Terms of Service

    Orderista End User Terms of Service

    These “Orderista End User Terms of Service” (“Terms of Service”, “ToS”) are intended to govern the relationship between an end user of one of our Partners (“End User”, “You”) with Orderista, a legal partnership duly registered under the Laws of Malta (“Orderista”).

    You are requested to duly review these Terms of Service prior to accessing and/or using any of our products and/or services.

    By accessing and/or using any of our products and/or services, including, without limitation, by placing or attempting to place any order with one of our Partners using our products and/or services (regardless of whether such order is successful or otherwise and/or fulfilled or otherwise) you will be deemed to have accepted the latest version of these ToS in full and without reservation.

    These ToS were last updated on 19th of October 2025.

    Updates. We may update this Privacy Policy from time to time to reflect changes in our practices or in law. We will update the effective date accordingly. Please review periodically.

    Accessing our products and/or services:

    Subject to these ToS, you may access our products and/or services in any venue wherein our products and/or services are made available in agreement with one of Partners. We are, however, under no obligation whatsoever to provide our products and/or services to you or in general, and we accept no liability whatsoever for the full or partial non-availability (be it temporary in nature or otherwise) of our products and/or services at any point, including, without limitation, at any point during the course of your placement of an order with one of our Partners using our products and/or services.

    Without prejudice to the generality of the foregoing, in the event that an unscheduled and unforeseen downtime in our products and/or services results in the erroneous processing of a payment from our end without the corresponding order being relayed by us to the relevant Partner, we shall endeavour to refund you the full amount paid, subject to third-party Payment Service Provider agreement. We shall, however, not be liable in any manner whatsoever for any delays in the processing of your order or any other issues of whatever nature in relation to the processing and/or fulfilment of your order by our Partner due to such downtime.

    To properly access any of our products and/or services, you may need to do so from a device which meets certain common technical standards (including, without limitation, having the latest version installed of the relevant operating software and/or web browser and have our products and/or services designated as “safe”). We are not responsible in any way for the manner in which our products and/or services are displayed on your device if this is primarily or exclusively due to your device not meeting such common technical standards. We also reject any responsibility for any issues and/or errors you may encounter in accessing our products and/or services as a result of inadequate or faulty internet connection, and other technical issues which are reasonably outside of our control.

    Notwithstanding the specificity of the foregoing, by accessing our products and/or services, you acknowledge and agree that we shall provide these to you without any warranty, express or implied, as to the suitability, merchantability and fitness for purpose of the products and/or services. We further disclaim any warranty, express or implied, that the products and/or services will be delivered to you free of viruses, malware, bugs, defects, and errors. You acknowledge and consent to receive our products and/or services “as is”.

    Placing an order with our Partners

    You may use our ordering platform to place an order with one of Partners by scanning the relevant QR code and/or accessing the URL (link) made available to you at the Partner’s designated venue (e.g. premises or event). You may not place an order when you are not physically at the designated venue and we or the Partner reserve the right to cancel any order placed by any individual not being physically present at the designated venue when placing such order.

    In order to use this service, you may be required to provide a name, phone number and an email address. Your email address is used to send you a confirmation of your order, your receipt, to collect your feedback and will be shared with the Partner where you have placed your order, in case they need to contact you regarding your experience.

    Orderista is not responsible in any way for, and expressly rejects any and all liability of whatsoever nature resulting from:

    • i) the nature, quality, and or merchantability of any products and/or services offered by our Partners;
    • ii) the availability or otherwise of any of our Partners’ products and/or services (including, without limitation, instances where a Partner fails to update its listing on our ordering platform to reflect availability in real-time); and
    • iii) any issues arising from, or otherwise relating to, the provision of the products and/or services by our Partners to you.

    Our Partners are solely and exclusively responsible, and are legally bound with us (without any obligation on our part to ascertain compliance) to, keep their listings of products and/or services available for ordering through our platform accurate, updated, and compliant with all applicable laws and regulations. In particular, and without prejudice to the generality of the foregoing, each Partner must ensure that any material information concerning their products and/or services available for ordering through our platform is duly informed. We do not exercise any direction or control whatsoever over our Partners in this regard, and resultantly, to the maximum possible extent permitted by law, we disclaim any and all liability for any incorrect and/or missing information concerning any of the products and/or services listed on our platform by our Partners. Without prejudice to the generality of the foregoing, in particular relation to Partners operating in the hospitality industry where food and beverage items are made available for order and consumption, we expressly disclaim any and all liability for any absence or inaccuracy (whether express or implied) of any ingredient and/or allergen information and/or similar disclosures which are legally mandatory when offering such food and beverage items for public sale and consumption. We cannot guarantee that this information is complete and up to date. It is your responsibility to request any confirmation or additional information directly from the relevant Partner. By accepting these Terms of Service, you acknowledge and agree with the foregoing, and further agree to indemnify and hold harmless Orderista for any and all liability resulting from any missing and/or inaccurate information as outlined in this present section, to the maximum possible extent permitted by law.

    Certain Partners may hold alcoholic beverage licenses and sell alcoholic beverage products. We act as a third-party technology provider to, and facilitate payment processing on behalf of, our Partners, and have no responsibility or liability to you or any other person for any alcoholic beverage products which you may purchase from a Partner or for any Partner’s compliance with applicable laws, including without limitation, local regulations regarding the sale of alcohol. By placing an order through our ordering platform for alcoholic beverage products, you represent and warrant that

    • i) you are eighteen (18) years or older.
    • ii) you are not procuring alcoholic beverage products for a person under eighteen (18) years of age
    • iii) you will provide a valid ID evidencing that you are eighteen (18) of age or older to the Partner on request. and
    • iv) you are purchasing alcoholic beverage products for your personal consumption and not for any commercial purpose or resale.

    Once an order is successfully placed by you through our platform, we will seek to relay the details thereof to our Partner, who will have the right to accept, amend, suspend, or reject your order. The conditions for the realisation of the orders (placing, follow-up, execution) are under the sole responsibility of the relevant Partner. We do not accept any liability for any order that is not accepted in full by any of our Partners. In the event that an order is paid for via credit/debit card and is not accepted in full, we shall, upon being duly notified by the relevant Partner of such partial/total rejection, refund you the amount corresponding to the part of the order rejected. In the event of an order paid for in cash, it shall be the relevant Partner’s sole and exclusive responsibility to process payment for the correct and duly accepted portion of an order, and we accept no liability whatsoever for any error made by the Partner in processing the correct cash payment.

    Paying for orders on our platform

    We generally accept debit and credit cards, as well as cash for our orders. Certain Partners might opt not to accept cash for orders placed with them through our platform, and we shall not be liable in any manner whatsoever for the Partner’s decision not to accept cash payments.

    We offer no warrantee of whatsoever nature as to the availability and functionality of any payment method or acceptance of any individual credit/debit card.

    We engage a third-party Payment Service Provider (Stripe) to process any credit/debit card payments on our behalf. By accepting these ToS and placing an order through our ordering platform, you accept Stripe’s own Terms of Services (LINK).

    Intellectual Property Rights

    Orderista holds all rights, including intellectual property rights, and authorisations, relating to all content of any and all products and/or services we offer (including, without limitation, the ordering platform), including designs, text, graphics, images, photographs, illustrations, visuals, videos, information, logos, trademarks, designs, button icons, software, databases, audio files and other elements (together the “IP”).

    We grant you a limited, revocable, non-exclusive, non-transferable and strictly personal right of access to our products and/or services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material related to our products and/or services. Your use of our products and/or services does not grant unto you any right to claim any intellectual property rights of any kind on all or part of them, and no assignment or licence being granted to you beyond the right of use provided herein.

    Our name, the term “Orderista,” our logo and all related names, logos, product and service names, designs, and slogans are trademarks of Orderista or its affiliates or licensors. You must not use such marks without the prior written permission from us. All other names, logos, product and service names, designs, and slogans found on our products and/or services (including, without limitation, the ordering platform) are the trademarks of their respective owners. Any use of all or part of the aforementioned elements, without our express, prior and written authorization and/or that of our Partners, is strictly forbidden, under penalty of criminal and civil proceedings, subject to the exceptions provided for by the law and regulations in force.

    When you post reviews via our ordering platform or providing us with your feedback, you are confirming that you have the right to use the same and grant us the right to use those materials at our sole discretion (with or without accreditation) and for any purpose, including without limitation, to edit, copy, sub-license, reproduce, disclose, post and remove such materials from our ordering platform. You give us the right to use those materials for as long as your content is protected by intellectual property rights.

    Warranties and Representations; Liability

    By agreeing to these ToS and using any of our products and/or services, you warrant and represent that you shall not:

    • provide inaccurate information in the data collection forms throughout our products and/or services;
    • disseminate data, information or content on or through our products and/or services contrary to the laws and regulations in force, public order or morality;
    • refer or create links to any content or information available on our products and/or services without our express, written and prior consent;
    • use any information, content or data on our products and/or services to provide a service that we deem, in our sole discretion, to be competitive with Orderista;
    • sell, trade or monetise any information, content or data on our products and/or services or the User Services without our express prior written consent;
    • reverse engineer, decompile, disassemble, decipher or otherwise attempt to obtain the source code of any proprietary material;
    • use any manual or automated software or devices, robots or other means to access, explore, retrieve or index any page of our products and/or services;
    • endanger or attempt to endanger the security of our sites or applications, including attempts to monitor, scan or test the vulnerability of any system or network or to breach security or authentication measures without express prior authorisation;
    • infringe or use any of our intellectual property rights;
    • simulate the appearance or operation of our sites or applications, for example by using a mirror effect;
    • directly or indirectly disrupt or interfere with any of our products and/or services, or impose a disproportionately large load on our infrastructure or attempt to transmit or activate computer viruses through or on our products and/or services.

    In any event, under no circumstances shall we be liable for any indirect or consequential loss or damage to you or any third party, including without limitation any lost profits, inaccuracy or corruption of files or data or loss of opportunity in connection with the Terms on any basis whatsoever.

    We will not be liable for any breach of these Terms caused by events, circumstances or causes beyond our reasonable control.

    Our Partners are required to perform their obligations in compliance with the applicable legal and regulatory conditions. We cannot be held responsible for acts or omissions outside of our control, in particular, for the failure of our Partners to comply with their obligations, for any damage caused to you or to any third party by the products and/or services of our Partners, including in particular in the event of intoxication, for any prejudice resulting from your fault or that of our Partners, or from an event attributable to a third party or to a case of Force Majeure.

    You are solely responsible for the reviews you may leave through our ordering platform. You release us from any action, claim, condemnation or eviction relating to your use of the ordering platform and/or any of our other products and/or services, for any reason whatsoever, in particular on the basis of the infringement of third-party rights or unfair competition, in any country whatsoever. In such a case, you agree to provide any assistance necessary for our defence. In addition, you agree to assume the full cost of any judgement rendered against us, and all costs, expenses, and attorney’s fees that may result for us. More generally, you agree to fully indemnify us for any direct economic and financial consequences that may result.

    You may not blame us for the non-receipt or loss of data transmitted on or through any of our products and/or services, on any grounds whatsoever and for any reason whatsoever, and you must ensure that you keep a backup of such data.

    General Provisions

    These Terms of Service are to be governed by and construed in accordance with, the provisions of the Laws of Malta. The Courts of Malta shall have exclusive jurisdiction with respect to any dispute concerning the interpretation and/or applicability of any of the provisions of these Terms of Service. This provision is without prejudice to your rights as a consumer to lodge a complaint with the Malta Competition and Consumer Affairs Authority (MCCAA) via https://mccaa.org.mt/home/complaint.

    Should any provision of these Terms of Service or any part thereof be deemed unenforceable, the remaining portion of such provision not deemed unenforceable, as well as any other provision herein shall remain in full force and effect.