Customer Terms of Use

IMPORTANT LEGAL NOTICE

This page (together with our Cookies Policy and Privacy Notice) sets out the terms and conditions (“Website Terms“) on which we, Glint Media Ltd (“we“, “our” or “MENU GUIDE“), provide access to our website https://menuguide.pro, subdomains of menuguide.pro, and any MENU GUIDE mobile application through which you view menus (together, “the Website“). Please read these Website Terms carefully before viewing any menus through the Website. By viewing menus through the Website,now or in the future, you agree to be bound by these Website Terms. Use of the Website is also subject to these Website Terms.

Use of your personal information submitted via the Website is governed by our Privacy Notice and Cookies Policy.

For the avoidance of doubt, please note that references to “Website” in these Website Terms include any current or future version of our website https://menuguide.pro, subdomains of menuguide.pro and any MENU GUIDE mobile application through which you access and use our Website, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing and using our Website that may be developed from time to time).

By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to view menus through the Website.

I. TERMS AND CONDITIONS OF USE

1. INTRODUCTION AND OUR ROLE

1.1. Company details: Glint Media Ltd is a company registered in England and Wales with registered company number 11325743, whose registered office is at 42 Midway, St Albans, Hertfordshire AL3 4BQ, United Kingdom.

1.2. VAT number: Our VAT number is GB 190 8713 88.

1.3. Menu Publishing Platform: We provide a way for you to view the allergen and dietary information (“Menu Information”) of food and drink menus (“Menu” or “Menus”) for food businesses (“Business” or “Businesses”). The legal contract for the accuracy and availability of Menu Information is between you (“the Customer”) and the Business who published the Menu you are viewing.

2. WEBSITE ACCESS AND TERMS

2.1. Website access: You may access some areas of the Website without registering your details with us. Most areas of the Website are open to everyone.

2.2. Acceptance of terms:By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately.

2.3. Revision of terms: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service. We advise you to print a copy of these Website Terms for future reference. These Website Terms are only in the English language.

2.4. Responsibility:You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.

3. YOUR STATUS

3.1. Capacity and age: By accessing the Website, you warrant that:

  • 3.1.1. You are legally capable of entering into binding contracts with Business; and
  • 3.1.2. You are at least 18 years old.

3.2. You acknowledge and agree that if you have a specific food allergy or intolerance, you will contact the Business directly to check that the food is suitable for you, before placing your order with them.

4. MENU FUNCTIONALITY

4.1 General: We provide tools to help the Customer choose what is safe to eat on Menus. These tools search, filter and highlight Menu items and remember the Customer’s preferences for future visits. These tools are provided ‘as is’ and we make no warranty as to their accuracy or availability. Customers should consult the full Menu before ordering.

4.2 Allergy Statement: Businesses are encouraged to complete an Allergy Statement (“Statement” or “Statements”) that is displayed to Customers before they can view Menus. Statements are used to help Customers understand how food and drink items are handled in Businesses’ kitchens. Statements give an indication of potential cross-contamination risk of allergens with allergen-free foods. Statements are voluntary and should not be considered a complete assessment of risk. Customers should ask about allergen cross-contamination when placing an order.

5. CUSTOMER CARE

5.1. General: Customer care is extremely important to us. Subject to paragraphs 5.3 and 9, our Customer Care team will try to assist you where possible if you have any problems with viewing a Menu. You can contact our Customer Care team by emailing [email protected] or calling 0844 678 0135 during office hours Monday to Friday.

5.2. Questions about a Menu: If you have questions about a Menu or its Menu Information you should in the first instance contact the Business directly using the ‘report it’ link at the bottom of each Menu.

5.3. Complaints or feedback: If you are dissatisfied with the accuracy of any Menu published by a Business, please consider providing feedback using the ‘report it’ link at the bottom of each Menu.

6. LICENCE

6.1. Terms of permitted use: You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercial use on the following basis:

  • 6.1.1. You must not misuse the Website (including by hacking or “scraping”).
  • 6.1.2. Unless otherwise stated, the copyright and other intellectual property rights in the Website and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website Terms, any use of extracts from the Website other than in accordance with paragraph 6.1 is prohibited.
  • 6.1.3. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 6.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
  • 6.1.4. You must ensure that the Business’s status as the author of the material on the Website is always acknowledged.
  • 6.1.5. You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a licence from us to do so.

6.2. Limitation on use: Except as stated in paragraph 6.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.

6.3. Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.

7. WEBSITE ACCESS

7.1. Website availability: While we try to ensure that the Website is normally available 24 hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.

7.2. Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.

7.3. Information security: The transmission of information via the Internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.

8. LINKS TO AND FROM OTHER WEBSITES

8.1. Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites and are not responsible for these websites or their content or availability. We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

8.2. Linking permission: You may link to the Website’s homepage (https://menuguide.pro), provided that:

  • 8.2.1. You do so in a fair and legal way which does not damage or take advantage of our reputation;
  • 8.2.2. You do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
  • 8.2.3. Any website from which you link must comply with the content standards set out in these Website Terms;
  • 8.2.4. We have the right to withdraw linking permission at any time and for any reason.

9. DISCLAIMERS

9.1. Website information: We provide tools to help Businesses who publish Menus on our website ensure that the allergen and dietary information published is as accurate as possible. However, Menu Guide has no responsibility whatsoever for the accuracy of allergen or dietary information of Menus published by Businesses on the Website. We may make changes to the functionality of the Website at any time without notice. If you have, or someone you are ordering for has, a concern about food allergies, intolerances or other dietary preferences, you should always communicate with the Business directly before placing your order.

9.2. Business actions and omissions: The legal contract for the accuracy of allergen and dietary information of Menus is between you and the Business who has published the Menu. We have no control over the actions or omissions of any Businesses., By using the Website you acknowledge this and accept, without limitation, the following:

  • 9.2.1. We do not give any undertaking that Menu Information published by the Business on the Website will accurately reflect the allergen or dietary content of food or drink purchased from the Business and we disclaim any such warranties.
  • 9.2.2. The foregoing disclaimer does not affect your statutory rights against any Business.

9.3. Exclusion of terms: We provide you with access to and use of the Website on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and your use of it (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website and your use of it, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise ).

10. LIABILITY

10.1. General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.

10.2. Exclusion of liability: Subject to clause 10.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Website (including the use, inability to use or the results of use of the Website) for:

  • 10.2.1. any loss of profits, sales, business, or revenue;
  • 10.2.2. loss or corruption of data, information or software;
  • 10.2.3. loss of business opportunity;
  • 10.2.4. loss of anticipated savings;
  • 10.2.5. loss of goodwill; or
  • 10.2.6. any indirect or consequential loss.

10.3. Limitation of liability: Subject to clauses 9, 10.1 and 10.2, our total liability to you in respect of all other losses arising under or in connection with the Website or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £100.

10.4. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including, without limitation, costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.

11. TERMINATION

11.1. We may terminate or suspend access to our Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

12. WRITTEN COMMUNICATIONS

12.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or reporting inaccurate Menus via the Website, you accept that communication with us will be primarily electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

13. EVENTS OUTSIDE OUR CONTROL

13.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control (“Force Majeure Event“).

13.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • 13.2.1. strikes, lock-outs or other industrial action;
  • 13.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, epidemic or pandemic, war (whether declared or not) or threat or preparation for war;
  • 13.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • 13.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • 13.2.5. impossibility of the use of public or private telecommunications networks; and
  • 13.2.6. the acts, decrees, legislation, regulations or restrictions of any government.

13.3. Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.

14. ADDITIONAL TERMS

14.1. Privacy Notice: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Notice. You should review our Privacy Notice.

14.2. Other terms: You should also review our Cookies Policy for information regarding how and why we use cookies to improve the quality of the Website and your use of it. This is incorporated into these Website Terms by this reference.

14.3. Severability: If any of these Website Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

14.4. Entire agreement: These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

14.5. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.

14.6. Assignment: You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.

14.7. Headings: The headings in these Website Terms are included for convenience only and shall not affect their interpretation.

15. GOVERNING LAW AND JURISDICTION

15.1. These Website Terms shall be governed by and construed in accordance with English law. You can bring legal proceedings in respect of Website Terms in the English courts. If you live in a part of the United Kingdom other than England or any other Member State of the European Union, you can bring legal proceedings in respect of these Website Terms in either the English courts or the courts of your home country.

15.2 As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Website Terms, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law.

Last Updated: 7 December 2020