Updated 20 Aug 2018
Protecting your privacy
Universal Apps Pty Ltd trading as Menumiz (“Menumiz”, “we”, “our”, “us”) is committed to providing you (“your business”, “restaurant”, “café”, “bar”, “eatery”) or your employees with the highest levels of customer service and to protecting your privacy. We are bound by the Privacy Act 1988 (Cth) (“Privacy Act”), which sets out a number of principles concerning the protection of your personal information known as the Australian Privacy Principles.
Menumiz is a platform wholly owned Universal Apps Pty Ltd and is responsible for the Menumiz app, the web based platform or websites. In this statement a reference to “related companies” means Universal Apps Pty Ltd and its subsidiaries, its partners and its third party service providers.
What personal information do we collect?
The personal information we collect and store may include your business name, company profile, credit report, registration or business numbers, tax numbers, contacts and addresses, emails, social media information, your banking related information, your staff and employees name and contacts, profile picture, date of birth, gender, mobile numbers, email addresses, work-related information, occupation, ingredients of your products and goods (food and drink) , preferences for using our application and websites (including which pages you have visited and what you have clicked on), driver’s license details, web log, computer, device and connection information, IP, your Menumiz password, and (depending on the service) banking and credit card details. We also hold details of your Menumiz account, your accounting entries and reports, your inventory records and as well your business related reports (e.g. sales , lost , profit, list of suppliers …).
Menumiz application may use your device location service to collect information about your location in order to assist us in finding you a nearby customers or fulfilling orders placed via the application or website in order to tailor Menumiz services to you. You may choose to opt out of having Menumiz collect information about your device location by turning off the location services feature on your mobile device under Menumiz. However, this may result in Menumiz being unable to provide you with the service (or all parts of the service) offered through the application.
Should any person use your Menumiz account to receive or process orders, we treat such order as a live and valid order under your responsibility. We assume no obligation against any third party claims in case of any abuse under your account by your employees or third parties.
What information do we disclose to the your customers about you?
To fulfil our services and to enable you process and deliver you goods or services, we may share with your customers who are using the Menumiz app, the following information regardless if such information are assumed public or personal.
· Your restaurant digital menu(s)
· Your business name and contact
· Your business social media
· Your business reg. number
· Your GST/SST or related Tax number
· Your logo and photos
· Your facilities
· Your price range
· Your working hours
· Your dishes ingredients (as provided by you)
· Your ratings in Menumiz
What information will NOT be disclosed to the customers?
We will NEVER disclose the following personal information to the your customers in any circumstances:
· Your mobile number(s)
· Your email address (unless used in your page under contacts)
· Your date of birth
· Your credit card information
· Your IP
· Your suppliers
· Your business reports
· We bear no responsibility should you provide such information directly to your customers or in case, they could have obtained such information through other sources or methods.
How do we collect personal information?
We collect personal information in a number of ways, including:
Directly from you through our application, platform, websites, via the phone, via application forms or when you download and use digital applications; when you visit our office or meet our agents.
From other parties (such as your representatives, credit reporting agencies, social media sites, our related companies, our syndication partners);
From publicly available sources;
From organisations identified under (“When do we disclose your personal information” see below);
From your friends or colleagues who are using our services,
From our own records of when you visit us online or where we have an online presence, (such as Facebook, Instagram or Twitter); and
When we are required by law.
This is not an exhaustive list of information we may collect or store as it may depend on the service or product being offered. If you don’t provide us with this information, unfortunately we may not be able to provide you with the service you require.
We usually collect personal information directly from you although sometimes we may use agents or service providers to do this for us. We may also get lists and business information that include personal information from other sources, both from other companies and from other public documents.
Why do we use your personal information?
Your personal information may be used to:
· Verify your identity;
· Provide our services;
· Conduct credit checks and to help prevent fraud;
· Perform research and analysis aimed at improving our products, services and technologies;
· Help us deliver better services and tailor those services to you;
· Help us maintain and develop our business systems and infrastructure; and
· Promote and market services and products to you (sometimes even after you leave us) either by us, or our related companies.
What do we do with your personal information?
We may use a combination of your personal information in order to analyse our system and your services to improve our services or recommend you or others how to justify their goods and services to serve better. The information used may include your customers age, gender, dietary habits and preferences, history of your orders and visits, number of orders, date and time of the orders, your table turn over, financial information such as the amount your customers spend in dining out, the method of their payment or frequency of using such methods. Please remember that we DO NOT disclose such information to other restaurants about you particular restaurant. The result of such analysis is a general report on dining out in a region, in a city or in a country and shall be used by us to improve our services or might be used by marketing companies or research institutions.
How do we use your personal information for marketing?
We may use your logo and business name in list of our clients to promote our products and services. We may forward customers to you by providing them discount coupons under our pre-agreements with you or with other organizations who may choose your business as their favourite. (in this case such organization shall absorb the discount cost)
When do we disclose your personal information?
We may disclose your personal information to other organisations, but we’ll only do this in relation to us providing our services to you or as otherwise set out in this policy. We take all reasonable steps to maintain the security of your personal information and to protect it from unauthorised disclosures.
Menumiz has processes in place that require organisations to adhere to confidentiality obligations to protect your personal information.
These organisations may be based locally or overseas. They may carry out functions for us such as:
· Customer enquiries;
· Fulfilling your orders;
· Processing payments;
· Billing and debt-recovery functions;
· Information technology services;
· Data verification services;
· Marketing, telemarketing and sales services;
· Market research; and
· Website usage analysis.
· In addition, we may disclose your personal information to:
· Your authorised representatives or advisers (when requested by you to do so);
· Credit-reporting and fraud-prevention organisations;
· Our related companies;
· Our professional advisers;
· Government, regulatory authorities and other organisations, as required by law;
· Organisations who manage our business and corporate strategies, including those involved in a transfer/sale of all or part of our assets or business and those involved in managing our corporate risk and funding functions; and
· Our syndication and marketing partners.
When we share your information with a third party, we will require that the third party only use, store and disclose your information in a way that is consistent with this policy.
We may share your personal information with our related companies to assist them with their business development and to market their own products and services to you and may continue to do so after you cease acquiring services from us. Our related companies will use and disclose your personal information in accordance with their privacy policies. If you want to know more about our related companies, their areas of business and their commitment to privacy, please contact us as set out below.
About our application, websites, IP addresses and ‘cookies’
When you use our application or visit our websites, our web servers record information such as the user name, IP, time, date, device and URL of the request. This information assists us to improve the structure of our websites and monitor their performance. Sometimes we also use third parties to analyse this information.
Sometimes cookies may collect and store personal information about you. We treat this information in the same way as any other personal information you provide. You can adjust your internet browser to disable cookies or to warn you when cookies are being used. However, if you disable cookies, you may not be able to access certain areas or experience the added features offered with the enablement of cookies.
We also collect and manage Internet Protocol (IP) addresses and device identifiers – the unique identifiers on your computer or device. It’s used for the purpose of providing Internet session management and to detect any misuse or fraudulent activities involving our application and websites.
Third party sites
How accurate is your information?
We take all reasonable precautions to ensure that the personal information we collect, use and disclose is accurate, complete and up to date. However, the accuracy of that information largely depends on the details you give us. Please let us know if there are any errors and keep us up to date with any changes. You can do this via the ‘Update Profile’ tab of the application.
Access to your personal information and privacy complaints
We take the protection of your privacy very seriously. So if you have any concerns, or you think your personal information is inaccurate or has been handled in a way that doesn’t comply with the Australian Privacy Principles, please send an e-mail to [email protected] We’ll investigate and respond in writing within 30 days of receiving your complaint.
If we haven’t responded within this time, or you feel dissatisfied with our reply, please contact our office and we’ll let you know who can help.
Your Third Party information
You may have to provide us with third party information such as your suppliers contact details to enable us provide our services to you. We assume that you have permission from those third parties before disclosing such information to us. We recommend you check in advance with them to clarify on such cases, we bear no responsibility on any third party claims on privacy matters.
You can read more on privacy at the Office of the Australian Information Commissioner website.
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
You need an account with Menumiz in order to use our Services. 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.
A: By creating an account in Menumiz app, you shall agree on the followings:
You shall confirm that you are at least 16 years old and legally capable of forming binding contracts for necessaries.
You shall confirm your age correctly.
You shall declare if you are not allowed to drink alcohol or smoke based on you local law.
You shall provide restaurant with your ID should they ask for proof of your age.
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.
You shall not use third parties information or impersonate them or identify yourself as third parties.
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 is not allowed in our system.
Selling or offering alcoholic drinks or tobacco to under aged guests ( as per your local law ) is not allowed in our system.
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 SMS from us regardless of the purpose or contents delivered to you.
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 are aware and responsible of any order submitted through your account to a restaurant.
You shall agree that you are authorized to use the credit card(s) or PayPal account(s) for making payment should you wish to pay using “pay via app” option ( 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 chargeback, you account will be suspended, we will stop providing any service for you, all your previous records will be assumed scam or fraud and all the records will be removed from our system.
You shall agree to pay for any order you (or your gusts) have submitted to a merchant ( restaurant )
You shall agree to pay for any tax, service fee, transaction charge occurred in your order as per local law.
You shall authorize us or our agents to deduct relevant charges from your provided credit card/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 incase of any discrepancy or miscalculation from our side. ( If Any )
B: by using the app in a restaurant:
You shall acknowledge that running the app and using our service 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.
You shall acknowledge that to use our system, you need an Android or iOs device and at least 3G network access.
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.
You shall agree to authorize us to charge your credit card for payment when you choose to pay via app option in a restaurant.
You shall agree to settle the restaurant bill before exiting the restaurant.
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.
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 we have not any role or control on the quality of services or quality of goods and products you may receive or buy from the restaurant.
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.
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.…. )
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.
We shall not guarantee, monitor or evaluate the price asked by the restaurant for its services or goods.
We shall not undertake any responsibility in case of any financial damage or damage to your or your family health result of 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 ) prepared by the restaurant.
You shall agree to avoid using any abusive or offensive words in comments while rating a dish or a restaurant in the app.
You shall agree not to send dummy orders using an image of a QR code.
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.
You shall agree to receive SMS or Emails from us time to time on marketing , introducing new offers or inviting you to rate a restaurant, sending you receipt of your payments.
By accepting this terms and conditions, you agree that you have no objection on receiving such emails or SMS. However, you may opt out to receive some part of this contents by email.
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 supplying Menumiz again to You.
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.
We cannot guarantee security of 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 upadtes recommended by the manufacturer. Also, we cannot guarantee the security of the app should you connect to an untrusted Wi-Fi network.
You may terminate the service and delet your account at any time subject to settlement of any outstanding bill.
These terms and conditions are governed by the laws in force in the State of Queensland, Australia.
This agreement is digitally signed and deemed accepted by you upon selecting the check box when ordering our services.