TERMS OF SERVICE
Last Updated: March, 1 2017
1. Acceptance of Terms and Conditions
Menustar is an online ordering system that allows you to order food from your favorite restaurants. The services offered on it (referred to here as the "Services") utilizes the latest technology, including web, mobile, and tablet. Although you are able to place orders through the Services, Menustar is not an actual party to any of the transactions. Your order is between you and the restaurant you order placed the order with. Should you have any questions or concerns about the ingredients used in preparation of any food, we strongly advise you to contact the restaurant directly before consuming the food. Menustar shall not be liable or responsible for any food, beverages, or any other products or services offered or provided by the restaurant. By using the service, you are indicating your agreement to be bound by all of the terms and conditions contained in the agreements.
IMPORTANT: PLEASE REVIEW THE “DISPUTE RESOLUTION” SECTION BELOW CAREFULLY AS IT CONTAINS A BINDING ARBITRATION AND CLASS ACTION WAVIER AGREEMENT. YOU ACKNOWLEDGE AND AGREE TO RESOLVE ALL DISPUTES BY ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. BY AGREEING TO THESE TERMS, AND/OR BY USING OR ACCESSING THE Menustar SERVICE YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
2. USER RESPONSIBILITIES & LIMITATIONS
By consenting to the Agreements, you agree:
2.1 That you are NOT under the age of 13 and the Service is NOT to be accessed by children under 13 years of age and we do not intend to collect information from children;
2.2 To accurately represent only yourself on the Service, and no other persons, living, dead, or imagined; the Service may only be used by natural persons (i.e., individuals) on their own behalf and not by or on behalf of any commercial entity unless explicitly permitted by Menustar;
2.3 To only make legitimate reserves, redemptions, and/or purchases that comply with the fine print and rules of the terms of the respective offers;
2.4 To only make reserves, redemptions, and/or purchases on the Service for your own use and enjoyment, or, when offered, as a gift for another;
2.5 To provide accurate information to Menustar and other users of the Service, including, but not limited to, information required to register with the Service and information posted in public areas of the Service;
2.6 To NOT use the Service to reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purpose the software, products, or services provided by Menustar or obtained through the Service without obtaining the express, prior written consent of Menustar. This restriction includes any attempt to incorporate any information from the Service into any other directory, product or service;
2.7 To provide for your own access to the Service, including but not limited to obtaining and maintaining all telephone, computer hardware and software, and other equipment and paying all related charges;
2.8 To NOT attempt to, or actually access data not intended for you, such as logging into a server or an account which you are not authorized to access;
2.9 To NOT tamper or interfere with the proper functioning of any part, page or area of the Service and any and all functions and services provided by Menustar;
2.10 To NOT attempt to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Service, or attempts at overloading, "flooding", "spamming", "mail bombing" or "crashing" the Site;
2.11 To NOT use the Service or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Menustar;
2.12 To NOT resell or repurpose your access to the Service or any purchases made through the Service;
2.13 To NOT use the Service or any of its resources to solicit End Users, Merchants or other business partners of Menustar to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Menustar, including without limitation, aggregating current or previously offered deals;
2.14 To NOT exceed or attempt to exceed quantity limits when reserving, redeeming, or purchasing Offers, or for speculative, false, fraudulent or any other purpose not expressly permitted by this Agreement and the terms of a specific offer on the Site;
2.15 To NOT access, monitor or copy any content or information from this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
2.16 To NOT act illegally or maliciously against the business interests or reputation of Menustar, our Merchants or our services; or
2.17 To NOT hyperlink to our Service or Site from any other website without our initial and ongoing consent.
3. REGISTERING AND CREATING AN ACCOUNT
If you create an account on our Site, you may only create and hold one account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account and, without limitation, you may forfeit any pending, current or future promotional account credits and any unredeemed Offers in your account.
If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your Menustar account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.
Menustar also has the right to terminate your account if you reserve Menustar Offers and do not redeem them at the vendor location. Offers that are in a "reserved" Rewards Code and not "redeemed" wastes the offer because it holds the inventory of the unique discount code. If this violation occurs 3 times in any given time period, we will terminate your account for 14 days. During this termination period, you will not be able to see, reserve, or redeem Menustar Offers.
5. TERMS OF OFFERS
Menustar Offers reserved, redeemed, and/or purchased on the Service by you as a Menustar account holder, are special promotional offers that you access from participating Merchants through our service. The Offers are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the Menustar Offer. The Merchant is solely responsible for accepting the Offer. By reserving, redeeming, and/or purchasing an Offer, you make an offer to purchase the goods/services pursuant to the terms of this Agreement, the terms on the Menustar Offer itself and any additional, deal specific terms advertising the Menustar Offer at the time of purchase (the "Fine Print"). In the event of a conflict between the terms of this Agreement and the Fine Print, the Fine Print will govern.
If the redeeming Merchant refuses to honor a Menustar Offer, Please email Menustar at [email protected]
Reserves, redeems, purchase, or use or acceptance of a Menustar Offer constitutes acceptance of these Terms of Service and of any Fine Print stated on the Menustar Offer. The following terms apply to all Menustar Offers, unless stated otherwise in the Fine Print or otherwise required by applicable law:
The Menustar offer applies to the total guest check. (Offers are to be applied to the total guest check before tip and taxes.)
Only one Menustar offer may be redeemed per guest check, per visit. (When separate checks are issued within a party, the Menustar offer shall apply only to the bill of the Menustar offer customer. A maximum of two Menustars may be used per table or party.)
The customer of a Menustar offer must be physically present to redeem offer.
When redeeming a Menustar offer, no minimum party size applies.
Menustar savings are limited to a maximum of $100 per redemption. A minimum spend also applies.
Menustar offers cannot be combined with any other offers or coupons.
Menustar offers are not valid on happy hour menus or other already discounted special restaurant offers. (However, Menustar offers are valid on daily menu specials.)
Menustar offers are valid for dine-in only.
To activate an offer, customer scans the "Rewards Code" located in the restaurant.
"Rewards Codes" must be scanned inside the dining establishment within the valid time period listed for the offer to be valid.
Only offers with "time remaining" (after activation) are valid; expired offers are not valid.
Menustar offers cannot be redeemed for cash and have no residual value.
Unauthorized use, reproduction, resale, modification, or trade of Menustar Offers are prohibited.
Taxes and gratuities are not included in the discount value of the Menustar Offer and, if applicable, may be charged to you separately by the Merchant when you redeem the Menustar Offer.
The promotional value of Menustar Offers may not be combined with any other voucher, coupon, or promotion.
Your Menustar Offer may only be used at the Merchant named on the face of the Menustar Offer and the promotional discount is redeemable only toward the goods or services at the specific location listed on the Menustar Offer.
Use of Menustar Offers for certain services and goods - such as alcoholic beverages - is subject to applicable state and local laws.
Menustar Offers are not reloadable.
Menustar Offers are not redeemable for cash unless required by law.
Menustar Offers are not transferrable.
The Merchant is the issuer of the Menustar Offer and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs ("Liabilities") it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Menustar Offer or not. You waive and release Menustar and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Menustar Offer or the services/goods it provides in connection with it.
6. VENDORS AND GOODS AND SERVICES
6.1 Menustar and the company providing your membership access expressly disclaim any liability, and will not be liable, for any loss or damage incurred as a result of any interaction between you and a vendor accessible through the Service. All matters, including but not limited to, delivery of goods and services, returns, and warranties, and the security of the purchase transactions entered into, are solely and strictly between you and the vendor.
6.2 You acknowledge that Menustar and the company providing your membership access do not endorse or warrant the vendors that are accessible through the Service nor the goods and services that they provide nor the security of your transaction with such vendors.
6.3 You acknowledge that discount offers available to members are not valid with any other offers, including (but not limited to) other coupons, promotions, discounts, or specials unless explicitly stated otherwise by the vendor. Offer terms and conditions vary by vendor, please contact participating vendors for details specific to any offer in question.
You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising the Service or made available through the Service.
8. DISCLAIMER OF WARRANTIES
8.1 Menustar PROVIDES THE SERVICE AND ALL RELATED SOFTWARE AND CONTENT TO YOU "AS IS," WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT; ANY WARRANTY THAT THE SERVICE OPERATES ERROR FREE OR WITHOUT INTERRUPTION; ANY WARRANTY THAT INFORMATION OBTAINED THROUGH THE SERVICE IS ACCURATE OR RELIABLE. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SERVICE AND TRANSACTIONS WITH THE VENDORS REMAINS WITH YOU.
8.2 You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
8.3 Menustar makes no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service.
8.4 No advice or information, whether oral or written, obtained by you from Menustar or through the Service shall create any warranty not expressly made herein.
9. LIMITATION OF LIABILITY
Menustar SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR SPECULATIVE DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT, REGARDLESS WHETHER Menustar ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. Menustar SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR SPECULATIVE DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OTHERWISE OBTAINED OR MESSAGE RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA, INCLUDING WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES, REGARDLESS WHETHER Menustar HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES.
You agree to indemnify and hold Menustar, their affiliates, officers, directors and employees from any and all claims or demands, including the payment of reasonable attorney's fees, arising out of or relating to your use of the Service.
11.1 The Agreements comprise the entire agreement between you and Menustar and supercede all prior agreements between the parties regarding the subject matter contained herein. Any waiver of any provision of the Agreements will be effective only if in writing and signed by Menustar.
11.2 If a court of competent jurisdiction finds any provision or portion of the Agreements to be unenforceable, the remaining provisions of the Agreements will continue in full force and effect.
11.3 Any notices to you or Menustar shall be made via either email or regular mail. Menustar may also provide notices of changes to the Agreements or any other matter by displaying notices to you generally on the Service.
11.4 You agree to comply with U.S. law regarding the transmission/export of technical data through the use of the Service.
11.5 The Agreements shall be governed by the laws of the State of Washington without giving effect to provisions related to choice of laws or conflict of laws. Venue and jurisdiction of any lawsuit involving this Agreement will exist exclusively in the state and federal courts in King County, Washington.
12. NOTICE OF COPYRIGHT
Menustar is the sole owner of all copyrights in and to all original content, code, designs, and layout of the Service, and reserves all rights provided by U.S. and foreign copyright laws, including rights to copy, distribute or commercially exploit any part of the Service in any form.
Not withstanding the foregoing and in addition to any basis provided under applicable law, Menustar grants you the following revocable licenses:
A revocable license to download and/or print extracts of the Service to your local storage device for your personal and non-commercial use only. By way of example only, you may save a copy to your computer storage device of our participating restaurant list for your geographic area of interest and/or print such list. Such lists should not be stored and used as program references as the selection of participating restaurants and businesses changes frequently. Menustar will not be responsible for downloaded and/or printed extracts that reflect outdated program benefits.
A revocable license to copy and/or distribute any URL of the Service to individual third parties for their personal use. By way of example only, you may send an electronic mail to your personal friend that includes the URL for our participating restaurant list for your geographic area of interest.
Menustar values its intellectual property assets and aggressively pursues those who violate its rights in the same. Remedies for infringement of Menustar's copyrighted subject matter include injunctions against further infringement, monetary damages up to $150,000 per infringement and repayment of attorney fees. Willful copyright infringement is also a crime. If you wish to copy, distribute or commercially exploit any part of the Service that is not covered by the revocable licenses noted above, or hyperlink to any part of the Menustar website other than its primary domain landing page, you will need Menustar's written permission. Please contact us at [email protected] with your request and contact information.
13. REFFUND POLICY
In general, all food sales are final. Exchange and refunds are not permitted. Exceptions may be made on a case-by-case basis. Please contact the restaurant for requests. The restaurant will have sole discretion on refund or exchange decisions.
14. DISPUTE RESOLUTION
14.1 Arbitration Agreement. Any dispute or claim between you and Menustar and/or its subsidiaries, affiliates, and/or any of their respective members, officers, and employees shall be resolved exclusively by final, binding arbitration governed by the Federal Arbitration Act ("FAA"). Arbitration means that an arbitrator and not a judge or jury will decide the claim. Rights to prehearing exchange of information and appeals may also be limited in arbitration. The arbitration will be conducted in Los Angeles, California, unless you and Menustar agree otherwise in writing. The arbitrator’s fees and the costs will be shared equally by the parties. Each party will be responsible for their own attorneys’ fees.
You acknowledge and agree that you and Menustar are each waiving the right to go to court and have a Dispute heard by a judge or jury. The arbitration will be administered by the American Arbitration Association (“ AAA ”) and conducted before a single arbitrator pursuant to its rules, including, without limitation, the AAA’s Consumer-Arbitration Rules, available at https://www.adr.org/consumer.
14.2 Class Action Waiver. Any dispute shall only be on an individual basis. You acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Menustar otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
If any part of this Agreement is ruled to be unenforceable, then the balance of this Agreement shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.