This legal document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This legal document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Services and practices for usage of Menuadda cloud and its integrated systems.
These terms of services apply to users of Menuadda cloud. Users in this context shall include customers of Menuadda partnered restaurants who use Menuadda cloud for ordering, billing and payment.
By using this cloud services, you agree and acknowledge that you have reviewed this terms of service, give consent and accept this agreement.
References in these Terms to “we” or “us” or “cloud” or “company” are references to Menuadda cloud and “you” as user/users of Menuadda cloud and its integrated systems.
The aim of Menuadda is to enhance the dining experience of customers visiting restaurants by providing them a handy Menuadda cloud access. This access act as customers’ own personalized manager at restaurants partnered with Menuadda. Customers visiting Menuadda partnered restaurants will no more have to connect to restaurant managers to select the vacant table, ask for the menu cards, wait for restaurant manager to take order, collecting payments and much more. Menuadda cloud will do it all for customers.
Helps in enhancing the dining experience for customers and restaurants.
No personalized attention needed: Menuadda customer access is itself customer’s personalized manager helping them automatically identify the table using customers mobile phones they select the desired table, browse the menu, place order and make payment.
No menu card required: The restaurant menu is on the customer’s mobile phone when they enter the Menuadda partnered restaurant and scan the QR code. They can browse the menu of that restaurant on Menuadda cloud access and can start ordering without waiting for supervisor to take their order.
If customer is done, he is ready to pay: Using Menuadda cloud, once user is done having food, they can make online pay through Menuadda cloud access using their Credit Card/Debit Card/Net Banking. No worries even if user wishes to pay cash. For cash payment, user can send Cash Payment request to supervisor Menuadda cloud.
Supervisor will be notified on manager Menuadda cloud access for cash payment. Supervisor can collect the cash from customer and can make change status of order as paid. Once status changes to paid, customer receives the payment receipt on Menuadda cloud as well as an email and SMS.
No trained staff required. Customer can manage their own orders, customize their orders, and quantity as Menuadda supports all. Through Menuadda cloud, customer can add their order to cart with flexibility to customize the order the way they wish to. Customer can set the quantity, taste, select extra toppings/ingredients etc.
Quick Call to Manager. For any assistance, customer doesn’t need to search or wait for supervisor. They can send request via customer cloud access and supervisor is notified on manager serviceto attend the customer.
Amendment: The Company reserves the right to change this cloud access and/or alter the terms and conditions at any time and retains the right to deny access to anyone who the Company believes has violated the provisions of this Terms & Conditions..
By impliedly or expressly accepting this Terms & conditions, You also accept and agree to be bound by Menuadda Rules and Policies as provided from time to time.
This Cloud access may only be used or accessed by such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and insolvents are not eligible to use the App. A minor is not allowed to access or register as a User or user on the cloud. If you represent and are registering as a business entity, by accepting the terms & policies you represent that such entity has sufficient authority under applicable law to enter into the terms & policies and you are duly authorized by the business entity to accept this terms & policies and you have the authority to bind that business entity to this terms & policies.
Registration: You are solely responsible for maintaining secrecy and confidentiality of your username and password. You agree that your sole purpose of registering or using the cloud access is to subscribe for aforesaid services which are specifically notified by the Company from time to time and you shall not use this cloud access for any other purpose including for subscription other than as mentioned above or products that are not allowed under applicable law in any manner..
User may only register with Menuadda if you have the necessary technical requirements at your disposal. Technical requirements are android or IOS smartphone or a tablet or laptop and 3G or higher internet connection or a wifi connection. The availability and the proper functioning of these technical requirements are the sole responsibility of the User.
The instructions “How to use” Menuadda will be available on the homepage of the cloud service. All users are to ensure that they read and adhere to these instructions for accessing Menuadda. The user agrees that Menuadda shall not be held responsible in event of any occurrence due to the non-adherence of these instructions which prevents the user from using the cloud access as designed or due to any reasons over which Menuadda have no control.
You also give permission to the Company to store details and records of your usage of the cloud access indefinitely..
For the purposes of selected services on the cloud access, you agree and undertake not to make payments in any manner other than as provided, without the prior consent of the Company. You acknowledge and accept that you have specifically authorized the Company to collect, process, facilitate and remit payments and/ or the Transaction Price by any of the prescribed methods of payment.
Payments must be made using the any of the payment software of various payment gateway service providers in accordance with the terms and conditions / privacy policy of payment gateway. We facilitate payment processing through PCI compliant debit card/credit card/net banking/mobile banking/ payment gateways. The user agrees and acknowledges that company shall not be held responsible in event of any delays, errors and frauds in processing of payment by entities outside the control of company.
Company uses Payment systems as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be.
The Company neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the online payment system and nor shall the Company be liable for any actual or consequential damages arising from any claim of delay or any payment process related errors or delays.
User agrees and acknowledges that any dispute relating to be governed by restaurant policy and shall be treated as dispute between user and restaurant. You agree and acknowledge that company shall never be held responsible for such disputes to payments made to restaurant shall to concerned restaurant. If restaurant agrees and acknowledges for your refund then we will process your refund through the same mode of payment, within 7 working days from the date of said acknowledgment. Order cancellation are not allowed.
Activation e-mail/SMS- After the registration and due payment (if any) for the selected services, the user will get an e-mail/SMS containing activation code and acknowledging activation of appropriate services & all other details of the selected package to start accessing the service.
Services- User will start receiving all services according to the chosen services within maximum 24 hours of completion of all the due procedures and receipt of activation email/SMS.
Service access is not possible during maintenance periods. Users may be informed about maintenance periods wherever possible.
The user agrees and acknowledges that company shall not be held responsible for any problems that may arise during the course of the subscription due to the internet malfunction/connectivity issues and when the service is closed for maintenance / updating with or without prior notice.
To register for the service, you must complete the registration process by providing us with current, complete and accurate information as prompted by the registration form, including your email address and mobile number (user name) so as to get activation code. You will protect your account, mobile phone, and take full responsibility for your own, and third party, use of your accounts. You are solely responsible for any and all activities that occur under your account. You must notify us immediately upon learning of any unauthorized use of your account or any other breach of security.
You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that: Belongs to another person and to which you do not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing harm minors in any way;
Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
Impersonate another person or use an anonymous proxy;
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
Shall not be false, inaccurate or misleading;
shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in the dealing which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
May give rise to liability on part of the service or the Company or cause any hindrance (in whole or in part)
In case of any violation of the above provisions, the Company has the right to immediately terminate the access or usage rights of the user to the service without any notice and any such information that is displayed or submitted on the service can be removed immediately and completely.
You shall be responsible for keeping backup versions of the information and data provided by you. You hereby agree that you will not expect the service to restore or keep back up of your information and data and not hold the service or the Company accountable for any loss of data in any circumstances.
You will also refrain from accessing information or databases in an unauthorized manner from the service or servers where information or databases are kept.
You shall not attempt to or circumvent or manipulate any of the obligations conferred on you by this terms & policies. If such attempt is discovered, it will constitute sufficient ground for termination of access to the service and also for taking appropriate legal action.
If you choose to provide feedback on the service which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.
You undertake not to disclose or distribute any other User’s Information to a third party, or use the Information for any unauthorized purpose including for the purposes of marketing unless you have obtained the User’s express consent to do so.
You shall not place any advertisements on the service in any manner. Further, you shall not use the service to promote your own or any other person’s business or interests on the service unless permitted by the Company in writing.
Obligations under relevant sections of Indian Cyber Laws
You agree and acknowledge that
You shall not use this service for any purpose that is unlawful and illegal.- You shall not try to penetrate the service and will not implant any virus, Trojan, worm, spyware, malware, spam, spim, scareware, bots, logic bomb, time bomb, key-loggers and any other automated tool like DOS or DDOS attack tool (Denial of Service attack)
You shall not use this service for publishing or promoting or transmitting pornographic data or child pornographic details
You understand, agree and acknowledge that you may be held responsible for above criminal, fraudulent, dishonest and injurious activities under criminal offences’ sections 65, 66, 66B, 66C,66D, 66E, 66F, 67, 67A, 67B, 84B and 84C of Indian Information Technology Act,2000 including any amendments therein based on your IP address details.
You further agree and acknowledge that you may be held responsible under sections 43, and 45 of Indian Information Technology Act, 2000 including any amendments therein for compensating damages for business losses such as financial losses, outage losses, opportunity losses, reputational losses and other overheads like repairing, fixing and maintenance in case of any cyber contravention on your part.
All details of Menuadda will be stored securely on the web server. It is compulsory to refer and agree with our privacy policy and security practices.
We may choose from time to time to provide links to various third-party service from the service. This may include links to sites owned by our associated companies. These third-party links are provided for your convenience only and are accessed at your own risk. You agree that we have no responsibility or liability for any independent policies or actions of these third-party sites and are not responsible in any way for the privacy practices, customer service practices, content or availability of any such apps. You also agree and acknowledge that we shall not be responsible in any way for any damage or loss caused in relation to the content, goods or services available through such apps.
Information, reports, videos, blogs, newsletters and every other feature (Collectively known as “online contents”) may be added to and removed from the Service without notice. The Information, reports, videos, blogs, newsletters and other details included in the Service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Every effort is made to keep online contents up to date but users should obtain independent verification or advice before relying on any piece of information in circumstances where loss or damage may result. The Service and online contents are provided on an ‘as is’ basis and we exclude to the extent permitted by law all implied warranties relating to fitness for a particular purpose.
Reasonable care has been taken to ascertain the accuracy of all contents. Menuadda unequivocally states that the contents provided in the service should not be considered as the authority on that topic / subject. In event of any discrepancy the relevant restaurant / sources of information for the topic / subject are to be consulted. Should the user find that any content is inaccurate or does not agree with that derived by the User then the User may voluntarily undertake to inform Menuadda about the same through all available means provided in the service of Menuadda along with the justification / solution / reasoning for the correct content proposed by the user. The User undertakes and acknowledges that Menuadda shall not be held responsible for any content(s) given that may be / have been proven wrong at a later stage, without recourse through a meaningful dialogue with Menuadda and providing Menuadda an opportunity, if required, to undertake corrective action in a mutually agreeable time frame.
You shall indemnify and hold harmless the Company and the Company’s parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of the terms & policies including the rules and policies incorporated herein by reference, or your violation of any law, rules or regulations or the rights of a third party.
All intellectual property rights and other rights in the online contents (in both machine readable and printed form) belong to appropriate user who has uploaded the said contents on service. Other users shall not use online contents in any way that infringes the intellectual property rights of IPR owner who has uploaded the said contents. Users shall not obscure or remove any copyright notices that appear on online contents published on app. However, we may use user’s online contents for our data analytics purposes as per our privacy policy.
The graphics, software, display formats (excluding online contents uploaded by any user), design, style, Interface, compilation, digital conversion, flow and every other matters related to the Site are owned by the company and protected under applicable Indian and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. “Menuadda.com” and other marks are either trademarks or registered trademarks of Menuadda PVT. LTD. having its registered office at, Sulopa Solutions, Sri Arunachaleshwara Building, 2nd Floor, Bellandur Main Road, Bangalore - 560103, India.
You agree and acknowledge that IPR shall include but not limited to following list of modules and sub-modules of Menuadda.
Menuadda customer application modules: login & registration module. View menu card module. Payment module. Favorites module. Offers module. Order history module. Send request to manager module
Every effort has been made to ensure the originality and authenticity of online contents of Menuadda. Similarities with online contents on similar subjects / topics available in any form elsewhere are purely coincidental. The user unequivocally agrees to ensure that in event of claiming a copyright violation the user will undertake to first inform us through all available means provided in the service of Menuadda about the nature of copyright violation and suspected user who is prima facie responsible for said copyright violations as well undertakes not to proceed with legal / judicial action without recourse through a meaningful dialogue with us and providing us an opportunity to undertake corrective action, if required, in a mutually agreeable time frame. Other products/services, restaurant names and brand name displayed on the Site may be the trademarks or copyrights of their respective owners. The copying, redistribution, use or publication by user of any such matters or any part of the site except as allowed by this agreement are strictly prohibited.
This legal document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Users/user shall not:
make multiple printouts or copies of contents for distribution to Unauthorized Persons;
re-sell the Service or any part of the contents to others;
make the Service or any contents available to Unauthorized Persons on any network;
abstract, download, store, reproduce, transmit, display, copy, distribute or use the contents other than as permitted;
decompile, disassemble or reverse engineer any of the computers, software programs, databases or other systems used by us to provide the Service;
use the Service for any illegal purpose nor send or post or allow any posting of information which is defamatory or obscene or which violates the legal rights of others, nor use the Service to send any unsolicited promotional or advertising material, or any volume messages which may interfere with the provision of the Service or the enjoyment of the Service by other users.
This Agreement shall commence on the Start Date stated in the activation email/SMS and shall survive till it is terminated by the company by sending specific e-notice for the same. If, at any time, we have reasonable grounds to believe that the user is not using the service in accordance with this Agreement including, without limitation, by permitting or acquiescing to the use of the Data by persons other than the users identified in the subscription, we may suspend the provision of the Service to the User. You agree and acknowledge that we shall have no obligation to reinstate the Service until disputed issue(s) has been agreed between the parties. You further agree and acknowledge that we shall have no liability for any loss, damage or inconvenience caused to you by such a suspension of the Service. The user will not be entitled to any refund of money paid within this subscription period. Once the suspension has been lifted, and provided that the issues surrounding the suspension have been resolved, the user will be entitled to receive and missing data accumulated during the suspension period. On expiry or termination of this Agreement for whatever reason the user shall cease all use of the data immediately.
Without limiting other remedies that the Company may pursue, the Company may at its sole discretion take such action as it deems fit including but not limited to limit your activity, immediately remove your information, warn other Users of your actions, forthwith temporarily/indefinitely suspend or terminate or block your subscription, and/or refuse to provide you with access to the service or initiate any legal action it may deem fit, particularly in the event:
You breach any of the provisions of this terms & policies including any of the rules and policies, documents, terms and conditions made there under which are incorporated therein by reference;
Failure of verification or authentication of any information provided by you;
No actions, omissions or decisions taken by the Company shall waive any rights or claims that the Company may have against the User. Any User that may have been suspended or blocked may not register or attempt to register with the service or use the service in any manner whatsoever until such time that such User is reinstated by the Company. Notwithstanding the above, if you breach the terms & policies or the rules and policies and other documents incorporated therein by reference, the Company reserves the right to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or civil or other proceedings against you.
In case of any grievance, objection or complaint on your part with respect to the App, other Users or the Company, including any complaints or enquiry about suspension, termination or blocking of your membership or right to use the App, you should promptly raise such grievance or complaint with the designated Grievance Officer at help@Menuadda.com and provide him with all necessary information and/or documents to enable the Company/ Grievance Officer to resolve the issue. The name and contact details of the Grievance Officer is published on the service as required under the provisions of the Information Technology Act, 2000 and the rules made there under.
None of the provisions of this terms & policies shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever. Except as explicitly stated otherwise, any notices directed to the Company shall be given by email to help@Menuadda.com and any notices to you by the Company shall be provided to the email address provided by you during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any clause of this terms & policies or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this terms & policies and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this terms & policies shall be valid and enforceable to the fullest extent permitted by law.
This terms & policies together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between you and the Company with respect to the subject matter herein.
The Company at its sole discretion shall be entitled to assign or transfer its rights and obligations under this terms & policies hereunder to any other person without your prior consent provided that the Company assigns this terms & policies on the same terms or such terms that are no less favorable to you. All remedies of the Company under this terms & policies whether provided herein or conferred by statute, civil law, and custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.
If any dispute arises between you and the Company during your use of the service or the Pay Facility or any service incidental to the service or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the terms & policies or the rules, policies and documents incorporated therein by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company whose decision shall be final. The place of arbitration shall be Ahmedabad, Gujarat, India. The Indian Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
This terms & policies and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in Bangalore, Karnataka, India shall have exclusive jurisdiction.
This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical signatures.
This Agreement may not be assigned or sublet by the user without the prior written consent of Company.
This Agreement including the current or any renewal Schedule is the complete and exclusive statement of the agreement between the parties hereto and supersedes all prior agreements and communications between the parties concerning the subject matter hereof. The user acknowledges that no reliance is placed on any representation made but not embodied in this Agreement. No variation of this Agreement shall be effective unless in writing signed by the parties and expressed to be such a variation.
No failure or delay by us in exercising any remedy, right or privilege under or in relation to this Agreement shall operate as a waiver of the same nor shall any single or partial exercise of any remedy, right, power or privilege preclude any further exercise of any other right, power or privilege.
The Clause headings in this Agreement are inserted for convenience only and shall not affect the interpretation of this Agreement.
We shall be under no liability for any failure, delay or omission by it in the performance of its obligations under this Agreement if such failure delay or omission arises from any cause beyond our control, including, but not limited to acts of god, acts or regulations of any governmental or supra-national authority, war or national emergency, fire, civil disobedience, strikes, lock-outs, technical black-out and industrial disputes.