Terms of Service
Last updated on: January 26, 2022You agree to be bound by the following terms and conditions (the "Terms of Service") by creating an Ordy Account (as defined in Section 1) or using any Ordy Services (as defined below).
As used in these Terms of Service, “we”, “us” and “Ordy” means the Ordy Contracting Party.
Ordy's services under the Terms of Service include a variety of products and services designed to assist you in selling goods and services to customers. Any such services provided by Ordy are referred to as the "Services" in these Terms of Service. The Terms of Service will apply to any new features or tools that are added to the current Services. At any time, you can review the most recent version of the Terms of Service at https://ordy.ca/terms. By posting updates and changes to the Ordy website (https://ordy.ca), Ordy reserves the right to update and change the Terms of Service. If you do not agree to the changes, you must stop using the Services.
All of the terms and conditions referenced in these Terms of Service, including Ordy's Privacy Policy, must be read and accepted by you.
1. Account
- You acknowledge that any activity using the Services may be tracked via anonymous account creation and stored by the Service.
- To access some parts of the Service you may be asked to create an Account. When you create an account with Ordy, you will be required to provide us with your email address for the purpose of user registration, identification, and account verification.
- When creating an account, all previous information stored with your anonymous account will be merged with the created account.
- You are responsible for the security of your passwords and for any use of your Account. Ordy cannot and will not be held accountable for any loss or damage resulting from your failure to maintain the security of your Account and password.
- You agree that you must monitor the primary Account email address you provide to Ordy and your primary Account email address must be capable of both sending and receiving messages. Only your primary Account email address can be used to validate your email communications with Ordy.
- Any breach or violation of the Terms of Service, as determined solely by Ordy, may result in the immediate termination of your Account.
- You acknowledge that you may not use a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene when using The Services.
- You are responsible for all activity and content on or in connection with your Account ("Materials"), including images, graphics, textual content or data collected, displayed, generated or exhibited.
1.1 Store Owner
- The person who signs up for the Service by opening an Account will be the contractual party ("Store Owner") for the purposes of our Terms of Service, and will be the person who is permitted to use any corresponding Account we may offer to the Store Owner in connection with the Service.
- You acknowledge that any Account's the Store Owner has given explicit Authorization Access to are responsible for the operation of your Ordy Store.
- You acknowledge Ordy does not fulfill orders to your customers. It is in Your sole discretion as to how to fulfill orders made with the Services.
- If you are registering for the Services on behalf of your employer, the Store Owner will be your employer. If you're signing up for the Services on behalf of your company, you must use an email address provided by your employer, and have the authority to bind your employer to our Terms of Service.
2. General Conditions
- Technical support in respect of the Services is only provided to Ordy Users.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, without regard to principles of conflicts of laws.
- You may not use the Ordy Services for any illegal or unauthorised purpose, nor may you violate any laws in your jurisdiction (including, but not limited to, copyright laws), the laws applicable to you in your customer's jurisdiction, or the laws of Canada or the Province of British Columbia in your use of the Service.
- You recognise and agree that Ordy may alter these Terms of Service at any time by posting the relevant updated and restated Terms of Service on Ordy's website, located at https://ordy.ca/terms, and that such amendments are effective as of the date of publication.
- You may not assign or otherwise transfer the Terms of Service, or any of your rights or responsibilities under them.
- You understand and agree that Ordy's privacy policy, which may be found at https://ordy.ca/privacy-policy, governs your use of the Services, including any information transmitted to or retained by Ordy.
- Questions about the Terms of Service should be sent to Ordy Support.
- If any provision, or portion of a provision, in these Terms of Service is found to be invalid, illegal, or unenforceable in any way, such invalidity, illegality, or unenforceability will have no effect on any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal, or unenforceable provision, or portion of the provision, had never been included within the Terms of Service.
Before you can become an Ordy User, you must read, agree to, and accept all of the terms and conditions contained in these Terms of Service and the Privacy Policy.
3. Rights
- We reserve the right to refuse service to anyone for any reason at any time.
- We reserve the right to modify or terminate the Services for any reason, without notice at any time.
- We reserve the right to provide our services to your competitors, and we make no guarantees of exclusivity in any market segment. You also understand and agree that Ordy employees and contractors may be Ordy customers/merchants and may compete with you, but they may not do so using your Confidential Information (as defined in Section 4).
- If we determine in our sole judgement that the goods or services sold via a Store, or the Materials uploaded or posted to a Store, violate these Terms of Service, we may delete Materials and suspend or terminate Accounts, but we are under no obligation to do so.
- Ordy does not pre-screen Materials, and we reserve the right to refuse or remove any Materials from the Service, including from your Store, at our sole discretion.
4. Confidentiality
- Any and all information associated with a party's business that is not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses, and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished information shall be considered confidential information.
- Each party agrees to only use the other's Confidential Information as required to carry out its obligations under these Terms of Service and any other obligations in these Terms of Service. Each party agrees to take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure, or use of any such Confidential Information, except I by or to its employees, agents, and subcontractors who need access to such Confidential Information to perform such party's obligations hereunder, who shall each treat such Confidential Information as provided to them. or (ii) as required by any law, regulation, or order of any court having proper jurisdiction over the parties and the subject matter of these Terms of Service, provided that, if legally permissible, the receiving party shall provide prompt written notice to the disclosing party and use commercially reasonable efforts to ensure that such disclosure is treated confidentially. Confidential Information shall not include any information that the receiving party can demonstrate: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure; (B) was independently developed by the receiving party without use of or reference to the other party's Confidential Information, and without breaching any provision of these Terms of Service; or (C) was independently developed by the receiving party without use of or reference to the other party's Confidential Information or (D) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.
5. Liability
- You understand and agree that Ordy will not be liable for 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.
- Ordy does not guarantee that the Services will be available at all times, or that they will be secure or error-free.
- You are solely responsible for your use of the Services. The Services are provided "as is" and "as available," with no express, implied, or statutory warranties or conditions.
6. Intellectual Property
- The Materials you upload to the Ordy Service are not protected by any intellectual property rights. You retain ownership of all materials you upload to your Ordy Store. You can delete your Ordy Store at any time by requesting deletion of the account. You can request deletion of your account by contacting Ordy Support.
- By uploading Materials, you agree to: (a) allow other internet users to view the Materials you post publicly to your Store; (b) allow Ordy to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that Ordy can review and delete all Materials submitted to its Service at any time.
- Ordy will have a non-exclusive right and licence to promote the Service using the names, trademarks, service marks, and logos associated with your Store.
7. Subscription Fees
- You will pay the Fees associated with your Online Service subscription ("Fees").
- Subscription fees are paid in advance and are billed every 30 days or yearly ("Billing Date"). On each Billing Date, you will be charged for any outstanding Fees that have not been paid previously.
- If we are unable to process payment of Fees we may suspend and revoke access to the Services.
- Ordy does not provide refunds.
8. Cancellation & Termination
- You may cancel your Account and terminate the Terms of Service at any time by contacting Ordy Support.
- Upon termination of the Services by either party for any reason:
- Any outstanding balance owed to Ordy for your use of the Services through the effective date of such termination will immediately become due and payable in full.
- Your Store and account access will be changed to a state that aligns with an unsubscribed account.
- Fraud: Without limiting any other remedies, Ordy may suspend or terminate your Account if we suspect that you have participated in fraudulent activity in connection with the use of the Services (through conviction, settlement, insurance or escrow inquiry, or otherwise).
9. Modifications
- Prices for using the Services are subject to change at anytime. An announcement may be posted on the Ordy Site (ordy.ca) or the Dashboard to convey such notice.
- Ordy reserves the right, with or without notice, to alter or discontinue the Services (or any portion thereof) at any time.
10. Feedback
- No requirement of confidentiality or expectation of compensation shall apply to any disclosure to Ordy of any idea, recommendation, or related material, or any review of the Services, Third Party Services, or any Third Party Provider (collectively, "Feedback"). You waive any and all rights in the Feedback by submitting it to Ordy (whether directly to Ordy or on any Ordy-hosted forum or page), and you agree that Ordy is free to implement and use the Feedback as provided by you or as modified by Ordy without obtaining permission or licence from you or any third party.