Introduction
Thank you for choosing to use Menu Guide, an online tool designed to help food businesses share allergen and dietary information online.
Menu Guide is owned and operated by Glint Media Limited, incorporated and registered in England and Wales with company number 11325743 whose registered office is at Wittas House, Two Rivers, Station Lane, Witney, Oxon, OX28 4BH, United Kingdom | Telephone: 0844 678 0135 | Email: [email protected]
These Terms of Use (‘Terms of Use’) constitute an agreement between the business client (the ‘Subscriber’) and the service provider, Glint Media Limited (the ‘Service Provider’). Please read them carefully.
The Terms of Use explain our obligations as the provider of the Menu Guide software as a service (the ‘Service’) and your obligations as a Subscriber. They also set out how the Service Provider allows users authorised by a Subscriber (‘Users’) to access and use the Service. The Subscriber must ensure that its Users comply with these Terms of Use. The Subscriber shall remain fully liable to the Service Provider for all acts and omissions of any of its Users.
When you create a Menu Guide account or use the Service, you confirm that, as a Subscriber, 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. Please see also our Privacy Notice and Cookie Policy which apply to your use of the Service, the Customer Terms of Use and information about the Menu Guide Android App.
If you have any questions about these Terms of Use, please contact us by emailing [email protected]
Definitions
‘Service Provider’ means Glint Media Limited, Company No. 11325743, the owners and operators of the Service
‘Menu Guide’, ‘we’ or ‘us’ means the Service Provider
‘Terms of Use’ means these business client Terms of Use
‘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
‘User’ or ‘Users’ means any person or persons, other than the Subscriber, that access and use the Service with the authorisation of the Subscriber
‘You’ and ‘your’ means the Subscriber, and where the context permits, an authorised User
‘Service’ means the Menu Guide software as a service offered through the Website
‘Website’ means the Internet site at the domain https://menuguide.pro and its subdomains including https://support.menuguide.pro
‘Service Plan’ means the information relating to subscriptions and billing set out on the plans and pricing page on the Website, or any other page(s) on the Website, which may be updated or amended by us from time to time
‘Service Fee’ means the fee (excluding taxes) payable by the Subscriber
‘Data’ means any material, content, data and information (including personal data and the personal data of others) inputted by Subscribers or Users into the Website
‘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
Account
1.Use of the Service
In order to use the Service as a Subscriber, 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, revocable and subject to these Terms of Use.
You are responsible for acquiring the network connection and equipment required to use the Service, as well as for all related maintenance and security costs. We are not responsible for any failure to access or use any part of the Service (or for any other interruption, error or fault in connection with the Service) due in whole or in part to technical issues with Subscriber or User networks, systems, hardware, or internet connection.
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:
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;
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;
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 is hosted;
d) not transmit, or input into the Website, any files or viruses 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);
e) not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any portion of the software used to deliver the Service or to operate the Website by any means; and
f) not copy or reproduce the Service in whole or in part, or use the Service to make any product or service that is substantially similar to the Service.
2. Users
In relation to authorised Users, the Subscriber acknowledges and agrees that:
a) the Subscriber determines who is an authorised User
b) the Subscriber determines and controls an authorised User’s access level to the Service
c) the Subscriber is responsible for all authorised Users’ use of the Service
d) the Subscriber can revoke or change an Invited User’s access, or level of access, at any time and for any reason
e) Menu Guide may refuse Service, close the accounts of any Users, and change eligibility requirements at any time
3. Account Name and Password
You are responsible for keeping your account names and passwords secure and 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 must 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 may only provide you with instructions on how to reset your password. For security reasons, we may require you to change the password associated with your account at any time.
We have the right to update any of the contact information in your account for billing purposes. You confirm that all information you provide to us during registration, and when you access and use the Service, is and will remain complete and accurate.
4. Trial Period, Subscriptions, Account Closure
When you first register for access to the Service you may be offered the option to evaluate the Service, free of charge, with no obligation to continue using the Service after your trial period ends. If you choose to continue using the Service thereafter, you will be billed as set out below. If you choose not to continue using the Service, you may terminate your account.
You or Menu Guide may terminate the Service at any time and for any reason by giving at least one month’s advance written notice to the other party. If you terminate the Service you will be liable to pay all relevant Service Fees up to and including the day of termination.
We may suspend the Service to you at any time, with or without cause. If we terminate your account without cause, and you have a paid account, we’ll refund a prorated portion of your Service 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 Terms of Use.
If payment of your Service Fee is not made, Menu Guide may suspend or terminate your use of the Service, the authority for all or any of your organisations 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.
5. Changes to the Terms of Use
We are continuously looking for new ways to improve Menu Guide and may change the Website, the Service or any features of the Service from time to time. We therefore reserve the right, at our sole discretion, to amend these Terms of Use in order to reflect these changes. These Terms of Use will always be available to download from our Website and you should check the Website regularly to see the latest version.
Prices, payment and subscriptions
1. Service Plans and Fees
Menu Guide offers four types of Service Plan: Essentials, Premier, Advanced and Bespoke. Prices for the Essential, Premier and Advanced Service Plans are available on the Website at https://menuguide.pro/plans-pricing. Bespoke Service Plans are priced according to the Subscriber’s business requirements and billed as advised by Menu Guide and agreed with the Subscriber. All Service Fees provided are exclusive of value added tax (‘VAT’), which will be added at the appropriate rate. We may revise our Service Fees at any time by posting a new pricing structure to the Website and/or sending you a notification by email. If such increase is not acceptable to you, you may terminate your subscription in accordance with these Terms of Use.
If you choose a free trial of our Premier Service Plan, your trial will expire after 30 days, or earlier if you elect to buy a subscription before then. To continue using Menu Guide after your free trial expires, you will need to purchase a subscription to one of the Service Plans.
When you subscribe to a Service Plan, you agree to a recurring billing of a Service Fee. For monthly Essentials, Premier and Advanced Service Plans, billing is based on the date that you started the Service Plan. Payments are due each calendar month on the same or closest day to the day you made your first monthly payment. Monthly Service Fees are processed by Stripe – https://stripe.com. If the card payment is not successful, we have the right to choose to invoice you as an alternative payment method. If payment is being made via an invoice, the invoice must be paid within 30 of the date of the invoice.
If you do not pay your Service Fee on time, we have the right to limit Subscriber and User access to your account and suspend your use of the Service until payment is received.
2. Refunds
We will give you a refund for a prepaid period 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 and support
Along with a free trial of Menu Guide, we provide on-screen prompts, a quick-start guide and video tutorials to assist Subscribers and Users. In the event 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 information provided on the main Website and the support website https://support.menuguide.pro, please email us at [email protected] or call us on 08844 678 0135 during UK office hours.
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. We will not be liable if for any reason our site is unavailable at any time or for any period.
Intellectual Property Rights
1. Proprietary Rights Owned by Us
We are the owner or the licensee of all intellectual property rights in the Website and the material published on it, the software used to provide the Service and any documentation relating to the Service. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged, unless specific written authorisation to do otherwise has been obtained and is current from Glint Media Limited.
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 Service 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 of Use, our Privacy Notice and Cookie Policy.
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.
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
The Subscriber acknowledges and agrees that it is solely responsible for ensuring that the Service meets its requirements, including any legal or regulatory requirements.
The Service Provider shall have no liability for any loss or damage caused by errors or omissions in the information provided by (and/or on behalf of) the Subscriber (and/or by any User) in connection with the Service, or caused by actions taken by the Service Provider at the Subscriber’s (and/or any User’s) direction.
To the maximum extent permitted by law, we provide the Service on an ‘as-is’ basis only. 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 Service. The Subscriber acknowledges and agrees that interruption(s) and/or error(s) in the Service shall not constitute a breach by the Service Provider of these Terms of Use.
All warranties, representations, conditions and all other terms implied by statute and/or common law are, to the fullest extent permitted by law, excluded from these Terms of Use.
The Service Provider does not exclude or limit any liability for death or personal injury arising from the Service Provider’s negligence, fraud or fraudulent misrepresentation, or any other liability which it is unlawful or illegal to exclude under applicable law.
The Service Provider will not be liable to the Subscriber for any special, indirect or consequential loss, costs, damages, charges or expenses incurred by any Subscriber or User in connection with use of the Service or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including (but not limited to):
a) loss of data;
b) business interruption;
c) loss of business;
d) loss of anticipated savings;
e) loss of revenue or profit;
f) wasted management, office time or expenditure;
g) loss of business opportunity, goodwill or reputation; or
h) any other unforeseeable losses arising out of unusual or special circumstances
If you suffer loss or damage as a result of our negligence or failure to comply with these Terms of Use, any claim by you against us arising from our negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Service Fees paid by you in the last 12 months immediately preceding the date on which the claim arose or, where the Subscriber has not paid any fees to the Service Provider, £250 (two hundred and fifty pounds).
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 your subscription.
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.
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.
We are not responsible for the behaviour of any third parties, linked websites, or other Subscribers.
Governing Law
The Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. The Subscriber and the Service Provider irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Terms of Use or their subject matter or formation (including non-contractual disputes or claims).
The Subscriber shall not bring any action, proceeding or claim against the Service Provider after the expiry of one year from the date on which the claim first arose.
Last Updated: 4 April 2024