These Business Terms apply to Venue Operators using the Mint Service.
In these Business Terms, the following words have the meanings set out below:
"Account" — the Venue dashboard account through which You access the Service.
"Billing Period" — the recurring period (e.g. monthly or annually, as notified to You at sign-up) for which the Subscription Fee is charged.
"Menu Data" — all menu, dish, allergen, allergy, nutritional and related information provided to Us by the Venue Operator.
"Menu Page" — the consumer-facing webpage generated by the Service displaying the Venue Operator's Menu Data, accessible via a unique link and QR code.
"Service" — the Mint platform, including the Venue dashboard, the Menu Page, and associated features.
"Subscription Fee" — the recurring fee payable by You for access to the Service, as notified to You at sign-up and charged for each Billing Period.
"Venue" — the food or drink premises operated by the Venue Operator.
"Venue Operator" — the business, company, partnership or sole trader operating the Venue and using the Service.
"We / Us / Our" — Cairngorm Research Limited (trading as Mint), company number SC877959, registered address Summit House, 4–5 Mitchell Street, Edinburgh, EH6 7BD.
"You / Your" — the Venue Operator using the Service.
2.1 To use the Service, You must register for an Account by providing accurate and complete information about You and Your Venue, including a valid email address. You are entirely responsible for maintaining the confidentiality of Your Account login details and for all activity that occurs under Your Account.
2.2 The Service is provided on a subscription basis. The Subscription Fee, Billing Period, and any introductory offer (including any free trial period) applicable to Your Account will be as notified to You at sign-up, by email, or via a promotional code, and may vary between businesses or Venues at Our discretion.
2.3 Where an introductory free trial period applies to Your Account, no Subscription Fee is payable until the free trial period ends. We will notify You before the free trial period ends and before any Subscription Fee becomes payable.
2.4 Following any free trial period, the Subscription Fee will be charged in advance on a recurring basis until termination occurs in accordance with these Business Terms.
2.5 We may revise the Subscription Fee on reasonable notice to You. Any revision will take effect from Your next Billing Period following the notice period and will not apply retrospectively.
2.6 If a Subscription Fee payment is not received by Us when due, We may suspend Your Account, including public access to Your Menu Page, until payment is received by Us.
2.7 You may cancel Your subscription at any time in accordance with Clause 7. No refunds are given for any part-paid Billing Period, except where We are in material breach of these Business Terms or as required by applicable law.
2.8 Promotional codes and discount offers are personal to the recipient and may not be shared, published, distributed, or made available to any third party without Our express prior written consent. If We reasonably believe that a promotional code has been shared or distributed without Our consent, We reserve the right, in respect of any Account that shared or used that code without authorisation, to: (a) immediately revoke any free or discounted access granted under that code; (b) charge the full Subscription Fee for any period during which the Service was accessed under that code; and (c) terminate the Account in accordance with Clause 7.4. You are responsible for keeping any promotional code provided to You confidential.
3.1 We will provide You with access to the Service for the purpose of displaying Your Menu Data and operating Your Menu Page, in accordance with these Business Terms.
3.2 We will use reasonable efforts to ensure the Service is available, but We do not guarantee uninterrupted or error-free access. The Service may be unavailable from time to time for maintenance, updates, or reasons outside Our control.
3.3 We may add, change, or remove features of the Service at any time. Where a change materially reduces the functionality available to You, We will give You reasonable notice where practicable.
3.4 You are solely responsible for ensuring You have a suitable device, internet connection and other technology necessary to access and use the Service.
3.5 You may display the Menu Page's unique link and QR code to Your customers by any reasonable means, including printed materials, table displays, and Your own website or social media.
4.1 You retain ownership of Your Menu Data. You grant Us a licence to host, store, process, and display Your Menu Data as part of the Service, including on the Menu Page accessed by Your customers.
4.2 You are solely responsible for the correctness, accuracy, currency and completeness of Your Menu Data, including but not limited to all menu, dish, allergen, allergy, nutritional and related information. We do not check, confirm, verify, or audit Menu Data. We do not generate, infer, predict, or guess menu, dish, allergen, allergy, nutritional or related information on Your behalf.
4.3 You must ensure that Your Menu Data is kept fully up to date and completely and accurately reflects the dishes, ingredients, allergens, allergy information, and nutritional information currently provided at Your Venue, including but not limited to any changes to recipes, ingredients, suppliers, allergens, or allergy information.
4.4 You acknowledge and understand that Your customers may rely on Menu Data displayed via the Service when making decisions about food and drink that may pose a serious risk to their health, including life-threatening allergic reactions. You agree to take all reasonable care in providing and maintaining Your Menu Data accordingly.
4.5 You agree to indemnify and hold us entirely harmless against any legal actions, claims, losses, damages, or costs (including legal costs) whatsoever arising from or in connection with any error, omission or inaccuracy in Your Menu Data whatsoever and howsoever arising and any other breach of this Clause 4.
5.1 All intellectual property rights in the Service, including but not limited to its software, design, presentation, branding, and underlying technology, are and remain the exclusive property of Cairngorm Research Limited. Nothing in these Business Terms transfers any intellectual property rights to you whatsoever.
5.2 The Mint name and brand and Mint Menu name and brand are trade marks and trade names of Cairngorm Research Limited. You may refer to Mint and Mint Menu by name in your marketing and communications provided such references are accurate and do not imply any exclusive relationship, formal partnership, or endorsement between You and Us beyond the provision of the Service under these Business Terms.
5.3 You must not do anything that would infringe, dilute, or otherwise harm our intellectual property rights, including but not limited to:
(a) challenging or contesting our ownership of the intellectual property described in these Business Terms;
(b) registering or attempting to register any trade mark, domain name, or other right that is identical or confusingly similar to the Mint name or brand or Mint Menu name or brand or which may otherwise constitute passing off;
(c) representing to any third party that you own or have any rights in the Service beyond Your existing intellectual property rights in Your Menu Data.
5.4 You retain all intellectual property rights in Your Venue's name, logo, branding, and any other materials You provide to Us for display as part of the Service (together, "Your Brand Materials"). You grant Us a licence to use Your Brand Materials, at no charge to Us, solely for the purpose of providing the Service to You, including displaying them on Your Menu Page.
5.5 You confirm and warrant that You have all necessary rights to provide Your Brand Materials and Menu Data to Us, and that Our use of them in accordance with these Business Terms will not infringe the rights of any third party.
5.6 You must not (or facilitate others to) copy, modify, reverse-engineer, or create derivative works from the Service.
6.1 The Service is provided on an "as is" and "as available" basis. We do not warrant that the Service will be uninterrupted, error-free, or free from harmful components, or that it will meet Your specific requirements.
6.2 Except as expressly set out in these Business Terms, all warranties, conditions, and other terms implied by statute or common law are excluded to the fullest extent permitted by law.
6.3 Subject to Clause 6.5, Our total liability to You arising out of or in connection with these Business Terms, including but not limited to in contract, tort or delict (including negligence), breach of statutory duty, or otherwise, shall not exceed the total Subscription Fees paid by You in the Billing Period immediately preceding the event giving rise to the claim.
6.4 Subject to Clause 6.5, to the fullest extent permitted by law, We shall not be liable for any direct, indirect, incidental, special, or consequential damages, losses, or harms whatsoever or howsoever arising from or connected with the use of, non-use of, or inability to use, our Service, or any content, data, or analysis contained in it, including but not limited to loss of profits, revenue, business, opportunity, goodwill, or anticipated savings or gains, or loss of data, property, or other economic or financial loss or damage, or harm, whatsoever, whether in relation to contract, tort, delict, negligence, or other form of action, in each case whether or not such loss was foreseeable.
6.5 Nothing in these Business Terms excludes or limits Our liability for:
(a) death or personal injury caused by Our negligence which cannot be excluded or limited by law;
(b) fraud or fraudulent misrepresentation which cannot be excluded or limited by law;
(c) any other liability that cannot be excluded or limited by law.
6.6 You agree to indemnify and hold us harmless against any legal actions, claims, losses, damages, or costs (including legal costs) whatsoever arising from your use, distribution, sharing, making available, or non-use of the Service in any manner inconsistent with your rights under these Business Terms or the Terms of Use, or any breach of these Business Terms or the Terms of Use by You.
6.7 You acknowledge that the limitations and exclusions in this Clause 6 are reasonable, having regard to the Subscription Fees charged and the nature of the Service.
7.1 These Business Terms commence on the date You sign up to the Service and continue to apply until terminated in accordance with these Business Terms.
7.2 You may terminate these Business Terms and close Your Account at any time by following the cancellation process made available by the Service or by giving Us written notice. No full or partial refund for payment already made shall be given.
7.3 We may terminate these Business Terms and Your Account at any time and for any reason by giving You at least 30 days' written notice.
7.4 We may terminate these Business Terms and suspend or close Your Account with immediate effect, without notice, if:
(a) You commit a material breach of these Business Terms and, where the breach is capable of remedy, fail to remedy it within 14 (fourteen) days of written notice requiring You to do so;
(b) You commit a material breach of these Business Terms that is not capable of remedy;
(c) You become insolvent, enter administration, receivership, or liquidation, or make any arrangement with Your creditors;
(d) You cease or threaten to cease to carry on business; or
(e) We believe in Our sole discretion that Your Menu Data, use of the Service or any other conduct by You or a person associated with You poses a risk to the health or safety of Your customers or potential future customers (though We shall not be liable or responsible for making such an assessment).
7.5 On termination for any reason: (a) Your right to access the Service ceases; (b) Your Menu Page will be taken down and will no longer be accessible to Your customers; and (c) Clauses 4, 5, 6, 7.6, 8, and 9 (and any other provision which by its nature should survive termination) will continue to apply.
7.6 We may permanently delete or retain Your Menu Data for a reasonable period following termination. You may request a copy of Your Menu Data or its deletion at any time by contacting Us.
8.1 These Business Terms are governed by the law of Scotland. Any dispute or claim arising out of or in connection with these Business Terms or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland and be subject to the exclusive jurisdiction of the courts of Scotland.
9.1 Entire Agreement. These Business Terms constitute the entire agreement between You and Us in relation to the Service, and supersede all previous agreements, understandings, and representations between the parties, whether written or oral, relating to its subject matter. These Business Terms do not affect the Terms of Use, which continue to apply separately. Each party acknowledges that it has not relied on any representation, warranty, or undertaking that is not set out in these Business Terms.
9.2 Variation. We may update these Business Terms from time to time by posting without prior notice a revised version on Our website. We will give You reasonable notice of any material changes (e.g. by email or via the Service), including but not limited to pricing changes. Your continued use of the Service after such changes take effect constitutes acceptance of the updated Business Terms.
9.3 Severability. If any provision of these Business Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification or deletion of a provision shall not affect the validity and enforceability of the rest of these Business Terms.
9.4 Waiver. A failure or delay by either party to exercise any right or remedy under these Business Terms shall not constitute a waiver of that right or remedy. A waiver of any breach of these Business Terms shall not constitute a waiver of any subsequent breach.
9.5 No Partnership or Agency. Nothing in these Business Terms creates a partnership, joint venture, agency, or employment relationship between the parties. You have no authority to bind Us in any way.
9.6 Third Party Rights. These Business Terms do not confer any rights on any third party under the Contracts (Third Party Rights) (Scotland) Act 2017 or otherwise.
9.7 Notices. Any notice required to be given under these Business Terms shall be in writing and delivered by email to the email address set out below, or such other address as either party may reasonably notify to the other in writing. Notices shall be deemed received on the next business day after sending, provided no delivery failure notification is received.
Notices to Us: contact@mintmenu.co.uk
Notices to You: the email address associated with Your Account.
9.8 Assignment. You may not assign, transfer, or subcontract any of your rights or obligations under these Business Terms without Our prior written consent. We may assign or transfer Our rights and obligations under these Business Terms to any successor to Our business or part thereof.
9.9 Force Majeure. We shall not be liable for any failure or delay in performing Our obligations under these Business Terms where such failure or delay results from causes or circumstances outside Our reasonable control.