Thank you for using wMenu!
1. Using wMenu
a. Who can use WMenu
You may use our Services/Products only if in compliance with these Terms. Only business owners or authorized representatives of restaurants, cafes, hotels, motels, hostels, coffee shops, resorts and other hospitality businesses may register and manage their business information on wMenu.com. When you create your wMenu User account, you must provide us with accurate and complete information. If you open an account on behalf of a company, organization, or other entity, then you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. If you provide inaccurate information or information that could harm third parties and/or business customers wMenu may at any time delete your account without prior warning.
b. Your User Account is non-transferable.
Once User account is opened you will only be able to access areas of the Sites and Services/Products with use of the username and password.
1. You are responsible for each and every access or use of the Sites and Services/Products that occurs in conjunction with use of your username and password.
2. Use of your username and password is conclusive evidence that you have accessed the User sections of the Sites or Services/Products.
3. You must use all reasonable efforts to keep your username and password confidential.
4. You must not allow any third party to access the Sites or Services/Products using your username and password and make use of the Services/Products on your behalf.
5. You must notify wMenu in writing as soon as you become aware of any unauthorized use of your User Account, username or password.
6. You acknowledge and agree that you are liable for, and will indemnify wMenu, and all claims made by a third party arising out of your access to, and use of, the Sites and Services/Products as a User.
2. Your Content
a. Posting content
wMenu allows you to add and/or edit your digital presentation and menus, including photos, description, prices, company name, logo, and other materials. Anything that you post or otherwise make available on our Site and Services/Products is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you post to wMenu.
By posting content to this site, you represent and warrant that the User Content does not violate any agreement between you and a third party, and that the Posting content shall not infringe upon or violate any law, agreement or other rights of any kind, of any third party, without limitation, rights affecting copyright, patent, trademark, unfair competition, contract, defamation, privacy or publicity. You agree that you will, at your own expense, defend, indemnify, and hold harmless the wMenu and its affiliated and related entities, licensees, successors and assigns, employees, officers and directors, representatives, contractors and agents from all claims, losses, damages and expenses of any kind (including, without limitation, attorneys’ fees and disbursements) arising out of or in connection with a breach or alleged breach by you of your obligations or warranties herein.
wMenu may refuse or remove any User Content that, in its sole judgment, violates these Terms & Conditions. wMenu has the right, but not the obligation, to monitor User Content for inappropriate content. You are solely responsible for any User Content you post on this site.
b. How wMenu can use your content
You grant WMenu a non-exclusive, royalty-free, transferable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on wMenu solely for the purposes of operating, developing, providing, and using the wMenu Services/Products. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
c. How long we keep your content
Following termination or deactivation of your account, or if you remove any User Content from wMenu, we may retain your User Content for a commercially reasonable period of time for backup or archival purposes.
d. Feedback you provide
We value hearing from our users, and are always interested in learning about ways we can make wMenu more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you.
3. Subscriptions and Payment
wMenu Services/Products subscriptions. Subscription begins as soon as your initial payment is processed. You’ll be charged the rate stated at the time of purchase, every month, or annually until you cancel. Cancellations can be made any time. If you choose not to renew or if you cancel your Subscription, you have to notice us by sending an email 30 days before the end of the current Subscription.
Your wMenu Subscription will be automatically renewed unless you notify us that you do not wish to renew it before the end of the current Term. You can upgrade your subscription at any time.
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services/Products in advance of the time period during which such Services/Products are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
What happens to my data if I don’t renew. If you choose not to renew or if you cancel your Subscription we will suspend access to your account. We will terminate your Subscription and will not be under any obligation to retain your data.
Taxes. Listed Subscriptions for the Services/Products do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to wMenu's invoice as a separate charge to be paid by you.
4. Refund/Cancellation Policy
All fees are non-refundable when paid unless otherwise stated. There will be no refunds for cancellations made within 30 days after payment of subscription is processed. If you choose not to renew or if you cancel your subscription, you have to notice us by sending an email 30 days before the end of the current Term. Cancellations received after the stated deadline will not be eligible for a refund. Cancellations will be accepted via e-mail and must be received by the stated cancellation deadline.
5. Copyright & Trademark Claims
wMenu respects the intellectual property rights of others. wMenu requires that you do the same.
If you believe that a work/product of which you are the owner is infringed by a User or a Services&Products being offered on a Site, please forward all the following information in one document (Copyright Claim) to wMenu:
1. your address, telephone number, and email address;
2. a description of the location of the alleged infringing material;
3. a description of the copyright work that has been allegedly infringed;
4. a statement by you, that you warrant that the information given in the Copyright Claim is accurate and that you are either the copyright owner or are authorized to act on the copyright owner’s behalf;
5. your physical or valid electronic signature.
On receipt of a Copyright Claim wMenu will take the actions we consider necessary to manage the administration of the Copyright Claim.
We care about the security of our users. This site has security measures in place to protect the loss, misuse and alteration of the information under our control. However, your confidential use of this site cannot be guaranteed by the wMenu. wMenu shall not be responsible for any harm that you or any person may suffer as the result of a breach of confidentiality with respect to information you transmitted to the site.
7. wMenu Content
Except for User Content (as defined above), all content available through the Services and Products, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services and Products (collectively, "wMenu Content"), are the proprietary property of wMenu or wMenu's licensors. wMenu Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any wMenu Content. Any use of wMenu Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any wMenu Content. All rights to use wMenu Content that are not expressly granted in this Agreement are reserved by wMenu and wMenu's licensors.
8. Third-Party Links, Sites, and Services
Our Site may contain links to third-party websites that are not owned or controlled by wMenu. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from wMenu, you do so at your own risk and you agree that wMenu will have no liability arising from your use of or access to any third-party website, service, or content.
If, in our absolute discretion, you breach any of the above obligations or other terms of this Agreement, we are entitled to suspend access to or terminate your User Account immediately and without notice to you.
10. Backups and Data Loss
Your use of the Services and Products is at your sole risk. wMenu's backup service runs once a day and overwrites any of our previous backups. Only one day of backups are kept at a time.
The Site and Services/ Products and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied.
wMENU SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
wMenu takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
12. Limitation of Liability
wMENU SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL wMENU’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE U.S. DOLLARS (U.S. $1.00)
13. Assignment; Successors
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of wMenu. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. wMenu may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
14. Governing Law and Jurisdiction
These terms and conditions shall be governed by the laws of Republic of Serbia and the courts of Republic of Serbia shall have exclusive jurisdiction.
15. General Terms
Notification Procedures and changes to these Terms. wMenu reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services and Products.