Menumiz Terms of Service

B2B version ( Australia )

General agreement

The below terms are effective April 15 2022

Welcome to Menumiz!

Thanks for using our Products and services.

Definitions

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

In this agreement “ Business”, “ 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, beverage or if allowed by local law tobacco is offered and sold to the people for free or priced , whether to be served in the same place or to be taken out. 

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 whether prepared in the same place or not, whether fresh or stale.

In this agreement “ Tobacco “ refers to cigarette, cigar and Hookah or Shisha as long as it is used for smoking of tobbaco substance only. 

In this agreement, “Menumiz” refers only to the platform accessible at 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 the subdomains. 

In this agreement “ System “ refers to Menumiz platform , Menumiz 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 and etc.…)

In this agreement, “Menumiz App” refers only to the mobile application named Menumiz business app  available in Apple Store and Google Play.

In this agreement “Gust(s) or “Customer(s)” refer to consumers who attend the “ merchant “ to order and buy “Meal” or “Tobacco” regardless of the price, quantity, place to serve or use, the way to serve or use or the intention of them behind the order.

In this agreement, “Product(s)” and or “Service(s)” refer to online management services offered in Menumiz platform or Menumiz app (on cloud) to the “Merchant(s)” and its “ Guest(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 especial scanners , generated by the system. 

In this agreement, “Pay Via App” or “Menumiz pay” 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 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 on 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 services delivery including but not limited to Payment gateways and processors, Credit card companies, 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 follow any policies made available to you within the Products or Services. Depending on our policy, the services available to you might change time to time or vary based on the type of your account with Menumiz. Some services might not be available in some regions or countries due to technical problems ( such as limitation in mobile phone or internet network support ) or legal restrictions ( such as UN, US, EU sanctions ) or restrictions or especial requirements  by local governments on international services.

Don’t misuse our Products or Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Products or Services only as permitted by law and for the purposes the service is designed for , here restaurant management only.

Using our Products or Services does not give 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 unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Products or Services unless we clearly give our consent. Don’t remove, obscure, or alter any legal notices displayed in or along with our Products or Services.

In connection with your use of the Products or Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Your Menumiz Account

You need a bsuiness account with Menumiz in order to use our Services or order our Products. You shall create your own Menumiz Account or sub-accounts, or your Menumiz account may be assigned to you by an administrator, such as your employer or employee, your IT consultant or your partners. We acknowledge the owner of the mobile number and email address which the account is registered with as the “owner of the account” and they shall be responsible solely for the account. We assume that the email address and mobile number owners are the same person and access to the email inbox, and reading the SMS sent to the mobile number, is granted , available and possible at the same time for you.

To protect your Menumiz account, keep your password confidential and always keep your mobile phone and email access as  very private and confidential . You are responsible for the activity, request or order  that happens on or through your Menumiz account. Try not to reuse your account password on third-party applications. If you learn of any unauthorized use of your password or Account, please inform us immediately at abuse@menumiz.com.

Restaurant ID

You are assigned a restaurant ID upon registering a business account with www.menumiz.com. This ID is used by you or your employees to log in to your account and use our services subject to the level of access you have granted them. You confirm that this is a confidential ID and you shall only disclose this ID to authorized persons whom you have trust and is meant to be used exclusively in relation to your business.

Service agreement

A: By creating a business account in Menumiz.com you shall agree on the followings:

·       You shall confirm that you are legally capable of forming binding contracts.

·       You shall not submit false information on your profile or misrepresent yourself or your purpose of registering an account with Menumiz.

·       The Admin of your account is of minimum age of 18 years old and or at legal age if your local law definition of legal age is older than 18.

·       You shall use valid company or business name and registration numbers as well bank accounts if required.

·       You are authorized to apply for an account for your company.

·       You shall agree that you use the correct and valid ID numbers or address or contact numbers in your profile.

·       You shall not have multiple accounts with Menumiz for the same merchant.

·       You shall not have objections if our staff, agents or assignees conduct an EDD on your business including direct or indirect contact to you or your business, ask for company profile and supporting  documents to approve your account.

·       You shall provide us with copy of your ID or any proof of your address such as utility bills under your business name and address, or your company profile and incorporation documents should we require any proof on validity of your profile or your identity.

·       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.

·       You shall not use third parties information or impersonate them or identify yourself as your clients or your customers or third parties whether as an individual or an entity.

·       You shall not use our Products or Services for any other purpose rather than what is permitted by local law and what is granted to you by us.

·       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.

·       You shall confirm that you do not sell or offer or advertise any meal, food, beverage or tobacco which is not allowed under your local law or as per your business license,  in our system.

·       Should you sell or offer alcoholic drinks, you shall have licence for such from your local authorities.

·       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.

·       You shall not use VPN to register your account in order to deceive our smart country code look up menu.

·       You shall agree that you have no objection to receive Emails or faxes or calls or SMS  from us regardless of the purpose or context or contents.

·       You shall agree and confirm that the email address , mobile number  you use to register your account with us belongs to you only and you have full access and control on them at any time.

·       You shall agree that you do not share or disclose your Menumiz user name and password to unauthorized third parties and keep them very confidential.

·       You shall agree that you are aware and responsible of any order of service  submitted and requested by you through your account.

·       You shall agree that you are authorized to use the credit card(s) or PayPal account(s) for making payment to use our Products or Services. (If Any)

·       You shall agree that you are not using a third party or stolen credit card to make payment and in case of any claim or charge back, you account will be suspended, we will stop providing any service for your Restaurant and all your previous records will be assumed scam or fraud and all the reports will be removed from our system.

·       You shall agree on all charges occurred upon your service delivery including subscription fees, commissions , set up fees and deposits ( if any ) or any tax involved. ( If Any )

·       You agree that you shall pay for our services delivered to you within one week upon receiving any bill.

·       You shall agree on any exchange rate , transaction fees occurred during charging your card.

·       You shall agree to let us have your bill converted to AUD, CAD,MYR, USD or EUR (subject to your market)  using our exchange rate and have your card charged in AUD ( Australian Dollar ), CAD (Canadian dollar) , MYR (Malaysian Ringgit) USD ( US dollar ) or EUR ( Euro)  when making your bill payment.

·       You shall authorize us or our agents to deduct relevant charges from your provided credit card/debit card(s) or PayPal account(s) upon submission of your service request or at any later time in future in case of any discrepancy or miscalculation from our side. (If Any)

·       You shall agree that you are aware of the local authorities regulation and the local law on running an eatery businesses in your state.

·       You shall agree to use your local currency as per your local law, for the price of your meals.

·       You acknowledge that  we do not support foreign currencies in “pay via app” or “Menumiz pay”

B: by running the system in your restaurant:

·       You shall acknowledge that running and using our system requires reliable high speed internet and this is your responsibility to get such a service from your local internet service providers (ISPs).

·       You acknowledge that using our system by your guests relies on at least 4G network or Wi-Fi.

·       You shall acknowledge that to use our system, you may need some basic hardware and software which are not provided or covered by us including but not limited to PCs ( windows 7 or higher ) , tablets or iPads , mobile phones (Android or iOS ) , Wi-Fi modems, printers , LAN thermal printer (ESC/POS) , QR code scanners and EFTPOS terminals  subject to your business policy and model. 

·       You shall acknowledge that should you wish to have conventional payment methods at counter (by card or cash), you need to have an EFTPOS provided to you by your bank or other service providers. We do not support payment out of our system.

·       You shall agree that this is your duty to create and maintain and manage your digital menus in Menumiz.

·       You shall agree that you shall not use copyrighted content to create your digital menu including photos, videos or logos.

·       You shall agree that by using our services, you should display QR codes on tables in your restaurant in a proper way ( e.g. tabletop display, on an LED monitor) and visible to your guests.

·       You shall agree that you may need to attach table numbers to each table in your restaurant at your discretion.

·       You shall agree that in case of any abuse of QR codes by your guests (e.g. taking a photo of QR code and sending dummy orders remotely to the restaurant ) this is your responsibility to differentiate between genuine orders and fake orders and to update the QR code immediately to avoid such a problem.

·       You shall agree and confirm that this is your responsibility to avoid dish and dash and monitor your customers for payment settlement . We bear no responsibilities should your guest(s) avoid payments and cause you financial lost.

·       You shall agree to undertake risk of scam and stolen card payments should you use payment via app in our system.

·       You shall agree with all charges occurred in “payment via app” should you use our payment system including merchant fees , transaction charges and charge backs.

·       You shall agree to deposit sum of fund ( amount to be calculated based on market and region ) with us with zero interest should we request so, in case you wish to use “pay via app” option in our system.

·       You shall acknowledge that such deposit will be refunded 45 days after your request of termination the “pay via app” service and is subject to deduction any chargeback or fraudulent transaction damages. 

·       You shall agree to settle our invoices within one week after due date.

·       You shall agree in case of any outstanding not settled after two weeks, we reserve the right to suspend your account which results in all QR codes going invalid and your guests not being able to order any meal.

·       You shall agree that should we not receive outstanding bills for more than one month after due date, we close your account completely and all records to be deleted permanently.

·       You shall agree that you shall display Menumiz logo printed on stickers ( sent to you by us ) at entrance , door or on glass walls of your restaurant to inform your customer of the Menumiz managed restaurant.

·       You shall agree to inform your customers of QR code on the table and encourage your customers to install the app and order via app.

·       You shall agree to have at least one tablet or similar device available to take orders from customers by waiter or waitress, should the customer(s) wish to order from printed menu.

C: Indemnity:

·       You shall agree and acknowledge that Menumiz is just an online management system, on cloud and we have not any role in introducing customers to you.

·       We do not undertake any responsibility about your guests and customers who use our service to submit an order to you. 

·       You shall confirm that you understand that we cannot provide gusts contacts to you in any circumstances, except their name or profile picture as per their profile in our system which might not be their real names or real photos.

·       You shall agree to ask for ID from your customers in order to check their age for drinking or smoking. You confirm that you shall not rely on our system to find out if your customer is under aged or not.

·       You shall agree that this is at your discretion to sell or offer alcoholic drink or tobacco to your guests and customers  and you shall confirm that you are aware that you have the right to refuse selling such drinks or products to your customers by law (e.g if a customer is intoxicated or very drunk, if you believe your customer is under aged)

·       You shall have no objection and agree that your guest(s) may rate or comment your restaurant or a particular meal (which they have ordered ), in our system available to public.

·       You shall agree to bear any responsibility and indemnify us of copy right infringement as result of having content(s) such as photos, videos , logos  used or provided by you to create your menu in our system.

·       You shall authorize us to suspend your account at any time in case of any suspicious activity is found or any abuse from the system is reported.

·       You shall agree and acknowledge that Universal Apps Pty Ltd is authorized to stop service, cancel, suspend account, stop transaction, block access should you fail or disregard terms mentioned above which shall be recognized as  breach of the agreement.

D: Our Warranty and limited liability

·       Except for any express warranties set out in these terms and any term implied by law (that cannot be excluded) and Your rights under statutory guarantees provided under the consumer protection laws of Australia, We provide no warranties or guarantees to You (including in relation to the performance of Menumiz). 

·       While We use due care and skill in relation to the provision of Menumiz, neither We nor Our related bodies corporate warrant or guarantee that Menumiz will be continuously available, free from errors or bugs or  omissions or provided to You within a particular time and quality. If We fail to comply with a statutory guarantee (if it applies) or any term of this agreement, then We limit Our liability for that failure (where it is fair and reasonable to do so in respect of a statutory guarantee) to either supplying Menumiz again to You or paying You the cost of having Menumiz supplied again. 

·       We are not liable for any loss to the extent that it was caused by You (for example, through Your negligence or breach of contract). You are not liable for any loss to the extent it was caused by Us. 

·       You may terminate the service any time subject to settlement of any outstanding bill subject to your chosen package or plan.

·       In case of termination, there is no refund for any set up fee ( if any ).

·       In case of termination of the service from your side , there is no refund whether your billing is post-paid or prepaid.

·       In case of termination from our side due to breach of the agreement by you, there is no refund.

·       We reserve this right to upgrade or downgrade our services without prior notice which might affect the service being delivered to you.

·       We have the right to remove or add packages, change our prices or stop some services and packages in your region without any prior notice.

·       These terms and conditions are governed by the laws in force in the State of QLD , Australia.

·       This agreement is digitally signed and deemed accepted by you upon selecting the check box when ordering or registering for our services.