Menufy’s Customer Terms of Use
LASt updated February 11, 2020
Thank you for choosing Menufy!
Before using our services, please carefully review these Terms of Use. These terms are important and contain legal disclosures that affect the relationship between you and Menufy (“Menufy,” “we,” “our,” or “us”) and your use of Menufy’s website, mobile application, and services (collectively, the “Site”). These Terms of Use constitute a legal agreement between you and us regarding your use of the Site. By using our Site, you acknowledge that you have read and understood these terms, agree to the Terms of Use, and have the legal capacity to be bound by its terms. Our Site is available to persons over 13 years old. If you are between the ages of 13 years old and 18 years old, please obtain your parent or guardian’s permission to use the Site and review the Terms of Use with your parent or guardian. If you do not agree to these Terms of Use, do not use the Site.
IMPORTANT NOTICE
PLEASE BE AWARE THE SECTION BELOW TITLED “DISPUTE RESOLUTION” CONTAINS PROVISIONS GOVERNING HOW CLAIMS YOU MAY HAVE AGAINST MENUFY ARE RESOLVED. IT CONTAINS AN ARBITRATION PROVISION AND A WAIVER PERMITTING YOU TO ONLY PURSUE CLAIMS AND SEEK RELIEF AGAINST MENUFY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. BY AGREEING TO THESE TERMS, YOU AGREE TO THE PROVISIONS OF THE DISPUTE RESOLUTIONS SECTION. PLEASE READ IT.
1. ABOUT MENUFY
Menufy allows customers to order meals and beverages from restaurants through Menufy’s website and mobile application. Although you place orders through our Site, we do not prepare your order, food, or beverages; rather, we connect you with restaurants through our Site and process orders placed through the Site. Menufy requires restaurants to comply with all applicable laws and safety regulations regarding your order and food preparation. Menufy, however, cannot verify every restaurant’s compliance with all laws and regulations for every order placed through our Site. Menufy does not verify a restaurant’s ingredients, menus, or representations regarding its food or food preparation. You are advised to contact the restaurant directly should you have any food allergens or questions about your order with the restaurant. By agreeing to these Terms of Use, you understand and agree Menufy will not be responsible for a restaurant’s ingredients or representations made about its food.
2. USING MENUFY’S SITE
Menufy connects customers with local restaurants through the Site. You may access the restaurants’ menus and offerings, and place orders as a Guest or through your social media account(s). We collect certain information from you when you place an order through the Site, including, but not limited to, your name, address, phone number, email address, or payment information. Additionally, if you login through your social media account(s), you understand that content that you have provided to and stored in your social media account may become available to us and consent to us having this information. By placing an order through the Site, you consent to us collecting your personal information and keeping it for as long as we deem necessary. You agree that the information you provide is true, accurate, and up-to-date, including all payment information.
Menufy also partners with delivery service providers to deliver orders to you (when available and selected by you). Menufy may share certain information you provide to us with the delivery service providers to complete the delivery of your order. The delivery service providers are independent contractors who are not employed by Menufy. Each delivery service provider controls the means and method in which its workers deliver orders. Your use of delivery service providers may be subject to the company’s terms of use. Please review the applicable delivery service provider’s terms for more information. Menufy is not responsible for the services, acts, omissions, or representations of the delivery service providers.
3. PAYMENT
You pay for order(s) placed through the Site. When you place an order, you agree that we may immediately charge your credit card, Google Pay, Apple Pay, Venmo, PayPal, Bitcoin, or other financial account. You agree that all information you submit when you place an order will be true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend, terminate, or refuse current or future use of the Site.
All payments are non-refundable and final, unless we determine, in our sole discretion, an error was made in your order due to no fault of your own. If we determine an error was made, we may issue a refund or a Menufy credit. If you have any questions regarding charges relating to your order, please contact us at info@menufy.com. If you are a California resident, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.
Your use of Google Pay, Apple Pay, Venmo, PayPal, and/or Bitcoin may be subject to the terms of use of each respective company. You should review them.
4. MENUFY’S INTELLECTUAL PROPERTY
The Site contains materials, such as software, code, text, graphics, images, and other materials (collectively, the “Materials”) owned by us or other parties. The Site and Materials are protected under applicable intellectual property laws of the United States and other jurisdictions, including, but not limited to, trademark, copyright, patent, and trade secrets. Provided you are eligible to use the Site and you comply with these Terms of Use, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Site for your personal, non-commercial use.
5. YOUR OBLIGATIONS
By using our Site, you agree:
You will not use the Site for any fraudulent purpose;
You will not engage in criminal or tortious activity while using the Site;
You will comply will all applicable laws while using the Site;
You will not use the Site if you are under 13 years old;
You will not use any automated means, data scraping, extraction, or other systematic data retrieval from the Site;
You will not make any unauthorized use of the Site;
You will not circumvent, disable, or otherwise interfere with the security of the Site;
You will not deep-link or frame the Site;
You will not interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
You will not use the Site to purchase alcohol if under the age of 21;
You will not use the Site to compete with us;
You will not harass, annoy, intimidate, or threaten any of our employees or agents in connection with using the Site or services provided;
You will not make false or misleading statements about the Site or our services.
6. COMMUNICATIONS WITH MENUFY
We and our delivery service providers may communicate with you regarding your use of the Site or delivery of orders. By using our Site, you consent to receiving communications from Menufy, including phone calls, faxes, emails, SMS and MMS text messages, messages through electronic apps or platforms, and any other communications made by and on behalf of Menufy that may relate to the Site, your order, delivery of your order (if applicable), or these Terms of Use.
You are also encouraged to contact us with any questions or feedback. Please do not send us any confidential information. If you contact us, you grant us a royalty-free, irrevocable, non-exclusive license to use any information you send us, whether feedback, questions, or other communication, for any purpose whatsoever, without contribution or compensation to you, that is not protected under intellectual property law or otherwise protected.
7. REVIEWS AND RATINGS
You may have the ability on the Site to leave reviews or ratings. Your reviews or ratings are subject to these Terms of Use. When posting a review, the following terms apply: (1) you had first-hand experience with the restaurant being reviewed within 10 days of your review; (2) you are not affiliated with competitors of the restaurant; and (3) your post complies with these Terms of Use. You consent to Menufy using your review(s) or rating(s) in connections with the Site and its services without notification or approval from you, and without contribution or compensation to you. We may remove any rating or review without notice if we determine the review or rating is false or misleading. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.
8. TERMS FOR MOBILE APPLICATION USE
We make our services available via our mobile application. We grant you a revocable, non-exclusive, non-transferable right to install and use the mobile application on mobile devices owned or controlled by you. Your use of the mobile application must comply with these Terms of Use. All rights, title, and interest in the mobile application is maintained by us and any third-party code provider. We retain and reserve all rights in the mobile application not expressly granted herein. You agree to comply with all applicable laws relating to use of the mobile application.
You may use the mobile application on an Apple iOS or Android operating systems. As applicable, you use must comply with the Apple App Store or Google Play Store Terms of Service. Neither Apple nor Google is a party to these Terms of Use. Neither Apple nor Google is responsible for the mobile application, including maintenance, trouble-shooting, or any claims arising from your use of the mobile application. You understand and agree that Apple and Google are third-party beneficiaries of the mobile application section of these Terms of Use.
9. EXTERNAL WEBSITES
The Site may contain links to third-party websites ("External Websites"). These are provided as a convenience and is not an endorsement by us. We do not investigate, monitor, or verify the accuracy of the External Websites. We are not responsible for and do not assume any liability for any content on the External Websites. You access the External Websites at your own risk and understand these Terms of Use do not govern your use of the External Websites.
10. PRIVACY POLICY
Please review our Privacy Policy located at: https://restaurant.menufy.com/privacy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.
11. DIGITAL MILLENNIUM COPYRIGHT ACT
Menufy respects the intellectual property rights of others. If you believe your copyrighted work has been copied or available on the Site, please immediately notify our Designated Copyright Agent at: Menufy, Attn: Copyright Agent, 7400 College Boulevard, Suite 400, Overland Park, KS 66210. Please include the following information required by the Digital Millennium Copyright Act:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site;
(3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
(5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
Please note it is against federal law to knowingly misrepresent that materials infringe on the rights of others, and doing so may subject you to criminal prosecution, monetary damages, and attorneys’ fees.
12. TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. We reserve the right, in our sole discretion, to terminate your use of the Site for any reason, including violation of these Terms of Use, fraudulent, criminal, or illegal behavior, or for no reason at all. We reserve the right to terminate your use of the Site without prior notice or liability. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
13. DISPUTE RESOLUTION
A) Binding Arbitration and Jury Waiver
If a dispute arises between You and Menufy relating to your use of the Site, you agree that all claims will be resolved through binding arbitration governed by the Federal Arbitration Act (“FAA”). BY AGREEING TO ARBITRATION, YOU DO NOT HAVE THE RIGHT TO LITIGATE YOUR CLAIM(S) IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitrator’s fees and the costs will be shared equally by the parties, unless prohibited by law. Parties are responsible for their own attorneys’ fees. The arbitration proceeding will take place in Overland Park, Kansas, unless otherwise agreed. A Kansas court of competent jurisdiction will have the authority to enter judgment on the arbitrator’s decision and award. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Notwithstanding the foregoing, each party retains the right to seek injunctive relief relating to intellectual property rights in a Kansas court of competent jurisdiction. If this provision is found to be illegal or unenforceable, then neither you or Menufy will elect to arbitrate any claim. Instead, claims shall be decided by a Johnson County, Kansas court of competent jurisdiction, and you agree to submit to the personal jurisdiction of that court.
B) Class Action Waiver
You acknowledge and agree that any claim or dispute in any arbitration or proceeding shall be brought on an individual basis only, and not as a class action or collective action, and there is no right or authority for any dispute or claim to be brought in a purported representative capacity on behalf of the general public or any other persons. Regardless of anything herein, the interpretation, applicability or enforceability of the Class Action Waiver may only be determined by a court and not an arbitrator.
14. DISCLAIMER
MENUFY CANNOT GUARANTEE THE SITE WILL BE AVAILABLE AT ALL TIMES. YOU AGREE AND UNDERSTANDS THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” MENUFY WILL NOT BE LIABLE TO YOU FOR DAMAGES RESULTING FROM THE FAILURE OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, AND OTHER THAN AS EXPRESSLY PROVIDED IN THE AGREEMENT, MENUFY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TERMS OF USE, THE SITE, AND ANY USE THEREOF, INCLUDING WITHOUT LIMITATION DISCLAIMS ANY AND ALL STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. TO THE EXTENT THAT A PARTY MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SITE OR EXTERNAL SITES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE.
15. LIMITATIONS OF LIABILITY
MENUFY WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, LOSS OR INACCURACY OF DATA OF ANY KIND, REGARDLESS OF WHETHER MENUFY WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $1,000. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
16. INDEMNIFICATION
You agree to defend, indemnify, and hold us and our officers, agents, partners, and employees harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use of the Site, breach of these Terms of Use, or breach of your obligations under these Terms of Use. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
17. MISCELLANEOUS
Relationship. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site.
Governing Law. Except for the Arbitration Agreement, which is governed by the FAA, the Agreement will be governed by Kansas law, without regard to conflict of law principles.
Entire Agreement. This Terms of Use and any policies posted on the Site constitute the entire agreement between Menufy and You with respect to your use of the Site, and supersedes all previous or contemporaneous agreements, whether written or oral.
Right to Update Terms and Agreement. You acknowledge and agree that Menufy has the right to update and modify these Terms of Use at any time in its sole discretion by posting updated Terms the Site. You may not amend the Terms of Use unless such amendment is signed by an authorized representative of Menufy.
Severability. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable.
Force Majeure. We will not be liable for any loss, damage, failure, or delay in performance under these Terms of Use due to causes beyond our reasonable control.
18. CONTACT US
If you have any questions, comments, feedback, or complaints regarding the use of our Site or our services, please contact us at:
Menufy.com LLC
7400 College Boulevard, Suite 400
Overland Park, KS 66210
United States
Phone: 913-738-9399
info@menufy.com