THE FOLLOWING KEY POINTS (INCLUDING SECTION REFERENCES) ARE
PROVIDED FOR YOUR CONVENIENCE ONLY AND ARE NOT IN LIEU OF THE FULL TERMS
& CONDITIONS. IT IS YOUR RESPONSIBILITY TO READ THOSE TERMS & CONDITIONS BEFORE USING THE MENUONLINE INC SERVICE.
Using Menuonline means you agree to the Terms & Conditions and represent and warrant you’re authorized by your organization or company to do so. (See s.3 “How it works”)
Menuonline is a permission-based marketing service. Deliberate sending of “spam” or violating the Terms & Conditions will result in the closing of your account. (See s.16 “Acceptable Use of the Service”)
Data you host in Menuonline such as contact records, email content and information you collect through Menuonline belongs to you. (See s.14 “What do you own?”).
The Menuonline software and the content on our website belong to us. (See s.13 “What do we own?”)
Apart from your own users, the data or unpublished content you host with Menuonline can be only be viewed by Menuonline employees and partners who have signed confidentiality agreements. (See s.14 “What do you own?”).
All Personally Identifiable Information (PII) is held only on servers located in Canada. (See s.14 “What do you own?”).
The Menuonline service is subject to the laws of Canada and the province of Ontario. (See s.24 “Governing Law”)
Any requests for your data or content by individuals, police or other regulatory agencies from within Canada or outside of Canada will always be referred to you. The only exception would be if this puts us in violation of Canadian or Ontario law; however, in all cases we will strenuously resist any release of your data by anyone but you. (See s.14 “What do you own?”).
Menuonline security is only as good as your management of usernames and passwords. We don’t charge for Menuonline user accounts so create a separate one for each user and keep passwords secret. You are responsible for your account. (See s.3 “How it works”)
You can cancel your account at any time. We do not provide refunds on any unused credit if you cancel. (See s.3 “How it works”)
We can cancel your account at any time. We do provide refunds for email credits and unused services if we cancel your account. (See s.3 “How it works”)
Your data will be deleted after cancellation and may also be deleted if an account user has not logged in for 12 months or more. We will maintain aggregated data from your account that does not include personally identifiable information for statistical purposes. (See s.3 “How it works”)
Email credits are purchased on a pay-as-you-go basis and never expire. The only exception is if you haven’t logged on to your account for 12 months. In this case, we reserve the right to delete your account, your data and the associated credits. (See s.10 “What do I pay for the Service?”)
We work hard to ensure Menuonline is up and running at all times and to provide advance notice if we need to temporarily suspend the service for maintenance. However, we do not guarantee the service will be up and running at all times and we’re not liable for any losses you suffer from using Menuonline, including losses on your part if the system is not running at a time you need it. (See s.17 “Disclaimers”).
We don’t monitor your content or who you send messages to. However, we do monitor complaints and other problems created by your activities. Too many complaints or problems can result in the cancellation of your service at our discretion. (See s.7 “Monitoring”)
We’re committed to providing excellent Product Support to help you become self-sufficient with Menuonline. We provide support in the form of documentation and video on our website, the Menuonline support ticket system and by telephone. There’s no charge for product support; however, we reserve the right to discontinue support for specific client accounts at our discretion. (See s.5 “Support”)
Product Services is for those times when you want us to do some work related to Menuonline rather than do it yourself. Our rate for Product Services is $135 per hour. We also provide consulting services at higher rates. We reserve the right to change our rates at any time. (See s.6 “Product and Consulting Services”)
We will inform you if we believe there’s been a breach of your data and will make an effort to provide related details and information. (See s.14 “What do you own?”)
We reserve the right to make changes to this agreement at any time. We will attempt to inform you about changes to the terms and conditions but use of the service means you agree to changes in the Terms. (See s.9 “Changes”).
MENUONLINE TERMS & CONDITIONS
LAST UPDATE: January 14, 2020
Please read these terms and conditions of service (the “Terms“) carefully before using this web site (the “Site“). These Terms exempt Menuonline. (“Menuonline” “we“, or “us“)
and others from liability and/or limit our and their liability and
contain other important provisions that apply to your use of this Site.
By visiting or using this Site or the Service, you agree on your own
behalf, and on behalf of any organization on whose behalf you may act
(collectively referred to herein as “you“), to accept and abide by these Terms for each use of and each visit to this Site.
- Our Services.
The services that we offer through the Site a service that allows you to create, send, and manage email messages (“Emails“) to recipients of your choosing (the “Service“).
Subject to these Terms, Menuonline hereby grants you a non-exclusive,
limited, non-transferable license during the Term to view the Site and
use the Service as permitted by the features of the Service. We reserve
all rights not expressly granted herein in the Service and the Menuonline
Content (as defined below).
To use the Service you need to register for an account. Your account
is free. Your account gives you access to the Service and functions that
we may establish and maintain from time to time. To be eligible for an
account you must:
- How it works.
– be at least eighteen (18) years old and able to enter into contracts;
– complete the registration process that we have set out;
– agree to these Terms; and
– provide true, complete, and up to date contact and billing/payment information.
You are solely responsible for the activity that occurs on your
account, and you must keep your account password confidential and
secure. Accounts are free, so we encourage you to set up a different
account for each user you have. You are also responsible for any account
that you have access to, whether or not you authorized the use of that
account. You agree that are solely responsible for your interactions
with those to whom you send Emails, and you will only send Emails to
those people from whom you have consent. You must immediately notify us
of any unauthorized use of your accounts.
Compliance with the Canadian Anti Spam Legislation (CASL) Menuonline's role is to facilitate the management of consent
settings, not to enforce legislation. It is your responsibility to be
compliant with CASL. We help you by setting default
functionality and by facilitating obtaining and updating documented
express consent and managing rolling expiry dates for implied consent.
You are in full control of managing consent for your database; you can
update the consent status for all of your contacts in bulk any time,
override default settings and disable auto-expiry of implied consent
Information on our website, help documentation, presentations and provided by our staff does not constitute legal advice.
Closing Your Account.
Either you or Menuonline Inc may terminate this Agreement at any time and
for any reason by giving Notice to the other party. If you provide any
information that is untrue, inaccurate, not current or incomplete or use
the Service in a way that violates these Terms, we have the right to
immediately suspend your account and terminate your access to the
Service in addition to any other remedies available to us. If you do not
use your account for twelve (12) months, we may cancel your account. If
we terminate your account for any reason, we will refund you for any
Credits you have left. Once terminated, we will permanently delete your
account and all the data associated with it, including the Emails you
have sent. We may maintain aggregated data from your account that does
not include personally identifiable information for statistical
By using our Service, you represent and warrant that you meet all the requirements listed above.
- Emailing Content.
When interacting with Menuonline via this Site or the Service, you
agree to provide true and accurate information. Further you understand
that providing confidential information via email is an unsafe practice.
You understand that you are solely responsible for anything that you
send to anyone using our Service.
We provide you support to help you become self-sufficient with the
Service. We provide you with support in the form of documentation and
videos on the Site, the Menuonline support ticket system and by
telephone. You can reach us by clicking on the “Support” tab at the top
of the Site. There’s no charge for product support; however, we reserve
the right to discontinue support for specific client accounts at our
- Product and Consulting Services.
Product Services is for those times when you want us to do some work
related to Menuonline rather than do it yourself. Our rate for Product
Services is $125 per hour. We also provide consulting services at higher
rates. We reserve the right to change our rates at any time.
Information provided through our website, support responses, advice
and recommendations from our consultants or any other communications
directly or indirectly from Menuonline does NOT constitute legal advice.
We will not monitor or judge the content of information transmitted
over the Service, but will investigate if we receive complaints of
possible inappropriate use. Menuonline may, at any time and in its sole
discretion, make determinations that particular uses are or are not
appropriate with or without notice to you, according to the following
The Term begins when you sign up for an account with us and continues
as long as you use the Service. You represent and warrant that you have
the authority and ability to sign up for an account for us (including
if you sign up on behalf of an organization).
We may decide at any time and for any reason to add to, remove, or
change any part of these Terms. If we do, we will update the “Last
Update” notice at the top of this document to reflect the date we made
those changes. The changes to the Terms will be effective as of the date
the changes to these Terms are posted to the Site. If any change to
these Terms is not acceptable to you, you must stop using the Service
immediately. If you keep using the Site or the Service after we posted
the changes to the Terms, you agree that you will be deemed to have
accepted those changes. We may change the Site, the Service, or any
features of the Service at any time.
- What do I pay for the Service?
You may buy pre-paid credits to send Email (“Credits“)
through our Service, as we describe in detail on the “pricing” page of
our Site. The Credits never expire and there are no recurring fees for
these Credits. The only exception is that if you do not use your account
for twelve (12) months, we may cancel your account and any unused
Credits. We may change our pricing at any time by updating the pricing
pages of our Site, which will take apply to your next purchase of
- How do I pay for the Service?
You can pay for Credits using any major credit card. We may change which methods of payment we accept at any time.
- Can I get a refund?
The amounts you have paid for using the Service are non-refundable if
you cancel your account. If we cancel your account, we will refund you
for any Credits you have left.
- What do we own?
Except for the content that you provide to us (including, without
limitation, contact records, email content and information you collect
through the Service) (“Your Content“), all materials
included on our Site, the Service and all materials therein or
transferred thereby, including without limitation, software, images,
text, graphics, illustrations, logos, patents, trade-marks, service
marks, photographs, audio, videos, music, and content belonging to other
Users (the “Menuonline Content“) (and all intellectual property rights related thereto) are owned by us or our licensors.
- What do you own?
We claim no ownership rights over Your Content. Your Content is yours
and you retain ownership of Your Content that you upload to the
Service. By sharing Your Content through the Service, you agree to allow
others to view, edit, and/or share Your Content in accordance with your
settings and these Terms. You represent and warrant that you either own
or have permission to use all of the material that you use in your
Emails. We may use or disclose your materials only as we describe in
Menuonline respects the privacy of its users. Any personal information
which Menuonline collects via this Site or the Service is subject to the Menuonline Privacy Statement
which is incorporated by reference into these Terms. We may use and
disclose your information according to our Privacy Statement.
Menuonline will not provide access to Your Content to anyone except
those employees and contractors of Menuonline who have executed
appropriate confidentiality agreements with us or we have your consent.
If we receive a request from a government or regulatory authority to
have access to Your Content, we will notify you of the request and seek
your consent before we release any of Your Content. We will resist any
requests for Your Content and will not release Your Content in response
to this type of request without your permission or being required to by a
court of competent jurisdiction or the applicable regulatory body.
In the event that we become aware that Your Content has been subject
to unauthorized access, use, copying, theft, loss, or use or disclosure
in violation of these Terms (a “Breach”), we will notify you promptly
and inform you of what took place. You agree that Breaches will be
handled in accordance with applicable law, and if we need you to inform
members of your Email distribution lists then you will agree to do so
promptly and as we direct.
We will retain and use and transmit Your Content in Canada except
with your prior written approval or direction (for example, if you
choose to send Your Content to individuals outside of Canada).
servers used to provide the Service are located in Canada.
If you have trouble accessing Your Content, Menuonline will assist you to retrieve Your Content on a time and materials basis.
RULES AND ABUSE
If you believe anyone is violating any of these Terms, please notify
us immediately. If you received spams you think came from another user
of the Service, if you think another user of the Service has posted
material that violates any copyrights, or if you think anther user of
the Service is otherwise violating these Terms please contact us at Support@Nento.com.
- Reporting Abuse.
- Acceptable Use of the Service.
You represent and warrant that your use of the Service will comply
with all applicable laws and regulations. You agree that you are
responsible for determining whether the Service will comply with and are
suitable for you to use in your jurisdiction. For greater certainty,
you agree that you shall (and agree to ensure that your employees,
agents and authorized users shall):
-only use the Service in a way that complies with the law and
regulations, including data protection, electronic communication, and
privacy laws that apply to the countries where you are sending any
-not use the Service to spam, or send any Email that is unlawful,
harmful, abusive, harassing, offensive, infringing, invasive of personal
privacy, defamatory, threatening, profane, or otherwise objectionable.
-not use the Service to send any Email that relates to gambling,
credit cards, debt collection, pharmaceuticals, or adult content.
-not modify, reverse engineer, decompile, create derivative works
from, or disassemble this Site or Service for any reason whatsoever,
including for the purpose of creating competitive products or services.
-not do anything that will interfere with the proper working of the
Service, and you will not upload or send invalid data, viruses, worms,
or other software agents through the Service.
-have all the necessary permissions to send Your Content and to allow
us to send the Emails you create to that individual on your behalf.
We make no representation that the Site or the Service is appropriate
or available for use outside of Canada, and access to them from
territories where their contents are illegal is prohibited. You may not
use or export or re-export the Menuonline Content or other materials at
this Site or any copy or adaptation in violation of any applicable laws
or regulations including without limitation Canadian and U.S. export
laws and regulations. If you choose to access this Site from outside
Canada, you do so at your risk and you are responsible for compliance
with applicable local laws.
The Service and this Site are provided “as is” without any
representations, warranties, or conditions of any kind, and Menuonline
expressly disclaims, to the full extent permissible by applicable laws,
all representations, warranties, and conditions, express or implied, by
operation of law or otherwise, including without limitation any implied
warranties and conditions of merchantability, or fitness for any
particular purpose or use, or non-infringement of third party rights, or
those arising out of course of performance, course of dealing or usage
of trade with respect to this site (including the Content) or the
We do not warrant that this Site will (i) meet your
requirements, (ii) be compatible with your computer or mobile device or
any related equipment, (iii) be reliable, accurate, authentic, current
or complete, (iv) continue to operate, (v) operate or be available
without interruptions, or (vi) be error-free or free of computer
viruses. Menuonline may maintain the Site and perform upgrades fixes or
patches on or to the Site at any time without notice.
Information provided through our website, support responses,
advice and recommendations from our consultants or any other
communications directly or indirectly from Menuonline does NOT constitute
- LIMITATION OF LIABILITY
Menuonline's aggregate liability under this Agreement, whether
in contract or tort (including negligence), as a result of breach of
warranty, strict liability or under any other theory of liability
whatsoever, will be limited to direct damages in an amount not exceeding
the total fees paid to Menuonline under these Terms in the twelve (12)
months immediately prior to the month in which the most recent event
giving rise to liability occurred.
None of Menuonline, its affiliates or their respective
directors, officers, employees, agents or other representatives
(collectively “Menuonline Representatives”) or the operators of any
attached networks will have any responsibility or liability in
connection with this Site or the Service for: (i) any indirect,
consequential, incidental, exemplary, punitive or special damages; or
(ii) for any damages, whether direct, indirect, consequential,
incidental, exemplary, punitive or special, characterized as lost
revenue, lost savings or revenue or lost profits , whether based on
contract (including fundamental breach or breach of a fundamental term),
tort (including negligence) or other legal or equitable basis,
including without limitation damages for harm to business, loss of
information or data, loss of goodwill or other economic loss, arising
from or in connection with or relating to Your use of or access to, or
any inconvenience, delay or loss of use of or access to, this Site, the
Content, the Service or any content of any linked web site, or failure
of those linked web sites, even if Menuonline or any Menuonline
Representatives have been made aware of the possibility of such damages
or loss or if such damage or loss was foreseeable.
You will indemnify and hold Menuonline and/or the Menuonline Representatives (the “Menuonline indemnified parties“)
harmless from and against any claims brought by third parties, and any
fines or penalties awarded against us, arising out of your use of the
information accessed from this Site or your use of the Service, and any
breach of these Terms, including but not limited to any use of the
content or postings other than as expressly authorized in these Terms or
any Emails or other communications sent through the Service. Menuonline shall defend, indemnify and hold you harmless from and
against any and all claims, demands, actions, suits or proceedings made
or brought against you by a third party alleging that your access to or
use of Service in accordance with this Agreement infringes the
intellectual property rights under Canadian law of a third party (an “IP Infringement Claim”)
provided that Menuonline shall have sole control over the defense or
settlement of any such claim. If the use of any of the Services or
portion thereof is, or in Menuonline's opinion is likely to be, enjoined
by reason of such an infringement, Menuonline shall procure at its own
expense the right for you to continue using the Services or impacted
portion thereof, or Menuonline agrees to modify or replace the enjoined
items with equivalent items so they become non-infringing without
adversely altering their functionality.
Either party agrees to notify the other promptly in writing of any
claim that is subject to an indemnification obligation and to cooperate
with the other party by providing such information and assistance as is
reasonably necessary and appropriate for the handling of the defense of
such claim. The indemnities under this section 19 survive termination
or expiry of this Agreement and are your exclusive remedy with respect
to IP Infringement Claims.
- Equitable Relief.
If you violate these Terms then we may seek injunctive relief
(meaning we may request a court order to stop you) or other equitable
relief. You agree that this will be in addition to and without prejudice
to any other rights we may have at law or in equity.
- Links to Other Web Sites.
If we provide any links to third party web sites, they are provided
only for convenience. If you use these links, you will leave our Site.
We do not control these third party sites or endorse them. You agree
that we are not responsible for any of these third party sites or their
content. If you decide to visit any linked site, you do so at your own
risk and it is your responsibility to take all protective measures to
guard against viruses and other destructive elements. Additionally, we
have no responsibility and make no claims about the appropriateness of
the web site content of these external links for minors.
- Third Party Requests.
If we have to provide information in response to a legal or
government request relating to your account or your use of the Service,
then you agree that we may charge you for our costs. These fees may
include our legal fees and the costs of our employee time spent
preparing the response to the request.
This Agreement, and any rights and licenses granted hereunder, may
not be transferred or assigned by you, but may be assigned by Menuonline
without restriction, upon reasonable advanced notice to you.
- Governing Law.
These terms will be governed by and construed in accordance with all
applicable federal laws and the laws of Ontario without regard to its
conflict of law’s provisions. You agree to submit to the exclusive
jurisdiction of the courts of Ontario for the determination of any
dispute concerning these Terms.
If for any reason a court of competent jurisdiction finds any
provision of these Terms or portion thereof to be unlawful or for any
reason unenforceable, then that provision will be enforced to the
maximum extent permissible to give effect to the intent of these Terms,
and the remainder of these Terms will continue in full force and effect
and will remain enforceable.
Any waiver of, or consent to depart from, the requirements of these
Terms will be effective only if it is in writing and signed by us, and
only in the specific instance and for the specific purpose for which it
has been given. Our failure to exercise or our delay in exercising, any
right under these Terms will not operate as a waiver of our rights.
- Further Assurances.
Each party agrees to sign and provide all documents and take any
actions (or cause the doing of those actions) necessary to meet its
obligations under these Terms.
All notices to Menuonline must be in writing and sent to us by email.
Notices to us must be sent to the attention of our customer service
representatives at support@Nento.com.
Notices to you may be sent to the address or email address supplied by
you as part of your registration. In addition, we may broadcast notices
or messages through this Site to inform you of changes to this Site or
other matters of importance, and these broadcasts will constitute notice
to you at the time we post them. If we receive a Notice after 5 pm or
on a non-business day, that Notice will be deemed to have been received
on the next business day.
- Entire Agreement.
These Terms and our Privacy Statement make up the entire agreement
between you and us with respect to your use of the Site and the Service,
and supersede all prior agreements, representations, and understandings
between Menuonline and you with respect to this subject matter. In the
case of any conflict between the Privacy Statement and these Terms,
these Terms will govern. Where Menuonline provides any products,
services, contests or programs that are governed by other terms and
conditions, those other terms and conditions (“Additional Terms”) will
govern with respect to those specific products, services, contests or
programs. In the case of any conflict between the Additional Terms and
these Terms, the Additional Terms will govern.
The parties have expressly requested and required that these Terms,
parties conviennent et exigent expressément que ce Contrat et tous les
documents qui s’y rapportent soient rédigés en anglais. You agree that
priority in the event of any conflict with any translated version.
All provisions of these Terms which by their nature or import are
intended to survive expiration or termination of these Terms, shall
survive, including, without limitation, Sections 17-19.