Welcome to The MenuZ This page (together with the documents referred to in it) tells you the terms (the “Terms”) which apply when you view menus, or order any menu items (the “Items”) from our The MenuZ web application, or mobile applications and related services (each referred to as an “Application”).
Please read these Terms carefully before ordering any Items from our Application. If you have any questions relating to these Terms please contact Support@themenuz.com before you place an order. If you are a consumer, you have certain legal rights when you order Items using our Application. Your legal rights are not affected by these Terms, which apply in addition to them and do not replace them. By setting up your The MenuZ account, or ordering an Item using our Application you confirm that you accept these Terms.
The MenuZ is operated by By technology Inc., a company incorporated and registered in Canada. You may contact us at Support@themenuz.com.
We partner with (“Partner Restaurants”) and our objective is to allow you to access their menu using your mobile device, and order Items, or call a waiter (our “Service”) while dining at the restaurant without further interacting of waiting staff. Where you order at a Partner Restaurant, The MenuZ acts as an agent on behalf of that Partner Restaurant to conclude your order from our Application and to manage your experience throughout the order process.
You have the option to create an account to place an order. When you open an account, you may create a password, or other secure login method, and may also have to provide credit card details. You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you will be responsible to pay for any Items they order, and we are not responsible for any other losses you suffer, unless the person using your password obtained it because we did not keep it secure. You may close your account at any time by requesting to do so in your account section of our website or contacting us using the contact details above. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff, or any other good reason). If we close your account permanently we will refund any remaining account credit you have validly obtained from our customer service team or Application following any issue with an order, by applying a credit to your registered credit card, or if that is not possible for any reason, by way of a bank transfer using bank details (provided you have supplied them to us).
Our Partner Restaurants each decide their own operating hours. That means that the availability of our Service, depends on the Partner Restaurants that you chose to visit.
When you place an order through our Application, it needs to be confirmed by the Partner Restaurant. In some cases, we indicate the order status and change it to “confirmed” if your order has been confirmed and will be processed. You are responsible for paying for all Items ordered using your account, or mobile device, and for complying with these Terms, even if you have ordered the Item for someone else. All Items are subject to availability. Partner Restaurants may use nuts or other allergens in the preparation of certain Items. Please ask staff at our Partner Restaurant prior to ordering if you have an allergy. The MenuZ cannot guarantee that any of the Items sold by our Partner Restaurants are free of allergens.
Age restricted products (including, without limitation, alcohol, tobacco and cigarettes) can only be sold and provided to persons of legal drinking age or over which might differ from country to country. By placing an order for an age restricted product, you confirm that you are at least of legal age in the country.
You may cancel an order without charge at any time before the Restaurant Partner has started preparing the food. If you wish to cancel an order, please contact the Restaurant Partner’s staff directly, or via our Application.
The MenuZ and the Partner Restaurant may notify you that an order has been cancelled at any time. You will not be charged for any orders cancelled by us or the Partner Restaurant.
Prices does not include TAX but includes VAT (in countries with VAT). You confirm that you are using our Service for personal, non-commercial use unless you request a VAT invoice. The MenuZ may operate dynamic pricing some of the time, which means that prices of Items may change while you are browsing. Prices can also change at any time at the discretion of the Partner Restaurants. The MenuZ is not responsible for the prices as they are set by the Partner Restaurant. The total price of your order will be set out on the order page on our Application, including the prices of Items and taxes.
Payment for all Items must be made either through The MenuZ mobile application or at our Restaurant Partner using payment methods available. In case the prices shown in the Application differ from the prices indicated on the final bill of the Restaurant Partner, the latter is the price to be paid.
You have the option to pay directly to the Restaurant Partner or complete payments through third-party Payment Page. If you opt to pay through Third-party Payment Provider, you will be directed to Third-party Payment Page. You acknowledge that we do not collect your payment information and we have no control over Third-party’s policies. Third-party Payment Providers is/are Third-party Service, as defined in this document. We advise you to review Third-party Payment Provider’s policies before processing any payments through their service.
The Cafe or Restaurant, will have 2 options to choose from at any time through the website, Option 1: enable paying through Third-Party Payment Page on The MenuZ app. Option 2: disable paying through The MenuZ app. Which will make the customers pay at the cashier.
The Customers, can choose of the following options, Option 1: Pay through the Third-Party Payment Page on The MenuZ App, Option 2: Pay at the Cashier.
Partner Restaurants sometimes make special offers available through our Application. These are visible when you look at a Partner Restaurant menu. These offers are at the discretion of the Partner Restaurants. Unless the offer terms state a fixed or minimum period for which an offer will be available, it can be withdrawn at any time, unless you have already placed an order based on the offer and we have sent the Confirmation Notice.
When you place an order, a tip or gratuity is not included. You can choose to add any tips or gratuity when settling your final bill at the Restaurant Partner.
If either we or you have any right to enforce these Terms against the other, that right will not be lost even if the person who has the right delays enforcing it, or waives their right to enforce it in any instance. If a court or other authority decides that any part of these Terms is illegal or ineffective, the rest of the terms will be unaffected and will remain in force.
We may change these Terms from time to time. If we make any changes which affect your rights in relation to our Service, we will notify you. Changes to the Terms will not affect any orders you have placed where we have sent the Confirmation Notice. These Terms are governed by laws of the province of Ontario and federal laws of Canada and you can bring legal proceedings in relation to our Service in the Ontario courts.
Furthermore, any terms of service of the particular Restaurant Partner apply, and their right of admission remains untouched by The MenuZ’s terms of service.
The MenuZ is operated by By Technology Inc., a company incorporated and registered in Canada You may contact us at firstname.lastname@example.org
These website terms and conditions of use for The MenuZ, constitute a legal agreement and are entered into by and between you and By Technology Inc. (” Company,” “we,” “us,” “our”). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions”), govern your access to and use, including any content, functionality, and services offered on or through The MenuZ (the “Website”).
By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Access to our Site and to our Service is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Site or our Service without notice (see below). We will not be liable if, for any reason, our Site or our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts our Site or our Service, or our entire Site or Service to users who have registered with us. You are responsible for maintaining the confidentially of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact email@example.com straight away to let us know. We can deactivate your account at any time.
You may use our Service only for lawful purposes. You may not use our Site or our Service in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in the clause below. You also agree not to access without authority, interfere with, damage or disrupt any part of our Site or our Service or any network or equipment used in the provision of our Service.
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a user’s internet connection are aware of these Terms and Conditions and comply with them. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.
These content standards apply to any and all material which you contribute to our Service (the “Contributions”), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contributions as well as to its whole. Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in Ontario and in any country from which they are posted. Contributions must not:
The actions described above in this clause are not limited, and we may take any other action we reasonably deem appropriate.
You waive and hold harmless the company and its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers and successors from any and all claims resulting from any action taken by the company relating to any, investigations by either the company or by law enforcement authorities.
We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third-party, subject to applicable laws.
You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. The Company name, the brand name The MenuZ, theMenuZ, TheMenuz, themenuz, and the menuz, the Company logo, and all related names, logos, product and service names, designs, images and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on this Website are the trademarks of their respective owners including our Restaurant Partners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:
(a) your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
(b) one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by our end user licence agreement for such downloads; and
(c) In the event social media platforms such as Facebook, Instagram and You Tube if need to specify are linked to certain content on our Website, you may take such actions as our Website and such third part social media platforms permit.
Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print off, copy or download any part of our Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
Commentary and other materials posted on our Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Service, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including from other users and third part licensors. All statements and/or opinions expressed in any such third part content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. Neither the Company nor its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors have any responsibility or liability whatsoever to you, or any third-party, for the content or accuracy of any third part materials.
We aim to update our Site and our Service regularly, and may change the content at any time. If the need arises, we may suspend access to our Site and our Service, or close them indefinitely. Any of the material on our Site or our Service may be out of date at any given time, and we are under no obligation to update such material.
We have taken every care in the preparation of our Site and our Service. However, we will not be responsible for any errors or omissions in relation to such content or for any technical problems you may experience with our Site or our Service. If we are informed of any inaccuracies on our Site or in our Service we will attempt to correct this as soon as we reasonably can. To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third-party may incur in connection with our Site, our Service, and any website linked to our Site and any materials posted on it. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
Any material you upload to our Service or data that we collect as set out in the section above will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.
By submitting the material, you declare and warrant that you own or have the necessary rights to submit the materials and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the materials and comply with these Terms and Conditions. You represent and warrant that all materials comply with applicable laws and regulations and these Terms and Conditions.
You understand and agree that you, not the Company nor Company’s affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors, are fully responsible for any materials you submit or contribute, and you are fully responsible and legally liable, including to any third-party, for such content and its accuracy. We are not responsible or legally liable to any third-party for the content or accuracy of any materials submitted by you or any other user of the Website.
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third part sites.
The owner of the Website is based in the province of Ontario in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule and notwithstanding your domicile, residence or physical location.
Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts
You understand and agree that your use of the website, its content, and any services or items found or attained through the website is at your own risk. The website, its content, and any services or items found or attained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Neither the company nor its parent, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors make any warranty, representation or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency or availability of the website or its contents. Without limiting the foregoing, neither the company nor its parent, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors represent or warrant that the website, its content, or any services or items found or attained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our website or the server that makes it available are free of viruses or other harmful components.
We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the website will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the website and your computer, internet and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items found or attained through the website or to your downloading of any material posted on it, or on any website linked to it.
Except where such exclusions are prohibited by law, under no circumstance will the company nor its parent, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use, or inability to use, or reliance on, the website, any linked websites or such other third part websites, nor any website content, materials, posting or information thereon even if the party was allegedly advised or had reason to know.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these terms and conditions or your use of the website, including, but not limited to, your user submissions, third part sites, any use of the website’s content, services, and products other than as expressly authorized in these terms and conditions.
No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
If you have any concerns about material which appears on our Service or to report any misuse of the website including libelous or defamatory conduct, please contact firstname.lastname@example.org
These Terms of Service were last updated: 04/27/2020