Menumiz Terms of Service

B2B version ( Australia )

General agreement

The below terms are effective Jan 2024

Welcome to menumiz™!

Thanks for using our Products and services.

Definitions

In this agreement, “Universal Apps”, ”menumiz™”, “We”, “Us”, and “Our Company” refer to the company incorporated in Australia as Universal Apps Pty Ltd or its subsidiaries, affiliates, suppliers, partners, or agents worldwide.

In this agreement, “Business”,”Merchant”, “Restaurant”, “Café”, “You”, or “Your” refer to a Restaurant, eatery, Bar, bakery, Café or coffee shop, fast food or food stall, canteen, or any similar place where food, alcoholic or non-alcoholic beverages, or, if allowed by local law, tobacco is offered and sold to the people for free or priced, for consumption on-site or takeout or food delivery.

In this agreement, “meal” refers to any type of food, dish, viand whether cooked or raw, as well as any beverage or drink whether alcoholic or non-alcoholic, soft drink, juice, snack or bites, candy, cake, and pastry, regardless of whether it is prepared in the same place or not, or its freshness.

In this agreement, “Tobacco” refers to cigarette, cigar, pipe, and Hookah or Shisha as long as it is used for the smoking of tobacco substances only.

In this agreement, “menumiz™” refers only to the platform accessible at the website in the following URL(s): https://www.menumiz™.com or https://menumiz™.com and all subdomains including web apps or mobile apps running the same URLs or all subdomains.

In this agreement, “System” refers to the menumiz™ platform, menumiz™ POS, App, menumiz™ business app, and all third-party integration technically between the platform, app, and the merchant, such as the networks (Internet, 3G, 4G LTE, 5G, SMS gateways, Payment gateways, etc.)

In this agreement, “menumiz™ POS” refers to the mobile application named “menumiz™ POS” available in the Apple Store, Google Play, Huawei App Gallery, iMin gallery , Microsoft Store and Azure market place and also the same web-application at https://app.menumiz.com

In this agreement, “Guest(s)” or “Customer(s)” refer to consumers who attend the merchant (“Business”) to order and buy “Meal” or “Tobacco”.

In this agreement, “Product(s)” and or “Service(s)” refer to the POS (Point Of Sale)  service and  cloud-based management services offered in the menumiz™ POS, menumiz™ platform or menumiz™ app (on cloud) to the “Merchant(s)” and its “Guest(s)” or “Customer(s)”.

In this agreement, “Menu” refers to the list of “meals” offered by the “merchant” to the “guest(s)” through “menumiz™”.

In this agreement, “QR code” refers to Quick Response code readable by mobile phones or special scanners, generated by the system.

In this agreement, “Pay Via App” or “Menumiz Pay” or “Mpay” means the payment generated by the “guest(s)” from the credit card(s) stored in “menumiz™ ” and processed by the system.

In this agreement, “Account” refers to your account with the menumiz™ platform associated with your mobile number and email address for your business.

In this agreement, “user(s)” refer to any person who has been granted access to your account by you.

In this agreement, by accepting the terms of our products or services, you shall accept and acknowledge all our third parties suppliers’ and service providers’ terms and conditions and privacy policy agreements involved in our service delivery, including but not limited to Payment gateways and processors, Credit card companies, banks,  SMS gateways, internet service providers, CDN networks, telecommunication service providers, mobile gateways, and mobile networks.

By using our Products or Services, you are agreeing to these terms and conditions. Please read them carefully.

Using our Services

You must adhere to any policies provided within our Products or Services. Service availability may vary based on your account type and may change over time. Some services may not be available in certain regions or countries due to technical limitations, legal restrictions (such as UN, US, EU sanctions), or specific requirements imposed by local governments.

Do not misuse our Products or Services. For instance, do not interfere with our Services or attempt to access them using any method other than the interface and instructions we provide. You are permitted to use our Products or Services only within the bounds of the law and specifically for their intended purpose, which is restaurant management.

Using our Products or Services does not grant you ownership of any intellectual property rights in our Products or Services or the content you access. You may not use content from our Products or Services without obtaining permission from its owner, unless otherwise permitted by law. These terms do not grant you the right to use any branding or logos from our Products or Services, unless explicitly consented by us. Do not remove, obscure, or alter any legal notices displayed in or along with our Products or Services.

In relation to your use of the Products or Services, we may send you service announcements, administrative messages, and other information, which you may choose to opt out of.

Certainly! Here's the revised "Your menumiz™ Account" section with the suggested changes applied:

Your Menumiz™ Account

To use our Services or order our Products, you need to have a business account with menumiz™. You may either create your own menumiz™ Account and sub-accounts or have one assigned to you by an administrator, such as your employer, IT consultant, or partner. We recognize the owner of the mobile number and email address registered with the account as the 'owner of the account', who will be solely responsible for it. We assume the owner of the email address and mobile number is the same person. Access to the email inbox and the ability to read SMS sent to the mobile number is assumed to be granted, available, and possible for you at all times.

Protect your menumiz™ account by keeping your password confidential and maintaining the privacy and security of your mobile phone and email access. You are responsible for the activity, request, or order that happens on or through your menumiz™ account. Avoid reusing your account password on third-party applications. If you become aware of any unauthorized use of your password or account, please inform us immediately at abuse@menumiz.com.

Restaurant ID

Upon registering a business account with www.menumimz.com, you are assigned a unique restaurant ID. This ID is used by you or your employees to log in to your account. It allows use of our services according to the level of access you have granted. You acknowledge that this ID is confidential. You agree to disclose it only to authorized persons whom you trust, and it is intended for exclusive use in relation to your business operations.

Service Agreement

By creating a business account on menumiz™.com, you acknowledge and agree to the following terms:

Account Creation and Use:

• You confirm that you are legally capable of forming binding contracts.
• You will not submit false information in your profile or misrepresent yourself, your business or the purpose of your account.
• The account administrator(s) must be at least 18 years old, or of legal age as defined in your local jurisdiction.
• You will use a valid company or business name, valid ABN number and valid business address.
• Your business  has valid certificate of “food & beverage business registration.” 
• You are authorized to create an account for your business..
• You shall not create multiple accounts with menumiz™ for the same merchant.

Account Security and Information Accuracy:

• You confirm that the email address and mobile number used for registration belong to you, and you have full access and control over them always.
• You will not disclose your menumiz™ username and password to unauthorized parties and will keep them confidential.
• You are responsible for all orders and service requests submitted through your account.

Payment and Billing:

• You authorize us to charge the provided credit card(s) for your menumiz™ bill payments.
• You will not use third-party or stolen credit cards; any chargeback claims may result in account suspension.
• You agree to all charges incurred, including subscription fees, commissions, setup fees, hardware costs (if any), security deposits (if any), deducting refunds and chargebacks (menumiz™ pay),  and applicable taxes.
• Payments for our services are due within one week of receiving a bill.

·        You shall provide us with proof of credit card validity and ownership should we require any documents or image of the credit card used to make payment in menumiz.com.

Compliance with Local Laws:

• You will adhere to all local laws and regulations related to operating a restaurant or eatery business.
• You will not sell, offer, or advertise prohibited items, including certain foods, beverages, or tobacco products as per your local law. 
• If selling alcoholic beverages or tobacco products, you confirm holding the appropriate licenses.

·       Selling and offering any other goods rather than meals, food and beverage or tobacco (the last should be permitted by your local law) is not allowed in our system.

Miscellaneous:

• You agree to receive communications from us via email, phone calls, faxes, WhatsApp or SMS or Messenger.
• You will not use  VPN or other methods to misrepresent your location or circumvent menumiz™ country code lookup feature.

·       You shall not offer, sell or advertise alcoholic drinks or tobacco to under aged customers (as per your local law) in our system.

·       You shall not consider any discount coupon, gift card or loyalty scheme for tobacco.

·        You shall not misrepresent your address or country of resident.

By Running the System in Your Restaurant

When you choose to use the menumiz™ POS system in your restaurant, you agree to the following conditions:

Technical Requirements and Responsibilities:

• You acknowledge the need for reliable high-speed internet, which is your responsibility to obtain from local ISPs.
• You understand that QR code ordering by your customers depends on at least a 4G network or a Wi-Fi connection.
• You are aware that basic hardware not provided by us are needed to use our system. This includes but is not limited to PCs (Windows 10 or higher), tablets or iPads, mobile phones (Android or iOS), Wi-Fi modems, printers, LAN thermal printers (ESC/POS), QR code scanners, and EFTPOS terminals, depending on your business model.
• If you wish to accept conventional payments (card or cash) at the counter, you must have an EFTPOS terminal and a cash drawer.

Menu Management and QR Code Usage:

• You agree to create, maintain, and manage your digital menus on menumiz™.
• You will not use copyrighted content in your digital menu, including photos, videos, or logos.
• You agree to properly display QR codes on tables in your restaurant (e.g., tabletop display, LED monitor) and ensure they are visible to your guests.
• You may choose to attach table numbers to each table in your restaurant.
• Subject to your plan, we may enforce QR code ordering or mobile payments (Menumiz Pay) to your customers. 

Responsibility for Orders and Payments:

• You are responsible for differentiating between genuine and fake orders, especially in cases of QR code abuse by your customers, and for resetting the QR codes promptly to prevent such issues.
• You accept the responsibility to monitor customers for payment settlement and bear the financial risk in case of "dine and dash" scenarios.
• You undertake the risk of scams and stolen card payments when using "Menumiz Pay".
• You agree to all charges incurred in “payment via app” or "Menumiz Pay", including merchant fees, transaction charges, and chargebacks.

Financial Terms and Conditions:

• You acknowledge that the 'Menumiz Pay' service is not enabled by default when you sign up with us. You must apply for this service separately, which is subject to KYC, and your application approval is not guaranteed.
• You agree to a deposit (amount based on market and region), if requested, for using "Menumiz Pay". This deposit is refundable 45 days post-termination of the service, minus any chargeback or fraud-related costs.
• You agree to pay onboarding fee to use Menumiz Pay.
• All invoices must be settled within one week of the due date.
• If any outstanding balance is not settled within two weeks, we reserve the right to suspend your account, rendering all QR codes invalid and preventing guest orders.
• You agree to pay all invoices during your contract term, even if you do not use the system.
• Outstanding bills not received more than three month after the due date may result in permanent account closure and deletion of all records.

Promotion and Customer Interaction:

• You agree to display the menumiz™ decal (provided by us) at the entrance or on glass walls of your restaurant.
• You will inform your customers about the QR code on the table and encourage them to order by scanning the QR code.
• You agree to have at least one tablet or similar device available for waitstaff to take orders from customers who prefer to order from a printed menu.

Indemnity:

• You agree and acknowledge that menumiz™ is merely a POS system on cloud, and we play no role in attracting customers to your business.
• We do not assume any responsibility regarding your guests and customers who use our service to place orders with you.
• You confirm your understanding that we cannot provide guests' contact information to you under any circumstances, except their name or profile picture as per their profile in our system, which may not be their real names or actual photos.
• You agree to verify the age of your customers by asking for ID when necessary, particularly for alcohol or tobacco purchases. You confirm that you will not rely on our system to determine if a customer is underage.
• You agree that it is at your discretion to sell or offer alcoholic drinks or tobacco to your guests and customers. You acknowledge your right to refuse the sale of such products as per law (e.g., if a customer is intoxicated or suspected to be underage).
• You have no objection and agree that your guests may rate or comment on your restaurant or specific meals they have ordered through our system, which may be available to the public.
• You agree to bear all responsibility and indemnify us from copyright infringement as a result of using content such as photos, videos, logos provided by you to create your menus in our system.
• You authorize us to suspend your account at any time in the event of any suspicious activity or reported abuse of the system.
• You agree and acknowledge that Universal Apps Pty Ltd is authorized to cease service, cancel, suspend accounts, halt transactions, and block access if you fail to adhere to or disregard the terms mentioned above, which will be recognized as a breach of the agreement.
• You acknowledge that the menumiz™ POS system is not designed to work offline and is heavily dependent on an internet connection to deliver services to you

Our Warranty and Limited Liability and refund policy

• Except as expressly set out in these terms, and subject to any terms implied by law which cannot be excluded, along with your rights under statutory guarantees provided under the consumer protection laws of Australia, we do not offer any warranties or guarantees to you regarding the performance of menumiz™.
• While we exercise due care and skill in providing menumiz™, neither we nor our related bodies corporate warrant or guarantee continuous availability, freedom from errors or bugs, omissions, or delivery within a specific time or quality. If we fail to comply with a statutory guarantee (where applicable) or any term of this agreement, our liability for that failure is limited (where fair and reasonable in respect of a statutory guarantee) to either resupplying menumiz™ to you or reimbursing the cost of having menumiz™ supplied again.
• We are not liable for any loss caused by you (for example, through negligence or breach of contract). Similarly, you are not liable for any loss caused by us.
• You may not terminate the service during lock in contract period. Termination is also subject to settlement of any outstanding bills according to your chosen package or plan.
• In the event of termination, there will be no refund for any setup fee (if applicable), onboarding fee or hardware costs.
• If you terminate the service, there will be no refund, regardless of whether your billing is post-paid or prepaid.
• If we terminate the service due to your breach of the agreement, there will be no refund.
• We reserve the right to upgrade or downgrade our services without prior notice, which may affect service delivery to you.
• We have the right to remove or add packages, change prices, or discontinue certain services and packages in your region without prior notice.
• These terms and conditions are governed by the laws in force in the State of Victoria, Australia.
• This agreement is considered digitally signed and accepted by you upon selecting the checkbox when ordering or registering for our services.