TERMS AND CONDITIONS

Last updated 6th of January, 2022

1. INTRODUCTION AND DATA OF Menuistic.

The website https://menuistic.com (hereinafter, the "Website") is owned by the company TMI Aki Rautio (hereinafter, the "Menuistic").

Menuistic puts the Website at your disposal so that you can get to know us better, know the services we provide and if you wish, you can contact and, where appropriate, contract with us.

2. PURPOSE AND SCOPE OF APPLICATION OF THE TERMS OF USE

These conditions of use constitute, together with the Privacy Policy and the Cookies Policy, the legal framework that regulates the use of the website https://menuistic.com. These conditions of use will be available to you on the website in English so that you can consult, archive, or print them at any time and whenever you want.

To know any questions regarding the treatment carried out by Menuistic. of your personal data, please visit our Privacy Policy and our Cookies Policy. Both policies will also be available to you in English so that you can consult, archive, or print them at any time.

Menuistic uses third-party cookies on the Website. To find out more about the type of cookies used on the web https://menuistic.com, their purpose, and how to configure your browser in case you do not want us to use these cookies, please visit our Cookies Policy.

Both these conditions of use, as well as the Privacy Policy and the Cookies Policy, have been prepared in accordance with the provisions of current applicable regulations, among others, the Law 34/2002, on Services of the Information Society and Electronic Commerce and Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and by which Directive 95/46 / CE is repealed.

3. ACCESS TO THE WEBSITE AND ACCEPTANCE

Access to the Website is free except for the part related to the cost of the connection through the telecommunications network provided by the Internet access provider that you have contracted. You can freely browse the Website and access it as many times as you want. To access and navigate the Website, you do not need to register, except if you want to hire a service.

The use of the website gives you the condition of user of the website (hereinafter, the "User") and implies your full and unreserved acceptance of these conditions of use, as well as the Privacy Policy and the Cookies Policy of the Website. Furthermore, you agree not to use the Service for illegal purposes.

By accessing the Website and browsing it, you declare under your responsibility that you are of legal age and that you have the necessary legal capacity to access the Website and use it, also declaring that you fully understand and accept these conditions of use without reservation.

On the other hand, we inform you that for legal reasons we archive the electronic documents in which the purchases are formalized. You can access these documents at any time by requesting them at: info@menu.cards.

4. CONDITIONS OF USE OF THE WEBSITE

The User agrees to use the Website in accordance with these conditions of use, current legislation, and good faith. Thus, the User will respond to Menuistic. and before any third party for the damages and losses derived from the use contrary to these conditions, the legislation and the good faith made by the User of the Website.

5. DESCRIPTION OF THE SERVICE

Through Menuistic, a customer can create and share their menus to customer with different channels. The language in which the contract between Menuistic and the buyer will be concluded will be that of the country of origin. The purchase process in the online service will be as follows:

• You must register on the website with a email and password.
• When you want to enable extra features that are behind subscriptiong. Go to profile page and enable subscription.
• You are redirect to our suppliers page to enter your card details and pay the first subscription part.
• You will be charged automatically every time the period is over if you haven't cancelled the subscription.

5.1 Subscription

Subscription to the Service is monthly / yearly for an amount of €6/€60 and will be automatically renewed for the same period of time until its termination. Unless you cancel your subscription, you authorize us to charge the corresponding annual subscription fee to your payment method.

You can cancel your subscription to the Service at any time, and you will continue to have access to it until the end of your annual billing period. To the extent permitted by law, payments are non-refundable and we do not provide refunds or credits for partial annual subscription periods.

6. PRICE AND TAXES

The prices of the products offered on Menuistic are indicated in euros (€), the Value Added Tax (VAT) in force at the time of purchase is levied on the price of the products.

In any case, the operation could be exempt or not subject to VAT depending on your country of residence or the condition in which you act. For this reason, in some cases, the final price of the order may be altered with respect to the one shown.

Purchases made by subjects exempt from VAT payment will indicate this by sending their VAT/NIF number by email to contact@menuistic.com, not recording purchases with said tax.

7. PAYMENT METHOD

Online payment of the purchased service can be made by credit or debit card, Apple Pay or Google pay.

In this sense, Menuistic informs credit and debit cardholders that transactions in the online store are carried out through a secure payment gateway, using SSL technology to guarantee the security of data transmission.

8. RIGHT OF WITHDRAWAL AND REFUNDS

8.1. Right of withdrawal

Given the type of product that provides services online all the time for the businesses, the right of withdrawal will not be applicable according to general laws for the defence of the consumer user.

8.2. Refunds

Regardless of the plan chosen by the user, the amounts paid by the user and to the extent permitted by law will not be refundable.

The contracted service may not be assigned or transferred to other users of the Service.

In any case, the user may make use of the contracted service until the end of the contracted period.

9. VALIDITY OF OFFERS

The services offered in the Service, and their prices will be available for purchase while they are in the catalog of services displayed through this website.

In any case, Menuistic reserves the right to make the modifications it deems appropriate in the Service, being able to update products and services depending on the market.

Menuistic reserves the right to change prices without prior notice.

We inform you that despite the updates that are made to the prices of the Service, they could contain errors. We will promptly correct any errors that appear, but they will not be binding on the Service.

10. SAFETY

As indicated above, the entire purchase procedure, as well as the transmission of your personal data and payment systems, is carried out on a secure page and in an encrypted way through the SSL protocol.

We guarantee the security of the Service in accordance with current technological knowledge. However, Menuistic cannot guarantee the full future security of the Service. In any case, we do promise to correct and implement the appropriate corrective measures to correct a possible security breach as soon as possible.

You agree to notify Menuistic, immediately and via email contact@menuistic.com of any situation that could lead to the impersonation of a user's identity.

11. MODIFICATIONS AND NULLITY

We may update the terms and conditions of the Service in the future, as well as the features and functions of the Service itself.

We will inform you of the changes in terms and conditions by placing a notice in a prominent place on our website and/or by email.

If any clause included in these terms and conditions is declared, totally or partially, null or ineffective, it will only affect said provision or the part of it that is null or ineffective. The terms and conditions will subsist in everything else, having such provision, or the part of it that is affected, by not being placed.

12. CLAIMS AND ACTIONS DERIVED FROM THE CONTRACT

According to the applicable regulations, Menuistic informs of the existence of a European online dispute resolution platform that facilitates the out-of-court resolution of such disputes for contracts also concluded online between consumers and Internet service providers. This platform can be accessed through the following website: http://ec.europa.eu/odr

13. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The Website and its contents are subject to protection in the application of current national regulations on Intellectual and/or Industrial Property, as well as in the application of the international conventions applicable in such matters. Menuistic is the owner or has duly licensed all the Intellectual and Industrial Property rights on the Website and its contents.

Any form of reproduction, distribution, public communication, transformation, making available, and, in general, any other act of exploitation whether or not for commercial purposes of the Website or its contents, without the prior express consent of Menuistic. It is expressly forbidden to erase the identifying data of Menuistic as the owner of the Intellectual and Industrial Property rights of the Website or its contents.

Menuistic reserves all Intellectual and Industrial Property rights over the Website and its contents, also reserving the exercise of any legal actions that correspond to it in order to cease, prevent or prosecute any illicit use of the Website or its contents. In no case and under no circumstances does access to the Website or its use by the User or third parties constitute or imply an assignment of any kind by Menuistic of the Intellectual or Industrial Property rights of the Website or its contents. In no case, the lack of requirement by Menuistic to cease use of the Website or its illegal content contrary to these conditions may be understood as tacit consent by Menuistic to such uses or as a waiver of the exercise of any legal action that may correspond to it.

14. RESPONSIBILITIES AND GUARANTEES

The User must use the Website and its contents in accordance with the provisions of these conditions of use, current legislation, and good faith. Any use of the website or its contents contrary to these general conditions, the law, or good faith is expressly prohibited, regardless of whether said use has an economic purpose or not.

The User will be responsible for any damage or harm caused to Menuistic or to third parties derived directly or indirectly from any use that the User makes of the Website or its contents contrary to these conditions, the law, morality, public order, or good faith.

For the Website and its contents to be accessible to the User, Menuistic requires services provided by third parties. It is possible that despite the efforts made by Menuistic to keep the Website available and accessible to users, its availability may be suspended, interrupted, or canceled for reasons beyond Menuistic. That is why Menuistic does not guarantee the absence of interruptions or errors in accessing the Website or its contents, nor that they are updated or always displayed in their latest version. Consequently, Menuistic declines any responsibility for damages that may be derived to the User or third parties as a result of the suspension, interruption, lack of continuity, network outage, or disconnection of the Website.

In no case and under no circumstances will Menuistic be liable for damages or losses derived to the user from causes not attributable to Menuistic such as, by way of example and in no case limiting, natural disasters, situations of force majeure, or extreme urgency, viruses, harmful components, browser malfunctions, network drops, computer intrusions or third-party attacks.

15. LINKS

The websites, platforms, forums, chats, blogs, or external social networks that link or link to the Website must clearly inform that they do not have the authorization or supervision of Menuistic and that said linking or link does not entail, suppose or imply association of any kind between Menuistic and the websites, platforms, forums, chats, blogs or external social networks that link or link to the Website.

In any case, any link that is destined for the Website must be directed directly to the home page or home page of the Website by clicking on the URL of the website covering the entire screen of the home page or page of the start of the Website, so that the link is absolute and complete without the use of frames, frames or hyperlinks.

Menuistic does not respond in any case and under any circumstances to the content, information, or data related to the website, its content, or any other matter contained in the websites, platforms, forums, chats, blogs, or third-party social networks that link or link to the Website.

It is expressly forbidden to link or link to the Website from websites, platforms, forums, chats, blogs, or social networks contrary to the law, morals, and good customs, especially those with pornographic, illicit, illegal, or infringing human rights content.

On the other hand, the Website may contain links to third-party websites, platforms, forums, chats, blogs, or social networks. Menuistic does not have the human and/or technical means to know or control the information and content that appear on third-party websites. Therefore, in no case will Menuistic be responsible for the content of the linked sites, and under no circumstances may be said links be considered effective knowledge of the content of the sites to which they link.

16. DATA PROTECTION

As established in its Privacy Policy, Menuistic undertakes to use User data, to respect its confidentiality, and to use it in accordance with the purpose of the treatment, as well as to comply with its obligation to save it. and adapt all measures to avoid alteration, loss, treatment, or unauthorized access in accordance with the provisions of current legislation regarding the protection of personal data.

The Website incorporates appropriate safeguards and uses industry-standard technology to improve the security, integrity, completeness, accuracy, and protection of the personal data it has collected and has established reasonable precautions to protect that information from possible loss or misuse. Its rules on data protection and security are periodically reviewed and improved when necessary, and it strives to ensure that only authorized persons can access the information provided by the User.

To learn more about the management and treatment carried out by Menuistic of your data, please read our Privacy Policy.

17. DURATION AND MODIFICATION

These conditions of use will be in force for as long as they are exposed to users, so that as soon as they are totally or partially modified or updated, these conditions will cease to be in force, being the new conditions of use that go on to regulate the use of the Website.

Menuistic reserves the right to review, modify or update these conditions of use at any time. In the event of any change in these conditions of use for any reason, Menuistic will notify users on the homepage of the web about said circumstance so that they are duly informed and can consult the revisions, modifications, or updates of the present conditions of use to your satisfaction.

18. GENERAL

In no case and under no circumstances may the lack of exercise of your rights by Menuistic be understood as a waiver of them.

The headings contained in these conditions are merely indicative or informative so that they do not affect, qualify or expand the interpretation thereof.

In the event that any of the clauses contained in these conditions were declared null, abusive, or unenforceable, totally or partially, by a judicial or administrative body, said the declaration will individually affect the clause in question, taking it as not and without the declaration of nullity, abuse or inapplicability being extended under any circumstances to the rest of the conditions, which will subsist.

These conditions of use, as well as the Privacy Policy and the Cookies Policy, are governed by current Spanish regulations at all times.

19. CUSTOMER SERVICE

For any clarification, incident, or claim, you can contact us through: E-mail: contact@menuistic.com