Terms and Conditions
For any clarifications or further informations, please contact us at info@leggimenu.it.
Premises and Definitions
A) These Terms and Conditions of Use (hereinafter referred to, for brevity, as the “Conditions” or the “Agreement”) govern the provision of services offered by LEGGIMENU S.r.l., with registered office in 00135 Rome (RM), Via Contigliano no. 16, Tax Code/VAT no. 17002501009, email for communications info@leggimenu.it (hereinafter referred to, for brevity, as the “Provider” or “leggimenu”).
B) Unless otherwise provided in these Conditions and in addition to the other definitions contained in other parts hereof, the terms used with capital letters shall have the meaning indicated below:
“Account” means the set of identification Data of a Manager User that allows access to the Reserved Area and the Services available therein.
“Reserved Area” means the IT environment made available by the Provider for a specific Manager User, implying the possibility for the latter to access certain Services (e.g., Menu Generation Service).
“Subscription Fee” means the fee that the Manager User must pay to purchase one and/or more Extensions for a specific period of time and/or to use the Services reserved for Premium Manager Users.
“Recovery Code” means the alphanumeric code you’ll find in your Reserved Area. You must use it if the Manager User does not have the Authentication Credentials.
“Third-Party Components” means all software components such as, by way of example and not limited to, libraries, functions, classes, objects, frameworks, software, interface elements and/or interfaces, themes, etc., released to the public under free and/or proprietary licenses.
“Activation Confirmation” means the document, sent via email and/or through alert pop-up and/or other digital tools, by which leggimenu informs the Manager User of the successful completion of the Registration procedure.
“Contents” means any and all music, sound elements, photographs, images, videos, messages, or other material, including Data, uploaded by the Manager User while using the Services (e.g., when generating a Digital Menu).
“Order” means a set of products and/or services selected by the Consumer User from those listed in a Digital Menu.
“Fees for the PSP Connection Service” mean a fixed fee of €0.25 per transaction and a variable fee of 0.45% of the transaction amount.
“Authentication Credentials” means the username and password by which the Manager User is enabled to access the Services provided by leggimenu through the Reserved Area.
“Data” means any information, including that relating to an identified or identifiable natural person, such as, by way of example and without any claim to completeness, name, surname, email address, phone number, and address.
“Rights” means any rights arising from a patent, trademark, utility model, design, copyright or other intellectual and/or industrial property rights, including the right to one’s own name, personal image and privacy of personal data, honor, reputation, decorum, and commercial reputation.
“Rights to the leggimenu Software” means all Rights concerning the leggimenu Software, expressly including the exclusive rights provided for by Law no. 633 of April 22, 1941, as amended, and in particular, Articles 64-bis and following of the same law. By way of example only and without limitation, these Rights include the exclusive right to reproduce, execute, load, process, adapt, translate, distribute, publicly communicate, and distribute modified and/or adapted versions of the leggimenu Software.
“Extensions” means the specific functionalities and/or benefits detailed in the relevant section of the Website (https://www.leggimenu.it/estensioni/) that allow the Manager User to extend the functionalities of the Menu Generation Service.
“Confidential Information” means all documents, information, know-how and/or materials of a confidential nature and/or marked as confidential related to the Provider that the Manager User has become aware of in any way in connection with the performance of this Agreement, such as, by way of example only, all features, configurations, development plans, and security reports. However, information disclosed by the Manager User with prior written authorization from the Provider or in compliance with legal, regulatory, or competent authority requirements will not be considered confidential.
“Digital Menu” means the menu that the Manager User can generate and make available for Consumer Users to view on the Public Page, whose url will be embedded in a dedicated QR-CODE.
“Public Page” means the section of the Website containing information about the Manager User and their business and, if generated, the Digital Menu. The Public Page is freely accessible online.
“Parties” means the Provider on one side and the User on the other.
“Reference Period” has the meaning set forth in Article 3-bis.1.
“Payment Service Provider” means the third party (Stripe Inc.) that provides the IT infrastructure required to process electronic payments by Consumer Users.
“Registration” means the digital procedure through which the Manager User is enabled to access the Services offered by the Provider through the Website by creating an Account. To complete the Registration, the Manager User will be required to provide certain Data.
“Services” means all the functionalities that leggimenu offers to Users and include, among others, the following:
- “Support Service”, means the Service that allows the User to request assistance from the Provider regarding the use of the Services, via one or more channels, as shown from time to time on the Website;
- “Digital Menu Viewing Service”, means the free Service that allows the Consumer User to view a Digital Menu;
- “Public Page Creation Service”, means the automatic creation, at the end of the Registration, of a Public Page related to the Manager User;
- “Menu Generation Service”, means the Service that allows the Manager User to generate a Digital Menu to be published on the Public Page (potentially in a Subdomain, if the relevant Service is active), the address of which will be embedded in a QR-CODE accessible by Consumer Users;
- “PSP Connection Service” means the Service that allows – through the Payment Service Provider – the Manager User: (a) to register an account with the Payment Service Provider to receive payments from a Consumer User (“PSP Account”); (b) to connect their PSP Account to their active Account on the Website; (c) to allow the Consumer User to make payment for one or more Orders through the services of the Payment Service Provider. For example, through the PSP Connection Service, the Manager User may receive – via the Payment Service Provider – a payment for an Order.
- “Order Service”, means the free Service that allows the Consumer User to place an order:
- for one or more products in a Digital Menu, for take-away;
- for one or more products in a Digital Menu, for on-site consumption;
- for one or more products in a Digital Menu, for home delivery.
It is specified that: (i) if the Manager User is a Premium Manager User, the Consumer User may make payments for the products directly to leggimenu through the Website; (ii) if the Manager User is not a Premium Manager User, the Consumer User may only make payments to the Manager User.
- “Booking Service” means the Service that allows the Consumer User to reserve a table at the Premium Manager User’s venue
“Website” means the web version of the leggimenu Software, accessible via the website https://www.leggimenu.it/.
“leggimenu Software” means all instructions, classes, code, libraries, objects, functions, schemas, stylesheets, icons, functional and/or graphic interfaces, underlying the Services, and therefore refers to the overall software program on which the Services are based, including functional and graphic interfaces, exclusively owned by the Provider and on which the Provider holds all rights as per Articles 64-bis and following of Law no. 633 of April 22, 1941, as amended, except for third-party rights on Third-Party Components.
“Subdomain” means a third-level domain that will be associated with the Reserved Area of a specific Premium Manager User;
“User” means the individual or legal entity intending to use the Services offered by the Provider through the Website. Users are divided into Manager Users and Consumer Users.
“Manager User” means that specific category of User who, upon completion of the Registration Procedure, is enabled to use the Services offered by the Provider.
“Premium Manager User” means that specific category of User who, after paying one or more Subscription Fees, will be able to access advanced Services (e.g., the Table Booking Service).
“Consumer User” means that specific category of User who wishes to access the products offered by the Manager Users and can access the Services within the limits activated by the Manager Users (e.g., if the Manager User has not enabled any advanced function, the Consumer User may only access the Digital Menu Viewing Service of that specific Manager User; in the case of Premium Manager Users, the Consumer User may access the Services enabled by that specific Premium Manager User).
“Identity Verification” means the procedure involving the sending of a unique link to the email address provided by the Manager User during the Registration Procedure. The Manager User must click on the aforementioned link to definitively activate their Account.
C) The User is expressly informed and acknowledges and agrees that, regardless of the methods of using the Order Service and Booking Service, the contractual relationship concerning the products is always established between the Manager User and the Consumer User. Therefore, leggimenu is and remains uninvolved in the performance of said contractual relationship, which takes place outside its sphere of control.
1. Premises and Definitions
2. Modification of Terms and Conditions
3. Terms of Service. Subject of the Contract. Payments
- create their own Account on the Website by entering the Data required by leggimenu during the Registration procedure, ensuring that such Data is current, complete, and truthful, also considering that the aforementioned Data will be visible on the Public Page;
- promptly and consistently update their Data to ensure it is always current, complete, and truthful;
- pay the Subscription Fees if they wish to purchase one or more Extensions and/or use specific Services.
- in all cases where the latter decides to pay the Subscription Fee, the payment must be made in accordance with the conditions, including time constraints, agreed with leggimenu;
- in case of late payment of any individual Subscription Fee, the rules under Art. 10 shall apply and, in more serious cases, those under Art. 11.
- following the consultation of a Digital Menu activated by a specific Manager User, the available actions will depend on the specific Services enabled by the latter;
- some Personal Data of the Consumer User may be shared with the Manager User if required by the nature of the requested Services (e.g., if the Booking Service is requested, the Consumer User’s Personal Data will be shared with the Manager User to allow them to record the booking).
- the Services will be available for a fixed predetermined period (monthly, yearly, etc., based on the Manager User’s selection) (the “Reference Period”);
- the Subscription Fee paid by the Manager User will be associated with access to the selected Services for the Reference Period;
- if the Manager User does not cancel the subscription via the automatic tools available in their Account, the Services will be automatically renewed for an additional Reference Period, and leggimenu will be expressly authorized to charge the Subscription Fee to the payment method provided by the Manager User at the time of purchase (e.g., credit card).
- a fixed amount of €0.25 (zero/25) for each payment made by a Consumer User;
- an additional amount equal to 0.45% of the value of each payment made by a Consumer User.
4. Obligations of the User Manager
4.1 The Manager User undertakes to diligently safeguard the Authentication Credentials, which are confidential data for which the Manager User is solely and exclusively responsible, including for any activity carried out through their use.
4.2 The Manager User therefore agrees to:
- use the automatic procedure available on the Website to reset the Authentication Credentials;
- send appropriate written notice to leggimenu in any case where the Manager User has reasonable evidence that unauthorized third parties have gained possession of and/or are improperly using the Authentication Credentials.
- Use the automatic procedure on the Site if you no longer have the Authentication Credentials. This procedure always requires the Recovery Code. If the Manager User does not have the Recovery Code, they agree they cannot restore their account and that leggimenu has no liability.
4.3 The Manager User is expressly prohibited from transferring, under any circumstances, the Authentication Credentials to third parties, or otherwise allowing third parties to access the Website in any way. The Manager User assumes full and exclusive responsibility for any consequences arising therefrom.
4.4 It is understood that leggimenu shall in no event be held liable for any harmful or detrimental consequences arising from:
- incorrect use, loss, theft, and/or breach of confidentiality of the Authentication Credentials;
- the Manager User’s failure to send the notification referred to in Art. 4.2, lett. (b);
- violation of the obligations set out in Art. 4.3 above;
- unauthorized interactions with other Users;
- termination of this Agreement carried out by third parties and not by the Manager User (e.g., through unauthorized access to the Website);
- unauthorized modification and/or update of Data.
4.5 The Manager User also expressly agrees to:
- publish Content (e.g., photos) within the Menu Generation Service (e.g., photos of products and/or the location) for which they own intellectual property and/or usage rights and can demonstrate such ownership at leggimenu’s simple request;
- act fairly and in good faith in interactions with other Users;
- process third-party personal data (including personal data of other Users) in accordance with applicable privacy laws.
4.6 Without prejudice to the above, the User undertakes to access the Website and/or use the Services in full compliance with the applicable laws and, in any case, agrees not to use them for any purpose other than those permitted by the Provider, including, by way of example and not limited to:
- uploading, publishing, transmitting and/or disseminating, in any form, unlawful or prohibited Content, or Content associated with any type of unlawful or prohibited material, as well as messages and/or materials using obscene, blasphemous, pornographic, racist or otherwise defamatory language towards other Users and/or individuals or legal entities, as well as Content for which the User is not the lawful owner or has not obtained proper authorization;
- violation of any third-party Rights, including image rights, name, dignity, honor, and reputation, including commercial reputation;
- dissemination of Content or Content associated with any type of material intended for unlawful acts, including but not limited to incitement to violence and/or the commission of any kind of crimes;
- transmission of viruses and/or other IT tools that could compromise the integrity and/or security of IT equipment (e.g., malware, trojan horses);
- sharing and promoting links to websites where any of the prohibited activities listed above are carried out;
- engaging in any inappropriate behavior during interactions with other Users;
- conducting activities related to spamming and/or any type of unsolicited interaction with other Users. In particular, the Manager User expressly agrees not to send marketing communications to Consumer Users unless the latter have given prior consent to receive such communications during their use of one or more specific Services (e.g., while using the Booking Service).
4.7 Without prejudice to any non-waivable rights granted by current data protection laws, the Manager User grants leggimenu a free, perpetual, and non-exclusive license to use on the Website, its pages, social groups and profiles, as well as in leggimenu’s promotional and/or advertising campaigns in newspapers, TV, radio, the internet and/or any other offline and/or online communication channel, for the purpose of promoting leggimenu, the Services and/or new services and/or products, the following Data: a) individual Manager User: first name, last name, reviews/feedback related to leggimenu and/or the Services; b) legal entity Manager User: business name, trademark.
4.8 The Manager User may transfer the Account to third parties only by following the automatic procedure available within the Account, which involves entering a new email address. leggimenu will then carry out a new Identity Verification and allow the holder of the new email address to confirm and/or update the Data associated with the Account. Once the process is completed, the transferring party will no longer have any rights, titles, claims and/or demands regarding the Account and expressly declares that they have no further claims against leggimenu in relation to any rights, reasons and/or claims, whether directly or indirectly connected to the transferred Account and/or the relationship between the transferring party and the receiving third party.
4.9 It is expressly understood that a Manager User’s Account and/or QR Code refers to a single physical location. Therefore, the Manager User is strictly prohibited from using the Account and/or QR Code for additional locations and/or commercial establishments. The Manager User is expressly informed that in the case of multiple locations and/or branches and/or points of sale, a separate Account must be activated for each additional physical location and/or commercial establishment and/or point of sale.
4.10 The Manager User agrees that, despite article 4.8, Leggimenu may allow a third party to access the account if they prove they bought the business from the Manager User under article 2558 of the Civil Code, by providing an authenticated copy of the public deed of sale.
5. License of use
6. Intellectual Property and Confidentiality Obligation
7. Warranty Exclusion and Limitation of Liability
- leggimenu, as an alternative to uploading Manager User Content, offers the option to use stock Content released to the public under licenses that allow free use;
- if the Manager User still chooses to upload their own Content, leggimenu reiterates the necessity for the Manager User to verify in advance the usage rights applicable to such Content. The Manager User is expressly informed that any Content found through search engines like “Google,” “Bing,” and similar platforms is not automatically usable; its source and licensing terms must be verified beforehand;
- leggimenu will not carry out any prior checks, as it is currently technically impossible to automatically verify the usage rights of Content uploaded by the Manager User;
- if any third party submits complaints to leggimenu regarding unauthorized Content uploaded by the Manager User, without prejudice to the indemnification provisions under Art. 8, the Manager User expressly agrees that leggimenu may temporarily disable access to the disputed Content and that the provisions of Art. 10 shall apply and, in more serious cases, those of Art. 11.
8. Indemnification
9. Termination
10. Suspension of Service Use
- there are reasonable grounds to believe that the Services are being used by unauthorized third parties;
- modifications, interventions, and/or maintenance on the Website are necessary for security reasons or to ensure better Website functionality;
- the Manager User is involved, in any capacity, in any judicial or even out-of-court dispute of a civil, criminal or administrative nature, especially if such dispute arises from or is in any way connected to the use of the Services;
- objections and/or requests of any kind coming from competent authorities;
- in case of suspected violation by the Manager User of the obligations set out in Arts. 4.1, 4.2, 4.3, 4.5, 4.6, 4.7, 5, 6, 7.4, 7.5.
11. Express Termination Clause
12. Privacy
13. Miscellaneous
14. Applicable Law and Competent Court
In accordance with Articles 33 et seq. of Legislative Decree No. 206 of 6 September 2005 (“Consumer Code”), the Consumer User expressly approves, after having carefully read it, the content of the following clauses:
In accordance with Articles 1341-42 of the Civil Code, the Manager User expressly approves, after having carefully read it, the content of the following clauses:
- Premises and Definitions
- 1. Premises and Definitions
- 2. Modification of Terms and Conditions
- 3. Terms of Service. Subject of the Contract. Payments
- 4. Obligations of the User Manager
- 5. License of use
- 6. Intellectual Property and Confidentiality Obligation
- 7. Warranty Exclusion and Limitation of Liability
- 8. Indemnification
- 9. Termination
- 10. Suspension of Service Use
- 11. Express Termination Clause
- 12. Privacy
- 13. Miscellaneous
- 14. Applicable Law and Competent Court