In these Menu Terms, the following words have the meanings set out below:
"Account" — the registered account through which You access the Service.
"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.
"Site/App" — the Mint website and/or mobile application through which the Service is made available, including the Menu Page.
"Venue" — the food or drink premises operated by a business, company, partnership or sole trader using the Service (and to whom the Business Terms apply).
"Venue Operator" — the business, company, partnership or sole trader operating the Venue and using the Service.
"We" / "Us" / "Our" — Cairngorm Research Limited (a company incorporated in Scotland with company number SC877959 and having its registered office at Summit House, 4–5 Mitchell Street, Edinburgh, EH6 7BD).
"You" / "Your" — the person accessing or using the Site/App, whether or not You have registered for an Account.
2.1 The Site/App displays Menu Data that has been provided to Us. We do not create, verify, check, audit, or independently confirm any Menu Data or factors that could pose a risk to Your health or safety (including but not limited to kitchen cleanliness, hygiene, allergen segregation, contamination risks or staff training, knowledge, competence or certification). We do not generate, infer, predict, or guess allergen information, ingredients, or contamination risks. You acknowledge that Menu Data reflects only what the relevant Venue Operator has chosen to provide to Us, and that such Menu Data may be erroneous, wrong, inaccurate, incomplete, or out of date.
2.2 The Site/App is not a substitute for speaking to serving or kitchen staff at the Venue. Before ordering or consuming any food or drink, You must and hereby agree that You will inform an appropriate member of Venue staff about the details of Your allergy or allergies and ask them to confirm directly with the appropriate kitchen staff, including where the Site/App indicates that a dish contains, does not contain or may contain a particular allergen. You must and hereby agree that You will only order or consume such food or drink in the event that You are fully satisfied (to the standard of a reasonable person) that the food or drink poses no risk to Your life, health or safety, including but not limited to the potential for allergic reactions, anaphylaxis, severe breathing difficulties, aggravation of existing health conditions, other medical complications, and death. Responsibility for checking the ingredients and allergen profiles of food or drink (and their suitability and safety for consumption by You) prior to ordering or consuming thereof resides entirely with You. This applies in general but is especially important if You have one or more severe or life-threatening allergies. You acknowledge and agree that You must and will exercise extreme caution when considering which food and drink to order and consume. You acknowledge and agree that You will take all reasonable precautions before ordering and consuming food and drink.
2.3 You acknowledge and agree that allergen information can change at short notice (including, but not limited to, a change of recipe, ingredients or supplier) and a Venue Operator's Menu Data may not yet reflect such a change at the time You access or view it. The "last reviewed" date shown on a Menu Page indicates only when the Venue last confirmed their Menu Data was up to date, and is not a guarantee that there has been no subsequent change including to a recipe, ingredient, allergen presence or supplier.
2.4 The "Notify kitchen" feature, where available, is provided as a courtesy and is not a guaranteed or monitored communication channel. You must not and agree that You will not rely on the "Notify kitchen" feature as Your sole means of informing staff about Your allergy or allergies, and You agree that You will always inform staff in person about Your allergy or allergies prior to ordering and consuming any food or drink.
2.5 You are entirely responsible for making Your own decisions about what to eat or drink, and for taking any precautions and conducting any enquiries appropriate to Your circumstances (including, but not limited to, carrying medication such as antihistamine or an adrenaline auto-injector). You acknowledge and agree that We are not responsible or liable for any decision You make about what to eat or drink.
2.6 Nothing on this Site/App should be relied upon as the sole or significant basis for any decision about what You eat or drink, especially where You have a food allergy or intolerance. You must and agree that You will always seek and be guided by direct confirmation from Venue staff, and Your own medical advice and health and medical circumstances, when making decisions about what food or drink You consume.
2.7 Where You are making a decision about what food or drink another person (including, but not limited to, a child, family member or dependant) should or should not order or consume, Clause 2 applies (and these Menu Terms apply) equally to that decision as if it were a decision about what food or drink You yourself should or should not order or consume. All duties to inform and consult with Venue staff, described in Clause 2, apply equally to You in relation to a decision about what food or drink another person should or should not consume. All precautions and precautionary duties referred to in Clause 2 apply equally to You when deciding what food or drink another person should or should not order or consume, including full regard for that person's health, safety and medical circumstances, including full understanding of the risks of allergic reactions to that person (including but not limited to anaphylaxis, severe breathing difficulties, aggravation of existing health conditions, other medical complications, and death). Responsibility for checking the ingredients and allergen profiles of food or drink (and their suitability and safety for consumption by that other person) prior to ordering or consuming thereof resides entirely with You. This applies in general but is especially important if that person has one or more severe or life-threatening allergies. You are entirely responsible for determining that person's health and medical circumstances, including but not limited to their history of allergic reactions or anaphylaxis and any associated risks they may face in that regard. You acknowledge and agree that We are not responsible or liable for any decision You or another person makes about what that person eats or drinks. Any miscommunication, misunderstanding, error, or lack of authority, between You and that other person regarding allergens, allergies, that person's health, safety or medical circumstances are entirely a matter between You and that person, and You acknowledge and agree that We are in no way liable whatsoever with regard to that matter.
2.8 The Menu Page is intended to be viewed only by the person who scanned the QR code or accessed the unique link on their own device, with a view to deciding what food or drink they should or should not order either for their own consumption or for the consumption of a person who has given them full authority to order on their behalf. Any other person who views the Menu Page or relies on the Menu Data or any information or content on the Menu Page or the Service or the Site/App does so entirely at their own risk. We are not responsible or liable for any act or decision made by a person who views the Menu Page or relies on the Menu Data or any information or content on the Menu Page or the Service or the Site/App but who has not themselves accepted Our Terms of Use and Our Menu Terms in their own right. Any person who wishes to view the Menu Page or rely on the Menu Data or any information or content on the Menu Page or the Service or the Site/App must access the Service themselves and must themselves actively accept Our Terms of Use and Our Menu Terms. You are responsible for taking all reasonable steps to ensure that, via your device or any device over which you have or should have reasonable control, no other person views or relies upon the Menu Page or relies on the Menu Data or any information or content on the Menu Page or the Service or the Site/App, as a full or partial basis for any decision about what food or drink they or any other person should or should not order or consume.
3.1 To create an Account, You must provide accurate, up to date and complete information, including a valid email address. You are entirely responsible for maintaining the confidentiality of Your login details and for all activity that occurs under Your Account.
3.2 You may create one or more allergy profiles within Your Account, each containing a name and a list of allergens. You are solely and entirely responsible for the correctness, accuracy, currency and completeness of the allergens You select in each profile. You acknowledge and agree that You fully understand the nature and risks of allergies and allergic reactions in general, and Your allergies and potential for allergic reactions in particular. You acknowledge and agree that You fully know the existence and extent of Your own allergies and potential for allergic reactions. You acknowledge and agree that You fully understand the risks of allergic reactions, including but not limited to the risks of anaphylaxis, severe breathing difficulties, aggravation of existing health conditions, other medical complications, and death.
3.3 The Site/App filters Menu Data against the allergens listed in Your active profile. You acknowledge and agree that this filtering is only as accurate as: (a) the allergens You have selected in Your active profile, and (b) the Menu Data provided to Us, as described in Clause 2. An allergen that is not listed in Your active profile will not be filtered for, even if You (or the person to whom the active profile relates) are allergic to it.
3.4 You are solely and entirely responsible for keeping all allergy profile(s) on Your Account correct, accurate, complete and up to date, including if Your or another profile holder's allergies change.
3.5 If You create or manage an allergy profile on behalf of another person (including, but not limited to, a child, family member or dependant), You confirm that You are authorised to do so and that the information in that profile is accurate to the best of Your knowledge. You must not create an allergy profile for any person who has not given you full authority to do so. You must not create an allergy profile for any person whose allergies and medical information you do not adequately know and understand. You must immediately delete an allergy profile for any person who withdraws their authority for you to operate an allergy profile on their behalf. You must immediately delete an allergy profile for any person whose allergies and medical information you no longer adequately know and understand.
3.6 Clause 2 applies in full to Account holders as it does to persons without an Account.
We reserve the right to change, update, add to or delete from these Menu Terms. Changes to these Menu Terms take effect immediately upon being posted to the Site/App. If You have an Account, We will additionally notify You of any material change to these Menu Terms by email to the email address associated with Your Account. Continued use of the Site/App after changes are posted constitutes Your acceptance of the revised Menu Terms.
These Menu Terms are governed by the laws of Scotland. Any disputes arising in connection with the Menu Terms shall be subject to the exclusive jurisdiction of the courts of Scotland.
6.1 Entire Agreement. These Menu Terms and the Terms of Use constitute the entire agreement between You and Us in relation to use of the Site/App, and supersede all previous agreements, understandings, and representations between the parties, whether written or oral, relating to its subject matter. These Menu Terms and the Terms of Use together govern Your use of the Site/App. Each party acknowledges that it has not relied on any representation, warranty, or undertaking that is not set out in these Menu Terms or the Terms of Use.
6.2 Severability. If any provision of these Menu 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 Menu Terms or the Terms of Use.
6.3 Waiver. A failure or delay by either party to exercise any right or remedy under these Menu Terms shall not constitute a waiver of that right or remedy. A waiver of any breach of these Menu Terms shall not constitute a waiver of any subsequent breach.
6.4 Third Party Rights. These Menu Terms do not confer any rights on any third party under the Contracts (Third Party Rights) (Scotland) Act 2017 or otherwise.
6.5 Notices. Any notice We need to give You under these Menu Terms will be given by posting it on the Site/App and (if You have an Account) by email to the email address associated with Your Account. Any notice You need to give Us under these Menu Terms must be in writing and sent by email to contact@mintmenu.co.uk. Notices are deemed received: (a) if posted on the Site/App, when posted; or (b) if sent by email, on the next business day after sending, provided no delivery failure notification is received. Where a notice is posted on the Site/App and sent by email, it is deemed received when posted on the Site/App.
6.6 Assignment. You may not assign, transfer, or subcontract any of Your rights or obligations under these Menu Terms without Our prior written consent. We may assign or transfer Our rights and obligations under these Menu Terms to any successor to Our business or part thereof. We may subcontract any of Our rights or obligations under these Menu Terms.
6.7 Force Majeure. We shall not be liable for any failure or delay in performing Our obligations under these Menu Terms where such failure or delay results from causes or circumstances beyond Our reasonable control.