GENERAL TERMS AND CONDITIONS APPLICABLE TO CUSTOMERS OF FAST MENU
These General Terms and Conditions (“Terms of Service”) are applicable to every use of the Web-based ordering system “Fast Menu” (FAST MENU).
For the services and products offered by merchants who use the services of the
web-based Fast Menu platform, the terms, and conditions of the respective merchant are applicable.
- FAST MENU is a trademark owned by WebTechnology Ltd., which manages the Fast Menu technical platform. It is used by our customers /restaurants and shops/ to accept online orders and process the necessary information required to perform services such as online ordering, shipping, advertising, and marketing on behalf of our clients to provide high-quality and fast end-user service.
- “WEBTECHNOLOGY” Ltd., UIC 201085016 (“FAST MENU”) is a trade company, registered in the Commercial Register at the Registry Agency, with headquarters and address of management in Sofia, 23A Dragan Tsankov Blvd. 113,
- These general Terms regulate the relations between WEB TECHNOLOGY Ltd., hereinafter referred to as PROVIDER or FAST MENU, on the one hand, and on the other – MERCHANTS /restaurants and shops/ or individuals purchasing through the Fast Menu Platform offered by merchants’ products, below referred to as USERS.
- Web-Based Software Platform “Fast Menu” operates as a platform of services available through websites and applications, allowing our Business and individuals to use its services. FAST MENU also offers integration through API for connectivity with other software solutions.
- TheServices that Fast MENU offers to MERCHANTS /Traders/ include the right to use the platform and its functionalities which allow the trader to integrate e-commerce into his own website and to offer various products/services according to the selected plan. According to the selected monthly plan, the MERCHANT pays a price to the PROVIDER as stipulated in Section VI.
- The main services offered by FAST MENU to MERCHANTS /traders/ are:
6.1. Online “Take Away” orders in which service is included:
6.1.1. Using Fast Menu system through the website of the MERCHANT, which involves receiving, processing and transmission of orders submitted by consumers /end users/ for products which the consumer will personally take from its Merchant
6.1.2. Acceptance by the MERCHANT of payments by consumers of the goods/services sold through electronic payment systems and methods, using the payment services provided by the PROVIDER.
6.2. Online Orders with own delivery, in which service is included:
6.2.1. The use of Fast Menu system through the website of the MERCHANT, through which is accomplished acceptance, processing and transmission of orders from consumers for the supply of products offered by the MERCHANT.
6.2.2. Acceptance of payments by the MERCHANT made by users through electronic payment systems and methods, using the payment services provided by the PROVIDER. In this case, the actual delivery is performed by the MERCHANT.
- The additional types of services offered by FAST MENU to MERCHANTS are:
7.1. Online orders with delivery through logistics with couriers, in which service is included:
7.1.1. The use of Fast Menu system via the website of the MERCHANT by which is performed in receiving, processing and transmission of orders for delivery of products/services made by USERS.
7.1.2. Acceptance of payments of USERS via electronic payment systems and methods using integrated payment services offered by the PROVIDER. In this case the actual delivery is done by a person performing services on logistics, with which the Merchant has a logistics contract.
7.2. Management of marketing campaigns in which service is included:
7.2.1. Integration into a web site or sites of the MERCHANT tracking codes – Google Tag Manager, AdWords conversion tracking pixel, Remarketing tracking pixel, etc.), cookies and additional settings for effective tracking of digital advertising campaigns and to carry on his behalf digital campaigns.
7.2.2. Digital campaigns include: creation, management, optimization and monitoring on behalf of the MERCHANT of advertising campaigns in Google AdWords™, Facebook and other branded digital campaigns of the MERCHANT.
II. REGISTRATION OF MERCHANT PROFILE IN FAST MENU
- To start using the Services of FAST MENU, the MERCHANTis obliged to fill in the form for creating a trading account. After giving all the information, gives consent to the processing of this information and pays the fee “Configuration,” begins the procedure for creating a merchant account, which continues until 5 working days. Within this time, the trading profile is configured in FAST MENU. By completing and submitting the Trade Profile Form, the MERCHANT gives consent to comply with these Terms and Conditions.
- TheMERCHANT confirms the proposed date and time (or indicates suitable for him / her) to perform training of the personnel to operate the system and after training starts the system.
- ThePROVIDER provides the MERCHANT with an online store with no content in it. Thelatter need to write the name, the description and the price of the products/services by himself, as well as attaching images of the same, individual terms of sale and anything else that is necessary for the launch and legitimate work of the Online Store.
- The responsibility for the truthfulness and legality of the entered information about thegoods / services and the other content in the Online Store is the registered MERCHANT.
- TheMERCHANTagrees that the PROVIDER is not responsible for the information, texts, images and materials published by him and for their compliance with the applicable legislation.
- ThePROVIDERwill consider his/her counterpart, the person named as the Account Holder. This person will be a merchant of all other profiles that the PROVIDER will create and provide to the MERCHANT in connection with the use of the service.
- If a person creates a Personal Profile, as an employee and within the scope of his/her employment, the Employer shall be the owner of the Personal Profile.In this regard, the employee, by creating a Personal Profile of his employer, with these Terms and Conditions, declares that he is duly authorized to do so by his employer.
- ThePROVIDER doesnot offer or sell to the consumers public goods/services offered through the Online stores of the MERCHANT. The PROVIDER is not responsible for the sale, payment, delivery, complaints and return of products/services to USERS of the Online Store within the Consumer Protection Law and other traders and enterprises within the Competition Protection Law.
- TheMERCHANTis obliged to provide all licenses, permits and registrations for the lawful sale of GOODS/SERVICES through the Online Store.
- TheMERCHANTagrees that any dispute with third parties or imposed sanction or other proprietary responsibility of the PROVIDER, the MERCHANT shall indemnify the PROVIDER for all paid fines, damages, expenses incurred and other costs resulting from unintentional or unlawful actions or omissions of the MERCHANT, including when the latter has pointed to untrue data in the online store, violated the rights of USERS , third party copyrights , personal data, competition rules, and other legal requirements and regulations etc.
III. USE OF THE SERVICES
- 18. The MERCHANT agrees not to use the Spam Mail Service – SPAM.Violation of this requirement is grounds for temporary suspension of the Service provided for which the PROVIDER informs the MERCHANT.Upon re-action, the PROVIDER has the right to unilaterally terminate the provision of the Services without notice.
- Theprovision of the Services does not involve the provision of a domain name.
The PROVIDER may also provide the MERCHANT with other services other than those expressly provided for in these General Terms and Conditions, as agreed in a written contract.
- TheMERCHANT can create a design (“Theme”) on its Online Store or choose to use any type of designs available inFast Menu by paying of a price configuration (for assignment of the right to use it). If the MERCHANT chooses to use one of the “Theme” models, he / she may use the same only for one of its Online Stores.
- If the MERCHANT closes an Online Store, he may use the same design on another Online Store.A MERCHANT using any type designs (“Theme”) by Fast Menu cannot sell, or inferior rights to the same design to third parties. PROVIDER does not warrant that type designs (“Theme”) will be maintained, accessible and available and for the duration of the subscription paid by the Beneficiary and the latter expressly agrees that the Provider has the right to remove, modify or suspend their support at their discretion, which automatically terminates the MERCHANT’s right to use the design.
If the MERCHANT pays his/her monthly subscription on a regular basis, the PROVIDER undertakes to maintain the types of design (“Theme”), retaining the right to modify the same.
IV. USER PROFILE REGISTRATION in FAST MENU
- AUSER wishing to order the delivery of a product/service from a MERCHANT through FAST MENU should create a user profile.
- Tocreate a user profile, the USER must enter a remote access name and password. By filling in his/her details and clicking the “Create Account” button or another if present, declares that is aware of these terms and conditions, agrees with their content and undertakes to comply unconditionally with them.
- The name and passwordfor remote access is determined by the MERCHANT, by means of online registration on the website of the provider via the platform FAST MENU, according to the procedure, specified in the MERCHANT’s general terms and conditions.
- The PROVIDER confirms the registration made by the MERCHANT by sending a letter to the latter’s email address. An account of the MERCHANT is created and between him and the PROVIDER contractual relations arise.
- When making the registration, the MERCHANT is obliged to provide correct and up-to-date data, as well as to update them as necessary.
27. In the FAST MENU, platform offers are published on behalf of the MERCHANTS /restaurants and shops/.
- FAST MENU is not responsible for thecontent of the offers, incl. but not limited to commodity price / service and cost of delivery, as well as details on the MERCHANT /restaurant or the store/.
- The contract for the supply of products/services is between the USER and the MERCHANT /restaurant or shop/.
- Each selected product is placed in the MERCHANT’s virtual basket.Until the order is confirmed, the USER can view and modify the ordered products, quantities, payment method and delivery, other details related to the specific order.
- Uponcompletion of the order by the USER, the MERCHANT /restaurant or shop/ confirms it by sending a message to the e-mail address indicated by the USER. The distance sales contract enters into force from the time the MERCHANT /restaurant or shop/ has confirmed the order.
- The terms and conditions for delivery are governed by the General Terms and Conditions of the respective MERCHANT /restaurant or shop/.
- FASTMENU does not assume responsibility for the performance of the delivery contract under item 29.
- Considering the fact that the object of delivery is perishable products /food and beverages/ the USER is not entitled to cancel /cancel the order accepted by the MERCHANT under theprocedure of item 31. Exceptions are allowed only when the MERCHANT has explicitly stated this still in the form of generating and sending the order.
- The MERCHANThas the rightto cancel the Order, for example, if the Offer is no longer available if the USER has provided a wrong / incomplete telephone number or other contact information or in case of force majeure.
VI. PAYMENT OF THE SERVICES BY THE MERCHANTS AND REPORTING
- 36. The MERCHANTpays the price of theagreed Services under item 6 and item 7 at the beginning of each subscription period. The subscription plan may be set on a monthly or annual basis, as specified in the individual written contract. The price of the services provided depends on the subscription plan and services chosen by the MERCHANT. Information about subscription plans and the included services package
You can set all questions about the Services at email@example.com
- After receiving payment of a subscription price and all necessary invoice data, if they were not provided when creating the Personal Account, thePROVIDERsends the MERCHANT an electronic invoice to the email address indicated by the MERCHANT.
- The MERCHANT agrees and accepts the electronic invoice as a sufficient and valid document on the basis of which the payment can be made.
- By accepting these General Terms and Conditions under item 8, the MERCHANT expressly declares that if he / she does not pay the monthly subscription price for a given period and / or for a particular Online Shop – order menu, he / she does not wish to use the services in relation to this Online store – order menu, or for the unpaid period.
- Non-payment under item 39, entitles the PROVIDER to immediately remove the Online Store / MERCHANTS’ Online Stores from its server without owing the last notification, notice or indemnity.
- 41. THE PROVIDERpreserves the right, but not the obligation to store all or part of the information contained in or associated with an Online Store within 14 days of the expiry date of the last paid monthly subscription, in order to subsequently restore the Online Store to the PROVIDER’s server.
VII. PAYMENT METHODS AND SUPPLIES
- Fast Menu enables the merchant to choose the ways in which the END USERS will receive and pay for the purchased Products. Information about payment methods should be received USER should receive when generating an order on the MERCHANT’s website.
- The PROVIDER offers a mechanism for calculating the cost of transport but does not provide the transport itself.
- The MERCHANT has the responsibility to make a contract with a courier or providing other means of delivery of products to the
- 45. If you encounter a problem with accessing or using the online store, the merchant will notify the PROVIDER on the email address: firstname.lastname@example.org
- From the moment of concluding a delivery contract under item 31 of these General Conditions, the USER is obliged to pay the Order to the MERCHANT /restaurant or shop/.
- The USER can fulfill this payment obligation by using the online payment method via FAST MENU or by paying upon delivery to the door or the place of delivery.
- REIMBURSEMENT of an online payment is only possible if an order cannot be delivered (full)or accidentally complaints under Section Reimbursement is always made on the same account from which the payment was made.
- THE MERCHANT /restaurant or shop/has authorized FAST MENU to accept USER’S payment online on behalf of the
VIII. RIGHTS, OBLIGATIONS AND LIABILITY OF THE PARTIES
- THE PROVIDER reserves the right to terminate the provision of the Services under items 6 and 7 for MERCHANTS whose online stores cause loads or due to other events that violate the normal operation of the Online Store, including if the MERCHANT has exceeded the limits established by the PROVIDER.
- When the MERCHANT grants access to use and manage its Online Store to third parties, it is responsible for the actions of these persons as their own.
- THE PROVIDER may, at its discretion, remove individual materials from the MERCHANT ‘S online store instead of completely discontinue its use in the event that the material infringes copyright, free competition, consumer rights, or others. legal norms of national and / or European legislation or when they have content contrary to publicly accepted moral norms.
- At its own discretion, the PROVIDER is entitled, instead of terminating the Services under items 6 and 7, to request from the MERCHANT to remedy the violation, the latter being obliged to take action to remedy the violation within 24 hours after receiving the notification, if the PROVIDER has not indicated another deadline.
- The PROVIDER has the right at any time to make changes and improvements to the platform as well as the form and content of the services provided as long as the essential functions of the online store are not violated.
- THE PROVIDER has the right to temporarily suspend the services offered if this is necessary for their updating. In such cases, the PROVIDER shall not be liable for damages and lost profits to the MERCHANTS.
- Providing data and contact information from the user / client and / does not oblige the PROVIDER to make contact with the MERCHANT.
- With the acceptance of these General Terms and Conditions under item 8, the MERCHANT declares that he is using the provided service for carrying out his trade or professional activity.
- Claims by the USER are submitted to the PROVIDER only in writing by filling in the contact form or by e-mail. Claims may be accepted by FAST MENU acting on behalf of the MERCHANT.
- 59. Terms and conditions of claim are governed by the terms of the respective MERCHANT / restaurant / shop /.
- When the MERCHANT satisfies the claim, he issues an act, drawn up in three copies, and the mandatory one copy of the user and one of the FAST MENU.
- If the claim is accepted by the MERCHANT / restaurant or shop/, the customer owes the refund of the order to the USER on a bank account specified by him/her or the use of a voucher for the next purchase for a recognized claim amount. The amount can also be refunded by FAST MENU acting on behalf of the MERCHANT / restaurant or shop /.
X. TERMINATION OF THE CONTRACT AND NEGOTIATIONS
- The contract for the provision of the Services under items 6 and 7 under these General Terms and Conditions shall be terminated:
✓▪on expiry of the Contract, in accordance with the subscription plan selected by the MERCHANT;
✓▪upon termination and declaration in liquidation or bankruptcy of one of the parties to the contract;
✓▪by mutual agreement of the parties in writing;
✓▪In case of second non-payment of a price in accordance with the selected tariff plan;
✓▪in the case of an objective impossibility of one of the parties to the contract to fulfil its obligations;
✓▪on seizure or sealing of equipment by state authorities;
✓▪In the cases expressly mentioned in these General Terms or agreed by the parties in an individual written contract.
- THE PROVIDER has the right, at his own discretion, without giving notice and without due compensation to terminate unilaterally the contract if he finds that the services provided are used in violation of these General Conditions, the legislation of the Republic of Bulgaria, the generally accepted moral norms or the generally accepted rules for use of the Online Store Services.
- In the event that the MERCHANT terminates in advance the contract concluded under these General Terms and Conditions, it shall owe to the PROVIDER a penalty in the amount of the due remuneration for the remaining period of the Contract.
- If the PROVIDER has received the full amount for the duration of the contract, the remuneration paid by the MERCHANT is deemed to be a PROVIDER ‘s indemnity for early termination of the contract.
- In the event that a third party complains about the use of the Services in breach of legal provisions, moral rules or the provisions of these General Terms, the parties agree that the PROVIDER has the right to temporarily restrict the provision of the Services under item 6 and item 7 or access to the information of the MERCHANT until clarification of the case.
- MERCHANT undertakes to indemnify and hold harmless the PROVIDER of any claims and other claims of third parties (whether reasonable or unreasonable) for all damages and costs (including attorneys’ fees and costs) arising out of or in connection with:
67 .1. failure to fulfil any of the obligations under this contract,
67 .2. violation of copyright, productions, broadcasting rights or other intellectual or industrial property rights; and
67 .3. the unauthorized transfer of others to the rights granted to the MERCHANT for the duration and under the terms of the contract.
XI. PERSONAL DATA
- FAST MENU processes personal data related to USERS as a personal data processor on behalf of the respective MERCHANT /restaurant / shop / according to Art. 28 of Regulation 2016/679.
- Each USER may exercise his / her rights under Art. 15-22 of Regulation 2016/679, by submitting a corresponding request or application to the MERCHANT /restaurant or shop/ or FAST MENU.
- The exercise of the rights under Art. 15-22 of Regulation 2016/679 and the grounds, objectives and modalities of processing of personal data is done so in accordance with Policy Privacy FAST MENU when complying the organizational and technical protection measures.
XII. AMENDMENT TO THE GENERAL CONDITIONS AND APPLICABLE LAW
- In the event of a conflict between these general terms and arrangements in a special agreement between the PROVIDER and the MERCHANT, the clauses of the special contract shall prevail.
- Any invalidity of any provision of these terms and conditions will not invalidate the entire contract.
- For the outstanding issues related to the implementation and interpretation of the rights and obligations of the parties under these General Terms and Conditions, the laws of the Republic of Bulgaria shall apply.
- These Terms and Conditions may be modified by the PROVIDER, for which the latter will appropriately notify all MERCHANTS of the Services under items 6 and 7.
- THE PROVIDER publishes these Terms and Conditions at www.fast-menu.com, together with any additions or amendments thereto.
- The disputes between the parties regarding the conclusion, amendment, execution, termination of these General Terms and Conditions shall be resolved by negotiation and mutual agreement between the parties. In case of failure to reach the agreement to resolve the dispute out of court, the parties may refer the dispute for settlement by competent Bulgarian court.
- These General Terms and Conditions shall enter into force on 25.05.2018. year