General Terms and Conditions: these are the General Terms and Conditions of The Ventee QR Code Menus app hereafter known as "The Platform".
The Platform: a web application on browser, iOS or Android that allows Customers to place an Order and pay via a Digital Menu of a Merchant.
Partner Portal: a browser based platform that allows the Merchant to make changes to the Digital Menu, accept Orders and view relevant analytics.
Order: an order placed by a Customer for one or more of the dishes, drinks or other products or services offered by a Merchant.
Digital Menu: a mobile based menu through the QR Code Menu app with which Customers can order and pay at a Merchant.
Customer(s): end-user(s) of the QR Code Menu app, being the Merchant user(s).
Agreement: a specific agreement between Amstertech and the Merchant which details the applicable fee percentage and contract period.
Merchant(s): a company that offers dishes, drinks or other products or services and uses the Digital Menu for orders and payments. The company must reside in one of the 36 countries supported* by The Platform.
Device(s): a computer, a tablet or other mobile device.
Item: an item on the Digital Menu of a Merchant.
Amstertech: established in Ferdinand Bolstraat 452, Amsterdam, 1072MG, Netherlands, registered in the trade register under number KVK 67886140
- These General Terms and Conditions apply to the use of the "The Platform" by the Customer.
- Any terms and conditions of the Merchant may apply to the Agreement.
2. The Ordering Platform
- The "Platform" displays the Merchant's Digital Menu in line with the information provided by the Merchant. Amstertech accepts no liability for the display and / or mentioning of the data relating to the Merchant or its menu in the Digital Menu.
- Amstertech offers the Customer the opportunity to place an Order through the "the platform" on behalf of the Merchant and only acts as an intermediary. There is no agreement or obligation between Amstertech and the Customer or the Merchant with regard to an Order.
- Every Order is subject to availability, including the actual stock, and occupancy at the Merchant and is the sole responsibility of the Merchant.
- Upon placement of an Order by the Customer through the "the platform", it will be sent to the Merchant via the Partner Portal.
- Following the acceptance of the Order by the Merchant via the Partner Portal, Amstertech will electronically confirm the Order to the Customer via "the platform" .
- The Merchant is solely responsible for the execution of an Order and the availability and deliverability thereof.
- A general termination period with 30 days notice applies to both Amstertech and the Merchant, unless specified otherwise in the Agreement.
- Amstertech may terminate the Agreement at any time and without notice if any of the following events occur:
- a request is made or a petition is filed for Customer's bankruptcy (faillissement) or Customer is granted a suspension of payments (surséance van betaling) or becomes subject to other insolvency proceedings;
- the Merchant is dissolved (ontbonden), liquidates its business or otherwise terminates or suspends its business activities; or
- the Merchant breaches the Agreement, such as misusing "the platform" or Partner Portal, and such breach is not cured within twenty (20) business days commencing on the date of a written notice of default.
- Amstertech reserves the right to terminate without prior notice only in relation to exceptional circumstances such as misuse of "the platform" or Partner Portal by the Merchant or in cases of breach of public law.
4. Exclusion of the Right of Withdrawal
- In connection with perishability, the Customer has no right to cancel the Order through Amstertech, once the Order has been confirmed. Only if this is explicitly indicated by the Merchant and communicated to the Customer can the Order be canceled.
- The prices of all drinks, dishes or other products or services by the Merchant via the Digital Menu are displayed in euros (€) and include VAT and are determined solely by the Merchant.
- The prices shown are based on the information provided by the Merchant. If the current prices deviate from the displayed prices, the Merchant will immediately inform Amstertech and update the relevant prices via the Partner Portal. If the prices have changed at the time of placing the Order, the Merchant will immediately communicate to the Customer in connection with this price difference. In that case, the Customer is entitled to cancel the Order free of charge.
6. Delayed, Changed or Canceled Order
- The Merchant will execute the Order to the best of their ability. In the unlikely event that the Order cannot be prepared or cannot be prepared within a reasonable time and/or can be served to the Customer, the Merchant will immediately inform the Customer of this.
- The Merchant will inform the Customer as soon as possible of any changes to an Order that have taken place after an Order has been accepted by the Merchant via the Partner Portal. In that case, the Customer has the right to cancel the Order in whole or in part. If the Order is canceled in whole or in part, the amount paid (or the part thereof that relates to the canceled part of the Order) will be reimbursed to the Customer as soon as possible and at the latest within fourteen days.
- If it is not possible for the Merchant to fulfill the Order, the Order will be canceled. In that case, the Merchant will inform the Customer of this as soon as possible and the amount paid will be reimbursed to the Customer as soon as possible and at the latest within fourteen days.
- Amstertech is not liable for delayed, changed, incomplete or canceled Orders.
7. Fees and Payment
- Customers can pay for an Order via Stripe available payments methods on completion of an Order.
- The Merchant will pay Amstertech a fixed monthly subscription fee agreed upon the moment of sign-up. The payment of this monthly fee is processed via Stripe Connect on a monthly basis.
- The monthly subscription fee is subject to change but will not deviate with more than +/- 10% of the previously agreed fee; in the eventuality that this occurs, Amstertech will inform the Merchant 30 days in advance.
- Amstertech processes payments via Stripe Connect which will transfer the funds to the Merchant's given bank account less the applicable fee percentage agreed upon in the Agreement. All Item Revenue that is duly owed to the Merchant will be remitted within one (1) business day of the sale of the Item.
8. Personal Data
- To use the Digital Menu, a Customer can register an account by means of a name, email address and password.
- Amstertech is not liable for the processing of personal data of the Customer by the Merchant.
- The terms and conditions of third parties may apply to the use of the app and / or the Digital Menu.
- All rights of intellectual and industrial property on the app and the Digital Menu rest with Amstertech and / or its licensors and / or the Merchant. The Customer only obtains the rights of use and powers that are necessary with the Order. The Customer may not make the app and / or the Digital Menu available to third parties or otherwise trade it without the permission of Amstertech.
- Amstertech is not liable for damage to the Customer in connection with the display and / or execution of the Order.
- Amstertech is not liable for the incorrect use or misuse of or malfunctions or errors in the app and / or the Digital Menu. If a malfunction occurs, Amstertech will make the necessary efforts to correct it as soon as possible.
- If and insofar as Amstertech could nevertheless be liable for such damage, it is limited to compensation for the damage up to an amount equal to the highest amount paid by the Customer in respect of an Order or the amount that the insurer of Amstertech in that specific case.
- The above does not apply if and insofar as the damage is the result of intent or willful recklessness on the part of Amstertech.
- If a provision of these General Terms and Conditions is invalid or should be declared void, the remaining provisions of these General Terms and Conditions will remain in full force. The invalid or voided provision will be replaced by Amstertech in consultation with the Customer by a provision that does justice to the best degree to the intention of the invalid or voided provision.
- Dutch law applies to these Terms and Conditions.
- All disputes that may arise as a result of these General Terms and Conditions will be submitted to the competent court in Den Haag, unless Amstertech chooses to submit the dispute to the competent court of the Customer’s place of residence or another court authorized by law.
* Supported countries as of 22nd of November 2020: Australia, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong SAR China, Hungary, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom, United States of America