Terms & Conditions

The terms OrderTaker or Order Taker or OrderTaker.in or “we” or “us” or “our” or any grammatical variations of the preceding words refer to OrderTaker. The terms “you” or “your” or “client”, refer to the client/customer or to users of any of the interfaces (including but not limited to websites, apps and emails) provided by OrderTaker.

By using our services, you acknowledge and agree to these Terms & Conditions, and our Privacy Policy which can be found at HERE

The term “Client Interface” refer to any of the following, including but not limited to, Android App on Google Play, iOS App on Apple Appstore, Website, Admin Panel Website, and any interfaces or email services provided by OrderTaker.

OrderTaker is a SaaS based software which will be provided to you in the form of Software-as-a-Service. By meaning that, all the interfaces, like Web Site, Admin Panel, Android App, iOS App or any other interfaces will have no rights or ownership of any client means you. The ownership and rights will be all of OrderTaker. You have to use the service based on annual subscriptions as per the selected plan.

As mentioned above, we provide the combination of apps and website interfaces to you on a subscription based plan for which initial setup fees and annual subscription fees must be paid by you as per your selected plan. So one year of service will be provided for the use, any further use beyond one year will be charged extra as you have to renew the subscription plan with annual fees based on selected plan and pay the amount as it is as per the plan at the time of renewal in subsequent years.

The “Client App” provided by us will only work if Internet Connection is available on the targeted Device. Also, the “Client App” gets connected with web server and all the data are stored in server.

Android App provided by us to you by publishing on Google Play Store based on selected plan. It will run on Android Smartphones running on versions 5.0 and above up to the latest version Android 9.0. However, OrderTaker may not be held liable for any future new Android Updates on which if “Client App” doesn’t work.

“Client App” will work on portrait mode only and will be best usable on Android Smartphones.

We make use of best practices and standard guidelines to ensure that the app works perfectly on supported Android Smartphones.

Steps shall be undertaken by us to ensure that “Client App” is working properly in Android Smartphones running on the above mentioned OS versions. However, we will not be held liable for crashes or any other problems while using “Client App” or any other app provided by us.

We shall not be held liable if “Client App” doesn’t work due to hardware problems or device differences due to device fragmentation onf Android. We shall not be liable if client or any users damages Android Smartphone while using the “Client App”. It will be totally your responsibility to properly understand and use the “Client App” and “Main App” as it is given and instructed by us.

It will be up to us whether to publish the client app on new Google Play Account with client’s name or other names, or on the Google Play Account of us as per the selected plan. However, in all cases, total ownership and rights of apps and other interfaces belongs to us, client will have no ownership or rights, client just have to use as a service provided by us on subscription/rent.

Website Interface provided by us to you will run on browsers such as Chrome and Firefox with internet connected on the device. However, we shall not be held liable for any future new Updates or any new browser on which if our Website Interface doesn’t work.

We provide the service for managing orders in the form of:
1. A Separate Android App with client’s name and logo, provided by clients, on either our Google Play Account, or any other account as suitable to us. This will be mentioned as “Client App” in this document further.
2. By providing a website interface with Subdomain name of your choice where you can manage orders and customers can place orders. (Subdomain will be given on the basis of availability, meaning that it is not already given to any other clients).
3. By creating a client’s store on our “Main App” in which the store of client will be created and all the orders can be managed by client in that app. Please note, in Main Android App our other clients’s store will also be available.
4. By creating a client store on “Main Website” on which all the orders can be managed by client. Please note, in “Main Website” our other clients’s store will also be available.
5. All or any of the combination of above based on selected plan by you.

In any of the above case or in any of the selected plan, you grant us the worldwide license to create your store and make available in “Main App” and “Main Website”, both of which are under our full ownership and access. You will have no ownership or rights to any of these client interfaces, as it is developed and belongs to us only.

However, it will be up to us whether to list your store in our “Main App” and “Main Website” or not.

Listing or positioning of your store will be up to us where we can decide as per our interest. The listing and positioning of your store will be visible on our “Main Website“ and “Main App” as per the functionality and user interface decided by us, not you, the client.

In case of a separate app provided by us, it will be having name and the logo of your business as provided by you, the same details will be used in the store listing on our “Main App” or “Main Website” as well.

In case of any copyrights, intellectual property or related issues occurs on Google Play or on Website, then you will be responsible for that and held liable for that as we don’t have any involvement while choosing name and logo of your app. Same applies to website interface as well.

Our Services allow you to upload, submit, store, send or receive content.

You are responsible for the products and offers or any other related content listed on your store’s pages. In particular, this means that you must comply with all applicable laws and industry best practices when operating and promoting your products, offers, and other related contents as per your business, including obtaining all applicable licenses and approvals; ensure your content is lawful, correct, up-to-date and complete; and supply all required disclaimers, warnings, and notices based on the territory you belong.

When you upload, submit, store, send or receive content to or through our Services, you give OrderTaker (and those we work with) a worldwide license to use, host, store, reproduce, monetize, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content.

The rights you grant in this license continues even if you stop using our Services.

We will provide and publish the Android app via Google Play with the name of your business or with name provided by you, however the ownership will be of us on this app and you or any other Play Store or App Store account holders will have no rights or ownership of any kind.

Here, the full ownership and rights to us means we can use and alter services at anytime without informing you, and also we can monetize with advertisements in any of the services whether they are apps, website or any other interfaces or content at any time.

We clearly holds ownership of all the “Client Interface”, apps, websites and other materials, and provides it as a software-as-a-service to the respective client. You are not having any rights on any source code or development material of any app or website or any other interfaces, as it is owned by us.

Therefore, related code, materials and all the accesses are reserved to us only. You don’t have any rights to ask for any such documents, code and materials. We are the only owner of all the client apps, websites and other interfaces which are being developed by us for this service.

If you try to mislead or share with third parties or any other people or company it will be a breach of this agreement, and we will have full rights to take proper action against you and any other third parties involved whether it is a person or a company. In such case, your plan will be immediately terminated without informing you.

For using this “Client Interface” you must pay setup fees and annual subscription fees as per the selected plans.

The one year service fee charge for using “Client Interface” will be decided as per the plan selected by the client.

Client must have to pay it right from the starting year to use the services.

The yearly service renew plan may increase based on new features and updates. Client has to renew the plan based on updated plans every year if client wants to keep using “Client Interface” services and support.

As we provide the “Client Interfaces” and other services as “software as a service”, there may be some future updates and changes as technology and the functionality advances including but not limited to server upgrade, storage update, security update and so on. Hence, we may apply extra charges accordingly for those future changes based on the impact and implementation time of that future updates also by keeping in mind how big the feature/update is. In those cases we may update the plan and increase charges accordingly. You must upgrade to new plans to continue using the services. We may charge for making the “Client App” to work on the newer or future versions, based on the amount of changes required to make it work properly on new releases.

In case of any further change request or feature update required by client, OrderTaker will charge extra accordingly based on the amount of work. Charges will be discussed and finalized with client before starting work on any change requests or requested features from client.

However OrderTaker will have freedom to choose whether to provide those changes/feature or not. So client must agree to this to use and accept the “Client Interface” services as it is.

In case of data consumption increases by the client, client will have to upgrade the plan. Client has to pay the yearly charges every year in advance to continue the service for the upgraded plan. By upgrading the plan, the old plan will automatically terminated and no refund will be paid by us even if the plan is terminated before the due date of next renewal.

We provide 30 days of extra grace period for yearly annual charges, if client unable to pay within those extra 30 days period, “OrderTaker Client Interface” will not work and all the data uploaded or generated by client will be removed by us without informing you.

In case of no payment even after extra 30 days, client will terminate subscription from us and it will be totally in the hands of us whether to allow you for subscription again in the future or not. It will be solely on us whether to allow the client to use our services again or not. If we allow you again for the subscription, you will have to pay setup fees again and fresh plan will be applied from there on as per selected plan at the time of new setup.

You must pay the annual subscription fees amount of selected plan to again start using our services. We may also remove or unpublish “Client App” of client in case if client not able to pay annual service fees after 30 days of extra grace period mentioned above.

In case of re-registration, if the app is removed or unpublished, the new process will be again made by us to launch the “Client App” and the process will be as per Google Play’s Developer Distribution Terms & Conditions and Policies.

We may at any time, terminate this agreement with client if:
(A) You have breached any provision of this Agreement; or
(B) We are required to do so by law; or
(C) The partner with whom we offered certain parts of “Client Interface” or any interfaces to you has terminated its relationship with us or ceased to offer certain parts of the “Client Interface” or any interfaces to client; or
(D) We decide to no longer provide the “Client Interface” or any other interfaces to users in the country in which you are resident or from which you use the service, or the provision of the “Client Interface” or certain “Client Interface” services to you by us is, in our sole discretion, no longer commercially viable.
(E) Due to any misbehavior or misconduct by you with us, our subsidiaries, affiliates or members.
(F) If you are unable to pay the annual service fee charge in advance within extra 30 days grace period. For the first year it will be considered from the registration date. For subsequent years, it will be considered from the last day of service of the previous year.
For example: if your registration is 1st Jan 2019, then you have to start your plan by paying advanced annual charges on or before 30th Jan 2019. And suppose if you pay the first annual charge on 20th Jan 2019 then the 20th Jan 2020 will be your end date for first year of services, so from there you have to pay next year’s advanced annual charges on or before 10th Feb 2020 to continue using “Client Interface” and related services as per your selected plan.

It will then on us whether to restart service for you or not. In case of re-start, client will have to re-register by paying setup fees again and the whole process will be considered as a new registration and related steps will be followed as mentioned above to make “Client Interfaces” available again for you.

We will not refund any payment in any case whether it is a setup fee, new setup fee or annual subscription fees paid by you. We will not transfer any selected plan from one client to other in any case.

In case of any policy violation or copyright concerns due to false or illegal data or information given by you or uploaded/generated by you, it will be completely your responsibility and we will no longer be viable for any charges or penalty. In fact, client must have to pay in case of any charges or damages done to us and our reputation as a brand.

The support for the “Client Interface” will be given by us either on a phone call, online call or via email communication. We do not provide any onsite support, client have to visit our office in case of any support required.

We make use of sound practices like login data encryption, secure connection etc to ensure that customer information is not misused or accessed without authority. Steps shall be undertaken by us to ensure that customer information is not altered or destroyed to the detriment of our clients.

However, we shall not be held liable for loss of data or any unauthorized access to the client information stored by us.

While promoting app or website interfaces, provided by us to you as per the selected plan, you must use “Also Available on OrderTaker.in” and “Also Available On OrderTaker App” along with “Powered by OrderTaker.in” in all the promotion material whether it is online or offline.

If you ignore any of the above branding or promoting guidelines, it will be a breach of this agreement and your subscription plan will be terminated immediately.

You, the client, expressly understand and agree that your use of the “Client App”, “Main App” or any website interfaces provided by us are at your sole risk and that the “Client Interface”, provided by us are provided “AS IS” and “AS AVAILABLE” without warranty of any kind from us.

We may make changes to the terms & conditions as we distribute new versions of the “Client Interface”. When these changes are made, we will replace this existing terms & conditions available on our website.

By signing this and registering with us, you, the client, confirms that you are agreed on these terms & conditions and accepted this agreement and ready to use “Client Interface” and related services as per the selected plan on a SaaS (Software-as-a-Service) basis by first enrolling with setup fees and then by paying annual subscription fees to us.

You also grant worldwide license to us to use your name, logo, audio, video or any of your Intellectual Property material and data uploaded by you, which we may use to promote, publish, monetize, distribute, display, host, store, reproduce, modify.