Limitation of our liability
Ordo is our business that we started from scratch and so we try to make it as good as we can for as much of the time as is possible. Legally what this means is, we will use our reasonable endeavours to run the Ordo Service 24 hours a day, 7 days a week, and we will use reasonable care and skill. We would be unrealistic (and silly) to claim that everything will be perfect all of the time, so we have the following parameters:
- the Ordo Service is provided on an “as is” and “as available” basis;
- we can’t and don’t make any warranties, claims or representations with respect to the Ordo Service including, without limitation, quality, performance, non-infringement, merchantability or fitness for use for a particular purpose. We do not represent or warrant that availability or use of the Ordo Service will be uninterrupted, timely, secure, error-free or virus-free. We do not accept responsibility or liability for a failure of your mobile network, or internet provider, or any losses or damage suffered as a result, as this is outside our control and your responsibility (as well as keeping all such connecting devices safe and secure and paying any mobile, data and/or internet connection and service charges);
- we will use reasonable endeavours to ensure that the Ordo Service doesn’t contain or spread any viruses or other malicious code. However, for good order and to help keep everyone as safe as everyone can be, we recommended that you virus check all information and devices and regularly check for the presence of viruses and other malicious code. We exclude to the fullest extent permitted by applicable laws all liability in connection with any damage or loss caused by computer viruses or other malicious code originating or contracted from the Ordo Service;
- you should note that the transmission of information via the internet is not completely secure and, aside from possibly receiving an emailed or SMS invitation to join the Ordo Service, we have our own secure network and do not use the public internet, and we do everything we can to keep all the information we have safe and secure. We believe the steps and precautions we are take are appropriate technical and organisational measures to guard against unauthorised or unlawful processing of your personal data and against loss or destruction of, or damage to, your personal data but we can’t guarantee the security of your personal data. Any transmission of personal data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our platform and we exclude to the fullest extent permitted by law all liability in connection with the circumvention of any privacy settings or security measures contained on our platform; and
- where you are using our account information service to give you a view of your accounts, balances and payments, we are not responsible for the accuracy of information we receive from the organisations that you have accounts with, we will relay the exact information we are given.
The Ordo Service may include information and attachments from billers and links to other websites (eg the web site of the business sending a bill). However, these will have been submitted by the biller and we don’t see them (this protects your privacy) and we’re therefore not responsible for the information, content, link, content of any external website or the conduct of any business or individual generating any such information, attachments, links or websites.
We will not be liable in the event the Ordo Service is proven to be faulty unless a claim is notified to us in writing (including all the details we would need to identify the smart request(s), payer and biller involved) within 35 days of the smart request in question being sent (if a complaint is being made by the biller) or read (if a complaint is being made by a payer). In the case of a valid claim, we’ll follow our complaints policy. We will have no further liability to you in respect of that claim.
If something has gone awry, we’re sorry about that. We’d like it very much if you’d get in touch so we can work it out. Drop us a line at firstname.lastname@example.org so that we can do our best to help
If you feel like you want to make things more formal and raise a complaint, we’re here to get things resolved equally as quickly and you should get in touch with us also at: email@example.com.
We, our agents, directors, officers, shareholders, employees and subcontractors of us and our subsidiary will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise, for any:
- loss of revenue, data, sales or business, agreements or contracts, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption;
- loss or corruption of data; or
- indirect, special or consequential loss, damage, costs or other claims, howsoever caused or arising, including where arising directly or indirectly from any failure or delay in performing any obligation under these terms caused by matters beyond our reasonable control. Except as expressly stated elsewhere in these terms, all representations, warranties, conditions and other terms, whether express or implied (by common law or statute) are hereby excluded, except in the case of fraud, death and personal injury, or where such exclusion is not permitted by law.
Our aggregate liability relating to you, arising out of or in connection with our terms, us or the Ordo Service, shall be limited to losses that are reasonably foreseeable and which arose because of our breach of these terms or negligence (except in relation to death, personal injury, or fraudulent misrepresentation which we do not limit) and will not exceed the amount you have paid us in the past twelve months.
All views of your payments, accounts and smart requests (sent and received) and all the payment capability within the Ordo Service are to help you manage your own payments and finances. We do not recommend any particular action (or inaction), we’re not your advisors, you need to make your own decisions about your own payments, accounts and finances.
The Ordo Service is the instant and secure messaging and communication service allowing billers and Payers to simply, swiftly and securely send and receive bills and payments. Ordo is not responsible for collecting or holding money, lending or ensuring bills are affordable, paid, actioned or read.
Indemnification – covering our losses
You will indemnify us (which means you’ll cover our losses), our subsidiary, and our directors and officers from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable solicitors’ fees) caused by or arising from your use of the Ordo Service, your violation of these terms or your infringement of any intellectual property or other such right of any third party.