ORRKUMerchant

Revised: Jan 1, 2024

Please read the Terms of Use carefully before you start to use our website (the “Website”). 

Orrku is an online marketplace connecting local businesses with their customers. They offer deals and discounts to the Users.

This Agreement is entered between Orrku, a Limited Liability company under the Companies Act,   and having its registered office at _Huntington Place, Lawton Drive, Huntington beach, CA 92646, through its website www.orrku.com and ‘You’ as a Vendor on the website. For purposes of ease of understanding, terms such as “You” and “Vendor” or “Merchant” shall be used to refer to the customer and terms such as “We”, “Orrku” or “Our” shall be used in reference to the Platform and/or the Company. 

NOW THEREFORE, in considerations of the promises and mutual covenants set forth herein, the Parties hereto, intending to be legally bound, hereby agree as follows:

Consent

By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website. In addition to the Terms of Use, the Privacy Policy applies to the Company’s processing of your personal information and our General Terms and Conditions of Sale applies to your purchase products and/or services through the Website. If you are an existing user with an Account and do not agree to these Terms of Use and wish to remove your Account from the website, please submit a request to us for the removal of your Account.

You represent and warrant that you are over the age of majority in the country of your residence (e.g. 18 in the United States) and possess the legal right and authority to agree to these Terms of Use on your behalf. If you are accessing the Website on behalf of your employer, then these Terms of Use shall be binding upon you and your employer, and, in such event, you further represent and warrant that you possess the legal right and ability to agree to these Terms of Use on your behalf and on behalf of your employer.

Exclusion of Warranty

We have compiled the content of this Website carefully and in accordance with our current state of knowledge. The information presented on or through the Website is made available solely for general information purposes. We give no warranty, either expressly or tacitly, for the completeness or correctness of the details provided on this Website. Please be aware that the details we provide may no longer be up to date. Access to and use of this Website and of any associated sites or sites connected via links take place at your own risk.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion, without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including those users with Accounts.

Account Management

To access certain capabilities of the Website, including creating an Account, you will be asked to provide certain registration details or other information. You represent that all such information provided to us through the Website or otherwise is accurate and that you are the individual identified in such information. In the event any such information changes after it is provided, you agree to promptly update your Account. You agree (a) to maintain the confidentiality of your username and password, and (b) that you are fully responsible for any and all activities that occur under your username. You further agree to immediately notify us of any unauthorized use of your password or Account or any other breach of security. Without limiting any other provisions of these Terms of Use, we will not be liable for any loss or damage arising from your failure to comply herewith, and you agree that we will not be liable for any loss that you may incur as a result of someone else using your username, either with or without your knowledge. You agree not to use anyone else's username at any time.

User Submissions

The Website contains interactive features that allow users to post, submit or transmit content or materials (collectively, “User Submissions”) on or through the Website.

Any User Submissions you post to the site will be considered non-confidential. You grant to us, our licensees and assigns, an irrevocable, perpetual, non-exclusive and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of your User Submissions and your name, image, and likeness or other information in any and all media, whether now known or hereinafter created, throughout the world and for any business purpose, and you waive, to the furthest extent possible, any moral rights and/or its legal enforceability with respect to any submitted material.

In addition to other things, the rights granted to us include, but are not limited to, the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted User Submissions, including but not limited to creating derivative materials. You acknowledge and agree that the Company shall own any derivative materials created using your User Submissions and no rights thereon shall be retain by or granted to you. You also acknowledge and agree that we shall have no obligation to use, post, display or otherwise make publicly available any User Submissions submitted by you. You consent to allowing us to display your User Submissions on any of our Websites and/or social media pages for promotional marketing purposes. You consent to being contacted by us or one of its representatives for follow-up marketing activities related to this Website or our business.

You agree that you will not submit any content:

        •    That is known by you to be false, inaccurate or misleading;

        •    That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

        •    That violates any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, anti-discrimination or false advertising);

        •    That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;

        •    For which you were compensated or granted any consideration by any third party;

        •    That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;

        •    That contains any computer viruses, worms or other potentially damaging computer programs or files.

We have the right to:

        •    Refuse to accept or use any User Submission for any or no reason in our sole discretion.

        •    Take any action with respect to any User Submission that we deem necessary or appropriate in our sole discretion, including if we believe that such User Submission violates these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for us, our affiliates or licensors.

        •    Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

        •    Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. We do not undertake to review any User Submission before it is posted on the Website and therefore cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or non-performance of the activities described in this section.

SCOPE OF SERVICES

1. Orrku will enable the Client to access the market place of its website and/or mobile applications as per the terms of this Agreement.
2. The Vendor can list their promotions on the website and/or mobile applications of Orrku.
3. The Vendor will get cost-free promotion of up to 5 deals every month from the Effective joining Date. The Vendor can select the upgraded plan anytime as needed. 

YOUR CONDUCT

1. As a Vendor, you must list product(s)/service(s) for sale on the Platform in compliance with the policies referenced in the Terms of Use by way of reference.
2. You must be legally able to list your store on our Platform, and you must have all necessary permits, the essential licenses and approvals for such an offering.
3. Third-party publicity or privacy rights are protected.
4. The Vendor must, for the purposes of being granted access to the Platform and services offered thereunder, uphold and abide by the following:
5. The Vendor shall not:
   1. Engage in any action that collects the confidential information of other Vendor(s) or User(s), including but not limited to their password, login details, editing history, and other account details, in any way that is illegal;
   2. Engage in any form of activity on the Platform without the consent or knowledge of another User/Vendor; 
   3. Publish or conduct business in a way that is illegal, harassing, blasphemous, obscene, defamatory, libellous, hateful, promote illegal activities such as gambling, pornography, money laundering, or any other acts, material, or images deemed unlawful by the law of the land;
   4. Engage in activities that infringe on the privacy of User(s), Company, Platform, and any other individuals so associated, representatives, agents, and even employees without their explicit consent; 
   5. Engage in any activity that causes unsolicited emails, messages, calls, and even posts to be sent to other User(s), Company, Platform, and any other individuals so associated, representatives, agents, and even employees; 
   6. Engage in any activity that causes unsolicited emails, messages, calls, and exceed the scope of authorized access to the Platform in manner so deemed unlawful and/or inappropriate by the law of the land;
   7. Partake in the filing of information solely for fraudulent or misinformative purposes which are against the law of the land;
   8. Partake in any actions that threaten the unity, integrity, defense, security or sovereignty of their home country, friendly relations with foreign states or public order or causes of incitement to the commission of any cognizable offence or prevents investigation of any offence from happening or insulting to any other nation;
   9. The Vendor(s) shall be deemed to conducting themselves in an unlawful manner should they:
      1. Gain access to the Platform and any of the plans despite failing to properly fill out the account details; 
      2. Harass the Platform or Company and any other individuals associated, representatives, agents, or even employees of the same in any way by using the contact details provided;
      3. Participate in the commercial sale of Pictures published on the Platform without the permission of the User who created them;
      4. Partake in any action that is held to be against the Information Technology Act,2000 and the rules thereunder, the Consumer Protection Act, 2020 and the rules thereunder.

REPRESENTATIONS AND WARRANTIES

The Vendor warrants and represents that:

1. It has full right and authority to enter into this Agreement with Orrku and the Agreement so executed, is binding in nature.
2. All the obligations are legal, valid and enforceable against the Vendor.
3. It is an authorized Vendor and hold all the requisite permissions, authorities, approvals and sanctions to conduct its business and to enter into present agreement with Orrku.
4. It is registered under all applicable laws.
5. It acknowledges that Orrku will be simply be a silent party and the Vendor will have to deal directly with the customers

COUPON MERCHANTS

These Coupon Merchant Upload Terms and Conditions (hereinafter referred to as the "Agreement") are entered into between you ("Merchant") and Orrku, a platform provided by [Your Company Name] ("Orrku") for the purpose of allowing Merchants to upload and display coupons on the Orrku.com platform. By using Orrku's platform to upload coupons, you agree to be bound by the terms and conditions outlined in this Agreement.

1. Coupon Upload Responsibility

1.1. Orrku is a platform that allows Merchants to upload and display their own coupons on Orrku.com. Orrku does not create, endorse, or take responsibility for the coupons uploaded by Merchants.

1.2. Merchants are solely responsible for the accuracy, legality, and validity of the coupons they upload. This includes ensuring that the coupons comply with all applicable laws and regulations.

2. Third-Party Coupons

2.1. Merchants may upload coupons that have been created by third parties, provided they have the necessary rights and permissions to do so.

2.2. Merchants are responsible for ensuring that any third-party coupons uploaded are used in accordance with the terms and conditions set by the respective third-party creators.

3. Intellectual Property

3.1. By uploading coupons to Orrku.com, Merchants represent and warrant that they have the legal right to use any intellectual property, including but not limited to logos, images, and text, included in their coupons.

3.2. Orrku does not claim ownership of any content uploaded by Merchants, but by uploading content to Orrku.com, Merchants grant Orrku a non-exclusive, worldwide, royalty-free license to use, display, and distribute the content for the purpose of operating the Orrku platform.

4. Coupon Removal

4.1. Orrku reserves the right to remove any coupons from its platform at its sole discretion, without prior notice, if it believes that the coupons violate these terms and conditions, are fraudulent, or for any other reason.

PAYMENT PLAN

1. Subscription Plans

1.1. Orrku offers two subscription payment plans for Merchants: monthly and yearly.

1.2. The subscription plans allow the Merchant to upload and display up to five (5) coupons on Orrku.com during the subscription period.

1.3. The Merchant may choose either the monthly or yearly plan, as specified in the subscription.

2. Payment Terms

2.1. The Merchant agrees to pay Orrku the subscription fee associated with their chosen plan, as detailed on Orrku's website or as agreed upon separately between the parties.

2.2. Payment for the subscription plan is due in advance, on a monthly or yearly basis, as specified in the subscription.

2.3. Payment can be made by the following methods: [Specify accepted payment methods, e.g., credit card, bank transfer, Zelle].

3. Subscription Renewal

3.1. For monthly plans, the subscription will automatically renew on a monthly basis unless the Merchant cancels their subscription.

3.2. For yearly plans, the subscription will automatically renew on a yearly basis unless the Merchant cancels their subscription.

4. Cancellation and Refunds

4.1. The Merchant may cancel their subscription at any time. To cancel, the Merchant must provide written notice to Orrku at least [Specify notice period, e.g., 7 days] before the next billing cycle.

4.2. Orrku does not provide refunds for subscription fees already paid. Cancellation will prevent automatic renewal for the subsequent billing cycle.

5. Price Changes

5.1. Orrku reserves the right to change the subscription fees for its plans upon notice to the Merchant. Such notice may be provided by email or through Orrku's website.

5.2. Price changes will take effect at the beginning of the next billing cycle following the notice.

6. Taxes

6.1. The Merchant is responsible for any applicable taxes, including sales tax or value-added tax (VAT), associated with their subscription and payments to Orrku.

7. Suspension of Services

7.1. Orrku reserves the right to suspend the Merchant's access to its services for non-payment or violation of this Agreement.

SUBSCRIPTION

1. Scope and use of the subscription

The subscription grants the Customer (being the legal entity that has taken out the subscription) the right to use Orrku’s system and services (“the Services”). The subscription may not be used by other people or organizations.

2. Acceptance of the subscription

The subscription terms for the Services are accepted by the vendor by creating an account on Orrku and accepting Terms & Conditions online.

3. Limited Fixed Subscription Value-plan $49.99/month for life

First 100 Merchants registering for this plan gets the following benefits for the life:

• $49.99/month Fixed cost for life of the business.
• Retain 100% revenue from all sales.
• No contract to sign, close account anytime.
• $50 referral credit per merchant = 1-month Free Value Plan.

Terms & Conditions

• Must actively promote 1-5 deals every month.
• Must re-activate deals every month as deals expire every month (we are subscription-based platform)
• The Account must be in good standing.
• The account will be deactivated if there are no promotions shown for 3 months.
• Merchant can join back under new price and will lose the above benefit.

4. 6-Months Value-Plan trial offer

New accounts will get the following special introductory offer” to try our platform.

• 6-month Basic or Valu-plan free trial.
• $50 referral credit per merchant = 1 month Free Value Plan.
• Free automated marketing tool Geofencing ($500-$3000/month savings).
• Push-notification of new deals.
• No contract to sign, cancel anytime.
• No Payment information required during the trial.

Terms & Conditions

• Prices shown reflect price per store location.
• Merchant can switch to BASIC PLAN before the 6-month free trial ends.
• Merchants can continue with the value-plan after trial ends.
• Referral credits can only be applied towards Annual Value and Premium subscription plan cycle.
• No Credit card information (payment details) required during free trial.
• Credit card information required to continue after the trial ends. 

5. Price and payment terms

- Subscription Price shown for Value-plan reflects price per store location

- Merchant can cancel any time 

- Referral credits can only be applied towards Annual Value subscription plan cycle

- No Credit card information (payment details) required during free trial

- Credit card information required to continue after the trial ends

6.Money-back guarantee

All Active merchants gets the following money-back guarantee.

• No upfront marketing fee for promoting real-time deals
• No commissions from sale of any deal
• Retain 100% revenue from all sales (ROI)
• Customer will always pay you directly.

7. Payment Policy

Subscriptions purchased are billed either monthly or annually. Your selected payment method will be charged automatically on a recurring monthly or annual basis. Your subscription will be renewed automatically, and you will be charged in advance of each billing cycle unless you cancel. If you subscribed under an introductory offer, at the end of your introductory period, your payment method on file will be charged automatically each month for the full price of your subscription.

8. Cancellation & Refund Policy

• In order to change or cancel your subscription, please sign in to your account & select “Close account“
• We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
• No refunds will be issued on annual billing cycle if merchant has used Free plan before
• Merchants who never enrolled in the free plan will be issued refunds up to 2 months and are not satisfied with  for any reason. They can always go back to free plan.
• Merchants downgrading from Value-plan to free plan will lose all data and privileges that comes with Value-plan

a. Monthly Subscriptions

When cancelling a monthly subscription, all future charges associated with future months of your subscription will be cancelled. You may notify us of your intent to cancel at any time; your cancellation will become effective at the end of your current monthly billing period. You will not receive a refund; however your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current monthly billing period.

b. Annual Subscriptions

When cancelling an annual subscription, all future charges associated with future years of your subscription will be cancelled. You may notify us of your intent to cancel at any time; your cancellation will become effective at the end of your current annual billing period. You will not receive a refund, prorated or otherwise, for the remainder of the annual term. However, your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current annual billing period.

9. Promotional Discounts & Introductory Offers

From time to time, we offer introductory pricing at a reduced rate OR NO-COST for a specified period of time (“Introductory Offers”).  Introductory Offers can only be redeemed by first time subscribers to Orrku. If you do not qualify for an Introductory Offer, we reserve the right to reject your order to reflect current subscriber pricing. Orrku may determine your eligibility for an Introductory Offer at any time without prior notice and with no liability, to the extent permitted under applicable law.

For all Introductory Offers, we will require you to provide payment details after the trial ends. By providing such details you agree that we will automatically charge the full price of the Paid Subscription on the first day following the end of the Introductory Offer on a recurring monthly basis or annual plan selected by you after the trial ends.

IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE THE END OF THE INTRODUCTORY PERIOD BY CLOSING YOUR ACCOUNT.

Operating stability

Orrku aims to provide the highest possible degree of operating stability but is not responsible for any breakdown caused by factors beyond its control. Such breakdown includes but is not limited to power failures, errors occurring in modem equipment, ADSL connections, telecommunications connections or the like. In all events, Orrku aims to re-establish normal operations as quickly as possible.

Maintenance of the System

Orrku is entitled to make operational changes to the System for improvements or otherwise (for example by developing or updating software) without giving the Customer prior notice. In some circumstances, it may be necessary to suspend access to the Services, usually between 11pm and 6am PST. Notice of such a suspension will be given to the Customer in advance. Orrku will not be responsible for any consequences of such a suspension where notice has been given.

Rights

The System remains the full property of Orrku. Individually customized software relating to the Services also remains the property of Orrku unless otherwise stipulated. Orrku may at any time transfer its rights and obligations under this agreement to any economic affiliate, subsidiary or business unit, or any of their affiliated companies or divisions. Except as provided above, the rights and obligations under this agreement may not be transferred to any third party without the written consent of the other party.

Liability of Orrku

Orrku has taken reasonable measures to ensure that the Services are virus-free but no warranty is given that the Services are free from infection from viruses etc., and Orrku shall have no liability if this is not the case. To the extent permitted by law, Orrku disclaims all warranties with respect to the Services, either express or implied, including but not limited to any implied warranties of suitability or fitness for any particular purpose.

Orrku shall not be liable to the Customer for any loss or damage caused (including business interruption) arising directly or indirectly, except to the extent that such liability may not be lawfully excluded under the applicable law.

Marketing

Orrku shall be entitled to refer to the Customer and the Services provided in its marketing, including a brief description of such services.

System changes and feature updates

Orrku informs its users on the Orrku platform about system changes, feature updates, and other technical news by e-mail or other means. Therefore, all registered users on the Orrku GO platform accept that they are added to the technical newsletter mailing list.

INTELLECTUAL PROPERTY

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our affiliates, licensors, or other providers of such material and are protected by applicable copyright, trademark, patent, trade secret, designs, database rights, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any part of our Website or content on our Website without our written consent or if written consent is provided, in a manner that is inconsistent with purpose for which our written consent is provided. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Our company names, logos and all related product and service names, designs, and slogans are our trademarks or those of our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

JURISDICTION AND ARBITRATION:

1. In the event that there arises any form of dispute, confusion or difference from, out of and / or in relation to the terms as specified under the Terms and Conditions (Hereinafter “Dispute”), Orrku and You (together referred to as “Parties”) shall attempt to amicably resolve such Dispute as expeditiously as possible.
2. If all other processes fail, the parties shall resort to arbitration for the effective and binding resolution of disputes. The Arbitrators must be selected jointly within 2 months after the failure of mediation.
3. The Arbitration Proceedings is to be done in English Language. 
4. The proceedings are to be done in the California Court with respect to the provisions of this clause.
5. All the expenses related to the Arbitration including the fees of the Arbitrators are to be borne by both the parties equally unless the award states otherwise.
6. The Awards and the Proceedings are to be done in accordance with the provisions of the act.
7. The Award which is jointly issued by the Arbitrators is to be considered as final.
8. Disclaimer of Warranties

We do not guarantee continuous, uninterrupted or secure access to the Website or any part of the Website, and operation of the Website may be interfered with by numerous factors outside of our reasonable control. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other material due to your use of the Website or any services or content obtained from or through the Website or to your downloading of any material posted on it, or on any website linked to it.

Your use of the Website and its content is at your own risk. THE WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION OR OPERATION OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY DATA, INFORMATION, OR OTHER MATERIALS), OR (B) REPRESENT OR ENDORSE THE ACCURACY, QUALITY, SECURITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, COMPLETENESS, AND/OR TRUTHFULNESS OF ANY DATA, INFORMATION (INCLUDING OPINIONS, ADVICE OR GRAPHICS), OR OTHER MATERIALS DISPLAYED OR DISTRIBUTED IN ANY MANNER ON THE WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH DATA, INFORMATION (INCLUDING OPINIONS, ADVICE OR GRAPHICS), OR OTHER MATERIALS SHALL BE AT YOUR OWN RISK. WE, ON BEHALF OF OURSELVES AND ANY PERSON ASSOCIATED WITH US, HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, OR OTHER MATERIALS). FURTHERMORE, WE, ON BEHALF OF OURSELVES AND ANY PERSON ASSOCIATED WITH US, HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, AND/OR OTHER MATERIALS).

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

1. That the Platform, the Company and any other individuals associated, representatives, agents and even employees of the same shall in no manner be liable for any direct, indirect, punitive, special and/or consequential or any other form of damages arising from and in relation to:
   1. Unauthorized access to the Platform that is cause duet to no fault of the Platform, the Company and other individuals so associated, representatives, agents and even employees of the same;
   2. Breach of any conditions, warranties, representations and obligations made by the Payment Gateway, advertisers to the Vendor;
   3. In the event the Vendor is unable to access the Platform due to no fault of the Company, the Platform and/or any other individuals so associated, representatives, agents and even employees of the same;
   4. Any other matter regarding the working of the Platform with which the Vendor is so acquainted while utilizing the Platform to make purchases of the Products;
2. The Vendor accepts understands and that the Platform shall in no manner be responsible for any issues, including loss of access to, arising from and in relation to accessibility of the Platform.

CONFIDENTIALITY

1. All the communication between Orrku and the Vendor are highly confidential in nature and must not be disclosed with any third party.
2. The Vendor agrees that Orrku has the right to seek an immediate injunction from any court of law if this Agreement is breached or the Confidential Information is disclosed.
3. Orrku accepts that the Vendor will have similar rights in the event that the former breaches this Agreement or discloses Confidential Information.

TERMINATION

1. The Company/Platform shall have the sole and exclusive right to unilaterally terminate the account of the Vendor immediately in the following events:
   1. Should it be found that the said Vendor has been engaging in activities that violate the Terms of Use, Privacy Policy and other such policies, the law of the land or any other rules and regulations put forward by the governing authorities;
   2. Should the Vendor continue in the engagement of such activities despite being given due warnings not do so via mail;

• Are to manipulate, abuse, twist or mis-interpret the Terms of Use, Privacy Policy and other such policies, the law of the land or any other rules and regulations put forward by the governing authorities for purposes of partaking in activities that are unlawful;

1. Harass, intimidate, provoke, abuse, hurt or partake in any unlawful action against the Orrku and the platform and any other individuals so associated, representatives, agents and even employees of the same;

2. Should the Vendor decide to terminate their account themselves, they may do so only after having:
   1. Upload, create or share any malicious software, content, virus or destructive algorithm which may cause harm to the Company and/or the Platform or any other concerned individual/third party
   2. Breach any part of the Terms of Use, Privacy Policy and other such policies, the law of the land or any other rules and regulations put forward by the governing authorities;
3. Once the account is terminated, then the Platform/Company shall not grant anyone access to the information and the same shall be erased within 90 days from any and all storage servers and other such personalized hardware used for the working of the Platform.

Modification of Terms

• Orrku reserves the right to modify or update these terms and conditions at its discretion.
• Merchants will be notified of any changes to the terms and conditions, and their continued use of Orrku after the modifications constitute their acceptance of the updated terms.

INDEMNITY

The Vendor shall hold harmless and indemnify Orrku, and any other individuals so associated, representatives, agents and even employees of the same from any and all claims, demands, actions, attorney’s fees made by any individual or third party due to a breach of the Terms of Use, Privacy Policy and other such policies, the law of the land or any other rules and regulations put forward by the governing authorities caused directly/indirectly by the Vendor and/or their actions while utilizing the Platform.

Governing Law and Jurisdiction:

1. This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction where Orrku operates.
2. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.

By using Orrku, Merchants confirm that they have read, understood, and agreed to be bound by these terms and conditions.

 

Privacy Policy for Merchants

This Privacy Policy describes how our company ("we," "us," or "our") collects, uses, protects, and shares the personal information of merchants ("you" or "merchants") when using our B2B2C social marketing platform (the "Platform"). We are committed to protecting your privacy and ensuring the security of your personal information. This Privacy Policy applies to the Platform and all services offered by our company.

Information We Collect:

Account Information:

When you create an account on our platform, we collect certain personal information such as your name, email address, contact number, company name, and job title.

Merchant and Deal Information:

As a B2B2C social marketing platform, we collect information related to local merchants and the deals they offer. This may include merchant names, deal details, location information, and promotional materials.

User-Generated Content:

We may collect information that you voluntarily provide on the Platform, such as posts, comments, messages, and other content you generate while using the Platform.

Usage Information:

We collect information about your interactions with the Platform, including browsing activities, clicks, and engagement with merchant deals and other users' content.

Device Information:

We automatically collect information about the device you use to access the Platform, such as IP address, browser type, operating system, and device identifiers.

Use of Collected Information:

Provision of Services:

We use the collected information to provide you with access to the Platform and its features, including facilitating communication between merchants and users, and enabling the sharing of deals and promotional materials.

Personalization:

We may use the information to personalize your experience on the Platform, including displaying relevant deals, recommendations, and targeted content based on your preferences and browsing history.

Communication:

We may use your contact information to communicate with you, provide support, send important updates or notifications related to your account or the Platform, and respond to your inquiries.

Analytics and Insights:

We may analyze the collected information to gain insights into user preferences, trends, and behaviors. This analysis helps us improve our services, optimize deal recommendations, and develop new features.

Marketing and Promotions:

With your consent, we may use your information to send you marketing communications, promotions, or special offers from our company or our selected partners.

Legal Compliance:

We may use the information to comply with applicable laws, regulations, and legal processes, including responding to lawful requests and protecting our rights and the rights of others.

Sharing of Information:

Merchant Information:

We may share merchant information, including names and deal details, with users on the Platform to facilitate their engagement with the deals and promotions offered.

Business Partners and Service Providers:

We may share your personal information with trusted business partners and service providers who assist us in operating the Platform, delivering services, analyzing user data, and supporting our business operations.

Aggregated and Non-Identifiable Information:

We may share aggregated or non-identifiable information with third parties for various purposes, including statistical analysis, research, marketing, or improving our services.

Legal Requirements and Protection:

We may disclose your personal information if required by law, court order, or other legal processes, or if we believe in good faith that such disclosure is necessary to protect our rights, safety, or the rights and safety of others.

Data Retention:

We retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

Data Security:

We implement reasonable technical, administrative, and physical safeguards to protect your personal information from unauthorized access, disclosure, alteration, or destruction. We regularly review and enhance our security measures to ensure the ongoing protection of your information. We restrict access to personal information to authorized employees, contractors, and agents who need to know that information in order to operate, develop, or improve our services.

Cookies and Similar Technologies:

We use cookies, web beacons, and similar technologies to enhance your experience on the Platform, gather usage information, and personalize content. These technologies help us analyze trends, track users' activities, and improve the overall functionality of the Platform. You have the option to disable cookies through your browser settings, but please note that this may limit certain features or functionality of the Platform.

Third-Party Links and Services:

The Platform may contain links to third-party websites, applications, or services. We are not responsible for the privacy practices or content of these third parties. Your interactions with third-party websites, applications, or services accessed through the Platform are subject to their respective privacy policies and terms of use. We encourage you to review the privacy policies of these third parties before providing any personal information.

Your Rights:

You have the right to access, update, and correct your personal information. You can do this by logging into your account or contacting us directly. You may also have the right to request the deletion of your personal information, subject to certain legal exceptions. You can choose not to receive promotional communications from us by following the unsubscribe instructions in the communication or by contacting us. Please note that certain information may be necessary for us to provide you with the services, and deleting such information may limit your access to the Platform.

Changes to this Privacy Policy:

We reserve the right to update or modify this Privacy Policy at any time. Any changes will be effective when we post the revised Privacy Policy on the Platform. We encourage you to review this Privacy Policy periodically for any updates.

Contact Us:

If you have any questions, concerns, or requests regarding this Privacy Policy or our privacy practices, please contact us at:

Orrku, Inc.
16192 Coastal Highway
Lewes, Delaware 199958
Email: [email protected]

By using the Orrku B2B2C social marketing platform, you acknowledge that you have read, understood, and agreed to the terms of this Privacy Policy.