© 2018 by Universal Apps ( Australia ) ABN 87622689794

Terms & Conditions and Privacy Policy

 

MYMENUMIZ TERMS AND CONDITIONS

UPDATE OCT 2018

 

Independent sales person & marketing contractor agreement

 

In this agreement, “Universal Apps Pty Ltd.”,“ Universal Apps “   “We” or “Us” and “Our Company” , “ The Company “refer to the company incorporated in Australia as Universal Apps Pty Ltd. located at level 54 , 111 Eagle St. Brisbane 4000 QLD Australia or its subsidiaries, affiliates, suppliers, partners or agents worldwide.

                                                               

In this agreement”, “Restaurant “ ,”Bar”, ” Merchant “ , “ Business”  refer to a restaurant, eatery, bar, cafe or coffee shop, fast food outlet or food stall, canteen  or any similar place where food, beverage or if allowed by local law, alcohol or tobacco is offered and sold to the people for free or with a price, whether to be served in the same place or to be taken out.  

 

In this agreement, “Client” means any “Restaurant” which joins our Menumiz panel and uses the Menumiz system at least for 15 consequent days.

 

In this agreement, “Menumiz” refers only to the platform accessible at website in the following URL(s): www.meumiz.com , https://www.menumiz.com  and all subdomains.

 

In this agreement “ System “ refers to Menumiz platform, Menumiz App, and all third-party integration technically between the platform, app and the “merchant” such as the networks (Internet, 3G, 4G LTE, SMS gateways, Payment gateways and etc.…)

 

In this agreement, “Menumiz App” refers only to the mobile application named Menumiz available in Apple Store and Google Play.

 

In this agreement  “contractor”, "independent contractor" , "freelancer" , "you" or “ Your “ refer to whoever voluntarily joins as an independent marketing contractor or freelancer , sales person contractor or promoter in a casual or part time and commission basis and work less than 35 hours a week and try to sell the system to the restaurants locally.

 

In this agreement, “ Service” may refer to any marketing whether face to face or online or by phone, negotiation, promotion and sale handled of our products and services by you as an independent contractor.

 

In this agreement, “Product(s)” and/or “Service(s)” refers to online management services offered in Menumiz platform or Menumiz app (on cloud) to the “Merchant(s)” and its “ customer(s) “.

  

In this agreement, “Account” refers to a business account with Menumiz platform associated with a restaurant or bar.

In this agreement, " Marketing scheme(s)", "MyMenumiz scheme(s)", " Menumiz promotion" , " marketing " , " Promotion" or "sale(s)" mean any negotiation, marketing , sale, offer to buy, offer to use , campaign, business  activity or trade which involves " our products and services " as  the main goods or services and your potential or active client(s).

 

 

In this agreement, by accepting the terms on our products or services, you shall accept and acknowledge all our third parties’ suppliers’ and service providers’ terms and conditions and privacy policy agreements involved in our services delivery including but not limited to payment gateways and processors, credit card companies, SMS gateways, internet service providers, CDN networks, telecommunication service providers, mobile gateways and mobile networks.

 

Terms:

 

 

  1. You are at least 16 years old and legally permitted to work part-time as an independent contractor or freelancer.

  2. You are a student.

  3. You are an independent contractor or freelancer.

  4. You own a smartphone which technically allows the Menumiz app to be installed and run on it.

  5. You shall agree to act as a casual , part time  sales and marketing person or promoter under our sales and marketing schemes.

  6. You shall attend any training session provided by us, whether in person or online.

  7. You shall follow our instructions and SOP and guidelines provided to you or available in our websites ( www.menumiz.com and www.mymenumiz.com) or in all our social medias.

  8. You shall promote Menumiz to eateries and restaurants in your assigned regions only.

  9. You shall provide the eateries with knowledge of how to use the system and run a demo for them if required.

  10. You shall sell our products and services and bring on-board at least one client every month.

  11. You shall not interfere with support or technical aspect of the system.

  12. You shall report any potential client and secure it under your name.

  13. You shall promote our products and services only in the region allocated to you by us.

  14. You shall not engage in any similar position with another company at the same time and promoting other products or services along with our products to the same client.

  15. You shall avoid from using offensive/abusive language when promoting Menumiz.

  16. If required to make appointments to meet potential clients, you shall ensure you commit to the appointment date and time or inform clients beforehand if there is a need to re-schedule.

  17. You shall wear our uniform outfit if needed (Menumiz T-shirt) while promoting our products. (Shall be provided to you by us)

  18. You shall not wear slippers, shorts, short skirts or sleeveless shirts while promoting our products.

  19. You shall not introduce yourself as our partner , agent or employee.

  20. You shall not make any representations, warranties or commitments binding the company without the prior written consent of the Company.

  21. You shall obtain proper work insurance as an independent contractor as per your local law requirements to cover any damage or loss or counter claims  during your service while marketing or promoting our products and services .

  22. You shall follow our safety guidelines always.

  23. You shall refrain from spreading negative publicity about Menumiz while working as a part-time promoter or after termination.

  24. You shall obtain any business registration as an independent contractor or Tax ID should it be required by your local law.

 

 

 

Commission:

 

  1. Your commission shall be calculated based on your service delivery as in our online records and you will receive your payment as per the marketing scheme target, which may differ country to country.  

  2. You shall not be entitled to receive your commission partially.

  3. Payment will be processed once you  claim for your commission. There might be a minimum claim amount policy  in place for some countries or some schemes. 

  4. You shall be entitled to receive commission once only and this is not a recurring payment for the same clients in your target.

  5. Any bank charge, exchange rate or transaction fee must be borne by you.

 

 

 

Indemnity:

 

  1. Any “potential client” will be removed from your list automatically after 14 days if the status does not change to ‘Client.’

  2. The system manages the listing based on priority of submission and we do not accept sharing clients or such.

  3. We have the right to refuse accepting a client as per our service policy; in such cases, these clients are not considered a successful deal.

  4. Franchises, chain restaurants or multi location eateries are not part of MyMenumiz marketing schemes. 

  5. Restaurants using Free Plan are considered  as target and commission will be paid if your potential clients signs up for  a Free Plan as long as it is a genuine restaurant or cafe and they run the system within 15 days upon registration.. 

  6. Clients must be real and genuine having registration number as well as bank account under the business. We do not count dummy/fake clients into the account.

  7. This agreement is a commission-based hiring for a casual, part time independent contractor and shall by no mean be interpreted as employment or partnership.

  8. We reserve the right to terminate your contract without any prior notice at our own discretion at any time.

  9. Should you terminate your account with us, you shall not be able to claim your commission and all unclaimed commissions will be unavailable.

  10. We shall not undertake any tax management or handling for you, this is at your discretion to take care and pay your own personal income tax.

  11. We shall not undertake any expenses you may face or have for delivering your services such as running your own marketing campaigns, telephone bills or transportations costs.  

  12. We shall not undertake any financial or non-financial loss or damage or claim against you as result of your engagement with MyMenumiz marketing schemes.

 

 

These terms and conditions are governed by the laws in force in Australia and any dispute must be referred to a court in the state of Queensland, Australia accordingly.

 

Effective date of this agreement starts upon signing it digitally by you upon selecting the checkbox and declare accepted online.

 

This agreement remains valid as long as we run independent sales person and marketing contractor hiring schemes under MyMenumiz at https://www.mymenumiz.com unless the agreement to be terminated by you or by us at any time.