Terms and Conditions of MyMenu website

Thank you for visiting our website, which is available on https://www.mymenu.ie (further: "MyMenu", or "Website"). The purpose of these Terms is to provide general terms and conditions of using the Website. If a service recipient decides to use MyMenu, these conditions govern, in particular, the terms of using the Website, including payments and our liability. The Website is addressed only to business entities and is not available for consumers. Please read the Terms carefully. MyMenu Team

ABOUT US

1. MyMenu is owned by MySolutions Limited with registered office in 51 Bracken Road Dublin 18 D18 CV48

DEFINITIONS

  1. CLIENT PANEL – E-Service, an online panel available after opening a Service Recipient's account, which enables management of online orders and bookings in the Service Recipient's restaurant as well as purchase of additional services offered by the Service Provider, including, as selected by the Service Recipient, development of mobile apps, development of a restaurant website, ordering marketing services for a restaurant, and support for a loyalty scheme.
  2. TERMS – the present Terms and Conditions of using the Website.
  3. WEBSITE, MYMENU – the Service Provider's website available on https://www.mymenu.ie/, consisting of the Client Panel and its separate functionalities and a web page where the Service Recipient may gain access to functionalities which do not require the Client Panel.
  4. E-SERVICE – a service provided online by the Service Provider to the Service Recipient via the Website, in accordance with the Terms.
  5. SERVICE RECIPIENT – (1) an individual with a full capacity to perform legal transactions, for whom using the Website, including entering into contracts for provision of services, is related directly to business or professional operations conducted by that person (i.e. who is not a consumer here); (2) a legal person; or (3) an organizational unit with no legal personality who has been granted legal capacity under a relevant act, which uses or intends to use E-Services, including functionalities of the Client Panel available in the Website.
  6. SERVICE PROVIDER - MYSOLUTIONS LIMITED with a registered office in 51 Bracken Road Dublin 18 D18 CV48

GENERAL CONDITIONS OF USING THE WEBSITE

  1. MyMenu is a website consisting of the Client Panel and its individual functionalities as well as the web page where the Service Recipient may gain access to functionalities which do not require the Client Panel.
  2. MyMenu offers comprehensive support of an online sales system for restaurants, including without being limited to online processing of orders and, among other things, development of mobile apps or restaurant webpages, system of managing table bookings, restaurant marketing, and managing loyalty schemes.
  3. The Service Recipient is obliged to use MyMenu according to its purpose, the Terms, law, and good practices, with due consideration for personal interests, personal data, copyright, and intellectual property of the Service Provider and third parties. The Service Recipient is prohibited from providing unlawful content.
  4. Technical requirements that are necessary for compatibility with the IT system used by the Service Provider: (1) computer, laptop, or any other multimedia device with Internet access; (2) access to electronic mail; (3) web browser: Mozilla Firefox ver. 17.0 or later or Internet Explorer ver. 10.0 or later, Opera ver. 12.0 or later, Google Chrome ver. 23.0. or later, Safari ver. 5.0 or later, Microsoft Edge ver. 25.10586.0.0 or later; (4) recommended minimum screen definition: 1024×768; (5) enabled Cookies saving and Javascript in the web browser.
  5. The Service Provider is the Controller of the personal data processed in the Website in relation to the performance of the provisions hereof. The personal data is processed for the purpose, to the extent, and based on the grounds and rules specified in the Privacy Policy published in the Website. The Privacy Policy contains, most of all, the rules of processing personal data by the Controller in the Website, including the grounds, purposes, and extent of processing personal data and the rights of data subjects as well as information on using cookies and analytical tools in the Website. Using the Website is voluntary. The provision of personal data by a user of the Website is also voluntary, except for cases specified in the Privacy Policy (entering into a contract and statutory obligations of the Service Provider).
  6. The Service Provider reserves the right to test changed or new functionalities of the Services as part of the development of the Service using research methods, including in particular A/B testing (a research method comparing different versions of the Service), which will be aimed at improving the quality, performance, usability of the Service and conversion in terms of sales made by the Customer to the Customer of the Restaurant. Participation in the tests will not deprive the Customer of access to the standard functionalities of the Service, but access to these functionalities may require a different path. As part of the tests, it is also possible to provide the Client with temporary access to new functionalities of the Website, and the final implementation of them into the functionalities of the Website and a given Subscription will depend on the Service Provider's decision. The Client has no claim against the Service Provider to make the tested functionalities available within the Subscription.

E-SERVICES IN THE WEBSITE

  1. Each Service Recipient may use the Website on the conditions specified in the Terms.
  2. In the Website, the Service Recipient may use the following E-Services.
  3. Each type of E-Services contains multiple functionalities which, together, form a comprehensive set of payable or free-of-charge services provided by the Service Provider in the Website.
  4. The detailed description of E-Services and rules of their operation are available in the Terms and in the Website.
  5.  The Service Provider is obliged to provide services free of defects.
  6. In the Website, the Service Recipient may use the following E-Services
  • Client Panel;
  • Contact Form 
CONDITIONS OF USING THE CLIENT PANEL

  1.  It is possible to use the Client Panel after having opened a Service Recipient account. In the registration form, it is necessary that the Service Recipient provides the following data of the Service Recipient: name of the restaurant, contact phone no., e-mail address, and password.
  2. In order to use the Client Panel and its individual functionalities, the Service Provider may be required to provide other data; the information on the scope of required data is each time provided in the relevant tab or the functionality of the Client Panel.
  3.  
  4. In the Client Panel, the Service Recipient is provided access to its functionalities, including, as selected by the Service Recipient, processing orders online, drawing mobile apps and a restaurant webpage, system of managing table bookings, restaurant marketing, and managing the loyalty scheme.
  5. The Client Panel and individual functionalities being part of it, including subscriptions and additional services, are generally payable. Opening the Service Recipient account in the Client Panel for a trial period is free of charge; however, to use full functionalities of the Client Panel, the Service Recipient has to purchase appropriate service packages in the form of subscriptions as well as optional additional services in the form of a one-off contract for sale of services. It is possible to access some of the functionalities of the Client Panel free of charge, after account registration, over a 7-day's trial period starting from the date of registering the account in the Client Panel. After the end of the trial period, it is possible to use the Client Panel further only after entering into a payable contract for sale of services and paying for a selected type of subscription as well as, optionally, after purchasing additional services and making a payment pursuant to Sec. 6 hereof. The contract for sale of services referred to above may also be entered into before the end of the trial period.
  6. The detailed description of functionalities, possibilities, rules of operation, and services available as a part of the Client Panel is available in the relevant tabs of the Website and the Client Panel.
  7. In the event of any change of their data provided in their profile, the Service Recipient is obliged to update such data promptly.
  8. The Service Recipient may, at any time and without stating the reason, delete their account by sending a relevant request to the Service Provider by e-mail. After reporting an intention of deleting the account, the Service Recipient is still obliged to pay for the started subscription period in the case of having purchased subscription Products. Resignation does not entitle the Service Recipient to be reimbursed for the payment for the unused period of using the services referred to above and one-off services purchased before the resignation.
  9. The Service Provider reserves the right to suspend the possibility of using the Client Panel by the Service Recipient in the following cases:
    1. when the Service Recipient violates these Terms;
    2. when the Service Recipient delays any payments for the Service Provider;
    3. when the actions of the Service Recipient violate the good name of the Service Provider or the Website.
  10. The Client Panel may be suspended for the time specified by the Service Provider or for unspecified time. During the suspension period, it is impossible to log in the MyMenu Client Panel and use its functionalities.
  11. In the event of suspending the possibility to use the Client Panel for over 30 days and when the reasons of suspension have not ceased, the Service Provider has the right to terminate the contract for provision of services with the Service Recipient with an immediate effect.
  12. Nowithstanding the right to suspend the possibility of using the Client Panel, the Service Provider may terminate the contract for provision of an E-Service with the Service Recipient, without stating a reason, with a 14-days' notice.

PAYMENTS 

  1. To obtain full access to the full version of Client Panel functionalities and to renew the access period to the Client Panel after the expiry of the trial period, the Service Recipient is entered into a contract for sale of services after payment is made, which makes it possible to use the Client Panel effectively. The types, description, and prices of services, including subscriptions, are available in the "Pricing" in the website. 
  2. The Service Recipient is obliged to make a payment immediately or, in the event of repeated payments (subscription), on the date no later than a day before the start of the settlement period.
  3. The price of the selected service package is provided, as selected by the Service Recipient, in currency relevant to the geographical location of the Service Recipient, nett of locally applicable sales or value added taxes.
  4. Payments under contracts for sale of services may be made as follows:

    • by transfer to the Service Provider's bank account;

    • in the form of Cash

CONTACT FORM 

  1. E-Services regulated in this section of the Terms provide a possibility of contacting the Service Provider in order to ask a question about the functioning of the Website, to make a complaint, or to place an order for a presentation of functionalities in the Client Panel.
  2. The use of the Contact Form starts after (1) going to the "Contact" tab, (2) filling in the Contact Form, and (3) clicking the "Send message" field – until that moment the Service Recipient may modify the entered data. In the Contact Form, the Service Recipient has to provide the following data: an e-mail address, a phone number, and a message.
  3. The Contact Form E-Service is provided free-of-charge; it is one-off and ends after the message has been sent or when the Service Recipient has resigned from sending a message.

ADDITIONAL CONTRACTUAL PROVISIONS

  1. The Service Provider has the right to withdraw from a contract made with the Service Recipient within 14 calendar days of entering into the contract. In such a case, a withdrawal may be effected without stating a reason and does not result in any legal claims of the Service Recipient against the Service Provider.
  2. The Service Provider has the right to take, at any time, actions aimed at the verification whether the information provided by the Service Recipient is true, reliable, and accurate. As a part of the right to verify, the Service Provider has the right, among other things, to request that the Service Provider send certificates or other documents which the Service Recipient holds and which are necessary to conduct the verification. During the verification referred to above, the Service Provider has the right to suspend the Client Panel for the time of verification.
  3. The Service Provider does not guarantee that the Website is free from defects or that the Service Provider is able to operate the Website with no problems or disturbances. Moreover, due to constant development of new methods of network hacking and attacking, the Service Provider does not guarantee that the Website is free from any vulnerabilities to hacking or attacks.
  4. The Service Provider provides the Website as is and does not make any guarantees, express or implied, concerning its fitness for any specific purpose. In no case can the Service Provider and its suppliers be held liable for damage or violation of third party rights caused directly or indirectly by the operation of the Website, including damage caused by an inability to use or breaks in operation, or any repeated, incidental, or special damage of any kind, including loss of profit or reduction of costs, regardless from whether a representative of the Service Provider has been notified of the possibility of such damage or third party claims taking place.
  5. The Service Provider does not verify whether the contents entered by the Service Recipient in the Client Panel and the manner of using the Client Panel and its functionalities by the Service Recipient are reliable, accurate, and true. The Service Recipient uses the Client Panel, including entering contents and using Client Panel functionalities, at their own responsibility.
  6. The Service Provider may not be held liable towards the Service Recipient for any damage or failure to comply with its obligations resulting from force majeure or any other reasons independent from the Service Provider.
  7. The Service Provider may in no circumstances be held legally liable towards the Service Recipient for damage incurred as a result of proper or improper use of or an inability to use the Website, regardless from whether how the damage was caused and what it pertains to, and whether contractual, tort, or any other liability is invoked, even if the Service Provider knew, should have known, or has been informed on the possibility of such damage.
  8. The Service Provider may be held liable towards the Service Recipient, regardless from the legal basis of the liability, only up to the value of payments for using the functionalities of the Client Panel for the last year made by the Service Recipient to the Service Provider. The Service Provider may be held liable to the Service Recipient only for typical and actually incurred damage, predictable when entering into the contract, except for loss of profit.

COPYRIGHT

  1. Copyright and intellectual property rights to the Website as a whole and to its individual elements, including content, graphics, works, designs, and marks available in the Website, are owned by the Service Provider or other entitled third parties and are protected under the Copyright Act and other generally applicable legal regulations. The protection covering the Website includes all forms of expression.
  2. The structure, organization, and source code of the Website are valuable trade secrets of the Service Provider and its suppliers. The Website should be treated like any other work protected with copyright. The Service Recipient has no right to copy the Website and its functionalities, except for the cases permitted under generally applicable legal regulations. The Service Recipient also undertakes to refrain from modifying, adapting, translating, decoding, decompiling, disassembling, or attempting to determine the source code of the Website in any other way, except for the cases permitted under generally applicable legal regulations.
  3. Individual elements of the Website may be governed by separate rules and licenses to use; in such a case, the Service Recipient is obliged to observe them as well.
  4. By using the Website, the Service Recipient is not granted any copyright to the Website. Upon gaining access to a specific functionality, the Service Recipient is only granted a non-transferrable and non-exclusive license to use the Website, according to its purpose, these Terms, law, and good practices, with consideration of the interests, personal data, copyright, and intellectual property of the Service Provider, other Service Recipients, and third parties.
  5. The license is granted with no territorial restrictions.
  6. The license does not authorise the Service Recipient to sell, lease, lend, rent, or sub-license the whole Client Panel or its individual elements or to lend them for use.
  7. The Service Provider may terminate the license with immediate effect if the Service Recipient violates these Terms or other generally applicable legal regulations.
  8. Trademarks of the Service Recipients and third parties should be used in line with applicable legal regulations.

TECHNICAL BREAKS 

  1. The Service Provider makes every effort to ensure correct and uninterrupted functioning of the Website. However, due to the complexity of the Website as well as external factors independent from the Service Provider (e.g. DDOS attacks – distributed denial of service), errors and technical failures are possible that may prevent or limit in a certain manner the functioning of the Website. In such a case, the Service Provider will take any possible and justified action to ensure that negative consequences of such events are limited as much as possible.
  2. Apart from breaks caused by errors and technical failures, other technical breaks are also possible, during which the Service Provider takes action to develop the Website and secure it against errors and technical failures.
  3. The Service Provider is obliged to schedule technical breaks in the manner that makes them as little troublesome as possible for Service Recipients and only for periods necessary for the Service Provider to complete essential actions.
  4. The Service Provider may not be held liable towards the Service Recipient for damage and failure to comply with its obligations as a result of errors and technical failures as well as technical breaks referred to in this section of the Terms.
  5. If the Service Recipient has no access to the Client Panel for more than 3 hours due to a failure of an IT system of the Service Provider, the Service Provider may return, to the Service Recipient, a part of payments made by the Service Recipient to the Service Provider as a part of the subscription model, in proportion to the time over which the Service Recipient had no access to the Client Panel.

ENTRUSTING PERSONAL DATA PROCESSING

The use of the Website may be related to a need of entrusting the Service Provider, by the Service Recipient, with processing of the personal data of third parties (in particular clients of the Service Recipient's restaurant).

 FINAL PROVISIONS

  1. Contracts entered into with MySolutions Limited through MyMenu are made in line with Irish law and in the English language.
  2. If the whole or a part of any provision of the Terms occurs to be invalid, other provisions remain valid; the Service Provider and the Service Recipient undertake to replace, at the request of either of them, invalid provisions with such provisions whose legal and economic effects are similar to the replaced provisions as much as possible.
  3. Amendments of the Terms – The Service Provider reserves the right to amend the Terms for important reasons, i.e. amendment to legal regulations, adding new E-Services, or important changes of the current E-Services, to the extent that those changes influence the performance of the provisions hereof. The Service Provider also reserves the right to add new methods of payment. The amendments and refrained from terminating the contract within 14 calendar days of the notice date. 
  4. All disputes arising between the Service Provider and the Service Recipient will be referred to the court competent for the place where the Service Provider's registered office is located.

 

APPENDIX NO. 1 TO THE TERMSCONTRACT CONCERNING ENTRUSTING OF PERSONAL DATA PROCESSING

The Service Recipient (further: "Entrusting Entity") and the Service Provider (further: "Processor") agree that in order to comply with the obligations resulting from legal regulations, including without being limited to the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter referred to as the GDPR, as well as to perform the provisions of these Terms properly, the Entrusting Entity entrusts the Processor with the personal data of third parties for processing for the purpose of the provision, by the Processor, of services referred to in the Terms, to the extent and according to the principles specified herein, considering the provisions of the Terms.

  1. The Entrusting Entity represents that the personal data entrusted to the Processor for processing have been collected in line with applicable legal regulations and that the Entrusting Entity is the controller of such data.
  2. The Processor represents that it undertakes to use the personal data only to the extent that is necessary to provide the services referred to in the Terms.
  3. The scope of processed personal data includes first and last names, e-mail address, phone number, data concerning orders, and the address of the social media profile of the Service Recipient's clients whose data has been entered by the Service Recipient to the Client Panel using MyMenu tools, in particular for the purpose of processing orders placed by those persons in the Service Recipient's restaurant using MyMenu.
  4. The data are entrusted by the Entrusting Entity only for the following purposes:
    1. for the correct performance of a contract by the Processor, including a contract for provision of the Client Panel E-Service (the data are stored for the period that is necessary to perform or terminate the contract or until the contract expires in a different manner) – in conjunction with Art. 6(1)(b) of the GDPR;
    2. for the establishment, exercise, or defence of legal claims which may be made by the Entrusting Entity against the Processor or by the Processor (the data is kept for the period of a lawful interest pursued by the Processor, not longer, however, than for the period of claim limitation, i.e. 3 years in the case of claims related to business operations) – in conjunction with Art. 6(1)(f) of the GDPR.
  5. The Processor processes the entrusted personal data based on documented instructions from the Entrusting Party only. The Processor shall not entrust the personal data to further entities without an explicit written consent of the Entrusting Party.
  6. The Processor undertakes to secure the personal data before starting processing, by implementing and maintaining technical and organisational measures which ensure a proper security level adequate to the risk related to data processing referred to in Art. 32 of the GDPR, adequate to the type of data processed.
  7. The Processor undertakes to exercise due diligence in processing the entrusted personal data. The Processor undertakes, in particular, as much as it is able to, considering the nature of processing and available information, to assist the Entrusting Entity in complying with the obligations imposed on it under Art. 32-36 of the GDPR and to reply to the requests of data subjects related to exercising data subjects' rights.
  8. The Processor undertakes to authorise, to process personal data, all parties who will process the entrusted data for the purpose of performing this Contract on behalf of the Processor.
  9. The Processor undertakes to ensure that the processed data is kept confidential by parties authorised by it to process personal data for the purpose of performing this Contract, during employment at the Processor's and after the termination of such employment.
  10. After the end of the provision of services related to processing, the Processor shall erase all personal data and remove all existing copies of such data unless law of the EU or of a Member State obligate the Processor to keep the personal data.
  11. The Processor represents that each person (e.g. an employee, a person working under civil law contracts, other people working for the Processor) who has been admitted to the processing of the entrusted personal data by the Processor will be obligated to keep such data confidential. The confidentiality shall also include all information concerning manners of securing the personal data entrusted for processing.
  12. The Processor undertakes to notify the Entrusting Entity promptly of the following:
    1. each lawful request for access to personal data from a competent state authority unless the prohibition of notification results from legal regulations, including without being limited to criminal proceedings regulations, when the prohibition aims at ensuring the confidentiality of a pending investigation;
    2. each unauthorised access to personal data;
    3. each request from a person whose data are processed, refraining, at the same time, from replying to such a request;
    4. initiation of an inspection procedure at the Processor's concerning the manner of processing the entrusted personal data;
    5. each doubt concerning instructions provided by the Entrusting Entity if, in the opinion of the Processor, the instructions violate the GDPR.
  13. The Processor shall provide, to the Entrusting Entity, at its request, all information necessary to demonstrate that it has complied with all obligations imposed on the Processor under this Contract and the GDPR.