Updated on December 2020

If you are accepting this Agreement on behalf of an entity, you represent and warrant that: (a) you have full legal authority to bind that entity; (b) you have read and understand this Agreement; and (c) you and your entity agree to this Agreement. If you do not have the legal authority to bind your entity, please do not accept this Agreement.

1. Retention of Rights

a. Except for the rights and licenses granted under this Agreement, OrderingCart retains all rights in OrderingCart’s technology and services.

2. Your Obligations

a. You are solely responsible for the orders placed through the service and for any and all claims and liabilities involving or related to those orders.

b. You must keep your passwords secure and confidential and are solely responsible for ensuring that all data are secure and confidential.

c. You may not use the service to store or transmit libellous, objectionable, unlawful, or tortious material, or to store or transmit material in violation of third-party rights.

d. You may not reverse engineer the service or access the service to build a competitive service or product

e. You will be charged a fee for services provided by OrderingCart. You will pay all fees as specified promptly.

3. Representations and Warranties

a. You represent and warrant that you have and will comply with all applicable laws (including privacy and data protection laws).

b. OrderingCart represents and warrants to you that the functionality or features of the OrderingCart service will not materially decrease during any paid term.

4. Indemnity

If any third-party brings a claim against OrderingCart related to your acts, omissions, or content you created, you must defend, indemnify and hold OrderingCart harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

5. Limitations of liability

a. Neither party will have any liability arising out of or relating to this Agreement for (i) the other party’s lost revenues; (ii) exemplary or punitive damages; or (iii) any special, indirect, incidental or consequential losses (whether or not foreseeable or contemplated by the parties).

6. Termination

a. This agreement will continue in effect until terminated.

b. If either party is in material breach of this agreement, the other party may terminate this agreement at the end of a written 30-day notice period.

c. OrderingCart may temporarily suspend the service or remove the applicable content, or both, if it in good faith believes that, as part of using the Service, you have violated a law or fail to comply with requirements of the law.

d. Any terms that by their nature survive termination of this agreement for a party to assert its rights and receive the protections of this agreement, will survive.

7. General

a. Force Majeure. Neither party will be liable for failure or delay to perform to the extent caused by circumstances beyond its reasonable control.

b. No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement.

c. Severability. If any term (or part of a term) of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.