MenuBlender - terms

Terms & Privacy


        By accessing, downloading, copying, and/or using the MenuBlender website and/or Android/IOS app, you agree to these Terms and Conditions for Users. These Terms and Conditions for Users create a legally binding agreement between you (the User) and MenuBlender.


        1 INTRODUCTION
    
    On MenuBlender’s you can: (1) search and view Meals of various restaurants, (2) purchase one of the offered meal plans, (3) select the Meal and date & time desired for consuming the Meal, (4) invite / refer other people to MenuBlender and benefit from it depending on the type of the referral program, (5) eat out or collect the Meal in take-away form at the selected restaurant, date & time.
    
        1 DEFINITIONS
    
    The following definitions shall apply to these Terms and Conditions for Users.
    
            1.1 Terms and Conditions for Users
    The “Terms and Conditions for Users” refers to these terms and conditions that create a legally binding agreement between you (the User) and MenuBlender.
    
            1.2 MenuBlender
    “MenuBlender” refers to the company:
    MenuBlender Netherlands B.V., operating under the name “MenuBlender”.
    Chamber of Commerce Number (KvK number): 70703299
    Witte de Withstraat 82A 1A, 3012BT, Rotterdam, The Netherlands.
    
            1.3 Platform
    The “Platform” refers to the MenuBlender website and/or Android/IOS app.
    
            1.4 Meal
    The “Meal” refers to any food and/or drinks for sale on the MenuBlender website and/or Android/IOS app.
    
            1.5 User
    The “User” refers to anyone who makes use of the MenuBlender website and/or Android/IOS app.
    
            1.6 Vendor
    The “Vendor” refers to the legal entity of the restaurant, bar, café or more generally, any location which is selling their food and/or drinks via the MenuBlender website and/or Android/IOS app.
    
            1.7 Venue
    The “Venue” refers to any restaurant, bar, café or more generally, any location which is selling their food and/or drinks via the MenuBlender website and/or Android/IOS app.
    
            1.8 Service
    The “Service” refers to the commercial services and/or activities that are offered by MenuBlender to the User.
    
            1.9 Order
    The “Order” refers to the booking of the food and/or drinks listed on the MenuBlender website and/or Android/IOS app.
    
            1.10 Meal Plan
    The MenuBlender offers various types of meal plans, each of them enables to book limited amount of meals within a certain amount of time. The user is able to book maximum one meal per day, 4 hours in advance meal collection/consumption.  
    
            1.11 Device
    The “Device” refers to the computer, phone, tablet, or any medium used to access the MenuBlender website and/or Android/IOS app.
    
            1.12 Payment Service Provider
    The “Payment Service Provider” refers to a third party that facilitates the MenuBlender in the accepting of payments from Users.
    
            1.13 Privacy Policy
    The “Privacy Policy” refers to MenuBlender’s Privacy Policy which can be found on MenuBlender’s website.
    
        2 GENERAL TERMS
    
            2.1 Applicability of the Terms and Conditions for Users
    The present Terms and Conditions for Users are only applicable to the Service offered by MenuBlender to the User. MenuBlender is not responsible for the quality of the Meal or the performance of the Vendor/Venue. It may be possible that the restaurant’s terms and conditions are also applicable to the User. By placing an Order, the User directly concludes an agreement with the restaurant.
    
            2.2 User’s Obligations
    If MenuBlender fails to insist that the User must respect their obligations under these Terms and Conditions for Users, or if it does not enforce its rights against the User, or if it delays in doing so, that will not mean that it has waived its rights against the User, and will not mean that the User does not have to comply with those obligations.
    
            2.3 Modifications to the Terms and Conditions for Users
    MenuBlender reserves the right to delete, add, or change these Terms and Conditions for Users at any time at its sole discretion without any prior notice. As such, the User should revisit these Terms and Conditions for Users on a regular basis, as revised versions will be binding on the User. Any such modification(s) will be effective upon the posting of new Terms and Conditions for Users. The User understands and agrees that continued access to or use of MenuBlender’s Platform, after the effective date of modification(s) to the Terms and Conditions for Users indicates the User’s acceptance of the modification(s).
    
            2.4 Limitation of Liability
    Except as expressly specified in these Terms and Conditions for Users, in no event shall MenuBlender and/or MenuBlender’s owners, directors, employees, freelancers, etc. be liable for any injuries, losses, claims, or direct damages or any special, exemplary, punitive, incidental, or consequential damages of any kind, whether based in contract, tort, or otherwise, and even if advised of the possibility of such damages, which arise out of or are any way connected with (1) this agreement (including any changes thereto), (2) any use MenuBlender’s Platform, Service provided by MenuBlender, the MenuBlender content, (3) any failure or delay (including, but not limited to, the use or inability to use any component of any of the Service), or (4) the User’s visit to any Venue or the performance, non-performance, conduct, or policies of any Venue or Vendor or User in connection with MenuBlender’s Service.
    
            2.5 Availability of the Platform
    MenuBlender will make every effort to ensure the Platform is operational 24 hours a day, 7 days a week. However, MenuBlender cannot guarantee that the Platform will be available, or work without flaws at all times. Suspension of the operation of the MenuBlender Platform for whatever reason, does not affect the obligation of the User to pay any outstanding amounts due.
    
            2.6 Jurisdiction and Applicable Law
    All disputes arising out of, relating to or connected with these Terms and Conditions for Users, or the User’s use of any part MenuBlender’s Platform, shall be referred to and finally resolved under the rules of Dutch Law, and the court in Rotterdam shall have exclusive jurisdiction.
    
    
    
        3 TERMS FOR SIGNING-UP
    
            3.1 Validity of Personal Information
    When signing-up to MenuBlender’s Platform, the User must ensure to register valid personal information. MenuBlender reserves the right to take corrective action (including but not limited to suspending or terminating Service and/or deleting accounts) in the event the User’s personal details are discovered to be incorrect.
    
            3.2 Minimum User Age
    To sign-up and use MenuBlender’s Platform, the User must be over the age of eighteen (18). MenuBlender reserves the right to take corrective action (including but not limited to suspending or terminating Service and/or deleting accounts) in the event the User age is less than eighteen (18).
    
            3.3 Signing-Up Via Facebook and/or Google
    Users can import the sign-up information from social networking accounts on Facebook and/or Google. Users consent to the use of their personal information, including profile photographs, etc. if they follow this course of action.
    
            3.4 Confidentiality of the Account Password
    The responsibility of maintaining the confidentiality of the User’s account password, and all activities related to the User’s account is solely under the User’s discretion. By using MenuBlender’s Platform, the User agrees to notify MenuBlender immediately of any unauthorized use of their account or any other breach of security. MenuBlender will not be held responsible for any damage or loss that may incur, in any unauthorized or authorized use of the User’s account, either with or without MenuBlender’s knowledge. In addition, the User may be held liable for any losses incurred by MenuBlender or another party due to someone else using the User’s account.
    
            3.5 Number of User Accounts
    Each User is permitted to only have one MenuBlender account at any time. MenuBlender does not allow Users to have multiple accounts for the same individual. Attempting to and/or establishing multiple accounts for the same User (even if such accounts are registered with different profiles, emails, phone numbers, payment methods, etc.) violates these Terms and Conditions for Users. MenuBlender reserves the right to take corrective action (including but not limited to suspending or terminating service and/or deleting accounts) in the event the User attempts to and/or establish multiple accounts.
    
    
        4 TERMS WHEN USING THE PLATFORM
    
            4.1 Search Results
    MenuBlender publishes the Meal(s) on behalf of the Vendors on the Platform, in accordance with the information supplied by the Vendors. MenuBlender shall not accept any responsibility or liability for the content, accuracy and/or reliability of this information.
    
            4.2 Photos of the Meals
    The photos of the Meals published on MenuBlender’s Platform are for indication only, and may be not representative of the Meal advertised. MenuBlender will not accept any responsibility or liability for any discrepancies between the Meal’s photos and the corresponding Meal served.
    
            4.3 Photos of the Venue
    The photos of the Venue published on MenuBlender’s Platform are for indication only, and may be not representative of the Venue. MenuBlender will not accept any responsibility or liability for any discrepancies between the Venue’s photos and the Venue.
    
            4.4 Vendor Rating System
    The Vendor’s ratings published on MenuBlender’s Platform are imported from Google. MenuBlender will not accept any responsibility or liability for any ratings which are deemed not representative of the Venue or Vendor’s food, drinks and/or service.
    
            4.5 Meal Description
    The description of the Meals published on MenuBlender’s Platform is for indication only, and may be not representative of the Meal advertised. MenuBlender will not accept any responsibility or liability for any discrepancies between the Meal’s description and the corresponding Meal served.
    
            4.6 Distance from the Venue
    The distance of the Venue published on MenuBlender’s Platform is for indication only, and may be inaccurate, based on the precision of the location services. MenuBlender will not accept any responsibility or liability for any inaccurate distance shown.
    
            4.7 Soft Drinks
    Via MenuBlender’s Platform, the User is able to sometimes book ‘meal + soft-drink’ offers. This offer will be for a general soft-drink, and the User is not able to select the specific type of soft-drink via MenuBlender’s Platform. The User can choose the soft-drink at the Venue, from the options offered by the Vendor. When choosing offers including soft-drink, the User acknowledges that he/she will only know what options of soft-drinks are available, once he/she arrives at the Venue. Each Vendor has the right to decide what the available options are. MenuBlender will not accept any responsibility or liability related to the options of soft-drinks offered by the Vendors.
    
            4.8 Payment Service Provider
    MenuBlender currently uses Stripe as the Payment Service Provider to collect payments from Users when the meal plans are purchased. MenuBlender reserves the right to change its Payment Service Provider anytime at its discretion. By accessing, downloading, copying, and/or using the MenuBlender Platform, the User also agrees to Stripe’s terms and conditions and personal data privacy policy (for these refer to Stripe’s website).
    
            4.9 Refunds
    Once a User has paid for a Meal Plan, he/she will not be entitled to a refund. MenuBlender will not process any refunds. 
    
            4.10 Eating Out Option – Arrival at the Venue
    When selecting the eating out option on MenuBlender’s Platform, the User, when placing an Order, commits to arrive at the booked date and time at the Venue, or maximum 15 minutes after the booked time. If the User arrives later than 15 minutes after the booked date and time, the Vendor does not have an obligation to provide a seat/table at the Venue to the User. At their own discretion, the Vendor may provide the Meal in a take-away form to the User, but the Vendor will not guarantee that the Meal will be warm. If the User arrives earlier than the booked time, the Vendor has no obligation to seat the User and serve the Meal before the booked time.
    
            4.11 Takeaway Option – Arrival at the Venue
    When selecting the takeaway option on MenuBlender’s Platform, the User, when placing an Order, commits to arrive at the booked date and time at the Venue, or maximum 15 minutes after the booked time. If the User arrives later than 15 minutes after the booked date and time, the Vendor will not guarantee that the Meal will be warm. If the User arrives earlier than the booked time, the Vendor has no obligation to provide the Meal before the booked time.
    
            4.12 Eating Out Option – Table at the Venue
    The Vendor will do their upmost best to provide a seat and table after the timely arrival of the User. Nonetheless, the Vendor has no obligation to do so if the Venue is already full. If the Vendor is unable to provide a seat and table after the timely arrival of the User, the matter will be dealt by the User directly with the Vendor.
    
            4.13 Showing the Confirmation Number
    Upon arrival at the Venue, it is the User’s responsibility to be able to show the confirmation number. If the User is unable to show the confirmation number for whatever reason, the Vendor has no obligation to seat the User in the Venue and serve any food and/or drinks to the User. Also, if the confirmation number does not match the confirmation number sent by MenuBlender to the Vendor, the Vendor has no obligation to seat the User in the Venue and serve any food and/or drinks to the User.
    
            4.14 Usage of the Confirmation Number
    It is an infringement of these Terms and Conditions for Users to use one confirmation number multiple times.
    
            4.15 Eating Out Option – Arrival of Meal at the Table
    When selecting the eating out option on MenuBlender’s Platform, after arrival of the User at the Venue, MenuBlender or the Vendor do not guarantee that the Meal will be served faster than what is deemed reasonable in a normal restaurant.
    
            4.16 Venue’s Products and Services
    MenuBlender acts solely as an intermediary, and is not liable for any defects with the food and/or drinks of the Vendor (e.g. restaurant non-compliance with local legislation, poor quality of food, bad service, etc.). MenuBlender is also not liable if the Vendor does not seat the User and does not serve the ordered Meal.
    
            4.17 Order Accuracy
    It is the User's responsibility to ensure that the Meal reflects the Order made on MenuBlender’s Platform. MenuBlender is not responsible for ensuring the accuracy of the Order. Any queries or issues with the Order should be directed to the Venue.
    
            4.18 Additional Purchases
    The booking made through MenuBlender is solely for the food and/or drinks purchased through MenuBlender’s Platform. Any additional food and/or drinks consumed at the Venue will have to be paid in person by the User to the Vendor. These will be transaction(s) solely between the User and the Vendor, in which MenuBlender does not play any role.
    
            4.19 Vacating the Venue
    The Venue reserves the right to request the User to vacate his/her table after a reasonable period of time.
    
            4.20 Validity of the Meal Plan
    Depending on the type of the Meal Plan, the user is able to book the meals within the validity period of the Meal Plan. It is either 2 or 4 weeks for 3 and 6 or 10 meal plans respectively. The user is no longer able to claim the meals or a refund after expiration of the meal plan.
    
            4.21 Number of meals per day
    The user can only book one meal per day.
    
            4.22 Promotions and discounts for the First Time Users
    Each user is entitled to use MenuBlender promotions and discounts for the First Time Users only once. In case the user purchases a Meal Plan with a discount link twice, MenuBlender reserves the right to refund the meal plan and deactivate the meal plan.
    
            4.23 Other promotions
    Other promotions, not as per section 5.22, will have separate Terms and conditions attached. 
    
            4.24 Order cancellation
    Orders can be cancelled 4 hours prior to the booking time by contacting MenuBlender via an infoline, e-mail or chat on the website.
    
            4.25 Expiration date extension
    Meal Plan’s expiration date might be extended in an extraordinary situations. MenuBlender shall be contacted by the user by mail, response on the request of expiration date extension will be received within 3 days after receiving the request. 
    
            4.26 Trial Meal Plan
    First time user is entitled to only one free meal under one week trial meal plan. Meal Plan will be automatically renewed after one week and upgraded to 6 meal plan with a validity time of 6 weeks. In case of cancellation, the user will not be charged for a 6 meal plan after trial and all bookings will be cancelled (also under free trial). 
    
    
    
    
    
    
    
    
    
    
    
        5 INTELLECTUAL PROPERTY RIGHTS
    
            5.1 Platform’s Content
    MenuBlender’s Platform, including, but not limited to, the text, graphics, photographs, software, video and audio content, and the like that appear on the website or mobile site or mobile application, is owned by MenuBlender and is subject to copyright and other intellectual property rights.
    
            5.2 Rights of Use
    In consideration of the User agreeing to abide by these Terms and Conditions for Users, MenuBlender grants the User a non-transferable, non-exclusive license to use the Platform on a Device, subject to these terms, the Privacy Policy and any other applicable rules. MenuBlender reserves all other rights. The User may download or stream a copy of the Platform onto his/her Device, to view, use and display the Platform on the Device for their personal purposes only.
    
            5.3 IP Rights
    The User acknowledges that all Intellectual Property Rights in the Platform anywhere in the world belong to MenuBlender, that rights in MenuBlender’s Platform are licensed (not sold) to the User, and that the User has no rights in, or to, the Platform, other than the right to use it in accordance with these Terms and Conditions for Users. By using the Platform, the User acknowledges that he/she has no right to have access to the Platform in source-code form.
    
    
    
        6 PERSONAL INFORMATION
    
            6.1 Reference to MenuBlender’s Privacy Policy
    These Terms and Conditions for Users are to be read in conjunction with MenuBlender’s Privacy Policy, which is available on the MenuBlender website.
    
            6.2 Collection and Storage of Data
    MenuBlender will collect and store any information provided by the User when signing-up. MenuBlender will also collect and store information from all of its Users about their use of the Platform. Any information on Users or their use of the Platform is subject to MenuBlender Privacy Policy. By using MenuBlender, the User consents to use of that information and warrant that all information provided by the User is accurate.
    
            6.3 Contacting the User
    MenuBlender may use the User’s personal information to send to the User newsletters, marketing or promotional materials and other information that may be of interest to the User, including marketing and promotional content and offers through SMS, email, app push notifications and/or newsletters, unless explicitly requested not to by the User.
    
    
        7 TERMINATION
    
            7.1 Terminating the User’s Account
    MenuBlender may at any time, under any circumstances and without prior notice, immediately terminate or suspend all or a portion of the User’s account and/or access to MenuBlender’s Service. Cause for such termination shall include, but not be limited to: (a) violations of these Terms and Conditions for Users; (b) a request by the User to cancel or terminate his/her account; (c) discontinuance or material modification to the service or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) provision of MenuBlender’s Service to the User becoming unlawful; (f) unexpected technical or security issues or problems; or (g) the User’s participation in fraudulent or illegal activities. Any such termination or suspension shall be made by MenuBlender in our sole discretion, without any refund to the User of any prepaid fees or amounts, and MenuBlender will not be responsible to the User or any third party for any damages that may result or arise out of such termination or suspension of the User’s account and/or access to MenuBlender’s Service. 
    If the User wants to terminate his/her account, the User may notify MenuBlender in writing via email at info@menublender.com.