Last Update 

15 April 2022

Welcome to Menumiz!

Thanks for using our Products and services.

Definitions

In this agreement ”Menumiz” , “We” or “Us” and “Our Company” refer to the company incorporated in Malaysia as Menumiz sdn bhd  or its subsidiaries, affiliates, suppliers, partners or agents world widely.

In this agreement”, “ Restaurant “ ,” Merchant “ , “ Business”  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 tobacco substance only.  

In this agreement, “Menumiz” refers only to the online platform accessible in the following URL: https://guest.menumiz.com as web-based application.

In this agreement “ System “ refers to Menumiz platform, Menumiz 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” or “ The App “ refers only to the mobile application named Menumiz available in Apple Store and Google Play.

In this agreement “Gust(s) or “Customer(s)”, “ You”, “ Your “ refer to consumers who attend the “ Restaurant “ to order “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.

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

In this agreement, “Account” refers to your account with Menumiz App associated with your mobile number only.

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.

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

Even though you can use Menumiz to order food as a guest users without registering an account, yet you may need an account with Menumiz in order to use our enhanced services tailored based on your profile associated with your account. 

You shall create your own Menumiz Account. We acknowledge the owner of the mobile number which the account is registered with as the owner of the account and he/she 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 for you. Nevertheless, we may not verify the Email address always.

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

Service agreement

A: By using  Menumiz or Menumiz app ,  you shall agree on the followings:

1. You shall confirm that you are at least 16 years old and legally capable of forming binding contracts for necessaries.
2. You shall declare your age correctly in your account.
3. You shall declare if you are not allowed to drink alcohol or smoke based on you local law.
4. You shall provide restaurant with your ID should they ask for proof of your age.
5. 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 app.
6. You shall not use third parties’ information or impersonate or identify yourself as third parties.
7. You shall not use our Products or Services for any purpose other than what is permitted by local law and what is granted to you by us.
8. Selling and offering any other goods rather than meals, food and beverage or tobacco products is not allowed in our system.
9. Selling or offering alcoholic drinks or tobacco to under aged guests ( as per your local law ) is not allowed in our system.
10. You shall not use VPN to register your account in order to deceive our smart country code look up menu.
11. You shall agree that you have no objection to receive Emails or SMS or app/web notifications from us regardless of its purpose or contents or context.
12. You shall agree and confirm that the email address, mobile number you used Menumiz belongs to you only and you have full access and control on them at any time.
13. You shall agree that you are aware and responsible of any order submitted through your account to a restaurant.
14. You shall agree that you are authorized to use the credit card(s), PayPal account(s), Apple Pay or Google Pay  for making payments through Menumiz  should you wish to pay using “pay via app” option (If Any)
15. You shall agree that you are not using a third party or stolen credit card to make payments.
16. You acknowledge that in case of any claim or chargeback on the  credit or debit card you used in our system, you account will be suspended or blocked, we will stop providing any service to you,  all your previous records will be assumed scam or fraud and all the records will be removed from our system.
17. You shall agree that we may disclose your contacts or account details to police or law informant authorities if there is any fraudulent payment detected in your account.
18. You shall agree to pay for any order you (or your gusts) have submitted to a merchant (restaurant, Café…) under your account.
19. You shall agree to pay for any tax, service fee, transaction charge occurred in your order as per local law.
20. You shall authorize us or our agents to debit your stored card(s) for any bill you chose “pay by app” as the preferred method of settlement upon payment.
21. You shall authorize us or our agents to deduct relevant charges from your provided credit/debit card or PayPal account, in case you choose to pay using the app,  upon submission of your payment request OR at any later time in future in case of any discrepancy or miscalculation from our side. (If Any)
22. You shall authorize us or our agents 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 had ordered meal in.

B: Payment and Refund Policy

1.     You acknowledge that we are not involved in any payment at the counter using cash, plastic cards or e-wallets or any payment by card  on phone in a food delivery or booking. 

2.     You shall agree that your claims regarding to your payment to a merchant (restaurant, café …) must be referred to the same merchant unless you have used Menumiz Pay (a model of payment whereas Menumiz has directly received your payment to settle with the merchant later. )

3.     Should Menumiz have received your payment (Menumiz Pay) and you are not happy with the service you have received in a merchant, we may refund you for your last order with the same merchant as long as:

·       This is not a takeaway order

·       Your order is not hosted order (paying for others)

·       This is not a split bill

·       You have not redeemed any discount voucher to pay for the order

·       You have asked for refund within 8 hours upon payment

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

C: By using the Menumiz or Menumiz app in a restaurant:

1. You shall acknowledge that using our services requires reliable Internet and this is your responsibility to get such a service from mobile and telecommunication companies or use a trusted Wi-Fi at your discretion.
2. You shall acknowledge that to use our system, you need an Android or iOs device and at least 4G network access.
3. You shall acknowledge that should you wish to have conventional payment methods at cashier (by card or cash), you need to have physical card or cash. You cannot use the app to pay at the counter.
4. You shall agree to authorize us to charge your credit card for payment when you choose to pay via app option (Menumiz Pay) in a restaurant.
5. You shall agree to settle the restaurant bill before exiting the restaurant.
6. You shall agree that this is up to the restaurant policy to accept “pay via app “ and also to configure the payment schedule either PAO ( Pay as Ordered ) or PAS ( Pay as Served ) . If you are not sure about it, please ask from an employee in the restaurant about it to avoid misunderstandings.

D: Indemnity:

1. You shall agree and acknowledge that Menumiz is just an online management system on cloud, to ease and enhance the services offered by a restaurant to its guests and customers. We have not any role or control on the quality of services or quality of the goods and products you may receive or buy from the restaurant.
2. We do not undertake any responsibility about quality of meals or the services you receive in a restaurant or your overall experience with the restaurant.
3. You shall acknowledge that all photos or videos shown in the menus are for illustration purpose only uploaded by the restaurants and the actual meals served may vary to what is advertised or presented in menus visually.
4. You shall agree that according to law, a restaurant reserves the right to refuse selling you alcohol drink or foods having alcohol as ingredients, or tobacco, at their discretion regardless of your age. (e.g. if you are very drunk , if out of their trading time as per their license, etc. )
5. We shall not confirm the availability of a particular meal displayed in our app, as well as 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.
6. We shall not guarantee, confirm, monitor or evaluate the prices asked by the restaurant for its services or goods. This is within your discretion to check prices before submitting any order.
7. You shall agree to pay for the orders you made using the app whether using “ Pay By App “ or Menumiz Pay option or pay at the cashier.
8. You shall agree to pay for service charges, taxes and surcharges should the merchant charges you for them.
9. We bear no responsibility for any transaction whether by card or cash which happens out of the Menumiz app payment system “ Pay By App “ or “Menumiz Pay” (e.g. paying at the counter)
10. We shall not undertake any responsibility in case of any financial damage or damage to your or your family health result of products or services you have received in a restaurant ( e.g. over charged ) or result of the consuming the foods or beverages or tobacco (e.g. food poisoning ) sold by the restaurant.
11. You shall agree that you will not be able to use or redeem any discount coupon or gist cards for ordering and paying for tobacco.
12. You shall acknowledge that gift cards or discount coupons/vouchers might have expiration dates or under especial terms and you might not be able to benefit such incentives or spend such credits as you wish.
13. You shall agree to avoid using any abusive or offensive words in comments while rating a dish, a menu or a restaurant in the app.
14. You shall agree not to send dummy orders using an image of a QR code.
15. 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.
16. You shall agree to receive SMS or Emails or app notification from us time to time on marketing , introducing new offers or inviting you to rate a restaurant, sending you receipt of your payments.
17. By accepting this terms and conditions, you agree that you have no objection on receiving such emails or SMS or app notification. However, you may opt out to receive some part of this contents by email.
18. You shall agree and acknowledge that we are 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.

E: Our Warranty and limited liability

1. 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 Malaysia, We provide no warranties or guarantees to You (including in relation to the performance of Menumiz). 
2. 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 supplying Menumiz again to You.
3. 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. 
4. We cannot guarantee security of the web or the app if you use it on an altered device or an untrusted mobile device. An untrusted device is a device which has unauthorised operating system ( e.g jail broken ) not recognized by its manufacturer or has not the latest updates recommended by the manufacturer or a device which has been compromised by hackers already. Also, we cannot guarantee the security of the app should you connect your device to an untrusted Wi-Fi network.
5. We bear no responsibility on any lost or damage result of  any problem in delivering our services to you or to the restaurant you are visiting due to the internet connection interruption or payment gateways interruptions.
6. We bear no responsibility on any payment interruption result of card decline or exceeding our allowed bill limit should you use “pay by app” option as your method of payment in a restaurant.
7. We reserve the right to upgrade or downgrade, stop or change our services delivered to you without prior notice.
8. You may terminate the service and delete your account at any time subject to settlement of any outstanding bill.
9. These terms and conditions are governed by the laws in force in the State of Kuala Lumpur, Malaysia.
10. This agreement is digitally signed and deemed accepted by you upon selecting the check box when ordering our services.