Terms & Conditions

This Terms and Conditions (the "Agreement", "Terms", "Terms and Conditions") is a binding legal agreement between Software development company, qr4menu.in (the "Developer", the "development company") and the Restaurant (including but not limited to its owner, proprietor, respective affiliates, and each of their directors, officers, agents, contractors, partners, representatives and employees) who register itself and creates an account in the Developer's software application (the Application) and the Diner an individual person who voluntarily scans the QR code, provided by that Restaurant, on his/her smartphone to access and browse the the online digital menu created by the Restaurant on the Application. This Application has been developed by the Developer, and operated by the Restaurant ("us", "we", "our").

Please carefully read this Agreement prior to registration and usage of the Application. By clicking "I AGREE", the Diner and the Restaurant is agreeing, henceforth, to be bound by the terms and conditions contained in this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE EXIT THE APPLICATION AND DO NOT CLICK "I AGREE."

1. INTRODUCTION AND THE SERVICES PROVIDED

• The Application is an ordering solution whereby the Diner is able to and submit payment for food and beverage products at the Restaurant's locations. The Restaurants uses the Application to digitize its Menu by registering and uploading their menu items in its restaurant account and automate the order taking process at their existing location by generating table specific QR codes and the Waiter and Kitchen Order Ticket (KOT) Apps of the Application. The Diner uses the QR code affixed in the Restaurant to place an Order and effectuate a payment for that Order. The payment can be made by the Diner directly to the Restaurant or to the Restaurant via the Developer through the Developer’s Payment Gateway (PG) (collectively, the "Services").
• Initially, the Restaurant first has to register with the Developer to create their account in the Developer’s Application. The Restaurant will accept the ‘Terms and Conditions (TnC) incorporated in the Application while registering.
• Upon registration, the Restaurant Account owner can login to set up one or more locations in their Restaurant Account. The Restaurant account can then add tables (or sub-locations) with a unique QR code for each table or sub-location. The Restaurant can then create a menu for each QR code. Multiple QR codes can share the same menu. The Application provides many tools for the Restaurant to create its menu. The online menu of each Restaurant will be made available to the Diner through a QR code generated for each table or location that is placed at the location where the Diner can scan and Order using their own smartphone.
• To use the Services, the Diner should scan the QR code provided by the Restaurant at its location and get directed to the Developer’s browser based Application. Now, the Application will allow the Diner to access an online menu corresponding to that table or location created and updated by the Restaurant itself. The Diner will at this point accepts the Terms and Conditions (TnC) incorporated in the Application before accessing it.
• Once the Order is placed by the Diner, the Order details will be seen on the Waiter App (part of the Developer’s Application) associated to that QR code. The Restaurant’s employee (the Waiter) will be notified via the Waiter App of all Orders received from the Diner. The Waiter then approves the Order which then is transmitted to the Kitchen Order Ticket (KOT) App (part of the Developer’s Application).
• The Restaurant serves the Diner the ordered items as per the standard operating procedure of the Restaurant.
• The Diner can always make the payment directly to the Restaurant for the Order placed. In this case the Developer is not involved in the transaction. In this case, the Developer is merely providing a free service to the Restaurant and the Diner whereby the Restaurant’s menu is displayed to the Diner and the Diner uses the Application developed by the Developer to place an Order at the Restaurant that is fulfilled directly by the Restaurant. No money is exchanged via the Developer’s Application in this case.
• When the Company’s Payment Gateway is available at a given location, the Diner may opt for making the payment using the Developer’s Payment Gateway to expedite and streamline the payment procedure. In this case, the Developer will collect the transaction amount from the Diner on behalf of the Restaurant and then remit the balance, after deducting charges and service fees, to the Restaurant as per Schedule 1.
• By scanning the QR code at the Restaurant The Diner can select desired menu items from the menu, one at a time, from the Restaurant's menu. A Checkout Screen, containing the selected menu items and the total purchase price comprised of the subtotal, service fees and sales tax will be presented to the Diner for review. (the "Checkout Screen"). To proceed with the order, the Diner will click "Submit" on the Checkout Screen and the total purchase price will be deducted from the Diner's account balance if he/she opts for the Developer's payment gateway to make online payment to the Restaurant.
• Once the order is submitted, the Diner will receive a digital receipt confirming the name, address, and phone number of the Restaurant, the Diner's order (with a unique order number) and the total bill amount. The digital receipt will be sent to the Diner's email account and will also be displayed in the Application open in the browser of the Diner's smartphone. The Diner will receive a push message notification from the Restaurant when the order is "Complete".
• If an order cannot be processed for whatever reason, the Diner will receive a notification indicating the order was unsuccessful. In the event of an unsuccessful order, the Diner's account will not be charged and the services will not be provided. In this case the Diner can opt to re-scan the QR code and place new order or call the Restaurant's Waiter for further assistance.

2. REGISTRATION AND ELIGIBILITY

• 2.1. Prior to accessing and using the Services, the Restaurant must register for an account. Registration involves downloading the free Apps, providing their name, restaurant business details, email address and creating a secure password.
• 2.2. Upon entering the information set forth in Article 2.1, the Restaurant will read and enter into this Agreement and agree to the Developer’s Privacy Policy.
• 2.3. Subject to the completion of the account registration contemplated by Article 2.1, Article 2.2, and the continued compliance of all the terms and conditions set forth in this Agreement, Developer will provide the Restaurant with a personal, non-transferable, non-sublicensable and nonexclusive, revocable license to download, install and use the Apps, and use the Services. The license shall be in the form of an account and will govern the Restaurant’s access and use of the Services. This license may be revoked or rescinded by either party in accordance with the terms of this Agreement. The Application is licensed and not sold under this Agreement.
• 2.4. By accessing the Application by scanning the QR code provided by the Restaurant, the Diner represents and warrants that the Diner:
  • 2.4.1. Is at least eighteen (18) years old; or has parental/guardian consent
  • 2.4.2. Is the named cardholder of the payment card and any other information provided to the Developer; and,
  • 2.4.3. Is capable of entering into legally binding contracts.
• 2.5. The Diner acknowledges and agrees that Developer has the right to take all steps necessary to confirm the Diner's identity and otherwise verify all information and data the Diner provides.

3. PRICE AND PAYMENT

• 3.1. Registration for the Services is free of charge. The Developer will not charge a fee to new Restaurant who set up an account by clicking "I AGREE" to these Terms and Conditions before Registration;
• 3.2. The Diner will determine from the menus provided what to order and the associated price with that/those items. The subtotal and proper sales tax will be added, as well as any meal plan discounts will be deducted. If the Diner opts for online settlement of its bill using the Developer's payment gateway for the Order at the Restaurant, then the Diner is aware of the total before finalizing submission and that amount that will be posted to the Diners credit card/debit card, net banking or deducted from their meal plan. The amount will appear on the Diner's credit card/debit, net banking statement with the Developer's trade name qr4menu.in.
• 3.3. The Application will specify the purchase price for each menu item. The Checkout Screen will enumerate the subtotal of all menu items, the service fees, the sales tax, levied by the Restaurant if any and the total purchase price.

4. THE DINER'S & RESTAURANT'S RESPONSIBILITIES AND WARRANTIES

• 4.1. Before submitting an order on the Application, the Diner may change or cancel an order by using the backwards arrow at the top of the Checkout Screen or by exiting the Application. It is the Diner's responsibility to review the menu items listed on the Checkout Screen to ensure it accords with the desired selections. Clicking submit will send the order to the Restaurant's Waiter App for Confirmation.
• 4.2. The Diner acknowledges and agrees that they will not be able to cancel an order or request a refund once an order is successfully submitted and confirmed by the Waiter. The Developer will not be responsible for any losses incurred by the Diner as a result of using its Services. Pursuant to this Agreement, the Diner shall not file any claim against the Developer for any such losses or damages.
• 4.3. The Diner shall assume sole responsibility for any authorized or unauthorized access to and use of the Diner's smartphone at any time. This applies whether the Diner or any other person is physically accessing and using the Services. Once the Diner scans the QR code at the Restaurant, any activity done on the Application using the Diner's smartphone is deemed to be done by the Diner himself/herself whether it is the Diner or not. The Diner therefore is responsible for maintaining control of its account over his/her smartphone, the confidentiality of its payment card information, the charges to its payment cards and the orders that are submitted. THE DINER AGREES TO INDEMNIFY AND HOLD HARMLESS THE DEVELOPER, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY ACTION, CAUSE, CLAIM, DAMAGE, DEBT, DEMAND OR LIABILITY, INCLUDING REASONABLE COSTS AND ATTORNEY'S FEES, ASSERTED BY ANY PERSON, ARISING OUT OF THE DINER'S USE OF THE APPLICATION AND/OR ITS SERVICES.
• 4.4. The Restaurant acknowledges and agrees that the Developer shall assume no responsibility, legal or otherwise, for any harm that may arise from any use, direct or indirect, of the Services, including, but not limited to, any unauthorized use of the Restaurant's account, any item disposed of by the Restaurant. THE RESTAURANT WAIVES AND FORFEITS ANY RIGHT TO PURSUE A CLAIM AGAINST THE DEVELOPER, ITS DIRECTORS OR OFFICERS, OR ANY SUBSIDIARY OF THE DEVELOPER, FOR ANY LOSS OR DAMAGE CAUSED BY ANY DIRECT OR INDIRECT USE OF THE APPLICATION AND/OR ITS SERVICES.
• 4.5. The Restaurant is prohibited from posting, uploading or transmitting any information or content to and/or from the Application, or its licensors: that it breaches any applicable local, national or international law; is unlawful or fraudulent; amounts to unauthorized advertising; contains viruses or any other harmful programs; contains any defamatory, obscene or offensive material; promotes violence or discrimination; infringes on the intellectual property rights of any entity; promotes illegal activity or infringes on privacy rights; or contains misrepresentations about the Restaurant or Developer, the Application or the Services.
• 4.6. The Restaurant shall not: (i) copy, modify, transmit, adapt, vary or create derivative works based on the Application or Services in whole or part; (ii) use the Application or Services to try to gain unauthorized access to any service, data, account or network by any means; (iii) rent, lease, sublicense, sell or otherwise transfer the Developer’s or Services to any third party; (iv) work around any technical limitations, including any piracy counter measures, in the Application or Services; (v) reverse engineer, decompile, disassemble, debug, hook, spoof or pirate the Application or Services; or (iv) use the Application or Services in any way that could harm them or impair anyone else's use of them.
• 4.7. The Diner acknowledges and agrees that the Developer is not involved in this matter and does not participate in the internal procedure of the Restaurant in any way shape or form. The Restaurant is solely responsible for the quality of the food and the service at their location(s). The Restaurant has to obtain and maintain all the licenses required for its operation from the competent authorities.
• 4.8. The Diner acknowledges and agrees that the Developer shall assume no responsibility, legal or otherwise, for any harm that may arise from any use, direct or indirect, of the Application or the Restaurant's Services, including, but not limited to, any unauthorized use of the Diner's smartphone, any item disposed of by the Restaurant. THE DINER WAIVES AND FORFEITS ANY RIGHT TO PURSUE A CLAIM AGAINST THE DEVELOPER, ITS DIRECTORS OR OFFICERS, OR ANY SUBSIDIARY OF THE DEVELOPER, FOR ANY LOSS OR DAMAGE CAUSED BY ANY DIRECT OR INDIRECT USE OF THE APPLICATION AND/OR ITS SERVICES.

5. INTELLECTUAL PROPERTY (IP)

• 5.1. Developer shall retain legal and proprietary rights to its intellectual property at all times. Intellectual property includes all copyrights, trademarks, patents, associated with its product, brand, technology, software, and systems. This proprietary interest extends to all intellectual property that exists, is developed, owned, or otherwise acquired by Developer before, during and after the termination of this Agreement.
• 5.2. The Restaurant is permitted to access, download, print, copy and share extracts from the Application and/or the Website for the Restaurants personal use in association with the Services only to the extent permitted under these terms and the applicable IP laws.
  • 5.2.1. The Diner is not permitted to access, download, print, copy and share extracts from the Application and/or the Website.
  • 5.2.2. The Restaurant shall not use, handle, or modify any digital or hard copy of Developer’s content obtained from the Application or Website except in accordance with Article 5.2. None of Developer’s information, content, graphics, photographs, audio, or video sequences shall be used for commercial or competing purposes or for financial gain.
  • 5.2.3 Except as stated in Article 5.2, the Restaurant shall not copy, reproduce, modify, republish, redistribute, reverse engineer, transmit, display, frame, sell the Application or its contents in any form or by any means, in whole or in part, without Developer’s prior written consent.
• 5.3. Any right not expressly granted in this Agreement is reserved by the Developer.

6. TERMINATION

• 6.1. If the Restaurant does not agree to these Terms and Conditions, do not choose ‘accept’ in the registration process and discontinue registration. The Restaurant accepts that Developer. has the right to modify or limit the Services at any time. The Restaurant accepts that Developer may terminate this Agreement or any portion of its Services at any time. THE RESTAURANT ACCEPTS THAT DEVELOPER MAY TERMINATE THE SERVICES AND BLOCK THE RESTAURANT'S ACCOUNT IMMEDIATELY WITHOUT NOTICE, SHOULD THE RESTAURANT BE FOUND IN VIOLATION OF ANY TERMS OF THIS AGREEMENT.
• 6.2. If the Restaurant's account is blocked by the Developer or this Agreement is terminated by the Developer because of the Restaurant's violation of the Agreement or abuse of the Services, the Restaurant shall be prohibited from re- activating their account or registering another account with the email address to access and use the Services.

7. LIABILITY

• 7.1 Exclusion of liability: Developer, and their respective licensors, will under no circumstances be liable to the Restaurant or their Diners accessing this Application, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Application, the Services (including the use, inability to use or the results of use of the Application or Service), or this Agreement, for:
  • 7.1.1. any loss of profits, sales, business, or revenue;
  • 7.1.2. loss or corruption of data, information or software;
  • 7.1.3. loss of business opportunity;
  • 7.1.4. loss of anticipated savings;
  • 7.1.5. loss of goodwill; or
  • 7.1.6. any special, indirect, punitive, incidental, exemplary or consequential damages, even if advised of the possibility of such damages or losses
• 7.2. Additional costs: The Restaurant assumes full and sole responsibility for any additional or associated costs that may be incurred in connection with or as a result of the use of the Application, including without limitation costs relating to the servicing, repair or adaptation of any mobile hardware, software,or data that their Diner may own, lease, license or otherwise use.
• 7.3. Indemnity: The Restaurant agrees to defend, indemnify and hold harmless the Developer, their licensors and respective affiliates, and each of their directors, officers, agents, contractors, partners, representatives and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with your breach of this Agreement or your violation of any law or the rights of any third party including their Diners with respect to the Application or the Services.

8. MODIFICATIONS

The Developer may at any time and from time to time modify or discontinue, temporarily or permanently, the Application or the Services, or any portion thereof, with or without notice. The Restaurant agrees that Developer shall not be liable to the Restaurant any third party for any modification, suspension or discontinuance of the Application or Services.

9. MISCELLANEOUS

• 9.1 The Restaurant agrees that Romanian law will govern this Agreement, the Application and the Services. The Restaurant also agrees that any dispute arising out of or relating to this Agreement, the Application or the Services will be subject to the exclusive jurisdiction and venue of the Courts in Romania without reference to conflict of laws principles.
• 9.2 The Restaurant accepts that this Agreement comprises of the entire agreement between the Developer, Restaurant and their Diners and supersede all previous and/or contemporaneous agreements and understandings, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.
• 9.3. Nothing in this Agreement should be interpreted so as to construe that the Parties are partners or have entered into a partnership.
• 9.4. The Developer shall have the right to add to or modify the terms of this Agreement at any time, provided that Developer posts the modified agreement at such URL as Developer may provide. The Restaurant will be notified of such changes through the direct messaging system built within the Application. Any changes or modifications to this Agreement will become binding either (i) by the Restaurant's & Diner's online acceptance of updated terms, or (ii) after the Restaurant's & Diner's continued use of the Services or the Application after such terms have been updated by the Developer. THE DEVELOPER MAY ADD TO OR MODIFY THE TERMS OF THIS AGREEMENT IMMEDIATELY AND WITHOUT PRIOR NOTICE IF IT HAS GOOD FAITH BELIEF THAT THE AMENDMENT IS NECESSARY FOR THE SAFE AND REASONABLE ENJOYMENT OF THE SERVICES OR THE APPLICATION.
• 9.5. The Restaurant shall not assign their license to use the Services, any debts, fees, or charges owed through the Services or the Application, or any other obligations owed to the Developer through the use of the Services, under any circumstance.