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Terms And Conditions

Order Up – Terms of Use

Order Up – Terms of Use

Last updated: June 6, 2024

These Terms of Use (“Terms”) govern your use of the website and mobile application provided by Order Up Turks DBA Order Up (“Order Up,” “we,” “us,” or “our”). By accessing or using our platforms (the “Platforms”), you agree to these Terms and our Privacy Policy. If you do not agree, please stop using the Platforms immediately.

1. Eligibility & Acceptance

  1. The Platforms may be used by:
    • Individuals who are 18 years or older.
    • Corporate or legal entities (e.g., companies).
  2. Users under 18 must have parental or guardian consent. Parents/guardians accept responsibility for the minor’s use of the Platforms and all charges incurred.
  3. By using the Platforms, you confirm that you have read, understood, and accepted these Terms.

2. Your Account

  1. To place an order, you must create an Order Up account with:
    • A valid email
    • Mobile phone number
    • Password
  2. You are responsible for safeguarding your account credentials. All orders placed through your account are your responsibility unless due to proven fraud not caused by you.
  3. We may suspend or terminate your account if:
    • Another person is using your account without permission
    • You engage in activities violating these Terms, our policies, or applicable laws

3. Orders

3.1 Order Placement

  • Enter your delivery address to view available vendors.
  • Select items, add them to your cart, and proceed to checkout.
  • Before confirming, review all details (order items, delivery information, payment, and voucher codes).
  • An order is considered placed once you receive a confirmation email/receipt.

3.2 Vendor Completion Time vs Delivery Time

  • The time given by a Vendor reflects order preparation only.
  • Delivery times depend on external factors (traffic, distance, weather, rider availability).
  • Estimated delivery time shown in the app is an approximate guide only.

3.3 Minimum Order Value (MOV)

  • Some Vendors require a minimum order. If your cart does not meet the MOV, you may:
    • Add more items, or
    • Pay the difference.

3.4 Special Instructions

We and Vendors will make reasonable efforts to follow special instructions. However, if not feasible, orders will be prepared under normal procedures. Refunds are not guaranteed for unmet instructions.

4. Prices & Payments

  1. Prices are displayed in USD and may vary from Vendors’ in-store prices.
  2. Prices may include or exclude VAT/GST. A full breakdown (items, fees, taxes) is shown at checkout.
  3. Payments may be made via:
    • Visa, Mastercard, American Express
    • Order Up wallet balance
    • Valid vouchers/discount codes
  4. Payments are processed by third-party providers. Order Up does not store card details.

5. Delivery & Pick-Up

  1. Delivery Areas – Vendors serve specific zones. Availability may change due to traffic, weather, or other conditions.
  2. Delivery Times – Estimated times are provided but not guaranteed. Orders may arrive earlier or later.
  3. Unsuccessful Deliveries – An order may be canceled without refund if:
    • No one is available to receive it
    • You are uncontactable by phone
    • The address is incomplete/inaccessible
    • For age-restricted goods, ID cannot be verified
  4. No-Show Cancellations – If you fail to collect your order within 10 minutes of arrival, it may be canceled without refund.
  5. Pick-Up Orders –
    • Vendors hold orders for up to 20 minutes after the scheduled pick-up time.
    • After this, they are not obligated to provide a refund or replacement.

6. Cancellations & Refunds

  1. Customer Cancellations – You may cancel if the Vendor has not yet accepted the order. Refunds will not be issued once the Vendor has accepted.
  2. Refunds – Order Up may provide refunds only in cases of:
    • Canceled orders before Vendor acceptance
    • Wrong, missing, or defective items (with proof)
    • Orders deemed unsatisfactory after investigation
  3. Refunds are processed at Order Up’s discretion and may take up to 7 days.
  4. Order Up reserves the right to cancel any order for suspected fraud or abuse.

7. Restricted Goods

  1. Alcohol & Tobacco – Orders are permitted only where legally allowed. Customers must:
    • Be of legal age
    • Present valid government-issued photo ID
  2. Riders may refuse delivery if:
    • Age/ID cannot be verified
    • The recipient appears intoxicated
    • Delivery is deemed unsafe
  3. Restricted goods will not be delivered to public locations.

8. Allergens & Food Safety

  • Vendors may not provide full ingredient or allergen information.
  • Order Up cannot guarantee that items are allergen-free.
  • Customers with allergies should contact Vendors directly before ordering.

9. Vouchers & Promotions

  • Vouchers are subject to expiry dates and redemption rules.
  • They cannot be exchanged for cash or combined with other promotions unless stated.
  • Order Up may void or restrict vouchers at any time.

10. Customer Feedback

You may submit feedback or comments, provided you do not post content that is abusive, racist, defamatory, misleading, offensive, or unlawful.

11. Liability

  • Platform Availability – We provide the Platforms “as is.” Temporary downtime may occur due to maintenance, internet issues, or events beyond our control.
  • Vendor Responsibility – Vendors are solely responsible for the quality, preparation, and accuracy of their Goods.
  • Limitation of Liability – Order Up is not liable for indirect, incidental, or consequential damages arising from your use of the Platforms.

12. Privacy & Data

By using our Platforms, you consent to our collection and use of your personal data as outlined in our Privacy Policy.

13. Indemnity

You agree to indemnify and hold harmless Order Up, its affiliates, and employees against claims, damages, and costs arising from your use of the Platforms or violation of these Terms.

14. Amendments

We may update these Terms at any time. Continued use of the Platforms after updates means you accept the revised Terms.

15. Governing Law & Dispute Resolution

  1. These Terms are governed by the laws of Turks and Caicos Islands.
  2. Disputes will first be addressed through informal negotiation. If unresolved, they will be settled by confidential arbitration under the ADR Institute of Turks and Caicos.
  3. Claims must be made individually and not as part of a class action.

16. General Provisions

  • Severability: If one part is invalid, the rest remains enforceable.
  • Assignment: You may not transfer these Terms; we may assign our rights.
  • No Waiver: Failure to enforce a provision is not a waiver.
  • Force Majeure: We are not liable for events outside our control (e.g., natural disasters, pandemics).
  • Electronic Communications: You consent to receive notices electronically (email, app notifications).