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User terms and conditions

MENU.UA USER AGREEMENT

 


 

This User Agreement (hereinafter referred to as "the Agreement") governs relationships regarding acceptance of orders, sales of products and ensuring delivery thereof.

The Agreement is a public electronic contract and is concluded for an indefinite period.

MENU.UA operates within the limits set on the Service.

The purpose of MENU.UA Service is providing services on orders accepting, goods realization, organization of its delivery to the user on behalf of the partners using the Service as well as on orders payment on behalf and at the expense of the user.

Each partner of the service carries out his/her activity within the territory of his/her location and within his/her working time.

 

1. Definitions of concepts

 

Products are public catering products or other goods subjected to realization by the Partner and delivered to the User by the Delivery Service on the terms specified in this Agreement.

MENU.UA is a Limited liability company "INTERNET PROJECTS UKRAINE" (Identification code 43137727, location: 21H Dehtiarivska Street, Kyiv, 04119), which is entitled to post the Products sale offers on www.menu.ua website as well as AppStore and PlayMarket mobile applications with a view of its Ordering and Delivery to Users on behalf and at the expense of the Partners.

Delivery Service means delivery experts or business entities Delivering the Order to the User.

Service is a platform, located at the address www.menu.ua in the Internet and in mobile applications at AppStore and PlayMarket, which provides the Users with ample opportunities to carry out quick and easy search, real time Order and Delivery of Products via the Internet.

Personal account is a set of information about the User and his/her Orders on the Service.

User is an individual who has reached the age of 18, has full civil and legal capacity and is a registered user of the Service.

Partners are business entities placing information about Products on the Service for the purpose of its realization to the User.

Delivery is a service of Products delivery by the Delivery Service. Ordering thereof is carried out by the User using the Service.

Order is Products and Delivery ordering by the User using the Service.

Promo code is a sequence of characters, activation of which when Ordering Products provides the User with a discount for Products.

 

2. Objective

 

MENU.UA provides services of orders accepting in the name, on behalf and at the expense of the Partners, and enters into an agreement for the Products sale to the User.

MENU.UA provides the User with the service to arrange the Delivery of the ordered Products (including via the Delivery Service).

The User agrees to assign MENU.UA to transfer the payment of the cost of Products to the Partner. This assignment is provided by the User of MENU.UA with the right of reassignment.

MENU.UA is not a Products seller and not a contractor for the Products preparation including in terms of the law of Ukraine "On Protection of Consumers' Rights".

MENU.UA is not responsible for the availability, quantity, composition, and quality of the Products.

Any complaints regarding the availability, quality, quantity and composition of the Products, as well as other conditions for the Products sale, should be sent to the Partner.

 

3. Using the Service

 

To place the Order, the User should sign up at the Service.

The User accepts the terms of this Agreement from the moment of signing up at the Service. If the User disagrees with the terms of this Agreement, the User has no right to use the Service.

Signing up at the Service, the User is obliged to provide accurate, complete and up-to-date information regarding his/her name, e-mail, contact phone number, the Order delivery address.

The User is entitled to additionally specify his/her personal payment information, date of birth, gender information on the Service.

Signing up at the Service, the User agrees to receive commercials from MENU.UA.

The User understands that the Service and certain elements of the Service, such as photos of the Products and designations, including commercial designations and trademarks of the Partners, are protected by intellectual property rights.

The User undertakes to refrain from any violation of intellectual property rights posted on the Service.

The User has the right to refuse to receive commercials.

The User is responsible for safety and security of confidentiality of access to the personal account on the Service.

MENU.UA has the right to refuse to sign up the User and/or to suspend the User's access to the Service.

 

4. Products ordering procedure

 

Essential terms of Ordering, cost of Products and its Delivery are available on the Service.

Products ordering by the User is possible only in case of availability thereof at the Partner's. If the Products ordered by the User is not available at the Partner's, the Partner has the right to offer the User other Products.

When making the Order, the User is obliged to provide the Service with accurate information regarding the delivery address, phone number, quantity of the Products.

If the User is allergic to any ingredients, he/she is obliged to notify the Service thereof no later than 10 minutes after making the Order.

The Order is made personally by the User on the Service. After confirmation of the Order by the User, information about its status is placed in the Personal account. Order confirmation can be made in the Personal account or by phone or e-mail. If the Order is confirmed by telephone, the conversation with the User can be recorded.

The User agrees that MENU.UA provides services on an "as is" basis and is not responsible for the availability, quantity, composition, quality of the Products and any delays and obstacles in payment systems functioning.

The User is aware that the Products images on the Service have an artistic styling, and therefore may differ from real visual appearance of the Products.

 

5. Order lead time

 

The time of the Order acceptance by the Partner and the User's Order lead time is determined in the Personal account with allowance for the number of the Partner orders, Delivery Service workload and distance from the Partner to the User.

Information regarding the User's Order lead time, defined on the Service, is indicative and may not take into account certain circumstances, in particular those connected with traffic jams, weather conditions etc.

 

6. Canceling the Order

 

The User has the right to cancel the Products Order no later than 10 minutes after making the Order on the Service.

In case of the Products Order cancellation by the User later than within a set period, the User is obliged to pay the cost of the Product and the Delivery service. In such a case, the cost of Products and Delivery is not returned to the User.

MENU.UA and Partner have the right to cancel the Order without the consent of the User. If MENU.UA or Partner cancels the Order, the paid cost of the Order and Delivery will be returned to the User within 3 banking days from the date of the Order cancellation.

 

7. Receipt of the Order

 

The User is obliged to be at the specified delivery address, as well as to ensure delivery acceptance and payment.

The Products Order is considered to be executed from the moment of its transfer by Delivery Service to the User or his/her representative.

Delivery Service is obliged to give the User a receipt slip, sales or cashier's receipt or other document on the cost of Products, together with the Order. The User receives an electronic receipt for Delivery in the Personal account and/or by e-mail.

In the absence of the User at the delivery address for longer than 10 minutes after the Delivery Service arrival, impossibility of hand delivery of Products to the User due to his/her fault, the User's rejection of the Products (with the exception of rejection of the Products of inadequate quality in the manner prescribed by the Agreement), the User is obliged to pay the cost of the Product and the Delivery service. In such a case, the paid cost of the Products and the Delivery service is not returned to the User.

If the User finds that the delivered Products are of inadequate quality or fail to meet quantity and composition of the Products ordered in the Service, he/she shall file a complaint with photos and/or video of the delivered Products to MENU.UA immediately after the Products acceptance by means of sending an e-mail to the address indicated on www.menu.ua website or by phone.

In case of the User's complaint satisfaction by MENU.UA, return of funds shall be done within 10 banking days in the form the payment was made, unless otherwise provided by an agreement between MENU.UA or the Partner and the User.

MENU.UA is entitled to refuse the Order execution to the User, who previously refused and/or canceled the Order, if the selected payment method is "upon receipt of the ordered Products".

 

8. Payment

 

The cost of Products and Delivery is determined on the Service. All taxes included.

The Partner and MENU.UA have the right to unilaterally change the cost of Products and Delivery. The Partner and MENU.UA havo no right to change the cost of Products and Delivery on the Orders accepted for execution, except if there is an obvious error regarding the cost of Products on the Service.

Products and Delivery payment methods:

  • Cash-free payment with bank card Visa, MasterCard at making an Order.
  • Cash or cash-free payment via POS-terminal at the ordered Products receipt.

In case of payment via bank card, payment information of the User is processed by a payment infrastructure service provider. MENU.UA, the Partner, the Delivery Service do not carry out any form of payment information of the User processing.

The User has the right to attach his/her bank card to the Personal account. MENU.UA has the right to request the confirmation of information on the bank card ownership by the User.

The User shall pay for the Products and the Order Delivery to the account of MENU.UA.

The User agrees to assign MENU.UA to transfer the payment of the cost of Products to the Partner.

 

9. Responsibility of the parties

 

The User agrees that MENU.UA is not responsible for:

  • accuracy of the information provided by the User, in particular regarding the delivery address;
  • obstacles and delays in the payment infrastructure service providers activity;
  • saving information on the Service, which was provided and/or used by the Users;
  • operating speed and/or any other failures in the Service operation;
  • any losses caused by the Service operation.

MENU.UA is responsible to the User within the cost of the ordered Products and Delivery.

The User is obliged to compensate damages incurred by MENU.UA, the Partner and/or the Service, due to the Products Delivery using inadequate information provided by the User.

 

10. Promo codes using

 

Promo code is not a means of payment.

The User has the right to use Promo code only on condition of payment when making an Order.

Each Promo code is limited in duration. MENU.UA has the right to change the Promo code period of validity without the consent and notification of the User.

The User is obliged to independently request information about the Promo code validity on the Service.

Promo code cannot be used to pay for the Products Delivery unless otherwise stated in MENU.UA ad and/or on the Service.

When making one Order, the User can use only one Promo code.

Promo code cannot be used in conjunction with any other promotional and/or special offers from MENU.UA.

Promo code cannot be used by the User who previously refused and/or canceled the Order.

Each Promo code can be only once used by the User.

In case of detection of signs of the User's and/or other persons' enrichment on Promo codes, MENU.UA has the right to cancel the Promo code validity.

 

11. Introduction of modifications

 

Agreement may be unilaterally amended and/or supplemented by MENU.UA. The new version of the Agreement shall enter into force upon its posting on website www.menu.ua, unless otherwise provided by the new version of the Agreement.

Continued use of the Service by the User after amendments and/or additions to the Agreement is considered to be an acceptance of the new version of the Agreement.

In case of disagreement with the new version of the Agreement, the User is obliged to immediately stop using the Service.

 

12. Final provisions

 

All legal relations arising in connection with the implementation of the terms of the Agreement are regulated by the provisions of the current legislation of Ukraine.

The parties undertake to apply their best efforts to ensure that disputes regarding the implementation or interpretation of the Agreement are resolved by means of negotiations.

All disputes arising from the Agreement shall be considered by the courts of Ukraine.



We highly appreciate high quality standards of the Products offered by the Partners on the Service. If you have any complaints or comments about the Products of the Partners, please send them to the e-mail address [email protected]. We will apply our best efforts to resolve the dispute between you and the Partners.

We highly appreciate high Delivery standards provided to the User by the Delivery Service. If you have any complaints or comments about the Delivery, please send them to the e-mail address [email protected]. We will apply our best efforts to resolve the dispute between you and the Delivery Service.


Agreement revised 01/09/2019.

 

 

CONFIDENTIALITY POLICY MENU.UA 

 


 

Confidentiality policy (hereinafter referred to as "the Policy") regulates the purpose, procedure and term of user data processing, including personal data, as well as procedure for accessing them.

 

1. Definitions of concepts

 

Personal data – information or a set of information about an individual who is identified or can be specifically identified.

User is an individual who has reached the age of 18, has full civil and legal capacity and is a registered user of the Service.

The Users' Personal data owner is a Limited liability company "INTERNET PROJECTS UKRAINE" (Identification code 43137727, location: 21H Dehtiarivska Street, Kyiv, 04119).

Service is a platform, located at the address www.menu.ua and in mobile applications at AppStore and PlayMarket, which provides the Users with ample opportunities to carry out quick and easy search, real time Order and Delivery of Products via the Internet.

Third parties are business entities placing information about products on the Service for the purpose of its implementation to the User; delivery experts or business entities Delivering Products to the User; related and/or affiliated with the Owner of the entity.

Delivery is a service of Products delivery. Ordering thereof is carried out by the User using the Service.

Order is Products and Delivery ordering by the User using the Service.

Products are public catering products or other goods subjected to realization by the Partner and delivered to the User by the Delivery Service.

 

2. Personal data processing procedure

 

Personal data processing is carried out in accordance with the Law of Ukraine "On Personal Data Protection" (hereinafter referred to as "the Law").

The user accepts the terms of this Policy from the moment of signing up at the Service and gives consent to the Owner to process Personal data and transfer Personal data to Third parties, including other data about the User. If the User disagrees with the terms of this Policy, the User has no right to use the Service.

Signing up at the Service, the User confirms that he has read the Policy, understands its content, agrees with its terms, and knows his/her rights provided under the Law, particularly in article 8.

The Personal data owner collects the User's data in the following volume:

  • Name;
  • E-mail address;
  • Information on the Order;
  • Order Delivery address;
  • Phone number.

Processing of the above data is carried out by the Owner and Third parties for the purpose and with the object of:

  • Order execution;
  • Products Delivery;
  • sending commercials and promo codes to the User;
  • User surveys carrying out;
  • implementation of customer support for the User;
  • promotional activities carrying out;
  •  prize drawing among the users;
  • customer satisfaction level control;
  • verification, research and analysis of the specified data.

At the free will of the User, the Personal data owner may collect data on:

  • Personal payment information;
  • Date of birth;
  • Gender information.

Processing of the above data is carried out by the Owner in order to simplify the payment system and provide personal recommendations and/or special offers to the User.

User data processing is carried out when signing up at the Service, making the Order and paying for the Order via bank card attached to the Personal account of the User on the Service.

In case of payment via bank card, which is not attached to the Personal account of the User on the Service, payment information is processed by a payment infrastructure service provider. The Owner and Third parties do not carry out any form of payment information of the User processing.

The Owner has the right to transfer the User's Personal data to Third parties for the purposes specified in the Policy, without additional notification to the User.

Under the terms of agreements with the Owner, Third parties are obliged not to disclose the User's Personal data and implement all necessary organizational and technical measures to protect them.

User's data processing is carried out during the period of the User signing up at the Service and after removal of the User from the Service within the limitation period established by legislation.

 

3. Cookie

 

Cookie is a text file or files containing information collected by the web-browser and stored on the User's device permanently (until deleted by the User) or temporarily (until the web-browser is closed).

Cookies identify not a specific User, but the device used by the User. Information about the User received by the Owner via Cookie is not transmitted to any other person and is used only to record the Service attendance statistics. The User can change Cookie collection settings and/or delete all collected Cookies in the web-browser settings.

 

4. Introduction of modifications

 

The Policy may be unilaterally amended and supplemented by the Owner. The new version of the Policy shall enter into force upon its posting on website www.menu.ua, unless otherwise provided by the new version of the Policy.

Continued use of the Service by the User after amendments and/or additions to the Policy is considered to be an acceptance of the new version of the Policy.

In case of disagreement with the new version of the Policy, the User is obliged to immediately stop using the Service.


Policy revised 01/09/2019

 

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