Terms of use

THIS WEBSITE/APPLICATION IS GOVERNED BY THE FOLLOWING TERMS AND CONDITIONS. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING AND/OR REGISTERING FOR OUR SERVICES.

BY ACCESSING AND USING OUR SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND PROVISIONS OF THIS AGREEMENT. IN ADDITION, WHEN USING THESE PARTICULAR SERVICES, YOU SHALL BE SUBJECT TO ANY POSTED GUIDELINES OR RULES APPLICABLE TO SUCH SERVICES. ANY PARTICIPATION IN THIS SERVICE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THIS SERVICE.

1. Applicable to All Entities

    1.1. Website owner and administrator: GonnaOrder B.V.  based in the Netherlands at Eastonstraat 174, 1068 JE, Amsterdam, henceforth referred to for the purposes of brevity as “GonnaOrder”.
    1.2. Website Purpose: GonnaOrder provides a digital menu and ordering solution for registered Store Owners, enabling their customers to order and pay with the use of their smartphones. At the same time, it provides an individual with the opportunity to become a GonnaOrder partner (henceforth referred to as “Affiliates”).
    1.3. Validity of Terms: At its own discretion and without liability, GonnaOrder can terminate these Terms of Use and all services at any time and with immediate effect. However, GonnaOrder will announce such measures through a notification on the Website or to you. These terms and conditions shall supersede any previous terms or conditions.
    1.4. Amendments: GonnaOrder reserves the right to ask you to acknowledge an amended version of these Terms of Use.
    1.5. Personal Data collected and/or processed through this Website: Personal data will be collected and processed in connection with the Service in line with our Privacy Policy. Please read our Privacy Policy to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information.
    1.6. Intellectual Property: This Website and its original content, features, and functionality are owned by GonnaOrder and they are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
    1.7. Trademarks: Apart from the registered trademark of GonnaOrder, all other trademarks, and logos displayed on the Website are registered trademarks of third parties. No trademark or distinctive mark displayed on the Website can be used without the written permission of its owner or user.

2. Our Services

    2.1. By using our Website/Application, customers (simple users) can access directly the menu of a registered Store (restaurant, café-bar, self-service or takeaway, hotel), and order directly and without waiting by simply scanning a QR code with their smartphones.
    2.2. When entering our Website to register, you should notice the distinction between three (3) modes: a) the free trial, b) the typical business trial, and c) the enterprise (for chains) trial. All three (3) modes have some limitations depending on the number of the Stores (i.e. the number of brunches that a business has), the number of locations they can support (i.e. number of tables, number of hotel rooms, etc.), the number of menu viewings per month, and the number of digital orders per month. It is the Store Owners’ responsibility to choose the mode that better applies to their Stores.
    2.3. GonnaOrder, upon registration of a new Store, will provide the application based on the mode that you choose, and create a dedicated website for each registered Store.
    2.4. The registered Stores may use our platform either for menu management services, and/or for accepting digital orders, and/or for accepting digital payments.
    2.5. GonnaOrder itself does not provide any food or drink or run any of the registered Stores.
    2.6. Customers (simple users) are not obliged to use the platform.
    2.7. All services provided to customers by the registered Stores are not a part of these Terms of Use. Therefore, GonnaOrder is not responsible for the quality of the services provided to customers by the registered Stores.
    2.8. This service is provided by GonnaOrder to customers (simple users) free of charge. Therefore, GonnaOrder is not responsible for the terms of payment, or additional requirements provided by the Store Owners.
    2.9. For digital payments performed by the platform, we do not collect or store any credit card details. We use various payment providers, who are solely responsible for all the security issues relating to the processing of credit card details. See the supported payment providers.
    3.0. A fixed payment gateway fee may apply to each online transaction, depending on the business’s country.

3. User Accounts for Affiliates and Store Owners

    3.1. Affiliates and Store Owners may create their own user account upon registration to our platform (https://admin.gonnaorder.com/register). You must be at least 18 years of age to use the Service or Application and create a user account.
    3.2. You guarantee that the information you provide to GonnaOrder is correct, complete, and up to date. Additionally, you undertake the responsibility to keep your user information up-to-date, accurate and complete at all times. GonnaOrder will not be able to proceed with any of its obligations if your data are outdated, incorrect or incomplete.
    3.3. You are responsible for all the activity on your user account and you are obliged to keep your username and password secure and secret at all times.
    3.4. You will not permit or enable third parties to use your account.
    3.5. GonnaOrder is entitled to verify the information you have provided at any time and to refuse to allow you to use the Application without the provision of a reason.
    3.6. You may delete your account manually. Upon the account’s deletion, GonnaOrder will delete all your data.
    3.7. GonnaOrder reserves its right to delete your account at any time.

4. Use of our Platform

    4.1. You will comply with all relevant legislation, and you will use the Website/Application only for legal purposes.
    4.2. You will not use the Website/Application to cause annoyance, disruption, or inconvenience.
    4.3. You will not attempt to harm in any way the Website/Application.
    4.4. You will use authorized devices, compatible hardware, updated software, and secure network connections.

5. Applicable Only to Affiliates

    5.1. You are entitled to a given set of vouchers. Each voucher value is split between a one-time subscription discount to the business for the first year and a one-time commission to yourself.
    5.2. Every voucher has a value equal to the displayed percentage of each subscription value (i.e. 50% of 99.90 EUR or 99.90 USD)
    5.3. You can use your vouchers more than once.
    5.4. You are entitled to the commission of each used voucher only if the registered business does not ask for the money back within 15 days from the day of the subscription payment. Only then is the sale considered successful.
    5.5. When you need to provide your payment details to GonnaOrder you can choose between bank account details, PayPal account or other payment details depending on the options provided for your country in the GonnaOrder portal. GonnaOrder will cover the payment transaction fees for at least one of the available payment options supported in each country.
    5.6. You will receive a payment monthly. You do not need to request a payment. In order to receive a payment, you should have a payment due balance of 60 EUR or 60 USD.

6. License and Restrictions

    6.1. Provided that you comply with these Terms of Use, GonnaOrder grants you a limited, non-exclusive, revocable, and non-transferable license that cannot be sub-licensed, in order to access our Website/Application and use our Platform.
    6.2. All rights of the Website/Service are and will remain the property of GonnaOrder.
    6.3. The Website/Application can be made accessible or used in connection with third-party services and/or content. GonnaOrder cannot be held responsible or liable for any goods, services, or content of third parties.

7. Liability

    7.1. You undertake to indemnify GonnaOrder against all claims, costs, damage, losses, and liability claims (including legal fees and expenses) resulting from or in connection with a violation of any provision of these Terms of Use, statutory provisions or third-party rights by you, or from or in connection with your use of the Service.

8. Applicable Law

    8.1. These Terms of Use are subject to Dutch law. The place of exclusive jurisdiction for all disputes arising from or in connection with these Terms of Use is the Netherlands.