Authorization

1. Definitions and interpretation 1.1 Definitions The meanings of capitalised terms used in these terms of service are set out below. Terms & meaning Content - Has the meaning given in clause 6(a). Data - Has the meaning given in clause 10(a). Data Analytics - Has the meaning given in clause 10(b). End User - Has the meaning given in clause 12. Feedback - Has the meaning given in clause 11(b). Free Plan - A plan under which you use the Oson.Menu Service but where you are not required to pay for that use. Intellectual Property Rights - All industrial and intellectual property rights throughout the world, including all copyright and analogous rights, all rights in relation to inventions or discoveries (including patent rights), designs, registered and unregistered trade marks (including service marks), trade names, brand names, indications of source or appellations of origin, know-how, software, circuit layouts and all other rights throughout the world resulting from intellectual activity in the industrial, scientific or artistic fields. Jurisdiction Specific Terms - The terms in clause 18. Oson.Menu Content - Has the meaning given in clause 9(f). Oson.Menu Service - The service, delivered by us through the Website (or by any other means from time to time, including an application), that allows you to create a Page. Page - A personalised and easily-customizable page that houses your Content, including all the important links you want to share with your audience. Paid Plan - A plan under which you use the Oson.Menu Service but where a fee is payable for use of the Oson.Menu Service (and under which you receive additional functionality). We/our/us - Oson.Menu Pty Ltd. Website - The website located at www.oson.menu 1.2 Interpretation In these terms of service: (a) headings in bold type are for convenience only and do not affect the interpretation of these terms of service; (b) words of any gender include all genders; (c) an expression referring to a person includes any company, partnership, joint venture, association, corporation or other body corporate and any governmental agency as well as an individual; (d) a reference to any legislation, regulations, binding directions issued by government agencies, mandatory codes of conduct, or similar, includes all delegated instruments made under them and any amendments, consolidations, replacements or re-enactments of any of them; (e) a reference to a day means the period of time commencing at midnight and ending 24 hours later; (f) a reference to R is to Russian Rouble currency unless denominated otherwise; and (g) specifying anything in these terms of service after the words “include” or “for example” or similar expressions does not limit what else is included. 2. Acceptance (a) These are binding terms: By accessing or using the Oson.Menu Service: (1) you agree to be bound by these terms of service. If you disagree with any part of these terms of service then you may not access the Oson.Menu Service; and (2) you confirm that you can form a binding contract with us, that you accept these terms of service and that you agree to comply with them. (b) Please comply with our Privacy Policy: Your access to and use of the Oson.Menu Service is also subject to our Privacy Policy. By using the Oson.Menu Service, you consent to the terms of the Privacy Policy. (c) Jurisdiction Specific Terms: If you access or use the Oson.Menu Service from a jurisdiction for which there are Jurisdiction Specific Terms, you also hereby agree to the specific terms applicable to each relevant jurisdiction and in the event of a conflict between the provisions of these terms of service and the Jurisdiction Specific Terms, the Jurisdiction Specific Terms will prevail to the extent of the inconsistency. (d) You are the authorised representative of a business (if relevant): If you are accessing the Service on behalf of a business or entity then you represent and warrant that you are an authorised representative of the business or the entity with the authority to bind the entity to these terms of service, and that you agree to these terms of service on the entity’s behalf. (e) Eligibility: You warrant that you are at least 18 years old and you are legally capable of entering into binding contracts. If you are under 18 years old, you must obtain the consent from your parent or guardian for you to use the Oson.Menu Service and they agree to be bound by these terms of service on your behalf. 3. Term (a) When a Free Plan starts and ends: A Free Plan will begin when these terms of service are accepted by you (or, if applicable, the date that your Paid Plan automatically converts to a Free Plan, as set out below) and will continue until you cancel on the Billing Page. (b) When a Paid Plan starts and ends: A Paid Plan will begin when you have selected the relevant ‘Paid Plan’ option (including whether you are on a monthly or an annual billing cycle) and when these terms of service are accepted by you, and will continue until you cancel your Paid Plan on the Billing Page. Where you cancel your Paid Plan: (1) your Paid Plan will continue until the end of the current billing cycle that applies to your Paid Plan; and (2) at the end of that billing cycle, your Paid Plan will automatically convert to a Free Plan. (c) Refunds on cancellation of Paid Plan: However, we do understand that sometimes your requirements may change. If you have selected a Paid Plan but then cancel the Paid Plan on the Billing Page within 72 hours after you have accepted these terms of service: if your Paid Plan has a monthly billing cycle: (A) we will provide you as soon as we can with a full refund of that month’s charges that you paid up front; and (B) your Paid Plan will end at the time you cancel it and will automatically convert to a Free Plan; or if your Paid Plan has an annual billing cycle: (A) we will provide you as soon as we can with a refund of the equivalent of 11 months’ worth of the annual charges you paid up front; and (B) your Paid Plan will end at the end of the calendar month in which you cancelled it and will automatically convert to a Free Plan. (d) Account deletion: If you no longer want to use a Free Plan and would like your account deleted permanently, you can do this on your ‘My Account’ page. You should note though that if you do this, you will not be able to reactivate your account and will not be able to retrieve any of the Content or information you have added. (e) We can cancel or suspend your plan: Please note that these terms of service allow us to suspend or cancel your Free Plan or Paid Plan in certain circumstances (for example, see clause 16). Also, if we do not receive payment for your Paid Plan in accordance with clause 8, we reserve the right to cancel your Paid Plan. 4. Changes to the Terms and the Oson.Menu Service (a) We can change these terms of service: We may change or replace these terms of service at any time if the change is necessary to reflect changed or added functionality of the Oson.Menu Service, for compliance with law, for reasonable commercial reasons, or otherwise to protect our legitimate interests. (b) We may notify you of certain changes to the terms of service: If a change to these terms of service may have a material negative effect on you, we will use our best efforts to advise you of the change in advance (for example, by providing a notification on the Website), and we will aim to do so least 1 month prior to any new terms taking effect. (c) You must check these terms of service for changes: It is your responsibility to check these terms of service from time to time for any changes. If you do not agree with any of the changes to these terms of service, it is your responsibility to stop using the Oson.Menu Service and/or cancel in accordance with clause 3. (d) Your continued use deemed to be acceptance: Your continued use of the Oson.Menu Service will be deemed as your acceptance of any changes to these terms of service, as described above. (e) We can change the Oson.Menu Service and functionality: You acknowledge that the Oson.Menu Service is constantly evolving, and we may change parts of the Oson.Menu Service and its functionality from time to time.