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Apart from your own users, the data or unpublished content you host with Menuonline can be only be viewed by Menuonline employees and partners who have signed confidentiality agreements.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, 2020Please 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.
- 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.
Responsibility. 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 status. 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 purposes. By using our Service, you represent and warrant that you meet all the requirements listed above.
- Emailing Content.
- Product and Consulting Services.
- What do I pay for the Service?
- How do I pay for the Service?
- Can I get a refund?
- What do we own?
- What do you own?
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).
The 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
- Reporting Abuse.
- Acceptable Use of the Service.
-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 Email.
-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.
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 legal advice.
- LIMITATION OF LIABILITY
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.
- Equitable Relief.
- Links to Other Web Sites.
- Third Party Requests.
- Governing Law.
- Further Assurances.
- Entire Agreement.