LASt updated February 11, 2020
Thank you for choosing Menufy!
PLEASE BE AWARE THE SECTION BELOW TITLED “DISPUTE RESOLUTION” CONTAINS PROVISIONS GOVERNING HOW CLAIMS YOU MAY HAVE AGAINST MENUFY ARE RESOLVED. IT CONTAINS AN ARBITRATION PROVISION AND A WAIVER PERMITTING YOU TO ONLY PURSUE CLAIMS AND SEEK RELIEF AGAINST MENUFY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. BY AGREEING TO THESE TERMS, YOU AGREE TO THE PROVISIONS OF THE DISPUTE RESOLUTIONS SECTION. PLEASE READ IT.
1. ABOUT MENUFY
2. USING MENUFY’S SITE
Menufy connects customers with local restaurants through the Site. You may access the restaurants’ menus and offerings, and place orders as a Guest or through your social media account(s). We collect certain information from you when you place an order through the Site, including, but not limited to, your name, address, phone number, email address, or payment information. Additionally, if you login through your social media account(s), you understand that content that you have provided to and stored in your social media account may become available to us and consent to us having this information. By placing an order through the Site, you consent to us collecting your personal information and keeping it for as long as we deem necessary. You agree that the information you provide is true, accurate, and up-to-date, including all payment information.
You pay for order(s) placed through the Site. When you place an order, you agree that we may immediately charge your credit card, Google Pay, Apple Pay, Venmo, PayPal, Bitcoin, or other financial account. You agree that all information you submit when you place an order will be true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend, terminate, or refuse current or future use of the Site.
All payments are non-refundable and final, unless we determine, in our sole discretion, an error was made in your order due to no fault of your own. If we determine an error was made, we may issue a refund or a Menufy credit. If you have any questions regarding charges relating to your order, please contact us at [email protected]. If you are a California resident, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.
4. MENUFY’S INTELLECTUAL PROPERTY
5. YOUR OBLIGATIONS
By using our Site, you agree:
You will not use the Site for any fraudulent purpose;
You will not engage in criminal or tortious activity while using the Site;
You will comply will all applicable laws while using the Site;
You will not use the Site if you are under 13 years old;
You will not use any automated means, data scraping, extraction, or other systematic data retrieval from the Site;
You will not make any unauthorized use of the Site;
You will not circumvent, disable, or otherwise interfere with the security of the Site;
You will not deep-link or frame the Site;
You will not interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
You will not use the Site to purchase alcohol if under the age of 21;
You will not use the Site to compete with us;
You will not harass, annoy, intimidate, or threaten any of our employees or agents in connection with using the Site or services provided;
You will not make false or misleading statements about the Site or our services.
6. COMMUNICATIONS WITH MENUFY
You are also encouraged to contact us with any questions or feedback. Please do not send us any confidential information. If you contact us, you grant us a royalty-free, irrevocable, non-exclusive license to use any information you send us, whether feedback, questions, or other communication, for any purpose whatsoever, without contribution or compensation to you, that is not protected under intellectual property law or otherwise protected.
7. REVIEWS AND RATINGS
8. TERMS FOR MOBILE APPLICATION USE
9. EXTERNAL WEBSITES
11. DIGITAL MILLENNIUM COPYRIGHT ACT
Menufy respects the intellectual property rights of others. If you believe your copyrighted work has been copied or available on the Site, please immediately notify our Designated Copyright Agent at: Menufy, Attn: Copyright Agent, 6800 College Boulevard, Suite 501, Leawood, KS 66211. Please include the following information required by the Digital Millennium Copyright Act:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site;
(3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
(5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
Please note it is against federal law to knowingly misrepresent that materials infringe on the rights of others, and doing so may subject you to criminal prosecution, monetary damages, and attorneys’ fees.
13. DISPUTE RESOLUTION
A) Binding Arbitration and Jury Waiver
If a dispute arises between You and Menufy relating to your use of the Site, you agree that all claims will be resolved through binding arbitration governed by the Federal Arbitration Act (“FAA”). BY AGREEING TO ARBITRATION, YOU DO NOT HAVE THE RIGHT TO LITIGATE YOUR CLAIM(S) IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitrator’s fees and the costs will be shared equally by the parties, unless prohibited by law. Parties are responsible for their own attorneys’ fees. The arbitration proceeding will take place in Overland Park, Kansas, unless otherwise agreed. A Kansas court of competent jurisdiction will have the authority to enter judgment on the arbitrator’s decision and award. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Notwithstanding the foregoing, each party retains the right to seek injunctive relief relating to intellectual property rights in a Kansas court of competent jurisdiction. If this provision is found to be illegal or unenforceable, then neither you or Menufy will elect to arbitrate any claim. Instead, claims shall be decided by a Johnson County, Kansas court of competent jurisdiction, and you agree to submit to the personal jurisdiction of that court.
B) Class Action Waiver
You acknowledge and agree that any claim or dispute in any arbitration or proceeding shall be brought on an individual basis only, and not as a class action or collective action, and there is no right or authority for any dispute or claim to be brought in a purported representative capacity on behalf of the general public or any other persons. Regardless of anything herein, the interpretation, applicability or enforceability of the Class Action Waiver may only be determined by a court and not an arbitrator.
15. LIMITATIONS OF LIABILITY
Governing Law. Except for the Arbitration Agreement, which is governed by the FAA, the Agreement will be governed by Kansas law, without regard to conflict of law principles.
18. CONTACT US
If you have any questions, comments, feedback, or complaints regarding the use of our Site or our services, please contact us at:
6800 College Boulevard, Suite 501
Leawood, KS 66211