Terms & Conditions

Company details. Our Platform is operated by Order IT Limited ("Order IT / We"). We are registered in Ireland under company number 731958 and have our registered office at 2nd Floor, 3 Pembroke Street Lower, Dublin 2, Ireland.

Our services. We provide a Platform for food and beverage retailers (our “Business Customer(s)”) and food and produce suppliers (our “Supplier(s)”). The Platform allows Business Customers and Suppliers to communicate regarding orders (the “Order”) for food and beverage products (the “Products” (the “Services”)).

Contacting us.To contact us, telephone our customer service team at [01 693 3448] or email us at [info@orderit.ie].

Our contract.These terms and conditions (“Terms”) apply to the supply of the Services by us to you ("Contract") . They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade, custom, practice or course of dealing.

Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

Acceptance of these Terms. By downloading our Platform either via Google Play, the AppStore, or the links provided to you on our website, you indicate that you accept these Terms. If you do not accept these Terms, you should leave our Platform immediately, and you will not be able to make an Order.

Closing your account. You may close your account at any time by deleting our Platform from your device. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Services (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff, other Business Customers or a Supplier’s staff, or any other good reason).

Reasons we may suspend the supply of Services to you. We may have to suspend the Services to:

• 2.5.1deal with technical problems or make minor technical changes;
• 2.5.2update our Platform to reflect changes in relevant laws and regulatory requirements;
• 2.5.3make changes to the Services or our Platform as requested by you or notified by us to you.

Engagement between Business Customer and Supplier. The engagement between any Business Customer and any Supplier will be non-exclusive and any Business Customer who uses the Platform is free to engage with any Supplier who uses the Platform (and vice versa).

Accessing our Platform. You may access some areas of our Platform without making an Order.

Placing your Order. Once you have selected the Products you wish to order and provided any other required information, you will be given the opportunity to submit your Order. It is important that you ensure that all the information that you enter is correct, and that you correct any errors before clicking or selecting this button; once you do so we will start processing your Order and errors cannot be corrected, except in the case of manifest error.

Processing your Order and rejections. On receipt of your Order, we will begin processing it by sending it to the relevant Supplier. Please note that any confirmation page that you may see on our Platform merely indicates that your Order has been received and is being processed by us and does not necessarily mean that your Order has been accepted by the Supplier. You can view the status of your Order under the “Order History” tab in the Platform. We encourage all our Suppliers to accept all Orders, however, Suppliers have the discretion to reject Orders at any time (including where Products are out of stock).

If we cannot accept your Order. If the Supplier is unable to accept your Order for any reason, this information will be provided under the “Order History” tab. This might be because of unexpected limits on the Supplier resources, due to Supplier capacity issues, where the Supplier has temporarily gone offline or because the Supplier is unable to meet a delivery timeline you have specified.

Delivery of your Order. During the Order process we provide you with the Supplier’s estimated time that your Order will be delivered only under the “Order History” tab. We are not responsible for the delivery of the Order, which is the sole responsibility of the Supplier. Neither we nor the Supplier guarantee that Orders will be delivered within the estimated times. When you place the Order, you agree to a contact name and phone number being published on the purchase order for the purpose of detail verification and or contact by us or the Supplier. Suppliers will deliver the Products to you during their normal working hours. You must be present to receive the delivery at the location given when making the Order. Suppliers are under no obligation to leave Products at a premises where there is no Business Customer personnel present to receive the Products. The Supplier is under no obligation to attempt to deliver the products again and is not responsible for the quality of the Products after the delivery time specified. [Please see our Privacy Policy for further details on how we process and manage personal data, to the extent any data is collected in the Order.]

We are not responsible for delays outside our control. he availability of our Suppliers and their Products and relevant stock is based on the information provided to us by the Supplier. Any delay of the supply of the Products is the responsibility of the Supplier, and if the supply of the Products is delayed by an event outside the Supplier’s control, they will contact you to inform you, and/or refund you (at their own discretion).

Your Order number. We will assign an Order number to your Order.

Your Order confirmation. Suppliers will use the Platform, your phone number and/or email address when contacting you about your Order.

Cancellation or change of Order. Once you have submitted your Order, and your Order and payment has been accepted by the Supplier, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund. However, if you wish to change or cancel your Order including for example in the event of manifest error by you when placing the Order, you may contact the Supplier directly, details of which are set out in our Platform. However, while the Supplier will use their best endeavours to deal with your request, depending on the nature of Products in your Order and the amount of time that has passed since the Order was placed, there is no guarantee that your request will be able to be dealt with, as your Order may already have been processed.

Problems with the Products. If you are dissatisfied with the quality of any Products or the service provided by a Supplier and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the Supplier directly to lodge your complaint and, where appropriate, follow the Supplier's own complaint procedures. Please note that we have no control over Suppliers and the quality of the Products or service that they provide, and we are not able to provide, and have no responsibility for providing, any compensation to you on behalf of the Supplier.

Returning rejected Products. We have no control over the returns policy of Suppliers or whether rejected or excess Products will be accepted by the relevant Supplier.

Commission Fees. In consideration of us providing the Services you must pay our fees, as set out on in our Platform. You may be asked to supply certain information in order for us to process payment, including but not limited to credit card details and a billing address. Order IT may amend commission fees at any time, at its sole discretion. We will notify Business Customers in advance of any such changes to commission fees. If a Business Customer is not willing to accept the changes to the commission fees, they may opt to cancel their service. Order IT also reserve the right to refuse or cancel a service at any time.

Where to find the price for the Products. Prices may be quoted on our Platform, if provided by the Supplier. A Business Customer may also record any prices previously paid for the Products on the Platform. It’s the Business Customer’s responsibility to ensure that the latest pricing information has been downloaded and/or confirmed with the Supplier prior to placing an Order.

Incorrect Pricing. We use our best efforts to ensure that any price of the Products advised to you is correct. Our Platform contains a large amount of information on Products, and it is possible that some of this information may not be completely accurate. Any prices displayed for Products are provided to us by the Suppliers and we have no control over the accuracy or relevancy of any of these prices. We will only contact you in relation to pricing if there is a manifest technical error on our part.

Paying for the Products. Payments for the Products are made directly to Suppliers from the Business Customers via the payment method agreed between each Supplier and Business Customer. Order IT will not have any involvement in the payment for the Products.

Commission Fees. In consideration of us providing the Services you must pay our fees, as set out on in our Platform. The Supplier may be asked to supply certain information in order for us to process payment, including but not limited to credit card details and a billing address. Order IT may amend commission fees at any time, at its sole discretion. We will notify Suppliers in advance of any such changes to commission fees. If a Supplier is not willing to accept the changes to the commission fees, they may opt to cancel their service. Order IT also reserve the right to refuse or cancel a service at any time.

Minor changes to the Services. We may make changes to the Services:

• 8.1.1to reflect changes in relevant laws and regulatory requirements; and
• 8.1.2to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Services.

More significant changes. In addition, we may make more significant changes to these Terms or the Services, but if we do so we will notify you of such changes.

Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you downloaded it.

Order IT has no role in the contract for the underlying fulfilment of the Order. Order IT does not guarantee the quality of any of the Products.

The Supplier must upload the following to the Platform before they can receive an Order from a Business Customer:

• 9.2.1their Products list;
• 9.2.2their delivery times and days;
• 9.2.3their Order cut-off time; and
• 9.2.4their trade mark or company logo (optional).

The Supplier agrees:

• 9.3.1to cooperate with Order IT in all matters relating to the Services;
• 9.3.2to ensure that all of the information in relation to its Products which is published on or made available via the Platform is complete, accurate and not misleading;
• 9.3.3to fulfil its contractual obligations to the Business Customer in respect of any Order made via the Platform;
• 9.3.4subject to its published terms and conditions, allow Order IT to facilitate the sale of the Products by the Supplier and the Business Customer to purchase the Products through the Platform;
• 9.3.5to comply with these Terms in relation to its acceptance and fulfilment of any Orders made via the Platform;
• 9.3.6to comply with all applicable laws and standards, including but not limited to food health and safety laws and standards; and
• 9.3.7to only contact Business Customers directly if the Business Customer has made an enquiry with the Supplier or placed an Order with the relevant Supplier.

The Supplier may upload copies of certifications and registrations to the Platform. This includes certain food safety standard certifications for information purposes only. We may monitor the content of such documents which are uploaded to the Platform and remove such content if we deem it to be irrelevant or in breach of the content standards at clause 11. We do not warrant that the information contained in any documentation uploaded by the Supplier is correct or accurate.

We reserve the right to cancel a service at any time if a Supplier fails to abide by the conditions listed above at clause 9.3.

Order IT shall use all commercially reasonable endeavours to make the Services available during Order IT’s normal business hours, except for maintenance which may cause short periods of downtime. If major maintenance is required, Order IT will endeavour where possible to carry out such major maintenance during low peak times.

Order IT will not be liable for any failure to supply any of the Services in circumstances where the failure to supply the Services arises as a result of external factors not within its reasonable control.

Order IT makes no warranties, representations or guarantees of any kind as to the nature or quality of any Products offered for sale or purchased through the Platform or the service provided by any Supplier. Our responsibilities are limited to facilitating the availability of our Services and the Platform.

All or part of the Services may at any time (at Order IT’s discretion) be provided by an affiliate of Order IT and, unless otherwise agreed, the provisions of these terms shall apply in these circumstances also.

Order IT reserves the right to choose and vary the display of the Supplier’s Products on the Platform, and this order may change at any time at our discretion.

You may not use our Platform:

• 11.1.1in any way that breaches any applicable local, national or international law or regulation;
• 11.1.2in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
• 11.1.3for the purpose of harming or attempting to harm minors in any way;
• 11.1.4to bully, insult, intimidate or humiliate any person;
• 11.1.5to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (which may be available from time to time), or which could not reasonably be expected to be seen as related to the provision of the Products;
• 11.1.6to upload external third-party links, including but not limited to those that direct Business Customers to Order IT competitors;
• 11.1.7to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
• 11.1.8to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
• 11.1.9to upload terrorist content; and
• 11.1.10to reproduce, duplicate, copy or re-sell any part of our Platform.

You agree not to access without authority, interfere with, damage or disrupt any part of our Platform, any equipment or network on which our Platform is stored, any software used in the provision of our Platform, any equipment or network or software owned or used by any third party.

You also agree not to use a false email address or phone number, or to impersonate any person or entity or otherwise use your account to mislead us, the Suppliers, the Business Customers or others. We reserve the right to terminate an account at any time.

Payment for the Services is made by the Business Customers and the Suppliers upon registration with Order IT. You can pay for the Services using the payment methods listed on our Platform and/or the registration form provided.

We will send you an invoice by email after receiving payment.

All intellectual property rights in and to the Platform and the Services other than intellectual property rights in the Products (or other content provided by you) shall be owned by Order IT and our licensors. For the avoidance for doubt, the Order IT name and logo and each Suppliers name and logo are trade marks of Order IT and each Supplier.

You hereby grant to Order IT a full paid-up, non-exclusive, royalty-free, worldwide licence to copy, use, modify, reproduce, translate and/or publish any materials or content (i) provided by you to Order IT, or (ii) provided by you through the Platform (e.g., ratings, reviews, likes and other communications) for the purposes of providing the Services.

No licence to use any intellectual property rights is granted or implied by these terms except the rights expressly granted in these terms.

We may only use your personal information as set out in our [PRIVACY POLICY].

For the purposes of this clause, the “Data Protection Legislation” means all applicable data protection and privacy legislation in force from time to time in Ireland including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Acts 1988 - 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

The Business Customer, the Supplier and Order IT confirm that they will comply with all applicable requirements of the Data Protection Legislation. This clause 14 is in addition to, and does not relieve, remove or replace, a party's obligations or rights under the Data Protection Legislation.

Whether you are a Business Customer or a Supplier. We exclude all implied conditions, warranties, representations or other items that may apply to our Platform or any content contained therein. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, our Platform; or the use of or reliance on any content displayed on our Platform. In particular, we will not be liable for any loss of profits, sales, business or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Communications with Suppliers. Order IT has no control over and shall in no circumstances be liable any loss, injury, death, or damage to the Business Customer or their property which at any time may be suffered or sustained as a result of (i) a Supplier’s visit to the Business Customer’s premises, in the course of making a delivery or otherwise, or (ii) any interactions or communications with the Supplier.

Limitation of Liability. Subject to clause 15.1 above, Order IT’s total liability to the Business Customer and/or the Supplier shall not exceed the total amount paid by the respective Business Customer or Supplier for the Services in the 12 months preceding the claim.

NON-SOLICITATION
You must not attempt to procure services that are competitive with the Services from any of our directors, employees or consultants, whether as an employee or on a freelance basis, during the period that we are providing the Services to you.

GENERAL
You must not attempt to procure services that are competitive with the Services from any of our directors, employees or consultants, whether as an employee or on a freelance basis, during the period that we are providing the Services to you.

Assignment and transfer

• 17.1.1We may assign or transfer our rights and obligations under the Contract to another entity but will notify you by posting on this webpage if this happens.
• 17.1.2You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.

Governing law and jurisdiction. The Contract is governed by Irish law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the Irish courts.