Terms and Conditions

OrderTayo and all its related websites and apps (collectively, the “Site”) are owned and operated by Optimum Innovatus, Corp. (referred to in these Terms of Service as “OrderTayo” or “we” and through similar words such as “us”, “our”, etc.). By accessing any part of the Site you signify that you have read, understood and agreed to comply with and be bound by the terms and conditions described below (“Terms of Service”). Your usage of this Site and related Services are governed by this Terms of Service. If you do not agree with these Terms of Service, please refrain from using the Site.

The “Services” we provide or give access consists of (a) the Site, (b) the services offered by the Site and by OrderTayo client software released publicly through the Site, and (c) any and all data, linked sites, information, text, images, pictures, graphics, messages, tags, programs, software, services and applications (particularly, without restriction, any smartphone app services), or other materials made accessible via the Site or its companion services ("Content"). These Terms of Service also apply to any new features that are added to or enhanced the Services.

The Site may be used by (i) individuals who are of legal age and (ii) corporate legal bodies, such as businesses. It is assumed that any user who uses the Services of this Site is of legal age and no further proof is required to prove the same. If you are not of legal age, you must discontinue using/gaining access to the Site right away and we do not grant you permission to use this Site.

OrderTayo has the right to update, amend, stop or discontinue all or any part of this Site or the Services at any given moment and the same shall be known to you, if required by law. OrderTayo may make certain of its Services or functionalities available in beta testing, which could result in functionality that differs from that of the finished version. In such cases, we disclaim all responsibility. At its sole discretion, without prior notice or responsibility, OrderTayo may also place restrictions on certain features or restrict your access to all or a portion of the Site or Services.

OrderTayo reserves the right to make any changes to these Terms of Service at any time. All modifications will immediately take effect once posted on the Site. Your continued use of the Site at any time after such modifications indicates your agreement to be bound by the amended Terms of Service.

DESCRIPTION OF SERVICE

Our Site provides a technology platform that connects you with local businesses (“Merchant”) from which you can buy or avail goods and/or services (“Order/Orders”), including food, cooked and uncooked meals and different non-food products (“Goods”) for delivery or self-pickup. Depending on the Merchant from whom you order Goods through the Site, self-pickup may be done in-store by you in person or by a third-party contractor or logistics provider (“Third Party Providers”) booked by you. Delivery services may be performed by a Merchant personnel or by a Third Party Provider booked by you. Whatever your choice of delivery, OrderTayo is in no way be liable for any and all delivery costs.

When you place an Order on the Site, you acknowledge that OrderTayo does not supervise or manage the performance of services provided by the Merchant and Third Party Providers, and that the Merchant and Third Party Providers are neither employed by, nor in any partnership or joint venture or agency relationship with OrderTayo. Their delivery services is separate from the Service we provide and we are not responsible on how they perform such.

When you use the Site to place an Order from a Merchant, OrderTayo acts as an order management system for the Merchant to accept and manage Order online. OrderTayo does not facilitate or process payments for Order and is not directly involved in transactions between users. You agree that any payment charged by the Merchant and that you make for your Order is paid to and processed by the Merchant you have selected, that the Merchant is the merchant of record, and that the Merchant is solely responsible for the fulfillment of your Order.

We reserve the right to refuse to provide the Site’s services to any person or organization for any reason and/or to discontinue any of our Service in whole or in part at any time, with or without prior notice, except Orders that are successfully completed.

USAGE AND RESTRICTIONS

To use the Site, you must create an account first. When you register, we will need your full name, a working email address, a cell phone number, and a special password (together referred to as "User's Data" in the coming sections). To meet our legal duties, we retain the right to ask you for additional details or proof. Depending on the payment method you choose, you might need to provide your credit card information in the process of placing an Order. You commit to never disclose your private password to anybody and to maintain its confidentiality at all times. Your password must be kept secret at all times. You agree that all Orders placed under your account are solely your responsibility and you must therefore exercise utmost diligence in safeguarding your account and your password.

OrderTayo disclaims all responsibility for Orders that are unsuccessfully delivered as a result of your missing, inaccurate, or insufficient information. For the Order to be processed correctly, you must submit information that is true, honest, and accurate, including your contact details and delivery address.

In agreement, you (a) only access and/or use the Services in a lawful way and for legitimate purposes at all times, as well as to behave in good faith in all activities related to the Services; and (b) to bear full responsibility for any information and data you publish, make available, or otherwise cause to appear on the Site in connection with the Services.

For restriction purposes, you agree NOT to:

1. use the Site or Services in a prohibited manner or violation of any legal regulations;

2. publish any content that is unlawful, violent, harassing, damaging, threatening, alarming, disturbing, tortuous, vulgar, libelous, obscene, invading another person's privacy, hateful, or objectionable due to race, ethnicity, or other factors is prohibited from being uploaded, posted, transmitted, or otherwise made available;

3. publish any material that infringes on another party's intellectual property, privacy, publicity, trade secret, or other rights;

4. attempt to interfere with, disrupt, or extort unauthorized access from other computer systems or networks linked to the Site or Services;

5. use the Services or post content in an unethical, dishonest, false, deceitful, or dishonest way; and

6. alter any Services’ pricing or the meddling with other Merchants’ listings.

ORDERS

When choosing a merchant, you will be directed to their menu page where you may choose and put your items in the cart.

OrderTayo and the Merchant will make a reasonable effort to follow your special instructions indicated in your Order. If an Order does not follow any special instructions that you have specified, neither OrderTayo nor the Merchant shall be obligated to replace or refund the Order, if such special instruction is not practical, doable, commercially reasonable or in keeping with the standand operating procedures.

For us to complete your Order, you might need to supply further information, including the delivery address. Before you click "PLACE ORDER," you must review and make sure that all of the information you have entered are true, correct, and full. This includes the quantities, delivery information, personal information, payment information, and voucher codes (if any). When you receive an email confirmation from us with your Order receipt, your Order has been successfully placed. Orders will, as necessary, include delivery charges and any necessary taxes (e.g. value-added tax, etc.).

REFUNDS

Only if a Merchant has not yet accepted your Order or unable to deliver the Goods within the agreed or reasonable time, do you have the right to a reimbursement for a canceled Order. After the Merchant has accepted your Order and you change your mind, you agree that no reimbursements (whether in whole or in part) will be given to you and that you will not receive the canceled Order's delivery, unless you pay for delivery charges or pick the Goods.

PURCHASE AND PAYMENT

OrderTayo accepts the following methods of payment:

1. Cash on Delivery (COD) - Upon receiving the ordered item, buyers have the option of paying the delivery person in cash directly.

2. GCash - This method will be handled by the third-party app GCash, and the handling may vary based on the GCash jurisdiction.

3. Credit Card - Card payments are conducted through third-party payment channels, and depending on the jurisdiction you are in, these payment channels may accept different types of credit cards.

To fulfill payment of an Order, you must make sure your credit and debit cards have enough money or credit limit on it. To the extent necessary and in line with these Terms of Service, OrderTayo does not assume responsibility for payments made on our Site, including refunds, chargebacks, cancellations, and dispute resolution.

At any time, OrderTayo maintains the right to add new payment options and/or drop current ones at its sole discretion. If you decide to pay online, our third-party payment service provider will handle processing the payment (s). Your credit card or other payment information will be saved with our third-party payment service provider(s) for use on subsequent orders with your permission. Your credit card number or other payment information are not saved in our Site or in OrdertTayo servers.

PROMOTIONS

OrderTayo occasionally runs marketing and advertising campaigns that include discounts, vouchers, and other promotional incentives that can be utilized only on the Site ("Coupons") or unless otherwise stated. Coupons are subject to availability, use limitations, limits, redemption periods, and validity periods. Coupons are non-transferrable, non-exchangeable, non-refundable, and cannot be exchanged for cash.

Any applicable terms and conditions of the Coupon may be removed, amended, or altered at any time and without previous notice by OrderTayo. Moreover, OrderTayo retains the right to cancel, stop, or refuse the usage of any Coupon with no previous warning.

DELIVERY

Your Order will be delivered by the Merchant or Third-party provider to the delivery address you specified. You can specify whether you want your order delivered at a specific time, if a Merchant specify delivery time. Otherwise, the standard delivery time of a Merchant shall prevail.

If, after receiving your Order, you find that there are problems with it (such as a mistaken order, a flawed order, or missing items), kindly get in touch with the Merchant through the Site's chat feature or directly to the Merchant through their given contact details. To fully evaluate the issue with your Order, the Merchant, directly or through the Site, may occasionally ask for photographic proof and/or further information.

Where possible, you will be given the choice between having the Order delivered to you or pick it up in person from the Merchant's location. The time for you to pick up the order will be specified in your email confirmation as you have indicated while placing the Order. If you do not pick up your order within the allotted time, the Merchant agrees to retain it for you at their location for no longer than a reasonable amount of time and is under no obligation to provide it to you.

COPYRIGHT

OrderTayo and OrderTayo.com trademark and website are owned and operated by Optimum Innovatus, Corp. and unless otherwise indicated, owns the Copyright in this Site and the materials included in it and we reserve all rights. You may copy or distribute the text materials contained in this Site but only for personal, non-commercial use, provided that you include the following copyright notice on all copies: " Optimum Innovatus, Corp. All rights reserved."

Certain third party copyright material may be included on the Site from time to time, and it is acknowledged as property/ies of their respective owner. None of the materials on this Site, unless otherwise permitted, may be modified, reproduced, distributed, uploaded, downloaded or republished in any form or medium, or made available on any network, without the express prior permission of OrderTayo by writing to [email protected] or the applicable copyright owner. You may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or in any way exploit any part of our Site, including computer programs and other coding. By using this Site, you recognize that Copyright materials are owned by their respective owners and you disclaim any ownership, right or claim over it.

TRADEMARKS

The OrderTayo name and logo and other logo of products owned/manufactured/ created by Optimum Innovatus, Corp. (“OrderTayo Trademarks”) are trademarks of Optimum Innovatus, Corp. You may not use OrderTayo Trademarks for any product or service that does not belong to us, or in any manner that is likely to cause confusion about whether we are the source, affiliated with, sponsor of or endorser of any product or service. In addition, you may not use OrderTayo Trademarks in any manner that disparages or discredits us.

You may, however, link to the home page of our Site as long as the link does not cast us in a false or misleading light. OrderTayo requires advance notice of such linking. You may not frame the content of our Site. You may not use metatags or any other "hidden text" that incorporates OrderTayo Trademarks or our name without our express written consent.

All the trademarks, product names, company names & logos appearing on this site other than Optimum Innovatus, Corp. and/or OrderTayo Trademarks are properties of their respective owners.

CONTENT OF THE WEBSITE

Whilst every effort is made to update the information provided on this Site on a regular basis, OrderTayo makes no representations or warranties, whether express, implied, in law, or in equity or otherwise, as to the accuracy, completeness, correctness or reliability of information contained on any of the pages comprising the Site and to that effect shall not in any manner be bound by or otherwise be held responsible for any inaccuracy, incompleteness, non-correctness or unreliability of information contained on the Site or any of the pages comprising the Site. OrderTayo reserves the right at any time to change or discontinue without notice, any aspect, feature or service offered by way of the Site. No opinions, information, advertisement, data or content contained on the Site shall be construed as legal or other professional advice and some are offered for information purposes only. OrderTayo gives no warranties and makes no representations as to the accuracy, completeness, correctness or reliability of any such opinions, information, advertisement, data or Content. OrderTayo, in its sole discretion, has the right to cancel, delete any suspicious advertisement or information posted in the Site by third parties. However, failure of OrderTayo to delete and cancel said advertisement shall not be construed as its direct or indirect approval or endorsement and in no way shall Optimum Innovatus, Corp. be liable for any damage it may cause to anyone relying on such advertisement or information.

Products posted by any Merchant shall not be construed as our direct or indirect endorsement of the Goods of the Merchant. It shall be the sole responsibility of the user to verify and validate the information, advertisement, data and content contained herein and any claims, injury, damages, or loss brought by such reliance shall be borne by the user alone.

VERIFICATION

You acknowledge and agree that OrderTayo shall be entitled to establish the authenticity of any communication transmitted to it by way of or otherwise through the Internet which purports to emanate from you. You agree that all instructions, consents, commitments, reservations and any other communications which purport to emanate from you and which are sent to OrderTayo by way of or otherwise through the Internet and which may (as a result of, inter alia, interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the details actually sent or given, or may not have been given by you at all, shall be deemed to have been given by you in the form and content actually received by OrderTayo and you will be bound by such details with no liability of whatever nature attaching to OrderTayo in connection thereto. You waive all and any rights you have or may have or otherwise obtain against OrderTayo.com arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that OrderTayo acts on your instructions or instructions purported to emanate from you. You hereby agree to indemnify OrderTayo against all and any claims, liabilities, losses, costs, fines, damage and expenses incurred (whether directly or indirectly), arising as a result of the fact that OrderTayo.com has acted on your instructions or instructions which purport to emanate from you. It shall be your sole responsibility to check and ensure that the instruction and information you sent is the same as the instruction and information that OrderTayo received.

PROHIBITED CONDUCT

You expressly agree to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:

1. Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or Service of the Site, or adversely affects OrderTayo’s computers, servers or databases.

2. Capture, download, save, upload, print or otherwise retain information and Content available on the Site other than what is expressly allowed by these Terms of Service.

3. Permit or provide others access to the Site using your user name and password or otherwise, or the name and password of another authorized user.

4. Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.

5. Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the Content available on the Site.

6. Transfer the Site Content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site Content; or “deep link” to the Site Content.

7. Violate or attempt to violate OrderTayo’s security mechanisms, access any data or server you are not authorized to access or otherwise breach the security of the Site or corrupt the Site in any way.

8. Engage in any other conduct which violates the Copyright Act, Data Privacy Act of 2012, Intellectual Property Laws or other related laws of the Philippines, United States of America and other countries and regions that have direct or indirect relevance on the printed materials contained herein.

9. Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other users of the Site or the Site itself.

10. Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or Content in violation of a third party’s intellectual property rights.

11. Misrepresent your identity or personal information when accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by OrderTayo.

12. Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.

13. Provide any commercial hosting service with access to the Site and/or the Content on the Site.

To ensure that all users of the Site, registered or otherwise, do not engage in Prohibited Conduct, OrderTayo reserves the right to monitor use of the Site and reserves the right to revoke or deny access to the Site at any time to any person or entity whose use of the site suggests Prohibited Conduct. Access of the Content or materials available at the Site beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the Site and will result in immediate revocation or denial of access to the SITE. The terms “normal patterns” and “abuse” shall be determined solely by OrderTayo without regard to any technical meaning whatsoever.

SYSTEM AVAILABILITY

OrderTayo will use reasonable endeavors to maintain full system availability subject to the Terms of Service contained hereto, except during system maintenance which we may conduct regularly without prior notice. Moreover, OrderTayo may make changes and/or improvements to the features, functionality or content of the Site at any time without notice, which may affect system availability.

To ensure that Users of the Site do not engage in Prohibited Conduct, ORDERTAYO.COM reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the site at any time to any person or entity whose use of the site suggests Prohibited Conduct. Access of the materials available at the site beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the site and will result in immediate revocation or denial of Access to the SITE. The terms “normal patterns” and “abuse” shall be determined solely by ORDERTAYO.COM without regard to any technical meaning whatsoever.

DISCLAIMER AND LIMITATION OF LIABILITY

Optimum Innovatus, Corp. and the hosts of this Site accept no responsibility for and exclude all liabilities in connection with browsing this Site, use of information on this Site and downloading any material from it including but not limited to any liability for errors, inaccuracies, omissions or misleading or defamatory statements. Information may be changed or updated without notice. Optimum Innovatus, Corp. may also make improvements and/or changes in the Goods and/or Services described in this Site at any time without notice.

ALTHOUGH ORDERTAYO.COM WILL REASONABLY ENDEAVOR TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.

ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE ARE FREE FROM SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. THIS SITE IS NOT GUARANTEED TO BE FREE FROM ANY SO-CALLED COMPUTER VIRUSES AND IT IS STRONGLY RECOMMENDED THAT YOU CHECK FOR SUCH VIRUSES BEFORE DOWNLOADING IT TO YOUR COMPUTER EQUIPMENT.

WE ARE NOT LIABLE FOR ANY DAMAGES, CLAIM, LOSS OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS OR OTHER INACCURACIES IN OUR SITE, NOR FOR ANY DAMAGES, CLAIM, LOSS OR INJURY THAT RESULTS FROM YOUR USE OF THIS SITE OR YOUR BREACH OF ANY PROVISION.

DISCLAIMER OF ENDORSEMENT

Reference within this Site to any specific commercial or non-commercial Goods, product, process, or service by trade name, trademark, manufacturer or otherwise does not constitute or imply an endorsement, recommendation, or favoring by OrderTayo. The views and opinions of the authors of Content published at OrderTayo does not necessarily state or reflect the opinion of OrderTayo.com or its owners, and cannot be used for advertising or service endorsement purposes.

References to services, places, websites, or products as “Featured by OrderTayo.com” are specific suggestions only and do not necessarily constitute or imply an endorsement. It is your responsibility to verify the veracity and the genuineness of the advertisement and information found in this Site.

DISCLAIMER FOR LINKS TO EXTERNAL, THIRD PARTY WEBSITES

Any links to third party websites are provided solely for the purpose of your convenience. Links made to other sites are made at your own risk and Optimum Innovatus, Corp. accepts no liability for any linked sites or their content. When you access another non-OrderTayo or non-Optimum Innovatus, Corp. website, even one that might contain the OrderTayo Trademarks, you acknowledge that it is independent from OrderTayo.com and Optimum Innovatus, Corp. has no control over the content of that website.

Any link from OrderTayo.com to an external website does not imply or mean that OrderTayo.com endorses or accepts any responsibility for the content or the use of such website. OrderTayo.com does not give any representation regarding the quality, safety, suitability, or reliability of any external websites or any of the content or materials contained in them. It is your responsibility to take necessary precautions, especially to ensure appropriate safety from viruses, worms, Trojan horses and other potentially destructive items.

When visiting external websites, you should review those websites' privacy policies and other terms of use to learn more about, what, why and how they collect and use any personally identifiable information.

SECURITY

This Site is viewed over a secured connection. Any information provided by you on the Site cannot be viewed by anyone else over the Internet. When you decide to make a purchase all information is 128bit encrypted according to the SSL (Secure Sockets Layer) technology. This technology automatically encrypts your information before it is sent to OrderTayo.com. It also encrypts any information OrderTayo.com returns to you. SSL is widely used and is trusted as providing the highest level of protection of data between you and OrderTayo.com server.

CONTACT US

Send an email to our customer care email at [email protected] if you'd like to get in touch with us about any inquiries or comments you might have.

RULE OF LAW

The laws of the Republic of the Philippines shall govern the interpretation and application of this Terms of Service. You agree to submit all disputes and claims arising out of or related to these Terms to the exclusive jurisdiction of the appropriate court in Pasig City, Philippines, to the exclusion of all other courts. Any dispute or claim arising out of or related to it shall be governed by and construed in accordance with the laws of the Republic of the Philippines.