Business Terms of Use

Introduction

Thank you for using Menu Guide, an online tool designed to help food businesses to share allergen and dietary information online.

Menu Guide is owned and operated by Glint Media Limited, Registered in England and Wales, Company No. 11325743. Postal address: 42 Midway, St Albans, Hertfordshire, AL3 4BQ, Telephone: 0844 678 0135, Email: [email protected]

These Terms of Use constitute a legal agreement between you and Glint Media Limited. They explain our obligations as a service provider and your obligations as a Subscriber. Please read them carefully.

By completing the online registration form to use Menu Guide’s Service and clicking ‘Register’ you confirm that you have read, understood and agreed to these Terms of Use, individually and on behalf of any person or entity for whom you use the Service. These Terms apply to you from the time that Menu Guide provides you with access to the Service and continue for as long as you have a Menu Guide account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first.

If you have any questions about these Terms, please contact us: [email protected].

Definitions

‘Agreement’ means these Terms of Use

‘Monthly Fee’ means the monthly fee (excluding taxes) payable by you in accordance with our Payment Plans

‘Data’ means any material, content, data and information (including your personal data and the personal data of others) inputted by you or with your authority into the Website

‘Payment Plan’ means the information relating to subscriptions and billing set out on the plans and pricing on the Website, or any other page(s) on the Website. which may be updated or amended by us from time to time

‘Intellectual Property Right’ means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered

‘Service’ means the online information service offered through the Website

‘Website’ means the Internet site at the domain https://menuguide.pro and its subdomains

‘Menu Guide’, ‘we’ or ‘us’ means Glint Media Limited, Company No. 11325743, the owners and operators of the Service

‘Invited User’ means any person, other than the Subscriber, that uses the Service with the authorisation of the Subscriber

‘Subscriber’ means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service

 ‘You’ and ‘your’ means the Subscriber, and where the context permits, an Invited User

Account

  1. 1. Use of the Service

In order to use the Service, you must be at least 18 years old, be able to enter into contracts and have completed the online registration process. Menu Guide grants you the right to access and use the Service via the Website in accordance with your Payment Plan. This right is non-exclusive, non-transferable, and subject to this Agreement. By using the Service, you confirm that you won’t use the Service in a way that violates any laws or regulations.  As a condition of these Terms of Use, when accessing and using the Service, you must:

  1. a) not attempt to undermine the security or integrity of our computing systems or networks or, where the Service are hosted by a third party, that third party’s computing systems and networks;
  2. b) not use, or misuse, the Service in any way which may impair the functionality of the Service or Website, or other systems used to deliver the Service or impair the ability of any other user to use the Service or Website;
  3. c) not attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which the Service are hosted;
  4. d) not transmit, or input into the Website, any files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which you do not have the right to use); and
  5. e) not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Service or to operate the Website except as is strictly necessary to use either of them for normal operation.

  6. 2. Invited Users

In relation to Invited Users, you acknowledge and agree that:

  1. a) the Subscriber determines who is an Invited User
  2. b) the Subscriber determines and controls an Invited User’s level access to the Service
  3. c) the Subscriber is responsible for all Invited Users’ use of the Service
  4. d) the Subscriber can revoke or change an Invited User’s access, or level of access, at any time and for any reason

Menu Guide may refuse service, close accounts of any users, and change eligibility requirements at any time.

  1. 3. Account and Password

You are responsible for keeping your account name and password confidential. You are also responsible for any account that you have access to and any activity occurring in such account (other than activity that Menu Guide is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorised that activity.  You will immediately notify us of any unauthorised access to, or use of, your accounts. We are not responsible for any losses due to stolen or hacked passwords that are caused by, or result from, your negligence. We do not have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. You confirm that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.

  1. 4. Account Closure

When you first sign up for access to the Service you may be offered the option to evaluate the Service, with no obligation to continue using the Service. If you choose to continue using the Service thereafter, you will be billed as set out in more detail below. If you choose not to continue using the Service, you may terminate your account.

You or Menu Guide may terminate the Agreement at any time and for any reason by giving one month’s advance written notice to the other party.  If you elect to terminate the Agreement you shall be liable to pay all relevant Monthly Fees up to and including the day of termination of these Terms.

We may suspend the Service to you at any time, with or without cause. If we terminate your account without cause, and you have paid account, we’ll refund a prorated portion of your Monthly Fee in accordance with your Payment Plan. We won’t refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, like a breach or any violation of the Agreement.

If payment of your Monthly Fee is not made, Menu Guide may suspend or terminate your use of the Service, the authority for all or any of your organizations to use the Service, or your rights of access to all or any Data. If your account is inactive for 12 or more months, we may terminate the account. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it. Usernames are unique and can only be used once. If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.

  1. 5. Changes

We will post revised Terms of Use on our Website and/or notify you of the new Terms of Use by sending an email to your registered account email address or displaying prominent notice within the Service. Unless you terminate your account within 10 days, the new Terms of Use will be effective immediately and apply to any continued or new use of the Service. We may change the Website, the Service or any features of the Service at any time, and we may discontinue the Website, the Service or any features of the Service at any time.

Payment

  1. 1. Payment Plan and Monthly Fee

When you sign up for a Payment Plan, you agree to a recurring billing of a Monthly Fee. Billing occurs on the same day each month, based on the date that you started the Payment Plan. The Monthly Fee for each Payment Plan is posted on the Website. We may change our fees at any time by posting a new pricing structure to the Website and/or sending you a notification by email. Quoted fees do not include sales or other transaction-based taxes of any kind. Payments are due for any month on the same or closest date to the day you made your first monthly payment. Monthly Fees are processed by Stripe – https://stripe.com.

  1. 2. Refunds

We will give you a refund for a prepaid month if we stop providing the Service and terminate your account without cause. You won’t be entitled to a refund from us under any other circumstances. We may, at our sole discretion, offer a refund if a Subscriber requests one.

Help Desk

  1. 1. Technical Problems

In the case of technical issues, you must make all reasonable efforts to investigate and diagnose problems before contacting Menu Guide. If you still need technical help after checking the support provided on the Website, please email us at [email protected]

  1. 2. Service availability

While Menu Guide intends that the Service should be available 24 hours a day, seven days a week, it is possible that on occasions the Service or Website may be unavailable due to circumstances beyond our control, or to permit maintenance or other development activity to take place. If for any reason we have to interrupt the Service for longer periods than we would normally expect, we will use reasonable endeavours to publish in advance details of such activity on the Website.

Intellectual Property Rights

  1. 1. Proprietary Rights Owned by Us

You will respect our proprietary rights in the Website, the software used to provide the Service and any documentation relating to the Service (proprietary rights include, but aren’t limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property). You may only use our brand assets according to our Brand Guidelines.

  1. 2. Proprietary Rights Owned by You

You confirm that you either own or have permission to use all the Data you submit to Menu Guide in the course of using the Service. You retain ownership of the Data that you upload to the Service. However, your access to the Data is contingent on full payment of the Monthly Fee when due. You grant us a licence to use, copy, transmit, store, and back-up your Data for the purposes of enabling you to access and use the Service and for any other purpose related to provision of the Service to you. We may use or disclose your Data (including any personal information therein) only as described in these Terms, our Privacy Notice and Cookie Policy.

  1. 3. Backup of Data

You must maintain copies of all Data inputted into the Service. Menu Guide adheres to its best practice policies and procedures to prevent data loss, including a regular system data back-up regime, but does not make any guarantees that there will be no loss of Data. Menu Guide expressly excludes liability for any loss of Data, no matter how caused.

  1. 4. Privacy Policy

Your privacy is important to us. Please read our Privacy Notice and our Cookie Policy for information regarding how we collect, use, and disclose your personal data and protect your privacy when you use the Service.

Liability

  1. 1. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss (including loss of Data and profits) that results from your use, or reliance on, the Service or Website, including any downloads from the Website.) We will not be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they are based on negligence or we’ve been advised of the possibility of those damages.

If you suffer loss or damage as a result of Menu Guide’s negligence or failure to comply with these Terms of Use, any claim by you against Menu Guide arising from Menu Guide’s negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Monthly Fees paid by you in the previous 12 months.

In no instance will we be liable for any losses or damages you suffer if you use the Service in violation of our Terms of Use, regardless of whether we terminate or suspend your account due to such violation. If you are not satisfied with the Service, your sole and exclusive remedy is to terminate the Agreement.

  1. 2. No Warranties

To the maximum extent permitted by law, we provide the Website and the Service as-is. This means that, except as expressly stated in these Terms of Use, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Website and/or Service, either express or implied. This includes warranties of fitness for a particular purpose, which are to the fullest extent permitted by law, excluded from the Agreement.

  1. 3. Indemnity

You agree to indemnify and hold us harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms of Use due to a ‘Limitation of Liability’ or other provision. You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (a) your Data, (b) your use of the Service, (c) your violation of any laws or regulations, (d) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (e) any misrepresentations made by you, or (f) a breach of any representations or warranties you’ve made to us.

  1. 4. Legal Fees and Expenses

If we file an action against you claiming you breached these Terms of Use and we prevail, we’re entitled to recover all reasonable legal fees, expenses, and any damages or other relief we may be awarded. If we must provide information in response to a subpoena, witness summons, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs.

  1. 5. Disclaimers

We are not responsible for the behaviour of any third parties, linked websites, or other Subscribers.

Governing Law

These Terms of Use are governed by and construed in accordance with the laws of England and Wales. Any dispute you have which relates to these Terms, or your use of the Website (whether it be contractual or non-contractual), will be subject to the exclusive jurisdiction of the courts of England and Wales.

Last Updated: 28 March 2019