Introduction
This Terms of Use (this “Agreement”) is an agreement between you and Smart Menu Solution,
including but not limited to legal persons, unincorporated organizations that provide Smart Menu
Services.
This Terms of Use governs your use of all Smart Menu Services. You unconditionally accept and
agree to be bound by the terms and conditions set out in this Terms of Use including the Privacy
Policy as well any applicable laws and guidelines when you access the Smart Menu Platform or
use any of the Smart Menu Services. If you disagree with any part hereof, kindly desist from using
the Smart Menu Platform or any of the Smart Menu solution Services. You should read all of these
terms carefully.
Our services
1. Smart Menu Solution is an electronic payment services provider that provides restaurants,
cafes and similar activities with displaying their products in the menu via the electronic
platform by generating a QR code to link you to the menu or downloading the mobile app.
2. The platform contains a variety of restaurants you can choose to order your preferred meal
from and have them picked up and delivered to you or where you want to dine in any of the
listed restaurants or eateries
3. This Platform allows users to order or pick up food from your favorite nearby restaurant
(Services).
4. With Smart Menu mobile app, customers can view the food menu with information for each
menu item, allowing users to make informed choices, and customers can place order directly
from their devices. Orders are immediately sent to kitchen and bar staff, who receive
notification and start the preparation immediately. Customers are notified when their meal is
being prepared and when it is ready to be delivered. Customers are able to pay online via card,
with cash or POS systems.
5. Smart Menu may not be affiliated or have any form of partnerships with these restaurants. We
are only responsible for purchasing or ordering the food on your behalf and instructions and
we get them delivered to you without hassle. Because we execute your orders.
Commented [MOU1]: You may need to improve on the
services provided and how it works

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6. We operate the Platform and implement the tools and technical means to enable this
relationship to work smoothly. We do not have possession of any food offered for sale. Smart
Menu is not a part or subsidiary of any of the restaurants listed on this platform.
7. We have no control over and do not guarantee the existence, quality and safety of food
advertised. We do not guarantee the truth or accuracy of restaurants’ offers and the ability of
restaurants to produce a meal as described.
8. We cannot give any undertaking that meals ordered through this Platform will be of
satisfactory quality and, this and any other such warranties (whether express or implied) are
disclaimed by us to the fullest extent permitted by law.
General Terms and Conditions of Use of the Smart Menu Solution for Buyers and Sellers
1. By using Smart Menu, you accept these general terms and conditions in full. If you disagree
with these general terms and conditions or any part of these general terms and conditions you
should not use this platform or service.
2. This term of use becomes effective from the date you start using our services and continues
until it is terminated by either you (through the closing of your account) or us.
3. If you use our Smart Menu in the course of a business or other organizational project then by
so doing you:
3.1. Confirm that you have obtained the necessary authority to agree to these general terms
and conditions;
3.2. bind both yourself and the person, company, or other legal entity that operates that
business or organizational project to these general terms and conditions; and
3.3. agree that you in these general terms and conditions shall reference both the individual
user and the relevant person, company or legal entity unless the context requires otherwise.
Terms and Conditions:
1. Smart Menu is not responsible for any disagreement or conflict that occurs between the
customer and the Service Provider.
2. The service provider bears full responsibility for his account, the content in his account and
the lists created by him in Smart Menu.

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3. Smart Menu is obligated to license the system for non-exclusive use during the customer’s
subscription period for the paid period.
4. Smart Menu has the right to terminate and stop the service if the service provider is misusing
the platform.
5. Smart Menu reserves the right to amend or replace any of the conditions or clauses mentioned
on this page, or to change, suspend or suspend the service or platform (including but not limited
to providing any feature or content) in at any time, by notification on the site, via e-mail, or
any other communication method. Smart Menu may also place restrictions on certain features
and services or limit your access to parts of the service or the entire service without notice or
liability.
6. It is the responsibility of customers to review this page periodically if there is updated
information as they will be binding on you. If you are an existing user, we will.
7. Smart Menu is not a party to the transaction between the seller and the buyer
8. a contract for the sale and purchase of a food will come into force between the buyer and seller
upon the buyer’s confirmation of purchase via the Smart Menu.
9. Subject to these general terms and conditions, the seller’s terms of business shall govern the
contract for sale and purchase between the buyer and the seller. Notwithstanding this, the
following provisions will be incorporated into the contract of sale and purchase between the
buyer and the seller:
10. the price for an item will be as stated in the relevant listing;
11. the price for the item must include all taxes and comply with applicable laws in force from
time to time;
12. delivery charges, packaging charges, handling charges, administrative charges, insurance
costs, other ancillary costs and charges where applicable will only be payable by the buyer if
this is expressly and clearly stated in the product listing;
13. Food must be of satisfactory quality as specified in and conform to all description of the food
supplied or made available by the seller to the buyer.
Eligibility
To be eligible to use or access the Smart Menu, the following conditions must be met by you:

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1. You must create a Smart Menu user account on Smart Menu App;
2. as an individual, be at least 18 or be of legal age to form a binding contract under applicable
laws
3. as an individual, legal person, or other organization, you have full power, authority and
capacity to accept these Terms of Use;
4. as an employee or agent of a legal entity, you must have the full power, authority and capacity
to accept these Terms of Use on their behalf and bind such legal entity to these Terms of Use;
5. you have not been previously restricted from using or accessing the Smart Menu. If your
account has already been disabled and you have been banned from using the system you are
not allowed to use the Smart Menu List
6. If you are a competitor or offer any product that competes with Smart Menu Services you are
not allowed to use the smart menu app
7. your use of Smart Menu will not violate any applicable laws and regulations applicable to you,
including but not limited to regulations on anti-money laundering, anti-corruption, and
counter-terrorist financing.
Registration and account:
1. You may not register with our Smart Menu platform if you are under the age of 18 years. By
using Smart Menu, agreeing to these general terms and conditions you warrant and represent
to us that you are at least 18 years of age.;
2. Smart Menu collects and processes users’ personal data. For further details, every user is
encouraged to read the Platform’s “Privacy Policy”. For the avoidance of doubt, with the
exception of our payment provider, we do not share your details with any other third parties.
3. If you register for an account with our Smart Menu, you will be asked to provide full name,
email address, telephone number, delivery address. A one-time password will be provided to
the User upon signing up. It is at this point that you are required to tick a box to confirm to
agree with our terms of use and privacy policy.
3.1. You are solely responsible for keeping your login details confidential and must not
disclose or share it with anyone. You will be responsible for all activities and orders that
take place using your login information.

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3.2. Notify us in writing immediately if you become aware of any disclosure of your password;
and
3.3. You agree to be responsible for any activity on our menu list arising out of any failure to
keep your password confidential and that you may be held liable for any losses arising out
of such a failure.
4. Your account shall be used exclusively by you and you shall not transfer your account to any
third party. If you authorize any third party to manage your account on your behalf this shall
be at your own risk.
5. You hereby agree that you are responsible for maintaining adequate confidentiality and control
of any and all credentials that you use to access the Smart Manu Platform.
6. You acknowledge that Smart Menu shall not in any way be liable for any loss, damage or costs
caused by authorized or unauthorized use of your Smart Menu user account credentials.
7. We will never request for your credentials via email, SMS or any other means. If you receive
such communication, please disregard and contact us
8. We may suspend or cancel your account and/or edit your account details at any time in our
sole discretion and without notice or explanation providing that if we cancel any services you
have paid for but not received and you have not breached these general terms and conditions,
we will refund you in respect of the same.
9. Where we have reason to suspect or believe that there has or is likely to be a security breach
or other misuse of our Platform, we reserve the right to require you to change your password.
Failure to do so may result in us suspending or deleting your account.
10. You may cancel your account on our platform by contacting us in which case your details will
be deleted from the Platform.
11. Once you create an account, you will be able to select restaurants of your choice and order
your meals
12. As a user, you:
12.1. represent and understand that all account information provided is accurate, up to date,
honest and not misleading;
12.2. commit to updating your account information as and when it changes; and
12.3. accept sole responsibility for any direct or indirect adverse consequences caused by the
inaccuracy of this information or failure to update this information.

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13. The information submitted to create or update an account constitutes a proof of your identity.
We reserve the right to verify, at any time the accuracy of the information provided and to ask
you for any additional documentation for the purpose of identity verification.
Accessing our Platform and the Services
1. We do not guarantee that our Platforms or any of the Services, will always be available,
uninterrupted or fault free. We will not be liable to any user of the Platform if for any reason
the Platform is unavailable at any time or for any period.
2. We do not guarantee that our Platform or any content on it will be free from errors or omissions.
3. You are responsible for making all arrangements necessary to have access to our Platforms
and for ensuring that all persons who access the Platform through your user profile are aware
of these terms of use and other applicable terms and conditions, and that they comply with
them.
Data confidentiality and security:
1. Smart Menu Implement strong security measures to protect user data and ensure compliance
with privacy regulations.
2. You must provide us with correct and updated Personal Information including –identity data,
identity documents, transaction data, and technical data. Your Personal Information shall be
properly protected and kept confidential at all times.
3. We may use, process, store and transfer your Personal Information in order to –
3.1. provide Smart Menu services, communications, and Customer services to you;
3.2. comply with applicable laws and regulatory requirements;
3.3. secure your Smart Menu user account and maintain data and information security;
3.4. verify the identity details and bank account details which you provide to us;
3.5. protect our vital interests and that of others;
3.6. facilitate corporate reorganisations; and implement direct marketing campaigns.
4. (name of developer of the app) the developer for Smart Menu ensures the security and
protection of its customers’ data and uses proper procedures and safety standards in collecting,
preserving and dealing with data against unauthorized dealing.
Commented [MOU2]: Which entity?

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5. Smart Menu is committed not to sell, rent or trade the data of its customers from the users of
the system. Knowing that Smart Menu may use a third party to help it implement its business
and improve service quality.
6. The data is not shared with any official government agency except by an official letter
addressed to the company for data disclosures in security and criminal cases.
Payments
1. You must make payments in accordance with the Payments Information and Guidelines on the
Smart Menu.
2. Customers are able to pay online via card, transfers, with cash, POS systems or any other
acceptable mode of payment as may be authorized by Smart Menu.
3. All payments made on our Platform are processed by a third-party payment processor which
provides a gateway for online payments.
4. The payment processor is solely responsible for all payment transactions consummated on our
Platform.
5. The sale prices of meals are displayed in the offers. They are given in Naira and include any
applicable taxes.
6. The delivery fee can be accessed at the checkout page.
7. The total price is stated in the offer at checkout and is due for payment when the order is placed.
8. By creating an account, you agree to be bound by these terms of payment
Returns and refunds
1. While making a bill payment transaction to a third-party merchant using Smart Menu platform,
if you input an incorrect amount or reference number you cannot rectify or reverse the
completed transaction on the Platform.
2. Smart menu shall not be obliged to make a refund or amend the erroneous transaction. You
must directly contact the third-party merchant for any refund, rectification or reversal of such
erroneous transaction.
Delivery Services
1. Ensure seamless integration with local delivery services for order fulfillment.

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2. The delivery of your meal is executed directly between you and Smart Meal.
3. You commit to taking delivery of the meals you have ordered through the Platform.
4. If you do not receive all the orders you made, you must immediately contact the Smart Menu
customer service without delay. In this event the order will be delivered and if appropriate
cases, you will be refunded the sum corresponding to the undelivered order.
5. Users expressly accept that they are not able to ask for a refund or a later delivery of orders
which they have made but failed to take delivery.
6. It is your responsibility to confirm delivery details and to ensure that the details provided
including your address and phone number are accurate.
7. In the case of inaccurate or mixed up of orders, you agree to contact Smart Menu immediately
and request for a return. The order should remain as delivered and not tampered with such that
it becomes impracticable to bring it back to the form in which it was delivered.

Limitation of Liability
1. Nothing in these terms of use excludes or limits our liability for personal injury arising from
our negligence or fraudulent misrepresentation or any other liability that cannot be excluded
or limited by Nigerian law.
2. To the extent permitted by law, we exclude all conditions, warranties, representations or other
terms which may otherwise apply to our Platform or any content on it, whether express or
implied.
3. We assume no responsibility for the content of websites linked to our Platform. Such links
should not be interpreted as endorsement by us of those linked websites. We will not be liable
for any loss or damage that may arise from your use of them.
4. As a user, please note that we only provide our Platform for domestic and private use. You
agree not to use our Platform for any commercial or business purposes without a written
unequivocal consent and we have no liability to you for any loss of profit or loss of business
opportunity.

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5. To the extent permitted by the law, Smart Menu Limited shall not be liable to you for any
indirect punitive, incidental, special or exemplary damages arising out of your inability to use
our Services.
6. We are not liable for any damage which may be incurred by you from unauthorized use of,
tampering or access to your Smart Menu account.
7. Smart Menu is not liable and you agree not to hold Smart Menu liable for any damages or
losses resulting either directly or indirectly from:
7.1. delays or disruptions in our Services, software, and Platform;
7.2. your use or inability to use or access our Services or Platform;
7.3. a suspension or other actions taken with your Smart Menu account;
7.4. any access or use of our services in a manner that is inconsistent with these terms of use
or any error, inaccuracies, losses or omissions in or to any data provided to us; and
7.5. any damage caused by a virus or other technologically harmful material that may infect
your electronic devices due to the use of our Platform or any website linked to it.
7.6. We will not be liable to any user for any loss or damage, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, even if foreseeable arising
in connection with use of or inability to use our Platform.
Indemnification
1. You agree to indemnify, defend and hold Smart Menu Solution harmless against any loss,
damage, liability and claim due to or arising out of your:
1.1. Use or misuse of our Services; and
1.2. breach of these terms of use or any applicable law.
2. We reserve the right at your expense to assume the exclusive defense and control of any matter
for which you are required to indemnify us, and you agree to cooperate with our defense of
such claims.
Restricted Activities
1. Our Platform must be used only for lawful purposes. You must not, and must not allow another
person to use it for any purpose other than which we made it available.
2. As a user of our Services and Platform, you agree not to use them:

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2.1. in a way that breaches the provision of any applicable law or regulation;
2.2. in a way that is not authorized by us or detrimental to us;
2.3. for any fraudulent purpose or act (Including provision of false identification); and
2.4. to modify, adapt, decipher, disassemble or reverse engineer any of the software making
up a part of our Platform.
Electronic Communication
1. By accessing and using our Services, you consent to receiving electronic communications, and
that all notices, disclosures and other communications we provide to you electronically through
emails or displayed on our Platform satisfy any legal requirement for written communications
2. You agree to the use of electronic signatures, contracts, orders and other records and to
electronic delivery of records of transactions initiated or completed by you. You waive the
rights or requirements of any law in any jurisdictions which require original signature, or
delivery or retention of non-electronic records
Promotional Codes
1. Smart Menu may at its sole discretion, create promotional codes that may be redeemed for
purchase discount, or other features or benefits related to the Services, subject to any additional
terms that Smart Menu establishes on a per promotional code basis (“Promo Codes”). You
agree that Promo Codes:
1.1. must be used for the intended purpose, and in a lawful manner;
1.2. may not be duplicated, sold or transferred in any manner, or made available to the general
public (whether posted to a public form or otherwise);
1.3. may be disabled by Smart Menu at any time for any reason without liability to Smart
Menu;
1.4. may only be used pursuant to the specific terms that Smart Menu establishes for such
Promo Code;
1.5. are not valid for cash; and
1.6. may expire prior to your use.
1.7. Smart Menu reserves the right to withhold or deduct credits or other features or benefits
obtained through the use of Promo Codes by you or any other user in the event that Smart

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Menu determines or believes that the use or redemption of the Promo Code was in error,
fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms
Severability
1. If any of these terms of use are determined by any competent authority to be invalid, unlawful
or unenforceable to any extent, such term, condition or provision will to that extent be severed
from the remaining terms, conditions and provisions which will continue to be valid to the
fullest extent permitted by Nigerian law.
Sanctions of Breaches
2. In the event of any fraud, breach of these terms of use or violation of applicable laws or
regulations, we reserve the right to take any appropriate measure, including without limitation:
3. suspending or terminating access to all or part of the services of the user who committed the
breach; or
4. alerting all relevant authorities and taking legal action.
5. Any suspension or termination shall take full effect on the date we send the communication to
the user and the user’s account will be automatically deleted without further notice.
Placing Orders
1. The images of the products listed on our Platform may be stock photographs used by us for
illustrative purposes only. Although we will make every effort to be as accurate as possible.
2. The order page and our communications to you in relation to any order will be in English. The
order page will allow you to make your order, review your order and make any corrections
before confirmation.
3. The order page leads to the checkout page where your order is to be confirmed and by
confirming your order you agree that you have made all necessary corrections.
4. To place an order, you must select the restaurant and the meal from the list provided on the
homepage of the Platform.
5. Where a restaurant of choice is not listed on the Platform, you may contact us to request listing,
however, we are not bound to list recommended restaurants on the Platform

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6. The user can access a summary of the order at the checkout page at any time before
confirmation.
7. Confirmation of an order amounts to an offer to enter into a contract to purchase a selected
meal, therefore any user who chooses to cancel an order is to do so before the order is accepted
by the restaurant, after which cancellation can no longer occur.
8. The Platform contains a tool summarizing your orders and the history of payments which you
can access at any time.
Disclaimer
1. Smart Menu disclaims all representations and warranties, express, implied or statutory, not
expressly set out in these terms. Smart Menu makes no representation of having an existing
relationship, engagement or commitment with any of the restaurants listed on the platform. In
addition, Smart Menu makes no representation, warranty, or guarantee regarding the reliability,
timeliness, quality, suitability or availability of the Services or any services or goods requested
through the use of the Services, or that the Services will be uninterrupted or error-free. You
agree that the entire risk arising out of your use of the Services, and any service or good
requested in connection with it, remains solely with you, to the maximum extent permitted
under applicable law.
2. You acknowledge that words and terms used to describe the food menu for all the restaurants
listed were provided to us by users who have requested that we purchase food on their behalf
in the past. Smart Menu will not be liable for any inappropriate or inaccurate use of food names
on this Platform. Kindly contact us if you believe a food menu has been wrongly described and
we will immediately take steps to remedy the same.
3. The content on our Platform was provided for general information only and is not intended to
amount to advice on which you should rely. Although we make reasonable efforts to update
the information on our site, we make no representation or guarantee, whether express or
implied, that the content on our website/application is complete or up-to-date and you
acknowledge that any reliance on such information will be at your own risk.

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Intellectual property rights:
1. We and our Partners own all intellectual property rights in the Platform and any materials
published on it. These rights are protected under applicable copyright laws and all such rights
are reserved. You may only access and use the materials for personal use.
2. No party or customer has the right to reproduce, distribute, publicise, modify or allow any
person or entity, for any reason, to use or reproduce the services and functions of the system
or any trademarks or other trade names that appear in the services without a license to do so
from us.
3. We are the licensor of all rights, titles, interests, in and to the Platform including all rights
under patents, copyrights, design rights, trade secrets, and any and all other proprietary rights.
Any disassembling, decryption, extraction, re-use, re-engineer, reverse engineer, copying or
more generally any act of reproduction, representation, transmission or use of any of these
elements, in part or in whole, without the authorization of the company is strictly prohibited
and may be result in legal action.
4. If you believe the content of our Platform may have infringed on your copyright in any manner,
kindly contact us and we will immediately take steps to stop or remedy such breach.
Governing Law
1. This Agreement and the rights and obligations of the Parties hereunder shall be governed by
and interpreted and construed in accordance with the laws of Nigeria.
2. Any dispute, claim or disagreement arising out of or related to any clause of this agreement or
any violation of it, its implementation, its interpretation, its validity, or the use of the App or
the service and the platform shall be subject to the laws and regulations of the laws of Nigeria
and shall be interpreted in accordance with it.
3. The invalidity of any provision does not affect the provisions of user conditions that lie on the
rest of the correctness of the other provisions contained in this Convention.
By using the Smart Menu, you agree to all terms, conditions, policies, and other things mentioned
on this page.

Customer Support Representative
1. Our Customer Support Representative assist users with inquiries, gather feedback for
improvements, ensure user satisfaction.
2. If you have any inquiries or more information, please contact us through the following email:
info@smartmenuapp.org
Definition:
1. Service Providers (second party): Restaurants, cafes and owners of similar activities such as
hotel buffets.
2. The Customer: who goes to restaurants and cafes and uses the Smart Menu to order.
3. Clients: It refers to all users of the Smart Menu system, whether customers or service providers.