Warp Development Pty Ltd is the owner and operator of the Order Easy service ('the service"). By signing up and activating Order Easy (“Service”) or any Order Easy services (“Order Easy”) you agree to comply to the following terms and conditions (“Service Terms”). Any functions and/or tools added to the existing Service shall be also subject to the Service Terms.
You can review the current version of the Service Terms at any time from the Order Easy website. Order Easy reserves the right to update and change any Service Terms by updating the Order Easy website. It is recommended you check the Service Terms from time to time for updates or changes that may potentially impact you.
1. Account Terms
You must provide your full legal name, current address, valid email address, and any other information required in order to complete the signup process. You also acknowledge that Order Easy will use the email address you provide as the primary method for communication.
You are responsible to ensure your password is kept secure and not seen or used by unauthorised users. Order Easy cannot and will not be liable for any loss or damage from your negligence to maintain the security of your merchant account and password.
You are responsible for all activity and content such as data, graphics, photos and links uploaded to your Order Easy service (“Service”). You must not transmit any worms, viruses, information or code of a destructive nature.
Breach or violation of any term in the Service Terms as determined in the sole discretion of Order Easy will result in an immediate termination of your services.
2. Account Activation
If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Service Terms.
Upon completion of sign up for the Service, Order-Easy will create if a selected option through PayAll Transactions a direct payment account, a FinYou merchant account, an eLayby Merchant account based on the account information provided.
You acknowledge that PayAll will be your default payments gateway and that as the Account Owner, it is your sole responsibility to activate and maintain these accounts. If you do not wish to keepany of the payment accounts active, it is your responsibility to deactivate them.
Upon signing up through Order-Easy,domain registration will be preset to automatically renew each year so long as your Order-Easy account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.
The person signing up for the Order-Easy Service is responsible for the account and is bound by these Service Terms. If you sign upon behalf of your employer, your employer owns the account and is also bound by our Service Terms. We automatically create accounts for you to accept payments. You are responsible for activating and deactivating these accounts. Any domain you purchase through us will automatically renew unless you opt out.
3. General Conditions
Technical support is provided to paying account holders and available via email at Support. You may not use the Order-Easy service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of any country where Order-Easy is operating.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Order-Easy. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Snappy, Click or Order-Easy trademarks and/or variations and misspellings thereof Questions about the Service Terms should be sent to email@example.com. It is important to understand that your Store Information (not including credit card information or personal information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
The Order-Easy service belongs to us. You are not allowed to ripit off or use it for any illegal or sketchy purpose. Your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.
4. Order-Easy Rights
We reserve the right to refuse service to anyone for any reason at any time. We may, but have no obligation to, remove Store Information and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Service Terms.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Order-Easy customer, Order-Easy employee or affiliate employee, member, or officer will result in immediate account termination. Order-Easy does not pre-validate any Store Information and it is in at our discretion to refuse or remove any Store Information that is available via the Service.
We reserve the right to provide services to your competitors and make no promise of exclusivity in any particular market segment. You further understand, acknowledge and agree that Order-Easy employees and contractors may also be Order-Easy customers or merchants and that they may compete with you, although they may not use your confidential information in doing so.
In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your CPIC company registration, South African photo ID and other application and agreement documentation submitted for registration.
Order-Easy has the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, Order-Easy reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
We can modify, cancel or refuse the service at anytime. In the event of an ownership dispute over a Order-Easy account, we can freeze the account or transfer it to the rightful owner.
5. Limitation of Liability
At no time shall Order-Easy or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Order-Easy partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory. Order-Easy does not guarantee that the Service will be uninterrupted, timely, secure, or error-free.
Order-Easy does not guarantee that the results that may be obtained from the use of the Service will be accurate or reliable.
Order-Easy does not guarantee that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued. Service is “as is” so it may have errors or interruptions and we provide no warranties.
6. Waiver and Complete Agreement
The Service Terms constitutes the entire agreement between you and Order-Easy and governs your use of the Service, superseding any prior agreements between you and Order-Easy (including, but not limited to, any prior versions of the Service Terms).
If Order-Easy chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later. These Service Terms make up the agreement that applies to you. This means that any previous agreements between you and Order-Easy don't apply if they conflict with these terms.
7. Intellectual Property and Customer Content
You acknowledge and agree that the nature of the Internet is international and that Order Easy has your express consent to store and provide access to your personal or confidential information, and that of your users(s) and customers, in and from South Africa, and to transmit and deliver such information via the Internet which may involve its transmission across multiple jurisdictions.
We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose. You can remove your Order-Easy service at any time by deleting your account. This will also remove all content you have stored on the Service.
Anything you upload remains yours and your responsibility. If you want to remove your content, just delete your account.
8. Theme Store
You are free to transfer a Theme to a second one of your own stores if you close your first store. You are not permitted to transfer or sell a Theme to any other person’s store on Order-Easy or elsewhere. Multiple stores require multiple downloads and each download is subject to the applicable fee.
Order-Easy gives no assurance that a particular Theme will remain available for additional downloads.You may modify the Theme to suit your store. Order-Easy may add or modify the footer that refers to Order-Easy at its discretion. Order-Easy may modify the Theme where it contains, in our sole discretion, an element that may be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any person’s intellectual property, even if you received the Theme in that condition. Order-Easy may modify the Theme to reflect technical changes and updates as required.
The intellectual property rights of the Theme remain the property of the designer. If you exceed the rights granted by your purchase of a Theme, the designer may take legal action against you, and Order-Easy may take administrative action such as modifying your store or closing your store.
Technical support for a Theme is the responsibility of the designer, and Order-Easy accepts no responsibility to provide such support. Order-Easy may be able to helpyou contact the designer. It is the responsibility of the user, and not Order-Easy, to ensure that the installation of a new theme does not overwrite or damage the current or preexisting theme, or UI, of the user.
You can purchase our Themes to use for one store at a time. Feel free to modify our Theme, but respect that the designers own their Themes, so don’t infringe on their rights. For Theme-related problems, contact the designer. Note that Themes may disappear over time and are subject to change.
9. Order-Easy Experts
Order-Easy does not endorse Experts and takes no responsibility for any work performed by Experts or failure to fulfill a work order. Links to websites of Experts, announcements about services or offers, and responses to email inquiries regarding Experts, are provided solely for informational purposes at the discretion of Order-Easy and shall not be construed or imply permission, or an affiliation, position regarding any issue in controversy, authentication, appraisal, sponsorship, nor a recommendation or endorsement of any website, product, service, activity, business, organization, or person, and any offers, products, services, statements, opinions, content or information on any linked third-party website.
Under no circumstances shall Order-Easy be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages that result from any contractual relationship between you and Order-Easy experts. These limitations shall apply even if Order-Easy has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.
Experts are not employees of Order-Easy and we are not responsible for them.
10. Payment Terms
Order-Easy for the particular services or products you have requested. You agree to comply with any payment terms that Order-Easy may impose from time to time. You may be required to pay Order-Easy in advance and/or an annual, half yearly, quarterly or monthly basis to use the Service. Your subscription may be renewed automatically on or close to its expiry at the subscription rates applicable at the time of renewal. However, even if a facility to renew your subscription automatically exists, it is solely your responsibility, and not that of Order Easy, to ensure that your subscription is renewed prior to its expiry, failing which your ability to use the Service shall expire automatically. Order Easy may not give you prior notice of an automatic renewal. If Order Easy is unable to effect this automatic renewal for any reason whatsoever, your subscription will expire automatically. For subscribers choosing to pay by credit card, subscription fees for renewal may be charged to the credit card on record unless Order-Easy is notified of a change or cancellation in writing using the tools or means made available by Order Easy.
All sums payable by you to Order-Easy may be quoted exclusive of any goods and services tax, or any other taxes that may be levied on the subscription, or charges levied by Order-Easy. As such, you agree that Order-Easy may charge you and/or the credit card on record for any taxes or charges that Order-Easy is required by any applicable law or regulation to levy on the subscription or charges.
You agree to comply with Order-Easy's payment terms and responsible for the management of your Order Easy subscription. No refunds.
11. Term and Termination
After termination, Order-Easy may, at its sole discretion, maintain any data you have uploaded into its systems. However, you agree that other than any obligations expressly stated in these terms and Conditions, Order-Easy has no responsibility to you to maintain your user account or any of your data after termination and you shall hold Order-Easy harmless and free from any fees, damages, or claims you may suffer in relation to the same or any claims or actions you may have or face in relation to the same.
If termination is due to your failure to renew your subscription on a timely basis, you may reactive your account and access your data if renewal under such circumstances are enabled by Order-Easy. To do so you may have to pay any subscription fees or charges that may be imposed by Order-Easy, including reactivation fees (if any), within any period that may be stated by Order-Easy failing which Order-Easy may permanently remove and delete your user account(s) and any data you have uploaded into its systems.
To initiate a cancellation of the Order-Easy service please cancel your subscription with Order-Easy. We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.
12. Modifications to the Service and Prices
Order-Easy reserves the right at any time to modify or discontinue, the Service (or any part thereof) with or without notice. Order-Easy shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
We may change or discontinue the service at anytime, without liability.
13. Optional Tools
Any use by you of optional tools offered through the service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s)
Order-Easy strongly recommends that users seek specialist advice before using or relying on certain tools.
We are not responsible for third party tools so use them at your own risk. If you use them you agree that we do not provide a warranty, so please get advice beforehand.
14. DMCA Notice and Take down Procedure
Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement. Once provided with a notice of take down, the merchant can reply with a counter notification using our form if they object to the complaint.
The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material.