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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.
Privacy Policy
OrderTayo and all its related websites (the "Site") are owned and operated by Optimum Innovatus, Corp. (“OrderTayo” or “we” and through similar words such as “us”, “our”, etc.).
This Privacy Policy discloses the privacy practices of OrderTayo and governs your use of our Site. By using this Site, you consent to our Privacy Policy set out below. This Privacy Policy applies to all users, who have registered accounts in OrderTayo (“Registered User”) or those who are simply viewing public content available on any part of the Site (“Site Visitors”).
We may, at our sole discretion, update this Privacy Policy at any time. All changes will immediately take place once posted on the Site. If we make any significant changes, we will notify you by posting an announcement on the Site or sending you an email. Your continued use of the Site at any time after such modifications indicates your agreement to be bound by the updated policy. If you disagree with the changes, you may simply close your account by sending us an email at [email protected] and we shall then terminate your account. This Privacy Policy was last updated as of March 1, 2023.
SITE AND SERVICES
The OrderTayo Site allows people to create an OrderTayo account and connect with local businesses from which they can place and order (“Order”) for goods including food and non-food products (“Goods”) for delivery or self-pickup (“Services”). The Site also allows local businesses (“Merchants”) to register for an OrderTayo account, create a Merchant page on the Site, and accept and manage orders online.
DATA WE COLLECT
Personal Data
"Personal Data" or "personal data" refers to information, whether true or false, concerning a person who can be recognized from that information alone or when combined with additional data to which a company has access or is reasonably likely to have access. Names, ID numbers, and contact information are typical instances of personal data. You as a user can decide what details you want to disclose to us. However, keep in mind that you must agree to our terms of service in order to register on our Site. We may or will gather your name, email address, mobile or telephone number, location or address, password and other pertinent data to be able to use the Services.
USERS
Merchant
When you register an account with us and become a Registered User, we collect your name, company or business name, location (limited to the Philippines), and email address and require you to create a password (“Merchant’s Data”). We use this data to identify and administer your account. We need your email address in order to send you updates and notifications about your account, the Site, and our services.
As a Registered User, if you want to use the Services of this Site, you will be asked to fill out your public business information page (your “Store Page”) with your address, telephone number, company or business logo, and other information about you and your business. Any information that you voluntarily disclose in your Store Page and other public pages, such as product pages in the Site Directories, become publicly available on the Site and therefore available and accessible to any internet user. You should exercise caution when disclosing any personal or proprietary information in these and any other public venues. Disclosing these information shall mean you allow us to process this for purposes mentioned in this Privacy Policy and perform the Services by which this Site was created. All information gathered from you shall be collectively called the “Merchant Information”.
Buyer
When you register an account with us and become a Registered User, we will collect your first name, last name, email address, mobile number and location (limited to Philippines) and require you to create a password (Buyer’s Data). The Buyer’s Data will be used to process transaction status or Order placed on the Site and send important notifications and updates on your account, the Site and our Services.
When you place an Order on the Site, we forward the Buyer’s Data to the Merchant so the Merchant can process your Order, notify you of your Order status, and send you important updates about your Order. You also voluntarily agree to provide us Payment Information, such as eWallet details, credit card details and billing information (“Payment Information”). The Payment Information collected will be shared/directly sent to our 3rd party PCI-compliant payment processor. We do not store any of the credit card or payment information that you provide to these payment processors. OrderTayo does not facilitate or process payments for Order and is not directly involved in transactions between Buyer and Payment Processor. We do not have access to any credit card or payment information that you provide to payment processors used by the Merchant.
All information gathered from you shall be collectively called the “Buyer Information”.
The Merchant you ordered may collect additional information from you via the Private Messaging System in the Site. This additional information is stored securely in our servers but is owned, managed, used, disclosed, and protected by the Merchants who collect them according to their own privacy policies and is not subject to this Privacy Policy. We disclaim any responsibility on information or Personal Data you may provide to the Merchant in relation to your Order. OrderTayo does not control or manage this information, and we use it only to the extent permitted in our agreement with the Merchant in order to provide necessary Site services such as generation of Private Message records to be utilized by the Merchant to process your order. You should exercise caution when disclosing any Personal Data or proprietary information directly to the Merchant in this Site or any other venue. It is assumed that any Personal Data or proprietary information, including Buyer Information, you disclose in this Site were willingly and voluntarily made and have calculated the risk associated with such disclosure.
Site Visitors
When you use our Contact form to send us a message, we will collect your name and email address in order to address your concerns.
All information gathered from the merchants, buyers and site visitors shall be collectively called User Information.
We may use your User Information to help service your account better, including but not limited to resolving disputes, investigating problems, and enforcing agreements with us.
We may also generate online or printed reports based on User Information for the purpose of analysis, marketing, advertisement, or order status monitoring.
USE OF COLLECTED PERSONAL DATA
We may gather, use, disclose, and/or process your personal data for any of the following purposes (“Purposes”):
1. (a) to take into account and/or process your transaction with us, as well as your transactions or communications with third parties in relation to Services provided by this Site;
2. (b) make, manage, and update your account;
3. (c) verify your gender and age (if applicable);
4. (d) confirm your order and pay for Goods;
5. (e) allow communication among our users;
6. (f) send invites to take part in our surveys and studies;
7. (g) send you marketing materials about personalized products or services.
If you login to OrderTayo or share content from the Site using a third party service like Google, Yahoo, or social media sites like Facebook and Twitter, we will receive information about you from the third party service such as your name and email address. The information we will receive will depend on their policies and your own account settings with the third party service.
We will also collect information about your computer and activities on the site such as your IP address, location (limited to country and time zone), the type of device you use to access the Site, your browser information, pages you view, your referral sources, and information from “cookies” and similar technologies. We use this information to diagnose problems and secure our servers, to administer the proper functioning of our Site and services, to analyze traffic patterns, to know how, where and when you use our Site and Services, and operate and improve our Site and Services. The information we receive via cookies and similar technologies allow us to gather broad demographic information about our user base but do not contain any identifiable information.
We may use all information gathered from Users, except information transmitted between Merchants and Buyers via the Site’s Private Message System, to improve our marketing and promotional efforts, to analyze usage and improve our Site, its contents and ads, and our services to serve you better.
Sending of Emails
If you are a Registered User of OrderTayo, we may use your information to send you email notifications about your account, important updates about the Site and our Services, information and content that we think may be of interest to you, or marketing communications relating to our services.
If you no longer wish to receive such communications, you may turn them off in your account settings or email us a request at [email protected]. Please note that you may not opt out of receiving emails containing required legal notices and other important information regarding your rights and responsibilities with respect to the Site and our Services.
DISCLOSURE OF DATA
If you use the Site or create an account on behalf of another person or organization (such as your business partner/s or employer) we may disclose your information to that authorizing person or organization. OrderTayo does not control or manage the use of your Information by the authorizing person or organization, which is not subject to this Privacy Policy. If you do not wish for your Information to be disclosed to the authorizing person or organization, you may not use the Site and its Services.
When you place an Order on the Site, we may disclose some of the Buyer Information to the Merchant in order to process your order and for coordination purposes. As part of our Terms of Use, our Merchants agree not to abuse Buyer Information. However, these Merchants are not our employees or consultants and that we are not party to any transaction between the Buyer and Merchant. As a result, we cannot control the Merchant’s actions and cannot be held liable for any actions that they may take.
We may also disclose some of the User Information to 3rd party service providers that help us analyze website statistics in order to improve the operation and marketing of the Site and its services. We may share aggregate statistics about our Site users, traffic patterns, demographics, and other Site information to Merchants and third parties, but these statistics do not include personally identifying information. For example, we will not tell Merchants or our business partners that you viewed a particular Product, but we may disclose the total number of people who viewed that Product, and your Information may be used to include you in that number. We may also disclose User Information for legal counsel or consulting purposes. We require our Merchants to agree to use Buyer’s Information only for the purpose for which it is provided to them and to adhere to this Privacy Policy.
If OrderTayo is involved in the sale or transfer of some or all of its business, the actual or potential acquiring entity would receive all Information gathered by us on the Site and our Services. In this event, we will notify you via email and/or by posting a prominent announcement on the Site of transfer of User Information and the choices you may have regarding your information.
We reserve the right to disclose User Information to authorities where we have reason to believe that such disclosure is necessary to identify, contact or bring legal action against someone who may be infringing or threatening to infringe, or who may otherwise be causing injury to or interference with, the title, rights, interests or property of OrderTayo, our users, customers, partners, other web site users or anyone else who could be harmed by such activities; or in response to a subpoena or other judicial order or if we reasonably believe that such a disclosure is required by law regulation or administrative order of any court, government or regulatory authority; if any user of our Site is in breach of our terms or conditions of use or any agreement with OrderTayo, we reserve the right to make public or otherwise disclose such User Information in order to pursue our claim or prevent further injury to OrderTayo.
TRANSFER OF INFORMATION
Our Site is concurrently hosted by Amazon Web Services, owned and operated by Amazon and backed-up in our US Servers. All transfer of files between this Site and your browser is encrypted and delivered over https. We have security measures in place to protect the loss, misuse, and alteration of the information under our control. However, no measures are guaranteed to be 100% secure. You should take steps to protect against unauthorized access to your device and account. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity or other irresponsible act.
To facilitate our operations, we transfer information within the country or in any other countries as necessary to facilitate our Services or at the discretion of OrderTayo. You consent to transfer your Data to Amazon Web Servers and our US Servers.
By using our Site, you acknowledge that any Information about you, regardless of whether provided by you or obtained from a third party, is being provided to OrderTayo and will be hosted on our US servers and/or Amazon Web Services, and you authorize OrderTayo to transfer, store, host and process your information to and in the U.S. and in other countries, as required, at the discretion of OrderTayo.
PROTECTION OF PERSONAL DATA
We will take reasonable legal, organizational, and technical safeguards to protect your Personal Data. However, please keep in mind that we cannot guarantee the safety and security of your information with the use of internet technology. Nevertheless, we will put our best effort to safeguard your Personal Data. As a result, any transmission is done entirely at your own risk.
RETENTION OF PERSONAL DATA
We will retain your Personal Data only for as long as it is required to fulfill the Purposes outlined in this Privacy Policy, or until a longer preservation time is considered necessary or required by law. When your Personal Data is unnecessary anymore for the Purposes, or no longer have a legitimate or business motives to preserve it, in accordance with applicable laws, we may take steps to remove, destroy, encrypt, or block access to or use of such Personal Data for any intent apart from adherence with this Privacy Policy or for safety, security, fraud prevention, and detection.
RIGHTS ON YOUR INFORMATION / PERSONAL DATA
Access: You can request Information we hold about you and request a copy of such Information by emailing [email protected].
Rectification: If you believe that any User information we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data by emailing [email protected]. You can also correct or update some of this Information directly by editing or updating your Information or your Profile on the Site.
Erasure: You can request that we erase some or all of your User information from our systems by emailing [email protected]. Please note that if you request to remove information that is required to use the Site or any of our Services, you may lose access to the Site or the Service.
Withdrawal of Consent: If we are processing your User Information based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your User Information, if such use or disclosure is necessary to enable you to utilize some or all of our Site services. We shall not be liable for any valid usage, based in this Privacy Policy, of your User Information prior Withdrawal of Consent.
Objection: You can contact us to let us know that you object to the further use or disclosure of your User Information for certain purposes, such as for direct marketing purposes.
Restriction of Processing: You can ask us to restrict further processing of your User information.
AMENDMENTS
OrderTayo reserves the right to change, update, or amend the terms of this Privacy Policy at any time. Once put on the site, all changes are immediately effective. After such adjustments, if you continue to use the Site, it means you agree to be governed by the updated Terms of Service.
CONTACT
Should you have any concerns regarding this Privacy Policy, you may reach us here:
Optimum Innovatus, Corp.
Email Address: [email protected]
Physical Address: 2508 Orient Square Bldg. F. Ortigas, Jr. Road, Ortigas Center, Pasig City, Philippines
Server Address: Amazon Web Services, Inc., 410 Terry Avenue North, Seattle, WA 98109-5210
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