Orderance Customer Terms and Conditions

For Orderance-powered customer services
Last updated: October 1, 2026

Important information

Please read this agreement before submitting an order or reservation or purchasing a membership through the Application. Contact [email protected] if you need clarification about the platform terms.

These Customer Terms and Conditions form the Customer Online Ordering Agreement (the “Agreement”) between TOG, the business operating the Orderance platform, and the customer accepting it (“you” or “your”). Orderance is a product and brand name, not a separate contracting company. References to TOG do not create a new legal entity.

The “Application” means the customer-facing websites, ordering widgets, applications, and related services operated by TOG that display or link to this Agreement. It includes those services presented under a participating Restaurant’s or authorized Partner’s branding. A “Partner” is an authorized reseller, agency, or other business assisting a Restaurant with the platform, account support, or permitted customer activities.

This Agreement governs your use of the Application. The relevant Restaurant supplies the food and restaurant services. Its separately disclosed transaction terms govern those purchases, subject to applicable law. This Agreement is not a restaurant subscription, reseller, or platform-management agreement.

Where the Application asks you to accept these terms before submitting a transaction, your affirmative acceptance forms this Agreement to the extent permitted by applicable law. If you do not agree, do not submit that transaction. You must have the legal capacity and authority required for the transaction.

Nothing in this Agreement removes consumer, privacy, payment, or other rights that applicable law does not permit to be excluded or limited.

1. Use of the Services

1.1 Access and available features

TOG provides a limited, non-exclusive, non-transferable right to use the Application for lawful customer activities while this Agreement remains in effect. Depending on the Restaurant’s enabled features, these activities may include ordering, reservations, catering requests, customer accounts, memberships, promotions, and rewards.

This permission does not authorize operation or resale of the platform, access to restaurant administration tools, or access to another person’s records. Restaurant and reseller access requires a separate authorization or agreement.

1.2 Restaurant operations

The Restaurant controls its menu, prices, item availability, operating hours, acceptance settings, preparation estimates, and fulfillment choices within the platform features available to it. It is responsible for reviewing and maintaining its menu and operational information.

TOG and authorized Partners may assist with menu entry, website setup, configuration, account support, customer-record administration, reporting, and permitted marketing. TOG does not operate the Restaurant, inspect its kitchen, prepare or handle its food, or physically deliver its orders. Assistance with data entry does not replace the Restaurant’s review of its menu. The handling of Customer information remains subject to Section 5 and the Privacy Policy.

These descriptions of operational roles do not exclude any responsibility arising from TOG’s own acts or omissions under applicable law.

1.3 Submission and acceptance

Review the Restaurant, items, quantities, modifiers, fulfillment method, location, requested time, and charges before submitting a request. Provide accurate information and use only an account and payment method you are authorized to use.

A submission acknowledgment or payment authorization is different from Restaurant acceptance. A Restaurant may accept manually or enable automatic acceptance using its selected settings. Automatic acceptance does not establish that an employee has individually reviewed every instruction.

The Restaurant’s acceptance and any transaction-specific terms determine confirmation of the order, subject to applicable law. Check the status and confirmation provided. If you receive inconsistent information, contact the Restaurant and, for a technical issue, TOG. Do not repeatedly submit the same order while its outcome is unclear.

1.4 Food allergies and special instructions

Contact the Restaurant directly before ordering if you have a food allergy or require confirmation about ingredients, preparation, dietary restrictions, or possible cross-contact. Do not rely solely on menu descriptions, photographs, an order note, or automatic acceptance as confirmation that the request can be accommodated.

The Restaurant assesses food-related requests and preparation requirements. TOG does not verify ingredients or kitchen practices or certify food as allergen-free. Provide only relevant sensitive information. If the Restaurant cannot confirm that it can accommodate your requirements, do not proceed with the affected item or order.

These precautions do not waive your rights or excuse a party from its own legal obligations.

1.5 Timing, delivery, and status information

Preparation and arrival times are estimates unless a specific commitment is expressly made. Restaurant preparation time, courier pickup time, and delivery to the customer are different milestones. Unless otherwise identified, operational times use the Restaurant’s local timezone.

The Restaurant arranges pickup and delivery, including any third-party courier service it chooses to use, such as Uber Direct. TOG transmits relevant recipient, address, timing, and order or package information to the selected provider to support that arrangement, as explained in the Privacy Policy. You are responsible for supplying accurate delivery and access information. A map pin should identify the intended delivery location and does not replace a complete address.

Delivery information supplied by a provider may include tracking, updated estimates, courier assignment, pickup and delivery milestones, cancellation, return, and proof-of-delivery information. TOG and the Restaurant may retain relevant records for fulfillment, reconciliation, service analytics, support, and disputes. A link to tracking may be provided in an order message or status page; do not share a private tracking link with someone who should not see the delivery information.

Tracking and status information reflects the information available from the Restaurant, platform, or integrated provider. Contact the Restaurant promptly if it does not match what occurred. A status label alone does not conclusively establish physical handoff, cancellation entitlement, or completion of a refund.

1.6 Updates and acceptable use

TOG may maintain or update the Application for functionality, security, compatibility, and legal requirements. Supported features may depend on a compatible browser, operating system, network connection, and accepted updates. Material contractual changes are handled under Section 16.4.

You must not use the Application for unlawful, fraudulent, abusive, or discriminatory conduct; unauthorized access; malicious software; interference with orders or networks; unsolicited messaging; resource mining; or infringement of others’ rights.

Do not conduct intrusive security testing or load testing without written authorization. This restriction does not prohibit ordinary use, lawful reviews, reporting defects, making complaints, or activities protected by applicable law. Report suspected vulnerabilities to [email protected] without accessing other customers’ data or disrupting service.

2. Fees and Payment

2.1 Disclosed charges

You are responsible for charges you lawfully authorize and owe for an order or separately purchased service. Applicable item prices, discounts, fees, taxes, delivery charges, optional tips, currency, and payment conditions should be disclosed before you commit to the transaction.

This Agreement does not itself impose a monthly platform subscription on a food-ordering customer. Restaurant subscription charges and reseller billing arrangements are outside its scope.

2.2 Payment processing

Available payment methods depend on the Restaurant’s configuration. Online payments may be processed through providers such as Stripe or Moneris. TOG supplies the integration used to transmit the necessary information and associate the payment with the transaction.

For Restaurant orders, the Restaurant is the supplier of the food and restaurant services and receives the customer payment through its configured merchant-payment arrangement. In the standard restaurant-billed delivery arrangement, that payment includes the customer delivery fee, while the Restaurant pays its delivery provider separately. Any differently supplied or separately billed TOG or Partner service must be identified before purchase. A payment method or processor name does not by itself identify the supplier of the food.

Payment-provider terms and privacy notices apply to their respective services. This Agreement does not authorize undisclosed charges or transfers of your payment credentials to unrelated parties.

2.3 Authorizations, completed payments, and uncertain outcomes

A payment authorization may reserve funds before a completed charge and temporarily reduce available funds or credit. Capturing an authorization completes the payment. Cancelling an uncaptured authorization is different from refunding a completed charge, and the financial institution determines when a pending hold disappears from the Customer’s account.

The applicable payment flow depends on the Restaurant’s configuration, selected payment method, and terms disclosed before payment. Where checkout identifies a two-hour delayed-capture flow, capture normally occurs two hours after the Restaurant first accepts the order and may occur earlier to protect the authorization’s validity. For an advance booking, that means charging can occur on the acceptance date rather than the later pickup or delivery date. This conditional description does not change a different payment schedule expressly disclosed for the transaction.

Rejected, missed, or cancelled orders require an authorization release or refund as appropriate to the actual payment state and applicable transaction terms. This Agreement does not authorize duplicate capture, an increased charge without the required agreement, or an undisclosed replacement payment when an authorization fails or expires.

A timeout, error message, or cancelled order label does not independently prove that no payment occurred or that a refund has been completed. Check the order and payment confirmation and contact the Restaurant or TOG for the relevant issue before submitting a duplicate payment.

2.4 Changes and cancellations

Contact the Restaurant as soon as possible to request a change or cancellation. Self-service cancellation may not be available. Whether the Restaurant can accommodate an ordinary change request depends on its disclosed terms and the order’s actual preparation and delivery progress.

A request does not necessarily confirm cancellation. However, where applicable law gives you a cancellation right, exercising that right does not depend on the Restaurant voluntarily approving it or on the presence of a cancellation button.

2.5 Refunds and payment disputes

The Restaurant is the primary contact for food-order refunds. TOG may provide technical support to investigate payment references or implement an authorized adjustment. Each party remains responsible for refunds or remedies it owes under applicable law.

There is no blanket rule in this Agreement making all food orders, catering purchases, delivery charges, or memberships non-refundable. Any applicable conditions must be disclosed for the transaction and remain subject to mandatory rights.

Order cancellation, courier cancellation, authorization release, and payment refund are separate outcomes. Refund processing and the time a credit appears may depend on the payment provider and financial institution, without extending a legally required refund deadline.

You retain applicable rights to dispute a charge with your payment provider or seek other lawful remedies. An order problem must not be treated as resolved solely because its status was changed in the Application.

2.6 Price changes and unavailable items

If a price, discount, or availability issue is identified before completion, the revised terms should be shown for confirmation where required. This Agreement does not authorize a Restaurant or TOG to silently substitute a more expensive order or increase an already authorized payment.

If the transaction cannot proceed on the agreed terms, any cancellation, authorization release, or refund must be handled under the applicable transaction terms and law.

2.7 Memberships, promotions, and rewards

Membership fees, eligibility, benefits, duration, renewal arrangements, cancellation methods, and other material conditions must be disclosed for the relevant offer. A recurring membership charge requires the authorization and disclosures applicable to that subscription; accepting this general Agreement alone is not authorization for unspecified recurring charges.

Promotions and rewards apply only according to their disclosed conditions. Benefits for one Restaurant do not automatically apply at another. Discounts combine only where the applicable offer allows it. Promotional eligibility does not override an agreed total without the required customer confirmation.

2.8 Reservations and catering

Reservation deposits, no-show charges, catering deposits, change deadlines, and cancellation conditions apply only when properly disclosed and agreed for the relevant booking. This Agreement does not invent a deposit or no-refund policy for Restaurants that have not established one.

3. Ownership and Use Restrictions

3.1 Platform rights

TOG and its licensors retain their rights in the Application, software, designs, trademarks, and materials they create. Restaurants and other providers retain their rights in their respective content. Permission to use the Application does not transfer ownership of those rights.

3.2 Your information and content

You retain rights you hold in content you submit. You authorize TOG to process that content only as reasonably necessary to provide, support, secure, and administer the requested Services and as described in the Privacy Policy. This does not grant an unrestricted right to publish private order information or exploit it for unrelated purposes.

You may save and print your own receipts, transaction confirmations, and these terms for lawful use.

3.3 Restricted uses

Except where permitted by law or expressly authorized, you must not copy or commercially redistribute protected platform code or materials, bypass access restrictions, reverse engineer protected software, or use non-public platform information to create competing services.

These restrictions do not override applicable open-source licences, lawful interoperability rights, access rights to your own information, or the right to describe your experience truthfully.

4. Confidentiality

Non-public account information, private support communications, and information identified as confidential may need protection. Both parties should use such information only for the purpose for which it was properly provided and take reasonable steps to prevent unauthorized disclosure.

Confidentiality does not apply to information that becomes public without a breach, was already lawfully known, is independently developed, or is lawfully received without a confidentiality obligation.

TOG may disclose information to the Restaurant and authorized service providers where needed to provide the requested Services, subject to the Privacy Policy and applicable safeguards. Necessary disclosures to legal advisers or authorities are permitted where lawful.

Public menu prices, this Agreement, and your own experience are not made confidential merely by using the Application. Nothing prevents lawful reviews, complaints, protected disclosures, or exercising privacy rights.

5. Personal Information and Customer Communications

5.1 Restaurant collection and TOG processing

The Restaurant identified on the storefront collects relevant Customer information through the Application for its orders, reservations, customer service, recordkeeping, and other properly disclosed activities. TOG receives, hosts, organizes, transmits, and otherwise processes those records to provide the technology. Information is not necessarily held only on the Restaurant’s premises or devices.

The Restaurant determines the purposes of its own customer relationship and is responsible for its notices, instructions, permissions, and handling of records it prints or exports. TOG also has responsibilities for its own platform, account, security, support, and analytics activities. Calling TOG a technology provider does not remove those responsibilities.

The Orderance Customer Privacy Policy, made available through the Application, explains the information processed, recipients, permitted uses, retention, safeguards, international processing, and privacy rights. Contact [email protected] for privacy questions or a copy.

5.2 Authorized Partners and marketing

An authorized Partner may assist a Restaurant with collecting and maintaining customer information, operating a branded storefront, migrating records, reporting, customer service, and lawful marketing or loyalty campaigns. This can include managing permitted audiences, sending Restaurant communications, and measuring campaign performance.

These activities must remain within the applicable authorization, notice, lawful basis, and Customer choices. A reseller relationship or Restaurant instruction does not grant unlimited rights over Customer information. A Partner proposing an independent use, such as its own marketing, must identify that use and satisfy the applicable disclosure and consent requirements.

Accepting this Agreement, placing an order, joining a membership, or using a shared account is not blanket consent to unrelated marketing, optional tracking, sale of customer lists, or sharing between unrelated businesses. Where promotional email or SMS requires consent, the appropriate consent, sender identification, and unsubscribe mechanism are required. Unsubscribing does not require closing your ordering account.

5.3 Providers, analytics, and service communications

Relevant information may be passed to providers such as Stripe or Moneris for payments, Uber Direct or another selected courier for delivery, and messaging, infrastructure, mapping, or analytics providers for their authorized functions. TOG, the Restaurant, and authorized Partners may analyze relevant order, membership, delivery, and campaign information for the purposes explained in the Privacy Policy and subject to applicable permissions.

Order confirmations, delivery updates, payment notices, and necessary account messages are separate from optional promotions. An email or text about an existing transaction does not, by itself, authorize a different marketing program.

5.4 Sensitive information and rights

Provide only information relevant to the requested service. Allergy and accessibility instructions may be sensitive and must be handled accordingly. Their presence in an order is not permission to use them as marketing-profile information. Do not put full payment credentials, security codes, passwords, or unrelated sensitive records into notes or support messages.

Neither this Agreement nor a Restaurant’s ownership of its business records removes your rights over personal information. Privacy requests may be submitted to the relevant Restaurant or to [email protected], according to the activity concerned. TOG will handle matters within its responsibility and coordinate Restaurant-directed requests as appropriate.

6. Warranties and Service Limitations

6.1 Your authority

You represent that you have the capacity and authority required to enter the Agreement and make the requested transaction. You must not knowingly provide false payment or account information or impersonate another person.

6.2 Availability and technical limitations

TOG does not promise uninterrupted operation, an error-free Application, or continuous availability of every third-party integration. Maintenance, network conditions, device limitations, and provider interruptions can affect service.

TOG will use reasonable care in providing its technology services and addressing reported problems. An availability limitation is not permission to knowingly misrepresent an order’s outcome or retain a payment that must legally be returned.

6.3 Food and third-party services

TOG does not make an independent guarantee about a Restaurant’s food, ingredients, kitchen practices, or physical fulfillment. Restaurant and provider representations and applicable legal obligations remain with the party responsible for them.

To the extent legally permitted, TOG gives no additional implied guarantee that the Application will meet every individual preference or work with every device or third-party system. Mandatory consumer guarantees and responsibilities for TOG’s own conduct remain unaffected.

7. Limitations of Liability

7.1 Scope

TOG is not the Restaurant simply because its technology transmits an order or supports payment and delivery integrations. Responsibility for a loss must reflect the relevant conduct, contractual obligations, and applicable law, not merely which brand appears on a screen.

7.2 Indirect losses

To the extent permitted by applicable law, TOG is not liable for indirect, consequential, special, or punitive losses, including consequential business losses of profit, revenue, or goodwill arising from use of the Application.

This exclusion does not convert a directly owed refund into an excluded loss or prevent recovery that applicable law requires.

7.3 Protected liabilities and remedies

No provision of this Agreement excludes liability for fraud, intentional misconduct, gross negligence, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded or limited. Mandatory privacy obligations and consumer rights remain in effect.

The absence of a separately charged platform-access fee does not, by itself, remove remedies you otherwise have. Legally required refunds and other non-excludable remedies are not limited to fees paid directly to TOG.

8. Indemnification

Neither party undertakes a separate contractual obligation under this Agreement to defend or indemnify the other against third-party claims. Each party remains responsible for obligations and liabilities imposed by applicable law. This section does not remove any statutory remedy.

9. Duration, Suspension, and Termination

9.1 Duration

This Agreement applies from your acceptance and continues while you use the Application, unless ended under this section. It does not renew a paid subscription merely because another month passes. A separately purchased membership has its own disclosed duration and renewal conditions.

You may stop using the Application. Account deletion and retention requests are handled under the Privacy Policy. Inactivity alone does not cancel an outstanding order, reservation, paid membership, or existing right.

9.2 Suspension

TOG may proportionately restrict access where reasonably necessary to address a security threat, unlawful conduct, suspected unauthorized use, or a material breach. Where practicable and lawful, TOG will explain the restriction and provide an opportunity to resolve a correctable issue.

An unsuccessful payment may prevent a particular transaction without automatically establishing misconduct or justifying indefinite account suspension.

9.3 Termination for breach

For a breach that can reasonably be corrected without continuing harm, TOG will ordinarily provide written notice and ten days to correct it before terminating access for that breach. Immediate restriction or termination may be used where necessary to prevent serious harm or meet a legal obligation.

Ending access does not automatically cancel a Restaurant transaction, erase its records, accelerate unspecified future charges, or remove refund or privacy rights. Contact TOG if a restriction prevents access to information needed for an outstanding transaction.

9.4 Continuing provisions

Accrued payment obligations, valid confidentiality and intellectual-property obligations, dispute provisions, and other terms intended by their nature to continue survive termination, subject to applicable law.

10. Third-Party Content and Services

Restaurants supply menu and fulfillment information. Other providers may supply payment, mapping, messaging, delivery, or tracking services. Examples include Stripe, Moneris, and Uber Direct where the Restaurant enables the relevant integration.

Their separate terms apply to their services when properly presented and applicable. Features may change if a third-party service or interface changes or becomes unavailable.

TOG does not control every third-party activity, but remains responsible for its own contractual and legal obligations. Use of an integration is not a blanket waiver of rights or authorization to transfer all Customer information. Relevant processing is explained in the Privacy Policy.

A third-party interruption does not automatically eliminate an entitlement to a refund or other remedy. You are not responsible for managing the Restaurant’s technical credentials, courier account, or provider agreements merely because you placed an order.

11. Monitoring and Service Analysis

TOG may collect and review technical and operational information reasonably needed to maintain, secure, and support the Application. This may include transaction references, status changes, application events, errors, and delivery or payment responses relevant to a reported problem.

Monitoring does not mean that a person continuously watches every transaction or verifies that each order was physically prepared or delivered. The Privacy Policy governs related personal-information processing.

TOG may create aggregated or appropriately de-identified service analyses to understand reliability, performance, and use. Restaurants and their authorized Partners may also use permitted reports about sales, order trends, membership usage, campaign performance, delivery costs, and fulfillment duration for the disclosed purposes described in the Privacy Policy.

Identifiers linked to an individual or transaction are not necessarily anonymous. Ownership of a report does not override privacy rights, authorize publication of identifiable customer records, or allow unrelated marketing. Data made available across unrelated business accounts must be limited to an appropriately authorized disclosure or genuinely anonymous information.

12. Export and Trade Compliance

You and TOG must comply with applicable export, import, sanctions, and trade restrictions relevant to access to or provision of the Application. TOG may restrict access where legally required. This section does not impose a separate trade-compliance responsibility on a Customer for the Restaurant’s independent operations.

13. Events Beyond Reasonable Control

A party is not responsible for a delay to the extent it is directly caused by circumstances beyond its reasonable control that could not reasonably have been prevented or overcome. Examples may include major power or telecommunications failures, natural disasters, or binding government restrictions.

The affected party must take reasonable steps to limit the disruption. This provision does not excuse a party’s own avoidable failures or remove rights to cancellation, repayment, or other remedies that applicable law preserves. It does not authorize retention of money merely because an unfulfilled transaction was interrupted by an external event.

14. Governing Law and Disputes

Subject to mandatory consumer protections, this Agreement is governed by the laws of Alberta and the federal laws of Canada applicable there. The courts of Alberta have non-exclusive jurisdiction over disputes concerning it.

This choice does not deprive you of mandatory protections or access to courts available under the law applicable to you. This Agreement does not require mandatory arbitration, waive class-proceeding rights, or shorten an applicable statutory limitation period.

15. Assignment

You may not transfer another person’s access to your account or assign obligations under this Agreement without TOG’s consent, except where permitted by law. Consent to a lawful assignment will not be unreasonably withheld.

TOG may assign its rights and obligations in connection with a lawful business transfer, subject to applicable notice, privacy, and consumer-protection requirements. An assignment does not remove obligations already owed to you or permit an undisclosed change in the purposes for which personal information is processed.

16. General Provisions and Contact

16.1 Independent organizations

TOG, Restaurants, and partners are separate businesses unless an actual arrangement states otherwise. This Agreement does not establish a partnership or employment relationship between you and TOG.

A partner’s referral, support, or billing role does not authorize it to make undisclosed commitments on TOG’s behalf. These descriptions do not override any agency or responsibility that exists under the actual arrangement or applicable law.

16.2 Notices and assistance

TOG / Orderance Customer Support
Address: 11033 127 St, Edmonton, AB, Canada
Email: [email protected]

Contact the Restaurant for menu, food, preparation, delivery, reservation, or food-order refund questions. Contact TOG for platform issues, this Agreement, or TOG’s handling of personal information. Do not send passwords or full payment credentials.

Notices may be delivered through appropriate contact methods, subject to applicable requirements. Neither a support request nor informal discussions automatically extend a legal filing deadline. You may contact a regulator or use a lawful remedy without first obtaining TOG’s permission.

16.3 Language and enforceability

Ask for clarification before proceeding if you do not understand a provision. Mandatory language and translation rights remain unaffected. No automatic English-language priority overrides such rights.

If a provision cannot lawfully be enforced, it applies only to the extent permitted, and the remainder continues where legally possible. A delay in enforcing a right does not automatically waive it.

16.4 Changes

TOG may update this Agreement with a revised date and any notice or fresh agreement required by law. Material changes will not retrospectively reduce rights relating to an existing order or paid service. A website update alone does not authorize new charges, renewals, or additional personal-information processing requiring consent.

17. Entire Agreement and Relationship to Other Terms

This Agreement, the Privacy Policy for its stated subject matter, and any additional TOG service terms properly presented and accepted form the agreement concerning your customer use of the Application.

Restaurant transaction terms apply to the Restaurant’s sale or booking only when properly disclosed and applicable. Restaurant or reseller agreements with TOG do not automatically bind a Customer who did not accept them.

If terms conflict, mandatory law prevails. Properly agreed transaction-specific terms apply to the relevant transaction without silently changing privacy choices or platform terms. No integration or entire-agreement clause excludes liability for fraud, misrepresentation, or other matters that cannot lawfully be excluded.

When adopted and properly presented, this Agreement is intended to replace an earlier TOG customer ordering agreement prospectively, not coexist with conflicting versions for the same new transaction. Earlier transactions retain the rights applicable when they were made.

18. Definitions

Application: The Orderance-powered customer interfaces and related TOG services covered by this Agreement, including authorized branded interfaces that display it.

Customer: The person using the Application for an order, reservation, membership, or related customer service.

Restaurant: The participating business supplying the food or restaurant service requested through the Application and collecting Customer information for its transaction and other properly disclosed business activities.

Partner: An authorized reseller, agency, or other service business assisting a Restaurant with the Application, account support, customer-record administration, reporting, or permitted marketing. A Partner’s independent activities remain subject to its own obligations and the applicable notice and permissions.

Order: A customer request or confirmed transaction for the items and fulfillment disclosed in the checkout, according to its stage and applicable transaction terms.

Third-Party Content or Services: Information, software, products, or activities supplied by an independent Restaurant or provider, rather than created or performed by TOG.

Your Content: Information and material you provide through the Application. This definition does not transfer ownership of personal information or override rights under privacy law.

Privacy Policy: The Orderance Customer Privacy Policy made available with the Application. A copy may be requested from [email protected].