Terms & Conditions

Introduction

These General Terms & Conditions of Sale (hereinafter T&Cs) are concluded between:

• The manager of the NewMenu.ch website, hereinafter referred to as "the Service Provider",
• Any person wishing to access the site and its services, hereinafter referred to as "the Customer or Customers".

ARTICLE 1 - Principles

The purpose of these Terms & Conditions of Sale is to define the legal, technical and financial terms and conditions for using the NewMenu.ch website and its services under which the Service Provider commits to the Customer.

The contact details of the Service Provider are as follows:

• Located at Rue de la Banque 3, 1701 Fribourg
• Website address: https://newmenu.ch
• E-mail: support@newmenu.ch
• Telephone number: +41 58 580 0775

The main characteristics of the Services are presented on the NewMenu.ch website.

Any purchase of the following services without limitation or qualification is based on these Terms and Conditions.

• Design of digital menus for restaurants
• Maintenance of digital menus on our platform
• Digital menu modification service on request

The Customer is required to read it before placing an order. The choice and purchase of a service is the sole responsibility of the Customer.

These T&Cs are accessible at any time on the NewMenu.ch website and will prevail over any other document.

The Customer affirms to have read and accepted the present T&Cs by checking the box provided for this purpose before implementing the online ordering procedure of the NewMenu.ch site.

These Terms and Conditions are concluded for an indefinite period.

The NewMenu.ch website reserves the right to alter these Terms and Conditions at any time and without justification.

ARTICLE 2 - Access to the website

Any Customer with internet access can visit the NewMenu.ch website free of charge and from any spot. The costs incurred by the Customer to access it (internet connection, computer equipment, etc.) are not the responsibility of the Service Provider.

The site and its various services may be interrupted or suspended for a short period by the Service Provider, particularly during maintenance, without any prior notice or justification.

The services reserved for the Customer are as follows: add, modify, delete or deactivate the products of the digital Menu, inserting the menu or today’s meal, adding the customer’s information.

ARTICLE 3 - Responsibilities of the Parties

Service provider

The Service Provider shall not be liable in the event of failure, force majeure, breakdown, difficulty or interruption of operation, preventing access to the website or one of its functions.

The Service Provider commits to implement the necessary means to allow the Customer and his restaurant clients to access the Services 24/7.

Besides, the Service Provider reserves the right, in exceptional circumstances, to make other suspensions and interruptions that it will endeavor to carry out during periods of low usage of the Services.

The Service Provider is solely responsible for the connection material to the site used. The latter must take all appropriate measures to protect equipment and data, particularly from the Internet’s viral attacks.

In the event of an anomaly during the use of the Services, the Service Provider will intervene as soon as possible, after informing him, in order to identify the anomaly, and will try to find and implement the necessary means in the as much as possible to resolve the anomaly or implement a temporary solution to bypass or correct it as soon as possible.

The Service Provider cannot be held responsible in the event of legal proceedings against the Customer:

• Due to the use of the website or any service available on the Internet
• Due to the Customer’s failure to comply with these T&Cs.

Customer

The Customer hereby certifies that all the provided information to the Service Provider is correct, and he will notify the Service Provider of any alterations in the details to this information.

The Customer agrees to communicate to the Service Provider at the time of creating his customer account and each modification thereof, his exact and updated contact details.

By publishing on the website, the Customer cedes to the Service Provider the non-exclusive and free right to represent, reproduce, adapt, modify, disseminate and distribute its publication, directly or through an authorized third party. However, the Service Provider undertakes to indicate to the member if their posting is used.

ARTICLE 4 - Subscription, Rate

All quotes presented by the Service Provider and signed by the Customer become contractual. Likewise, any order received by the Service Provider, dated and signed, is firm and final and becomes contractual.

The Services are provided at the rates in effect appearing on the NewMenu.ch website when the Service Provider registers the order.

The price-types are expressed in Swiss francs (CHF.-).

The Customer has three options:

• ECO package: He books the NewMenu.ch demo and subscribes for free forever.
• PRO package for CHF 19.- / per month.
• Business package: depending on the services chosen, the Service Provider makes an optional offer.

The rates are firm and not subject to revision during their period of validity. Still, the Service Provider reserves the right, outside the period of validity, to modify the price-types at any time. The Service Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to a previous order’s payment.

ARTICLE 5 - Payment Terms

The cost is payable upon acceptance of these T&Cs.

The acceptable payment methods are by bank transfer or a credit card. The Customer’s payments will only be considered final after actual receipt of the sums due by the Service Provider.

The Service Provider will not be required to provide the Customer’s Services if the latter does not pay him the full amount.

ARTICLE 6 - Personal Data

The Customer is informed that collecting his personal data is necessary to sell the Services, their implementation, and their delivery entrusted to the Service Provider. These personal data are only collected for the execution of a service contract.

The personal data that is collected on the NewMenu.ch Website are as follows:

• Account opening: when creating the user’s account: last name, first name, email address, phone number.
• Connection: when the user connects to the website, the latter records, in particular, his name, first name, connection, use, location and payment data.
• Payment: as part of the payment for products and services offered on the NewMenu.ch website, it records financial data relating to the Customer’s bank account or credit card.

Personal data collected from Customers is intended to provide website services, improve them and maintain a secure environment.

The Service Provider shall refrain from disclosing information relating to his Customer or to the goods to which he may have had access in the execution of the Service.

ARTICLE 7 - Security and Confidentiality

The Service Provider applies organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should note that the Internet is not a completely secure environment; therefore, the website cannot guarantee the security of the transmission or storage of information on the Internet.

ARTICLE 8 - Applicable Law

These General Terms & Conditions of use are subject to the application of Swiss law.

Shall the Parties fail to resolve a dispute amicably, they will submit the dispute to the jurisdiction of the canton of Fribourg’s courts in Switzerland.