Welcome
to Menu Manitoba. Any person who wishes to access this
website to use the services provided on this website must accept the
terms and conditions of this User Agreement, without change.
PLEASE REVIEW THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING
THIS SITE. BY REGISTERING FOR AND/OR USING OUR SERVICES, YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND
ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HERE WITHIN.
Menu Manitoba reserves the right to change, at any time, any
of the terms and conditions contained within this agreement and/or
any of the policies or guidelines governing this website or the
services provided. Any/all changes will be effective immediately
upon the posting of revisions on the website. You, the user, are
responsible for reviewing this agreement and any applicable changes
to such. Changes to policies and guidelines may be posted without
notice.
YOUR CONTINUED USE OF THIS WEBSITE AND THE SERVICES OFFERED BY MENU MANITOBA
AFTER THE POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF
SUCH CHANGES TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO
ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES
OFFERED BY THIS WEBSITE.
Eligibility.
The submission of restaurant menus and/or any paid service offered
by this website is limited to parties that can lawfully enter into
and form contracts under applicable law. Without limitation, minors
may not contract for the use of this website or the services
offered. All persons who submit to this website or contract for the
paid services offered, hereby represents to
Menu Manitoba that he/she is not a minor, is at least over
the age of eighteen (18) and may otherwise enter into and form
binding contracts under applicable law. To purchase goods or
services, you must provide your real name, address, phone number and
e-mail address.
Menu Manitoba is acting as an informational service between
recipient and potential clientele and assumes no responsibility for
the quality or integrity of any/all items or services which are
bought or sold through
Menu Manitoba. Call (204) 999-5470/5260 or email sales@menumanitoba.com
for rates.
It is accepted that the recipient and potential clientele have the
'sole responsibility' of confirming the integrity and condition of
any/all items or services which are offered for sale/purchase on
Menu Manitoba website, including any/all payment methods or
agreements.
The general rule accepted buy both recipient and potential clientele
regarding the purchase or sale of items or services which are
offered for sale within
Menu Manitoba website is 'Buyer/Seller
Beware'.
IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH/ALL OF
YOU AGREES TO RELEASE
MENU MANITOBA (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS,
DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND
NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND
UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH
DISPUTES. MENU MANITOBA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE
INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY VEHICLES,
GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH THE SERVICES WHETHER SUCH DAMAGES
ARISE UNDER THE THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY OR OTHERWISE.
THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS"
BASIS. CUSTOMER’S USE OF AND RELIANCE THEREON ARE AT CUSTOMER’S
OWN AND SOLE RISK.
MENU MANITOBA MAKES NO OTHER REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT; THAT THE SITE OR THE SERVICES
WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE,
UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR;
THE INFORMATION, CONTENT, MATERIALS, SERVICES OR VEHICLES INCLUDED
ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT
THE TIME OF SALE, LAWFUL TO SELL, OR THAT SELLERS OR BUYERS WILL
PERFORM AS PROMISED;
ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF
TRADE; AND
ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER
OR NOT ARISING FROM THE NEGLIGENCE OF
MENU MANITOBA.
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MENU MANITOBA
DISCLAIMS ANY AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN WHICH YOU OBTAIN FROM
MENU MANITOBA OR THROUGH THE USE OF SERVICES SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Privacy, Monitoring and Disclosure. Menu Manitoba is committed to protecting your privacy.
Click Here for our general
Privacy Policy, which is incorporated by reference into, and made
part of, this Agreement.
Menu Manitoba may change the Privacy Policy in the future.
You should check the Privacy Policy frequently for changes. Except
as authorized herein and unless otherwise authorized or consented,
you agree not to use any information regarding other participants
which is accessible from the website or disclosed to you by
Menu Manitoba except to enter into and complete
transactions. You agree not to use any such information for purposes
of solicitation, advertising, unsolicited spamming, harassment,
invasion of privacy, otherwise objectionable conduct or otherwise
inconsistent with our privacy policy.
Investigation.
As permitted by applicable law and consistent with our privacy
policy,
Menu Manitoba has the right but not the obligation, to
monitor any activity and content associated with this website.
Menu Manitoba may investigate any reported violation of its
policies or complaints and take any action that it deems
appropriate. Such action may include, but is not limited to, issuing
warnings, suspension or termination of service, denying access
and/or removal of any materials on the website, including vehicles.
Menu Manitoba reserves the right and has absolute
discretion, to remove, screen or edit any content that violates
these provisions or is otherwise objectionable.
Disclosure of Information.
As permitted by applicable law, Menu Manitoba also reserves
the right to report any activity that it suspects violates any law
or regulation to appropriate law enforcement officials, regulators,
or other third parties. In order to cooperate with information
requests, to protect
Menu Manitoba systems and customers, to allow users to
resolve disputes, or to ensure the integrity and operation of
Menu Manitoba business and systems or other purposes deemed
reasonable by
Menu Manitoba. Menu Manitoba may access and disclose
any information it considers necessary or appropriate, including,
without limitation, user contact details, IP addressing and traffic
information, usage history and posted content.
Compliance with Laws;
Fraud.
The website and services only may be used for lawful purposes and in
a lawful manner. You agree to comply with all applicable laws,
statutes and regulations regarding use of the website and services,
including in regard to listing, purchasing and selling items. You
may not register under a false name or use an invalid or
unauthorized credit card or other means of payment. You may not make
purchases under a false name, impersonate any participant, or use
another participant’s password(s) (if applicable). Such fraudulent
conduct is a violation of federal and provincial/state laws.
Fraudulent conduct may be reported to law enforcement, and
Menu Manitoba will cooperate to ensure that violators are
prosecuted to the fullest extent of the law.
Breach.
Without limiting other remedies, Menu Manitoba may
immediately issue a warning, temporarily suspend, indefinitely
suspend or terminate your agreement and refuse to provide its
services to you: (a) if you breach this Agreement or the documents
it incorporates by reference;
(b) if Menu Manitoba or any purchaser, vendor or seller is
unable to verify or authenticate any information you provide to
Menu Manitoba; or
(c) if Menu Manitoba believes that your actions may cause
legal liability for you, other
Menu Manitoba users or Menu Manitoba.
Transactions and Obligations.
Submitters create different obligations by accessing Menu Manitoba
and using the services offered. By listing an item, you represent
and warrant to prospective buyers that you have the right and
ability to sell, and that the listing is accurate, current and
complete and is not misleading or otherwise deceptive.
By entering into this agreement and posting a listing, you agree to
complete the transaction as described by this agreement. You
acknowledge that by not fulfilling these obligations, your action or
inaction may be legally actionable.
The fee/payment paid to Menu Manitoba is considered to be
non-refundable in such cases of dispute.
Submitters(s) agree to and must pay Menu Manitoba at the
time of sale agreement with CASH, CERTIFIED
CHECK, MONEY ORDER or BANK DRAFT only.
Credit cards will not be accepted by
Menu Manitoba for any fee/payment or sale transaction.
MENU MANITOBA WILL ISSUE RECEIPTS FOR ALL TRANSACTIONS IN A
TIMELY FASHION FOR THE CURRENT TAX YEAR.
IT IS THE SELLER’S RESPONSIBILITY TO ACCURATELY DESCRIBE THE ITEMS
AND/OR SERVICES FOR SALE.
MENU MANITOBA CANNOT ENSURE AND DOES NOT KNOW WHETHER (1)
ANY
MENU MANITOBA SALE LISTING IS ACCURATE, COMPLETE,
MISLEADING OR DECEPTIVE,
(2) THE ITEMS AND/OR SERVICES LISTED IS SAFE, LEGAL OR OF ACCEPTABLE
QUALITY, OR
(3) THE SELLER AND BUYER WILL PERFORM AS PROMISED. ACCORDINGLY, YOU
SHOULD EXERCISE CARE IN ENTERING INTO ANY AGREEMENT WITH ANOTHER
PERSON IN THE
MENU MANITOBA WEBSITE. BUYERS AND SELLERS USE THE SERVICES
IN THE
MENU MANITOBA WEBSITE AT THEIR OWN RISK.
Reservation of Rights.
Menu Manitoba retains the right, but does not have the
obligation, to immediately halt any sale, prevent or restrict access
to the website or the services offered or take any other action to
restrict access to or availability of objectionable material, any
inaccurate listing, any inappropriately categorized items, any
unlawful items or any items otherwise prohibited by
Menu Manitoba procedures and guidelines, and to correct any
inaccurate listing or any inappropriately categorized items in
Menu Manitoba website.
Indemnity.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD MENU MANITOBA AND
OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS,
AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES,
LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO
ATTORNEYS’ FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR
BREACH OF THIS AGREEMENT, INCLUDING THE DOCUMENTS INCORPORATED BY
REFERENCE; (B) YOUR VIOLATION OF ANY PROVINCIAL/STATE, FEDERAL,
FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR
VIOLATION OF ANY THIRD PARTY’S RIGHTS, INCLUDING, BUT NOT LIMITED
TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY
RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL
SURVIVE THE TERMINATION OF THIS AGREEMENT.
Applicable Law and Arbitration.
The laws of the Province of Manitoba and the Country of Canada
govern this agreement and all of its terms and conditions, without
giving effect to any principles of conflicts of laws. YOU AGREE THAT
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS
AGREEMENT OR OUR SERVICES SHALL BE SETTLED BY BINDING ARBITRATION IN
ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF MANITOBA AND
CANADA. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN
INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION
WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION
SHALL BE CONDUCTED IN WINNIPEG MANITOBA, AND JUDGMENT ON THE
ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION
THEREOF. EITHER YOU OR
MENU MANITOBA MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF
FROM A COURT OF COMPETENT JURISDICTION IN WINNIPEG MANITOBA CANADA,
IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR
MENU MANITOBA PENDING THE COMPLETION OF ARBITRATION AND YOU
HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE
EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR
PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.
General Release.
BECAUSE MENU MANITOBA IS NOT INVOLVED IN TRANSACTIONS
BETWEEN BUYERS AND SELLERS OR OTHER PARTICIPANT DEALINGS IN THE
SALE/PURCHASE OF ITEMS AND/OR SERVICES, IF A DISPUTE ARISES BETWEEN
ONE OR MORE PARTICIPANTS, EACH OF YOU AGREES TO RELEASE
MENU MANITOBA (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS,
DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND
NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND
UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH
DISPUTES.
Licenses - Your Grant.
By entering into this Agreement and listing an item, you grant Menu Manitoba
and its affiliates a non-exclusive world-wide royalty-free,
irrevocable, right to exercise all copyright, trademark rights, and
rights of publicity over the material displayed in your listings,
bids, or purchases in any existing or future media, known or
unknown, now or at any later date. This grant shall be limited to
Menu Manitoba and its affiliates’ use of your materials in
connection with the website and the services offered, which may
include advertising and promotion for the website and the services.
You represent and warrant that you own or otherwise control all of
the rights to the materials displayed in your listings, bids or
purchases, and that the use of such materials by
Menu Manitoba and its affiliates will not infringe upon or
violate the rights of any third party.
Termination. Menu Manitoba, in its sole discretion, may terminate or
modify this agreement, access to the website or the services
offered, without notice for any reason.
General Provision.
Entire Agreement.
This Agreement and the general terms, conditions set forth on the
website constitute the entire agreement of the parties with respect
to the subject matter hereof and supersedes and cancels all prior
and contemporaneous agreements, claims, representations and
understandings of the parties in connection with the subject matter
hereof.
No Agency; Third-Party Beneficiary. Menu Manitoba is not the agent, fiduciary, trustee or other
representative of you. Nothing expressed or mentioned in or implied
from this Agreement is intended or shall be construed to give any
person other than the parties hereto any legal or equitable right,
remedy or claim under or in respect to this agreement. This
agreement and all of the representations, warranties, covenants,
conditions and provisions hereof are intended to be and are for the
sole and exclusive benefit of
Menu Manitoba, you, and relying buyers or sellers.
Severability.
If any provision of this Agreement shall be deemed unlawful, void,
or for any reason unenforceable, then that provision shall be deemed
severable from these terms and conditions and shall not affect the
validity and enforceability of any remaining provisions.
No Waiver. Menu Manitoba's failure to enforce the strict performance of
any provision of this agreement will not constitute a waiver of
Menu Manitoba's right to subsequently enforce such
provision or any other provisions of this agreement.
