General Terms
The Online Menu website provides a software platform for maintaining, ordering and displaying a digital menu (Services) of companies in the hospitality industry. Therefore, Online Menu is not itself an operator or provider of those services.
By accessing, viewing and/or creating an account with Online Menu, you confirm that you are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire platform and any email or other type of communication between you and Online Menu.
Under no circumstances shall Online Menu team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if Online Menu team or an authorized representative has been advised of the possibility of such damages.
Online Menu will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change our subscription prices and revise the resources usage policy in any moment.
Definitions and key terms
To help explain things as clearly as possible in this Terms & Conditions, every time any of these terms are referenced, are strictly defined as:
- Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
- Company: when this terms mention “Company,” “we,” “us,” or “our,” it refers to Trends Africa Technology Systems Ltd, owners of Online Menu, that is responsible for your information under this Terms & Conditions.
- Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit Online Menu and use the services.
- Service: refers to the services and features provided by Online Menu Platform.
- Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
- “Platform”, “Site” and “Website”: Online Menu website, which can be accessed via this URL: https://onlinemenu.africa
- “Client”, "User", “You” and “Your” refers to you, the person accessing this platform and accepting the Company’s terms and conditions.
License
Online Menu grants you a revocable, non-exclusive, non-transferable, limited license to view, download/print and use the website strictly in accordance with the terms of this Agreement.
These Terms & Conditions are a contract between you and Online Menu (referred to in these Terms & Conditions as "Online Menu", "us", "we" or "our"), the provider of the Online Menu website and the services accessible from the Online Menu website (which are collectively referred to in these Terms & Conditions as the "Online Menu Service").
You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the Online Menu Service. In these Terms & Conditions, "you" refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.
Restrictions
You agree not to, and you will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the website or make the platform available to any third party.
- Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the website.
- Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Online Menu or its affiliates, partners, suppliers or the licensors of the website.
Payment
If you register to any of our recurring payment plans, you agree to pay all fees or charges to your account for the Service in accordance with the fees, charges and billing terms in effect at the time that each fee or charge is due and payable. Unless otherwise indicated in an order form, you must pay Online Menu via the available Payment Gateways provided on the platform as a condition to signing up for the Premium plan. Your Payment Provider agreement governs your use of the designated credit card account, and you must refer to that agreement and not these Terms to determine your rights and liabilities with respect to your Payment Provider. Online Menu reserves the right at any time to change its prices and billing methods, either immediately upon posting on our platform or by e-mail delivery to you. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you.
No contract will exist between you and Online Menu for the Service until Online Menu accepts your subscription order by a confirmatory e-mail, SMS message, or other appropriate means of communication.
You are responsible for any third-party fees that you may incur when using the Service.
Your Consent
We've updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it's being used. By using our website, registering an account, or subscribing, you hereby consent to our Terms & Conditions.
Links to Other Websites
This Terms & Conditions applies only to the Services. The Services may contain links to other websites not operated or controlled by Online Menu. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.
Cookies
Online Menu uses "Cookies" to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our website but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the website as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.
Changes To Our Terms & Conditions
You acknowledge and agree that Online Menu may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Online Menu’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Online Menu when you stop using the Service. You acknowledge and agree that if Online Menu disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account.
If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.
Modifications to Our website
Online Menu reserves the right to modify, suspend or discontinue, temporarily or permanently, the website or any service to which it connects, with or without notice and without liability to you.
Updates to Our website
Online Menu may from time to time provide enhancements or improvements to the features/ functionality of the website, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the website. You agree that Online Menu has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the website to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the website, and (ii) subject to the terms and conditions of this Agreement.
Third-Party Services
We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third- Party Services").
You acknowledge and agree that Online Menu shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Online Menu does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or Online Menu.
Online Menu may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
If we terminate or suspend your account, you are prohibited from registering or creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
This Agreement will terminate immediately, without prior notice from Online Menu, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by cancelling your subscription through the steps provided on the platform for cancellations.
Termination of this Agreement will not limit any of Online Menu's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
User Content
By creating, posting, sending, receiving, submitting or uploading any Information on or through the Platform, you automatically grant Online Menu a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to such Information to access, use, store, copy, modify, reproduce, share, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Information to provide and/or promote the Online Menu, in any media or platform.
You are solely responsible for the Information you make available or publish on the Platform, and you represent and warrant that you have all the rights, licenses, consents and authority necessary to publish it and grant Online Menu the content rights discussed in these terms. You also ensure that all information is not fraudulent, false, misleading, deceptive, defamatory, obscene, or offensive.
Indemnification
You agree to indemnify and hold Online Menu and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the website; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
No Warranties
The website is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Online Menu, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Online Menu provides no warranty or undertaking, and makes no representation of any kind that the website will meet your requirements, achieve any intended results, be compatible or work with any other software, websites, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Online Menu nor any Online Menu's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the website, or the information, content, and materials or products included thereon; (ii) that the website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the website; or (iv) that the website, its servers, the content, or e-mails sent from or on behalf of Online Menu are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of Online Menu and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the website.
To the maximum extent permitted by applicable law, in no event shall Online Menu or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the website, third-party software and/or third-party hardware used with the website, or otherwise in connection with any provision of this Agreement), even if Online Menu or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Entire Agreement
The Agreement constitutes the entire agreement between you and Online Menu regarding your use of the website and supersedes all prior and contemporaneous written or oral agreements between you and Online Menu.
You may be subject to additional terms and conditions that apply when you use or purchase other Online Menu's services, which Online Menu will provide to you at the time of such use or purchase.
Updates to Our Terms
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.
Disclaimer
Online Menu is not responsible for any content, code or any other imprecision.
Online Menu does not provide warranties or guarantees.
In no event shall Online Menu be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.
The Online Menu Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. Online Menu is a distributor and not a publisher of the content supplied by third parties; as such, Online Menu exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Online Menu Service. Without limiting the foregoing, Online Menu specifically disclaims all warranties and representations in any content transmitted on or in connection with the Online Menu Service or on sites that may appear as links on the Online Menu Service, or in the products provided as a part of, or otherwise in connection with, the Online Menu Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by Online Menu or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Online Menu does not warrant that the Online Menu Service will be uninterrupted, uncorrupted, timely, or error-free.
Contact Us
Don't hesitate to contact us if you have any questions.
- Via Email: hello@onlinemenu.africa