eMenu (the Software) is made available to you by KPTAC Technologies, with trade license number 661814, whose registered office address is 701 Aspin Commercial Tower, Sheikh Zayed Road, Dubai, United Arab Emirates (referred to in these terms and conditions (Terms and Conditions) as 'we', 'us' and 'our').
When we refer to 'you' and 'your', we mean anyone who uses and accesses the Software.
These Terms and Conditions, and all other terms and conditions and documents referred to herein govern the conditions on which you are entitled to access and use the Software. Please take the time to read them carefully.
By accessing and continuing to use the Software, you will be deemed to agree to these Terms and Conditions and shall be bound by them. If you do not agree to these Terms & Conditions, then you must stop using or accessing the Software immediately.
We reserve the right to modify or amend these Terms and Conditions from time to time. You should check these Terms and Conditions each time you access the Software to ensure that you are aware of and are complying with the current version. Changes are binding on users of the Software and will take effect immediately from posting of the revised documentation on the Software.
The Software is a software as a service application that enables restaurants/kitchen’s to sell their menu items (Menu Items) directly to customers (Customers), including via integrations with various other sales channels.
We reserve the right to modify or discontinue the Software at any time and without notice to you.
We also reserve the right to change our fee / pricing structure from time to time, and all changes will be posted on the Software by giving reasonable notice.
Furthermore, you accept that Software unavailability may occur in order to allow for improvements, scheduled maintenance or may also be due to outside factors beyond our control and we accept no liability for the same.
In order to access and use the Software, you must:
You can set-up your Account by following the process set out on our Software. You acknowledge that you will not be able to fully use the Software until your Account has been activated and your complete details have been uploaded. We have the right to reject the creation or activation of an Account for any reason, including after the fact.
You confirm that you are using the Software for the purposes of carrying on a business activity and not for any personal, household or family purpose.
You acknowledge that we will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You must monitor the primary Account email address you provide to us and your primary Account email address must be capable of both sending and receiving messages. Your email communications with us can only be authenticated if they come from your primary Account email address.
You will be solely responsible for maintaining the confidentiality and security of your Account details. You may not share, assign, or permit the use of your Account or password with another person. You agree to notify us immediately if you become aware of any unauthorized use of your Account or password.
You are responsible for all use and all activities that occur under your Account(s) and will be considered authorised by you, and that you solely bear the responsibility for the consequences of the misuse of your Account.
We may permit you to create one or more staff accounts (Staff Accounts) allowing other people to access the Account. With Staff Accounts, you can set permissions (including to restrict access to sensitive data) and let other people work in your Account. You are responsible and liable for the acts, omissions and defaults arising from use of Staff Accounts in the performance of obligations under these Terms and Conditions as if they were your own acts, omissions or defaults.
We may limit, suspend, cancel, deactivate or withdraw your Account at any time, without prior notice, for breach of these Terms, or for any reason in our sole discretion.
Any contract of sale for the Menu Items made on the Software is directly between you and the relevant Customer. You are responsible for ensuring that the name of your restaurant/kitchen (including the legal name of the company that owns the restaurant/kitchen, if applicable) is clearly visible to Customers on the Software. We are responsible for providing the Software only and all operational aspects of providing the Menu Items and all Customer service is at all times your responsibility, including but not limited to all communications with the Delivery Company and any Customer complaints and queries.
We act as a Software provider only and accept no liability for the performance of deliveries assigned to one of our partners (whether through direct integration or a separate contract between you and the relevant delivery company “Delivery Company”).
Accepting eMenu’s terms and conditions means you are subject to the terms and conditions of our directly integrated delivery partners, which are reflected in our help center articles on delivery services.
By posting or displaying any Menu Items or descriptions, information, pricing or other content on the Software (Content), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable license to us to use the Content in any form, media, or technology in any manner and for any purpose.
You shall not use or provide any false information to us, pretend to be someone other than yourself or otherwise mislead us or third parties in any Content.
Content on the Software is generated by the relevant user and may not reflect our opinions. We may, but shall not be obligated to, remove or edit any Content provided by you.
It is your responsibility to review the Content of your listings for accuracy. You will not attempt to hold us liable for any inaccuracies or defects in any Content.
You represent, warrant and agree that any Content that you submit, post or display on the Software:
You represent, warrant and agree that:
Furthermore you represent, warrant and agree that you will not:
We have the right to remove a posting or listing or suspend or terminate any Account, if there is a violation or suspected violation of these Terms and Conditions.
By requesting to integrate a payment gateway with your Account, you are agreeing to be bound by the relevant merchants terms and conditions, as they may be amended by from time to time. A summary of the key terms is available here, but you should review the actual terms and conditions from time to time. Your continued use of the payment gateway after any amendments constitutes your agreement to, and acceptance of, the amended merchant terms. If you do not agree to any changes to the merchant, de-activate your merchant account and do not continue to use the payment gateway.
You are responsible for the payment of any bank / payment processing charges and the same will be deducted from any amounts payable to you under these Terms and Conditions.
We may remove or add payment methods at any time without prior notice to you.
We may give you access to third-party sites or services through hyperlinks, API or other means on the Software (which include but are not limited to, WhatsApp, Facebook, Instagram and Google). We have no control over and do not monitor such third-party sites and we will not be liable to you for the content of these sites or your use of them.
We may present you with other third-party services on the Software, such as Delivery Company services and payment gateways. These services can be provided either through direct integration or subject to a separate agreement between you and the service provider. We will not be liable to you for the use of such services, or for any failures on the part of these service providers.
You agree that all intellectual property rights and database rights, whether registered or unregistered, in the Software and any associated software (Software) and the design and all software compilations, underlying source code and software shall remain at all times vested in us or our licensors. Use of such material will only be permitted as expressly authorized by us or our licensors.
Any unauthorized use of the Software or the Software is strictly prohibited, and you agree not to, or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
We shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with you to promote the Software and our services.
Nothing in these Terms and Conditions shall limit or exclude a party’s liability:
We shall not be liable to pay any consequential, indirect, punitive or incidental damages (including but not limited to damages for loss of profits or savings, business interruption or loss of information) arising out of or in connect with these Terms and Conditions, even if we had been advised of the possibility of such damages.
In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:
Subject to the above, our total liability to you, whether based on an action or claim in contract, negligence or breach of statutory duty or otherwise, arising out of or in relation to these Terms and Conditions shall be limited to the amount not to exceed the total fees that you paid to us in the twelve (12) months prior to the action giving rise to the liability.
If a dispute arises between users of the Software, you agree to release us (and our affiliated companies and each of their respective officers, directors, employees, agents, representatives and service providers) (Software Parties) from all claims, demands, damages (actual or consequential) of any kind whatsoever arising out of or in any way connected with such dispute.
You agree to defend, indemnify and hold harmless the Software Parties from any and all losses, claims and liabilities (including legal costs) which may result from your:
You may cancel your Account and terminate these Terms and Conditions at any time by notifying us and then following the specific instructions indicated to you in our response.
Upon termination by either party for any reason we will cease providing you with our services and you will no longer be able to access your Account, or the Software.
Upon termination of these Terms and Conditions, no refunds are payable to you.
We reserve the right to modify or terminate these Terms and Conditions and/or your Account for any reason, without notice at any time. Termination of the Terms and Conditions shall be without prejudice to any rights or obligations which arose prior to the date of termination.
We have the right to cooperate fully with governmental or regulatory authorities or law enforcement in the investigation of any suspected criminal or civil wrongdoing. As permitted by applicable laws and policies, we may disclose a user's identity and contact information regarding a user's account, transactions or activities carried on the Software. We will not be liable for damages due to such disclosure, and you agree not to bring any claim against us for the disclosure.
Questions about our Terms of Service should be sent to us at:[email protected]
You can also reach us via mail: P O Box: 30479, Dubai, UAE