1. OVERVIEW
GoMenu is operated by Gomenu Limited. The terms “GoMenu”, “we”, “us” and “our” refer to GoMenu Limited, including GoMenuPOS, GoMenu kiosk, GoMenu App, and GoMenu Table QR (“System” or “Services”). GoMenu offers this System, including all information, tools and services available from this System to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By using any of the Services, you acknowledge that you have read and understood these Terms, and that you have agreed to these Terms on behalf of any person or entity for whom you are using the Services. If you do not agree to any of these Terms, then you should not use the Services.
Any new features or tools which are added to the current System shall also be subject to the Terms of service. You can review the most current version of the Terms of service at any time on this page. We reserve the right to update, change or replace any part of these Terms of service by posting updates and/or changes to our System. It is your responsibility to check this page periodically for changes. Your continued use of or access to the System following the posting of any changes constitutes acceptance of those changes.
2. INTRODUCTION
2.1 Company details: GOMENU LIMITED is a company registered in New Zealand at 66B Mount Eden Road, Mount Eden, Auckland 1024.
2.2 Service: We offers GoMenu’s services, including mobile applications, websites, software, cloud-based solutions, hardware, and other products and services.
3. ACCESS
3.1 You may access and use the Services by paid subscription or free trial.
3.2 You will be required to register an account to access the Services. You are responsible for keeping your login detail secure and are responsible for all use and activity carried out under this account, even if such activities were not committed by you.
3.3 You must be at least at the age your country of residence defines as the least age to offer information society services.
3.4 You agree to provide true, accurate, current, and complete account information, and to maintain and promptly update your account information to ensure that it remains true, accurate, current, and complete. We will use that information to contact you from time to time, so it is important that you keep all of your contact details, and those of your Authorised Users, up to date.
3.5 You are responsible for making all arrangements necessary for you to have access to the System. You are also responsible for ensuring that all Authorised Users who access the System through your account are aware of these Terms of Service and that they comply with them.
3.6 We grants you a limited, non-exclusive, non-transferable, revocable license to access and use, and to permit its Authorised Users who access and use the Services on your behalf to access and use the Services.
3.7 While we try to ensure the online features (features that require internet connection to access) are normally available 24 hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the online features are unavailable at any time or for any period.
3.8 The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the System; any transmission is at your own risk.
4 CANCELLATION AND TERMINATION OF ACCOUNT
4.1 You agree that we can cancel, suspend, or terminate your account for any reason at any time. Such termination will be effective at the end of your then-current paid-up subscription period. We may also cancel, suspend, or terminate your account immediately if, in our sole discretion:
4.1.1 you have committed a material or persistent breach of these Terms or any other terms applying to your use of the Services;
4.1.2 we consider that provision of the Services, or use of them, in your territory or jurisdiction will or is likely to breach any applicable law;
4.1.3 we decide to withdraw the Services from your territory or jurisdiction altogether; or
4.1.4 you fail to comply with any limits or restrictions applicable to your plan;
4.1.5 your use of the account is creating a security or availability risk for GoMenu Limited or our other users, is impacting or may impact the stability or performance of our Systems, or is requiring disproportionate resource to deliver.
4.2 You can cancel your account at any time. If you cancel your account before the end of your current paid up week, month, or year, your cancellation will take effect immediately and you will not be entitled to any refund of Fees paid in advance, unless we agree otherwise.
4.3 You agree that we are not liable for any loss or damage following, or as a result of, cancellation, suspend, or terminate of your account, and it is your responsibility to ensure that any content or data which you require is exported, back-up or replicated before cancellation.
5. PAYMENT AND FEES
5.1 GoMenu’s Services include both Paid Services (“Subscription Service”) and free Services, for which no fees are charged. We offer certain Paid Services to be paid for on a subscription basis. Fees are charged in advance on a weekly, monthly, or annual basis and are non-refundable, including if you only use part of a week, month, or year’s subscription for the Services.
5.2 Late payments may result in account suspension.
5.3 Unless otherwise provided in a Subscription Service’s terms, Subscription Fees will be charged on the first of every month until cancelled.
5.4 Payment of your Subscription Fees could incur additional bank fees at the discretion of your bank. Bank fees may be charged for currency conversion and international settlement. GoMenu is not liable for any additional bank transaction fees that may be charged.
5.5 GoMenu reserve the right to update, discount, amend and increase prices for Subscription Service, and the period of Free Services from time to time to existing and new services at our own discretion with or without notice.
5.6 Unless otherwise stated, all Paid Services Fees are exclusive of any Taxes. You are responsible and liable for determining any and all Taxes required to be assessed, incurred, collected, paid or withheld for your use of the Services.
6. LICENCE
6.1 We grant you a limited, non-exclusive, non-transferable, and revocable licence to access and use the System only as expressly permitted in these Terms of Service. You shall not use the System for any illegal purpose or in any manner inconsistent with these Terms of Service.
6.2 Unless otherwise stated, the copyright and other intellectual property rights in the System are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of the System Content in whole or in part except as expressly authorized by us.
6.3 Any rights not expressly granted in these Terms of Service are reserved.
7. DISCLAIMERS
7.1 The use of the Services is carried out at your own risk. The Services are provided “as is” and “as available”. We do not guarantee, represent or warrant that:
7.1.1 your use of our services will be uninterrupted, timely, secure or error-free;
7.1.2 the Services will meet all your requirements;
7.1.3 the results that may be obtained from using services, will be accurate or reliable.
7.2 We may add, update, or remove features of the Services from time to time. You may need to install a new or updated version before you can receive the benefit of those changes. We may also decide to cease providing all or some of the Services at any time, and nothing in these Terms is to be taken as a guarantee that the any Services will always be available, either in its current form or at all, or that we will support, maintain or continue to offer the Services or any version of them.
8. Liability
8.1 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Terms affects your statutory rights, including right relating to the consumer guarantees applicable to the supply of services under these Terms.
8.2 Subject to clause 9.1, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Services (including the use, inability to use or the results of use of the Services) for:
8.2.1 any loss of profits, sales, business, or revenue;
8.2.2 loss or corruption of data, information or software;
8.2.3 loss of business opportunity;
8.2.4 loss of anticipated savings;
8.2.5 loss of goodwill; or
8.2.6 or any loss not arising naturally or not arising according to the usual course of things from the relevant breach or acts or omissions.
8.3 You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the System, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
8.4 You agree to indemnify and hold GoMenu and applicable affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis, made by any third party due to or arising out of your breach of these Terms or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
9. Force Majeure
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by Force Majeure.
9.2. A Force Majeure includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
9.2.1. strikes, lock-outs or other industrial action;
9.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
9.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
9.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
9.2.5. impossibility of the use of public or private telecommunications networks; and
9.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
9.3. Our performance under these Terms is deemed to be suspended for the period that any Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure.
10. ADDITIONAL TERMS
10.1 We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is incorporated into these Terms by this reference
10.2 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
10.3 These Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
10.4 Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of your or our rights or remedies.
10.5 You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
10.6 The headings in these Terms are included for convenience only and shall not affect their interpretation.
10.7 Certain third-party software or hardware is required in order for you to receive certain parts of the Services. We shall have no responsibility or liability in respect of any malfunctions or delays caused by third-party software or hardware.
11. GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.