Terms and Conditions
Introduction
This Agreement between You and Menu Mate consists of these Terms and Conditions. ‘You’ refers to any entity identified in the Application Form submitted by the same or affiliated persons, and/or any agency acting on it (or their) behalf, that shall also be bound by the terms if this agreement.
Acceptance
By returning a completed application form back to Menu Mate, you agree to these terms and conditions and agree to pay
(Featured
Listing only) Menu Mate the amount due after the completion of the free first
one month.
Self Management
Once Menu Mate has provided with your own unique username and password you will be responsible for keeping your content current. Any updates submitted to Menu Mate after the original set-up may attract an update charge at Menu Mate’s discretion.
Content Submissions.
You shall represent and warrant to Menu Mate that:
1. You have the right and authority to enter into this agreement and undertake the obligations herein on behalf of the venue;
2. The content you submit shall not contravene any laws, statutes, regulations, or any agreement which you have with any third party to be obscene, indecent, defamatory, misleading or deceptive in nature.
3. You agree to pay for all Menu Mate legal fees and expenses, including attorney fees and shall pay any and all damages, penalties or fees awarded against MenuMate in favor of a third party arising from your acts or omission pursuant to this Agreement or a breach of your representations, warranties, or covenants by you.
Link Your Web Site.
You may include an appropriate URL to your venue. Menu Mate reserves the right to link Menu Mate to you site.
Payment. (Featured
Listing only)
You agree to pay Menu Mate the Price of $30per month, paid quarterly or an annual fee of $300. If you have not paid the Price within 20 business days subsequent to the due date, the price quotes may vary. Menu Mate reserves the right to revise the Price of your subscription.
Prohibited Uses.
Menu Mate strictly prohibits using any Menu Mate Property, any Partner Property, or any third party technology (i) to list contents, services, products or materials that are illegal in any state where your listing is displayed; (ii) to engage in any other illegal or fraudulent business practices under the laws of any state where your listing is displayed.
Termination / Cancellation.
Unless otherwise agreed to in writing by the parties, you and Menu Mate may terminate this agreement at any time, for any reason, by providing the other party with prior written notice of 10 business days that may include notice sent via e-mail. Thus subscription may continue to run until such cancellation takes effect.
Upon cancellation or termination or expiration of this Agreement for any reason, (i) you shall remain liable for any amount due for the subscription already delivered through the date that such cancellation or termination takes effect. There is no refund for the price or any part thereof under the subscription should you opt to terminate mid-month. Upon cancellation or termination or expiration of this Agreement, Menu Mate reserves the right to retain or remove the content or part of provided by you when you subscribed to the subscription. You may not resell, assign or transfer the subscription and any such attempt may result in termination of this Agreement.
Confidentiality.
Each party will not disclose Confidential Information of the other party to any third party without prior written consent, except as provided herein, during the term of this Agreement and subsequent 2 years following the termination, expiration or cancellation of this Agreement.
‘Confidential Information’ excludes information (i) that has become publicly known through no breach by a party; (ii) rightfully received from a third party; or (iii) required to be disclosed by law or by a governmental authority.
Limitation of Liability.
Menu Mate excludes all representations, warranties, and conditions of any kind whether express or implied, including without limitation with respect to the subscription or other services, and expressly disclaims the warranties or conditions of non-infringement, merchantability and fitness for any particular purpose. Menu Mate also excludes any negligence to you or anyone else in respect of any loss or damage, (including special, direct, indirect, punitive, consequential loss or damage such as loss of revenue, loss of reputation, unavailability of systems, inaccuracy of data or loss of data and other matters to that effect) arising from or in connection with the subscription.
All parties acknowledge that they have entered into this Agreement relying on the limitations of liability stated herein.
You Obligation to Indemnify.
You agree to indemnify Menu Mate, its directors, officers, employees and applicable third parties against all claims, demands, damages, costs, penalties, suits, loss, liabilities, expense including damage awards, settlement amounts, and reasonable legal fees brought against any Indemnified Person(s), arising out of your subscription, your website, and /or your breach of any terms of this Agreement. You acknowledge and agree that each Partner, as defined herein, has the right to assert and enforce its rights under this Section directly on its own behalf as a third party beneficiary.
Miscellaneous.
You will be responsible for all reasonable expenses, incurred by Menu Mate in collecting unpaid amounts under this Agreement.
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