Restaurant Terms and Conditions

This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website, www.orderonlineexpress.com, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by Order Online Express.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively "Legal Terms", constitute the entire and only agreement between you and Order Online Express, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.

The last update to our Terms of Service was posted on February 21, 2013.

Definitions
The terms "us" or "we" or "our" refers to Order Online Express, the owners of the Website.

A "Visitor" is someone who merely browses our Website, but has not registered as Member.

A "Member" is an individual that has registered with us to use our Service.

Our "Service" represents the collective functionality and features as offered through our Website to our Members.

A "User" is a collective identifier that refers to either a Visitor or a Member.

All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content".

A "Restaurant" is a business that has registered with us to provide online ordering with our Service.

Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Order Online Express reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to cancelling your Member account, blocking your IP address from our sites, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.

Links to Other Websites
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Order Online Express has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

General Terms
Our Legal Terms shall be treated as though it were executed and performed in Canada, and shall be governed by and construed in accordance with the laws in Canada, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Order Online Express under our Legal Terms shall survive the termination of our Legal Terms.

Service
Order Online Express agrees to add the Restaurant`s menu to the Order Online Express system and provide online web ordering for the restaurant.
In particular, Order Online Express provides a web page www.orderonlineexpress.com from which restaurant patrons can place on line web orders and the restaurant receives the details of the order in an email or fax. Also, a phone call to the restaurant is made informing the restaurant they have an order from Order Online Express and to consult their fax or email for details.
Order Online Express will inform the restaurant by phone of any order by their chosen methods whereas the restaurant must consult the fax or email (depending upon what service they choose) for the details of the actual order.
Orders can be for either delivery or takeout. If the restaurant only has a takeout service Order Online Express will only allow takeout orders.
If the restaurant only has a delivery service Order Online Express will only allow delivery orders.
Through the ordering system provided by Order Online Express the restaurant receives a web page with an on line ordering version of their menu and can use this web page on their printed advertising or link to it from another web page.
Order Online Express agrees to confirm each order by telephone confirmation our system will make up to 3 attempts to confirm the order by phone and then send the order and tag it as UNCONFIRMED.
Phone numbers from Hotels or any other automated extention will be automatically received as UNCONFIRMED. The restaurant assumes all responsibility regarding the confirmation process for a phone number for any unconfirmed orders that are received.

Termination
The restaurant may terminate this service at any time and must pay any outstanding fees upon termination.

Order Online Express reserves the right to terminate service at any time.

Limited Liability
Order Online Express is not responsible for any orders where patrons refuse to pay, fail to pick up orders and is not responsible for any patrons who are unavailable at the time of delivery.

Order Online Express is not responsible for anything that may happen to The Restaurant or any agents of The Restaurant while preparing or delivering an order received from its system.

The system is accepted as is and Order Online Express is not responsible for any down time or errors resulting from this system. Order Online Express will endeavor to fix any errors that occur but will not be responsible for any loses that might occur due to these errors.

Menu Changes
After the restaurant accepts and approves the initial setup of a restaurants menu Order Online Express provides 1 complete menu change per year with out charge and any further menu changes are billed at a rate of $25 per hour with a one hour minimum. Any mistakes or typing errors order online express will correct for free.

PayPal
The restaurant understands that payments are processed securely through PayPal and Order Online Express does not store, use or process payment information. The restaurant is responsible for their PayPal account. The Restaurant Agrees to pay all PayPal fees for processing online transactions.

Fees
The fees that are posted on the pricing page (http://www.orderonlineexpress.com/pricing.html) are the most current fees provided to new restaurants that are signing up. Order Online Express reserve the right to make changes to the pricing at any time without notifying the restaurant of its latest pricing plans. If the restaurant you represent is receiving a lower rate than what is posted your rate will not increase without notice but it is the responsibility of the restaurant to monitor the website for the most recent pricing and changes in pricing if they want to make an update to the agreed rate they are currently subscribed to.