GENERAL TERMS OF USE
1. SUBJECT
This Document defines the general terms or the conditions of use of emenubg.com, which govern the rules for the use of emenubg.com, including the conclusion of a contract for the supply of a virtual service from this platform.
2. INFORMATION ABOUT THE ADMINISTRATOR OF THE PLATFORM www.emenubg.com
2.1. Global Development EOOD is a company with registered office and address in the city of Varna, Usta Gencho Kanev №44, with UIC 203494914 and tax number BG203494914.
2.2. Global Development Ltd. administers the E-menu platform, in the form of its website emenubg.com, (named as "Platform" for short). "Global Development" Ltd. will be named below as "E-menu" for short.
2.3 You can contact E-menu at the above address, by phone 0899667211 or using the form from the contact page. The contact phone is standard rate one and the cost of the call depends on your telephone operator.
3.DEFINITIONS
3.1. User - any natural person aged 18 or over, legal entity or other legal body that meets one or more of the following conditions:
3.1.1. gets access to the Content through the communication means provided by the E-menu (electronically, by telephone, etc.) or under an existing contract for use concluded with the E-menu and has requested the creation and use of a profile;
3.1.2. has registered on the Platform and, by completing the process of creating an account, has given their consent to certain clauses in the General Terms and Conditions section of the Platform;
3.1.3. after creating their profile on the Platform, places an order and concludes a contract for using a service through the emenubg.com Platform with E-menu;
3.2 Provider - E-menu;
3.3. Website – the electronic service platform hosted on the web address emenubg.com and its subdomains;
3.4. The platform - The site E-menu;
3.5. Account - a part of the Platform, formed by an email address and password, which allows the User to send and place an Order, contains information about the User and some history of their actions in the Platform (Orders, tax invoices, etc.). The user is responsible for all information entered by them in the account to be correct, complete and up to date;
3.6. Your Order - a section in the account that allows the User to add Services that they wish to buy at the time of their adding;
3.7. Order - an electronic document that is an actual communication form between the E-menu and the User, by which the User declares through the Platform, their intention to purchase Services from the Platform.
3.8. Service (s) - all services available on the Platform provided by the E-menu;
3.9. Campaign - any advertising message aiming the promoting the Platform, E-menu brand or certain Services, which are offered in limited availability (unless the commercial message explicitly states the opposite), for a certain period of time;
3.10. Agreement - a remotely concluded agreement between E-menu and the User for the provision of Services through the Platform, based on and as an integral part of the current general conditions for use of the Platform (the "Document").
3.11. Content
• all information on the Platform that is accessible through an Internet connection and the use of a device connected to the Internet;
• the content of each message from the User to the E-menu, sent by the electronic means and / or any other available means of communication;
• any information provided by any way, by an employee / associate of E-menu by electronic or other means remote communication;
• the information of the Platform related to the Services and / or the applied tariffs in a certain period of time;
3.12. Commercial messages - any type of message sent through the electronic communication channels (such as e-mail, web push, etc.), containing general and thematic information, information about similar or appropriate services to the purchased once, information about offers or promotions, information about the new Services , provided by the platform;
3.13. Transaction - the action by the user for making the payment of the services purchased by them through the channels provided for this purpose by the provider in the platform. And refund of the amount paid by the User as a result of cancellation, termination, refusal or non-conclusion of a contract for the use of a service through the Platform.
3.14. Specifications - all characteristics and / or descriptions of the Services as specified in their presentation in the content.
4.GENERAL PROVISIONS
4.1. The general conditions of the E-menu apply to all Users of the Platform.
4.2. Any use of the Platform means that you have (a) carefully read the general conditions for usingn the platform (b) you have agreed to the terms and conditions.
4.3. E-menu reserves the right to update and amend the General Terms and Conditions of the Platform periodically, so it can update them with any changes the Site operates and the legal requirements. The document may oppose to the Users from the moment it is published on the Platform. In the event a change of the terms and conditions, we will publish the amended version of the Document on the Platform, therefore we shall ask you to periodically check the content of this Document. The general terms and conditions that were in force at the time of concluding the contract between the User and the E-menu are applied to each transaction through the Platform until the new changes announced.
4.4. If any of the provisions of these general terms and conditions of use of the Platform prove to be invalid or inapplicable, regardless of the reason for this, this does not entail the invalidity or inapplicability of the rest of the provisions.
4.5. The platform may contain links to other sites. E-menu is not responsible for the privacy policies of websites that it does not administer, as well as for the information in their content.
5.CONCLUSION OF A CONTRACT
5.1. The User declares his intend to use and pay for a Service through the Platform by placing an Order electronically that is processed by themselves.
5.2. The contract for using a service provided by the Platform between E-menu and the User is considered concluded at the moment when the User receives an e-mail with a notification that the service from the Order has been is confirmed and the Service can be provided.
5.3. The contract for the service, concluded between the User and the E-menu, consists of the these general conditions.
6. SERVICE PROVISION POLICY
6.1. Access to the Platform for the purpose of order registration is allowed to any User.
6.2. E-menu reserves the right (in its sole discretion) to restrict the User's access to the execution of the Order and / or to any of the possible payment methods if the User abuses the rights in any way and this is in any harm of E-menu or third parties. In this situation, the User has the right to contact the E-menu and be informed about the reasons that led to the application of the above measures. In these cases, the E-menu is not responsible for any damages that the User has undergone or may undergo as a result of this action.
6.3. The User has the right to express their opinion about the Services, as well as to contact E-menu at the addresses indicated in the "contacts" section of the Platform. Posts or messages that contain obscene words or inappropriate vocabulary will be removed from the Platform or ignored.
6.4. E-menu may publish advertising or promotional information about the Services and / or about the promotions offered by it on the Platform, for a certain period of time.
6.5. All prices of the services announced on the Platform are final, in BGN (BGN) including VAT and all other taxes or fees required by law.
6.6. In case of online or bank payments, E-menu is not responsible for any costs related to fees, commissions or other additional payments made by the User or their bank related to the transaction itself, as well as in cases of currency exchange fees applied by the bank issued the card of the User,when the currency is different from the one announced on the Site.
6.7. All images posted on the Platform intend to provide some idea of the type of Service we offer, not to accurately illustrate it. Accordingly, some of the images of the Services on the Platform (static / dynamic images / multimedia presentations, etc.) may not correspond to the relevant Service or may create a false impression of the offered Service.
6.8. After 14 (fourteen) days from the moment of payment for a Service, the User may be asked to make a review of the paid Service. This request will be sent by an e-mail registered by the user on his account. By sending their review, the User contributes to the development of the service and is actively involved in the development of new services.
7.THE RIGHT TO INTELLECTUAL AND INDUSTRIAL PROPERTY
7.1. The content as defined in the Definitions chapter, including but not limited to logos, any graphic images or inscriptions, trade symbols, dynamic symbols, texts and / or multimedia content of the Platform, is the exclusive property of the E-menu.
7.2. E-menu has got and reserves all intellectual property rights related in any way to the Platform, regardless if they are owned by E-menu or obtained through contractual licenses or in any other legal way.
7.3. Nothing in the contract concluded between E-menu and the User will be considered as a permission by E-menu for users to copy, distribute, publish, provide to third parties, change in any way any part of the Content, including but not limited to the content of the trademarks, logos, multimedia content of the Platform or the descriptions of the Services, including adding any external content to the Platform, removing the signs indicating the ownership of the E-menu on the Content. The User has no right to transfer, sell, distribute any materials created by reproducing (copying), modifying or publishing the Content, except with the consent of E-menu.
7.4. The User may copy, transfer and / or use the Content only for personal non-commercial purposes and only in cases where this does not contradict the provisions of this chapter of this Document.
7.5. The User has the right to use the Content for commercial purposes only if he has received the written consent of E-menu for this and only for the defined part of the Content, in the manner and to the extent of its use, and within the time limits for which this consent is given explicitly. Any other or different use of the Content will be considered a breach of this agreement between E-menu and the User and a breach of the intellectual property rights of E-menu, which has the right to keep the User responsible for this.
7.6. Any use of the Content for purposes other than those expressly allowed in these general terms and conditions or specifically agreed by a written consent given by the E-menu is prohibited.
8.ORDER
8.1. The User may place their Orders on the Platform by adding the desired Services in „Your Order“ section, by following the steps specified in the Platform to complete and place the Order.
8.2. Any Service added to „Your Order“ can be purchased. Adding a Service to your Order without completing the Order does not result in the registration of the order and the automatic provision of the Service.
8.3. Confirming the Order E-menu confirms the use of only one of the main Service in the registered order. (The registration of the Order is not equivalent to its confirmation.)
8.4.The User is obliged and responsible for all data provided to the e-menu in connection with the Order they are placing to be correct, complete and accurate as of the date of sending the order.
8.5. By sending the order, the User allows the E-menu to contact him in any possible way, when it is necessary concerning the order or the concluded Contract.
8.6 E-menu has the right to refuse to fulfill ( to cancel) the Order made by the User, and shall notify the User. The cancellation of the order does not create any liability or subsequent obligation of either party of the other placed and accordingly neither of them has the right to seek compensation from the other one for the cancellation in the following cases:
• when the payment transaction is not accepted by the bank to the User for online payment;
• fulfillment of a money transaction, that does not lead to any funds reserving in the account of the provider online payments provider;
• the data provided by the User in the Platform are incomplete and / or incorrect.
8.7 The User may use his right to cancel the contract within the period provided by the E-menu, which can not be shorter than the one provided by the state law. This term starts from the date of concluding the Service Agreement and from the date of activation of the User's Service. The user can contact E-menu HERE or on the phones listed on the Site concerning their cancellation of the contract (order confirmed), . The deadline is considered met if you contact us before the expiration of the 14-day period announced by law.
8.8 E-menu is obliged to refund the price paid under the Contract, which the Buyer has withdrawn within 14 (fourteen) days from the date of conclusion, in this case, we will deduct the amount that is proportional to the Service provided up to the time, when you have informed us that you are exercising your right to cancel the contract, in relation to the total amount under the contract. The amount will be refunded as follows without occurring any additional costs for the Buyer using the same means of payment used by the Buyer in the initial transaction, unless the Buyer has requested otherwise and agreed with E-menu.
9.INVOICING - PAYMENT
9.1. The prices of the Services announced in the Platform are final and include VAT, as well as all other taxes and fees provided for in the current Bulgarian legislation.
9.2. The price and method of payment when issuing invoices are specified in each Order.
9.3. The user is obliged to provide all the necessary information for the issuance of the invoice in accordance with the current Bulgarian legislation.
9.4. E-menu will issue an invoice to the User for the ordered Services based on the information provided by the User.
9.5. E-menu issues an invoice for each payment under an Order, by which the User has paid for a Service offered on the Platform by E-menu. The user agrees to receive such an invoice electronically by uploading it to his account. In the event when these payment documents are not available for more than 48 hours (forty-eight) in the account, please let us know HERE.
9.7. In order to correctly produce the invoices for the respective Orders, the User is obliged to constantly update the data in his account. He is obliged to review the information specified in the relevant Order to ensure that it is complete, correct and accurate.
9.8. The user will have a record of the invoices issued by E-menu in his account, and can save or archive them at any time.
10. FORCE MAJOR CIRCUMSTANCES
10.1. Neither party will be liable for non-performance of its contractual obligations if such non-performance is due to force major. Force major is an unforeseeable event, beyond the control of the parties, which cannot be avoided.
10.2. If within 14 (fourteen) days from the date of the respective event, it does not stop, each party has the right to notify the other party that it terminates the Contract without owing the other compensation for any possible damages.
11. APPLICABLE LAW - JURISDICTION
The Bulgarian legislation is applicable to this contract. Any disputes arising between E-menu and Clients will be resolved by mutual agreement or if this is not possible, the disputes will be resolved before the competent Bulgarian courts.