Welcome to OrderEazi, an online order management system. Warp Development (Pty) Ltd is the owner and operator of OrderEazi (the “Service”). By signing up and activating an OrderEazi (“Service”) or any OrderEazi services (“OrderEazi”), you agree to comply with the following terms and conditions (“Agreement”). Any functions and/or tools added to the existing Service shall also be subject to the Agreement.
You can review the current version of the Service Terms at any time from the OrderEazi website. OrderEazi reserves the right to update and change any Service Terms by updating the Order Easy website. Check the Service Terms occasionally for updates or changes that may impact you.
You must read, agree with and accept all the terms and conditions contained in the Service Terms agreement and OrderEazi’s Privacy Policy before you may become an OrderEazi merchant.
Definition of Terms Used
The following terms shall have the following meanings:
1.1. Generally
1.1.1. The right to access and use the Services is granted to you by OrderEazi, with roles available to you set according to your Subscription type. This right is non-transferable, non-exclusive, limited by, and subject to this Agreement.
1.2. Implementation Services
1.2.1. If implementation or onboarding services are selected along with the Services as indicated in your quote. In that case, you will pay for such implementation services at the time of purchase or as otherwise outlined in the applicable quote or invoice. Such payments are non-cancellable and nonrefundable after the commencement of services. OrderEazi retains all rights, titles and interests in and to any implementation services and Intellectual Property Rights. You shall have no rights therein except as expressly outlined in this Agreement.
2. Your Obligations
2.1. General Obligations
2.1.1. The Services are intended for your own lawful internal business purposes only, per these terms and any notices or conditions sent directly to you or posted on the Website by OrderEazi. The Services can likewise be used on behalf of others or to provide Services to others. However, you must ensure that you have authorisation to do so and that all persons for whom or to whom Services are provided comply with and accept all terms of this Agreement. Invited Users are the sole responsibility of the Subscriber, and OrderEazi will not be made liable for any actions taken by an Invited User.
2.2 Account Terms
2.2.1 You must be at least 18 years or older to use this Service.
2.2.2. You must provide your full legal name, current address, valid email address, and any other information required to complete the sign-up process. You also acknowledge that OrderEazi will use the email address you provide as the primary method for communication.
2.2.3. You are responsible for ensuring all usernames and passwords are kept secure and not seen or used by unauthorised users. OrderEazi cannot and will not be liable for any loss or damage from your negligence in maintaining the security of your account and password.
2.2.4. Suppose an unauthorised use of your password or any other security breach occurs. In that case, OrderEazi will be notified immediately to reset your passwords.
2.2.5. You are responsible for all activity and Content, such as data, graphics, photos and links uploaded to your OrderEazi service (“Service”). You must not transmit any viruses, Information or code of a destructive nature.
2.2.6. Breach or violation of any term in the Service Terms as determined by the sole discretion of OrderEazi. If a breach or violation is positively identified, OrderEazi will immediately terminate your services.
2.3. Account Activation
2.3.1. Subject to section 2.3.2, the person signing up for the Service will be the contracting party (“Account Owner”) for our Service Terms. It will be the person authorised to use any corresponding account we may provide to the Account Owner in connection with the Service.
2.3.2. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. Suppose you are signing up for the Service on behalf of your employer. In that case, 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, OrderEazi will create an Account with Warp Development for invoicing purposes.
2.3.3. Upon signing up for an OrderEazi subscription, you will receive a free sub-domain under the ordereazi.com top-level domain.
2.4. Data
2.4.1. It is your responsibility to check that submission storage of and access to your Data via the Services will comply with laws applicable to you (including any relevant privacy laws and laws requiring you to retain records). While OrderEazi adheres to its best practice policies and procedures to prevent any data loss, there can be no guarantee that no data loss will occur. You acknowledge and agree that you are responsible for maintaining copies or backups of all Data inputted into the Services. Additionally, OrderEazi reserves the right to audit the Usage of the Services and enforce changes, with fair and reasonable notice, to comply with applicable laws. You must not input or store PCI or other financial account data or susceptible personal Information into free text fields available in the Services.
3. OrderEazi Rights
3.1. We reserve the right to modify or terminate the Service for any reason without notice.
3.2. We reserve the right to refuse Service to anyone for any reason.
3.3. 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, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Service Terms.
3.4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any OrderEazi customer, OrderEazi employee or, affiliate employee, member, or officer will result in immediate account termination.
3.5. OrderEazi does not pre-validate any Store Information, and it is our discretion to refuse or remove any Store Information available via the Service.
3.6. 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 OrderEazi employees and contractors may also be OrderEazi customers or merchants and that they may compete with you. However, they may not use your confidential Information in doing so.
3.7. In 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.
3.8. OrderEazi has the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. Suppose we are unable to determine the rightful account owner reasonably. In that case, OrderEazi reserves the right to temporarily deactivate an account until a resolution has been determined between the disputing parties.
3.9. This means we can modify, cancel or refuse the Service anytime. In an ownership dispute over an OrderEazi account, we can freeze the account or transfer it to the rightful owner.
4. Limitation of Liability
4.1. You expressly understand and agree that OrderEazi shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
4.2. At no time shall OrderEazi 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, OrderEazi 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.
4.3. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any express, implied, or statutory warranty or condition.
4.4. OrderEazi does not guarantee that the Service will be uninterrupted, timely, secure, or error-free.
4.5. OrderEazi does not guarantee that the results that may be obtained from the use of the Service will be accurate or reliable.
4.6. OrderEazi 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.
4.7. Means – 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.
4.8. Service is “as is”, so it may have errors or interruptions, and we provide no warranties.
5. Waiver and Complete Agreement
5.1. The failure of OrderEazi to exercise or enforce any right or provision of the Service Terms shall not constitute a waiver of such right or provision.
5.2. The Service Terms constitute the entire Agreement between you and OrderEazi and govern your use of the Service, superseding any prior agreements between you and OrderEazi (including, but not limited to, any previous versions of the Service Terms).
5.3. Means – If OrderEazi chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.
5.4. These Service Terms make up the Agreement that applies to you. This means that any previous agreements between you and OrderEazi don’t apply if they conflict with these terms.
6. Intellectual Property and Customer Content
6.1. You or your customers, partners or associates, whichever may be applicable, are the owners of any data you upload into the Service (” Your Data”). You hereby agree that OrderEazi owns all data other than Your Data, including any system-generated data generated by the Service or any data compiled from data imported into the Service by all users of the Service on an aggregate basis. OrderEazi may use all of OrderEazi’s Data in any way it chooses, including to improve or adapt its services or to create or design new products and services.
6.2. You acknowledge and agree that the nature of the Internet is international and that OrderEazi 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.
6.3. The OrderEazi Privacy Policy, which may be amended or updated occasionally, is incorporated into and forms part of these Terms and Conditions.
6.4. We will not disclose your confidential Information to third parties except as required while providing our services. Confidential Information includes any materials or Information supplied by you to us that is not publicly known. Confidential Information does not have 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 OrderEazi service at any time. Please notify us by emailing support@ordereazi.com. This will also clear all Content you have stored on the Service.
7. Data
7.1. It is your responsibility to check that submission storage of and access to your Data via the Services will comply with laws applicable to you (including any relevant privacy laws and laws requiring you to retain records). While OrderEazi adheres to its best practice policies and procedures to prevent any data loss, there can be no guarantee that no data loss will occur. You acknowledge and agree that you must maintain copies or backups of all Data inputted into the Services. Additionally, OrderEazi reserves the right to audit the Usage of the Services and enforce changes, with fair and reasonable notice, to comply with applicable laws. You must not input or store PCI or other financial account data or susceptible personal Information into free text fields available in the Services.
8. Payment Terms
8.1. By creating an account and subscribing to the Service or renewing your subscription for the Service, you indicate you agree to the charges imposed by:
8.2. OrderEazi for the particular services or products you have requested. You agree to comply with any payment terms that OrderEazi may impose occasionally. You may be required to pay OrderEazi in advance and/or on 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 OrderEazi, to ensure that your subscription is renewed before its expiry, failing which your ability to use the Service shall expire automatically. OrderEazi may not give you prior notice of automatic renewal. If OrderEazi 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 OrderEazi is notified of a change or cancellation in writing using the tools or means made available by OrderEazi.
8.3. All sums payable by you to OrderEazi may be quoted exclusive of any goods and services tax or any other taxes that may be levied on the subscription or charges imposed by OrderEazi. As such, you agree that OrderEazi may charge you and/or the credit card on record for any taxes or charges that OrderEazi is required by any applicable law or regulation to levy on the subscription or charges.
8.4. Charges for services will be provided by Warp Development (Pty) Ltd and are defined on the Website and/or in the quote or invoice that you will receive via email. Quotations are valid for a period of 14 days. Warp Development (Pty) Ltd reserves the right to alter or decline to provide a quotation after the fourteen (14) days expires.
8.5. Payment for services is due by bank transfer. Bank details will be made available on invoices, and payment terms will be agreed upon and provided on quotations and invoices supplied.
8.6. If you wish to terminate Services, send an email notice to support@ordereazi.com, which will be effective upon receipt of such notice. Telephone requests for termination of services will only be honoured once and if confirmed in writing. You will be invoiced for onboarding services completed to the date of first notice of cancellation for payment in full within thirty (30) days calendar notice or as per the Service Level Agreement or existing contract.
9. Term and Termination
9.1. OrderEazi shall have the right to terminate its relationship with you, without prior notice, if you breach or fail to comply with any provision of these Terms and Conditions. This Agreement and your ability to use the Service shall also automatically terminate upon the expiry of your subscription.
9.2. After termination, OrderEazi 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, OrderEazi has no responsibility to you to maintain your user account or any of your data after termination, and you shall hold OrderEazi 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.
9.3. Suppose termination is due to your failure to renew your subscription on a timely basis. In that case, you may reactivate your account and access your data if OrderEazi enables renewal under such circumstances. To do so, you may have to pay any subscription fees or charges that may be imposed by OrderEazi, including reactivation fees (if any), within any period that may be stated by OrderEazi, failing which OrderEazi may permanently remove and delete your user account(s) and any data you have uploaded into its systems.
10. Modifications to the Service and Prices
10.1. Prices for using OrderEazi are subject to change upon 30 days notice from OrderEazi. Such notice may be provided at any time by email, posting the changes to the OrderEazi Website (https://www.ordereazi.com).
10.2. OrderEazi reserves the right to modify or discontinue the Service (or any part thereof) with or without notice.
10.3. OrderEazi shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
11. Optional Tools
11.1. OrderEazi may provide you with access to third-party tools over which OrderEazi neither monitors nor has any control or input.
11.2. You acknowledge and agree that OrderEazi provides access to such tools ‘as is’ without any guarantees, representations or conditions of any kind and any endorsement. OrderEazi shall have no liability arising from or relating to your use of optional third-party tools.
11.3. 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)
11.4. OrderEazi strongly recommends that users seek specialist advice before using or relying on specific tools.
12. Support
12.1. Technical support is provided to paying account holders via recognised support channels.
12.2. Severity 1 / Critical issues with high impact are covered comprehensively, and governed by our Service Level Agreement (SLA)
12.3. Custom support requests are quoted and charged at a fixed rate
12.4. Technical Problems
12.4.1. You are responsible for making all reasonable efforts to investigate and diagnose technical problems before contacting OrderEazi. If you need assistance, please check the support provided online by OrderEazi on the Website. If technical problems still have not been resolved, please get in touch with us.
12.5. Service Availability
12.5.1. OrderEazi makes every effort to ensure that the Services are available for your use; however, occasionally, the Services or Website may be unavailable to permit necessary maintenance or development activity.
12.5.2. If, for any reason, OrderEazi needs to interrupt Services for more extended periods, we will take all reasonable steps to ensure that you are notified by publication on the Website in advance of such activity. OrderEazi will have no liability to you for the unavailability of the Services.
13. DMCA Notice and Takedown Procedure
13.1. OrderEazi supports the protection of intellectual property and asks OrderEazi customers to do the same. It’s our policy to respond to all notices of alleged copyright infringement. Suppose someone believes that one of our customers is infringing their intellectual property rights. In that case, they can send a DMCA Notice to OrderEazi’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or restrict access to the material claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint.
13.2. 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 will restore the material.
14. General Conditions
14.1. You must read, agree with and accept all the terms and conditions in this User Agreement and the Privacy Policy before becoming an OrderEazi customer.
14.2. You may not use the OrderEazi service for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) and the laws of any country where OrderEazi is operating.
14.3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use the Service, or access the Service without the express written permission of OrderEazi.
14.4. Questions about the Service Terms should be sent to sales@ordereazi.com
14.5. You acknowledge and agree that your use of the Service, including Information transmitted to or stored by OrderEazi, is governed by its privacy policy at https://ordereazi.com/privacy-policy/.
15. Governing Law
15.1. This Agreement shall be governed by and construed by the laws of South Africa. Any disputes arising from its interpretation shall be subject to the exclusive jurisdiction of the courts of South Africa.
These Terms and Conditions are effective from 23 January 2024.
