1. OrderKingCorp( SJ software, ABN 81 686 552 960 ) and its affiliated entities("OrderKingCorp") offer an interactive mobile menu with food, beverage, and merchandise products from third-party restaurants, cafes and venues(Venues).
2. Our Terms of Use cover your rights and obligations when accessing our Website(www.orderkingcorp.com,app.orderkingcorp.com), App, or Services(together the Services), and any reference to "you" or "Customer" refers to anyone using them.
3. By using our Services, App, or Website, you agree to these Terms and our Privacy Policy. OrderKingCorp reserve the right to investigate and take legal action for any unauthorized use or breach of these Terms.
4. Using our Services, App, or Website means agreeing to our Terms and Privacy Policy. If you don't agree, please stop using our Services.
5. Orderking can change these Terms at any time, and by continuing to use our Services, you accept any updated terms. Unauthorized use or breach of these Terms will result in legal action.
1. OrderKingCorp offers a license for you to access and use our Services, subject to these Terms. You may not reproduce, copy, publish, sell, or exploit any part of the App or the information accessed through it, except as expressly granted by these Terms. All other rights are reserved by OrderKingCorp.
2. To use our Services, you may need to provide personal information, which will be collected and handled according to our Privacy Policy. To obtain an Account, you must be at least 18 years old and not barred from using the App. Registration requires your name and mobile number, and all personal information will be collected and used in compliance with data protection laws and our Privacy Policy.
3. To use the Services or set up an Account, you will also be required to provide at least one valid payment method supported by OrderKingCorp.
4. By using our Services, you agree to receive electronic messages from OrderKingCorp, including notifications related to your Order and marketing communications. You can opt out of marketing communications at any time. We may also send emails, text messages, or notifications about changes to the App or Terms. Our partners, affiliates, and Venues may also send you emails or text messages about promotions or offers.
5. You agree that placing an Order using the Services is subject to you making full payment for the Products in accordance with clause 3.
6. If you purchase alcoholic beverages, you must be at least 18 years old. Venues may ask for identification when you order alcohol. OrderKingCorp is not selling alcohol to you, the Venue is responsible for complying with laws related to the service of alcohol. The Venue may refuse to serve alcohol to you, even if you have ordered and paid for it. You agree that it is the responsibility of the Venue to comply with all laws related to the service of alcohol, including responsible service of alcohol and holding a valid alcohol license.
7. OrderKingCorp does not guarantee the delivery or availability of Products within a certain time frame, nor the quality of Products. Additionally, OrderKingCorp is not responsible for any inaccurate information displayed on the Services or any errors in representation. As an intermediary between the Customer and the Venue, OrderKingCorp is not liable if the Venue refuses to accept an Order or does not make the Products available.
8. You are responsible for all activities that occur through your Account and agree not to sell, transfer, license or assign your Account to anyone else.
9. Once you order a menu item on the Service , you cannot cancel that order after cooking has started or after it has been served.
1. You will be charged for your order, which includes the purchase price, as well as any additional fees such as processing fees and surcharges that the Venue may apply.
2. If the Venue has selected a prepayment system of our service, OrderKingCorp has the right to collect payments on behalf of Venues and paying through the Service fulfills your obligation to pay the Venue directly. Prepayment is required for Venues with a selected prepayment system before the Order is placed.
3. When using the Services, you warrant that you are authorized to use any payment method you use and acknowledge that OrderKingCorp is not liable for any unauthorized use of your payment method. Once your payment has been authorized, your Order will be delivered to the Venue if it has selected a prepayment system, and you will not be able to change or cancel it, nor will you be entitled to a refund unless otherwise stated in the Venue's refund policy. Venues have the discretion to reject or refuse your Order, and if this occurs, you will receive a refund according to the Venue's refund policy. You must pay for all menu items you order, even if you leave the Venue before receiving them or if they do not arrive (in the case of a prepayment system).
4. You acknowledge that the purchase price and availability of Products on the Services may differ from the purchase price advertised by the Venue. When paying for Products using the Services, you may also be charged additional fees by the Payment Processors, such as Stripe, Apple Pay, and Google Pay. The processing of payments through credit cards or Payment Processors is subject to their respective terms, conditions, and privacy policies, which can be accessed on their websites. OrderKingCorp is not liable for any errors made by the Payment Processors or credit card issuers.
1. OrderKingCorp strives to provide accurate information about Menus and Products on its Services, but does not guarantee their accuracy, adequacy, or completeness. Charges, which include the price of your order, applicable fees, and taxes required by law, will be collected by OrderKingCorp on behalf of the Venue. OrderKingCorp acts as the payment collection agent for the Venue, and any tips or Charges incurred for your order are owed to the Venue. If you provide your email address, you can request receipts for payments made through the App.
2. The Services provided by OrderKingCorp may contain inaccuracies, technical errors and may change without notice. You are responsible for verifying the accuracy of any information on the Services before relying on it. OrderKingCorp is not liable for any loss or damage resulting from your use of the Services. You agree not to interfere with the Services or its content, and to maintain any copyright or trademark notices. We do not guarantee uninterrupted access to the Services and may conduct maintenance at any time. We may suspend or terminate your access to the Services if we suspect a breach of these Terms. We will notify you of any breach and how to remedy it.
1. OrderKingCorp owns or has the right to use all materials displayed on the Services, which includes information, photographs, graphics, logos, trademarks, and other design features, and is protected by copyright, trademark, and other intellectual property laws. You are not allowed to use any OrderKingCorp Intellectual Property for commercial purposes without prior written consent. The images, trademarks, service marks, logos, and icons displayed on the Services are the property of OrderKingCorp or its licensors, and you cannot use them without prior written consent. You cannot copy, imitate, reproduce, reverse engineer, sell, or distribute any OrderKingCorp Intellectual Property for commercial purposes without our consent. If you do so, you agree to indemnify us for any loss and damage. We do not assign any license or right in the OrderKingCorp Intellectual Property to you. The Services may contain links to third-party websites, and we are not responsible for their content or privacy policies. You must not infringe on the Intellectual Property Rights of OrderKingCorp or any third party regarding your use of the Services, the App or the Website.
1. OrderKingCorp does not hold any liability for any loss or damage arising from the use of the Services, App, and Website, including minors consuming alcohol, allergic reactions from the Products, or incorrect information regarding the ingredients of the Products. By using the Services, App, and Website, you accept that you are doing so at your own risk, and you will not hold OrderKingCorp accountable for any loss or damage that you or any third party may suffer as a result. In the event of a claim, you agree to indemnify OrderKingCorp for any loss and damage suffered. However, the maximum liability of OrderKingCorp is limited to the total purchase price of your order. The guarantees provided by the Australian Consumer Law cannot be excluded under any circumstances, and nothing in these Terms can modify or exclude those guarantees. If any Warranty is breached, OrderKingCorp may refund the price of the Order at its discretion.
1. You agree to compensate us for any costs, damages, liabilities, and expenses, including legal fees, arising from your violation of these Terms or your use of the Services, to the maximum extent permitted by law.
1. If any part of these Terms is deemed unenforceable or invalid by law, the rest of the Terms will still be considered valid and enforceable. The invalid part will be removed without affecting the rest of the Terms.
1. We can transfer our rights and obligations under these Terms without notifying or seeking your consent. However, you cannot transfer your rights and obligations under these Terms.
1. These Terms will be interpreted and governed by the laws of the State of WA, and you agree to the exclusive jurisdiction of the state and federal courts located in WA to settle any disputes that may arise.
