ORRKUMerchant

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 company incorporated under the Companies Act,   and having its registered office at _16192 Coastal Highway, Lewes, Delaware 199958, County of Sussex_, 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” 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:

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.

 

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.

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.

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 performance or non-performance of the activities described in this section.

5. 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 store on the website and/or mobile applications of Orrku.
3. The Vendor will get cost-free promotion trial for 12-months from the Effective Date. After the expiry of free trial period, the Vendor will select the plan as needed. 

6. MONEY BACK GUARANTEE

1. Orrku offers money-back guarantee if we charge money upfront or commission.
2. Money-back guarantee will only be applicable if the Vendor follows all the marketing strategies put forward by Orrku.

7. 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:

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;
1. 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.

 

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

 

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.

22. 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.

1. 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.

1. 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.

 

1. 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.

 

1. 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;
      3. 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;
      4. 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.

 

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 Customer by creating an account on Orrku and accepting Terms & Conditions online.

3. Duration and termination of the subscription

Free trial is offered to first 1000 local businesses. The 12-month free trial starts once this milestone is met. Customers can earn free trial through referral credits. There is no limit to earning referral credits.

After the free trial, the annual subscription runs from the date the trial ends (i.e. if trial end Jan 30, the annual plan starts Feb 1st). The annual subscription period is 12-months.

The annual subscription may be terminated by closing the account one month before the expiry of the subscription. The agreement cannot be terminated for a period of subscription already initiated and the Customer will not be entitled to a refund for that subscription period.

A discount is applicable for annual prepayment.

Monthly prepaid subscriptions may be terminated by closing the account one month before the expiry of the monthly subscription (i.e. for monthly subscriptions running April-March, termination must be received before the end of February). The agreement cannot be terminated for a period of subscription already initiated and the Customer will not be entitled to a refund for that subscription period.

The Customer may terminate any subscription before the free trial ends.

In the event of the Customer filing for bankruptcy, the subscription will be terminated, and all Services will be terminated immediately, unless otherwise specifically agreed in writing between the Parties.

4. Limited-time subscription trail offer

First 1000 merchants will get the following special introductory offer” to try Orrku platform

-           12-months free trial.

-           Qualify for an additional 12-months (Total 24-months) of free Value-plan based on referral    credits earned 

-           Special discounted Value Plan @ $149 for additional 12-months after 1st free year 

(50% off annual billing).

-           $150 referral credit per merchant.

-           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

 

5. Price and payment terms

-           Prices shown reflect price per store location

-           12-months free trial starts as soon as 1000 merchants register on Orrku

-           Merchant can cancel any time before the free 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

 

1. 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.

2. 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.

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.

3. 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.

6. 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.

7. 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.

8. 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.

 9. 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

10. Marketing

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

11. 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.

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.