MenuSpeak Terms of Use2017-05-20T16:56:23+00:00

MenuSpeak App Terms of Use

  1. INTRODUCTION: Welcome to our application MenuSpeak. This App is published by or on behalf of Mopius Mobile GmbH (“Mopius ” or “We” or “Us“) a company registered in Vienna Austria under company number FN438606i whose registered office at Ziegelofengasse 33 Top 22, 1050 Vienna.

By downloading or otherwise accessing the MenuSpeak App you agree to be bound by the following terms and conditions (“Terms“) and our privacy policy. If you have any queries about the MenuSpeak App or these Terms, you can contact Us. If you do not agree with these Terms, you should stop using the MenuSpeak App immediately.

  1. GENERAL RULES RELATING TO CONDUCT: The MenuSpeak App is made available for your own, personal use. The MenuSpeak App must not be used for any illegal or unauthorised purpose. When you use the MenuSpeak App you must comply with all applicable Austrian laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).

You agree that when using the MenuSpeak App you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:

(a) Use the MenuSpeak App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or

(b) Attempt to gain unauthorised access to the MenuSpeak App or any networks, servers or computer systems connected to the MenuSpeak App; or

(c) Modify, adapt, translate or reverse engineer any part of the MenuSpeak App or re-format or frame any portion of the pages comprising the MenuSpeak App, save to the extent expressly permitted by these Terms or by law.

You agree to indemnify Mopius and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the MenuSpeak App otherwise than in accordance with these Terms or Applicable Laws.

  1. CONTENT: The copyright in all material contained on, in, or available through the MenuSpeak App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by the business publisher of the menucards or licensed to Mopius or its group companies. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without publisher´s or Mopius ’s express permission.

The trademarks, service marks, and logos (“Trade Marks“) contained on or in the MenuSpeak App are owned by the publishers or Mopius or its group companies or third party partners of Mopius . You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of the publishers or Mopius or the relevant group company or the relevant third party partner of Mopius .

  1. LINK TO THIRD PARTIES: The MenuSpeak App may contain links to websites operated by third parties (“Third Party Websites“). Mopius may monetise some of these links through the use of third party affiliate programmes. Notwithstanding such affiliate programmes, Mopius does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.
  2. MOPIUS PRIVACY POLICY: We take your privacy very seriously. Mopius will only use your personal information in accordance with the terms of our privacy policy. By using the MenuSpeak App you acknowledge and agree that you have read and accept the terms of our MenuSpeak App privacy policy and these Terms.
  3. DISCLAIMER / LIABILITY: USE OF THE MENUSPEAK APP IS AT YOUR OWN RISK. THE MENUSPEAK APP IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) MOPIUS DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE MENUSPEAK APP; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE MENUSPEAK APP (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN MOPIUS AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE MENUSPEAK APP; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE MENUSPEAK APP. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.

Mopius will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the MenuSpeak App, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.

IF MOPIUS IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE MENUSPEAK APP, THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO: (A) FIFTY EURO (€50.00); OR (B) THE SUMS PAID BY YOU UPON PURCHASING THE MENUSPEAK APP, OR ANY IN-MENUSPEAK APP SPEND, INCLUDING SUBSCRIPTIONS, WHICHEVER IS GREATER.

Nothing in these Terms shall be construed as excluding or limiting the liability of Mopius or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by Austrian law.

  1. SERVICE SUSPENSION: Mopius reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
  2. ADVERTISERS IN THE MENUSPEAK APP: We accept no responsibility for adverts contained within the MenuSpeak App. If you agree to purchase goods and/or services from any third party who advertises in the MenuSpeak App, you do so at your own risk. The advertiser, not Mopius , is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.
  3. GENERAL: These Terms (as amended from time to time) constitute the entire agreement between you and Mopius concerning your use of the MenuSpeak App.

Mopius reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the MenuSpeak App to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the MenuSpeak App. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of Mopius.

These Terms shall be governed by and construed in accordance with Austrian law and you agree to submit to the exclusive jurisdiction of the Austrian Courts.

If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.

Mopius failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Mopius in writing.

  1. CONTACT US: You can contact the Mopius team at Mopius Mobile GmbH, Ziegelofengasse 33 Top 22, 1050 Vienna, Austria email: office@mopius.com