Social Media Ordering 

Terms and Conditions. Deliverect Account.

Thank you for engaging with Deliverect. We are a Belgian limited liability company (naamloze vennootschap), with registered office at Foreestelaan 82, Box 101, 9000 Ghent, Belgium, with enterprise number 0692.623.253 (register of legal entities Ghent) (“Deliverect”) - you can find more information about us at www.deliverect.com. Deliverect provides technology solutions and services to the hospitality industry, and the reason why you are engaging with us is because the merchant that you want to buy products from, is using “Deliverect Social Ordering”(“Deliverect Customer”). 

To move forward with the order that you want to place from the Deliverect Customer, we need you to review and accept these terms and conditions (“Terms”) - by ticking the box, or by any other means of acceptance made available by Deliverect - so that we can create a centralized account for you (“Deliverect Account”).  You must be 18 years or older to create an Deliverect Account.These Terms explain what the Deliverect Account is for, how we use the personal data that you disclose in the account creation process (“Your Data”), and other relevant legal provisions that are important for both you and Deliverect. If you have any questions about these Terms, please contact our Support team as stated on www.deliverect.com/en/contact-us. 

1. Purpose of the Deliverect Account. The purpose of the Deliverect Account is to simplify the process of ordering products from Deliverect Customers, in the sense that you only need to have one Deliverect Account, instead of having independent accounts with each Deliverect Customer. 

2. Your Credentials. To create your Deliverect Account you will be promoted to select a username (“Your Credentials”). Your Credentials are confidential and cannot be shared with third parties. You are required to immediately notify Deliverect by contacting our Support team as stated on www.deliverect.com/en/contact-us, If you suspect or confirm that the confidentiality of Your Credentials has been compromised. You are responsible for any activity occurring under your Deliverect Account with Your Credentials. 

3. Authentication. We will send you an SMS, to the phone number that you provided for the creation of the Deliverect Account, to authenticate your identity. Your Deliverect Account will not be created and/or activated until the authentication process has been successfully completed. Feel free to contact us if you did not receive the SMS with the authentication code. 

4. Your Data. 

1. Deliverect process Your Data for different purposes. For more information about how Your Data is processed please review our privacy notice available at  www.deliverect.com/en/social-media-ordering-privacy-notice (“Privacy Notice”). Please keep in mind that the Privacy Notice is also linked on the signup page along to the link for these Terms. 

2. You acknowledge that Deliverect will share your personal data with Deliverect Customer based on the contract between You and Deliverect Customer. Your Data would be processed by Deliverect Customer for CRM & loyalty, and marketing purposes. Within the scope of this processing activity, we process Your Data under the instructions of the Deliverect Customer as the processor of Deliverect Customer. Deliverect Customer is the sole responsible party  to take your consent as a controller, if required.

3. You represent and warrant that Your Data is accurate, complete and correct. You undertake the obligation to notify Deliverect by contacting our support team as stated on www.deliverect.com/en/contact-us if you realize that Your Data is incorrect, or if it changes after the creation of the Deliverect Account. 

4. You represent and warrant that Your Data belongs to you, and that you are not impersonating a third party in connection with the Deliverect Account. 

5. If you are creating the Deliverect Account on behalf of a third party, you represent and warrant that you have consent, or any other lawful legal basis to create the Deliverect Account on behalf of that person, and you will provide, with undue delay, any evidence requested by Deliverect to validate this point. 

5. Deletion of Deliverect Account. You can request the deletion of your Deliverect Account, at any time, by contacting our support team as stated on www.deliverect.com/en/contact-us. Deliverect reserves the right to request additional information to authenticate you before processing the account deletion request.

6. Data Sharing. By accepting these Terms you expressly authorize Deliverect to share Your Data with other Deliverect Customers, if and only when you place an order for products with those Deliverect Customers. You also provide your authorization (if applicable) for the additional processing activities set forth in the Privacy Notice. 

7. Nature of the relationship. The execution of these Terms creates a binding legal relationship between you and Deliverect, which is limited to the use of the Deliverect Account. For the sake of clarity, Deliverect is not a merchant of food, beverages, or products, or delivery services. Deliverect is also not a party to the agreement that you entered into with the Deliverect Customer to purchase products (and if applicable, delivery services) from them. 

8. Limitation of Liability. Deliverect shall not be liable towards you except in the event of direct damages caused by our gross negligence or willful misconduct or in any other case where it would be unlawful to exclude our liability. To the maximum extent permitted by applicable law, you acknowledge and agree that Deliverect will not be liable to you for any damages (direct, indirect, or consequential) that result from the acts or omissions of Deliverect Customers. Where permitted by the applicable law, Deliverect’s liability under these Terms shall be limited to €100, or its equivalent in local currency thereof. 

9. Term and Termination. These Terms are open-ended, which means that they will remain in force until terminated by you or Deliverect. Both parties have the right to terminate these Terms by providing written notice to the other. Deliverect reserves the right to terminate these Terms, and suspend access to the Deliverect Account, without notice, in case you breach any of your obligations under these Terms, or if there are security, administrative, regulatory, judicial, privacy, or legal reasons to do so. 

10. Cooperation. You shall provide Deliverect with all necessary cooperation and with access to all information as may be required by Deliverect for the performance of these Terms and for the operation of the Deliverect Account. 

11. Updates to the Terms. Deliverect reserves the right to modify and/or update these Terms for any reason, by providing you thirty (30) days’ prior written notice. Deliverect reserves the right to choose the channel through which notice shall be provided. Your continued use of the Deliverect Account upon expiration of the notice period shall constitute express acceptance of the new/updated terms. 

12. Intellectual Property. You acknowledge that any intellectual property associated with the Deliverect Account belongs to Deliverect, and that the execution of these Terms does not grant you with any rights over Deliverect’s intellectual property. 

13. Confidentiality. The parties agree that any confidential information disclosed between each other in the course of their relationship or the performance of these Terms, shall remain confidential and will not be used for the benefit of the recipient or any third parties. The foregoing prohibition on use and disclosure of confidential information will not apply to the extent: (i) the discloser has authorized, in writing, such use or disclosure and (ii) the recipient is required to disclose certain confidential information of the discloser as a matter of law or by order of a court, provided that the recipient gives the discloser prior written notice of such obligation to disclose (to the extent legally permissible) and reasonably assist in obtaining a protective order prior to making such disclosure. 

14. Representations and Warranties. Each party hereby represents and warrants that: (i) they have full power and authority to enter into these Terms and perform their obligations hereunder; (ii) They will comply with all applicable laws and regulations in its performance of these Terms (including without limitation all applicable data protection laws); and (iii) no consent, authorization or approval of or filing or registration with any governmental authority or any other entity is necessary in connection with the execution, delivery and performance of these Terms.

15. Disclaimer. You acknowledge and agree that Deliverect makes no other representations, and hereby expressly disclaims all other warranties, express or implied, statutory or otherwise, to the maximum extent permitted by applicable law, regarding the Deliverect Account, including any implied warranty of merchantability or fitness for a particular purpose, implied warranties arising from course of dealing or course of performance, performance, reliability, availability, accuracy or completeness. You acknowledge and agree that the Deliverect Account is provided “as is”. Deliverect does not warrant that the Deliverect Account shall be uninterrupted, error-free or that it shall meet your specific needs, nor that the Deliverect Account shall be free from viruses, harmful components, errors or defects (nor that the said shall be corrected), nor that the Deliverect Account  shall operate in combination with other services, hardware, software, system or data. Deliverect shall have no liability for the (in)correctness of any data provided to you under these Terms or for any malfunction of the Deliverect Account.

16. Governing Law and Jurisdiction. Your relationship with Deliverect, and these Terms, are governed, construed and interpreted in accordance with the laws of Belgium. Any dispute arising in connection with these Terms shall be brought exclusively before a court in Ghent, Belgium. 

17. Assignment. You may not assign these Terms to a third party without the written consent of Deliverect. Deliverect reserves the right to assign these Terms to a third party by providing you with written notice.  

Notices. Unless chosen otherwise, Deliverect will provide you with any required notices to the email address that is associated with the Deliverect Account. You can provide notices to Deliverect at legal@deliverect.com, or to the physical address set forth in the introductory paragraph of these Terms, if that is  required by law.