mobileMenu Terms & Conditions
Effective on December, 2020.
By accessing or using the mobileMenu website, the mobileMenu service, or any applications (including mobile applications) made available by mobileMenu (together, the “Service”), however accessed, you agree to be bound by these terms of use (“Terms of Use”). The Service is owned or controlled by Peeters Company Limited (“mobileMenu”). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.
There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.
General Terms
1. You must be at least 18 years old to use the Service.
2. You are fully responsible for complying with any legal age requirements to ordering (alcoholic) drinks, food or any other products via the Service. You agree to cooperate to a verification of age when deemed necessary.
3. You may only submit orders or requests on behalf of yourself and/or the people at your own table or place.
4. You hereby declare to take full responsibility for any orders and/or request you submit via the Service.
5. You hereby agree to use the Service at your own risk.
6. You understand and agree that mobileMenu is not responsible for any information about the products and/or services offered by the Service, this includes information about ingredients, allergens, nutritional information and any other information provided by the Service. You hereby agree that all information provided by the Service may contain mistakes and/or may be incomplete, and you take full responsibility to verify all the information before using the Service and/or placing an order.
7. You understand and agree that mobileMenu is not responsible for any damages or injury that is the direct or indirect result of using or consuming a product ordered through the Service.
8. Submitting an order via the Service binds you to a payment obligation to the business where you have submitted the order. You may not leave the business until you have fulfilled all your payment obligations.
9. You may not submit fraudulent or phony orders or requests or perform any illegal activity via the Service.
10. All orders or requests submitted via the Service must be considered as not final and have to be checked for authenticity before preparation or handling to prevent fraud or mistakes.
11. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive text, photos or any other content via the Service.
12. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, mobileMenu prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to mobileMenu upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
13. You agree that you will not solicit, collect or use the login credentials of other mobileMenu users.
14. You are responsible for keeping your password secret and secure.
15. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
16. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
17. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
18. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or mobileMenu.
19. You must not use domain names or web URLs in your business name or username without prior written consent from mobileMenu.
20. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any mobileMenu page is rendered or displayed in a user’s browser or device.
21. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
22. You must not attempt to restrict another user from using the Service and you must not encourage or facilitate violations of these Terms of Use or any other mobileMenu terms.
23. You understand and agree that mobileMenu cannot and will not be responsible for any content, information, prices, images, products and/or services, including any information and possible mistakes in the information, provided by the Service and you use the Service at your own risk.
24. Violation of these Terms of Use may, in mobileMenu’s sole discretion, result in termination of your mobileMenu account. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for mobileMenu, we can stop providing all or part of the Service to you.
General Conditions
1. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your mobileMenu account by logging into the Service and disabling all “tables” or “places” and removing all staff accounts. If you want to remove your account completely you can contact us by e-mail or the provided contact form on welcome.mobileMenu.eu. If we terminate your access to the Service or you request removal of your account, all your data will no longer be accessible through your account.
2. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
3. We reserve the right, in our sole discretion, to change these Terms of Use (“Updated Terms”) from time to time. Unless we make a change for legal or administrative reasons, we will provide advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
4. We reserve the right to refuse access to the Service to anyone for any reason at any time.
5. We reserve the right to force forfeiture of any username for any reason.
6. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
7. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that mobileMenu is not responsible or liable for the conduct of any user.
8. There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. mobileMenu does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that mobileMenu is in no way responsible or liable for any such third-party services or features. Your correspondence and business dealings with third parties found through the service are solely between you and the third party. You agree that you are responsible for all data charges you incur through use of the Service.
9. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, business or user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with mobileMenu’s express consent).
Rights
1. mobileMenu’s does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to mobileMenu’s a worldwide, irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free license, with the right to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit the Content that you post on or through the Service.
2. You acknowledge that we may not always identify paid services, sponsored content or commercial communications as such.
3. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
4. The Service contains content owned or licensed by mobileMenu’s (“mobileMenu’s Content”). mobileMenu’s Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and mobileMenu’s, mobileMenu’s owns and retains all rights in the mobileMenu’s Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the mobileMenu’s Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the mobileMenu’s Content.
5. The mobileMenu’s name and logo are trademarks of mobileMenu, and may not be copied, imitated or used, in whole or in part, without the prior written permission of mobileMenu’s, except in accordance with our brand guidelines, available at our website welcome.mobileMenu.eu. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of mobileMenu, and may not be copied, imitated or used, in whole or in part, without prior written permission from mobileMenu.
6. Although it is mobileMenu’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
mobileMenu is not accountable for any financial or non financial damages or losses incurred through the use of the platform due to interruption/malfunction of services
7. mobileMenu reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by mobileMenu, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, mobileMenu encourages you to maintain your own backup of your Content. In other words, mobileMenu is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. mobileMenu will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
9. You agree that mobileMenu is not responsible for, and does not endorse, Content posted within the Service. mobileMenu does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
10. Except as otherwise described in the Service’s Privacy Policy, as between you and mobileMenu, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with mobileMenu is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place mobileMenu in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of mobileMenu, and mobileMenu will not be liable for any use or disclosure of any Content you provide.
11. It is mobileMenu policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, mobileMenu does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that mobileMenu is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
d
Application License
Subject to your compliance with these Terms of Use, mobileMenu grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a mobile device or computer that you own or control and to run such copy of the Application solely for your own personal use.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Application in any way; (ii) modify or make derivative works based upon the Service or the Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service.
Payment Terms
Any fees that mobileMenu may charge you for the Service, have to be paid within 14 days after the invoice date and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Service either planned, accidental or intentional, or any reason whatsoever.
mobileMenu can, at its sole discretion, make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. mobileMenu may change the fees for our Service, as we deem necessary for our business.
DISCLAIMER OF WARRANTIES
The service, including, without limitation, mobilemenu’s content, is The service, including, without limitation, mobilemenu’s content, is provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, neither mobilemenu nor its parent company nor any of their employees, managers, officers or agents (collectively, the ” mobilemenu parties”) make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the service; (b) the mobilemenu content; (c) user content; or (d) security associated with the transmission of information to mobilemenu or via the service. In addition, the mobilemenu parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
The mobilemenu parties do not represent or warrant that the service will be error-free or uninterrupted; that defects will be corrected; or that the service or the server that makes the service available is free from any harmful components, including, without limitation, viruses. The mobilemenu parties do not make any representations or warranties that the information (including any instructions) on the service is accurate, complete, or useful. You acknowledge that your use of the service is at your sole risk. The mobilemenu parties do not warrant that your use of the service is lawful in any particular jurisdiction, and the mobilemenu parties specifically disclaim such warranties.
By accessing or using the service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service.
The mobilemenu parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.
LIMITATION OF LIABILITY
Under no circumstances will the mobilemenu parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary,special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the service; (b) the mobilemenu content;(c) user content; (d) your use of, inability to use, or the performance of theservice; (e) any action taken in connection with an investigation by the mobilemenu parties or law enforcement authorities regarding your or any other party’s use of the service; (f) any action taken in connection with copyright
or other intellectual property owners; (g) any errors or omissions in the
service’s operation; or (h) any damage to any user’s computer, mobile device,
or other equipment or technology including, without limitation, damage from any
security breach or from any virus, bugs, tampering, fraud, error, omission,
interruption, defect, delay in operation or transmission, computer line or
network failure or any other technical or other malfunction, including, without
limitation, damages for lost profits, loss of goodwill, loss of data, work
stoppage, accuracy of results, or computer failure or malfunction, even if
foreseeable or even if the mobilemenu parties have been advised of or should
have known of the possibility of such damages, whether in an action of
contract, negligence, strict liability or tort (including, without limitation,
whether caused in whole or in part by negligence, acts of god,
telecommunications failure, or theft or destruction of the service). In no
event will the mobilemenu parties be liable to you or anyone else for loss,
damage or injury, including, without limitation, death or personal injury.
You agree that in the event you incur any damages, losses or injuries that arise out of mobilemenu’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by
the mobilemenu parties, and you will have no rights to enjoin or restrain the
development, production, distribution, advertising, exhibition or exploitation
of any web site, property, product, service, or other content owned or
controlled by the mobilemenu parties.
Mobilemenu is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
Indemnification
You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at mobileMenu’s request), indemnify and hold the mobileMenu Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by mobileMenu in the defense of any claim. mobileMenu reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of mobileMenu. You agree that any claim you may have arising out of or related to your relationship with mobileMenu must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing Law & Venue
These Terms of Use are governed by and construed in accordance with the laws of the Belgium. For any action at law, you agree to resolve any dispute you have with mobileMenu exclusively at the competent court in Brussels, Belgium.
Entire Agreement
If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and mobileMenu and governs your use of the Service, superseding any prior agreements between you and mobileMenu. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of mobileMenu. Any purported assignment or delegation by you without the appropriate prior written consent of mobileMenu will be null and void. mobileMenu may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.
Territorial Restrictions
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject mobileMenu to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that mobileMenu provides.
Contact Details
Peeters Company Limited (“mobileMenu”)
Leopold II Laan 55, Bus 4
1080 Brussel
Belgium
VAT / BTW: BE 0783.801.669
E-mail: [email protected]
Internet: welcome.mobilemenu.eu
The latest version of these Terms of Use are available for download at the mobileMenu website: welcome.mobilemenu.eu
welcome.mobilemenu.eu 