Terms of Service

1. Acceptance

These terms govern the use of the website of FoodClick LLC ("FoodClick", "we") and of the digital menu service, including the app, the admin panel and the tablets we provide. By using the website, or by a restaurant subscribing to the service, you accept these terms. If you do not agree, do not use the service.

2. The service

FoodClick gives restaurants a platform to show their digital menu to diners, with optional features such as 3D dishes, a kitchen display system (KDS), and delivery or pickup orders. Taking orders at the restaurant is done by the restaurant's staff.

3. Website visitors

You may browse the site and submit the contact form to request information. You agree to provide truthful information and not to use the site unlawfully, interfere with its operation, or access systems without authorization. Submitting the form does not create a contract; pricing and conditions are agreed with our team.

4. Restaurants: subscription and pricing

• The service is provided by subscription. Pricing varies with the number of tablets, 3D dishes and other features contracted.
• Commercial terms (price, term, payment method and cancellation) are agreed with FoodClick before signing up and confirmed in writing.
• The restaurant may cancel its subscription as agreed. Unless otherwise stated in writing, cancellation applies to the next billing period.
• Tablets included in the plan are provided for the restaurant's use during the subscription, as agreed.

5. Restaurant responsibilities

• Keeping its login credentials confidential and being responsible for all actions taken with its account.
• Being solely responsible for the content it publishes (dishes, prices, descriptions, images and ingredients) and for keeping it accurate and up to date.
• Complying with the laws that apply to its business, including food safety, labeling and the handling of its customers' data.
• Preparing and delivering orders and confirming payments with its customers. Payments are between the restaurant and its customer; FoodClick does not process or take part in them.
• Using the tablets properly and notifying us of any damage or loss.

6. Allergen information

FoodClick provides a database of the most common allergens and of ingredients that the restaurant selects according to what each dish contains. If a selected ingredient is associated with an allergen, the app indicates it.

Important

This information is an aid and depends on what the restaurant records; it may be incomplete or out of date and does not replace asking directly. Diners with allergies or dietary restrictions should always tell and confirm with restaurant staff before ordering. The restaurant is responsible for the accuracy of the ingredients it records. FoodClick is not liable for allergic reactions resulting from incorrect or incomplete information.

7. Intellectual property

FoodClick retains all rights to the software, brand, design and materials of the service. The restaurant retains the rights to its content and grants us a limited license to host and display it in order to provide the service.

8. Availability and changes

We aim to keep the service available but do not guarantee it will run without interruption or errors. We may modify or suspend features, with reasonable notice where possible.

9. Suspension and termination

We may suspend or end access for a restaurant that breaches these terms or uses the service fraudulently or unlawfully. When a subscription ends, access to the service ends and the restaurant must return the tablets where so agreed.

10. Limitation of liability

The service is provided "as is" and "as available." To the fullest extent permitted by law, FoodClick will not be liable for indirect, incidental or consequential damages or lost revenue, and its total liability will not exceed the amount paid by the restaurant in the 12 months before the claim.

11. Privacy

The handling of personal data is described in our Privacy Policy.

12. Governing law

These terms are governed by the laws of the Commonwealth of Pennsylvania, United States, without regard to its conflict-of-law rules. Any dispute will be brought in the competent courts of Pennsylvania.

13. Changes to these terms

We may update these terms. The current version will always be on this page with its update date. Continued use of the service means you accept them.

14. Contact

For questions about these terms, email us at menudigital@foodclick.us.