Last Updated:
11th
November 2021
1
The terms
1.1
This document (the Conditions) sets out the terms and conditions on which we provide services
to you through our cloud-based menu, recipe and allergen & nutrition
management solution, MenuIQ (MenuIQ).
1.2
Your use of MenuIQ is also subject to our
Privacy Policy and Cookies Policy. Click here to view our Privacy Policy.
About MenuIQ
1.3
MenuIQ is
a cloud-based complete recipe and menu management solution developed by us for
the purpose of assisting you in cost management as well as your compliance with
applicable UK laws and regulations as it pertains to the provision of food
information to consumers and food safety and nutrition, including the Food
Information Regulation 2014, Regulation (EU) 1169/2011 on the
provision of food information to consumers as it
forms part of UK law and in force from time to time (Natasha’s Law) (together, Food
Labelling Law).
1.4
If you
are a member of the purchasing group set up by Regency Purchasing Group Limited,
MenuIQ is made available to you at a reduced fee as part of your
membership. If you are not a member of the aforementioned purchasing group, you
may subscribe to MenuIQ by paying a usual weekly fee.
1.5
As part
of its offering, MenuIQ allows you to:
(a)
access
ingredients and pricing data provided by your suppliers, including alerts to
you where existing ingredients have changed;
(b)
extract
allergen information from the ingredients inputted by you or your supplier;
(c)
monitor
and compare menu performance across different sites;
(d)
capture
the reference intakes, nutrition and allergens of the ingredients;
(e)
build up
recipes and menus;
(f)
generate
and print labels of nutrition and ingredients with allergen information;
(g)
generate
recipe cards with a recipe specification sheet; and
(h)
integrate
with Regency IQ to deliver an end-to-end purchasing and menu management
solution.
1.6
MenuIQ
utilises ingredient data provided by you, your suppliers or manufacturers of
products and data obtained from public databases or APIs to provide the
service. As such, neither we nor any of our associated companies accept
responsibility for the accuracy of the information provided or generated by
MenuIQ.
1.7
By using
MenuIQ, you accept that it is your responsibility to ensure the accuracy of any
product information provided to your customers or consumers, including but not
limited to allergen information and that you are responsible for your own
compliance with Food Labelling Law and any other applicable food safety law.
Your use of MenuIQ
1.9
Please read these Conditions carefully before
you use MenuIQ. These Conditions tell you who we are, how you may use MenuIQ,
how we may change or end the provision of MenuIQ, what to do if there is a
problem and other important information.
Changes to these
Conditions
2
who we
are
2.1
We are Regency Purchasing Group Limited (“we”) (a company incorporated in England
and Wales with company number 13521388).
Our registered office is at Regency House, 37-40 Alexandra Parade,
Weston-Super-Mare, North Somerset BS23 1QZ.
2.2
You can contact us by telephoning our customer
service team at 01934 646 135 or by writing to us at the address listed at
Regency House, 37-40 Alexandra Parade, Weston-Super-Mare, North Somerset BS23
1QZ.
2.3
If we have to contact you we will do so by
telephone or by writing (including by email) to you at the email address or postal
address you provided to us.
3
ACCESSING
MenuIQ
3.1
MenuIQ is a paid service made available to you as part of your
membership with us or our associated companies or by subscription.
3.2
[You may grant your suppliers access to your
MenuIQ account in order to provide ingredient and pricing data to you. You
shall be responsible to us for your suppliers’ use of MenuIQ and procure that
they comply with these Conditions.]
3.3
We cannot guarantee to you that MenuIQ will
always be available or be uninterrupted. We may suspend, withdraw, discontinue
or change all or any part of MenuIQ. If
we do so, we will try to give you reasonable notice beforehand.
3.4
MenuIQ may be unavailable occasionally for
maintenance, updating or otherwise. Where this happens we apologise for any
inconvenience caused. However, we shall not be liable to you for any loss,
damages or inconvenience resulting from such unavailability.
3.5
You are responsible for making all arrangements
necessary for you to have access to, and make full use of, MenuIQ, for example
access to the internet, hardware and all other equipment necessary to enable
you to make full use of MenuIQ. You are also responsible for ensuring that all
persons who access MenuIQ through your internet connection are aware of these Conditions,
and that they comply with them.
3.6
MenuIQ is directed at users based in the UK only.
3.7
If you have trouble using MenuIQ with certain
web browsers or other software, or if you want to let us know how we can
improve accessibility, please let us know by emailing us at info@menuiq.co.uk. We appreciate your feedback and your
suggestions will help us to improve our service to you.
4
your
account details
4.1
If you choose, or you are provided with a user
identification code, password or any other piece of information as part of our
security procedures, you must treat such information as confidential. You must
not disclose it to any third party.
4.2
We have the right to disable any user
identification code or password, whether chosen by you or allocated by us, at
any time, if in our reasonable opinion you have failed to comply with any of
the provisions of these Conditions.
4.3
If you know or suspect that anyone other than
you knows your user identification code or password, you must promptly notify us
by emailing us at info@menuiq.co.uk
.
5
Intellectual
Property Rights
5.1
All text, graphics, audio, video or image files,
content, software, applications and information displayed on or available from MenuIQ,
and all copyright, trade mark rights, design rights and other intellectual property
rights in them (together, the
Proprietary
Content
) are the property of us or our group companies, or the subcontractors,
licensors or the suppliers thereof. This includes, without limitation, the
organisation and lay-out of MenuIQ, and the underlying software that is owned
by us, our subcontractors or licensors.
5.2
By using MenuIQ, you are agreeing that
Proprietary Content is available for use within your business or by your
authorised suppliers only and that you will not copy, reproduce, publish,
distribute or dispose of in any way any Proprietary Content within any other parties
outside of your business including sub-contractors or consultants.
5.3
Neither our or our group companies’ name, trade
mark, logo or design may be used or copied in any manner.
5.4
Proprietary Content is protected by copyright
laws and treaties around the world. All such rights are reserved.
5.5
Our status (and that of any of our group
companies or other identified contributors) as the authors, proprietor or
licensee of material on MenuIQ must always be acknowledged.
5.6
You must not use any part of the Proprietary
Content for commercial purposes without obtaining a licence to do so from us or
our licensors.
6
Linking
to MenuIQ
6.1
You may link to our MenuIQ page app.menuiq.co.uk, provided you do so in a
way that is fair and legal and does not damage our reputation or take advantage
of it.
6.2
You must not establish a link in such a way as
to suggest any form of association, approval or endorsement on our part where
none exists.
6.3
You must not establish a link to MenuIQ in any
website that is not owned by you.
6.4
MenuIQ must not be framed on any other website,
nor may you create a link to any other webpage operated by us or our group
companies without our written consent.
6.5
We reserve the right to withdraw linking
permission without notice.
7
Third
party links on MenuIQ
7.1
MenuIQ may contain links to other third party
websites (such as those belonging to our suppliers), resources, advertisements
or sponsorships.
7.2
If you choose to access any of these links, you
will be leaving MenuIQ and since we don''t have any control over these websites,
we are not responsible for the content, advertising, products or services
available from them, or for any dealings or disputes that you may have in
relation to those websites. We are not liable for any loss or damage which may
be suffered as a result of the use of such links and third party websites. We
would encourage you to review the terms and conditions and privacy policy on
any new website you may choose to access because our terms and conditions and
privacy policy will no longer be applicable.
7.3
We reserve the right to remove a link at any
time.
8
Viruses
8.1
We do not guarantee that MenuIQ will be secure
or free from bugs or viruses.
8.2
You are responsible for configuring your
information technology, computer programmes and platform in order to access MenuIQ.
You should use your own virus protection software.
8.3
You must not misuse MenuIQ or knowingly
introduce viruses, Trojans, worms, logic bombs or other material which is
malicious or technologically harmful. You must not attempt to gain unauthorised
access to MenuIQ, the server on which MenuIQ is stored or any server, computer
or database connected to MenuIQ. You must not attack MenuIQ via a
denial-of-service attack or a distributed denial-of-service attack. By
breaching this provision, you would commit a criminal offence under the
Computer Misuse Act 1990 or, if you are not accessing MenuIQ from within the UK,
the comparable legislation in the relevant jurisdictions. We will report any
such breach to the relevant law enforcement authorities and we will co-operate
with those authorities by disclosing your identity to them to the extent
permitted by law. In the event of such a breach, your right to use MenuIQ will
cease immediately.
9
Liability
9.1
You acknowledge that you have carried out all
necessary due diligence into MenuIQ and have not relied on any statement,
promise, representation, assurance or warranty made or given on behalf of us or
our group companies which is not set out in these Conditions and that you shall
have no claim for innocent or negligent misrepresentation based on any
statement in these Conditions.
9.2
MenuIQ is provided “as is” without warranties
and all warranties, implied conditions, representations or other terms that may
be implied by statute or common law or otherwise apply to MenuIQ, us or our
group companies are, to the fullest extent permitted by applicable law,
excluded from these Conditions.
9.3
Nothing in this agreement limits any liability
which cannot legally be limited, including but not limited to liability for:
(a)
death or personal injury caused by negligence;
(b)
fraud or fraudulent misrepresentation; and
(c)
breach of the terms implied by section 2 of the
Supply of Goods and Services Act 1982.
9.4
We or our group companies will not be liable to
you for any loss or damage, whether in contract, tort (including negligence),
breach of statutory duty, or otherwise, even if foreseeable, arising under or
in connection with:
(a)
use of, or inability to use, MenuIQ;
(b)
use of or reliance on any content displayed on MenuIQ;
or
(c)
the inaccuracy or incorrectness of any
information displayed on or generated by MenuIQ.
9.5
In particular, we or our group companies will
not be liable for:
(a)
loss of profits, sales, business or revenue;
(b)
business interruption;
(c)
loss of anticipated savings;
(d)
loss of business opportunity, goodwill or
reputation; or
(e)
any indirect or consequential loss or damage.
9.6
You agree to indemnify us in full against all
liabilities, costs, expenses, damages and losses suffered or incurred by us
arising out of or in connection with any claim brought against us or any member
of our group arising out of, or in connection with, your use of MenuIQ to
provide nutritional, allergen and other product information to your customers.
10
Severability
If any of these Conditions is held to
be invalid, the remaining terms and conditions shall continue to be valid to
the fullest extent permitted by law.
11
Law and
jurisdiction
These Conditions, each and every
contract made on and subject thereto and any dispute or claim (including
non-contractual disputes or claims) arising out of or in connection with it or
its subject matter or formation (and any non-contractual disputes or claims),
shall be governed in all respects by and construed in accordance with English
Law and the English courts shall have exclusive jurisdiction.
12
entire
agreement
These Conditions constitute the entire
agreement between us in relation to your use of MenuIQ, and you agree that
these Conditions shall exclude any other terms that you may seek to impose or
incorporate, or which are implied by trade, custom, practice or course of
dealing.
13
third
party rights
This agreement is between you and us.
No other person shall have any rights to enforce any of its terms. Neither of
us will need to get the agreement of any other person in order to end the
contract or make any changes to these Conditions.
14
assignment
14.1
We may transfer our rights and obligations under
the Conditions to another organisation. We will contact you (including by
email) to let you know if this happens.
14.2
You may only transfer your rights or obligations
under these Conditions to another person if we agree to this in advance in
writing.
15
talk to
us for anything else
15.1
If you have any queries, comments or complaints
regarding MenuIQ or these Conditions, just get in touch. You can write to us at
info@menuiq.co.uk
15.2
MenuIQ is owned and managed by us or our group
companies
.
Although reasonable care has been taken to ensure that the
content of MenuIQ is not misleading, nothing in MenuIQ should be taken as being
a statement of fact, nor be relied on in any way. Any facts or figures stated
in MenuIQ may not be correct at the time of your reading. The copyright in the
content of MenuIQ belongs to us, our group companies or suppliers and
unauthorised copying is strictly prohibited.
16
DEFINITIONS
16.1
“group” means any of our subsidiary or holding
company from time to time and any subsidiary from time to time of our holding
company. A reference to a holding company or a subsidiary means a holding
company or a subsidiary (as the case may be) as defined in section 1159 of the
Companies Act 2006, as amended from time to time.
16.2
“group company” means a member of our group.