en
Join us

Terms And Conditions

 

These Terms of Use ("Terms") govern your use of the website and mobile application provided by Order Up Turks DBA Order Up (or referred to as "us") (collectively the "Platforms"). Please read these Terms carefully. By accessing and using the Platforms, you agree that you have read, understood, and accepted the Terms, including any additional terms and conditions and any policies referenced herein, available on the Platforms or available by hyperlink. If you do not agree to or fall within the Terms, please do not use the Platforms.

The Platforms may be used by (i) natural persons who have reached 18 years of age and (ii) corporate legal entities, e.g., companies. Where applicable, these Terms shall be subject to country-specific provisions as set out herein. 

Users below the age of 18 must obtain consent from the parent(s) or legal guardian(s), who, by accepting these Terms, shall agree to take responsibility for your actions and any charges associated with your use of the Platforms and purchase of Goods. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platforms immediately. 

Assent & Acceptance

PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE "TERMS") CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS, AND REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICES AND CONTENT. FOR EXAMPLE, THE TERMS INCLUDE:

  • YOUR OBLIGATION IS TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
  • LIMITATIONS OF OUR LIABILITY TO YOU; AND
  • A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

YOUR ACCESS TO AND USE OF THE SERVICES ARE CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH ALL APPLICABLE TERMS. If you do not agree to these Terms or our Privacy Policy, then please cease using the Services immediately. We reserve the right to change these Terms at any time (see "Changes to these Terms" below.) By accessing, browsing, and using the Services after updates to these Terms have been posted, you agree to be bound by the updated Terms. THESE TERMS AND OUR PRIVACY POLICY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND ORDER UP.

Order Up

What we do

Through our Platforms, Order Up links you to the vendors ("Vendors or Restaurant") for you to order a variety of goods, including prepared meals, non-prepared food, and miscellaneous non-food items (hereinafter collectively referred to as "Goods") to be delivered to you. When you place an order for Goods from our Vendors ("Order"), order Up acts as an agent on behalf of that Vendor to facilitate, process, and conclude the order and deliver the order.

How to contact us

For customer support, you may reach out to us via email or through our in-app customer support feature. 

  • Utilization of Platforms and the Order Up Account
  • You can email us at info@orderup.cc or call on these numbers +16492462939 and +16493318690.
  • To access the platform, you must first create an Order Up account. When you create an Order Up account, we will request personal information from you, including a valid email address, a mobile phone number, and a unique password. To purchase an Order, you may be required to provide us with your credit card information, depending on the payment method you choose. Your unique password should never be shared, and you agree to keep it always secret. You are solely responsible for maintaining the security of your password. Except in instances of fraud or abuse that are not your fault, you acknowledge that you are solely responsible for all Orders placed through your Order Up account.
  • Order Up shall not be liable for Orders that are delayed in delivery because of your incomplete, incorrect, or missing information. You are required to provide complete, accurate, and truthful information for the order's proper processing, including your delivery address and contact information.
  • If you wish to delete your Order Up account, please contact us via email. We reserve the right to restrict, suspend, or terminate your order Up account and use of the Platforms if we have reasonable grounds to believe that: someone other than you is using your order Up account; or if you are suspected or discovered to have engaged in any activity or conduct that violates these Terms, our policies, and guidelines, or that constitutes an abuse of the Platforms in our sole discretion.

Restrictions on Goods 

Some of the Goods we offer on our Platforms are subject to restrictions for purchase ("Restricted Goods"); these restrictions include minimum age requirements for alcohol/alcoholic products and any other goods that we reserve the right not to deliver to you based on the relevant statutory requirements of the time being in force. 

  1. Cigarettes/Tobacco Products ("Tobacco") 
  2. We may offer Tobacco on some of our Platforms where the laws allow it. By offering Tobacco for sale on our Platforms, we do not purport to advertise, promote, or encourage the purchase or use of Tobacco in any way. 
  3. To purchase Tobacco, you must be of the statutory legal age. Order Up, the Vendor, and our delivery riders reserve the right in their sole discretion:
  • To ask for a valid proof of age (e.g., ID card) from any person before delivering Tobacco.
  • To refuse delivery if you are unable to prove you are of legal age; and/or
  • to refuse delivery to any persons for any reason whatsoever.
  1. Any offer for any Alcohol and Tobacco made on the Platforms is void when prohibited by law.

Alcohol

If you order alcohol, you represent and warrant that you are of legal drinking age in the area to which the alcohol is delivered. You are not ordering alcohol for any person who is not of legal drinking age in the applicable jurisdiction. You acknowledge and agree that riders may require valid government-issued photo identification(s) matching the order's name and establishing your age, as well as that the recipient is not intoxicated at the time of delivery. Suppose you cannot satisfy the Rider with these conditions. In that case, alcohol products may be withheld, and any refund for such withholding is at Order Up's discretion. When ordering alcohol for delivery, the delivery address must be residential or private. Alcohol orders may be subject to time and location restrictions for greater certainty.

Orders 

  • When you place an Order with Order Up, Order Up will confirm it by sending you a confirmation email with the Order receipt attached. Orders will include delivery fees and any applicable tax, if applicable (e.g., goods and services tax, value-added tax, etc.).
  • Minimum Order Value - Certain Vendors require a minimum order value ("MOV") before placing and delivering an Order to you. If an applicable Order does not comply with the MOV, you will have the option of paying the difference or increasing the number of Goods in your order.
  • Special Instructions – Order Up, and the Vendor (as applicable) will make a reasonable effort to comply with any special instructions you provide in connection with an Order. If this is not feasible, possible, or commercially reasonable, Order Up and the Vendor reserve the right to proceed with the Order preparation following standard operating procedures. Neither Order Up nor the Vendor shall be liable for replacing or refunding an Order that does not adhere to your special instructions.
  • Allergens – Order Up is not required to make ingredient or allergen information available on the Platforms. Additionally, Order Up makes no guarantee that the Goods sold by Vendors are allergen-free. Please contact the Vendor before placing an Order on our Platforms if you have allergies, allergic reactions, or dietary restrictions and requirements.
  • Please keep in mind that the Vendor may impose additional terms and conditions on your order.
  • Before placing the order
    1. You must provide your delivery address for the platform to display Vendors in your delivery area.
    2. After selecting a Vendor, you will be directed to the Vendor's menu page, where you can select and add Goods to your cart.
    3. Placement of the Order
    4. Please follow the on-screen instructions after clicking 'Checkout' to complete an Order. You may be required to provide additional information to us for us to process your order. Before clicking "PLACE ORDER," you must review and confirm that all the information you provide, including the amounts, delivery details, personal information, payment information, and voucher codes (if applicable), is true, accurate, and complete. When you receive an email confirmation from us containing your Order receipt, your order has been successfully placed.
  • Canceling an Order 
  • If you wish to cancel your order after it has been placed, please contact us immediately via our in-app customer support feature. You have the right to cancel your order if it has not yet been accepted by a Vendor.

Refunds

You have the right to a refund for a canceled Order only if a Vendor has not yet accepted your order. Should you still decide to cancel your order after it has been accepted by the Vendor, you understand that no refunds (whether in whole or in part) will be issued to you, and you forfeit the delivery of your canceled order. 

Order Up reserves the right to cancel any Order and suspend, deactivate, or terminate your order Up account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your order Up account and with your order. 

Prices and Payments

  • Prices quoted on the platform shall be displayed in the applicable country's national currency (United States Dollar) and subject to applicable tax. Prices and offers on the Platforms may vary from the prices, and you accept the offers offered by our Vendors (either on their own websites, mobile applications, or at their brick-and-mortar outlets). 
  • The way we display the prices of our Goods may vary depending on the Vendor, and the prices reflected on our Platforms may: 
  • include GST, VAT, or such other equivalent tax; or 
  • exclude GST, VAT, or other equivalent tax. 

A breakdown of the prices and additional charges is displayed before checkout. When you place an order, you agree to all amounts, additional charges, and the final 'Total' amount, which is displayed to you. 

  • Delivery fees are chargeable on every order unless: 
  • You opt to collect your order directly from the Vendor ("Pick-Up"). 
  • you have a valid promotional or discount voucher and apply it at checkout; or 
  • unless stated otherwise.
  • Prices are indicated on the Platforms areas at the time of each order and may be subject to change. 
  • You can choose to pay for an order using any of the different payment methods offered on the Platforms, including: 
  • Our payment partners are Visa, Mastercard, American Express, and Apple Pay. 
  • If you have existing credit in your order Up account or valid promotional or discount vouchers, you can use this to pay for part or all of your order. 
  • After an Order is successfully placed, you will receive an email confirmation from us with your Order receipt. Delivery fees will not appear in your Order receipt if you opt for Pick-Up.
  • Payment Methods 

Order Up reserves the right, in its sole discretion, to add new payment methods and remove existing payment methods. If you elect to pay online, your payment will be processed by a third-party payment service provider (s). With your consent, we will store your credit card/payment information for future orders with our third-party payment service provider(s). Order Up does not maintain a record of your credit card or other payment information.

You must ensure that your credit or debit card has sufficient funds to cover the cost of an Order. To the extent required by law, Order Up is responsible for payments made through our Platforms, including refunds, chargebacks, cancellations, and dispute resolution, provided that such actions are reasonable and justified, and in accordance with these Terms.

Delivery, Pick-Up, and Vendor Delivery 

Delivery Areas

You understand that our Vendors offer their Goods in specific delivery areas and our Vendors vary from delivery area to delivery area. By entering your delivery address on the Platforms, you will see the Vendors that we make available to you at that time. Delivery areas may expand, shrink or change depending on weather and traffic conditions and situations of force majeure. 

Delivery Time

Order Up shall deliver your order to the delivery address provided by You. You may choose for your order to be delivered "ASAP" or scheduled for a specific time. An estimated delivery time will be provided to you in your email confirmation, but delivery times shall vary depending on factors that are not controlled by us (e.g., order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You can view the remaining delivery time of an Order when you click on 'My orders on the Platforms. You acknowledge that the delivery time we provide is only an estimate, and Orders may arrive earlier or later. To ensure that you do not miss the delivery of an Order, you should ensure that either you or someone is at the delivery location to receive the order once an order is placed. If your order contains Alcohol or Tobacco (if applicable) and you or the recipient is or appears to be below the legal age or fails to provide a valid proof of ID, Order Up reserves the right not to deliver your order to you.

Unsuccessful or Failed Deliveries 

In cases where we attempt to deliver an Order, but we are unable to do so due to the reasons caused by you, including but not limited to:

  • no one was present or available to receive the order; or 
  • the customer was uncontactable despite attempts to reach the customer via the phone number provided; or
  • lack of appropriate or sufficient access to deliver the order successfully. 
  • Lack of a suitable or secure location to leave the order; or
  • In the case of Restricted Goods, the customer did not meet the statutory age requirements, or delivery did not deem it safe or appropriate for the customer to receive the Restricted Goods.

No-show Cancellations 

If you remain uncontactable or fail to receive the order within ten (10) minutes from the time the order arrives at your delivery address, Order Up reserves the right to cancel the order without a refund or remedy to you. 

Wrong Order, Missing Items, Defective Goods 

Upon receipt of your order, if you discover that there are issues with your order (e.g., wrong order, defective order, or missing items), please contact customer support via one of the methods indicated above immediately. In some cases, Order Up may request photographic proof and additional information to investigate the issue with your order correctly. If we determine that the Order and Goods you received are not of satisfactory condition or quality, we will compensate you for your order or parts of your order.

Order Pick-Up 

Where available, you will have the option of collecting your order in person directly from the Vendor's premises ("Pick-Up") instead of having the order delivered to You. Your email confirmation will indicate the time for you to Pick-Up the Order ("Collection Time"). The Vendor will prepare the order by the Collection Time. In some cases, a reasonable delay may be expected. The Vendor agrees to hold the order for you at the Vendor's premises for no more than a reasonable period of twenty (20) minutes from the Collection Time ("Holding Time") and shall not be obliged to provide the order to you if you fail to Pick-Up your Order within the Holding Time. 

In the event of unreasonable delays in Pick-Up attributable to you, you bear the risk of any damage or loss of Goods or any deterioration in quality or change in the condition of the Goods (e.g., changes in the temperature fit for consumption). In this case, you shall not be entitled to a replacement, refund, or replacement of the Goods. You alone are responsible for inspecting the Goods/Order when you Pick-Up your Order and shall report any issues and defects to the Vendor before leaving the Vendor's premises.

Vouchers, Discounts, and Promotions

  • From time to time, Order Up may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Platforms ("Vouchers"). Vouchers are subject to validity periods and redemption periods and, in some instances, may only be used once.
  • Vouchers may not be valid when used in conjunction with other promotions, discounts, or other vouchers. Additional terms and conditions may apply to Vouchers. 
  • Unless otherwise stated, Vouchers can only be used on our Platforms. 
  • Vouchers cannot be exchanged for cash.
  • Order Up reserves the right to void, discontinue or reject the use of any Voucher without prior notice. Individual restaurant's terms & conditions apply
  • We may exclude certain Vendors from the use of Vouchers at any time without prior notice to you. 

Customer's Feedback

The platform permits you to post comments, feedback, etc., but you are solely responsible for the content posted to you. You represent that you have required permission to use the content.

When giving feedback to the platform, please do not post content that:

  • Contains ill-mannered, profane, abusive, racist, or hateful language or expressions, text, and attacks of a personal, racial or religious nature.
  • It is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, and contains exaggeration or unsubstantiated claims.
  • Violating the privacy rights of any third party is unreasonably harmful or offensive to any individual or community.
  • Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability or refers to such matters in any manner prohibited by law.

Representations, Warranties, and Limitation of Liabilities

Representations and Warranties 

You acknowledge and agree that the content on the Platforms is provided on an "as is" and "as available" basis and that your use of or reliance upon the Platforms and any content, goods, products, or services accessed or obtained thereby is at your sole risk and discretion. While Order Up makes reasonable efforts to ensure the provision of the Platforms and the services we offer are always available, we do not warrant or represent that the Platforms shall be provided in a manner that is secure, timely, uninterrupted, error-free, free of technical difficulties, defects, or viruses. Please expect temporary interruptions of the platform due to scheduled or regular system maintenance work, downtimes attributable to the internet or electronic communications, or events of force majeure.

Limitation of Liability 

You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by vendors or by us, and (B) shall not be responsible for any goods posted by vendors. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by vendors or us.

In no event will we be liable for any loss or damage, including, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of profits arising out of, or in connection with, the use of this platform.

Vendor's representations

Order Up shall neither be liable for actions or omissions of the Vendor. Order Up does not assume any liability for the quantity, quality, condition, or other representations of the Goods and services provided by Vendors or guarantee the accuracy or completeness of the information (including menu information, photos, and images of the Goods) displayed on the Vendor's listing/offering on the platform. Nothing in these Terms shall exclude Vendor's liability for death or personal injury arising from Vendor's gross negligence or willful misconduct.

Vendor Liability 

Vendors are responsible for the preparation, condition, and quality of Goods. Order Up shall not be liable for any loss or damage arising from your contractual relationship with the Vendor. 

Personal Data (Personal Information) Protection 

You agree and consent to Order Up and any of its affiliate companies collecting, using, processing, and disclosing your Personal Data in accordance with these Terms and as further described in our Privacy Policy. Our Privacy Policy is available via the links on our Platforms and shall form a part of these Terms. 

Indemnity 

You agree to indemnify, defend, and hold harmless order Up, its directors, officers, employees, representatives, agents, and affiliates, from all third-party claims, liability, damages, and costs (including but not limited to legal fees) arising from your use of the Platforms or your breach of these Terms. 

Amendments 

Order Up may amend these Terms at any time at its sole discretion. The amended Terms shall be effective immediately upon posting, and you agree to the new Terms by continued use of the Platforms. It is your responsibility to check the Terms regularly. If you disagree with the amended Terms, whether in whole or in part, you must stop using the Platforms immediately.

Severability 

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

Governing Law and Dispute Resolution

  1. Governing Law. These Terms of Service will be governed by the laws of Turks and Caicos unless you access the Order Up Platform or receive the Order Up Services, in which case the laws of the Turks and Caicos apply to the extent of such access or use of the Order Up Services, and the federal laws of Turks and Caicos applicable therein. These laws apply to your access to or use of the Order Up Platform, the Order Up Services, or the Content, notwithstanding your domicile, residency, or physical location. The Order Up Platform, the Order Up Services, and the Content are intended for use only in jurisdictions where they may lawfully be offered for use.
  2. Dispute Resolution Process.
  1. Except to the extent restricted by applicable law, if there is any dispute or controversy between (1) you and (2) Order Up or any members of the Order Up Group, including any dispute or controversy arising out of or relating to these Terms of Service, the Order Up Platform or Order Up Services, any interactions or transactions between (1) you and (2) Order Up or any members of the Order Up Group, or in respect of any legal relationship associated with or derived from these Terms of Service, including the validity, existence, breach, termination, construction or application, or the rights, duties or obligations of you or us, (each, a "Dispute"), the disputing person will serve notice on the other person and each you and us must use reasonable faith efforts to resolve the Dispute informally.
  2. Except to the extent restricted by applicable law, if the Dispute is not resolved after twenty (20) business days of a person serving notice on the other party that there is a Dispute, you and we agree that the Dispute will be finally resolved by confidential arbitration before a single arbitrator in accordance with the Arbitration Rules of the ADR Institute of Turks and Caicos. The seat of the arbitration will be Turks and Caicos or wherever convenient or necessary, acting reasonably. There will be no appeals of any kind. The language of the arbitration will be English unless otherwise required by applicable law or agreed to by you and us. Order Up will pay the reasonable arbitration costs.
  3. Except to the extent restricted by applicable law, you and we agree that you and we will resolve any Dispute on an individual basis. Any claim you may have must be brought individually, in your individual capacity, and not as a representative plaintiff or class member, and you will not join such claim with claims of any other person or entity or bring, join, or participate in a class-action lawsuit, collective or representative proceeding of any kind (existing or future) against any members of the Order Up Group.
  4. Nothing in this Section will prohibit us from seeking interim measures from a court, including preliminary or injunctive relief of breach of you of any intellectual property rights.

GENERAL PROVISIONS:

  1. JURISDICTION, VENUE & CHOICE OF LAW: The terms herein will be governed by and construed by the laws of Turks and Caicos without giving effect to any principles of conflicts of law. The Courts of Turks and Caicos shall have exclusive jurisdiction over any dispute arising from the use of the website.
  2. ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be given, sold, leased, or otherwise assigned by us, the rights and liabilities of orderup.cc will bind and inure to any assignees, administrators, successors, and executors.
  3. NO WAIVER: If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
  4. HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization only. Headings shall not affect the meaning of any provisions of this Agreement.
  5. NO AGENCY, PARTNERSHIP, OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties because of this Agreement. No Party has any authority to bind the other to third parties.
  6. FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond its reasonable control, including, but not limited to, acts of God, actions of civil authorities, acts of military authorities, riots, embargoes, acts of nature, and natural disasters, and other acts which may be due to unforeseen circumstances, i.e., COVID-19!
  7. ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including email. For any questions or concerns, please use the contact us form on the website or email us at info@orderup.cc. 

 

This document was last updated on October 1, 2022