1. BACKGROUND AND PURPOSE
OrderX AS offers cashless handling of ordering and payment ("The Service") at festivals / venues / cafés / restaurants ("Merchants") under the brand names OrderX and appless.no. You establish an agreement either through using our web app or OrderX's own app. If you choose to create a profile, your preferred payment method, mobile phone number and your name will be stored. See our Privacy Policy for details. Your selected payment method will be charged when ordering products from one of our merchants. The service can be used with all approved OrderX merchants. To simplify future purchases, you can choose to store your credit card information with our trusted security certified payment partner. You will find an updated list of valid merchants in the app or online. https://appless.no. Your chosen payment method (e.g. Vipps, Apple Pay or Credit card) will be debited instantly when you place your purchase.
2. ESTABLISHMENT OF AGREEMENT
The Service can be used either through a web browser or our dedicated app. When completing a purchase, you are entering this agreement.
3. CHANGES
Change of mobile number or personal information must be made either in the APP or on the WEB. Other matters of importance to the agreement must be notified to OrderX AS immediately. Customer is responsible for transactions carried out until the agreement is terminated or modified via the APP or WEB.
4. PARTIES
All legally competent persons can subscribe to The Service from OrderX AS. OrderX AS conveys a service that allows you to carry out ordering and payment. Selling party to a purchase transaction you are conducting will be the actual OrderX Merchant you are buying from. For information about who is selling party, see the receipt of the relevant transaction. You can download receipts from within the Service. Our partner for payment services is Adyen, https://adyen.com, which is responsible for the safe storage of card information and carrying out payment transactions, information and credit management, and possibly billing service. The agreement stipulates that Adyen/Visa/Mastercard is confirming payment responsibility for the customer's credit card.
5. PRICES
You will be charged the actual defined commodity prices that the merchant has set. OrderX merchants are fully responsible for defining the prices of the goods sold. OrderX may also charge an end-user fee for the use of the The Service. If applicable for your order, this will be clearly stated in your shopping cart and receipt. All prices will be inclusive applicable VAT and will be charged in the local currency of the country you are in.
6. DELIVERY
Delivery of goods will normally happen within 30 minutes unless you have pre-ordered a product with a defined pickup time. The Seller of Goods can be delayed in the delivery within a reasonable time. If such delay exceeds a reasonable time and such is not due to the User or conditions on the part of the User, the User may request a refund directly from The Selling Party. Contact staff at the venue you are, or see receipt to see who The Seller of Goods is.
7. REFUND & CANCELLATION POLICY
Due to the perishable nature of the goods sold, the sale is exempt from regular cancellation right by law, if you for some reason still want to submit a request for a cancellation, please contact staff at current venue / The seller of Goods directly.(See receipt for legal party).
8. PAYMENT LIABILITY
Customer is responsible for payment of sales transaction, even in cases where we were not able to charge you instantly. This responsibility includes situations where someone else is using your agreement, including unauthorized use, unless it is likely that the unauthorized use was made possible through the theft of credit card or falsification of identity. The User is also responsible for incorrect orders. These include but are not limited to:
Orders sent from wrong table number or wrong restaurant
Incorrect orders (not what the User wanted to order)
Unintentional orders made as a result of unintentionally touching a device while the Service is active
You will continuously be able to see all your transactions in your profile page online or in app. If you think something is wrong with a transaction or your account, you need to notify OrderX or the merchant.
9. FEE FOR MISSING PAYMENTS
If our partners or OrderX are not able to capture the full amount of your purchases, an invoice will be in addition to an administration charge of NOK 65. Upon default of payment we will incur late charges by the prevailing rates. By reopening the agreement, which has been shut due to missing payments, the customer can be charged an opening fee of NOK 300.
10. TERMINATION / CLOSURE OF AGREEMENT DUE TO BREACH OF CONTRACT
OrderX AS and their Merchants may terminate the agreement with immediate effect by a material breach by the customer. If the customer does not pay by the due date specified in the payment notice, OrderX AS can terminate the service. OrderX AS may also terminate the service if the customer's credit card cannot be charged or if the customer is abusing the service.
11. LIABILITY AND FAULT SITUATIONS
The service can sometimes be dependent on network services being available when you want to execute a trade. The customer or the merchant must ensure either mobile coverage or coverage through a wireless network for the service to work. OrderX AS cannot be held responsible for the lack of network coverage. Should any other deviations occur, you must inform merchant's staff of this. This includes theft of mobile device when you are visiting merchant. You will be held responsible for purchase transactions until you have notified the merchant. Your bank is free to block future transactions as part of its security policy, should this occur is a matter between you and your bank. In some cases, you will then be able to remedy the situation by contacting your bank.
12. SECURITY
All communications related to handling of our order management is ensured through encryption. OrderX does not have access to your credit card information. This is stored safely with our Payment Partners, which is certified by VISA and MasterCard and has a license from The Financial Supervisory Authority. For your own safety we encourage you to always have the latest updates for your phone installed. We also encourage you to install antivirus and firewall software for added protection of your cell phone. You agree to use the "Lock screen" on your mobile device to prevent any unauthorized purchases on your behalf. You may also be prompted for your personal code for instance with Vipps or BankID, to carry out a purchase.
13. CONFIDENTIALITY, STORAGE AND USE OF PERSONAL INFORMATION
OrderX has a duty to maintain secrecy about the customer's use of the service. If the customer consents such information can yet be disclosed to other parties. When OrderX is legally obligated by court, prosecutors or other public authority, your customer info will be disclosed. The collected customer data may be distributed to merchants who use the service, for static purposes or to other third parties in non-identifiable, anonymous form. If there are important changes of our service offerings, we will contact you by SMS or email.
14. DISPUTES
Disputes between you and the merchant or OrderX shall be settled amicably. If it is not possible, either party may bring the dispute before the ordinary courts. Jurisdiction is Oslo District Court. Should a dispute/refund/charge-back request occur, related to a specific sales transaction carried out by one of our Merchants, this will be a matter between the two active parties in the transaction; you and the selling party (OrderX merchant). You can find what legal party you are purchasing from in The Service (receipt) and in Vipps/ your online bank. If a dispute cannot be solved between the active parties, OrderX will act as a mediator to solve the dispute.
15. DURATION
The agreement is valid from your first purchase, and will be renewed when you do a subsequent purchase. The agreement runs until the agreement is terminated in writing to OrderX AS or if more than 9 months has passed since your last purchase.
16. AMENDMENT OF CONTRACT PROVISIONS
Agreements and conditions may be amended or terminated as a result of public orders, regulations, or other circumstances OrderX cannot control. Changes in contract provisions will be notified and you can choose to let the service stop.
17. CONTACT DETAILS
OrderX AS can be contacted here: support@orderX.no or by phone +47 4161 9000