Terms of Service for End-User
In accordance with the Terms of this Agreement, the provision of services through ellMenus shall be referred to as the "Service." "Merchant Services" refers to the services and items offered by the Merchant through the Service. A "Facilitator" is defined as a third-party service provider that facilitates the provision of Merchant Services to End-Users through the Service. An "End-User" is defined as a user of the Service who browses, locates, orders, purchases, and reserves Merchant Services offered by Merchants and facilitated by Facilitators. The terms "Service Providers" refer collectively to Merchants and Facilitators. "Merchant Venue" refers to a designated location where the Merchant can offer their services to End-Users through the ellMenus.
To use the Service, you must be 18 years or older and capable of entering into a legally binding agreement. If you are barred or otherwise legally prohibited from receiving or using the Service or any Merchant Service under the laws of your country, you are not allowed to access or use the Service.
Using the Service.
ellMenus allows you as an End-User of the Service to browse, locate, order, purchase, and reserve services offered by Merchants. Merchant Services may also be offered third-party facilitating services and facilitate the provision of Merchant Services.
ellMenus does not manage or process any financial transactions between the Merchant and End-User. The financial transactions are solely the responsibility of the Merchant, and ellMenus merely provides a platform for the Merchant to offer their services to End-Users through the Service.
You are prohibited from using the Services for illegal purposes, violating laws/ordinances, infringing on intellectual property rights, harassing, submitting false information, spreading malware, spamming, engaging in immoral activities, or compromising security is prohibited. ellMenus reserves the right to terminate your use of the Services for violating any prohibited uses.
ellMenus does not participate in the provision of any Merchant Service and does not represent or endorse the reliability, performance, safety, quality, accuracy, reliability, integrity, or legality of any Merchant Service. ellMenus is not responsible for the truth or accuracy of the description of any Merchant Service or of any advice, opinion, offer, proposal, statement, data or other information provided by a Service Provider. ellMenus will not be liable for the actions, errors or omissions of Service Providers.
Verifying Merchant Details.
ellMenus may in some instances attempt to verify information provided by Merchants or Facilitators, but makes no representation regarding the accuracy of such verification. It is your responsibility to verify the identity, qualifications and status of a Merchant.
OTP SMS Verification Requirement.
In order to verify your phone number, ellMenus may require you to provide a One-Time Password (OTP) sent to your phone via SMS. This is a security measure to ensure the accurate identification of you as an End-Users. Failure to provide the required OTP may result in the inability to access certain Services.
Merchant Service Terms.
Purchasing a Merchant Service.
By processing a Merchant Service, you are committing to process it from the Merchant. Please carefully review the Merchant Service description before processing. Service Providers may change the pricing and availability of a Merchant Service at any time before you process it. Service Providers may also post rescheduling and cancellation policies in the Merchant Service description or Merchant Service Terms that may limit your ability to process or cancel without penalty.
Merchant Services are provided solely by Merchants and ellMenus does not offer or sell Merchant Services. Merchants are solely responsible for the terms of their Merchant Services and for honoring all purchased Merchant Services that are sold through the Service. Your purchase or use of a Merchant Service constitutes acceptance of the terms and conditions stated on the specific Merchant Service.
ellMenus may make available to you various Facilitators for payment processing methods to facilitate the purchase of a Merchant Service. You must abide by any relevant terms and conditions or other legal agreement, whether with ellMenus or a third-party facilitator, that governs your use of a given payment processing method. ellMenus may add or remove the Facilitator of payment processing methods at its sole discretion and without notice to you.
Merchant and Facilitator terms and conditions regarding refunds apply to your purchase of a Merchant Service. You may have rights under applicable law or under the applicable Merchant's policies to request a partial or full refund of the Merchant Service. ellMenus is not responsible for a Merchant Service's cancellation or refund policies.
You agree to release ellMenus and its agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with your dispute with any Service Provider, advertiser or other third party in connection with the Service. You agree that you will not involve ellMenus in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement with any Service Provider, advertiser or other third party in connection with the Service. If you attempt to do so, (a) you will pay all costs and attorneys' fees of ellMenus and will provide indemnification as set forth below, and (b) the jurisdiction for any such litigation or dispute will be limited as set forth in the ellMenus. However, nothing in these terms will constitute a waiver of any rights, claims or defenses that you may have with respect to a payment transaction under your card issuer agreement, the card association rules or applicable Saudi Arabia and Saudi Central Bank laws.
These Additional Terms will continue to apply until terminated by either you or ellMenus as set out in this paragraph. If you want to terminate these Additional Terms, you may do so by ceasing your use of the Service and any purchased Merchant Services. ellMenus may, in its sole and absolute discretion without liability to you or any third party, terminate your use of the Service for any reason, including without limitation inactivity or violation of these Additional Terms or other policies ellMenus may establish from time to time. Upon termination of your use of the Service, you remain liable for all payment transactions and any other obligations you have incurred. Upon termination, ellMenus has the right to prohibit your access to the Service and to refuse future access to the Service by you. Those provisions that by their nature should survive termination of these Additional Terms will survive any termination of these Additional Terms.
Changes and Amendments.
We reserve the right to modify this agreement or its Terms related to the Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. An updated version of this Terms will be effective immediately upon the posting of the revised Terms unless otherwise specified. Your continued use of the Services after the effective date of the revised Terms (or such other act specified at that time) will constitute your consent to those changes.
You acknowledge that you have read this agreement and agree to all its terms. By accessing and using the Services you agree to be bound by this Terms. If you do not agree to abide by the terms of this agreement, you are not authorized to access or use the Services.
If you have any questions, concerns, or complaints regarding this Terms, we encourage you to contact us using the details below:
This document was last updated on January 26, 2023