Publication date: 15.07.2022
The words he/she and their derivatives in the text of the document can be applied to either a male person or a female person, depending on the context of the document.
1.1. Aggregator – is a service for the delivery of meals, drinks and food products.
1.2. Account – is an environment on the GetOrder web platform, where the Client has the ability to perform operations: download the menu from the POS, manage the visibility of dishes, change the data of the dishes (name, description, order), view the menu, upload the menu to the platforms, view the list of orders, check statuses of orders, analysis of errors during shipment to the POS.
1.3. Client – is a natural person, an entrepreneur and/or a legal entity that uses the GetOrder Service for the Integration of Aggregators.
1.4. Personal data – is information that allows the Client to be identified directly or indirectly.
1.6. Services — means tools and materials developed and provided by GetOrder to the Client for the implementation of the Integration.
1.7. GetOrder service (hereinafter “Service” or “GetOrder”) – is a web portal located at the electronic address: https://api.getorder.biz/, which allows the Client to receive Services.
1.8. Integration – is the algorithm of actions of the Client on the web page of the Service, which consists in installing the Service on the Client’s site to connect Aggregators to his site.
1.9. Consumer – is any natural person who orders the Client’s products using the Aggregator.
1.10. Third Party – means a natural or legal person, government agency, institution or body other than the Service/Client/Consumer.
2. SUBJECT OF THE AGREEMENT
2.1. GetOrder undertakes to provide Services to the Client under the conditions and in the order specified in this Agreement, and the Client to pay for them.
2.4.1. GetOrder integrations;
2.4.2. receiving Services;
2.4.3. from the moment of the first authorization of the Client in the GetOrder cabinet.
3. CONDITIONS FOR STARTING THE INTEGRATION
3.1. All the necessary information for the implementation of the Integration The client wins independently. In case of non-compliance with such a Client, GetOrder does not guarantee the integration and does not bear any similarity in front of the Client.
3.2. When canceling the request for Integration as a Client, the GetOrder command creates a Special Account for the Client’s request.
3.3. It is the Client’s responsibility to grant access to the POS system API to retrieve data from the POS in GetOrder. When synchronizing GetOrder data, I take into account restaurants, categories, strategies, modifiers, and types of payments. GetOrder does not contain the personal data of the correspondent, as it was created by the Client. If the Client does not allow access to the API of the POS system, then GetOrder will not be able to perform the integration and will not be liable for the inability to perform the integration.
3.4. The Client is responsible for uploading the menu in the POS system to any delivery platform.
3.5. GetOrder gives the login and password to the Client to the Account. The Client needs to save his data for his login and password.
3.6. The Client is responsible for contacting his manager, who is accompanying him, on the side of the delivery platform, with the integration method included.
3.7. The Client gives GetOrder data on the type of delivery platform required to launch the integration.
3.8. GetOrder accompanies the whole process of launching the Integration, wiping out menu creation/improvement, adjusting the necessary settings for the correct operation of the Integration, and rechecking the status of the notification. After 5 (five) successful transfers to the POS, the Integration system is considered running.
3.9. The Client may have the right to a test period, which ends on the 14th day from the first menu development on the platform, the date of which is fixed in the “Logs” tab on the Integration side.
3.10. GetOrder does not administrate the Client’s POS system and does not make changes to the menu structure, name, description, photo, or order of the pages consistently, with a few changes necessary for the Client’s appointment to the Account.
4. TERMS OF TECHNICAL SUPPORT
4.1. To ensure prompt technical support of the Client, a chat is created in the Telegram messenger where participants from the Client and GetOrder are added.
4.2. In case of problems: the order has not arrived, the menu has not been updated, there is no picture, there is no modifier, the client writes about it in the Telegram chat created with GetOrder.
4.3. Getorder will analyze the problem within 30 minutes and determine the cause and the party to blame for the technical failure.
4.4. If Getorder is responsible for the occurrence of a technical failure or malfunction, Getorder undertakes to correct them within 12 (twelve) hours from the moment Getorder is found to be at fault.
4.5. If a technical problem or failure is due to the fact that Getorder has not received an order from the delivery platforms, the Client should contact the technical support of the delivery platform to clarify the circumstances.
4.6. If a technical failure or problem is related to the fact that the POS system responded with an error when transmitting data, the Client must contact the technical support of the POS system with a description of the nature of the technical failure or problem and provide logs from Getorder, if necessary to solve the technical failure or problem.
5.1. GetOrder provides the following Services to the Client:
5.1.1. Implementation of Integration;
5.1.2. implementation of general analytics for Integration;
5.1.3. feedback and technical support.
5.2. The cost of Integration is determined on the basis of a subscription model with a monthly payment.
6.1. GetOrder does not issue refunds in the following cases:
6.1.1. if the Client paid for the Services using incorrect bank details;
6.1.2. if he refuses to pay for the Services, without specifying the reasons for such refusal;
6.1.3. poor-quality provision of Services for reasons beyond GetOrder’s control, including, but not limited to: non-operation and/or errors in the operation of the software, both on the part of the Client and on the side of GetOrder; hacker attacks; intentional or unintentional actions of the Client that harmed the quality provision of Services; lack of electricity or interruption in its supply; by any actions of third parties that prevent the quality provision of Services; force majeure circumstances.
6.1.4. GetOrder provides refunds in the following cases:
6.1.5. in case of failure to provide paid Services or provision of paid Services in an incomplete amount due to the fault of GetOrder;
6.1.6. if the Client received Services that do not correspond to the order.
6.2. GetOrder refunds funds within 14 (fourteen) calendar days from the moment of receiving the request from the Client in writing.
6.3. The client provides GetOrder with a request for a refund in writing, indicating the reason for the refund. The request must contain the following information: full name, passport data, company name, name of the Service and reasons for refusing the Service and refunding money.
6.4. GetOrder considers the request from the Client within 3 (three) business days from the moment of its receipt.
6.5. If the Client does not indicate the reasons for the refund or the reasons are insufficient for the refund, GetOrder has the right not to refund the money to the Client.
7. INTELLECTUAL LAW
7.1. Unless otherwise stated, the Site is the property of the Service and all source code, databases, functionality, software, site design, audio, video, text, photographs and graphics on the Site (total “Content”) and trademarks, service marks and the logos contained therein (the “Marks”) are owned or controlled by GetOrder or licensed to GetOrder and are protected by copyright and unfair competition laws of the English common law.
7.3. Provided that the Client has the right to use the Site, he is granted a limited non-exclusive license to access and use the Site, without the right to sublicense, and to download or print a copy of any part of the Content to which you have duly accessed solely for your personal and non-commercial use.
8. CONFIDENTIAL INFORMATION
8.1. For the purposes of the Agreement, “Confidential Information” means information related to the terms of the Services.
8.2. Confidential Information includes:
8.2.1. conditions of provision of Services;
8.2.2. essential conditions for the provision of Services;
8.2.3. communication with GetOrder employees.
8.3. The party receiving the Confidential Information guarantees that the information:
8.3.1. kept confidential and not reproduced and/or copied (beyond a reasonable period for the purposes of the Agreement);
8.3.2. will not be transferred, disclosed or otherwise made available to any other third party (except officers, employees, trustees of GetOrder who need to know and use the Confidential Information for the purposes of the Agreement);
8.3.3. is not used for any other purpose, except for the purposes of this Agreement;
8.3.4. stored in compliance with security measures.
8.3.5. the provisions of this Public Offer shall not apply to Confidential Information that:
8.3.6. has become or is becoming public knowledge for reasons not related to violations by the Party;
8.3.7. open for distribution by the Party;
8.3.8. must be disclosed in accordance with the law or any regulatory act of the executive authority of Ukraine;
8.3.9. became known or was known to the Party, without violating any obligations regarding Confidential Information.
9. RIGHTS AND DUTIES
9.1. The Client has the right to:
9.1.1. receive Services;
9.1.2. refuse to provide Services, provided that GetOrder is notified 30 (thirty) calendar days before such date;
9.2. The Client is obliged to:
9.2.1. comply with the terms of the Agreement;
9.2.2. give GetOrder access to the POS API;
9.2.3. fill in the menu in the POS (photos, descriptions, names, categories, etc.);
9.2.4. adhere to a clear structure of the menu of a restaurant or catering establishment;
9.2.5. fill in the menu in accordance with the requirements of the delivery platforms;
9.2.6. promptly notify GetOrder of any changes regarding changes that may prevent you from receiving the Services in full.
9.3. GetOrder has the right to:
9.3.1. to receive payment for the provision of the Service;
9.3.2. change the cost of providing Services;
9.3.3. terminate this Agreement and stop providing Services to the Client if the Client does not pay the monthly fee for the provision of Services within 2 (two) calendar months;
9.3.4. change the terms of the Agreement.
9.4. GetOrder is obliged to:
9.4.1. provide Services to the Client.
10.1. By contacting or leaving feedback on GetOrder, the Client is responsible that this message is not illegal, harmful, threatening, defamatory, offends the dignity of another physical person, violates copyright, promotes hatred and/or discrimination of people based on race, ethnicity, sex, religion, social signs, contains insults to specific persons or organizations, as well as in any other way violates the current legislation of Ukraine. The Client agrees that any of his messages or feedback on the GetOrder website may be deleted without his consent.
10.2. GetOrder does not cooperate in any way with Client companies or Aggregators operating in the following areas:
10.2.1. Gambling (including payment of casino chips, gambling services, online casino, Lotto), lotteries, as well as bookmaker services (accepting bets, betting on money or any material value);
10.2.2. Activities of collection and debt agencies;
10.2.3. Sale or infringement of intellectual property rights;
10.2.4. Sale of databases containing personal data;
10.2.5. Materials and goods that encourage illegal activity or incite others to engage in illegal activity;
10.2.6. Sale of objects of history and art that constitute the cultural values of the country;
10.2.7. Pornography, sexually oriented content, “adult goods”;
10.2.8. Sale of tobacco products and alcoholic beverages;
10.2.9. Sale of poisons, narcotics and psychotropic substances;
10.2.10. Sale of medicines (medicinal herbs, etc.);
10.2.11. Sale of human organs and remains;
10.2.12. Sale of counterfeit, falsified goods / services (including replicas);
10.2.13. Sale of uranium and other fissile materials and products from them;
10.2.14. Sale of devices and equipment using radioactive substances and isotopes, X-ray equipment;
10.2.15. Sale of waste radioactive materials, explosives;
10.2.16. Sale of firearms and spare parts for them, ammunition, cold weapons prohibited by law enforcement agencies, military equipment, explosives and detonating agents, toxic warfare agents and means of protection against them, missile and space systems, military communication and control systems , encryption technology, as well as regulatory and technical documentation for the production and operation of the devices listed above;
10.2.17. Sale of the results of scientific research and design works, as well as fundamental research studies on the creation of weapons and military equipment;
10.2.18. Sale of special technical means (developed, adapted, programmed): for clandestine reception and registration of acoustic information; for covert visual observation and documentation; for secretly listening to telephone conversations; for covert interception and registration of information from technical communication channels; for covert control over the movement of vehicles and other objects; for secret inspection of premises, vehicles and other objects; as well as regulatory and technical documentation for the production and use of these funds;
10.2.19. Sale of high-frequency devices consisting of one or more radio transmitting devices and (or) their combinations and auxiliary equipment intended for transmission and reception of radio waves at a frequency above 9 kHz;
10.2.20. Sale of devices for breaking and opening locks.
10.2.21. Sale of other goods / services, the free implementation of which: is prohibited or limited by law; can have a negative impact on the Bank’s business reputation or international payment systems.
10.3. GETORDER IS NOT RESPONSIBLE FOR THE CONSEQUENCES CAUSED BY ACTIONS OF HACKERS, CRIMINAL MODIFICATION OF THE SOFTWARE, AS WELL AS OTHER TYPES OF UNAUTHORIZED ACCESS.
10.4. To the extent permitted by law, we provide the Services on an “as is” basis. This means that we make no warranties of any kind, including but not limited to warranties of merchantability and fitness for a particular purpose.
11. GOVERNING LAW AND DISPUTES RESOLUTION
11.1. All relations between the Service and the Data Subject arising in connection with the fulfillment of the conditions of these Services for the use and use of the Services are governed by the legislation of Ukraine.
11.4. The Parties agree that any arbitration will be limited to the dispute between the Parties individually. To the fullest extent permitted by law, (a) no arbitration shall be combined with any other proceeding; (b) does not have the right or authority to hear any dispute on the basis of a class action or to use class action procedures; (c) there is no right or authority for any dispute to be brought as a representative on behalf of the general public or any other persons.
13. CONSENT OF THE CLIENT
13.2. The Client agrees to pay all costs associated with the provision of the Services.
13.3. The Client will provide their Consent to the terms of Integration, according to the instructions of GetOrder
13.4. The Client consents to receive electronic communications and agrees that all transactions, communications, disclosures, and other communications that GetOrder provides to the Client electronically, by email and on the Site, satisfy any legal requirement for written notice.
PE Chaika Serhii
Tax code: 3249607053
Address: 08148, Kyiv region, Kyiv-Svyatoshinsky district, Sofiyivska Borshchagivka village, Soborna street, building 109, apartment 22