Click here for Orderbistro Terms of Service for Customers (consumers)

Food online ordering system for Restaurant

Orderbistro Terms of Service for Restaurants


1.1 Leapwave, Inc DBA Orderbistro(referred to here as "Orderbistro") provides its Service (as defined below) to You through its web site located at www.Orderbistro.com (the "Site"), subject to this Terms of Service agreement ("TOS"). By accepting this TOS or by accessing or using the Service or Site, You acknowledge that you have read, understood, and agree to be bound by this TOS. If You are entering into this TOS on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these TOS, in which case the terms "You" or "Your" shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with these TOS, You must not accept these TOS and may not use the Service.
1.2 Orderbistro may change this TOS from time to time without prior notice. You can review the most current version of this TOS at any time at http://www.Orderbistro.com/tos.php. The revised terms and conditions will become effective upon posting and if You use the Service after that date, we will treat your use as acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to You, your only remedy is to stop accessing and using the Service.

Description of Service
The "Service" includes (a) the Site, (b) the Orderbistro online ordering system, tools and services provided through the Site and by the Orderbistro API made available via the Site, and (c) all software, data, text, images, sounds, video, and content made available through the Site or services, or developed via the Orderbistro API (collectively referred to as the "Content"). Any new features added to or augmenting the Service are also subject to this TOS.

General Conditions / Access and Use of the Service
3.1 Subject to the terms and conditions of this TOS, You may access and use the Service only for Your internal business purposes as contemplated by the Agreement. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TOS; (b) use the Service to process data on behalf of any third party, or (c) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components.
3.2 Subject only to the limited right to access and use the Service expressly granted to You under this TOS, all rights, title and interest in and to the Service and its components will remain with and belong exclusively to Orderbistro. You shall not modify, adapt or hack the Service to falsely imply any sponsorship or association with Orderbistro, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
3.3 You are responsible for all information, data, text, messages or other materials that You post, provide to Orderbistro for posting on your behalf, or otherwise transmit via the Service. If provided with a login, You are responsible for maintaining the confidentiality of Your login and account and are fully responsible for any and all activities that occur under Your login or account.
3.4 Orderbistro reserves the right to access any or all Your accounts in order to respond to Your requests for technical support.
3.5 You understand that the technical processing and transmission of the Service, including Your content, may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Orderbistro's third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Orderbistro will use reasonable efforts to publish on the site or notify You of any planned downtime of the Service.
3.6 The failure of Orderbistro to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between You and Orderbistro, even though it may not physically signed by You and Orderbistro, and it governs Your use of the Service and takes the place of any prior agreements between You and Orderbistro.
3.7 Orderbistro reserves the right to modify or discontinue any service with or without notice to you. Orderbistro shall not be liable to you or any third party should Orderbistro exercise its right to modify or discontinue services.

Trademarks
Orderbistro and Orderbistro's various logos used or displayed on the Service are trademarks of Orderbistro and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the Orderbistro products and services, provided You do not attempt to claim ownership of the marks by incorporating any of them within Your names or offerings.

Payment and Refunds
5.1 Trials and Payments. The Service is provided to you for a recurring fee plus a per order percentage fee. The recurring fee may be charged on or after the date on the Online Ordering Service Order form signed by you. The per order percentage fee is charged within the first 2 weeks of the following month for the current month of service. Orderbistro will provide you with an orders report every month and charge you using ACH for the current month's recurring fee plus the previous month's per order fee.
5.2 Plan and Refund. If you cancel within the trial period of 30 days, your payment will be refunded to you with a deduction of $30 plus incurred Per Order Fees. Regardless of Your billing cycle, there are no refunds or credits for partial months of service, plan downgrades, or refunds for unused time if You stop using Your account before the end of Your Term.
5.3 Credit Card Billing, Receipts and Privacy. If applicable, the account owner will receive an email receipt upon each credit card charge. The receipts are also available for the account owner from within the application. Orderbistro provides an interface for the account owner (as defined in the sign-up procedure) to change credit card information (e.g., upon card renewal). Orderbistro uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use Your billing information except to process Your credit card information for Orderbistro.

Term, Cancellation and Termination
6.1 After the 3 months term, the term will continue on a month to month basis until terminated by either party. Either You or Orderbistro may terminate your account, with or without cause, upon notice.
6.2 If You cancel Your Service, You will lose access to all of Your content upon cancellation and we will delete Your account in our normal course of business operations. This information cannot be recovered once your account is cancelled. If You cancel the Service within 30 days of the "Online Ordering Service Order" date, then we will refund the annual fee minus $30 per location to cover our setup effort for your custom menu. Thereafter if Your Service is cancelled or terminated before the end of Your current paid-up term, there is no refund for unused time.
6.3 Orderbistro reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your content in the Service, for any reason, including, if Orderbistro believes that You have violated these TOS. Orderbistro will use all reasonable efforts to contact You directly via email to warn You prior to suspension or termination of Your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities. Orderbistro shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.
6.4 Domain Name. If we purchased a domain name and host your website, We own such domain. You understand we are not obligated to sell you any of our domain names.

Disclaimer of Warranties
THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND ORDERBISTRO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT ORDERBISTRO DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM ORDERBISTRO OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.

Limitation of Liability
8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL ORDERBISTRO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, ORDERBISTRO SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE LESSER OF THE PER ORDER PERCENTAGE FEE PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
8.2 Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. IN THESE STATES, ORDERBISTRO'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Proprietary rights
9.1 You acknowledge and agree that OrderBistro (or OrderBistro's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by OrderBistro and that you shall not disclose such information without OrderBistro's prior written consent.
9.2 Unless you have agreed otherwise in writing with OrderBistro, nothing in the Terms gives you a right to use any of OrderBistro's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with OrderBistro, then you agree that your use of such features shall be in compliance with that agreement and any applicable provisions of the Terms.
9.4 Other than the limited license set forth in Section 11, OrderBistro acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with OrderBistro, you agree that you are responsible for protecting and enforcing those rights and that OrderBistro has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorized to do so in writing by OrderBistro, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

General Terms
10.1 You shall each hold Orderbistro harmless, and shall indemnify and defend Orderbistro, together with its respective principals, agents, officers, partners, members, shareholders, directors, and employees ("Representatives"), from and against claims arising out of Your own negligence or wrongful acts, together with the negligence or wrongful acts of Your Representatives, arising under this Agreement. Such indemnity obligation in this Article shall survive the expiration or termination of this Agreement.
10.2 The Agreement shall be dissolved upon the happening of any of the following events: (a) The adjudication of bankruptcy, filing of a petition pursuant to a Chapter of the Federal Bankruptcy Act, withdrawal, removal or insolvency of either of the parties; (b) The sale or other disposition, not including an exchange of all, or substantially all, of the Service Agreement assets; (c) or, Mutual agreement of the parties.
10.3. In the event that any provision of this Agreement shall be held to be invalid, the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement.
10.4. If there is any controversy or dispute between OrderBistro and Retailer arising out of or in relation to any of the provisions of this Agreement, OrderBistro and Retailer agree to mediate any such dispute or claim before resorting to arbitration. Mediation fees, if any, shall be divided equally among the parties involved. If the mediation does not resolve the controversy or dispute, then such controversy or dispute shall be resolved by binding arbitration in accordance with the Rules of Practice and Procedure for the Arbitration of Judicial Disputes of Judicial Arbitration & Mediation Services, Inc. ("JAMS"), or, if JAMS ceases to exist, to a recognized arbitration service in good standing, in San Diego County, California. JAMS shall also administer the arbitration (JAMS and their successors and agents are referred to herein as the "Arbitrators"). The provisions of this Section 5 concerning arbitration procedures shall supersede any rules of the Arbitrators.
10.5. Orderbistro may assign or transfer this TOS, in whole or in part, without restriction.
10.6. This Agreement shall be construed and enforced under the laws of the State of California. The Court of San Diego County, California, is deemed to be the court with jurisdiction and proper venue of this matter, and You agree that no suit shall be brought under this Agreement except in said court.
10.7. In matter hereof and there are no agreements, understandings, restrictions or warranties among the parties other than those set forth herein provided for.
10.8. The headings, titles and subtitles used in this Agreement are for ease of reference only and shall not control or affect the meaning or construction of any provision hereof.
10.9. Except as may be otherwise specifically provided in this Agreement, all notices required or permitted hereunder shall be in writing and shall be deemed to be delivered when deposited in the United States mail, postage prepaid, certified or registered mail, return receipt requested, addressed to the parties at their respective addresses set forth in this Agreement or at such other addresses as may be subsequently specified by written notice.
10.10. The parties hereto covenant and agree that they will execute each such other and further instruments and documents as are or may become reasonably necessary or convenient to effectuate and carry out the purposes of this Agreement.
10.11. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. Any addendum attached to this agreement, and initialed by the parties, constitutes a part of this agreement, with the same force and effects as all other provisions of this agreement.
10.12. Signature(s) sent and received by facsimile shall constitute a legal binding signature equivalent to an original document executed by signatory.
10.13. You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components.

Food online ordering software and system for restaurants

In your favorite restaurant web site, Order food using our online food ordering system. Our restaurant food online order system is robust and offers the right software support for online ordering whether you own a pizza restaurant, chinese restaurant, italian restaurant, or mexican restaurant. Our hosted web food ordering online system is effective for taking meal orders from customers in San Diego, Los angeles, Orange County, Las Vegas, Phoenix, Tucson, Portland, Sacramento, Oakland, San Mateo, San Francisco, and Seattle/Tacoma. Sign up for your own online ordering service using our online order system in new york, dallas, or chicago.

food online ordering system

food online ordering services Advertise your food online ordering system in your printed menu so that customers can easily order food online from your restaurant.

Copyright © All Rights Reserved. OrderBistro