Welcome to Scan d Order. Please read on to learn the rules and restrictions that govern your use of the Scan d Order website, including any subdomains thereof, and any other websites through which Scan d Order makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Scan d Order Services"). The Site, Application and Scan d Order Services together are hereinafter collectively referred to as the Scan d Order Platform”. The Scan d Order Platform constitutes a technology platform that enables registered users ("Members") of the Scan d Order Platform to place orders for products supplied by registered merchants ("Partner Restaurants").

These Terms of Service (the “Terms”) are a binding contract between you and Scan d Order (“Scan d Order”, “we”, and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Scan d Order Platform. Your use of the Scan d Order Platform in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Scan d Order Platform. These Terms include the provisions in this document, as well as those in the Privacy Policy.

4 Weeks Free Trial

During the 4 weeks of free trial, the A5 size acrylic QR holder will be given with no cost. After the completion of the 4 week of free trial each A5 size acrylic QR holders will be charged at 6.00 NZD ( price is still dependent on the supply and costing from the vendor). If the A5 size acrylic QR holders gets damaged or stolen or lost, it will be charge accordingly for per piece from the restaurant during the 4 weeks of free trial.

Terminating the 4-weeks of free trial with no notice, the restaurant user will be charged the labour hours and printing cost. If the restaurant agrees to take the free trial, it is required a minimum of 7 days to be included the premises of the restaurant before removing, or else if removed early the restaurant user will be charged the labour hours and printing cost”.

Modification of these Terms

We are constantly trying to improve the Scan d Order Platform, so these Terms may need to change along with the Scan d Order Platform. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by updating the terms on the Scan d Order website, by sending you an email, and/or by some other means.If you don’t agree with the new Terms, you are free to reject them, however it means you will no longer be able to use the Scan d Order Platform. If you use the Scan d Order Platform in any way after a change to the Terms is effective, that means you agree to all of the changes.

Using the Scan d Order Platform

You represent and warrant that you are an individual of legal age to form a binding contract, or if not, you’ve received your parent’s or guardian’s permission to use the Scan d Order Platform and gotten your parent or guardian to agree to these Terms on your behalf.You will only use the Scan d Order Platform in a manner that complies with all laws that apply to you. If your use of the Scan d Order Platform is prohibited by applicable laws, then you aren’t authorized to use the Scan d Order Platform. We can’t and won’t be responsible for your using the Scan d Order Platform in a way that breaks the law.

Scan d Order Service

Account

You need an account with Scan d Order in order to use our Services. You shall register your own Scan d Order account. We acknowledge the owner of the mobile number which the account is registered with as the owner of the account and he/she shall be responsible solely for the account. We assume that the email address and mobile number owners are the same person and access to the email inbox, and reading the SMS sent to the mobile number, is granted, available and possible for you. Nevertheless, we may not verify the Email address always. To protect your Scan d Order account, keep your password confidential and always keep your mobile phone and email access as very private and confidential. You are responsible for the activity, request or order that happens on or through your Scan d Order account.

Restaurant ID

You are assigned a restaurant username ID & temporary password upon registering an admin account with www.scanitnow.co.nz. This ID is used by you or your employees to log in to your account and use our services subject to the level of access you have granted to them. You confirm that this is a confidential ID and you shall only disclose this ID to authorized persons whom you have trust and is meant to be used exclusively in relation to your business

Service agreement

A: By creating an account in Scan d Order, you shall agree on the followings:

• You shall not submit false information on your profile or misrepresent yourself or your purpose of registering an account with Scan d Order.

• The Admin of your account is of minimum age of 18 years old and or at legal age if your local law definition of legal age is older than 18.

• You shall use valid company or business name as well bank accounts.

• You are authorized to apply for an account for your company.

• You shall agree that you use the correct and valid username ID or address or contact numbers in your profile.

• You shall not have multiple accounts with Scan d Order for the same merchant.

• You shall not use third parties information or impersonate them or identify yourself as your clients or your customers or third parties whether as an individual or an entity.

• You shall not offer, sell or advertise alcoholic drinks or tobacco to under aged customers (as per your local law).

• You shall not misrepresent your address or country of resident.

• You shall agree that you have no objection to receive Emails or faxes or calls or SMS from us regardless of the purpose or context or contents.

• You shall agree and confirm that the email address, mobile number you used to register your account with us belongs to you only and you have full access and control on them at any time.

• You shall agree that you do not share or disclose your Scan d Order user name and password to unauthorized third parties and keep them very confidential.

• You shall agree that you are aware and responsible of any order of service submitted and requested by you through your account.

• You shall agree on any exchange rate , transaction fees occurred during charging your card.

• You shall agree that you are aware of the local authorities regulation and the local law on running an eatery businesses in your country.

• You shall agree to use your local currency as per your local law, for the price of your meals.

• You acknowledge that we do not support foreign currencies

• You shall agree that you are not using a third party or stolen credit card to make payment and in case of any claim or chargeback, your account will be suspended, we will stop providing any service for you, all your previous records will be assumed scam or fraud and all the records will be removed from our system.

B: by running the system in your restaurant:

• You shall agree that this is your duty to maintain and manage your digital menus in Scan d Order.

• You shall agree that you shall not use copyrighted content to create your digital menu including photos, videos or logos.

• You shall agree that by using our services, you should display QR codes on tables in your restaurant in a proper way and visible to your guests.

• You shall agree that you may need to attach table numbers to each table in your restaurant at your discretion.

• You shall agree that in case of any abuse of QR codes by your guests (e.g. taking a photo of QR code and sending dummy orders remotely to the restaurant ) this is your responsibility to differentiate between genuine orders and fake orders and to update the QR code immediately to avoid such a problem.

• You shall agree to inform your customers of QR code on the table and encourage your customers to order from it.

No Development

EACH PARTY ACKNOWLEDGES AND AGREES THAT THERE SHALL BE NO DEVELOPMENT OF TECHNOLOGY, CONTENT, MEDIA OR OTHER INTELLECTUAL PROPERTY BY EITHER PARTY FOR THE OTHER PARTY PURSUANT TO THIS AGREEMENT. Any development activities relating to any technology, content, media or other intellectual property must be the subject of a separate written agreement between Scan d Order Ltd. and you prior to the commencement of any such activities.

Fees

After first month of free trial of for the service sold by Scan d Order, Restaurant partner will pay Scan d Orderas follows: the Retail Price of all services that the Scan d Orderoffers on the website. The Fee does not include any applicable taxes. Scan d Order will remit to Merchant the total Retail Price collected for all Items Merchant sells via the Scan d Order (including any Sales Taxes collected on its behalf) less: (a) the applicable retained Fee; and (b) any refunds given to Customers (such final remitted amount being “Item Revenue”). All Item Revenue that is duly owed to the Merchant will be remitted within fourteen (14) business days of the sale of the Item. Subject to the foregoing, Scan d Order will typically make such payment on a weekly basis.

Account Registration

You must register an account ("Scan d Order Account") to access and use certain features of the Scan d Order Platform, such as receiving and confirming an order. If you are registering an Scan d Order Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.To register a Scan d Order account, you must provide us with email, phone number, company/restaurant name, and address. Our team will create login credentials for you. Once you receive your service approval email, you can log in to the Scan d Order website and then to your admin panel. You must provide accurate, current and complete information during the registration process and keep your Scan d Order Account and public Scan d Order Account profile page information up-to-date at all times.

You may not register more than one (1) Scan d Order Account unless Scan d Order authorizes you to do so. You may not assign or otherwise transfer your Scan d Order Account to another party.You are responsible for maintaining the confidentiality and security of your Scan d Order Account credentials and may not disclose your credentials to any third party. You must immediately notify Scan d Order if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Scan d Order Account.

You are liable for any and all activities conducted through your Scan d Order Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials)

Content

Scan d Order may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Scan d Order Platform (collectively, "Member Content"); and (ii) access and view Member Content and any content that Scan d Order itself makes available on or through the Scan d Order Platform, including proprietary Scan d Order content and any content licensed or authorized for use by or through Scan d Order from a third party ("Scan d Order Content" and together with Member Content, "Collective Content").The Collective Content displayed or performed or available on or through the Scan d Order Platform are protected by copyright and/or other intellectual property laws.

You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Collective Content you access through the Scan d Order Platform, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose the Scan d Order Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms.You understand that Scan d Order owns the Scan d Order Platform. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit the Scan d Order Platform.

The Scan d Order Platform may allow you to copy or download certain Collective Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they doSubject to your compliance with these Terms, Scan d Order grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Scan d Order Platform and accessible to you, solely for your personal and non-commercial use.By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Scan d Order Platform, you grant to Scan d Order a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Scan d Order Platform, in any media or platform.

Insofar as Member Content (including Verified Images) includes personal information, such Member Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, Scan d Order does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.You are solely responsible for all Member Content that you make available on or through the Scan d Order Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Scan d Order Platform or you have all rights, licenses, consents and releases that are necessary to grant to Scan d Order the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Scan d Order's use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates any Scan d Order policy. Scan d Order may, without prior notice, remove or disable access to any Member Content that Scan d Order finds to be in violation of applicable law, or these Terms, or otherwise may be harmful or objectionable to Scan d Order, its Members, third parties, or property.

Prohibited Activities

You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Scan d Order Platform. In connection with your use of the Scan d Order Platform, you will not and will not assist or enable others to:

• infringe or violate the intellectual property rights or any other rights of anyone else (including Scan d Order)

• violate any law or regulation, including any applicable export control laws

• use the service in a manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable

• jeopardize the security of your Scan d Order account or anyone else’s (such as allowing someone else to log in to the Scan d Order Platform as you)

• attempt, in any manner, to obtain the password, account, or other security information from any other us

• run Maillist, Listserv, any form of auto-responder or “spam” on the Scan d Order Platform, or any processes that run or are activated while you are not logged into the Scan d Order Platform, or that otherwise interfere with the proper working of the Scan d Order Platform (including by placing an unreasonable load on the Scan d Order Platform’ infrastructure)

• “crawl”, “scrape”, or “spider” any page, data, or portion of or relating to the Scan d Order Platform or Content (through use of manual or automated means)

• copy or store any significant portion of the Content

• decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Scan d Order Platform.

Payment

You understand that use of the Scan d Order Platform may result in charges to you for the services or goods you receive from a Partner Restaurant (collectively, “Charges”). After you have received services obtained through your use of the Scan d Order Platform, Scan d Order will facilitate your payment of the applicable Charges on behalf of the Partner Restaurant as such Partner Restaurant’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Partner Restaurant. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Scan d Order.

All Charges are due immediately and payment will be facilitated by Scan d Order using the preferred payment method designated in your Account, after which Scan d Order will send you a receipt by email.If you make any purchases on the Scan d Order Platform, you agree that our third party payment gateways, such as Stripe and Paypal, may store your credit or charge card or other payment information. You expressly agree that we are authorized to charge you (i) any fees for the purchase you made, (ii) any applicable taxes in connection with your use of the Service to the credit or charge card you provide and to reimburse us for all collection costs and interest for any overdue amounts. If the credit or charge card you provide expires and you do not provide new credit or charge card information or cancel your Account, you authorize us to continue billing you and you agree to remain responsible for any uncollected fees.

You take full responsibility for all taxes and fees of any nature associated with the Scan d Order Platform, including any sales tax related to any purchase or sale of services or goods under the Terms. When purchasing or selling services or goods under the Terms, it is your responsibility to determine whether or not sales taxes apply to a transaction and to collect, report and remit the correct amounts to the appropriate authority.

Cancellation and Refund

Once you have submitted your subscription request via Scan d Order, Scan d Order or our Partner Restaurants reserve the right to cancel that subscription. We are not liable for any loss to the extent that it was caused by You. You are not liable for any loss to the extent it was caused by us. We are not liable to provide any refund, if you have purchased our subscription in case of any termination from your side. Also, there are no lock in contract in our subscription plan, so Scan d Order will not charge any penalty fees after termination of your subscription plan.

Suspension and Termination

You’re free to do that at any time, by contacting us or by terminating your account; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using the Scan d Order Platform. In case of termination of the service from your side , there is no refund whether your billing is post-paid or prepaid.Scan d Order is also free to terminate (or suspend access to) your use of the Scan d Order Platform or your account, for any reason in our discretion, including your breach of these Terms. Scan d Order has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Data associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important information you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Scan d Order. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following may survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights, and terms regarding disputes between us.

Disclaimers

The Scan d Order Platform may contain links or connections to third party websites or services that are not owned or controlled by Scan d Order. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Scan d Order is not responsible for such risks. We encourage you to be aware when you leave the Scan d Order Platform and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.Scan d Order has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Scan d Order Platform. In addition, Scan d Order will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Scan d Order Platform, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Liability

Your use of the Scan d Order Platform are at your sole responsibility and risk. The Scan d Order Platform is provided on an “as is” basis. Scan d Order expressly disclaims all representations, warranties, or conditions of any kind with respect to the Scan d Order Platform, whether express or implied, including, but not limited to, any implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, performance, system integration, quiet enjoyment, title, and non-infringement.

Indemnification

To the fullest extent allowed by applicable law, You agree to indemnify and hold Scan d Order, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Scan d Order Platform (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Scan d Order Platform Account, in any way (by operation of law or otherwise) without Scan d Order’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

General Provisions

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Scan d Order Platform, provided that Scan d Order may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Scan d Order agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Scan d Order, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Scan d Order, and you do not have any authority of any kind to bind Scan d Order in any respect whatsoever.If you have any questions about these Terms please contact us.