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Terms and Conditions for the Provision of Services to Food Service Businesses

HUNTOM LTD, with registered office at 7 Thisseos Street, Strovolos, Nicosia, Company Reg. No HE396144 and Tax ID no CY 10396144Τ (hereinafter the ‘Company’).

Introduction

The present eshop.e-menus.app is the Company’s website, which operates at the same time as an online store for the provision of its services. The services provided by the Company either through the present website or through its applications shall be governed exclusively by the Terms of Use  and the below-stated Terms and Conditions for the Provision of Services to Food Service Businesses, which are an integral part of the Terms of Use, whereas any other terms and conditions are expressly excluded. Each food service business – registered user is deemed to have consented to and accept unreservedly the terms expressed herein, without any exception, and understand that the terms are a legally binding agreement between you and the Company.

In case you do not agree with the present terms and/or the Privacy Policy, which is also an integral part of the present terms and conditions for the provision of services, you should refrain from using the applications, the online store and the services of the Company in general and from registering for our services. The Company reserves the right to make changes in the terms of use at any time. Users shall review the terms from time to time so that they are briefed on their content and they shall be exclusively responsible for being briefed.

The following terms pertain specifically to food service business persons / registered businesses / registered users of the Company’s services and apply additionally, specifying the general Terms of Use which pertain to all software and website users. In the event of any discrepancies between those terms, with regard to registered businesses, the present terms and conditions for the provision of services shall prevail.

1. Definitions

For the purposes of the present agreement, the following definitions shall apply:

  • ‘We’, ‘us’, ‘our’ and ‘Company’: HUNTOM LTD, the details of which are stated above.
  • ‘You’, ‘your’ and ‘user’, ‘registered businesses’, ‘businesses’, ‘registered users’: Our customers, the food service businesses which have completed or about to complete their registration, have been or are about to be accepted as our subscribers-members and which use our services.
  • ‘Unregistered users’: Any person making use of the Company’s services via its applications and site except for registered businesses.
  • ‘Software’, ‘application’, ‘applications’: The (internet and mobile) app software by the name of ‘e-menus’, which is owned by the Company and used by you.
  • ‘E-menus’, ‘menus’: The price lists of registered businesses which state in detail the food and drink products offered by the registered business together with their prices.

2. Scope – Our services to registered businesses

The Company, through its software, provides food service businesses with the option, after the latter become registered users and pay the respective subscription amount, to have their price lists uploaded (including photographs, logos, etc.) to the ‘e-menus’ application so that unregistered users can browse, be informed on the dishes of the day, the recommended dishes, the offers, contact businesses directly, via the application, for reservations, take away orders, delivery orders, and have access to the services provided through the software in general. The price list shall be uploaded after having been processed by the Company, with said processing pertaining to the services offered according to the subscription pack to be selected by the registered business (Silver, Gold, Platinum) and to other products/services of the Company offered separately, as these are described in section 3 of the present Terms and Conditions for the provision of services.

3. Terms of registration and use of the software and website

To make use of the services provided through the Company’s software, you must first register, via the website, as subscribers to our services and pay the amount corresponding to the subscription you have chosen. In the event that payment is not completed or there is some other payment issue, your registration will not be completed.

A necessary requirement for registration, account creation and access to our services is for registered businesses to make available their price lists in full detail (including, without being limited to: dishes, special characteristics thereof, origin of ingredients, cooking recipe details, prices, etc.) so that we may process them as agreed under the present Terms and Conditions. If this requirement is not met, the performance of the agreement and the provision of our services is not possible.

By choosing a subscription pack for our services and completing registration, registered businesses accept and stipulate that they give us license to keep their e-menus on the Company’s data bases, process, reproduce, modify, customise, publish and upload them to the applications that will be accessed by an indeterminate number of unregistered users, without the Company being obliged to pay any royalties. It is expressly stipulated that this license shall apply until expiry of any applicable subscription pack. 

As soon as the business completes its registration and a user profile is created, the Company shall undertake to upload the price list to the applications together with other information for the business, after translating the price list to the languages chosen by the user, according to their subscription pack, and after the spelling and syntax of the price list are reviewed.

The options provided through the software to registered businesses by the Company include, without limitation, the following:

  • Managing prices in the price list (including discount policies and offers);
  • Managing – Setting categories such as ‘Dishes of the Day’ , ‘The Chef recommends’, etc.;
  • Price list encoding/ numbering;
  • Showing price lists in up to 13 different languages;
  • Showing store images;
  • Option to change (in whole or in part) the price list of a business;
  • Option to provide ratings;
  • Showing icons of the services supported by your store, namely Take away, Delivery, POS, Reservations;
  • Showing price lists for Delivery, Take away and other services, if such services are provided by you;
  • Navigations instructions on how users can reach your store.

 Price lists shall be managed through the user area. Registered users shall be able, via the platform, to take the following management actions (indicatively: price changes, product encoding, identifying non-available products, setting the dishes of the day, determining the areas where the delivery option is provided, offers) covered by the subscription pack of their choice. Every management action included in the range of services offered by the Company, which does not take place through the user’s management application but upon submission of a respective request to our Company (such as, indicatively, translation into an additional language or changes in the price list with the addition or removal of materials/ingredients, dishes, etc.) is a product of choice of the food service business, not of the Company. The Company shall provide the software, tools and services for the presentation of the e-menu via the application; however, users shall be responsible for the contents thereof.

By registering to our services, you further agree to:

  • Provide true, accurate, complete and updated information about you in the registration form and send your price list in its final form. The Company shall not be obliged to monitor or control the truthfulness or accuracy of the information disclosed by you. However, if the Company has good reason to believe that your information is untrue or misleading, the Company is entitled to refuse your registration or terminate your profile functionality and the provision of its services, as well as refuse any future use of its services by you;
  • Not to use the software for any unlawful or contrary-to-fair-practices purposes that will harm or reduce the efficiency of the Company, including, without limitation, transferring files with viruses or other malware for any reason or transmitting content that is defamatory, obscene, threatening or harmful in any manner whatsoever for any person whatsoever, and not to use the software to cause any discomfort or hardship in general;
  • Refrain from any action that may harm our reputation and interests;
  • Comply with the applicable law when using our software;
  • Indemnify the Company and defend us in any manner whatsoever in the event that a third party raises claims against us as a result of a breach of the present agreement by you;
  • Indicate, upon registration, who is the person responsible in your business in case of market inspection and, if this person changes, inform us immediately about the identity and details of the new person responsible.

4. Payment

In order for you to complete registration and for the Company to receive your information and start providing you with our services, you must first pay the total subscription fee for the service pack of your choice. Your order will not be processed until the transaction is settled in our account. Three payment methods are available:

  • By credit or debit card;
  • By wire transfer to our bank account;
  • By iCard.

Upon completion of payment, it is expressly stipulated by virtue of the present terms that the amount paid, which corresponds to the subscription pack chosen by you, shall not be reimbursed for any reason. You shall not be obliged in any way whatsoever to use our services and you may stop using them at any time; however, the amount paid shall not be reimbursed.

5. Waiver/ Limitation of Liability

Further to what is agreed under section 3 of the general Terms of Use  – with the present terms and conditions for the provision of services constituting an integral part thereof -, you further agree expressly and unreservedly by registering to the software services, that the Company has no involvement whatsoever and shall not be responsible for the agreement between your customer / unregistered user of the software and your business (e.g. for any delay/ defect in the provision of food or drink services, inaccuracy or untruthfulness regarding the food preparation compared to what is stated in the price list, any defect in customer service during the placement of an order/ stay at the restaurant/bar/café/hotel or food delivery, if your business offers a food delivery option) nor will the Company provide any guarantee as to the quality of the products or services of the registered business.

The services provided through our software are limited to providing you with the capability of using our software to show your menus to the wider public and take some menu management actions (as stated in section 3) through your profile. Any registration or change or processing taking place in your menus and shown in our applications is the result of your choice; we provide you with processing tools and services for all the stipulated purposes, as well as with translation in the languages agreed, but you are the ones that configure the menus and choose their final form, as these will become available to the public.

You hereby undertake to make reparations for any actual or consequential damage incurred by the Company and its affiliated persons, employees, etc., which arises directly or indirectly from (a) any inaccuracy in terms of the information you provide us with or the personal data, (b) the services you provide to unregistered users and, in general, the transactions between you and them, (c) any poor use of our software, (d) any breach on your part of any term of the present agreement or of the legislation that is in force from time to time.

6. Contact

For any queries, clarifications or arrangements in connection with the present Terms and Conditions for the Provision of Services to Food Service Businesses, the general Terms of Use and the Privacy Policy, please contact us to the email address: support@e-menus.app .