1.       Terms of Use

 

Thanks for choosing Menu.ge. This Terms and Conditions Agreement sets forth the standards of use of the Delivery Service and acceptance of orders and applies to all individuals who use our website, application, including mobile application (“app”), and / or orders through telephone call product or service of ours that hyperlinks to this Agreement.

 

By using www.menu.ge website and its application, you (the “User”) agree to these terms and conditions. Internet Projects Georgia LLC (menu.ge) reserves the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modification shall become effective immediately upon being posted at www.menu.ge website and application. Your continued use of Menu.ge service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.

 

These terms and conditions govern all use of the software and the services marketed by Menu.ge including but not limited to the application named Menu.ge and all additional software that is available now and, in the future, including any software, programs, documentation, tools and updates (including software maintenance, service information, help content, bug fixer or maintenance releases).

 

Within our Services, there may be links to third-party websites or applications to make products available to you. You understand and agree that we are not responsible for the content or privacy compliance of third-party websites or applications. You should check those websites or applications for their privacy statements and terms that apply to them.

 

2.       Delivery Services

 

Menu.ge Delivery Service provides you an online platform, located at the address www.menu.ge and mobile application on the mobile devices (such as AppStore (iOS), android, and other smartphone digital distribution platforms) to order different Products online from the list of the Vendors and other listed services by pre-paying for the service via banking channels made available to you or paying cash at the time of use delivering your Product or other services to your delivery address. Menu.ge does not own, sell, resell, furnish, provide, prepare, manage and/or control the Vendors or the related services provides in connection thereof. Menu.ge responsibilities are limited to: (i) facilitating the availability of the Services; and (ii) serving as the limited agent of each Vendor for the purpose of accepting cashless or cash payments from you for your orders and delivering your order. It means that you assign Menu.ge to transfer the payment of the cost of the Products delivered to the Vendor.

 

You understand and agree that our Delivery Service is available to you only in the territory of Georgia. Accordingly, products purchased through our online platform may only be distributed to you if you currently stay inside of the country.

 

3.       User Registration and User personal identifiable information

 

By signing up to our website, or downloading our mobile application, or ordering service and product through visiting our website, you agree to the terms and conditions of Product Delivery and Privacy Statement which apply to all services listed on www.menu.ge and its application

 

 

Singing up to the personal account at www.menug.ge or application means that Menu.ge must have the following information:

-          Your address, including the postcode, of the billing address associated with the payment credit or debit card;  

-          Your home address number and/or mobile telephone number;  

Your email address, so Menu.ge can supply you with important information such as your order confirmation and delivery details.

 

You are responsible for safeguarding your Menu.ge personal account and your banking details. You agree that you will not disclose password to any third party and that you will take sole responsibility for any activities or actions under your Menu.ge personal account. You should immediately notify Menu.ge of any unauthorized use of your Menu.ge personal account.

 

You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Menu.ge reserves the right to suspend your Menu.ge personal account and your access to the service if any information provided during the registration and thereafter is inaccurate, not current or incomplete.

 

4.       Pricing & Payment Methods

 

The price of products charged will be as quoted on the website and application at the time you confirm order with Menu.ge. The cost of products includes all taxes. The Vendor and Menu.ge have a right unilaterally change the price of product and cost of delivery. Nevertheless, please pay attention that the Vendor has no right to unilaterally change the cost of delivery and Menu.ge has no right to unilaterally change the price of product. The Vendor and Menu.ge have no right in their discretion to change the cost of Products and Delivery on the orders accepted for execution, except if there is an obvious error regarding the price of the product and cost of delivery. Due to different product promotions the prices displayed on the website and application may vary to original prices. You agree to pay all fees and charges incurred in connection with your purchase including any applicable taxes.  The final charges for your order may be different than those stated on the website and app. Menu.ge does not assume any responsibility or liability to the actions, products, and content of any third parties related to the creation or delivery of your order.  Menu.ge may require additional verification or information before accepting any order.

 

Payment method for products delivery shall be: (i) pre-paying for the product and delivery via banking channels made available to you or (ii) paying cash at the time of delivering your products to your delivery address. You as a user agree to assign Menu.ge to transfer the payment of the cost of Products to the Vendor. You understand and agree that Menu.ge transfers the right to deliver your product to your delivery address to its courier who from his side is entrusted to deliver your payment of the cost of product and service to the Vendor and Menu.ge

 

5.       Ordering, Delivery, Cancellation & Refund

 

Essential terms of ordering and delivery, cost of products is available on Menu.ge website and App.

 

You agree to take particular care when providing Menu.ge with your personal details and warrant that these details are accurate and complete at the time ordering. Any order that you place with Menu.ge is subject to approval / confirmation of product availability, delivery capacity and acceptance by Menu.ge and the Vendor. Please thoroughly check the address of delivery of your product because if our courier delivers the ordered product to the incorrect address that later was changed from your side, you will be charged twice to pay cost of delivery. 

 

When you place your order online, we will send you an email (message via personal account, phone call or SMS) to confirm that we have received it. This (email, SMS, personal account) confirmation will be produced automatically so that you have confirmation of your order details. You must inform us immediately if any details are incorrect. The fact that you receive an automatic confirmation does not necessarily mean that either we or the Vendor will be able to fill your order. Once we have sent the confirmation (via email, SMS, phone call, personal account) we will check availability and delivery capacity. If the ordered product and delivery capacity is available, the Vendor will accept order and confirm it to Menu.ge. If the details of the order are correct, the contract of delivery will be confirmed by email, SMS, personal account notification or phone call. The confirmation message will specify delivery details including the approximate delivery time specified the Vendor and confirm the price of order.  

 

If delivery is not available Menu.ge also let you know by personal account notification, email, phone call or SMS.

 

Delivery period quoted at the time of ordering are approximate only and may vary.

 

If you fail to accept delivery at the time they are ready for delivery or Menu.ge is unable to delivery at the nominated time due to your failure to provide appropriate instructions or authorization, then the Product shall be deemed to have been delivered to you and all risk and responsibility in relation to such Product shall pass to you. In case of your absence at the delivery address for longer than 10-15 minutes after the delivery service arrival, you are obliged to pay the cost of the product and the delivery service. Any storage, insurance and other costs which Menu.ge incurs as a result of the inability to deliver shall be your responsibility and you shall indemnify in full for such cost.

 

You must notify Menu.ge immediately if you decide to cancel or change your order, preferably by phone. If the Vendor accepts your cancellation, no cancellation fee applies. Sometimes cancellation is not guaranteed since each Vendor has specific time established for cancellation of orders. Menu.ge will not be able to refund any order, which has been already dispatched. Receiving full or partial refund from changed or cancelled order is not always guaranteed from the side of Vendor or Menu.ge.

 

In the unlikely event that the Vendor delivers a wrong item, you have the right to reject the delivery of the wrong item and you shall be fully refunded. If the courier delivered different product or insufficient quantity of your original order, you have the right to reject the delivery and request back your payment fully, or per your decision, request from the courier to deliver originally ordered product or the quantity of the product that you have ordered. If you decide to reject the delivery, the whole amount you have paid will be transferred back to your account, or if you were supposed to pay the price of the product to the courier, you will not be requested to pay such price. If you agree and give the courier additional time to bring your original order or sufficient quantity of the product, you will not be requested to pay additional delivery service fee to the courier. 

 

 6.       Limitation of Liability

 

Great care has been taken to ensure the information available on this Website and Application is correct and error free. We apologize for any errors or omissions that may have accrued. We cannot warrant that use of the Website and Application will be error free or free for purpose, timely, that defects will be corrected.

 

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 application, or your consumption of any product from any Menu.ge related Vendors.

 

We disclaim any and all liability for the composition and quality of any products purchased through Menu.ge. This does not affect your statutory rights as a customer

 

We shall not be held liable for any failure or delay in performing delivery service where such failure arises as a result of any act of 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 Georgian law or governmental order, rule, regulation or direction and acts of third parties.

 

We do not accept liability for any indirect loss, consequential loss arising out of inaccurate or inattentive use of the Website. We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely as safely as possible. However, we cannot be held liable in the extremely unlikely event a breach in out secure computer servers or those of third parties.

 

7.       Privacy Statement

 

This Privacy Statement of Menu.ge outlines how your personal identifiable information and other information about you (your user information) will be collected, used, and shared for marketing purposes.

 

This Privacy Statement also describes your choices and rights regarding the use, access to and correction or deletion of your information. By using Menu.ge website and application, you acknowledge that you understand that we will use your user information in accordance with this Privacy Statement and Georgian Legislation.

 

By signing up as a user of our system you provide clear but unequivocal affirmative consent to the collection, processing, and sharing of your user information via cookies and similar technologies.  You understand and agree that we collect and change personal information about you from your interactions with us and from certain third parties and other sources where permissible.

 

 

When you use the site, your user information may be collected, used, and shared in a variety of manner. User information we collect automatically may include information like full name, telephone numbers, email address, delivery address, information relating to your payment instruments such as the number of your payment cards and its expiration data, which will not be stored since Menu.ge uses a third party payment system for processing of payments.

 

The personal information we collect consists, as written above, of the following:

-          Name and contact data, such as full name, email address, postal address, telephone number and other similar contact data;

-          Payment information, such as payment card number (if payment made through bank) automatically generated in your account which enables you to further purchase additional products and services and proceed with the payments easily; we may collect limited information like card’s type, expiration date, last four digits

-          Account Credentials, such as, your username to our online platform;

-          Device information, such as information about your device, IP address and provider;

-          Location data for services with location-enhanced features;

-          Demographic information;

-          Browsing history such as information about which products are navigated most often;

-          We may also collect information you voluntarily add to your profile

 

Some of this information may be collected using cookies and similar tracking technology. Menu.ge use your user information for Advertising and direct Marketing purposes. We may deliver marketing and event communications to you across various platforms such as email, telephone, text messaging, pop up advertisements, direct mail and online. 

 

You understand and agree that Menu.ge may disclose your user information to any other person with your consent, having expressed by signing this user terms and conditions with its privacy statement. To personalize your experience and improve our service for you, we share personal information with our business partners and third-party service providers only, the person providing for your access to our Services. Our partners and third-party service providers are not permitted to share or use personal information we make available to them for any purpose other than to provide services to us and you. You can remove your consent to this use or modify your related user information by contacting Menu.ge.

 

If you are less than 18 years old, please do not send any user information to us, including information such as your name, address, or email address. Menu.ge does not knowingly collect any user information from children under age of 18.

 

Your user information may be transferred to, and processed in, countries other than country in which you are resident in connection with your use of the site and application. Nevertheless, your personal information will remain protected in accordance with this Privacy Statement.

 

There are several reasons of the collecting and processing of your personal data:

-          To provide the delivery service and carry our obligations

-          To handle your payments and refunds

-          To provide partner Vendors with the information necessary for the preparation or delivery of your order

-          To solve your complaint

-          To prevent the menu.ge system from fraud, misuse of our services, network security

-          To deliver different promotional and marketing offers 

-          To ensure quality and customer satisfaction level control

 

By accepting the User Terms and Conditions you agree to receive commercials, marketing and promotional communications from Menu.ge.  If you no longer wish to receive commercials, marketing and promotional communications from us, you can opt-out at any time by contacting Menu.ge.

Please be informed that we keep the information received from you and recorded calls (subject to section 8 below) for the term that is necessary for achieving the purposes of their proceeding. Such average term for Menu.ge is up to 6 months. After reaching the purposes we delete all data and recorded files or keep them in a form that excludes the possibility of personal identification.

 

8.       Call recording and Monitoring

 

Subject to the conditions of this agreement, we are following Call Monitoring and Recording practice through the call recording applications while you are calling to make an order. We use call monitoring and recording to ensure excellent customer service is provided, improve performance, train staff, resolve disputes over orders, and make your product delivery to you better.

You will be notified at the beginning of tour call that call will be monitored and recorded, meaning that you will hear a pre-recorded announcement at the beginning of the conversation. Our announcement message should be recorded into audio file together with the conversation and may be used as a proof of your notification because your continued participation in telephone conversation serves as express consent to be monitored or recorded.

Our application may be used for call tracking, SMS communication, call recording, call classification, call transcriptions, archiving and collecting information about the caller. This information includes the caller’s phone number, the name displayed on the Caller ID (when available), audio recordings, call records, transcriptions, SMS records, SMS message content, and other data that may be correlated through your call. You agree that we and the service providers that we utilize to assist in providing the Service to you shall have the right to access your data and to use it for the purposes as described above.