Merchant Agreement
The following is a Merchant Agreement between OrderDive LLC and the Entity representative user creating, maintaining, and/or operating this OrderDive account (“Merchant”).
  1. Either OrderDive LLC or Merchant may terminate this agreement upon written notice to the other party.
  2. Merchant agrees to:
    1. Keep prices and items for sale accurately updated within the OrderDive platform to reflect the current in-store prices and products.
    2. Accept and fulfill all orders transacted through OrderDive LLC.
    3. Permit OrderDive LLC the use Merchant marks, names, menus, and all other intellectual assets.
    4. Allow OrderDive LLC to accept payments on behalf of Merchant.
    5. Pay sales tax to the appropriate localities.
    6. Work in compliance of all local, state, and federal regulations.
  3. OrderDive LLC agrees to:
    1. Provide an online ordering platform service.
    2. Provide a management console to allow Merchant to maintain relevant information such as menu items, item prices, sales tax rate, and business name.
    3. Collect sales tax at the rate specified by Merchant in the management console and pass the funds remaining after transaction fees to Merchant. Merchant will in turn pay sales tax to the appropriate localities.
  4. Transactional costs such as transaction fees, processing fees, currency conversion fees, and card processing fees are assessed by Merchant.
  5. OrderDive LLC will notify Merchant at least 30 days before a change in pricing structure will be actively billed. If the pricing structure change is a reduction in price charged by OrderDive LLC, the change does not require a minimum waiting period.
  6. OrderDive LLC reserves the right to amend this agreement with a minimum 30 day notice to Merchant of the changes.
  7. The services provided by OrderDive LLC are provided on an “AS IS” basis and makes no guarantee to uptime unless otherwise agreed upon.
  8. There is no guarantee that users will buy from Merchant though OrderDive LLC.
  9. OrderDive LLC shall not be liable for any damages resulting from the use of the service, any failure of the website, or any actions or omissions by OrderDive LLC.
  10. As long as OrderDive LLC updates changes made in the Merchant console in a timely manner, Merchant will be responsible for all damages resulting from users paying an incorrect price.
  11. Merchant is responsible for handling product returns with their customers in accordance with Merchant’s product return policy.
  12. OrderDive LLC is not responsible for any claims charged against Merchant regarding goods and/or services provided by Merchant.
  13. All loaned OrderDive LLC equipment must be returned to OrderDive LLC in the event of the business relationship being terminated.
  14. OrderDive LLC reserves the right to charge Merchant for damaged, stolen, or lost property. This includes but is not limited to the any loaned electronic hardware and the associated cabling and power management solutions.
  15. Merchant authorizes OrderDive LLC to create listings for Merchant on any marketplaces created by OrderDive LLC or derived marketplaces by authorized OrderDive LLC developer partners.