Welcome to Menulance Pte Ltd (hereinafter “Menulance”, “we”, “our” or “us”). Menulance is a web app service that allows you to translate content in multiple languages. Menulance.com (“Website”) enables business owners and web providers to expand their audience base overseas.

ACCEPTANCE OF TERMS

Your use and/or purchase of any Menulance services (“Services”) is subject to terms of use (“User Agreement”). Please read this User Agreement carefully before accessing or using the Services. Your access and use of the Website is subject to these Terms of Use. If you are an individual accepting this User Agreement on behalf of an entity Customer, you represent and warrant that:

(i) you have full legal authority to bind your employer, or the applicable entity, to this User Agreement;

(ii) you have read and understood this User Agreement; and

(iii) you agree, on behalf of the party that you represent, to this User Agreement. If you do not have the legal authority to bind your employer, please do not use the Services. From time to time, Menulance may update the functionality and user interface of the Services, add new features to the Service, change the access configuration for the Services or update the related software. In such event, this User Agreement shall also apply to any upgrades or updates subsequently provided by Menulance for the Services or related software. If you neither accept nor agree to be bound by this User Agreement, you are not authorized to access or otherwise use the Services.

MODIFICATION OF USER AGREEMENT

This User Agreement may be changed, modified, supplemented, or updated by Menulance from time to time. Any updates to the User Agreement will be in effect for any new or renewal Service orders for purchased Services placed after the effective date of such updated User Agreement. If Menulance makes a material change to this User Agreement that will affect an existing Service subscription, Menulance may notify you by sending an email at least thirty (30) days in advance of such change or posting a notice on your account administration page. If the change has a material adverse impact on you and you do not agree to the change, you must notify Menulance via privacy@menulance.com within thirty days of receiving notice of the change. If you notify Menulance as required, then you will remain governed by the User Agreement in effect immediately prior to the change until the end of your current subscription term for the affected Service. If the affected purchased Service is renewed, it will be renewed under Menulance’s then-current User Agreement. For free Services, you will be bound by any changed, modified, supplemented or updated User Agreement if you choose to continue to use such free Services after such changes to the User Agreement are posted.

ACCOUNT MANAGEMENT/PASSWORDS

To purchase, use or access certain Services, you must have a valid Menulance account. You will be prompted by our Website or contacted by email to either create an account or to log in using your account credentials for such Services. If you have been given the option to open an account within the Services that will provide you with access to password-protected portions of the Services and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and username. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to immediately notify Menulance upon learning of any unauthorized use of your account or any other breach of security.

SERVICE TERMINATION AND SUSPENSION

Menulance may terminate access to all or any part of the Services and terminate this User Agreement in the event you commit a material breach of any provision of this User Agreement which is not cured within thirty (30) days of written notice from Menulance.

Menulance reserves the right to suspend Services as it may deem appropriate in response to actual or suspected violations of this User Agreement if Menulance reasonably concludes that your Service is being used to engage in illegal activity, used outside the scope of the license, or causing immediate, material or ongoing harm to Menulance or others. You agree that Menulance shall not be liable to you nor to any third party for any suspension of the Service under such circumstances.

In the event you purchase Services through an authorized reseller and such reseller fails to pay Menulance for such Services, then Menulance may suspend or terminate your access to all or any part of the Services upon written notice, until payment is received by Menulance, regardless of whether you have paid such reseller.

FREE SERVICES

Subject to this User Agreement, Menulance grants to you, and you accept, the non-assignable, non-transferable, non-sublicensable, and nonexclusive right to access and use any of the Services made available for free on its Website in accordance with the related documentation on the Website. You may terminate free Services by simply discontinuing your use of such Services and/or requesting that Menulance terminate your account if you have created a Menulance account. Menulance may terminate your access to all or any part of the free Services at any time, with or without cause and with or without notice.

OWNERSHIP

Unless expressly authorized in a separate written agreement between you and Menulance, the grant to access and use any of the Services and Software herein, whether purchased for a fee or free, does not include any right to resell the Services or Software, manage the Services on behalf of third parties, make other commercial use or distribution of the Services or Software or make any derivative use of Services or Software, integrate the Services into another service, reproduce, duplicate, copy, or otherwise exploit for any commercial purpose the Services or Software. Menulance (or its licensors) retains all rights, titles, and interests in the Services and Software, including any and all intellectual property rights. Menulance (or its licensors) reserves all rights not expressly granted.

You as the user retain all of the rights to any of the content that you create using Menulance Services.

Exclusively for the purposes of providing and improving our services, you hereby grant and agree to grant to Menulance and its subcontractors a perpetual, worldwide, royalty-free, irrevocable, sublicensable and transferable license to store, use, modify, reproduce, distribute, display, transmit, translate, adapt, prepare derivative works of, render into audible or other formats, publicly perform, and otherwise exploit the Original Works and the Translated Works using any means and any technology, whether now known or hereafter developed.

USER DATA

The Software together with the Service may collect certain data and information about your use and, if you are an entity, your individual users’ use of the Service (“User Data”). Any personally identifiable information contained in User Data provided to Menulance will be treated as set forth in the Menulance Privacy Policy. With the exception of any personally identifiable information you or your individual users submit, any information you transmit to Menulance via the Services related to the functionality of the Services and Software, whether by direct entry, submission, e-mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of Menulance. Menulance also owns all data generated by the Services and Software, and any statistical information related to the usage, traffic patterns and behavior of the users of the Services (“Statistical Data”), so long as such Statistical Data will not include personally identifying User Data.

PROHIBITED USE

You will not:

(i) use the Services or Software for any unlawful, unauthorized, fraudulent or malicious purpose,

(ii) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or Software;

(iii) bypass any measures Menulance may use to prevent or restrict access to the Services or Software or otherwise interfere with any other party’s use and enjoyment of the Services;

(iv) use your account or the Services or Software to infringe any intellectual property or other right of any other third party or

(v) use the Websites in breach of the Website Terms of Use. Menulance may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Subject to our Privacy Policy, Menulance reserves the right at all times to disclose any information as Menulance deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Menulance’s sole discretion.

HUMAN TRANSLATION

Menulance provides Human Translation services. These services are not included in the standard package prices and shall be charged for separately and before the service begins. If you use these services your translation request will be fulfilled by Menulance contractors. The User has the right to dispute the content of the translation within 72 hours of it being provided. If the User does not dispute the content within this 72-hour period, Menulance shall deem as accepted the content of the translation.

RESPONSIBILITY AND LIABILITY

The services shall be carried out using reasonable skill and care in accordance with the standards of the industry. Menulance shall use all reasonable skill and care in selecting translators, interpreters and other personnel used to produce the Translated Works and perform the services. No terms, conditions or warranties, whether express or implied, about the quality or fitness for a particular purpose of the services or the Translated Works shall be incorporated unless expressly stated in this Agreement. Menulance does not warrant that the Translated Works will meet your specific requirements and, unless otherwise agreed, it does not warrant that the transmission of any Translated Works sent to you will be uninterrupted or error-free. Furthermore, Menulance does not warrant or make any representation regarding the use of the Translated Works in terms of their accuracy, correctness, reliability or otherwise. Menulance shall incur no liability to you for innocent or negligent misrepresentation by virtue of any statement made by or on behalf of Menulance, whether orally or in writing, and you shall not be entitled to rescind the Agreement on the grounds of any such misrepresentation. You acknowledge that any Original Works submitted by you and any Translated Works submitted by Menulance to you over the Internet cannot be guaranteed to be free from the risk of interception, even if transmitted in encrypted form, and that Menulance has no liability for the loss, corruption or interception of any Original Works or Translated Works. Menulance’s liability to you in respect of the provision of the services and/or the Translated Works shall be limited as follows: Menulance shall not be liable for loss of profits, business, contracts, revenue, damage to your reputation or goodwill, anticipated savings, and or any other indirect or consequential loss or damage whatsoever. Menulance’s entire liability to you under any Contract, including but not limited to in respect of the Services and the Translated Works, shall not exceed the price payable to Menulance by you under the agreement to which any claim relates. You must notify Menulance within 72 hours of delivery of the Translated Works of any claim arising out of the provision of the services and/or the Translated Works, together with full details of such claim. In any event, Menulance shall not be liable to you if you fail to notify us of any claim within such 72-hour period following delivery of the Translated Works. If you notify us within 72 hours of delivery of the Translated Works of any alleged inaccuracies in the Translated Works, our liability will be limited to rectifying any such alleged inaccuracies, such inaccuracies to be determined by Menulance in its sole discretion. At no time will such allegations delay payment by you or result in a refund to you by Menulance.

INTELLECTUAL PROPERTY

You represent and warrant that you have all rights, title and interests in the Original Works and the Original Works will not infringe upon any third party’s rights. You hereby agree that you will indemnify and hold harmless Menulance and its affiliates and its current and past directors, officers and employees from and against all claims brought by third parties related to any copyright infringement. All intellectual property rights (including, but not limited to copyright) in the Original Works shall vest in you (or your licensors); all intellectual property rights in the Translated Works will be assigned to you upon receipt of full payment by Menulance. Exclusively for the purposes of providing and improving our services, you hereby grant and agree to grant to Menulance and its subcontractors a perpetual, worldwide, royalty-free, irrevocable, sublicensable and transferable license to store, use, modify, reproduce, distribute, display, transmit, translate, adapt, prepare derivative works of, render into audible or other formats, publicly perform, and otherwise exploit the Original Works and the Translated Works using any means and any technology, whether now known or hereafter developed.

DISPUTE RESOLUTION

Any disputes regarding arrangements between Our contractors and Service Buyers will be resolved by Menulance at its sole discretion. You hereby release Menulance from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, related to such a dispute.

ACCESS AND PROPRIETARY RIGHTS

As long as you comply with this Agreement, you are authorized to access and use this website. The pages and content on this website are protected by copyright and may not be copied, distributed, modified, published, or transmitted in any manner, including but not limited to any use for creative work or to sell or promote other products. Violation of this restriction may result in infringement of intellectual property and contractual rights of Menulance and could result in substantial civil and criminal penalties.

WARRANTY DISCLAIMER

Content and other information contained within the Services and Software has been prepared by Menulance as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Menulance has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of such content or other information contained in or linked to the Services or Software. Users relying on such content or other information from the Services and Software do so at their own risk. YOUR USE OF THE SERVICES AND SOFTWARE IS AT YOUR SOLE RISK. ALL SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND MENULANCE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND SATISFACTORY QUALITY. MENULANCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS MAKE NO WARRANTY THAT THE SERVICES OR SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY PROBLEMS ENCOUNTERED WILL BE CORRECTED.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MENULANCE PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) USE OF THE SITE; (II) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, (VII) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SITE (VIII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE MENULANCE PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (IX) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE OR OUR PRIVACY POLICY. DESPITE THE ABOVE, OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION YOU TAKE AGAINST US WILL AT ALL TIMES BE LIMITED TO NO MORE THAN ONE HUNDRED DOLLARS ($100.00).

Some countries and jurisdictions do not allow the limitation or exclusion of consequential, direct, indirect, or other damages in contracts with consumers, and to the extent you are a consumer the limitations or exclusions in this section may not apply to you.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Menulance, its members, affiliates and/or partners, and its and their officers, directors, partners, shareholders, agents, licensees and employees from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney’s fees that may, at any time, arise out of or relate to

(i) your unauthorized or unlawful use of the Services or Software,

(ii) your breach of this User Agreement as stated herein or

(iii) the infringement by you or any third party using your account, of any intellectual property or other rights of any third party. Menulance reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, in which event Customer will assist and cooperate with Menulance in asserting any available defenses.

FORCE MAJEURE

Menulance shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of such party or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.

NOTICES

Any notices to you from Menulance regarding the Services or this User Agreement will be posted on the Website or made by e-mail or regular mail. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Menulance account, and you may not be able to opt-out from receiving them unless you terminate your account. Any notice or communication that you desire or are required to send Menulance under this User Agreement should be sent to Menulance through one of the means listed in the “Contacting Us” section below.

ENTIRE AGREEMENT

This User Agreement together with your Order Form (if any) constitutes the entire agreement between Menulance and you in connection with your use of the Services and supersedes any prior agreements between Menulance and you regarding use of the Services and Software, including prior versions of this User Agreement. Any different or additional terms of any related quote, purchase order, confirmation, or similar order form provided to Menulance are hereby rejected and shall have no force or effect. If you have entered into a separate Master Services Agreement or other written agreement with Menulance for Services, the terms in such Master Services Agreement will control your use of the Services and Software.

GOVERNING LAW; JURISDICTION; VENUE; SEVERABILITY OF PROVISIONS; DISPUTES

This User Agreement is governed by the laws of Singapore applicable therein, excluding its choice of law provisions. All parts of this User Agreement apply to the maximum extent permitted by law. We both agree that if we cannot enforce a portion of this User Agreement as written, then that portion will be replaced with terms that most closely match the intent of the portion that cannot be enforced to the extent permitted by law. The invalidity of part of this User Agreement will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date such cause of action arises. Any claim or dispute arising out of or relating to this User Agreement shall be subject to the exclusive jurisdiction of state or federal courts located in Singapore, and you hereby consent and submit to the personal jurisdiction of such courts. In any action or proceeding to enforce rights under this User Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.

CONTACT US

If you have any questions or concerns about this User Agreement, please contact us via email or at the mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them.

Menulance Pte Ltd
Company Registration No. 201220703C
33 Ubi Avenue 3, #08-68, Vertex, Singapore 408868
Email: privacy@menulance.com

This User Agreement was first effective as of April 2024.
This User Agreement was last updated in April 2024.