Please read all the Terms & Conditions fully and carefully before using www.menuStone.com and the services, features, offered by Boston Web Power, Inc. DBA MenuStone. These Terms & Condition set forth the legally binding terms and conditions for your use of the website and services of www.menuStone.com. By ordering any Goods or Services from menuStone, you agree to be bound by these Terms and Conditions.
MenuStone is created by Boston Web Power, Inc. MenuStone is an online food ordering Platform that connects consumers with local restaurants and stores. The definition of Menustone includes the website www.menuStone.com and the related features and services. It helps restaurants to open a new marketing channel to grow their sales and offers a convenient way for customers to order food to be picked up or delivered.
MenuStone is not a restaurant or food producing entity. The restaurants available on our Platform or using our platform to sell their products operate independently of MenuStone. The participating restaurants are required to comply with federal, state, and local laws, rules, regulations, and standards pertaining to the preparation, sale, and marketing of food. MenuStone is not liable or responsible for Restaurants' food preparation or safety and does not verify their compliance with all applicable laws.
By registering with menuStone or any of its services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the website www.menuStone.com and other related documents.
Certain services may be subject to additional terms and conditions specified by menuStone from time to time; your use of menuStone services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
These Terms of Use apply to all the users of the services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
Arbitration notice and class action waiver: except for certain types of disputes described in the arbitration section below, you agree that disputes between user and MenuStone or the restaruants will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
You may only create and hold one account on each of the separately branded properties on the platforms for your personal use. You may have another account if you are using the platform or services for business purposes, pursuant to a separate agreement with MenuStone. In consideration of the use of the platform and the services, you agree that you are able to create a binding legal obligation with MenuStone, and you also agree to provide true, accurate, current, and complete information about yourself, and maintain and promptly update the personal information you provide to keep it true, accurate, current, and complete. You may make purchases without an account or without logging in to your account.
If you are a minor in the jurisdiction in which you reside (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the platform, and your parent or legal guardian must read and agree to this agreement prior to your using the Platform. Notwithstanding the foregoing, you are not authorized to use the Platform or otherwise access the Services if you are under the age of 13.
If you are using the platform on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to this agreement and you agree to be bound by this agreement on behalf of that entity, organization, or company. If you provide any information that is untrue, inaccurate, not current or incomplete, including, without limitation, having an invalid or expired payment method on file, or if MenuStone has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, MenuStone has the right to block your current or future use of the platform and/or the services (or any portion thereof) and/or terminate this agreement with you.
If you place an order that includes any alcoholic beverage, you represent and warrant that you are at least 21 years of age. Upon delivery or pickup, as applicable, you shall present a government-issued identification card, evidencing your age, consistent with applicable legal requirements. You also agree that our Delivery Partners may withhold delivery of the alcoholic beverages if you appear or the recipient of the delivery appears intoxicated when receiving delivery of such products. If you do not comply with these terms, you agree that the alcoholic beverage(s) will not be released to you, and you may forfeit the cost of such beverages.
You are responsible for maintaining the confidentiality and security of your account including your password. You are also responsible for all activities or any other actions that occur under or that are taken in connection with your Account. You agree to: (a) immediately notify MenuStone of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including, without limitation, loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. MenuStone will not be liable for any injury, loss, or damage of any kind arising from or relating to your failure to comply with (a) and/or (b) or for any acts or omissions by you or someone else who is using your Account and/or password.
All prices listed on the Website are correct at the time of publication and have been input as received by the restaurant; while we give great care to keep them up to date, the final price charged to you by the restaurant can change at the time of delivery based on the latest menu and prices of the restaurant. We also reserve the right to alter the Goods or Services available for sale on the website and to stop listing restaurants, Goods or Services.
The total price for Food Delivery, Goods or Services ordered, including delivery charges and other charges, will be displayed on the website when you place your order. Full payment must be made for all goods and services provided.
If you choose online payment, you must pay for your order before it is delivered. We accept all major credit cards and paypal.com payment. All MenuStone online transactions are secured with industry-standard SSL data encryption to ensure that your shopping online is secure. Your credit card company may also conduct security checks to confirm it is you placing the order.
The prices reflected on the website/mobile application/email are determined solely by the participating restaurant and informed to MenuStone at the time of listing or afterwards. Any change in the prices of menu at the time of placing order is at the sole discretion of the participating restaurant.
All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes are being charged and determined by the participating restaurant and MenuStone is merely collecting the same on behalf of such participating restaurant.
The entire amount of applicable taxes collected by MenuStone is directly remitted as it is to participating restaurants and MenuStone does not retain any amounts thereof.
MenuStone is not responsible for validating the legal sanctity of the applicable taxes and the manner of its applicability on behalf of the Participating Restaurant. MenuStone holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Participating Restaurant.
You must notify the participating restaurant immediately if you need to cancel your order, preferably by phone, and quote your order number. If the restaurant accepts your cancellation, no cancellation fee will apply. If the restaurant refuses cancellation, e.g. because preparation of food delivery has been completed and/or delivery personnel has already been dispatched, it may not be cancelled. We will not be able to refund any order, which has been already dispatched.
Once the restaurant has accepted your cancellation, we will refund or re-credit your debit or credit card with the full amount within 14 days, which includes the initial delivery charge (where applicable) which you paid for the delivery of the Goods or the Services, as applicable.
If certain items in your order are not available for any reason, once notified by the restaurant, we will refund or re-credit your debit or credit card with the amount that you have paid within 14 days.
Communications
By registering or placing an order with us, you are consenting to receive E-mails, SMS or calls from us or the restaurant regarding your order. Additionally, by registering or placing an order with us, you are consenting to receive commercial E-mail from us or the restaurant. If you do not wish to receive commercial E-mail, you may remove your name from the E-mail list by contacting us or the restaurant.
Standard data and message rates may apply for E-mails, SMS or calls, whether you send or receive such messages. Please contact your mobile phone carrier for details. Your mobile phone carrier (e.g. T-Mobile, AT&T, Verizon, etc.) is not liable for delayed or undelivered messages.
The platform and everything on it, including, without limitation, text, photos, videos, graphics and software, is owned by or licensed to MenuStone. The Platform and the materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties, and/or other intellectual or proprietary rights and laws of the United States and other countries. Except as otherwise indicated on the platform and except for the intellectual property of other companies that are displayed on the platform, all intellectual property, such as trademarks, service marks, logos, trade dress, and trade names are proprietary to MenuStone. Accordingly, you are not authorized to download any content from the Platform, including, without limitation, the materials, and if you do, MenuStone will not be responsible in any way for any damage to your computer system or loss of data that results from such download. Please also be advised that MenuStone enforces its intellectual property rights to the fullest extent of the law.
All Content added, created, uploaded, submitted, distributed, or posted to the services by users, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such user content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all content, including user content, accessed by you using the services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting there from. We do not guarantee that any content you access on or through the services is or will continue to be accurate.
By accessing the platform or the services, you agree not to use the platform or services for any commercial or other purposes that are not expressly permitted by this agreement or in a manner that falsely implies our endorsement, partnership or otherwise misleads others as to your affiliation with us, you also agree not to access the platform or services using a third party's account/registration without the express consent of the Account holder and not to attempt to impersonate another user or person.
If there is a dispute between users of the services, or between users and any third party (including any Restaurant), you understand and agree that MenuStone is under no obligation to become involved. In the event that you have any such dispute between users and any third party (including any Restaurant), you hereby release MenuStone (including the Site and the Services), its directors, officers, employees, service providers, affiliates, agents and successors from all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
The platform, the services, the materials, and all other content on the platform are provided "as is" and “as available” and without warranties of any kind, either express or implied, unless otherwise specified in writing. Menustone does not represent or warrant that the platform, the services, the materials and/or the other content on the platform will be secure, uninterrupted, and/or error-free, that defects will be corrected, and/or that the platform, the services, the materials, and/or other content on the platform are free from viruses or other harmful components. Menustone does not warrant or make any representations regarding the use or the results of the use of the platform, the services, the materials, and/or any other content on the platform in terms of their correctness, accuracy, reliability, timeliness, completeness, currentness, or otherwise, including, without limitation, the safety, quality, and/or timing of a delivery ordered on the platform, and/or the food or other products delivered. You (and not menustone) assume the entire cost of all necessary servicing, repair, or correction relating to your use of the platform, the services, the materials, and/or other content on the platform. Menustone shall not be liable for delay or failure in performance resulting from causes beyond menustone's reasonable control, including, without limitation, delays and other problems inherent in the use of the internet and electronic communications. Menustone is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Menustone relies upon restaurants and other third-party food and beverage providers to provide accurate allergen and dietary information and general product safety. Menustone does not represent or warrant that the information accessible through the service is accurate, complete, reliable, current, or error-free, including, without limitation, menus, nutritional and allergen information, photos, food quality or descriptions, pricing or hours of operation. All content is provided for informational purposes only. The reliance on any information provided through the service is solely at your own risk, including, without limitation, nutritional and allergen information.
Great care has been taken to ensure that the information available on menuStone website is accurate. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
By accepting these terms of use you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party website, or your consumption of any food or beverages from a Participating Restaurant.
We disclaim any and all liability to you for the supply of the Food Delivery, Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising.
We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and to remove or block any Content from the Services.
As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.
The Platform may contain links to websites that are owned, controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions ("Third Party Websites"). MenuStone does not review, monitor, operate and/or control the Third Party Websites and MenuStone makes no guarantees, representations, and/or warranties as to, and shall have no liability for, the content available on or through and/or the functioning of the Third Party Websites. By providing access to Third Party Websites, MenuStone is not recommending and/or otherwise endorsing the products and/or services provided by the sponsors and/or owners of those websites. Your access to and/or use of the Third Party Websites, including, without limitation, providing information, materials and/or other content to the Third Party Websites, is entirely at your own risk. MenuStone reserves the right to discontinue links to any Third Party Websites at any time and for any reason, without notice.
Your rights under this Agreement will terminate automatically without notice if you fail to comply with any term of this Agreement. Further, MenuStone reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Platform and/or Services offered on or through the Platform (or any part thereof), including but not limited to the Platform's features, look and feel, and functional elements and related Services. We will have no liability whatsoever on account of any change to the Platform or any suspension or termination of your access to or use of the Platform. You may terminate this Agreement at any time by closing your Account, and ceasing use of the Platform and Services provided herein.
MenuStone reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including, without limitation, the right to block access to the Platform and/or Services from a particular account, device and/or IP address.
We may change this Agreement from time to time and without prior notice. If we make a change to this Agreement, it will be effective as soon as we post it and the most current version of this Agreement will always be posted under the "Terms of Use" link available on our platform. If we make a material change to the agreement, we may notify you. You agree that you will review this agreement periodically. By continuing to access and/or use the platform and/or services after we post updated terms, you agree to be bound by the updated terms, and if you do not agree to the Updated Terms, you will stop using the platform and/or accessing the Services. Any disputes under this agreement will be governed by the version of agreement in effect at the time of the first event which gave rise to the dispute.
This Agreement, together with any amendments and any additional agreements you may enter into with MenuStone in connection with the Platform and the Services hereunder, shall constitute the entire agreement between you and MenuStone concerning the Platform and the Services hereunder.