Terms of Service


Last Updated: March, 1 2017

 
1.1 MenuStar provides its Service (as defined below) to You through its Website or reseller sites (the “Site”), subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Site, You acknowledge that you have read, understood, and agree to be bound by this TOS. If You are entering into this TOS on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these TOS, in which case the terms “You” or “Your” shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with these TOS, You must not accept these TOS and may not use the Service.

1.2 MenuStar may change this TOS from time to time without prior notice. You can review the most current version of this TOS at any time at http://www.TheMenuStar.com/t&c.html. The revised terms and conditions will become effective upon posting and if You use the Service after that date, we will treat your use as acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to You, your only remedy is to stop accessing and using the Service.

IMPORTANT: PLEASE REVIEW THE “DISPUTE RESOLUTION” SECTION BELOW CAREFULLY AS IT CONTAINS A BINDING ARBITRATION AND CLASS ACTION WAVIER AGREEMENT. YOU ACKNOWLEDGE AND AGREE TO RESOLVE ALL DISPUTES BY ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. BY AGREEING TO THESE TERMS, AND/OR BY USING OR ACCESSING THE MENUSTAR SERVICE YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

 
DESCRIPTION OF SERVICE

2.1 The Site is a Web-based solution through which restaurants may provide online ordering for their customers and customers may connect with restaurants to place orders for pickup, dine-in and/or delivery. The “Service” includes (a) the Site, (b) the online ordering system, tools and services provided through the Site and by the Application Programming Interface (“API”) made available via the Site, and (c) all software, data, text, images, sounds, video, and content made available through the Site or services, or developed via the API (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS.

 
GENERAL CONDITIONS / ACCESS AND USE OF THE SERVICE

3.1 Subject to the terms and conditions of this TOS, You may access and use the Service only for Your purposes as contemplated by the Agreement. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TOS; (b) use the Service to process data on behalf of any third party, or (c) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components.

3.2 Subject only to the limited right to access and use the Service expressly granted to You under this TOS, all rights, title and interest in and to the Service and its components will remain with and belong exclusively to MenuStar. You shall not modify, adapt or hack the Service to falsely imply any sponsorship or association with MenuStar, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.

3.3 You are solely responsible for all materials, information, data, text, messages or other materials that You, or any Authorized User, upload, post, e-mail, transmit, or otherwise make available via the Service (“Your Content”). You have the sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of Your Content. You are responsible for maintaining the confidentiality of Your login and account and are fully responsible for any and all activities that occur under Your login or account.

3.4 You warrant that You own or have sufficient legal right to the intellectual property rights in Your Content and that Your Content, including any use thereof by MenuStar as described herein, does not violate applicable law or the rights of any third party. You hereby grant MenuStar, MenuStar’s affiliates, resellers and partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable right to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on the Internet, (ii) processing Your Content in connection with providing the Services to You, and/or (iii) storing or hosting Your Content in a remote database or on the Site for access. This license will apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.

3.5 MenuStar reserves the right to access any or all of Your accounts for support, maintenance or servicing.

3.6 You understand that the technical processing and transmission of the Service, including Your content, may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to MenuStar’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service.

3.7 The failure of MenuStar to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between You and MenuStar, even though it is electronic and is not physically signed by You and MenuStar, and it governs Your use of the Service and takes the place of any prior agreements between You and MenuStar.

3.8 MenuStar reserves the right to modify or discontinue any service with or without notice to you. MenuStar shall not be liable to you or any third party should MenuStar exercise its right to modify or discontinue services.

3.9 Unauthorized access to the Site is a breach of this Agreement and a violation of the law. You agree not to access the Site by any means other than through the interface that is provided by MenuStar for use in accessing the Site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Site, except those automated means that MenuStar has approved in advance in writing.

3.10 You may not access the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

3.11 Use of the Site is subject to existing laws and legal process. Nothing contained in this Agreement will limit MenuStar’s right to comply with governmental, court, and law-enforcement requests or requirements relating to Your use of the Site, which may include disclosing Your Content to the applicable authorities.

 
INTELLECTUAL PROPERTY

4.1 The Site holds certain content, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software, that is the property of MenuStar or its content suppliers and protected by international copyright laws. No license is granted to You to use such copyrighted material in any way.

4.2 MenuStar and MenuStar’s various logos used or displayed on the Service are trademarks of MenuStar and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the MenuStar products and services, provided You do not attempt to claim ownership of the marks by incorporating any of them within Your names or offerings.

 
PAYMENTS AND REFUNDS

5.1 Trials and Payments. The Service is made available on a pay-as-you-go basis and is charged at the start of Your elected subscription term (monthly).

5.2 Prices. Prices of all MenuStar Plans and Services are posted on the Pricing page found at http://www.theMenuStar.com.

5.3 Refunds. There are no refunds or credits for partial months of service, plan downgrades, or refunds for months unused. No exceptions will be made in order to treat everyone equally and keep our administrative costs low for the ultimate benefit of our customer base. Setup fees are not refundable.

5.4 Upgrading and Downgrading Plans. If you choose to upgrade Your plan, any incremental cost will be prorated over the remaining term of the subscription period and charged to Your account. Subsequently, Your credit card will automatically be charged the adjusted rate on Your next billing cycle subsequent to the pro-rating billing. A billing exception exists if You are on a monthly billing cycle where You will not see a prorated charge or credit in the current month, but Your new billing rate will be reflected on Your next monthly bill. Downgrading Your plan level may cause the loss of content, features, or capacity of Your account and MenuStar does not accept any liability for such loss.

5.5 Credit Card Billing, Receipts and Privacy. The account owner will receive an email receipt upon each credit card charge. The receipts are also available for the account owner from within the application. MenuStar provides an interface for the account owner (as defined in the sign-up procedure) to change credit card information (e.g., upon card renewal).

5.6 Credit Card Disclaimer. MenuStar will make reasonable efforts to maintain the confidentiality of Your credit card data and other personal information (“Sensitive Information”) in its possession by encrypting such data and information as it travels over the Internet. Notwithstanding the foregoing, however, MenuStar accepts no responsibility and will not be liable for any loss, damage, misuse, or unauthorized access of Your Sensitive Information even if MenuStar has been advised of the possibility of such liability.

5.7 Credit Card Privacy. MenuStar uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use Your billing information except to process Your credit card information for MenuStar. Though MenuStar takes every measure to protect our users’ credit card information, should any third party illegally break through our security and access our database, then your data may be at risk. In such an event, you release MenuStar from all liability regarding the storage of your credit card information.

 
CANCELLATION AND TERMINATION

6.1 Either You or MenuStar may terminate your account at any time, with or without cause, upon notice.

6.2 You are responsible for properly canceling Your account. The account owner (as defined in the sign-up procedure) can cancel the account at any time by clicking on the Cancel link in Your account. You will lose access to all of Your content upon cancellation and we will delete it in our normal course of business operations. This information cannot be recovered once your account is cancelled. If You cancel the Service before the end of Your current subscription period, your cancellation will take effect immediately and there will be no refunds or credits.

6.3 MenuStar reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your content in the Service, for any reason, including, if MenuStar believes that You have violated these TOS. MenuStar will use all reasonable efforts to contact You directly via email to warn You prior to suspension or termination of Your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities. MenuStar shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.

 
DISCLAIMER OF WARRANTIES

7.1 THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND MENUSTAR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT MENUSTAR DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM MENUSTAR OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.

 
LIMITATION OF LIABILITY

8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL MENUSTAR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, MENUSTAR SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE MONTHLY SERVICE FEE PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE HUNDRED ($100) U.S. DOLLARS, WHICHEVER IS GREATER. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.

8.2 SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE STATES, MENUSTAR’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

8.3 YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN NINETY (90) DAYS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

8.4 BY USING THE SITE, YOU ACKNOWLEDGE THAT MENUSTAR AND ITS RESTAURANTS ARE INDEPENDENT AND THAT MENUSTAR MAKES NO REPRESENTATION AND/OR WARRRANTY IN REGARDS TO THE QUALITY OF ANY EXPERIENCE YOU MIGHT HAVE AT ANY OF ITS RESTAURANTS. TO THAT END, YOU AGREE TO INDEMNIFY AND HOLD MENUSTAR HARMLESS FROM ANY AND ALL LIABILITY ARISING OUT OF OR RELATED TO YOUR EXPERIENCE WITH MENUSTAR’S RESTAURANTS.

 
ASSIGNMENT

9.1 MenuStar may assign or transfer this TOS, in whole or in part, without restriction.

 
EXPORT COMPLIANCE

10.1 You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components.

 
DISPUTE RESOLUTION

11.1 Binding Arbitration. Any dispute or claim between you and Menustar and/or its subsidiaries, affiliates, and/or any of their respective members, officers, and employees shall be resolved exclusively by final, binding arbitration governed by the Federal Arbitration Act (“FAA”). Arbitration means that an arbitrator and not a judge or jury will decide the claim. Rights to prehearing exchange of information and appeals may also be limited in arbitration. The arbitration will be conducted in Los Angeles, California, unless you and Menustar agree otherwise in writing. The arbitrator’s fees and the costs will be shared equally by the parties. Each party will be responsible for their own attorneys’ fees.

You acknowledge and agree that you and Menustar are each waiving the right to go to court and have a Dispute heard by a judge or jury. The arbitration will be administered by the American Arbitration Association (“ AAA ”) and conducted before a single arbitrator pursuant to its rules, including, without limitation, the AAA’s Consumer-Arbitration Rules, available at https://www.adr.org/consumer.

In addition, you hereby unconditionally agree that (1) the arbitrator’s decision shall be controlled by these Terms of Use and any of the other agreements referenced herein that you may have entered into in connection with the Site; (2) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; and (3) in the event the AAA is unavailable or unwilling to hear the Dispute, you and Menustar shall agree to another arbitration provider.

11.2 Class Action Waiver. Any dispute shall only be on an individual basis. You acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Menustar otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

 
SEVERABILITY

12.1 If any part of this Agreement is ruled to be unenforceable, then the balance of this Agreement shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.