Terms and Conditions

1. Introduction

Welcome to ODEX (Order & Dining Experience), a digital platform for restaurant ordering and management operated by Xamlu Group, based in Dakar, Senegal. These Terms and Conditions govern your use of the ODEX website, mobile application, and related services. By accessing or using ODEX, you agree to be bound by these terms. If you do not agree, please do not use our services.

2. Definitions

• Platform: The ODEX website and mobile application accessible at www.odex.click
• User: Any person who accesses or uses the Platform, including customers and restaurant owners.
• Restaurant: A food service establishment registered on ODEX to receive orders and manage operations.
• Service: The digital ordering, payment, and restaurant management features provided by ODEX.

3. Eligibility and Account Registration

To use ODEX, you must be at least 18 years old or have the consent of a legal guardian. By creating an account, you represent and warrant that:

• The information you provide is accurate, complete, and current.
• You will maintain the security of your account credentials.
• You will promptly notify us of any unauthorized use of your account.
• You are responsible for all activities that occur under your account.

Restaurant owners must provide a valid NINEA (Numéro d'Identification National des Entreprises et Associations) and business registration information when applicable.

4. Service Description

ODEX provides the following services:

• For customers: Digital menu browsing, table ordering via QR code, cart management, and order tracking.
• For restaurants: Menu management, QR code generation, real-time order pipeline, table management, staff accounts, financial reporting, and subscription management.

ODEX acts as a technology platform facilitating orders between customers and restaurants. We are not a party to the food service contract between the customer and the restaurant.

5. Payments and Subscriptions

For customers: Orders can be paid at the counter (cash), or via Wave Mobile Money for online payment where available. Payment processing is handled by third-party providers (Wave). ODEX does not store credit card or mobile money PIN information.

For restaurants: ODEX offers subscription plans (Starter, Pro, Enterprise) with a 60-day free trial. All subscription fees are quoted in West African CFA Francs (XOF) and are non-refundable except where required by law.

Subscription fees are billed monthly. Failure to pay may result in suspension of services. Restaurants may cancel their subscription at any time, but no refunds will be issued for the current billing period.

6. Restaurant Responsibilities

Restaurants registered on ODEX agree to:

• Provide accurate and up-to-date menu information, including prices, descriptions, and availability.
• Honor all orders placed through the Platform in a timely manner.
• Comply with all applicable food safety, health, and business regulations in Senegal.
• Not use the Platform to sell illegal, counterfeit, or harmful products.
• Maintain the quality of food and service as advertised on the Platform.
• Promptly update item availability to prevent customers from ordering unavailable items.

7. Customer Responsibilities

Customers using ODEX agree to:

• Provide accurate contact information when placing orders.
• Be present at the designated table or pickup location when the order is ready.
• Pay for orders as agreed upon at the time of ordering.
• Not misuse the waiter call feature or place fraudulent orders.
• Respect restaurant staff and property.

8. Intellectual Property

All content, code, designs, logos, and materials on the ODEX Platform are the intellectual property of Xamlu Group and are protected by copyright, trademark, and other laws of Senegal and international treaties. The ODEX name, logo, and tagline are registered trademarks.

You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of our software, without our written permission.

9. Data Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using ODEX, you consent to our privacy practices as described in the Privacy Policy.

10. Limitation of Liability

ODEX is provided on an "as is" and "as available" basis. To the maximum extent permitted by law:

• ODEX is not liable for any direct, indirect, incidental, special, or consequential damages arising from your use of or inability to use the Platform.
• ODEX does not guarantee uninterrupted or error-free service.
• ODEX is not responsible for the quality, safety, or legality of food items provided by restaurants.
• ODEX is not responsible for delays caused by restaurants, payment providers, or technical issues beyond our control.

Our total liability for any claim arising from these Terms or your use of the Platform shall not exceed the amount you paid to ODEX in the 12 months preceding the claim, or 100,000 XOF, whichever is greater.

11. Indemnification

You agree to indemnify, defend, and hold harmless ODEX, Xamlu Group, and our affiliates, officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Platform, your violation of these Terms, or your violation of any rights of a third party.

12. Termination

We may suspend or terminate your account and access to the Platform at any time, without prior notice, for any reason, including but not limited to:

• Violation of these Terms.
• Fraudulent or abusive behavior.
• Non-payment of subscription fees.
• Legal or regulatory requirements.

You may terminate your account at any time by contacting us. Upon termination, all licenses and rights granted to you will cease immediately.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of Senegal. Any dispute arising from these Terms or your use of the Platform shall be resolved amicably through negotiation. If negotiation fails, disputes shall be submitted to the courts of Dakar, Senegal.

For any disputes related to consumer protection, you may also contact the Ministère du Commerce, de la Consommation et des PME or the Direction de la Protection des Consommateurs in Senegal.

14. Changes to These Terms

We may update these Terms from time to time. We will notify users of significant changes by posting the updated Terms on the Platform and updating the "Last updated" date. Your continued use of the Platform after changes constitutes acceptance of the revised Terms.

15. Contact Information

If you have any questions, concerns, or complaints about these Terms or the Platform, please contact us: