menumiz B2C terms & Conditions (AU)

Last Update 

Jan  2024

Welcome to Menumiz!

Thank you for using our Products and Services.

Definitions In this Agreement, "Menumiz," "We," "Us," and "Our Company" refer to Universal Apps Pty Ltd, incorporated in Australia, or its subsidiaries, affiliates, suppliers, partners, or agents worldwide.

In this Agreement, "Restaurant," "Merchant," and "Business" refer to a restaurant, eatery, bar, bakery, café or coffee shop, fast food outlet, food stall, canteen, or any similar place where food, beverages, or, if allowed by local law, tobacco, are offered and sold to the public, either for free or at a price. This includes offerings for consumption on the premises or takeout.

In this Agreement, "Meal" refers to any type of food, dish, or viand, whether cooked or raw, as well as any beverage or drink, whether alcoholic or non-alcoholic, including soft drinks, juice, snacks, candy, cakes, and pastries, whether prepared onsite or not, and regardless of freshness.

In this Agreement, "Tobacco" refers to cigarettes, cigars, pipe and hookah or shisha, as long as they are used solely for smoking tobacco substances.

In this Agreement, "menumiz™" refers only to the online platform accessible at the following URL: https://guest.menumiz.com, as a web-based application.

In this Agreement, "System" refers to the Menumiz platform, Menumiz App, and all third-party technical integrations between the platform, app, and the "Merchant," including networks (Internet, 3G, 4G LTE, 5G), SMS gateways, payment gateways, etc.

In this Agreement, "Menumiz App" or "The App" refers only to the mobile application named Menumiz available in the Apple Store and Google Play or Huawei App gallery.

In this Agreement, "Guest(s)" or "Customer(s)", "You," and "Your" refer to consumers who attend the "Restaurant" to order "Meals" or "Tobacco," regardless of the price, quantity, serving location or method, or the intention behind the order.

In this Agreement, "Product(s)" and/or "Service(s)" refer to cloud management services offered on the 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 a Quick Response code, generated by menumiz™ system and readable by menumiz™ app on mobile phones.

In this Agreement, "Menumiz Pay" means payment initiated by the "Guest(s)" using credit card(s) stored in the "menumiz " and processed by the system.

In this Agreement, "Account" refers to your menumiz™ account associated exclusively with your mobile number.

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 acknowledge and accept all terms and conditions and privacy policy agreements of our third-party suppliers and service providers involved in our service delivery, including but not limited to payment gateways and processors, credit card companies, SMS gateways, internet service providers, CDN networks, telecommunications service providers, mobile gateways, and mobile networks.

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

Using our Services

Do not misuse our Products or Services. For example, do not interfere with our Services or try to access them using a method other than the interface and instructions we provide. You may use our Products or Services only as permitted by law and for the intended purposes.

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 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 without our explicit consent. Do not remove, obscure, or alter any legal notices displayed in or along with our Products or Services.

As part of 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 these communications.

Your Menumiz Account

While you can use menumiz™ to order food as a guest without registering an account, you may need an account with menumiz™ to use our enhanced services tailored to your profile.

You shall create your own menumiz™ Account. We recognize the owner of the mobile number registered with the account as the account owner, who is solely responsible for the account. We assume that the owner of the email address and mobile number are the same person and that access to the email inbox and SMS sent to the mobile number is granted, available, and possible for you. However, we may not always verify the Email address.

To protect your menumiz™ account, keep your payment PIN (if any) confidential and always treat your mobile phone as very private and confidential. You are responsible for any activity, request, or order that occurs on or through your menumiz™ account.

Service Agreement

A: By using menumiz™ or the menumiz™ app, you acknowledge and agree the following:

1. You shall confirm that you are at least 16 years old and legally capable of forming binding contracts for necessities.
2. You shall declare your age correctly in your account.
3. You shall indicate if you are not allowed to drink alcohol or smoke based on your local law.
4. You shall provide the restaurant with your ID if they request proof of your age.
5. You shall provide us with proof of credit card validity and ownership if we require any documents or images of the credit card used to make payments in the menumiz™.
6. You shall not use third-party information or impersonate or identify yourself as third parties.
7. You shall not use our Products or Services for any purposes other than those permitted by local law and granted to you by us.
8. You understand that ordering goods other than meals, food and beverage, or tobacco products is not allowed in our system.
9. You understand that ordering alcoholic drinks or tobacco by underaged (as per your local law) is not allowed in our system.
10. You shall not use a VPN to register your account in order to deceive our smart country code look-up menu.
11. You agree that you have no objection to receiving Emails, SMS, or app/web notifications from us regardless of their purpose, content, or context.
12. Confirm that the email address and mobile number you used with menumiz™ belong to you only and that you have full access and control over them at all times.
13. You acknowledge and take responsibility for any order submitted through your account to a merchant.
14. You shall authorize us to debit your stored card(s) for any bill you chose to pay by Menumiz Pay (Mobile Payment) as the preferred method of settlement upon payment.
15. You shall authorize us to deduct relevant charges from your provided credit/debit card, in case you choose to pay using the app, upon submission of your payment request or at any later time in the future in case of any discrepancy or miscalculation from our side.
16. You shall authorize us to debit your stored card(s) in your account for any bill you might have forgotten to settle before leaving a restaurant you have visited and ordered a meal in.

B: Payment and Refund Policy

You shall: 

1. Acknowledge that we are not involved in any payment at the counter using cash, plastic cards, e-wallets, or any payment by card on the phone in a food delivery or booking.
2. Acknowledge that the Menumiz Pay option is subject to a daily limit, as well as maximum and minimum caps on the bill amount you may pay in a restaurant using Menumiz Pay which may vary in each restaurant. 
3. Agree that your claims regarding payment to a merchant (restaurant, café, etc.) must be referred to the same merchant unless you have used Menumiz Pay (a payment model where menumiz™ directly receives your payment to settle with the merchant later).
4. Understand that should menumiz™ have received your payment (Menumiz Pay) and you are not satisfied with the service you received from a merchant, we may refund you for your last order with the same merchant as long as:
• This is not a takeaway or delivery order.
• Your order is not a hosted order (paying for others).
• This is not a split bill.
• This is not a merged bill.
• You have not redeemed any discount voucher to pay for the order.
• You have requested a refund within 8 hours of the payment.

If your order does not meet the above conditions, your refund must be managed directly by the merchant.

5.     Acknowledge that 'Menumiz' or 'Universal Apps' may appear on your bank statement as the description for payments made through Menumiz Pay

C: Using menumiz™ or the menumiz™ app in a Restaurant:

You shall: 

1.     Acknowledge that using our services requires reliable Internet, and it is your responsibility to obtain such service from mobile and telecommunication companies or use a trusted Wi-Fi network at your discretion.

2.     Acknowledge that to use our system, you need an Android or iOS mobile device and at least 4G network access.

3.     Acknowledge that if you wish to use conventional payment methods at the counter (by card or cash), you need to have a physical card or cash. You cannot use the app to pay at the counter.

4.     Agree to authorize us to charge your credit card for payment when you choose to pay by Menumiz Pay in a restaurant.

5.     Agree to settle the restaurant bill before exiting the restaurant.

6.     Agree that it is up to the restaurant's policy to offer QR code ordering or accept "Menumiz Pay ". 

7.     You agree to pay for the orders you place using the app, whether using the “Menumiz Pay” option, or paying at the cashier.

8.     You agree to pay for service charges, taxes, and surcharges, should the merchant impose them.

9.     You agree that you will not be able to use or redeem any discount coupons or gift cards for ordering and paying for tobacco.

10.  You acknowledge that gift cards or discount coupons/vouchers may have expiration dates or special terms, and you might not be able to utilize such incentives or spend such credits as desired.

11.  You agree to refrain from using abusive or offensive language in comments while rating a dish, a menu, or a restaurant in the app.

12.  You agree not to place dummy orders using an image of a QR code.

13.  You authorize us to suspend your account at any time if any suspicious activity is detected or any abuse of the system is reported.

14.  You agree to receive SMS, emails, or app notifications from us, from time to time regarding marketing, new offers, invitations to rate a restaurant, or receipts for your payments. By accepting these terms and conditions, you acknowledge that you have no objection to receiving such communications. However, you may opt out of receiving some of this content by email.

15.  You agree and acknowledge that we are authorized to terminate service, cancel or suspend your account, stop transactions, or block access should you fail to adhere to the terms mentioned above, which shall be recognized as a breach of the agreement.

D: Indemnity:

16.  You agree and acknowledge that menumiz™ is merely an order management and POS system on the cloud, designed to ease and enhance the services offered by the restaurants to their guests and customers. We have no role or control over the quality of services or goods you may receive or purchase from the restaurant. We do not assume any responsibility regarding the quality of meals or the services you receive at a restaurant, nor your overall experience with the restaurant.

17.  You acknowledge that all photos or videos displayed in the menus are for illustrative purposes only, uploaded by the restaurants. The actual meals served may differ from what is advertised or presented visually in menus.

18.  You agree that, according to law, a restaurant reserves the right to refuse selling you alcoholic beverages or foods containing alcohol, or tobacco, at their discretion, regardless of your age (e.g., if you are visibly intoxicated, outside of their licensed trading hours, etc.).

19.  We do not confirm the availability of any particular meal displayed in our app, nor the accuracy of the information provided by the restaurant about dishes or meals, the quality of photos uploaded by them, or the originality of such photos or videos representing the dish.

20.  We do not guarantee, confirm, monitor, or evaluate the prices charged by the restaurant for its services or goods. It is your responsibility to check prices before submitting any order.

21.  We bear no responsibility for any transaction, whether by card or cash, that occurs outside of the menumiz™ app payment system ( “Menumiz Pay”), e.g., paying at the counter.

22.  We shall not be responsible for any financial damage or harm to your or your family’s health resulting from products or services received at a restaurant (e.g., being overcharged) or from consuming foods, beverages, or tobacco sold by the restaurant (e.g., food poisoning).

23.  We do not accept any responsibility for health-related claims arising from incorrect allergen tagging or the absence of such tagging by the restaurant.

24.  We do not accept any responsibility for the accuracy of food calorie information displayed in our system, as provided by restaurants.

25.  We do not assume any responsibility for mistakes or misrepresentations of menus, food, and drinks caused by AI technology in our e-waiter service. You must acknowledge that Menumiz™ e-waiter™ is primarily based on ChatGPT, and we do not have full control over its suggestions

E: Our Warranty and Limited Liability

26.  Except for any express warranties set out in these terms, 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™).

27.  While we use due care and skill in providing menumiz™, neither we nor our related bodies corporate warrant or guarantee that menumiz™ will be continuously available, free from errors, bugs, 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, we limit our liability for that failure (where it is fair and reasonable to do so in respect of a statutory guarantee) to supplying menumiz™ again to you.

28.  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.

29.  We cannot guarantee the security of the web or the app if used on an altered device or an untrusted mobile device. An untrusted device is one which has an unauthorized operating system (e.g., jailbroken), not recognized by its manufacturer, lacking the latest updates recommended by the manufacturer, or one that has been compromised by hackers. Additionally, we cannot guarantee the security of the app if you connect your device to an untrusted Wi-Fi network.

30.  We bear no responsibility for any loss or damage resulting from any problems in delivering our services to you or to the restaurant you are visiting due to internet connection interruptions or payment gateway interruptions.

31.  We are not responsible for any payment interruption resulting from card decline or exceeding our allowed bill limit should you use the “Menumiz Pay” option as your method of payment in a restaurant.

32.  We reserve the right to upgrade, downgrade, stop, or change our services delivered to you without prior notice.

33.  You may terminate the service and delete your account at any time, subject to the settlement of any outstanding bill.

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

35.  This agreement is digitally signed and deemed accepted by you upon selecting the checkbox when signing up for  our services.