Gesture-QR-MENU Terms of Service
Welcome to Gesture-QR-MENU ! Our bundle of services are used to design, print, and publish restaurant menus and related marketing materials. Our professional print services work with the thousands of Gesture-QR-MENU templates, as well as uploaded files from other design applications. We aim to provide the quality of materials, craftsmanship and handling that you'd expect from a top-notch printer. Our service also includes powerful menu publishing to social media sites, search engines and local business directories, as well as your private website. Our goal is to help your restaurant grow while saving you time, money and hassle.
By using our services, you are agreeing to these Terms. Please read them carefully. Our services are constantly evolving and we may update these Terms from time to time, so please check back for changes that may impact you.
1. Basic Definitions
The services ("Services") are provided by Gesture-QR-MENU Inc. ("Gesture-QR-MENU "), with offices in Ashland, OR. The Gesture-QR-MENU website ("Site") is a service for use by registered users ("Accounts"). The Site and Services are the wholly-owned, copyrighted property of Gesture-QR-MENU Inc. ("Company"), and are subject to U.S. and international copyright protection laws. Gesture-QR-MENU is trademarked.
2. Requirement to Be in Good Standing
Usage Rights are granted to Accounts who have an active (not cancelled) account with a valid username and password at Gesture-QR-MENU .com. The Company may revoke privileges to anyone it believes is abusing the Site, as well as seek legal remedies necessary to protect its copyrights and intellectual property. The Company also reserves the right, at its sole discretion, to refuse or cancel service to anyone it deems to be creating offensive material.
3. ACCOUNT RENEWALS
If you buy one of our subscription plans, the renewal term is either monthly or yearly, depending on your plan choice. Your account will renew automatically. Upon your renewal date, if you have not cancelled, you agree to pay the then-current rate using the credit card on file to extend your Account for another term. To change your Account plan at any time, whether a paid or free plan, access Account Settings here; your current Account status will appear at the top. If unable to make the desired changes, contact us here.
4. Refunds & Pricing
We want you to be happy with Gesture-QR-MENU . If something's not right for you, chat with us and we'll make it right. If we make an error in printing, we will fix it or refund your money. We take no responsibility for errors in printed pieces due to your data entry or content use. Check all files for content and graphics before final printing.
We reserve the right to raise or lower our prices or to offer special discounts. If your Account is affected by a price change, you will be notified in email or on the site, and given the opportunity to cancel if desired. We have no way of guaranteeing that you will receive our notifications in a timely manner. All prices are in Indian Rupee/US Doller
If I cancel my Premium Subscription, what happens to my account?
Cancelling your Premium Subscription won't cancel your Websiteshelter account. Even when the Premium Subscription is cancelled, you can still log into your account to manage your menus under Basic Subscription features.
Will Websiteshelter keep my menus in case I come back?
Yes. You will be able to recover additional menus and menu items anytime by reactivating your Premium Subscription.
5. Content license from Gesture-QR-MENU
All Accounts may use the Services to create business Content in the form of menus, flyers and other promotional materials, and are hereby granted a non-exclusive, royalty-free license to use the Content for any restaurant, small business use, personal or charitable purpose. When Services are cancelled or interrupted for any reason, Accounts may continue to use any part of the Content that doesn't require ongoing access to the Services, e.g. printed menus. Stock images and graphics available on the site may only be used in combination with templates, and not copied or used in original form.
6. Content Submissions from Accounts
By uploading or entering content, including menu copy, designs, names, prices, logos, marketing graphics, food photos, ideas, concepts, or any other type of content (collectively "Your Content"), in the ordinary course of using the Services, you hereby grant and, where applicable, warrant that the owner of such content or intellectual property has expressly granted Gesture-QR-MENU and its customers and partners a non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and publicly display Your Content in any manner. The intent of this grant is to enable the Company to successfully deliver our full range of business printing and publishing services, as well as for Company promotional purposes.
By uploading Your Content to the Services, you warrant that you have all necessary licenses and permissions to use and share Your Content and the rights necessary to grant the licenses in these terms.
You will indemnify us from any claim, demand, loss, or damages, including reasonable attorney's fees, arising out of or related to Your Content, your use of the Services or your violation of these terms.
It is the Company's absolute policy to reject any materials which, at the Company's sole discretion, it considers to be obscene, in bad taste or in any other way inappropriate (whether or not to print such materials would be illegal or unlawful).
7. Rights and Access Privileges Do Not Transfer
Gesture-QR-MENU Accounts may not be transferred, shared, traded or sold.
8. Additional Users and Locations
Each Account may only be used by one Account holder or single individual. A single login shared by multiple users is strictly prohibited. Businesses or groups must create separate accounts with unique logins for each user or contact customer service to discuss Enterprise license options. Each Account is valid for only one physical location. Additional locations may be added to an Account according to our then current pricing plans.
9. Limitation of Warranty and Liability
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don't promise about our Services.
Gesture-QR-MENU makes no warranties as to the fitness, correctness, reliability, or merchantability of the Services, Content, or Site for a particular purpose. Gesture-QR-MENU provides no assurances or warranties that the Site or Services will be free from errors, omissions, incompatibilities, interruptions, or other risks commonly associated with the use of computers, software, or the Internet. Gesture-QR-MENU has no obligation to service or remedy any aspect of the Site or Services. WE PROVIDE THE SERVICE "AS IS".
Gesture-QR-MENU also makes no warranties about the reliability or capabilities of its publishing partners on social media or the internet. Partner websites and policies, third party software stability, and internet connection speeds are out of our control.
IN NO EVENT WILL GESTURE-QR-MENU INC., ITS OFFICERS, DIRECTORS, AFFILIATES, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR SERVICES, EVEN IF GESTURE-QR-MENU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Our total liability in any matter arising out of or related to these terms is limited to USD $50 or the aggregate amount that you paid for access to the Service during the three month period preceding the event giving arise to the liability, whichever is larger. This limitation will apply even if we have been advised of the possibility of the liability exceeding the amount and notwithstanding any failure of essential purpose of any limited remedy. The limitations and exclusions of this Section apply to the maximum extent permitted by law.
10.Special Provisions Applicable to Users Outside india
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the india:
You consent to have your personal data transferred to and processed in any country of the world.
11. About These Terms
We may modify these terms, or add additional terms, at any time to better reflect changes to laws, our Services or our business practices. You should look at the terms regularly. We'll post notice of modifications to these terms on this page. We'll make reasonable efforts to post notices of significant modifications to the terms on our website or in email notices to Accounts. Changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
These terms constitute the entire agreement and control the relationship between Gesture-QR-MENU and you. They do not create any third party beneficiary rights.
ALL CLAIMS RELATED TO THESE USAGE TERMS SHALL BE HEARD IN THE COUNTY OF JACKSON AND WILL BE GOVERNED BY THE LAWS OF THE STATE OF OREGON.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
What type of information is collected from you?
We collect information that personally identifies you or allows us to contact you when you register to use the Site. Such information may include your name, e-mail address, user password and other information (collectively "Personal Information"). You may also provide us with Personal Information when submitting orders for our services, including your credit card information, billing address, and shipping information. Gesture QR-MENU uses your Personal Information to operate the Site, to affect your transactions initiated at the Site, and to study and improve our services. You may correct or update your Personal Information by editing your My Account page or by sending an e-mail to firstname.lastname@example.org
Google Analytics Demographics
Gesture QR-MENU uses data collected from Google's Analytics to better understand our customer needs and improve our service and products. You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads on Google's site, go to Ad Settings or use other opt-out settings.
How is your information used?
Gesture QR-MENU primarily uses your information to process orders that you have submitted for our Services. We also use your information to provide you customer service, send you order processing information, and to notify you of changes to our service. We may also from time to time send you information about special offers, however, we make our best efforts to send promotions on an opt-in basis only.
You can stop delivery of promotional information from Gesture QR-MENU by using the UNSUBSCRIBE link provided in all marketing emails, or by sending an e-mail to email@example.com
Who has access to your information?
We will not sell or rent your information to third parties without your express permission. In general, we are not in the business of selling personal information. We only consider this type of business when it directly relates to a product or service we believe complements our existing services and will be truly valuable to our customers.
Third Party Service Providers
We partner with other companies to support the Gesture QR-MENU product lines and these service providers may come into contact with your Personal Information. For example, we use third party software to help with our customer service and we use a payments company to process our transactions. These parties are not allowed to use personally identifiable information except for the purpose of providing the services of Gesture QR-MENU .
Other Situations in which Personal Information May Be Disclosed
We may store and disclose Personal Information as required by applicable law or to be in compliance with government regulations. We may make disclosures that are necessary or advisable to conform to legal and regulatory requirements and to protect the rights, safety and property of Gesture QR-MENU , users of the Site, and the public.
We take reasonable, industry-standard steps to protect Personal Information and use technology such as SSL encryption, passwords, access control procedures, and firewalls, as well as physical security.
Use of 'Cookies'
You must have Cookies turned ON to be a member at Gesture QR-MENU . Cookies are very small text files saved to your local drive. They serve as your identification and are uniquely yours. A cookie can only be read by the server that gave it to you. Cookies tell us that you returned to a specific web page on our Site, and help us track your preferences. Cookies enable you to login, maintain stored versions of your work, and help us personalize your experience at the Site.
We retain personal data as long as it may be relevant to providing the Gesture QR-MENU services. To dispose of personal data, we may anonymize it, delete it or take other appropriate steps. Data may persist in backup copies for recovery purposes.
Children under the age of 13 are not allowed to purchase products on the Site. Gesture QR-MENU does not knowingly collect Personal Information about children under the age of 13 or allow them to place orders on the Site. If we learn of such behavior, Gesture QR-MENU will close the child's account and delete all information collected about that person. Notwithstanding the foregoing, Gesture QR-MENU may choose to retain the child's e-mail address as a means to prevent the child from re-registering with Gesture QR-MENU .
Under the General Data Protection Regulation you have a number of important rights. In summary, those include rights to:
The right to be informed. This means anyone processing your personal data must make clear what they are processing, why, and who else the data may be passed to.
The right to see what data is being stored about you.
The right to have your data corrected or amended if what is held is incorrect in some way.
The right to be forgotten. Under certain circumstances you can ask for your personal data to be deleted. This would apply if the personal data is no longer required for the purposes it was collected for, or your consent for the processing of that data has been withdrawn, or the personal data has been unlawfully processed.
The right to ask for a temporary halt to processing of personal data, such as in the case where a dispute or legal case has to be concluded, or the data is being corrected.
The right to ask for any data stored to be provided in a structured, commonly used, and machine-readable format.
The right to object to further processing of your data in ways inconsistent with the primary purpose for which it was collected, including profiling, automation, and direct marketing.
Gesture QR-MENU may make changes to this Privacy Statement from time to time. We will post changes here, so be sure to check back periodically. We may also notify you of significant changes by e-mail, on the site, or in other ways.
Questions, Comments, Concerns
If you have any questions or comments about our use of Personal Information, please contact us at firstname.lastname@example.org We will use reasonable efforts to promptly investigate any complaint you may have regarding our use of Personal Information.