Payments Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

Last Updated: October 1st, 2016

Section 1 – Terms of Service

These terms and conditions (“payments terms”) govern the payment services that Ordr Kitchen Ltd. provide to you in connection with your use of the Ordr.kitchen site and/or Services, and constitute a binding legal agreement between you and Ordr Kitchen Ltd. The Ordr.kitchen Terms of Service (“Ordr.kitchen Terms and Conditions”) separately govern your use of the site and Services.

YOU ACKNOWLEDGE AND AGREE THAT, BY USING THE PAYMENT SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE PAYMENTS TERMS. IF YOU DO NOT AGREE TO THESE PAYMENTS TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE PAYMENT SERVICES. Failure to use the Payment Services in accordance with these payments terms may subject you to civil and criminal penalties. If you accept or agree to these payments terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these payments terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity. Please also read carefully Ordr.kitchen’s Privacy Policy.

Section 2 – Modification

Ordr Kitchen Ltd reserves the right, at its sole discretion, to modify or terminate the payment services or to modify these payments terms at any time and without prior notice. If we modify these Payments Terms, we will either post the modification on the Site or otherwise provide you with notice of the modification. We will also update the “Last Updated” date at the top of these Payments Terms. By continuing to use the payment services after we have posted a modification on the site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified payments terms. If the modified payments terms are not acceptable to you, your only recourse is to cease using the Payment Services.

Section 3 – Eligibility

The payment services are intended solely for persons who are 18 or older. Any use of the payment services by anyone under 18 is expressly prohibited. By using the payment services you represent and warrant that you are 18 or older.

Section 4 – Account registration

In order to use the payment services, you must first register to create an Ordr.kitchen account and become a member in accordance with the acceptance of the Terms and Conditions of Ordr.kitchen. You acknowledge, consent and agree that anyone you authorise to use your Ordr.kitchen account may use the payments services on your behalf and that you will be responsible for any payments made by such person.

Section 5 – Identity verification

You authorise Ordr Kitchen Ltd, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud. This may include asking you to provide a form of government identification (e.g. passport), your date of birth, and other information requiring you to take steps to confirm ownership of your email address, payment methods or payout methods; or attempting to screen your information against third party databases. You further authorise Ordr Kitchen Ltd to request a credit check on you from a credit check agency. This credit check report will be requested and utilised in compliance with applicable law. Ordr Kitchen Ltd reserves the right to close, suspend, or limit access to the payment services in the event we are unable to obtain or verify any of this information.

Section 5 – Financial terms for placing orders on the platform

Key Definitions
* “Payment Method” means a payment method that you are using to check out through your Ordr.kitchen account, such as a credit card, debit card or PayPal.
* “Payout Method” means a payout method that you have added to your Ordr.kitchen account, such as PayPal, direct deposit, a prepaid card or a debit card (where available).

Financial Terms for Vendors regarding orders
If, as a Vendor, you are unable to confirm or decide to reject an order request within 12 hours after the order is placed by the customer, any amounts collected by Ordr.kitchen for the requested order will be refunded to the applicable customer’s Payment Method and any pre-authorisation of such Payment Method will be released.

Ordr Kitchen Ltd will collect the total service fees from each vendor either at the time of the order checkout or upon the vendor confirmation of the order (depending upon the customer’s Payment Method) and will initiate payment of the order amount (less Ordr.kitchen’s vendor fees and any taxes in respect of the vendor fees, such as VAT) to the vendor in most cases within 72 hours after produce is delivered to customers (except to the extent that a refund is due to the customer). The time it takes for the vendor to receive payouts may depend upon the payout method chosen by the vendor. Some payout methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the vendor, including by deducting their charges from the payout amount.

If you owe or agree to pay any amount to Ordr.kitchen, then Ordr.kitchen may (but is not obliged to) withhold the amount owing to Ordr.kitchen from any payout amounts due to you as a vendor, and use the withheld amount to setoff the amount owed by you to Ordr.kitchen. If Ordr.kitchen does so, then your obligation to pay Ordr.kitchen will be extinguished to the extent of the amount withheld by Ordr.kitchen, and Ordr.kitchen will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to Ordr.kitchen by you. Such communication may be made by Ordr.kitchen or by anyone on their behalf, including but not limited to a third party collection agent.