Terms and Conditions of Use

Welcome to QuickMenu․ QuickMenu provides software services (electronic system/platform for online services and management based on web technology) when you agree to Terms and Conditions of Use and sign the Service Agreement.

By accessing this site and/or using QuickMenu Services, you declare to have read and accepted, without any reservation, these terms and conditions of use. Please read them carefully.

The most recent date of update of these terms is October 8, 2020.

ELECTRONIC WAYS OF COMMUNICATION

You agree to receive electronic messages, such as e-mails, texts or other ways of communication from us. You accept that all contracts, agreements notifications, disclosures and other means of communication that we offer you electronically meet the legal requirement that such communications be in writing.

ACCESS

QuickMenu allows you to use its services for personal and non-commercial purposes subject to your compliance with the Terms and Conditions of Use and your payment of any relevant fees and costs. This does not involve any resale or commercial use of the content of any QuickMenu Service; any compilation and use of any listings, details or prices of any product; any derivative use of the content of any QuickMenu Service; any uploading, copying or other use of account information for the benefit of any third party. QuickMenu, manufacturers, publishers, copyright holders, or other content providers reserve and maintain all copyright not specifically given to you in these Terms and Conditions of Use.
Without QuickMenu's express written permission, no QuickMenu Service  or any part of QuickMenu Service may be replicated, duplicated, copied, sold, resold, accessed or otherwise used for any commercial reason. QuickMenu Services should not be misused by you. You are only required to use QuickMenu Services as permitted by law. This restriction involves, but is not limited to legal restrictions on alcohol consumption. You may not consume alcohol in the United States unless you are at least 21 years of age. The Agreement will be ceased/or terminated by QuickMenu if you do not comply with these Terms and Conditions of Use or any Service Terms.

YOUR ACCOUNT

You are responsible for protecting the security of your account and password and for limiting access to your computer and mobile device when you use any QuickMenu Service, and you agree to assume responsibility for any operation that takes place under your account or password. If you are under 18 years of age, QuickMenu Services can be used only with the participation of a parent or a guardian. To buy alcohol or use any alcohol-related software features, you must be at least 21 years of age. QuickMenu reserves the right, at its absolute discretion, to deny service, terminate accounts, or delete or change content.

REFUNDS AND CHARGEBACKS

QuickMenu acts as an intermediary between an end user (“Customer”) and a restaurant, café, etc. (“Client”).  All transactions made with QuickMenu are agreements between the Customer and the Client. The Customer must communicate directly with the manager or a representative of the Client if the Customer demands a refund or termination of an order. All refunds and charchebacks will be made by the Client, for which QuickMenu does not have any responsibility or obligation.

DESCRIPTIONS

QuickMenu aims to be as descriptive and accurate as possible. QuickMenu does not, however, warrant that any QuickMenu Service's food and drink descriptions or other material is accurate, complete, reliable, current, or error-free. If an item described by QuickMenu itself is not as described, you shall talk to a manager or a representative of the Client. All food and beverage prices on QuickMenu are created by the Client.

AGE & OVER SERVICE VERIFICATION

The Client's primary duty is to check the age of the Customer. The Client is also primarily responsible for ensuring that alcohol is not over-served to the Customer. QuickMenu, or its associates, shall not be held liable for any losses resulting from underage or over service from the Client. If a Customer has placed an order through QuickMenu service, and is underage, or too inebriated to receive the drink, it is the Client's responsibility to refuse the service.

DIGITAL MENUS

Clients using the contactless digital menus of QuickMenu understand and accept that processing of subscription fee payments, and Customer order payments are handled by Stripe merchant service manager and all matters related to these transactions are bound by the terms of service of Stripe. QuickMenu will not be held responsible for anything arising from the use of the digital menu service.

SERVICE TERMINATION

The Client can discontinue QuickMenu subscription anytime without any notice.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE QUICKMENU SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE QUICKMENU SERVICES ARE PROVIDED BY QUICKMENU ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. QUICKMENU MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE QUICKMENU SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE QUICKMENU SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE QUICKMENU SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, QUICKMENU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. QUICKMENU DOES NOT WARRANT THAT THE QUICKMENU SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE QUICKMENU SERVICES, QUICKMENU'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM QUICKMENU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. QUICKMENU WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY QUICKMENU SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY QUICKMENU SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES​ AND APPLICABLE LAW

Any dispute or claim relating in any way to your use of any QuickMenu Service shall be resolved through negotiations in an amicable way governed by and construed in accordance with the laws of the United States, and any such dispute or claim shall be settled exclusively in the United States courts.​ Should parties fail to arrive to an amicable agreement, the disputes shall be resolved by court through the Judicial System of the United States.

QUICKMENU SOFTWARE TERMS

You may use QuickMenu Software only for purposes of enabling you to use and enjoy the QuickMenu Services as provided by QuickMenu, and as permitted by the Terms and Conditions of Use, and any Service Terms. You may not incorporate any portion of the QuickMenu Software into your own program or compile any portion of it in combination with your own program, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute the QuickMenu Software or otherwise assign any rights to the QuickMenu Software in whole or in part. You may not use the QuickMenu Software for any illegal purpose. We may cease providing any QuickMenu Software Service and we may terminate your right to use any QuickMenu Software at any time. Your rights to use the QuickMenu Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms and Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain QuickMenu Software that are specifically identified in related documentation may apply to that QuickMenu Software (or software incorporated with the QuickMenu Software) and will govern the use of such software in the event of a conflict with these Terms and Conditions of Use. All software used in any QuickMenu Service is the property of QuickMenu.

When you use the QuickMenu Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties. ​You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with the QuickMenu Software, whether in whole or in part, or create any derivative works from or of the QuickMenu Software.

In order to keep the QuickMenu Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.