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Terms & conditions
The ServiceWhen using the Website, you may review food and dining venues' menus offered online and place an order for food and beverages. Upon completing your order online, MenuVox will review your order and acknowledge receipt with an e-mail message that will be sent to your e-mail address. Please note that MenuVox' e-mail notification does not constitute an acceptance of your order. Your order will be forward directly to the appropriate food and dining venue. The execution of your order and the charge of your credit card will be made directly by the venue that you ordered from and will be deemed as an acceptance of your order.
Our services are available only to, and may only be used by individuals who can be legally bound by contracts under the applicable law. Each user of the Website must have a valid credit or debit card and a valid e-mail address for contact purposes.
Acceptable use of the Website
Subject to these Terms you may access and use the Website, create an account and order food online.
Registration and user account
The Website serves all Internet users. However, certain services may be available to registered users only. If you wish to place an order, you will be asked to first open a user account. The registration is free of charge and it will enable you to order food online and receive information about new services available on the Website, including about discounts and special offers.
Fees and PaymentsThe current rates of the items posted on the Website are provided by the appropriate food and dining venues that prepare and deliver the food directly to you and not by MenuVox. Such venues may, at any time and in their sole discretion, change the rates and availability of any item in their menu. All fees are quoted in U.S. Dollars or UK Pounds, unless expressly stated otherwise. Any changes in fee rates will take effect immediately after being posted on the Website.
You represent and warrant that you will pay all fees and taxes in a timely manner and in compliance with each food and dining venue's fee schedule. Failing to settle your payments may prevent you from further using the Website, notwithstanding any other remedies available to MenuVox under the applicable law.
Links to other sitesThe Website may include links to content on other web sites and online services. MenuVox does not operate, or monitor these websites and services. You may find them or the information and content included therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website or service, MenuVox does not endorse, or sponsor their content, or confirm their accuracy, credibility, authenticity, validity, integrity or legality. MenuVox assumes no responsibility or liability for such third party websites or services, or for their availability.
The Website may include paid advertisements, sponsored links and commercial information (the"advertisements"). By clicking on the advertisements you may be transferred to a website of an advertiser or receive any other messages, information or offers from the advertiser and from others. MenuVox is not responsible for any of the advertisers' practices including their privacy practices, or for the content of their websites, information, messages or offers.
Intellectual PropertyThe intellectual property rights in the Website, including copyrights, trademarks, trade names, patents, trade secrets, work methods and processes, and any other right, are the sole property of MenuVox, or of third parties by whom MenuVox was licensed according to law. These rights apply, among others, to any textual and non-textual information, including menus, images, graphic design, data and its processing, the Website's computer code and any other detail concerning its operation.
You may not copy, duplicate, distribute, sell market and translate any information, including trademarks, images, pictures, texts and computer code from the Website, without receiving MenuVox' explicit prior consent in writing.
Trademarks appearing on the Website (whether registered or not), the name of MenuVox. And its trademarks as well as the Website's Domain name – are the sole property of MenuVox and of food and dining venues. You may not use them without MenuVox' or the relevant venue's prior written consent.
Changes and AvailabilityMenuVox may from time to time change the Website's structure, layout, design or display, as well as the scope and availability of the information and content therein, without giving any previous notice. Changes of this type by their very nature are likely to result in glitches or cause inconvenience of some kind. You shall not have any plea, claim or demand whatsoever against MenuVox ensuing from the introduction of aforesaid changes or from glitches or any kind of failure resulting from their introduction. The Website is depended on different factors such as software, hardware and communication networks of MenuVox, its contractors and suppliers. By their nature, these factors are not fault free or tolerant, hence MenuVox can't guarantee that the Website will not be disturbed, will be timely, secure or error free.
Termination of operationsMenuVox may at all times, in its sole discretion, terminate the operation of the Website, or any part thereof, temporarily or permanently. MenuVox may not give any notice prior to the termination of the Website. At any time, certain content or a service may be blocked, removed or deleted without maintaining any backup copy.
You agree and acknowledge that MenuVox does not assume any responsibility with respect to, or in connection with the termination of the Website's operations and loss of any data as a result.
Amendments to the TermsMenuVox may from time to time change the Terms, including any and all documents, forms and policies incorporated thereto. Substantial changes will take effect 30 days after an initial notification was posted on the Website's homepage or any other relevant web pages on the Website. Other changes will take effect 7 days after their initial posting on the Website, unless the Terms are amended to comply with legal requirements, where in such cases the amendments will become effective as required, or ordered.
You agree to be bound by any of the changes made in the Terms, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use the Website will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, then you must avoid any further use of the Website.
Disclaimer of WarrantyYOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE IS BEING PROVIDED FOR USE "AS IS", AND THEREFORE YOU WILL NOT HAVE ANY PLEA, CLAIM OR DEMAND VIS-A-VIS ORDERINGONLINE IN RESPECT OF THE WEBSITE'S PROPERTIES, ABILITIES, LIMITATIONS OR COMPATIBILITY WITH YOUR NEEDS. THE USE OF THE WEBSITE IS ACCORDINGLY BEING MADE AT YOUR SOLE AND WHOLE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
INFORMATION AVAILABLE ON THE WEBSITE, INCLUDING MENUES AND DELIVERY TERMS, ARE PROVIDED BY THE FOOD AND DINGING VENUES AND AT THEIR SOLE RESPONSIBILITY. ORDERINGONLINE DOES NOT WARRANT, AND HEREBY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE SUCH INFORMATION OR TO THE FOOD AND DINGING VENUES' QUALITY SERVICE.
ORDERINGONLINE DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE WEBSITE IS FREE FROM ALL HARMFUL COMPONENTS. USE OF INFORMATION OR CONTENT OBTAINED FROM OR THROUGH THE WEBSITE IS AT YOUR OWN RISK.
Limitation of LiabilityORDERINGONLINE, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (TOGETHER " ORDERINGONLINE' GROUP") WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE AND LOSS, COSTS, EXPENSES AND PAYMENTS, REGARDLESS OF THE ALLEGED LIABILITY OR FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, PRODUCT LIABILITY AND STRICT LIABILITY, THAT MAY RESULT FROM, OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE WEBSITE, OR FROM NEGLIGENT ACTS OR WRONGDOINGS OF FOOD AND DINING VENUES, OR FROM THE UNAVAILABILITY OF ORDERED ITEMS, OR FROM DELIVERY DELAYS, OR FROM ANY UNINTENTIONAL FAULT OR ERROR MADE BY ORDERINGONLINE' GROUP'S STAFF, OR FROM ANY FRAUDULENT ACTIVITY OR UNAUTHORIZED USE OF CREDIT AND DEBIT CARDS, OR FROM ANY COMMUNICATION WITH ORDERINGONLINE, REGARDLESS OF WHETHER ORDERINGONLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IndemnificationYou hereby agree to indemnify, defend and hold harmless MenuVox' Group at your own expense and immediately after receiving a written notice, from and against any damages, loss, costs, expenses and payments, including reasonable attorney's fees and legal expenses, resulting from any complaint, claim, or demand, arising from, or in connection with your use of the Website, or your breach of these Terms, or any other terms, rules or regulations applicable to the use of the Website, or the order, shipment and use of the Products.
Governing Law, JurisdictionThese Terms will be governed by and construed in accordance with the laws of the State of New York, U.S.A. without giving effect to any choice of law or conflict of law rules or provisions, whether Federal, or of the State of New York or of any other jurisdiction, which would result in the application of the laws of a jurisdiction other than the State of New York.
You agree to resolve any dispute or claim that you may have against MenuVox' Group and to submit to personal jurisdiction in the exclusive jurisdiction of state and federal courts in the city of New York, New York.
Contact detailsYou may contact MenuVox by email at: info (at) onlineordering.com, or by using the contact details hereunder. However, you should contact the relevant food and dining venue directly with any question that you have concerning the delivery of the order and any other matter related to the order transaction. MenuVox may publish in public, including on the Website, any communications with you, provided that your personal details will not be made public without your prior consent. All communications will be deemed as received after one business day.
MenuVox' contact details:
GeneralThe Terms and Conditions constitute the entire agreement between you and MenuVox with respect to the use of the Website and the services therein. No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by MenuVox, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by MenuVox' authorized representative.
The Terms and Conditions will take precedence over all documents, forms and policies incorporated thereto, which may conflict with these Terms, unless specifically indicated in such documents that a certain provision is determined notwithstanding any of the provisions of these Terms.
Failure on MenuVox' part to demand performance of any provision in the Terms will not constitute a waiver of any of MenuVox' rights under the Terms. The United Nations Convention on Contracts for the International Sale of Goods will not govern the Terms.
Changes in OwnershipYou hereby agree to indemnify, defend and hold harmless MenuVox' Group at your own expense and immediately after receiving a written notice, from and against any damages, loss, costs, expenses and payments, including reasonable attorney's fees and legal expenses, resulting from any complaint, claim, or demand, arising from, or in connection with your use of the Website, or your breach of these Terms, or any other terms, rules or regulations applicable to the use of the Website, or the order, shipment and use of the Products.
No AssignmentYour rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof by you will be null and void without MenuVox' prior explicit and written consent.
InterpretationThe section headings in the Terms are included for convenience only and will take no part in the interpretation, or construing of the Terms.
"including", whether capitalized or not, means without limitation.
SeverabilityIf any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision will be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms will continue to remain in full force and effect.
SurvivalThe provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification sections, will survive the termination, or expiration of the Terms.
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