or transmits on behalf of your customer, or to the extent that you could impact the security of your customer’s cardholder data. User Conduct and Submissions Any text, graphics, photographs, or other information communicated to OrderBeez & its Partners (collectively, “Content”) belongs to the person who posted such content. You may use any Content posted by you in any other way without restriction. You may only use Content posted by others in the ways described in these Terms of Service. You give OrderBeez a non-exclusive, free, worldwide license for the duration of the applicable author’s rights, to publish your Content. In addition to the right to publish, you also grant the following rights, without limitation: (i) the right to reproduce; (ii) the right to transfer, which includes the distribution via computer and networks; (iii) the right to edit, modify, adapt, arrange, improve, correct, translate, in all or in part; (iv) the right to update/upgrade by adding or removing; and (v) the right to film, perform or post the Content in any media. Except as described in our Privacy Policy, OrderBeez will not be required to treat any Content as confidential. OrderBeez cannot control all Content posted by third parties to the Products and Services, including to our user interfaces, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Products and Services you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will OrderBeez be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. If you would like to report objectionable materials, please contact help@orderbeez.me By accessing the Products and Services, including our website and other user interfaces, you agree to use the Products and Services, including all features and functionalities associated therewith, our website, other user interfaces and all content and software associated therewith in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Products and Services or Content therein. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Products and Services. You also agree not to interfere with the servers or networks connected to any portions of the Products and Services or to violate any of the procedures, policies or regulations of networks connected to the Products and Services. You also agree not to impersonate any other person while using the Products and Services, conduct yourself in a vulgar or offensive manner while using the Products and Services, or use the Products and Services for any unlawful purpose. Use of the Products and Services and any personally identifying information submitted through the Products and Services, such as through our user interfaces containing community forums, is subject to our Privacy Policy, the terms of which are incorporated herein, and a copy of which is currently located at https://www.orderbeez.com/ privacy policy page Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of the policy. By using the Products and Services, you are consenting to receive certain communications from us. For example, OrderBeez may send you newsletters about new OrderBeez features, special offers, promotional announcements and customer surveys via email or other methods. Please review our Privacy Policy for further details on our marketing communications. You can also find the unsubscribe instructions there. By using the Products and Services, you consent to receiving electronic communications from OrderBeez. These communications may include notices about your account (for example, change in password or Payment Method, confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with OrderBeez and you receive them as part of the OrderBeez membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. The member who created the OrderBeez account and whose Payment Method is charged is referred to here as the “Account Owner”. The Account Owner has access and control over the OrderBeez account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting OrderBeez Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (for example, the last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. BY SHARING THE OrderBeez.com ACCOUNT PASSWORD, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT THE PERSONS WITH WHOM IT SHARES THE PASSWORD COMPLY WITH THE TERMS OF SERVICE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF SUCH PERSONS. Any abuse or threatened abuse of other users of the Products and Services or of OrderBeez personnel will result in immediate account termination. Cancellation and Termination You can cancel your paid subscription to OrderBeez Products and Services at any time There will be no subsequent charges to your credit card after cancellation. You may terminate your account by selecting the “Close my account” option in your account. You need to cancel your paid subscription before you can close your account. Features and Functionality The Products and Services include an online shopping cart that can be integrated with your existing website, blog, social network as applicable. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate the Products and Services. Any description of how the Products and Services work should not be considered a representation or obligation with respect to how the Products and Services always will work. We are making constant adjustments to the Products and Services and often these Terms of Service do not capture these adjustments completely. Social Media For members in certain countries, some of the Products and Services, such as our online shopping cart, can be added to your page on social media networks, such as Facebook. BY CONNECTING YOUR ORDERBEEZ.COM ACCOUNT TO YOUR FACEBOOK ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO FACEBOOK (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON FACEBOOK AND YOUR ACCOUNT SETTINGS ON ORDERBEEZ.COM). IF YOU DO NOT WANT INFORMATION ABOUT YOU TO BE SHARED IN THIS MANNER, DO NOT USE THE FACEBOOK CONNECT FEATURE. OrderBeez & its partners and Facebook are continually making changes and improvements to this feature, and therefore the available features and information that is shared may change from time to time. These changes may take place without notice to you and may not be described in these Terms of Service. Anti-Corruption, Export and Sanctions Compliance With respect to these Terms of Service, you represent, warrant, and covenant that you: •have not and will not violate, or cause any party to be in violation of, any applicable anti-bribery or anti-corruption law (including, but not limited to, the U.S. Foreign Corrupt Practices Act of 1977, as amended, the U.S. domestic bribery statute in 18 U.S.C. 201), anti-kickback laws, anti-money laundering and anti-terrorist financing laws, sanctions, embargoes, export controls, import controls, anti-fraud laws, or any other applicable law, regulation, or order (collectively, “Applicable Laws”); •have not and will not use or apply the Products and Services or our website in violation of Applicable Laws •have not and will not with a corrupt, improper, or illegal intention directly or indirectly (through third parties) pay, provide, promise, offer, authorize, solicit, or accept any money, gift, hospitality, entertainment, favor, financial advantage, or other thing of value to or from any individual, organization, political party, or entity whether in the public or private sector in any country in order to obtain, retain, or direct regulatory approvals, licenses, permits, business, contracts, investments, sales, tax or duty assessments, import or export clearances, foreign exchange clearances, or other advantages •shall cause all of your employees, officers, directors, agents, contractors, vendors, and partners (collectively, “Relevant Parties”) to comply with all of the terms contained in this Anti-Corruption, Export and Sanctions Compliance Section •are not, and will ensure that your Relevant Parties and customers are not, (a) nationals, residents, agents or representatives of Iran, Cuba, North Korea, Syria, the Crimea Region of Ukraine, or any other region subject to comprehensive U.S. sanctions; (b) on the List of Specially Designated Nationals & Blocked Persons, the Sectoral Sanctions Identifications (SSI) List, or Foreign Sanctions Evaders List maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury, or any other applicable list of sanctioned, embargoed, blocked, criminal, or debarred persons maintained by any U.S. or non-U.S. government, the European Union, Interpol, the United Nations, the World Bank, or any other public international organization (each such list, a “Sanctions List”); (c) an entity that is 50% or more owned, individually or in the aggregate, directly or indirectly, by, is controlled by (including without limitation by virtue of such person being a director or owning voting shares or interests), or acts, directly or indirectly, for or on behalf of, any person or entity on a Sanctions List; or (d) otherwise the target of any sanctions, suspensions, embargoes or debarment by the U.S. government or any other government or public international organization •shall secure all necessary export/sanctions licenses or authorizations to the extent applicable and necessary •shall implement an effective, risk-based compliance program and necessary internal controls (including, but not limited to, conducting sanctions screenings of your Relevant Parties and customers) to ensure compliance with Applicable Laws and this Anti-Corruption, Export and Sanctions Compliance Section •shall reasonably cooperate with OrderBeez to (a) ensure compliance with sanctions, embargoes, and other Applicable Laws and/or (b) review and remediate actual or potential violations of sanctions or other Applicable Laws, including, but not limited to, suspending or terminating the supply of products or services to customers or other persons that appear on a Sanctions List or are otherwise the target of sanctions and other similar restrictions. A violation of the foregoing representations, warranties, or covenants will constitute a material breach of these Terms, and, in the event of such a violation, OrderBeez may, at its sole option, terminate this Agreement for cause and without further liability or obligation on the part of OrderBeez Any such breach will entitle OrderBeez to seek to be indemnified by you and/or obtain injunctive and other equitable relief, in addition to any other remedies which may be available under Applicable Laws. Identity Protection You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your OrderBeez account. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Where possible, users of public or shared networks should log out at the completion of each visit. If you find that you are a victim of identity theft and it involves an OrderBeez account, you should notify us at Info@orderbeez.com Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the OrderBeez website and not through a hyperlink in an email or any other electronic communication, even if it looks official. OrderBeez reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. OrderBeez is not obligated to credit or discount a membership for holds placed on the account by either a representative of OrderBeez or by the automated processes of OrderBeez. Warranties UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, ORDERBEEZ MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. ORDERBEEZ DOES NOT WARRANT THE RESULTS OF USE OF ANY OF THE PRODUCTS AND SERVICES, AND ACCOUNT HOLDER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO. Limitation of Liability and Damages. IN NO EVENT SHALL ORDERBEEZ, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILATIES, AGENTS OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARLY DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR INTANGIBLE DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCTS AND SERVICES, OUR WEBSITE, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE PRODUCTS AND SERVICES, INCLUDING ANY FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCTS AND SERVICES, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT OF YOUR PREVIOUS THREE (3) MONTHS OF FEES PAID TO ORDERBEEZ ON YOUR MEMBERSHIP PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF SERVICE, INCLUDING ANY PORTION OF ANY POLICY, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF SERVICE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. Indemnification You shall indemnify OrderBeez for damages, costs and attorneys fees that OrderBeez incurs from any third party claim that (i) arise from your modification of the Products and Services or (ii) the use by OrderBeez of any materials provided to OrderBeez by you for use in the Products and Services infringe any patent, copyright, trademark, trade secret or other intellectual property right under law. You shall assume the defense of any third party claim with counsel reasonably satisfactory to OrderBeez. OrderBeez may employ its own counsel in any such case and shall pay such counsel’s fees and expenses. You shall have the right to settle any claim for which indemnification is available; provided, however, that to the extent that such settlement requires OrderBeez being indemnified to take or refrain from taking any action or purports to obligate OrderBeez being indemnified, then you shall not settle such claim without the prior written consent of OrderBeez, which consent shall not be unreasonably withheld, conditioned or delayed. THE PARTIES DISCLAIM THE IMPLIED WARRANTY OF NON-INFRINGEMENT, RELYING INSTEAD ON THE TERMS OF THIS SECTION. Additional disclaimers or limitations of liability may be contained in the various third party software, licensing and service agreements you may have agreed to in order to access the Products and Services. Intellectual Property Copyright. The Products and Services, including all content included on our user interfaces, or delivered to members as part of the Products and Services, including, but not limited to, source code, data compilations, and software, are the property of OrderBeez licensor or its Technology licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. While the Products and Services include open-source software available for free, the compilation of all content and any software or other materials provided by OrderBeez and its licensor, or in connection with the Products and Services are the exclusive property of OrderBeez licensor and its technology licensors are protected by the copyright and trade secret laws in the territories in which the Products and Service operate and by international treaty provisions. Content shall not be reproduced or used without express written permission from OrderBeez or its licensors. You agree to adhere to the restrictions set forth in these Terms of Service. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible from OrderBeez Portal , not to insert any code or product into or manipulate the content of the Products and Services in any way, and not to use any data mining, data gathering or extraction method. OrderBeez reserves the right to terminate your membership hereunder if OrderBeez, in its sole and absolute discretion, believes that you are in violation of OrderBeez and its licensors software restrictions, restrictions against copying the Products and Services provided to you by us, or other unauthorized copying or use of our proprietary content in violation of the copyrights of OrderBeez and its licensors. OrderBeez does not promote, foster or condone the copying of third-party products or categories or any other infringing activity. While the use of the Products and Services, including demos of online stores, store products and services, are for your commercial use, such items proprietary to third parties are not. Please see the instructions at the end of these Terms of Service for notifying us of the presence of any allegedly infringing content of the Products and Services, including any on the website www.orderbeez.com Trademarks. OrderBeez is a registered trademark of OrderBeez The OrderBeez logo and OrderBeez.com are trademarks or service marks of OrderBeez. The Products and Services, including but not limited to their graphics, logos, page headers, button icons, scripts and service names constitute trade dress of OrderBeez. The trademarks, service marks and trade dress of OrderBeez may not be used or reproduced without prior written approval from OrderBeez and may not be used in connection with any product or service that is not affiliated with OrderBeez, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of OrderBeez, or in any manner that disparages or discredits OrderBeez. Other trademarks that appear on the OrderBeez website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by OrderBeez. Any images of persons or personalities contained on the OrderBeez website and user interfaces are not an indication or endorsement of OrderBeez or any particular product or our service unless otherwise indicated. Use of Information Submitted OrderBeez is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Products and Services, including the OrderBeez website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Products and Services. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future. Please note OrderBeez does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to OrderBeez. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against OrderBeez and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent. Service Testing From time to time, we test various aspects of our Products and Services, including our website, other user interfaces, service levels, plans, promotions, features, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice. Customer Service If you need assistance with your account, here can reach us with customer service questions at help@OrderBeez.me Limitations on Use You must be 18 years of age or older to become a member and end user of the Products and Services. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member. While individuals under the age of 18 may utilize the Products and Services, they may do so only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Service. While OrderBeez does distribute products that may be used by children, the Products and Services are not intended to be used by children, without involvement, supervision, and approval of a parent or legal guardian (see also “Parental Controls”). Unless otherwise specified, we grant you a limited, non exclusive, non transferable, license to access the Products and Services. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Service), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Products and Services, without our express written consent. OrderBeez does not promote, foster or condone the copying of third-party content, or any other infringing activity. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Products and Services. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of OrderBeez without our express written consent. You may not purchase search terms or use any meta tags or any other “hidden text” utilizing the OrderBeez name or trademarks without our express written consent. Any unauthorized use of the Products and Services or its contents will terminate the limited license granted by us and will result in the cancellation of your membership. Third Party Apps, Software, Products, Services and Websites OrderBeez may from time to time recommend or enable third party apps, software, products, services or websites links for your consideration or use. Such apps, software, products, services, and links are provided only as a convenience to you and does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with OrderBeez with respect to any third party, any third party’s party apps, software, products, services or websites. These Terms of Service do not apply to such third party apps, software, products, services or websites and you should review such third party the agreements relates to such third party apps, software, products, services or websites they may be different than these Terms of Service and it is your sole responsibility to comply with such third party terms. Your use or access to any third party’s apps, software, products, services or websites is at your own risk. ORDERBEEZ MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD PARTY APPS, SOFTWARE, PRODUCTS, SERVICES OR WEBSITES AND WILL NOT BE LIABLE FOR YOUR USE OF ANY THIRD-PARTY APPS, SOFTWARE, PRODUCTS SERVICES OR WEBSITES. Claims of Copyright Infringement It is the policy of OrderBeez to respect the intellectual property rights of others. OrderBeeZ does not condone the unauthorized reproduction or distribution of copyrighted content. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Products and Services, please view our Copyright Policy for explicit instruction on how to address the issue. Governing Law These Terms of Service shall be governed by and construed in accordance with the laws of the state of California, U.S.A. without regard to conflict of laws provisions. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect. Arbitration Agreement You and OrderBeez agree that any dispute, claim or controversy arising out of or relating in any way to the Products and Services, including our website, user interfaces, these Terms of Service and this Arbitration Agreement, shall be determined by binding arbitration in San Diego County, California, instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and OrderBeez are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your OrderBeez membership. YOU AND ORDERBEEZ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and OrderBeez agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Privacy Policy Date of Last Revision: March 11, 2021 OrderBeez Portal is owned by OrderBeez Technologies PLC 71-75 SHELTON STREET, COVENT GARDEN, LONDON, WC2H 9JQ, UNITED KINGDOM. OrderBeez understands that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. By visiting our websites, including OrderBeez.com or using our services, apps, or our other user interfaces, you are accepting the practices described in this Privacy Policy. This Privacy Policy operates in conjunction with our Terms of Service and other agreements which reference this Privacy Policy. Please review each of these documents to understand the terms and conditions of your agreement with us. OrderBeez’s services, websites, apps, or our other user interfaces may contain links to third-party services or websites. OrderBeez is not responsible for the information practices or the content of such third-party services or websites. We encourage you to review the privacy policies of third-party services or websites to understand their information practices. This Privacy Policy is designed to help you understand your privacy choices when you visit or use our services, websites, apps, or our other user interfaces. If you have questions about this Privacy Policy or our privacy practices, please contact us at help@orderbeez.me 1. Definitions. “Account Information” means data about how and when an OrderBeez account is created, accessed and used, including Store Information. “Automated Decision Making” means a decision made solely by automated means without human involvement. “Browser Information” means browser provided information, including the IP address, the website visited, network connection, device information, and other data, including Cookies. “Contact Information” means basic personal and business information, such as first and last name, company name, postal address, phone number, email address and social media account information. “Controller” means an entity that determines the purposes and means of the Processing of Personal Data. “Cookie” a small file which resides on a computer hard drive containing an anonymous unique identifier accessible by the website that placed it there. “Device Information” means information about a device, such as device ID number, model, and manufacturer, version of your operating system and geographical region, collected from device accessing the Services. “Merchant” means a person or entity which uses or has used the Services. “Partner” means a separate entity which participates in our channel partner or reseller program or other third-party program related to the Services. “Payment Information” means and includes credit card, automated clearing house (ACH) or other payment information. “Personal Data” or “Personal Information” means information that (i) relates to an identified or identifiable natural person, or (ii) identifies, relates to, or could reasonably be linked with you or your household. “Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, including, but not limited to, collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. “Processor” means the entity which processes Personal Data on behalf of the Controller. “Security Information” means user ID, password and password hints, and other security information used for authentication and account access “Services” means OrderBeez’s websites, services, apps, or other user interfaces “Store Information” means information about a store, its products, and its architecture. “Support Information” includes information about your hardware and software, authentication data, chat session contents, error reports, performance data, and other communication or technical information and may, with express permission, include remote access to facilitate troubleshooting. “Transaction Information” means the data related to transactions that occur on the Services, including product, order, shipping information, Contact Information, and Payment Information. “Usage Information” means information collected when you interact with the Services, including functionalities accessed, pages visited, and other interaction data. “User” means an entity or person that interacts with a Merchant through the Services. 2. Information We Collect and Duration. 2.1 Information Collected from Merchants. When a Merchant interacts or uses the Services, we collect and control information such as Account Information, Browser Information, Contact Information, Device Information, Payment Information, Support Information, Device Information, Security Information, Transaction Information, Usage Information and set a Cookie. 2.2 Information Collected from Users. When Users interact with a Merchant’s ecommerce offering through the Services, we collect and process Browser Information and Transaction Information of the User on behalf of the Merchant. 2.3 Information Collected from Partners. When a Partner signs up for a partner account or refers a Merchant to us, we collect and control information such as Account information, Browser Information, Contact Information, Payment Information, Support Information, and Usage Information. 2.4 Information Collected from Visitors. When visitors browse our website or use the Services, or engage in communications with us online or offline, we collect and control, as applicable, Browser Information, Support Information, Contact Information, and Usage Information submitted or communicated to us. 2.5 Duration. We will delete your personal data when it is no longer necessary or relevant for the fulfillment of the purpose for which it was collected, or when you revoke a given consent, if the processing has been based on such consent, or in case you exercise your rights to oppose the processing or to delete your data; notwithstanding that a longer retention period may be established to pursue our legitimate business interests, comply with our legal obligations, resolve disputes and enforce applicable agreements. 3. How We Use Your Information. 3.1 Use of Merchant Information. We use this information as a Controller to provide Merchants with the Services, confirm identities, provide support such as debugging, troubleshooting, automated decision making such as the detection of fraudulent account creation when signing up for the Services, for advertising and marketing, invoicing, to resolve incidents related to the use of the Services, to improve and personalize the Services, such as push notifications regarding your store activities, and to comply with legal requirements. We may disclose certain information, including Account Information, Contact Information, Support Information and Transaction Information, to Partners subject to confidentiality obligations that refer Merchants to us or are engaged by a Merchant to provide services, apps or products relating to the Merchant’s store(s) or use of the Services, or to confirm identities and improve and personalize our interactions and services. We may use this information in other cases where the Merchant has given express consent or when we are legally obliged to do so. 3.2 Use of User Information. We use this information as a Processor to provide the Services to Merchants, support and process orders, and to comply with legal requirements like managing risk and fraud. The Merchant is the Controller of this information and Users who have questions about our use of this information should contact the Merchant. We may also use certain information as a Controller to improve and personalize the Services when we have the legal basis to do so and to comply with a legal requirement like manage risk and fraud. 3.3 Use of Partner Information. We use this information as a Controller to provide Partners with the Services, confirm identities, provide support, for advertising and marketing, invoicing, to resolve incidents related to the use of the Services, to improve and personalize the Services, and to comply with legal requirements. We may use this information in other cases where the Partner has given express consent. 3.4 Use of Visitor Information. We use this information as a Controller to provide the Services, and improve and personalize communications, interactions with the Services, to provide support, if needed, and to comply with legal requirements. We may use this information in other cases where the visitor has given express consent. 3.5 Promotional. We may send promotional communications to existing Merchants and Partners and to prospective customers who give consent by email, phone, and other channels. For example, we may notify a Merchant when a subscription is ending. You can opt-out of receiving promotional communications from us at any time. 4. How We Share Your Information. 4.1 Information Sharing. The Services are possible because of a variety of third parties and service providers. Sometimes it is necessary to share Merchant, Partner, User or visitor Personal Data with them to support the Services. We may access, transfer, disclose, and/or retain that Personal Data with consent or in the following circumstances. 4.2 Compliance. If we have a good faith belief that doing so is necessary to comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies. 4.3 Protection. If we have a good faith belief that doing so is necessary to: (i) protect Merchants, Partners, Users, or visitors; for example, to prevent spam or attempts to defraud us or users of the Services, or in response to threats of safety of any person; (ii) protect the rights or property of OrderBeez, including enforcing the terms governing the use of the Services; or (iii) operate and maintain the security of the Services, including to prevent or stop an attack on our computer systems or networks. 4.4 Affiliates. We share Personal Data among OrderBeez and its Licensor’s -controlled affiliates and subsidiaries for the purposes described in this Privacy Policy. 4.5 Service Providers. OrderBeez and its Licensor’s may use from time to time a limited number of third-party service providers, data processors, contractors, and other businesses to assist us in providing the Services for the purposes described in this Privacy Policy. 4.6 Payment Processing. We share payment data with banks and other entities that process payment transactions or provide other financial services, and for fraud prevention and credit risk reduction. 4.7 Apps. Upon receiving a Merchant’s consent to install an application, we will share the Merchant’s Contact Information and other information requested by the app with the app Partner. 4.8 Merger; Sale. We may also disclose Personal Data as part of a sale of assets or if we merge with or are acquired by another company. 5. Cookies. 5.1 Usage. OrderBeez and its Licensor’s and its third-party service providers use cookies, web beacons, and similar tracking technologies to recognize you when you visit our website, remember your preferences, and give you a personalized experience. When you visit our websites, we, or an authorized third party, may place a cookie on your device that collects information, including Personal Data, about your online activities over time and across different sites. Cookies allow us to track use, infer browsing preferences, and improve and customize your browsing experience. 5.2 Persistence. We use both session-based and persistent cookies on our websites. Persistent cookies remain on your computer when you have gone offline, while session cookies are deleted as soon as you close your web browser. A website may set a cookie if the browser’s preferences allow it. A browser only permits a website to access the cookies that it has set, not those set by other websites. 5.3 Types of Cookies include: essential cookies which are necessary for our website to work as intended; functional cookies which enable enhanced functionality, like videos and live chat, without these cookies, certain functions may become unavailable; analytic cookies which provide statistical information on site usage which allow us to improve our website over time; targeting and advertising cookies which are used to create profiles or personalize content to enhance your experience. 5.4 Control. It is possible to disable cookies through your device or browser settings, but doing so may affect your ability to use our website. For instance, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit our website. The method for disabling cookies may vary by device and browser, but can usually be found in preferences or security settings. 5.5 Other Resources. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit allaboutcookies.org, or aboutcookies.org. 6. Information Protection. 6.1. We maintain administrative, technical, and physical security measures designed to provide reasonable protection for Personal Data against unauthorized access, disclosure, alteration, loss, and misuse. The ways we do this include (i) using Secure Sockets Layer (SSL) software, which encrypts information you input during transmission; (ii) following Payment Card Industry Data Security Standard (PCI DSS) when handling credit card data; (iii) maintaining physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of Personal Data. Unfortunately, no method of Internet use, data transmission, or electronic storage is completely secure, so we cannot guarantee the absolute security of Personal Data. 6.2 While we are dedicated to securing the Services, you are responsible for securing and maintaining the privacy of your passwords and account information. We are not responsible for protecting Personal Data shared with a third-party based on an account connection that you have authorized. 7. Accountability and Safeguards for Onward Transfer. 7.1 Data Processors. We will only share or disclose Personal Data to the Processors listed on OrderBeez and its Licensor’s website, which are contractually obligated to provide at least the same level of privacy protection as the one described in the present privacy policy and as required by the principles underlying the Privacy Shield. Furthermore, we will obligate any Processor to the specified, explicit and legitimate purposes consistent with your consent. 7.2 Remedial Measures. If we learn Personal Data is not protected according to our contract, or is being processed beyond your consent, we will take reasonable steps to protect your information and/or cease its illegitimate processing. 7.3 Privacy Shield. We provide services around the world. To provide the Services, it may be necessary to transmit Personal Data outside of the country, state, or province where the data was received. While the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework may no longer be used or relied upon for transfer of personal information, we will continue to comply with all EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework obligations. To learn more about the Privacy Shield program, or to view OrderBeez and its Licensor’s certification, please see https://www.privacyshield.gov/. 7.4 Standard Contractual Clauses. For third-country transfer outside the EU/EEA we also use the Standard Contractual Clauses adopted by the EU Commission as an adequate level of protection. 8. Legal Basis for Processing (EU visitors only). 8.1 Lawful Basis. We collect Personal Data from you only where (i) necessary for a specific purpose such as to perform a contract with you, (ii) the processing is in our legitimate interests and not overridden by your rights, or (iii) we have your consent. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person. 8.2 Notice. If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not, as well as of the possible consequences if you do not provide your personal information. 8.3 Legitimate Interest. If we collect and use your personal information in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are. For instance, we may rely on our legitimate interests when responding to your queries, improving and personalizing the Services or undertaking marketing (when we can do so in accordance to our legitimate interest) or for the purposes of detecting or preventing illegal activities (e.g. checking your identity, fraud prevention). 8.4 Questions. If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided below. 9. Your Choices. 9.1 Generally. You can exercise rights over your Personal Data against the Controller. We provide reasonable steps to allow you to access, rectify, erase, port, or restrict the use of your Personal Data. You have the right to object to the use of your Personal Data at any time, subject to applicable law. When collection is based on your consent, you have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal by applicable law. If applicable by national law, you have the right to lodge a complaint with a supervisory authority if you believe that the processing of your personal data relating infringes your rights. 9.2 Merchants, Partners, and Visitors. Merchants and Partners can update many types of collected Personal Data directly within their accounts. Please contact us if you are a visitor or otherwise unable to access or otherwise change your Personal Data within your account. 9.3 Users. We serve as a Processor for Merchants. Users may wish to contact Merchants directly regarding their Personal Data. We can forward User requests for access or deletion to Merchants, but we are unable to delete Merchant data. Requests for deletion of Personal Data may adversely affect our ability to serve you. 10. Contact Information; Enforcement; Recourse. If you would like to ask about, make a request relating to, or complain about how we process your Personal Data, you can contact as follows: help@orderbeez.me 11. Children/ U.S. Children’s Privacy. The Services are not directed to users below the age of 18 years, or equivalent minimum age in the relevant jurisdiction. If you are younger than 18, you cannot register with and use this websites or online services. OrderBeez does not knowingly collect the Personal Data of children under the age of 13 in the U.S. and 16 in the EU. If you are a parent or guardian and believe OrderBeez collected information about a child, please contact OrderBeez as described in this Privacy Statement. OrderBeez will take steps to delete the information as soon as possible. 12. California Consumer Privacy Act (CCPA) 12.1 Generally. The California Consumer Privacy Act (“CCPA”) requires us to provide California residents with some additional information about the categories of personal information we collect and share, where we get that personal information, and how and why we use it. 12.2 Categories of Information Collected. The CCPA requires us to provide a list of the “categories” of personal information we collect, as that term is defined in the law. In the last 12 months, we collected the following categories of personal information from California residents, depending on the Services used: (a) identifiers (like your name, contact information, and device and online identifiers); (b) commercial information (your billing information and purchase history, for example); (c) internet or other electronic network activity information (such as your usage of the Services;(d) geolocation data (such as your location based on your IP address); (e) financial information, such as Payment Information; and (f) other Personal Information, such as Support Information. 12.3 Your CCPA Rights. If you are a California resident, you have additional rights under the CCPA, subject to any exemptions provided by the law, including the right to: (a) request to know the categories of personal information we collect, the categories of business or commercial purpose for collecting and using it, the categories of sources from which the information came, the categories of third parties we share it with, and the specific pieces of information we collect about you; (b) request deletion of personal information we collect or maintain; (c) opt out of any sale of personal information; and (d) not receive discriminatory treatment for exercising your rights under the CCPA. If you wish to do any of the foregoing please contact OrderBeez as provided above. 12.4 No Sales. We have not sold any personal information of consumers, as those terms are defined under the California Consumer Privacy Act. 13. Updates. We may update this Privacy Policy from time to time in response to changing legal, technical or business developments. When we update our Privacy Policy, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material Privacy Policy changes if and where this is required by applicable data protection laws. You can see when this Privacy Policy was last updated by checking the “Date of Last Revision” date displayed at the top of this Privacy Policy.