Agreements and Generalities

  1. By signing up to this website, you guarantee that you are 18 years old or older. Otherwise, you should have a permission of an adult (he or she must be the legal guardian who's willing to take responsible for your use in this website) to use this website and agree to its terms and condition.
  2. The contractual parties of Eater.Menu are consumers and (retail) traders who can be categorized as legally incorporated partnership, which all act in the concluding of agreements in the exercise of their trading activities or of their independent occupational activities. The contractual parties are obliged to inform Eater.Menu upon the conclusion of an agreement with it, to give notice when they are registered traders. Otherwise, Eater.Menu must assume that they are consumers.
  3. You may use materials and other services offered on this website as long as you comply with its Terms and Conditions. On the other hand, you have no rights with the materials that may not modify, edit, reproduce or alter under this website. You may only be allowed to use those if you have a consent from the owner.

Conclusion of an Agreement and Further Services

  1. The user can create and edit QR codes within the initial trial period for a limited time. Otherwise, the user agreements are contracted upon the registration of the contractual party on the website of Eater.Menu. The contractual party or user may only obtain the access to the Content Management System (CMS) when he or she register to any subscription plan. All offered subscriptions enables additional functions and defined quota for QR codes. These are all indicated in the subscription procedure. Subscriptions must be paid regularly based on the given period to be able to use its services and to keep QR code quota active. Failure to apply to any subscription may result for Dynamic QR codes to not work.

  2. The subscription plans offered by Eater.Menu include the following options:

    • Anyone can access Initial trial (free from any charge) to test the platform with limited services.
    • After the initial trial period, users have an option to select subscription plan offered by the Eater.Menu to access all the services in the website without limitation.

    The detailed description of the subscription plans is shown during the subscription procedure as well as the specific user agreement.

  3. The following stipulations are provided for all the independent type of subscription plan, unless otherwise stated.

Withdrawal Rights for Users or Contractual Parties

 

Rights and Instructions for Users Withdrawal

Users and contractual parties will be given fourteen (14) days to withdraw from their agreements without responsibility to state any reasons. There will only be fourteen (14) days from the date of the conclusion of an agreement. To exercise the right of withdrawal, users or contractual parties must give a definite declaration of withdrawal to Eater.Menu by means of postal mail or email.

To comply with the withdrawal time period, it is sufficient that the declaration of withdrawal is received by Eater.Menu before the expiry of the fourteen (14) days.

The consequences of a withdrawal

When a user or a contractual party withdraws from an agreement, Eater.Menu is obliged to refund all payments received from the user or contractual party, to include the consignment charges (However, please be reminded that additional charges may apply for the selection of a form of consignment other than standard consignment), with immediate effect and at the latest within fourteen (14 days) from the date upon which the declaration of withdrawal is received at Eater.Menu. The refund will be made by the same method employed for the original payment transaction to Eater.Menu, unless otherwise agreed.

Special Notice:

The user or contractual party hereby declares and agrees, that Eater.Menu may start providing the contractual service that agreed by both parties before the expiry of the withdrawal time period. Unless the user or contractual party directly informs Eater.Menu appropriately, that they are not in agreement with this stipulation,

When the contractual services are started by Eater.Menu during the time period of withdrawal, then the user or contractual party should pay Eater.Menu an appropriate charge pro rate for the services used from the date of the commencement of the service, up to date of the receipt of the declaration of withdrawal. This is only applicable when the user or contractual party has selected or under any of the subscription plan.

The Contractual Duty of the User or Contractual Party

  1. The liability for the QR codes or for the content transmitted and published through the QR codes of the user or contractual party, is under the supervision of the contractual party. They are liable to uphold decency and any responsibility to it. The user or contractual party primarily binds themselves to the following:

    • Not to harm anyone’s privacy.
    • Not to damage anyone’s reputation.
    • Prohibition to any illegal or offensive content.
    • Not to give false information or false advertisement.
    • Prohibition to those users who doesn’t own the materials that they post or who doesn’t have any rights for any materials that they alter.
  2. Eater.Menu has the right to remove all the content of the user or contractual party that is subjected to infringement. The user is responsible to any claims of third parties concerning infringements of third-party rights.
  3. Likewise with the QR codes, Eater.Menu hereby permitted to have the right to terminate the contract of the user from the employment of their QR codes, in the case of a foregoing infringement.
  4. Testing the QR codes and making sure that it is working for their intended purposes are both under the responsibility of the contractual party.

Changes in the General Conditions of Business (GCB) and divergences from the services provided

  1. Eater.Menu is allowed to change the GCB without the need to state its reason unless there are unreasonable or the changes directly affect or harm the user or contractual party. In case of a change in the GCBs, users and contractual parties will be notified immediately. The user or contractual party accepts the newly changed GCBs, unless they complain within six (6) weeks. In addition, if Eater.Menu made any change about the GCB, the user or contractual party will be notified on the availability of withdrawal rights and the significance of the withdrawal time period.

  2. Otherwise, changes in the GCBs by Eater.Menu will be made in the following cases:

    • The upgrade or changes in the GCB are all for the benefit of the user.
    • Changes are made to ensure that it still follow or in line with applicable law.
    • Changes are made to satisfy users preference and safety.

    In such cases, a notification will be sent to the user or contractual party of the intended changes in the GCBs.

  3. Eater.Menu holds the right to diverge from the services provided, unless such is unreasonable for the user or contractual party. Divergence takes place with the following actions:

    • to ensure that there is no security loopholes;
    • to guarantee that the website still comply to the applicant law.
  4. No divergences from the services provided in the foregoing sense will represent changes in the graphic form or any restructuring of the functions.

Invoicing, settlement and terms and conditions of payment

  1. There is an option where the user can pay invoices by means of the settlement that is under the procedure provided by Eater.Menu. If the user fails to pay on the said due date then he or she must bear all the charges incurred by Eater.Menu (specifically, directly with the refund of direct debits)
  2. Eater.Menu is permitted to transmit invoices and payment reminders solely by electronic means.
  3. The charge for the subscription plans is payable for the total definite time period with immediate effect.
  4. Eater.Menu holds the right to increase the charge for the subscription plans if needed. This increase in subscription plans shall only be made once during contractual time period. Any changes must be notified to the user or contractual party at least six (6) weeks before the end of the minimum user time period. User can contradict or may send claims directly to Eater.Menu email address. Thus, such contradiction may result to terminate the agreement of subscription plans of user.
  5. Eater.Menu will require the user or contractual party to submit their postal address as well as the bank name and approval to settle by direct debit or by credit card.

Stipulations concerning the content of third parties

  1. When Eater.Menu appoints materials or services from any providers of other website (specifically; graphics, text, or some sort of data) it is subject to appropriate licensing.
  2. Eater.Menu is not liable for any information owned and posted by the contractual party. This apply to all proposals made by Eater.Menu to all user or contractual party.
  3. Otherwise, Eater.Menu hereby refers to liabilities for the content of the user or contractual party on the ‘Disclaimer’ of Eater.Menu, which is viewable via the link.

Stipulations concerning the content of third parties

Eater.Menu is liable for own contents that are posted on the website and shall be guaranteed users or contractual party that all Illegal contents will be removed immediately. However, Eater.Menu is not liable for any contents that are posted by the user such as materials that they have downloaded or copied on other sources that may harm their privacy or can damage their reputation.

For the maximum consent permitted by the law, Eater.Menu is not liable for all the indirect, incidental or extraordinary damages such as loss of the data, profits or any other economic advantage.

Data protection and advertising

  1. Personal information such as private postal address, location and name of bank account must only be collected if it is permitted by the user or contractual party as well as permitted by the law.
  2. All the contents and designs under the Eater.Menu are copyright protected. Thus, copying any graphics, sounds or any information shall only be made if there is a permission of Eater.Menu.
  3. Upon signing up, the user or contractual party declares that he or she agrees that all of the data posted in Eater.Menu may be use for the purposes of advertising and market research.
  4. Any concern of the user or contractual party about their personal information or personally referred data, must only raised through sending email to: legal@eater.menu

Final stipulations

  1. Eater.Menu has the right to assign its contractual rights and duties with third parties. In such a case, the user or contractual party will be notified immediately.
  2. The place of fulfilment for the contractual duties is the place of the corporate domicile (registered office) of Eater.Menu.
  3. All the claims from the user whether based on the contract, website regulations, any act of fraud, negligence – shall be only resolved by arbitration. This process must be done in private, there is no judge or jury involve and court review on this arbitration is limited. In addition, both parties shall agree that after having enough evidence and hearing both sides, one or several individuals can make a decision.
  4. Eater.Menu has the right to make any changes or can alter GCBs for the purpose of contractual agreements and shall not affect the validity of other existing stipulations under the GCBs, unless for the purpose to comply with the law.

(Version: March 2021)