Terms and Conditions

Australia & New Zealand

TERMS OF USE

These are the terms and conditions (Terms) on which me&u provides  through its website https://www.meandu.com.au/, application and related software (together the App). If you are in Australia, you agree to these terms with Meandu Australia Pty Limited ACN 626 480 788 and if you are in New Zealand, you agree to these terms with Me&u NZ Pty Limited NZBN 9429 0492 58783. 

Key terms summary

The App provides a way for you to receive menu information, communicate your order for products to a venue or restaurant (Venue), and pay for the products you have ordered and services you have received (Services).  Without limiting the Terms, you agree that: your use of the App is subject to these Terms; you are at least 18 years of age; any item ordered through your App account will be paid for by you or your party; you may see different prices for the same menu items depending on which Venue is offering the item, when the item is available, and whether the item is sold through the App; me&u helps manage your experience, but the Venue is responsible for your order; all payments made by you are final and non-refundable, unless otherwise determined by me&u; and all payments made by you will be processed in Australian Dollars (AUD) for Australian based customers and New Zealand (NZD) for New Zealand based customers.

Acceptance of terms

Please read these Terms before accessing the App, as your use of the App and purchase of any products offered through the App is subject to these Terms.  By accessing or using the App, you agree to be bound by these Terms and to the collection and use of your information as set out in our Privacy Policy, whether you are a registered user.  If you do not agree to any of these terms, or are under the age of 18, you may not use the App.  By accessing the App, you warrant that: you are at least 18 years old; you are legally capable of entering into binding contracts; all information provided by you to me&u is truthful, accurate and complete; and me&u can change these Terms from time to time by posting the updated Terms on this page.  You will be subject to the Terms in force at the time that you place an order through the App.  If me&u posts amended Terms on this page, your subsequent use of the App constitutes your acceptance of the updated Terms.  These Terms may not be otherwise amended except in writing signed by you and me&u.

Limited license to use the app

Subject to your acceptance of these Terms, me&u grants you a limited, non-exclusive, non-assignable, non-transferable licence to access and use the App and services solely for your own personal, non-commercial purposes.

Restrictions on use

All rights not otherwise expressly granted by these Terms are reserved by me&u.  You are not permitted to reproduce, copy, publish, sell or exploit any part of the App, the intellectual property rights in the App, or the information you access through the App.  Some Venues may offer alcohol on their menus for purchase.  If you place an order for alcohol you may be asked by the Venue to show identification.  You understand it is an offence for any person under the age of 18 to buy, or attempt to buy, alcohol or for any person over the age of 18 to buy alcohol on behalf of any person under the age of 18.  Orders containing alcohol cannot be accepted from or on behalf of persons under the age of 18.  To be clear, me&u is not selling alcohol to you.  If your order includes alcohol, the Venue is providing it to you, and the Venue is solely responsible for complying with responsible service of alcohol guidelines under applicable liquor laws.  The Venue may reserve the right to refuse you service of alcohol, even when you have ordered and paid for drinks.

Your account

You may access some areas of the App without registering your details with us.  However, to use the services, you must provide us with some of your personal information and have the option to register an account (Account).  To obtain an Account, you must be at least 18 years of age and you must not have been barred from receiving the App or an Account.  Account registration requires you to submit to me&u your name, and mobile telephone number.  All personal information you provide through the App will be collected, handled and used in accordance with relevant data protection laws and me&u’s Privacy Policy.  To use the Services or set up an Account, you will also be required to provide at least one valid payment method supported by me&u.  You agree to keep your Account information accurate and complete.  You will not be able to use the App or services if you have an invalid or expired payment method on file, or are in arrears with your payment for Services.  You acknowledge and agree that you are responsible for any activity that occurs through your Account and you will not sell, transfer, license or assign your Account to anyone else.  You agree that you will not create an account for another person, and will not possess more than one Account, unless permitted by me&u in writing.  If you have an Account, we may share your username with other users of the App who are or appear to be at the same table as you at the Venue.

Ordering and payment processing

The App allows you to order food or beverages from a Venue.  You can only order menu items on the App when you are dining in the Venue.  You understand that use of the services may result in charges to you (Charges).  me&u will receive or enable your payment of the applicable Charges.  Charges will include the price of your order, and other applicable fees such as card processing and other surcharges, which may be applied by the Venue.  Charges will also include applicable taxes where required by law.  The Charges you incur for your order, any discretionary tips you decide to add, are owed to the Venue, and me&u will collect your payment on behalf of the Venue as the Venue’s payment collection agent.  You will be charged the quoted price of the menu items you ordered through the App.  The relevant price will be the price appearing next to the menu items at the time of ordering.  You acknowledge that the prices of menu items offered by a Venue through the App may differ from the prices of the same menu offered outside the App.  Prices may differ from user to user (for example where one user receives a Venue loyalty discount) and may be time-based (for example during ‘happy hour’).  Neither me&u, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of offers or promotions provided through the App.  If you have provided us with your email address you may request that we email you receipts for your payments you have made through the App.

AMENDING OR CANCELLING YOUR ORDER 

Once you order a menu item on the App, you cannot cancel that order.  You must pay for all menu items that you order on the App, even if you leave the Venue prior to receiving the ordered menu item or if the ordered menu item does not arrive.  In limited circumstances, you may be eligible for a refund in accordance with the ‘Refunds’ section in these Terms. Another App user may elect to pay for a menu item that you have ordered.  This can be done though their Account and within limited time after you have selected the item.  If the other App user does not elect to pay, you are liable to pay for the menu item that you ordered.  me&u is not liable in any circumstances for costs that arise out of a dispute about your payment arrangements. If you have any issue or complaint regarding the provision of goods and services by the Venue, you must deal directly with the Venue.

GROUP TABS

To open a bar tab using the Group Tab feature, you must register for an Account, set a bar tab limit and credit the tab with a transaction.  me&u will charge your supplied payment method to the value of the tab limit, and if your tab is not fully spent at the end of your event, the difference will be refunded to you within 72 hours.  Any remaining amount on your tab does not guarantee the Venue will stay open or continue to serve you and your party.   You acknowledge and agree that neither me&u nor the Venue is responsible for ensuring that your tab is spent only by you and the members of your party.  It is your sole responsibility to protect the security of the tab password or access link.  Unauthorised use of the tab by your friends, associates, employees or members of the general public cannot be controlled by me&u or the Venue.  You acknowledge and agree that no refund is available to you from me&u or the Venue for expenses resulting from unauthorised use of your bar tab. 

Refunds

Subject to any applicable consumer law, Venues set their own refund policies.  Once an order has been placed through the App, you will need to contact the Venue directly to inquire if you can cancel the order or whether you are entitled to receive a refund. If a Venue agrees to provide you with a refund you will receive a text confirming that the refund is being processed.  Payment may take several days to reach your nominated account

Content

Unless otherwise specified, images, trademarks, service marks, logos and icons displayed on the App are the property of me&u or its licensors and may not be used without me&u’s prior written consent. You agree that you will not copy, publish, reproduce, disseminate, offer for sale, sell, or reverse engineer the App, or App content. Any unauthorised use of any content, whether owned by me&u or third parties, may violate intellectual property rights subsisting in the App, including copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes.Any feedback you give me&u, including in-App ratings, is given entirely voluntarily, and you agree me&u is free to aggregate, disclose, reproduce, or otherwise use the feedback as it sees fit.

Links and communications

me&u will only send you emails, text messages or notifications, including receipts and notice of changes to the App or Terms if you have opted in to receive these communications from us.  me&u, its partners and affiliates, and in some cases Venues, may send you emails or text messages about promotions or offers if you have opted in to receive communications from them.   All commercial electronic messages will include an unsubscribe facility.  The App may contain links to third-party materials that are not owned or controlled by me&u.  me&u does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services .  If you click on a link in the App that redirects you to a third-party site or content, you become subject to that third party’s terms and conditions, and me&u is not responsible or liable, directly or indirectly, for any damage or loss you suffer in connection with your use of or reliance on any third-party content, goods or services.  Apple Inc, Google Inc and their applicable affiliates will be third-party beneficiaries to these Terms if you have accessed the Services using the App developed for Apple iOS or Android mobile devices, respectively.  These third party beneficiaries are not parties to the Terms and are not responsible for the provision or support of the Services.  Your access to the Services using Apple iOS or Android mobile devices is subject to terms set out in the applicable third party beneficiary’s terms of service as well as these Terms.

Prohibited uses

You agree to use the App in accordance with all applicable laws and regulations.  me&u may investigate or terminate your use of the App if you have misused the App, services, or have behaved in a way which is illegal or is regarded by me&u as inappropriate.  You agree that in using the App you will not:  impersonate any person or entity; use any technology or process to retrieve, index, ‘data mine’, reproduce, reverse engineer the App or its contents; use any material, trademarks, or other proprietary information without obtaining the prior written consent of the owner; remove any copyright, trademark or other proprietary rights notices contained in the App; interfere with or disrupt any services provided through the App; post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the App; or ‘frame or ‘mirror’ any part of the App, without me&u’s prior written permission, or use meta tags or code or other devices containing any reference to me&u or the App in order to direct any person to any other website for any purpose.

You further agree that your information and your interactions on the App shall not: be false, inaccurate or misleading (directly or by omission or failure to update information); infringe any third party’s rights, including but not limited to intellectual property rights, confidentiality, proprietary rights or rights of publicity or privacy; violate any laws; be defamatory; contain any viruses or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or personal information; or create liability for me&u.  me&u reserves the right to refuse to license the App to any person who does not comply with these Terms.

Exclusion of warranties / disclaimer

To the maximum extent permitted by law, the App is provided “as is” and “as available”.  me&u does not warrant the accuracy, completeness, currency or reliability of the me&u App, Service and content.To the maximum extent permitted by law, me&u expressly disclaims all warranties, representations, conditions, undertakings or other obligations including any implied warranties of merchantability, fitness for a particular purpose, non-infringement and any warranty that the App, the Service or me&u content will be error-free.  Any me&u content or other material downloaded or otherwise obtained through the use of the App or the Service is done at your sole risk, and you are solely responsible for any damage to your computer system, device, or loss of data that results from the download or accessing the App.

Limitation of liability

You acknowledge that the Venue is the provider of the menu items ordered on the App, and that any dispute about those goods is solely between you and the Venue.  me&u is not liable in any circumstances for the quality or non-provision of items or  provided by a Venue.  This includes, but is not limited to, any liability in relation to the:  quality of the food, beverage or  provided by the Venue;  any failure of the Venue to meet your dietary requirements, even where you have advised the Venue, through the App or otherwise, of your dietary requirements; any allergic reaction or illness you suffer as a result of consuming the food and beverage provided by the Venue; and or any injury you sustain at the Venue.

You expressly agree that me&u is not liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if me&u has been advised of the possibility of such damages), resulting from:  your use of, or the inability to use, the App; the Venue’s provision, or failed provisions of, products or  ordered through the App; the cost of procuring substitute products or  in the event you are dissatisfied with the products or  ordered from a Venue through the App; an inability to access or use products, or information purchased or obtained through or from the App or Service; any unauthorised access to or alteration of your transmissions or data; or any other matter relating to the App or the Service.  In no event shall me&u’s total liability to you for all damages, losses, and causes of action whether in contract, tort including, but not limited to, negligence, or otherwise exceed the amount paid by you, if any, for accessing the App.  Some jurisdictions do not allow the exclusion of certain warranties or the limitation of exclusion of liability for incidental or consequential damages.  Accordingly, some of the above limitations may not apply to you.  

Other disclaimers

The App and any products or services provided through the App may be temporarily unavailable from time to time for maintenance or other reasons. me&u assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communications line failure. me&u is not responsible for any technical malfunction or other problems related to or resulting from using or downloading the App or materials in connection with the App and/or in connection with any products or services offered through the App. me&u is not liable for any loss or damage you suffer as a result of the provision, or lack thereof, of goods and services by the Venue. me&u may discontinue or alter the services or the App, remove content from the App, or restrict the availability of the App without notice.

Release and indemnification

You agree to release me&u (including its members, managers, officers, employees and agents), from all liability and obligations whatsoever in connection with or arising from your use of the App or the Service provided through the App.  You agree to defend and indemnify me&u (including its officers, members, directors, employees and agents) from and against any and all claims, liabilities, damages, losses or expenses, including legal fees and costs and expenses, arising out of or in any way connected with: your access to or use of the App;  a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under these Terms;  infringement or misappropriation of any intellectual property or other rights of me&u or third parties by you; or any negligence or wilful misconduct by you.

General

Governing Law

If you are in Australia, these Terms are governed by the laws of New South Wales, Australia and subject to the exclusive jurisdiction of the courts of New South Wales.  If you are in New Zealand, these Terms are governed by and construed in accordance with the Laws of New Zealand and the parties submit to the exclusive jurisdiction of the Courts of New Zealand.

Assignment

These Terms, and any rights and licenses granted by them, may not be transferred or assigned by you, but may be assigned by me&u without restriction.

No Waiver

me&u’s failure to assert any right or provision under these Terms does not constitute a waiver of such right or provision.

Entire Agreement / Severability

These Terms, together with any amendments and any additional agreements you enter into with me&u in connection with the Service, constitute the entire agreement between you and me&u.  If any provision of these Terms is deemed invalid, the invalidity of such provision will not affect the validity of the remaining provisions.

Contact

If you are in Australia, all enquiries may be directed to helpme@meandu.com.au.  If you are in New Zealand, all enquiries may be directed to helpme@meandu.co.nz.

United Kingdom

TERMS OF USE

We are Me&u App UK Limited, a company registered in England and Wales under company number 13016888 (me&u).  

These are the terms and conditions (“Terms”) on which me&u provides services through its websites.https://www.meandu.com.au/ and https://meandu.co.uk, application and related software (together, the App). You agree to these terms with me&u. 

Do you need extra help?

If you have questions about these Terms, please contact me&u using the contact details at the bottom of this page 

IMPORTANT NOTICE:

USE OF THE APP: BY TICKING TO ACCEPT THESE TERMS AND CONDITIONS, YOU WILL BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT TICK TO ACCEPT THEM. 

KEY TERMS SUMMARY 

The App provides a way for you to receive menu information, communicate your order for products to a venue or restaurant (“Venue”), and pay for the products you have ordered and services you have received. If you use the App, you agree to be legally bound by these Terms. Without limiting the Terms, you agree that: your use of the App is subject to these Terms; you are at least 18 years of age; any item ordered through your App account will be paid for by you or your party; you may see different prices for the same menu items depending on which Venue is offering the item, when the item is available, and whether the item is sold through the App; me&u helps manage your experience, but the Venue is responsible for your order; all payments made by you  will be inclusive of VAT, are final and Your Rights section below, non-refundable and all payments made by you will be processed in British pound sterling. 

YOUR RIGHTS

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that you have a 14 day right to change your mind and get a full refund on your purchase, unless you ask for the product or service to be provided sooner. Because of what the App does and what it is used for, you will be required to waive this right in order to submit or pay for an order using the App. If the App is faulty, you are entitled to a repair.    

YOUR PRIVACY AND PERSONAL INFORMATION

Our Privacy Notice is available at www.meandu.com/privacy-policy

Your privacy and personal information are important to us. Any personal information you provide to us will be dealt with in line with our Privacy Notice, which explains what personal information me&u collect from you, how and why me&u collect, store, use and share such information, your rights in relation to your personal information and how to contact me&u and supervisory authorities if you have a query or complaint about the use of your personal data. 

ACCEPTANCE OF TERMS

Please read these Terms before accessing the App, as your use of the App and purchase of any products offered through the App is subject to these Terms.  If you do not agree to any of these Terms,  you may not use the App.  By accessing the App, you agree that: you are at least 18 years old; you are legally capable of entering into binding contracts; a legally binding contract will be in place between you and me&u; and all information provided by you to me&u is truthful, accurate, up to date and complete.  me&u may change these Terms from time to time by posting the updated Terms on this page and me&u will inform you by email of any significant changes made.  You will be subject to the Terms in force at the time that you place an order through the App.  These Terms may not be otherwise amended except by me&u or in writing signed by you and me&u.

LIMITED LICENSE TO USE THE APP

Subject to your acceptance of these Terms and the Apple Application Store or Google Android terms and conditions, me&u grants you a limited, non-exclusive, non-assignable, non-transferable licence to access and use the App and services on a single authorised mobile device that you own or control solely for your lawful, own personal, non-commercial purposes.

RESTRICTIONS ON USE

You are not permitted to reproduce, copy, publish, sell or exploit any part of the App, the intellectual property rights in the App, or the information you access through the App. Some Venues may offer alcohol on their menus for purchase.  If you place an order for alcohol you may be asked by the Venue to show identification. You understand that it is an offence for any person under the age of 18 to buy, or attempt to buy, alcohol or for any person over the age of 18 to purchase alcohol on behalf of any person under the age of 18, and orders containing alcohol cannot be accepted from or on behalf of persons under the age of 18. To be clear, me&u is not selling alcohol to you.  If your order includes alcohol, the Venue is providing it to you, and the Venue is solely responsible for complying with responsible service of alcohol guidelines under applicable liquor laws.  The Venue may reserve the right to refuse you service of alcohol, even when you have ordered and paid for drinks.

YOUR ACCOUNT

You may access some areas of the App without registering your details with us.  However, to use the services, you will be asked to provide me&u with some of your personal information and have the option to register an account (“Account”). To obtain an Account, you must comply with the Acceptance of Terms clause of these Terms and you must not have been barred from receiving the App or an Account.  Account registration requires you to submit to me&u your name, and mobile telephone number.  All personal information you provide through the App will be collected, handled and used in accordance with relevant data protection laws and me&u’s Privacy Notice.  To use the services or set up an Account, you will also be required to provide at least one valid payment method supported by me&u.  You agree to keep your Account information accurate and complete.  You will not be able to use the App or services if you have an invalid or expired payment method on file, or have outstanding and overdue sums. You acknowledge and agree that you are responsible for any activity that occurs through your Account and you will not sell, transfer, license or assign your Account to anyone else.  me&u will not be liable to you for any loss that you may suffer if a third party gains access to your Account through the App. This will include any negligence on your part to keep your password adequately secure. If a third party gains unauthorised access and processes an order through your Account, you will be liable for all payments until you inform me&u of the unauthorised access and the order is cancelled. me&u will not be liable to reimburse you for any orders made by a third party’s unauthorised access to your Account. You agree that you will not create an Account for another person, and will not possess more than one Account, unless permitted by me&u in writing.  If you have an Account and have provided explicit consent, we may share your username with other users of the App who are or appear to be at the same table as you at the Venue in accordance with our Privacy Notice.

ORDERING AND PAYMENT PROCESSING

The App allows you to order food or beverages from a Venue.  You can only order menu items on the App when you are dining in the Venue.  When you are using the App, you must inform the Venue of any allergies or any intolerances whatsoever before confirming an order through the App. You understand that use of the services may result in charges to you (“Charges”).  me&u will receive or enable your payment of the applicable Charges.  Charges will include the price of your order, and other applicable fees such as Charges which will include an administrative fee from me&u and a charge on behalf of the Venue, which may be applied by the Venue.  Charges will also include applicable taxes where required by law.  The Charges you incur for your order, any discretionary tips you decide to add, are owed to the Venue, and me&u will collect your payment on behalf of the Venue as the Venue’s payment collection agent.  You will be charged the quoted price of the menu items you ordered through the App.  The relevant price will be the price appearing next to the menu items at the time of ordering. Prices may differ from user to user (for example where one user receives a Venue loyalty discount) and may be time-based (for example during ‘happy hour’).  Neither me&u, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of offers or promotions provided through the App. If you have provided us with your email address you may request that me&u email you receipts for your payments you have made through the App as set out in our Privacy Notice.

AMENDING OR CANCELING YOUR ORDER

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that you have a 14 day right to change your mind and get a full refund on your purchase. You will not have this right to cancel once an order has been submitted by you using the App. Once you order a menu item on the App, you cannot cancel that order.  You must pay for all menu items that you order on the App, even if you leave the Venue prior to receiving the ordered menu item or if the ordered menu item does not arrive.  In limited circumstances, you may be eligible for a refund from only me&u (not the Venue) in accordance with the ‘Refunds’ section in these Terms. Another App user may elect to pay for a menu item that you have ordered.  This can be done through your Account and within a limited time after you have selected the item.  If the other App user does not elect to pay, you are liable to pay for the menu item that you ordered.  me&u is not liable in any circumstances for costs that arise out of a dispute about your payment arrangements.  If you have any issue or complaint regarding the provision of goods and services by the Venue, you should deal directly with the Venue. This does not affect the rights you have if the App is faulty. If you do not comply with these Terms, me&u may cancel your order.

COMPLAINTS

We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with your order, our Service to you or any other matter, please contact us as soon as possible using the contact details set out at the bottom of this page. If you would like to dispute any cancellation arising under the Group Tabs section of these Terms, please contact me&u to review your circumstances and confirm with you whether a refund will be provided.

GROUP TABS

To open a bar tab using the Group Tab feature, you must register for an Account, set a bar tab limit and credit the tab with a transaction.  me&u will charge your supplied payment method to the value of the tab limit, and if your tab is not fully spent at the end of your event, the difference will be refunded to you within 72 hours.  Any remaining amount on your tab does not guarantee the Venue will stay open or continue to serve you and your party.  You acknowledge and agree that neither me&u nor the Venue is responsible for ensuring that your tab is spent only by you and the members of your party.  It is your sole responsibility to protect the security of the tab password or access link.  Unauthorised use of the tab by your friends, associates, employees or members of the general public cannot be controlled by me&u or the Venue.  

REFUNDS

Subject to any applicable consumer law, Venues set their own refund policies.  Once an order has been placed through the App, you will need to contact the Venue directly to inquire if you can cancel the order or whether you are entitled to receive a refund. If a Venue agrees to provide you with a refund you will receive a text confirming that the refund is being processed.  Payment may take several days to reach your nominated account.

CONTENT

Unless otherwise specified, images, trademarks, service marks, logos and icons displayed on the App are the property of me&u or its licensors and may not be used without me&u’s prior written consent. You agree that you will not copy, publish, reproduce, disseminate, offer for sale, sell, or reverse engineer the App, or App content. Any unauthorised use of any content, whether owned by me&u or third parties, may violate intellectual property rights subsisting in the App, including copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. Any feedback you give me&u, including in-App ratings, is given entirely voluntarily, and you agree me&u is free to aggregate, disclose, reproduce, or otherwise use the feedback as it sees fit.

LINKS AND COMMUNICATION

me&u may send you emails, text messages or notifications, including receipts and notice of changes to the App or Terms if you have opted in to receive these communications from us. me&u, its partners and affiliates, and in some cases Venues, may send you emails or text messages about promotions or offers.if you have opted in to receive communications from them  All commercial electronic messages will include an unsubscribe facility. The App may contain links to third-party materials that are not owned or controlled by me&u.  me&u does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services.  If you click on a link in the App that redirects you to a third-party site or content, you become subject to that third party’s terms and conditions, and me&u is not responsible or liable, directly or indirectly, for any damage or loss you suffer in connection with your use of or reliance on any third-party content, goods or services.Apple Inc, Google Inc, and their applicable affiliates will be third-party beneficiaries to these Terms if you have accessed the services using the App developed for Apple iOS or Android mobile devices, respectively.  These third party beneficiaries are not parties to the Terms and are not responsible for the provision or support of the services.  Your access to the services using Apple iOS or Android mobile devices is subject to terms set out in the applicable third party beneficiary’s terms of service as well as these Terms.

PROHIBITED USES

me&u may investigate or terminate your use of the App if you have misused the App, services, or have behaved in a way which is illegal or is regarded by me&u as inappropriate.  You agree that in using the App you will not: impersonate any person or entity; use the App or any services in any unlawful manner, for any unlawful purposes, or in any manner inconsistent with these Terms, or act fraudulently or maliciously; use any technology or process to retrieve, index, ‘data mine’, reproduce, reverse engineer the App or its contents; use any material, trademarks, or other proprietary information without obtaining the prior written consent of the owner; remove any copyright, trademark or other proprietary rights notices contained in the App; interfere with or disrupt any services provided through the App; post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the App; or ‘frame or ‘mirror’ any part of the App, without me&u’s prior written permission, or use meta tags or code or other devices containing any reference to me&u or the App in order to direct any person to any other website for any purpose.

You further agree that your information and your interactions on the App shall not: be false, inaccurate or misleading (directly or by omission or failure to update information); infringe any third party’s rights, including but not limited to intellectual property rights, confidentiality, proprietary rights or rights of publicity or privacy; violate any laws; be defamatory; or contain any viruses or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or personal information. me&u reserves the right to refuse to license the App to any person who does not comply with these Terms.

EXCLUSION OF WARRANTIES / DISCLAIMER

To the maximum extent allowed by law, the App is provided “as is” and “as available”.  me&u does not warrant the accuracy, completeness, currency or of the me&u App and service. If goods are purchased and consumed by you through ordering from our App for which you have an allergy or any intolerance and if me&u fail to inform the Venue of any allergies or food intolerances that you have communicated to me&u through the App, me&u may pay you compensation. However, me&u will not be liable for damage which you could have avoided by following these Terms or if me&u have communicated such information to the Venue and the Venue has failed to act accordingly.

Except for any legal responsibility that me&u cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, me&u expressly disclaims all warranties, representations, conditions, undertakings or other obligations including any implied warranties of merchantability, non-infringement and any warranty that the App, the service or me&u content will be error-free. Any me&u content or other material downloaded or otherwise obtained through the use of the App or the service is done at your sole risk, and you are solely responsible for any damage to your computer system, device, or loss of data that results from the download or accessing the App.

LIMITATION OF LIABILITY

me&u are responsible to you for foreseeable loss and damage caused by me&u. If me&u fail to comply with these Terms, me&u are responsible for loss and damage you suffer that is foreseeable result of me&u breach of these Terms or me&u failing to use reasonable care and skill, but me&u are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both me&u and you knew it might happen.  me&u does not exclude or limit in any way me&u’s liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by me&u’s negligence or the negligence of me&u’s employees, agents or subcontractors or for fraud or fraudulent misrepresentation.  me&u only supply the Venue, the App and any services for domestic and private use. You agree not to use the App and any services for any commercial, business or re-sale purpose and me&u will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If me&u’s provision of the services is delayed by an event outside me&u’s control, then me&u will contact you as soon as possible to let you know and me&u will take steps to minimise the effect of the delay. Provided me&u do this, me&u will not be liable for delays caused by the event.You acknowledge that the Venue is the provider of the menu items ordered on the App, and that any dispute about those goods is solely between you and the Venue.  me&u is not liable in any circumstances for the quality or non-provision of items or services provided by a Venue.  This includes, but is not limited to, any liability in relation to the:  quality of the food, beverage or service provided by the Venue; any failure of the Venue to meet your dietary requirements, even where you have advised the Venue, through the App or otherwise, of your dietary requirements; any allergic reaction or illness you suffer as a result of consuming the food and beverage provided by the Venue; or any injury you sustain at the Venue.

OTHER DISCLAIMERS

me&u will use reasonable endeavours to keep the technology powering the App and services operational, allowing for appropriate maintenance and acknowledging that a certain amount of unscheduled downtime is inherent in web-based services. The App and any products or services provided through the App may be temporarily unavailable from time to time for maintenance or other reasons. me&u will use reasonable efforts to ensure that the App is free from defects, viruses and other malicious content but assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communications line failure which you could have avoided by following me&u’s advice to apply an update offered to you free of charge or for damage caused by you failing to correctly follow installation instructions.  me&u may discontinue or alter the services or the App, add or remove content from the App, or restrict the availability of the App from time to time. Significant changes to the App will generally be described in the release notes accompanying the update on the relevant app store.

GENERAL

Governing Law The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.

Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales, except that if you are ordinarily resident in another part of the United Kingdom, then you can also bring claims in the courts of that part of the United Kingdom. 

Assignment

These Terms, and any rights and licenses granted by them, may not be transferred or assigned by you, but may be assigned by me&u.

No Waiver

No waiver of any of these Terms will be valid unless me&u agree to it in writing.

Entire Agreement / Severability

These Terms, together with any amendments made by me&u to the Terms, me&u constitute the entire agreement between you and me&u.  If any provision of these Terms is deemed invalid, the invalidity of such provision will not affect the validity of the remaining provisions.

Contact

If you are in the United Kingdom, all enquiries may be directed to helpme@meandu.co.uk or 0800 470 3461 

United States

Last Modified on 21/12/2021

THESE ARE THE TERMS AND CONDITIONS (“TERMS”) UPON WHICH ME&U USA INC (“me&u”) provides services through its website, www.meandu.com, mobile application and any other software or site on which these Terms are posted (together, the “App”). THESE Terms GOVERN YOUR USE of any part of the app, including any functionality, content or service enabled by mE&U within the app, and shall apply and become binding on the first date that you accept these terms or otherwise use the App.

By accessing or using the App or by Clicking “I Accept” below, you are agreeing to be bound by these Terms in connection with your use of the app. If you do not accept these Terms, you are not authorized to access or use the App.

NOTICE OF BINDING ARBITRATION AND WAIVER OF CLASS ACTION: THESE TERMS INCLUDE A MANDATORY BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER, WHICH LIMIT YOUR RIGHTS IN THE EVENT OF A DISPUTE RELATED TO THE APP. PLEASE REFER TO the “arbitration agreement and class action waiver” Section BELOW FOR MORE INFORMATION.

Key Terms Summary
Minimum Age
Modification to Terms
Termination
Limited License to Use the App
Restrictions on Use
Your Account
Ordering and Payment Processing
Amending or Cancelling Orders
Refunds
Content
Electronic Communications
Third Party Links
Use of Mobile Application
Trademarks
Acceptable Use Policy
Exclusion of Warranties / Disclaimer
Limitation of Liability
Other Disclaimers
Indemnification
Arbitration Agreement and Class Action Waiver
General
Contact Information

1. Key Terms Summary

The App provides a way for you to view menus of third party venues or restaurants that participate in me&u’s marketplace (“Venue”), place your food and beverage order with a Venue (“Order”), communicate with the Venue regarding your Order, and pay for your Order. Without limiting the Terms, you understand and agree that: (a) me&u is a provider of technology services and is not a restaurant, (b) the services provided by me&u under these Terms do not include any preparation, provision or delivery of any food, beverages or other items included in your Order; (c) the Venue is solely responsible for fulfilling your Order; and (d) me&u is not liable for the acts or omissions of any Venue. All payments made by you are final and non-refundable, unless otherwise determined by me&u.

2. Minimum Age

You warrant that you are at least 18 years old or the age of majority in the State in which you reside (provided that the additional age restrictions in the “Restrictions of Use” Section below apply if your Order includes the purchase of any alcoholic beverages). The App is not intended for, and you may not use the App if you are under 18 years of age.

3. Modification to Terms

me&u can change these Terms from time to time by posting the updated Terms on this page and indicating the date the Terms were last updated. You will be subject to the Terms in force at the time that you place an Order through the App. If me&u posts amended Terms on this page, your subsequent use of the App constitutes your acceptance of the updated Terms. These Terms may not be otherwise amended except in writing signed by you and me&u.

4. Termination

You may terminate these Terms at any time by uninstalling the App and discontinuing your use of the App. me&u may, in its sole discretion, terminate or suspend your access to or use of the App, in whole or in part, at any time, with or without notice. Termination of such access or use will not waive or affect any other right or relief to which me&u may be entitled at law or in equity.

Upon any such termination or suspension, your right to use the App will immediately cease and you must discontinue use of the App and delete or uninstall the App from your mobile device, as applicable. me&u reserves the right to immediately and permanently deactivate your Account and delete any information or content stored through your Account. The following Sections will survive any termination or expiration of these Terms: Sections:  4, 8, 16, 17, 18, 19, 20, 21 and 22.

5. Limited License to Use the App

Subject to your acceptance of these Terms, me&u grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to access and use the App solely for your own personal, non-commercial purposes in compliance with all laws and regulations.

6. Restrictions on Use

All rights not otherwise expressly granted by these Terms are reserved by me&u. You are not permitted to reproduce, copy, publish, sell or exploit any part of the App, the intellectual property rights on the App, or the information you access through the App. Some Venues may offer alcoholic beverages on their menus for purchase. If you place an Order for alcohol you may be asked by the Venue to show identification. You understand it is against the law for any person under the age of 21 to buy, or attempt to buy, alcohol, or for any person over the age of 21 to buy, or attempt to buy, alcohol on behalf of any person under the age of 21. Orders containing alcohol cannot be accepted from or on behalf of persons under the age of 21. To be clear, me&u is not selling alcohol to you. If your Order includes alcohol, the Venue is providing it to you, and the Venue is solely responsible for complying with applicable liquor laws. The Venue may reserve the right to refuse you service of alcohol if you are unable to provide appropriate identification of your age, even when you have ordered and paid for such items.

7. Your Account

You may access some areas of the App without registering with us. However, to place an Order, you must establish an account (“Account”). You represent and warrant that any information you provide to us during the registration process is accurate and complete. If any information you provide to us is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the App. You are responsible for maintaining the confidentiality of your Account and password (including any related security questions and answers), and for restricting access to any device used to access your Account. To place an Order or set up an Account, you will also be required to provide at least one valid payment method supported by me&u. You authorize me&u to charge the payment method you designate in the App for all Orders submitted through the App through your Account. You represent that you have the legal right to use the payment method provided by you. Your credit or debit card will be charged for your Order on the day your Order is placed. When you place an Order, we reserve the right to request credit card authorization for up to 110% of the Order total to accommodate updates to your Order. You will only be charged the actual cost that is determined after preparing the items in your Order. During the payment authorization process, your credit or debit card is validated and must have enough available funds for the transaction to be approved. Upon approval, the Order will be accepted and transmitted to the Venue. You will not be able to use the App to place an Order if you have an invalid or expired payment method on file, or have a balance on your Account (e.g., if a payment is in arrears). You acknowledge and agree that you are responsible for any activity that occurs through your Account using your login credentials. You will not sell, transfer, license or assign your Account to anyone else. You are responsible for any Orders submitted to the App through your Account as a result of your failure to secure your login credentials or mobile device. You agree that you will not create an Account for another person, will not possess more than one Account, unless permitted by me&u in writing, or share your login credentials with any other individual in violation of these Terms. If you have an Account, we may share your username with other users of the App who are or appear to be at the same table as you at the Venue.


8. Ordering and Payment Processing

The App includes functionality to order and purchase food and beverages from a Venue. You may only order menu items on the App when you are dining in the Venue. You understand that we will charge you for any Orders placed by you using the App (“Charges”). me&u will receive or enable your payment of the applicable Charges to the designated payment method (e.g., credit card, debit card, digital/mobile wallet) that you have selected. Charges will include the price of your menu items as set forth in the menu at the time of your Order, any applicable taxes required to be withheld from your purchase, applicable fees such as card processing and other surcharges, which may be applied by the Venue, and any discretionary tips you decide to add. me&u will collect your payment on behalf of the Venue as the Venue’s payment collection agent. You acknowledge that the menu prices are established by the Venue, and the prices of menu items offered by a Venue through the App may differ from the prices of the same menu offered outside the App. Prices may differ from user to user (for example where one user receives a Venue loyalty discount) and may be time-based (for example during ‘happy hour’). me&u does not guarantee the availability, accuracy, completeness, reliability, or timeliness of offers or promotions from the Venue provided through the App. If you have provided us with your email address you may request that we email you receipts for your payments you have made through the App.

9. Amending or Cancelling Orders

Once you submit an Order through the App, you may not cancel that Order. You must pay for all menu items that you order on the App, even if you leave the Venue prior to receiving the ordered menu item or if the ordered menu item does not arrive. In limited circumstances, you may be eligible for a refund in accordance with the ”Refunds” Section in these Terms. Another App user may elect to pay for a menu item that you have ordered. This can be done through their Account and within limited time after you have selected the item. If the other App user does not elect to so pay, you are liable to pay for the menu item that you ordered. me&u is not liable in any circumstances for costs that arise out of a dispute between you and another App user about your payment arrangements. If you have any issue or complaint regarding the provision of goods and services by the Venue, you must deal directly with the Venue.

10. Refunds

Subject to any applicable consumer law, Venues set their own refund policies.  Once an order has been placed through the App, you will need to contact the Venue directly to inquire if you can cancel the order or whether you are entitled to receive a refund. If a Venue agrees to provide you with a refund you will receive a text confirming that the refund is being processed.  Payment may take several days to reach your nominated account.

11. Content

Unless otherwise specified, graphics, images, software, tools, features, information, trademarks, service marks, logos, icons and other content (collectively, the “Content”) displayed on the App are the property of me&u or its licensors and may not be used in a manner not expressly permitted in these Terms or in the App without me&u’s (or the relevant licensor’s) prior written consent. You agree that you will not copy, publish, reproduce, disseminate, offer for sale, sell, or reverse engineer the App or its Content. Any unauthorized use of any Content, whether owned by me&u or third parties, may violate intellectual property rights subsisting in the App, including copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes, and may be grounds for immediate suspension or termination of your use of the App, among other remedies available to me&u and its licensors. Any feedback you give me&u about the App, the Venue or any menu items, including in-App ratings, is given entirely voluntarily, and you agree me&u is free to aggregate, disclose, reproduce, or otherwise use the feedback as it sees fit.

12. Electronic Communications

me&u may communicate and transact with you electronically through the App or through other electronic means. When you sign up for an Account through the App, you are agreeing that me&u may send you emails, SMS, MMS, text messages and in-App notifications, including receipts and notice of changes to the App or Terms. Before you start receiving SMS, MMS or text messages from me&u (“Text Communications”), you will need to verify your mobile phone number by responding to a text message to your mobile phone that affirms your choice to opt in to receive Text Communications. Note that in affirming this message, you acknowledge and agree that (i) Text Communications will be sent to the number you provide and whoever has access to that mobile phone or carrier account will be able to see this information; and (ii) you are the subscriber for the number you provide and will inform me&u if you are no longer the subscriber. Once you affirm your choice to opt in to this service, message frequency will vary. Message and data rates apply. All commercial electronic messages will include an unsubscribe facility, such that you may opt out of receiving emails and Text Communications from me&u at any time.

14. Use of Mobile Application

To the extent you are using the App in the form developed for Apple iOS or Android mobile devices, you agree to use the App in accordance with these Terms and any applicable third party terms, rules or agreements, such as those published by your third-party mobile phone or tablet operating system, wireless data service provider, or the third party from whom you are downloading the App using iTunes or Google Play, as applicable. You are responsible for reviewing the applicable iTunes or Google Play terms and conditions and complying with such terms and conditions while using the App.

Without limitation of the foregoing, if you are downloading the App through iTunes for use on an Apple-branded product, the following terms apply:

  • Acknowledgment of Parties. These Terms are made between you and me&u, and that me&u, not Apple Inc. (“Apple”), is responsible for the App and the content thereof.
  • Scope of the License. The license you have been granted in these Terms is limited to a non-transferable license to use the App on any Apple-branded product that you own or control and as permitted by the Usage Rules set forth in Apple's App Store Terms of Service, except that the App may be accessed and used by other accounts associated with your iTunes account via Family Sharing or volume purchasing.
  • Maintenance and Support. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
  • Warranty. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and, if applicable, Apple will refund the purchase price of the App to you. To the maximum extent permitted by applicable law, you agree that your recourse for warranty failure in connection with the App pursuant to these Terms shall be through me&u, and Apple will have no other warranty obligation whatsoever with respect to the App, nor be responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
  • Product Claims. You agree that your recourse for product claims arising from the App shall be through me&u, and that Apple is not responsible for addressing any claims from you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • Intellectual Property Rights. In the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, you agree that your recourse under these Terms will be through me&u and that Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.  
  • Third Party Beneficiary. Apple and Apple's subsidiaries are third party beneficiaries of these Terms and, upon your acceptance of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof; notwithstanding the foregoing, our right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.

16. Trademarks

The names, marks and logos appearing in the App’s Content are, unless otherwise noted, trademarks owned by or licensed to me&u. The use of these marks, except as provided in these Terms, is prohibited. From time to time, me&u makes fair use in the Contents of trademarks owned and used by third parties. me&u makes no claim to ownership of those marks.

You may not use me&u’s trade name, trademarks, service marks or other intellectual property assets or its branded products and services for promotional, advertising or any other commercial purpose, unless and to the extent me&u specifically agrees in writing.

16. Acceptable Use Policy

You agree to use the App in accordance with all applicable laws and regulations. me&u may investigate and immediately suspend or terminate your use of the App if you have misused the App, services, or have behaved in a way which is illegal, in violation of these Terms or is regarded by me&u as inappropriate. You agree that in using the App you will not: (a) impersonate any person or entity; (b) access data not intended for you or log onto a server or an account that you are not authorized to use; (c) circumvent or modify, attempt to or assist another in circumventing or modifying, any security technology or software that is part of the App; (d) interfere with service to any other user, or the software, networks or systems that we use to bring the App to you, such as by submitting a virus or overloading, "flooding," "spamming," "mailbombing" or "crashing" the App; (e) use or attempt to use any technology or process to retrieve, index, ‘data mine’, reproduce, reverse engineer the App or its Contents; (f) use any material, trademarks, or other proprietary information without obtaining the prior written consent of the owner; (g) modify, alter or prepare other works based on the App’s Content, or distribute copies of or publicly perform or display such Content, such as by posting the Content on any network computer or distributing the Content on or in any media, including any effort to decompile, reverse engineer or otherwise attempt to derive source code, underlying ideas, algorithms, structure or organization of the App; (h) remove any copyright, trademark or other proprietary rights notices contained on the App; (i) interfere with or disrupt any services provided through the App; (j) post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (k) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the App; or (l) ‘frame or ‘mirror’ any part of the App, without me&u’s prior written permission, or use meta tags or code or other devices containing any reference to me&u or the App in order to direct any person to any other website for any purpose. You further agree that your information and your interactions on the App shall not: (u) be false, inaccurate or misleading (directly or by omission or failure to update information); (v) infringe any third party’s rights, including but not limited to intellectual property rights, confidentiality, proprietary rights or rights of publicity or privacy; (w) violate any laws; (x) be defamatory; (y) contain any viruses, malware, bots, worms or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or personal information; or (z) create liability for me&u.

me&u reserves the right to refuse to license the App to any person who does not comply with these Terms.

17. Exclusion of Warranties / Disclaimer

To the maximum extent allowed by law, the App is provided “as is” and “as available. me&u does not warrant the accuracy, completeness, currency or reliability of the App or any Content. To the maximum extent permitted by law, me&u expressly disclaims all express and implied warranties of all kinds, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement and any warranty that the App or Content will be error-free. To the maximum extent allowed by law, Any use of the Content or other material downloaded or otherwise obtained through the use of the App or the Service is at your sole risk, and you are solely responsible for any damage to your computer system, device, or loss of data that results from the download or accessing the App.

18. Limitation of Liability

YOU ACKNOWLEDGE THAT THE VENUE IS THE PROVIDER OF THE MENU ITEMS ORDERED ON THE APP, AND THAT ANY DISPUTE ABOUT THOSE GOODS IS SOLELY BETWEEN YOU AND THE VENUE. TO THE MAXIMUM EXTEND PERMITTED BY APPLICABLE LAW, ME&U IS NOT LIABLE IN ANY CIRCUMSTANCES FOR THE QUALITY, PROVISION OR NON-PROVISION OF ITEMS OR SERVICES PROVIDED BY A VENUE. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LIABILITY IN RELATION TO: (A) THE QUALITY OF THE FOOD, BEVERAGE OR SERVICE PROVIDED BY THE VENUE; (B) ANY FAILURE OF THE VENUE TO MEET YOUR DIETARY REQUIREMENTS, EVEN WHERE YOU HAVE ADVISED THE VENUE, THROUGH THE APP OR OTHERWISE, OF YOUR DIETARY REQUIREMENTS; (C) ANY ALLERGIC REACTION OR ILLNESS YOU SUFFER AS A RESULT OF CONSUMING THE FOOD AND BEVERAGE PROVIDED BY THE VENUE; AND (D) ANY INJURY YOU SUSTAIN AT THE VENUE. YOU EXPRESSLY AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ME&U WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ME&U HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF, OR THE INABILITY TO USE, THE APP. IN NO EVENT SHALL ME&U’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE APP OR $100, WHICHEVER AMOUNT IS GREATER. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES AND CLAIMS IN THIS SECTION, IN WHICH CASE ME&U’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION.

If you are a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in these Terms limits me&u’s liability for damages caused by me&u’s own fraud, recklessness, gross negligence or willful misconduct.

19. Other Disclaimers

The App and any products or services provided through the App may be temporarily unavailable from time to time for maintenance or other reasons. me&u assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communications line failure. me&u is not responsible for any technical malfunction or other problems related to or resulting from using or downloading the App or materials in connection with the App and/or in connection with any products or services offered through the App.

20. Indemnification

You agree to defend, indemnify and hold harmless me&u (including its affiliates, members, managers, officers, employees and agents), from and against any and all losses, actions, claims, damages, fines, costs and expenses (including reasonable legal and accounting fees) in connection with or arising from: (i) your use of the App, including the Content or the service provided through the App, (ii) any breach of these Terms by you; (iii) infringement or misappropriation of any intellectual property or other rights of me&u or its third parties by you; or (iv) any negligence or willful misconduct by you.

21. Arbitration Agreement and Class Action Waiver

21.1 - Mandatory Arbitration. YOU AND ME&U AGREE TO SUBMIT ANY AND ALL DISPUTES ARISING OUT OF OR RELATED TO YOUR USE OF THE APP (each, a “Dispute”) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”). You and me&u waive the right to a trial by jury and any right to have a Dispute heard in court.

In arbitration, Disputes are resolved by a neutral arbitrator instead of a judge or jury, discovery is more limited than in court, and the arbitrator's decision is subject to limited review by courts. The arbitrator can award on an individual basis the same damages and relief as a court, including monetary damages, injunctive relief, and declaratory relief. Judgment on the arbitrator's award may be entered in any court having jurisdiction thereof. A single arbitrator with the American Arbitration Association ("AAA") will conduct the arbitration, and the award may not exceed the relief allowed by applicable law. The arbitration will be conducted in the county of your residence or another mutually agreed location. The AAA's Consumer Arbitration Rules will apply. If AAA will not apply those rules, then AAA's Commercial Arbitration Rules will apply. The AAA's rules and a form that can be used to initiate arbitration proceedings are available at http://www.adr.org. You and me&u agree that if for any reason AAA will not conduct or becomes unavailable to conduct the arbitration, then a court may appoint a substitute arbitrator, and further agree that the choice of AAA as a forum is not integral to the Arbitration Agreement.

The arbitrator will decide all issues relating to the enforceability, interpretation, scope, and application of this Arbitration Agreement (including “gateway” issues of arbitrability, whether the Arbitration Agreement is unconscionable or illusory and any defense to arbitration), and these Terms, except that a court will resolve any question regarding the validity or enforceability of the class action waiver set forth in Section B of this Arbitration Agreement. The term "Dispute" and the requirement to arbitrate will be broadly interpreted.

21.2 - Class Action Waiver. You and me&u agree that the arbitration will be conducted solely on an individual basis and not on a class, representative, consolidated, or private attorney general basis. A Dispute may not be consolidated with a claim brought or discovery by any person or entity that is not a party to the arbitration proceeding. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding and may only award such relief as is necessary to provide relief to a party to the arbitration proceeding. If a court deems any portion of this Section B invalid or unenforceable, then Sections A and C of this Arbitration Agreement will be null and void.

21.3 - Fees and Costs in Arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. me&u will reimburse you for those fees up to $7,500, unless the arbitrator determines the claims are frivolous. Likewise, me&u will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

21.4 - Non-Arbitration Class Action and Jury Waiver. You and me&u agree that if for any reason a Dispute proceeds in court rather than arbitration: (1) you and me&u waive any right to a jury trial; (2) the Dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor me&u may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.

21.5 - NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS FROM THE EARLIER OF: (1) THE DATE YOU ACCEPT THESE TERMS, OR (2) THE DATE YOU FIRST AGREED OR ASSENTED TO AN AGREEMENT WITH ME&U THAT CONTAINED AN ARBITRATION PROVISION. The opt-out notice must be postmarked no later than the applicable deadline and mailed to: legal@me&u.com. The opt-out notice must state that you do not agree to this Arbitration Agreement and must include your name, address, phone number and email address. This procedure is the only way you can opt out of this Arbitration Agreement and failure to comply strictly with this procedure and the applicable deadline automatically will render the opt-out notice null and void. If you opt out of the arbitration provision, all other parts of this Arbitration Agreement will continue to apply.


  1. General

These Terms are governed by the Federal Arbitration Act and the substantive laws of the State of Texas, without regard to its conflict of law principles. These Terms, and any rights and licenses granted by them, may not be transferred or assigned by you, but may be assigned by me&u without restriction. The section names in the Terms are for convenience only and have no legal or contractual effect. me&u’s failure to assert any right or provision under these Terms does not constitute a waiver of such right or provision. These Terms, together with any amendments and any additional agreements you enter into with me&u in connection with the service, constitute the entire agreement between you and me&u. If any provision of these Terms is deemed invalid, the invalidity of such provision will not affect the validity of the remaining provisions.

23. Contact Information

We welcome you to contact us with any questions, comments or concerns about me&u’s App.

Mail: hello@meandu.com

Internet: www.meandu.com

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