Effective date: 05 March 2019
By registering and/or using the Service in any manner, including but not limited to visiting or browsing the Site, the User confirms to have acknowledged and accepted all terms and conditions contained herein.
Please keep in mind that these provisions, including those which are incorporated by reference, may be modified from time to time, and that only those currently visible on our Website and App are up to date and valid at the time. Should any material change take place, we will notify you in advance and your continued use of the Service shall constitute your acceptance to the changes.
If you do not wish to continue using the Service, you may terminate the agreement in accordance with the rights assigned to you pursuant this agreement. However, acceptance of our Terms of Service is a condition for the User to use the Service provided by us. Therefore, we encourage you to periodically familiarise with the currently effective version of our Terms of Service made available via our Website and App.
The “App” means Quicklink Media Limited’s software application herein referred to as Menoo and Menoo Dashboard that enables the User to utilise and access the services pursuant to this agreement. We may exercise our discretion from time to time to update or modify this software application . The “Client Content” means any information that a Venue retains all right, title and interest in. This is including any and all Intellectual Property Rights pertaining to the Venue’s business/trade, and including information relating to its code, information, data, maps, icons, text, graphics, images, fonts, colour schemes, videos, messages or other materials such as special offers and menus that the Client may offer to Users via our Service.
The “Company” refers to as “Menoo”, “we”, “us” and “our” who are Quicklink Media Limited whose Company Registration Number is 9670603 and whose Registered Office is 37 Elmcroft Crescent, London, HA2 6HL.
The “Intellectual Property Rights” mean all intellectual and proprietary rights including but not limited to trade and service marks, registered and unregistered design rights, all design right applications, patents, copyrights, database rights, moral rights, and rights in know-how, confidential information and inventions and other intellectual property rights of a similar or corresponding character whenever and however arising and all renewals and extensions of such rights which may or in the future subsist.
The “Menoo Content” means the content that the Company create and make available in connection with the Service. This is including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Menoo Service(s), albeit the exception of your User Content and Client Content.
The “Service” means the Apps offered by our Company, to facilitate the Client with the ability to upload, post, publish or display information, including but not limited to any special offers, discounts, menus, logos, icons, graphics, images, and videos of any goods or services of the Client’s business or trade via our software applications; Menoo and Menoo Dashboard.
The “Terms of Service” means these provisions under this agreement which Quicklink Media Limited and its affiliates provide the Services(s) to you. These may be modified from time to time.
The ”User” refers to “you” or “your” refers to you, as a user of the Menoo Service(s). A user is someone who accesses or uses the Menoo Service(s) for the purpose of sharing, displaying, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Menoo Service(s).
The “User Content” means content that you upload, share or transmit to, through or in connection with the Service, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile.
The “Venue” shall refer to corporate entity (including any sole trader, partnership, limited company or other organisations or person) who operate business trade, which may be including but not limited to restaurants, stalls, coffee shops, pubs and bars, and any other food & beverage places/providers, which are displayed via the App to facilitate the Service provided to the Client.
The “Website” means a collection of one or more web pages grouped under the same domain name, which can be found at: www.menoo.co.uk
Ownership of the Menoo Service
1. Quicklink Media Limited and any of our parent companies, subsidiaries, joint-venture, or any other companies under our common control as defined in section 1159 of the UK Companies Act 2006, shall own all right, title and interest of all and any Intellectual Property Rights in and related to the App, Website, software platform, and the Service(s).
2. We shall retain all rights and ownership in relation to all Intellectual Property Rights, including but not limited to copyrights, trademarks, service marks, unregistered design
rights, all design right applications, and patents, as well as all designs, text, graphics, pictures, video, visual interfaces, information, compilation, applications, software, music, sound, and elements and components and their selection and arrangement that are associated with the Menoo Content and Service(s) provided by the Company.
Your License to the Menoo Content
3. Subject to these Terms of Service, the Company hereby grants the User a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service only as expressly permitted in the provisions contained therein this agreement. You may use information made available through the Services solely for your personal, non-commercial use.
5. As such, the User shall comply with the following requirements in respecting our ownership of the Service in acknowledging and accepting that:
- 5.1 The User will not modify, reproduce, distribute, frame, create derivative works or adaptations of, publicly display, sell or in any way exploit any of Menoo’s Content and Service(s) provided in whole or part, except as expressly permitted by the Company;
- 5.2 The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App, Website, software platform, or the Service(s). The Company does not grant the User with any express or implied rights in the Content and Service, and all rights in and to the Menoo Service(s) are retained by the Company;
- 5.3 The User shall warrant that they will not modify the paper or digital copies of materials that they have printed or downloaded from the Website, App or through any other means whereby information relating to the Menoo Content and Service is available, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
- 5.4 Should it be deemed that a User has infringed or violated any of the terms pursuant to the Company’s Intellectual Property Rights provisions, the User accepts and acknowledges that their right to continue to use the Service(s) may cease immediately. Our License to your User Content
6. By submitting your User Content via our Website, App or otherwise, you hereby grant the Company a perpetual, worldwide, irrevocable, non-exclusive, royalty free, sub-licensable and transferable license with full permission to use your User Content and all IP Rights therein for any purpose in connection with Menoo’s products and service that exist now or in the future. By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyse, promote, commercialise, create derivative works, and in the case of third-party services, allow their users and others to do the same. You hereby grant the Company a right to publish your User Content via the Website, App, or otherwise for the purposes of the Company to facilitate the User’s engagement and use of the Menoo Service(s).
7. The User is however responsible for all and any of its User Content throughout the engagement and duration of use of our Service. The User must therefore represent, warrant and covenant that:
- 7.1 The User shall act in good faith at all times;
- 7.2 The User is the owner of, or otherwise have the right to provide, modify and remove any of their User Content that is submitted, posted, and/or otherwise transmitted and made available through the Menoo Service(s);
- 7.3 Any information supplied by the User in connection with their User Content is accurate, complete and true. The User accepts and acknowledges that it is their sole and exclusive responsibility to check for the accuracy of any User Content, including but not limited to its design, grammar and spelling prior to publication on our Website and/or App, or any other means whereby the User publishes its User Content via the Menoo Service(s);
- 7.4 Any publication, reproduction or otherwise of the User Content that is made via the Service is at the User’s own risk. The User is aware that they may expose themselves to liability should they breach any contract or infringe or violate any copyright, trademark or any other personal or proprietary right of any person or violate or infringe any law;
- 7.5 The User acknowledges that, in order to ensure compliance with our legal obligations, we may be required to review certain User Content submitted to the Menoo Service(s) to determine whether it is illegal or whether it infringes or violates our Terms of Service in any manner. We may therefore modify, prevent access to, delete, or refuse to display any User Content that we believe infringes or violates the law or our Terms of Service;
- 7.6 The User is solely and exclusively responsible for maintaining, protecting, and making backups of their User Content. To the extent permitted by applicable law, we will not be liable in any way for any failure to store, or for loss or corruption of you User Content.
Your Use of the Menoo Service
Access, Registration and Eligibility
8. A User may browse our Website and view certain Menoo Content without registering. However, as a condition to be eligible to use certain aspects of the Service and the App, it is mandatory for a User to register and represent, warrant and covenant that:
- 8.1 The User is a minimum of 18 years of age and has requisite power and legal authority to enter into this agreement with all terms and conditions herein. The Service is not intended for users under the age of 18. We do not knowingly collect any personal information from any User or market to or solicit information from anyone under the age of 18. If we become aware that a person submitting personal information is under this age, we will delete the account and any related information as soon as possible. If you believe we might have any information from or about a User under this age, please contact us at email@example.com
- 8.2 The User is in full compliance with all laws and regulations in the country in which you live in when you access and use the Menoo Service(s).
9. The User will be able to register to access and use the Service by using your log-in credentials associated with your Google Account. In doing so, you confirm that you are the owner of any such Google Account. You authorise us to collect your authentication information, and other information that may be available on or through your Google Account consistent with your applicable settings and instructions.
Member Account, Password and Security
10. The User shall safeguard their account information and any their third-party Google Account credentials used to access that account. The User accepts the sole responsibility for any and all activities that occur under the User’s account, including where the account is used by anyone other than the User
11. The User must not impersonate another business or create or use an account for anyone other than yourself, nor must you provide an e-mail address other than your own or create multiple accounts. 12. Should there be any unauthorised use of a User’s account or any other breach of security, the User shall promptly notify the Company as soon as they become aware of this materialising. 13. If any dispute whatsoever arises due to the usage or ownership of the User account, the Company reserves the right to suspend a User’s account, at its sole discretion, until the Company have fully investigated the dispute. The User therefore hereby agrees that the Company has sole control as to whether any User account shall be displayed on the Service.
Using our Branding, Endorsements and Recommendations
14. The Company shall not permit or grant the User any rights and/or privileges with regards to any services or products offered by us and/or any organisations associated with us, without express mutual agreement and written consent of the Company.
15. The Company does not authorise the User to indicate, publicise or otherwise advertise that the Company endorses your service(s), product(s) or company or associated service(s), product(s), company, or other. 16. The Company does not authorise the User to use the corporate identity of Menoo in promotion of the User’s non-commercial or commercial use, in any way whatsoever, without the express written agreement of the Company.
User Responsibility and Conduct
17. The User is responsible for all and any of its conduct and communications with others throughout the engagement and duration of use of our Service. You must therefore represent, warrant and covenant that you will not:
- 17.1 Misuse the Menoo Service(s) by interfering with their normal operation, or by attempting to access the Menoo Service(s) through using any method other than through the interfaces and instructions that we provide upon registration;
- 17.2 Circumvent any limitations that the Company imposes on your account, such as by opening a new account that we have disabled for violation or infringement of the law or our Terms of Service;
- 17.3 Engage or assist, encourage or enable others to commit any act that infringes any Intellectual Property Rights of the Company or third-parties, or in any way exploit the Menoo Service(s) or any Menoo Content and Client Content posted via the Website, App, or otherwise;
- 17.4 Engage in any form of behaviour towards the Company and other users of the Service’s that is unlawful, misleading, libelous, defamatory, obscene, vulgar, threatening, abusive, harassing or advocates harassment of another person, , invasive of another’s privacy or publicity rights, racist, or in any way promotes bigotry, hatred or discrimination towards a particular person/group, or otherwise objectionable, which may restrict or inhibit another person from using or enjoying the Service, or which may expose the Company to any harm or liability of any type;
- 17.5 Write any fake or defamatory review, trading reviews about another User and/or Venue, or compensate someone or be compensated by someone to write or remove a review posted on the Service;
- 17.6 Engage in any form of unsolicited or unauthorised advertising, promotions, mass mailings, spamming, surveys, transmission of junk mail, chain letters, political campaigning, pyramid schemes, contests, sweepstakes or any other form of solicitation;
- 17.7 Other than appropriate use of an Add-to Link, involves commercial activities (whether or not for profit) and/or sales without the Company’s express consent;
- 17.8 Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of data from the Website, App, or any other interfaces through which we make the Menoo Service(s) available;
- 17.9 Deny others access to, or reverse engineer the Menoo Service(s), or attempt to do so;
- 17.10 Pose or create a security risk to the Company, through any attempt or unauthorised access to the Menoo Service(s), user accounts, computer systems or network connected to our Company through containing viruses, corrupted data or harmful, disruptive or destructive files, hacking, password mining or any other means;
18. Over the course of your engagement with our Service, should you share or send any ideas, suggestions, changes or documents regarding Menoo’s existing or current business, herein referred to as “User Feedback”, you agree to the following:
- 18.1 Your User Feedback does not contain the confidential, secretive or proprietary information of third- parties;
- 18.2 We are under no obligation of confidentiality with respect to your User Feedback, and shall be free to use the such on an unrestricted basis;
- 18.3 By providing User Feedback, you hereby grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty free, sub-licensable and transferable license with full permission to use your User Feedback, and you irrevocably waive, against the Company and its users any claims/assertions, whatsoever of any nature, with regards to such User Feedback.
19. Notwithstanding the above, the Company nor any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works in any form to the Company or any of its employees.
Subscription and Membership Fees
20. At present, it is currently free of charge to use the Menoo App. However, the Company reserves the right, in its absolute discretion, tocharge a subscription and/or membership fee from a User, by giving reasonable prior notice, in respect of any product, service or any other aspect of the Menoo Platform anytime in future.
21. Should we make any changes to this effect, you may be required to submit transactional information pertaining to your credit/debit card details and billing address(es) to continue to use our Service. However, we are committed to ensuring that appropriate safeguards are in place to protect your privacy and therefore use a secured a third-party service to process payments. Should you make payment through these means, we encrypt your payment information via secure socket layer protection (SSL) to protect it from unauthorised use.
22. This agreement is effective and shall remain in force until terminated by either the Company or User.
24. Should the Company elect to either suspend or terminate a User’s account, this may result in the forfeiture and destruction of all information associated with the account. 25. A User is permitted, at any time, without notice to terminate their use of their account by writing to us at firstname.lastname@example.org.
24. The Menoo Service(s) will contain information or promotional material, or other material submitted to the Company, via our App, by a Venue or other third-parties. This material may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by the Company.
Disclaimers and Limitations of Liability
26. The liability of the Company in respect of the engagement with the User shall be limited as follows:
- 26.1 All Menoo Content and Client Content displayed via our Website, App, or otherwise is strictly for informational purposes only. We disclaim any liability for any information that may have become outdated since the last time such information was updated. We reserve the right to make changes and corrections to any part of the Menoo Content and Client Content via these mediums at any time without prior notice to you.
- 26.2 The Company shall not in any event be liable directly or indirectly to any User of our Service for any direct, indirect or consequential loss or damage, that may arise directly or indirectly from a breakdown, an accident, adverse weather conditions or any circumstances beyond the Company’s control (including but without limitation in relations to: any strike, industrial action, fire, flood, acts of God, any consequence of riot or destruction of property by an act of terrorism and any other force majeure event).
- 26.3 The Company do not own or operate the Venue and does not have any influence or control over the rules and regulations of any Venue. The Company does not provide or sell alcoholic beverages. Any sale of alcoholic beverages and other services provided at a Venue are solely transacted between you and the applicable venue, in accordance with the applicable licensing laws, and are not part of the Service. This is including, without limitation to its payment and sales terms, and any rules and regulations related to dress code, age limit, behaviour and conduct of the visitors and their accompanied guests. We further do not have any influence or control over the acceptance of these rules and regulations by other users of our Service(s).
- 26.4 The Client Content, detailing information about a Venue’s business/trade and the good(s)/service(s) offered by such Venue are displayed by Menoo on an as available basis that is provided to us by the Venue(s). The Company therefore cannot guarantee quality of any good(s) or service(s) offered by a Venue, the price(s) listed in menus, or the availability of all menu items at any Venue. Any reliance by a User upon the Client Content shall be strictly at such a User’s own risk.
- 26.5 The User acknowledges and accepts that during our engagement with you, the User may be introduced to third-parties, such as other users of the Menoo Service(s), Venues and members of the public. In such event, the Company shall not take any responsibility for the actions or omissions of any other users or members of the public. The User is therefore advised to take reasonable precautions with respect to any and all interactions with any third-parties encountered in connection with the said Service(s).
- 26.6 The Company is not responsible for addressing any disputes that may arise between any User and Venue, other users of the Menoo Service(s) and general members of the public. In the event of a concern, claim or dispute, the User shall communicate directly with the other party in resolving such concern, claim or dispute.
- 26.7 The Company does not represent, warrant or guarantee that the App and/or Website will remain uninterrupted or error free, and in the event that the App and/or Website are subject to limitations, delays or other problems inherent in the use of internet and electronic communications, the Company is not responsible for any delays, delivery failures, or other damages, or liabilities arising from such problems.
Changes to our Services
29. The User acknowledges that the Company may change and improve the Menoo Service(s) offered to you. We may add, alter, or remove functionality from any aspect of the Menoo Service(s). We may also limit, suspend, or discontinue any aspect of the Menoo Service(s) at any time at our sole discretion.
30. The User shall further acknowledge that the software application store that makes the App available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Menoo Services(s) or portions thereof Any updates or upgrades provided to you by us under the Terms of Service shall be considered part of the Menoo Service(s).
31. The User may not assign these Terms of Service without the Company’s prior written consent, which may be withheld at the Company’s sole discretion.
Entire Agreement and Severability
32. These Terms of Service, together with any amendments, states the entire agreement between the Company and User.
33. If any provision of these Terms of Service is found by a court of competent jurisdiction to be unenforceable, such provision will be modified, rewritten or interpreted to include as much of its nature and scope as will render it enforceable. If it cannot be so modified, rewritten or interpreted to be enforceable in any respect, it will not be given effect, and the remainder of the agreement will be enforced as if such provision was not included.
34. The party’s failure to assert any right or remedy, or provision, under these Terms of Service shall not constitute a waiver of that or any other single or partial exercise of any right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.
35. The User shall acknowledge and accept compliance with all applicable laws regarding the transmission of technical data exported from the United Kingdom or of the country in which the User resides in, and shall further comply with any local laws and regulations regarding the use and conduct on the internet.
Governing Law and Jurisdiction
36. This agreement, any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed and construed in accordance with English Law.