Terms and Conditions for Menu Magic

Effective Date: July 19, 2025

Please read these Terms and Conditions ("Terms") carefully before using the Menu Magic website and services (the "Platform") operated by Kenmore Solutions ("we," "us," or "our").

Your access to and use of the Platform is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Platform.

By accessing or using the Platform, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Platform.

1. Definitions

• Platform: Refers to the Menu Magic website located at https://menumagic.mykenmoreservice.com/ and all associated services, features, and content.
• User/You: Refers to any individual or entity accessing or using the Platform, including customers, restaurant owners, and administrators.
• Restaurant(s): Refers to the third-party food establishments listed on the Platform that offer food ordering and reservation services.
• Customer(s): Refers to individuals who use the Platform to order food, make reservations, or utilize other customer-facing services.
• Order(s): Refers to food orders placed by Customers through the Platform.
• Reservation(s): Refers to table or event bookings made by Customers through the Platform.
• Content: Refers to any text, images, graphics, audio, video, or other materials available on the Platform.

2. General Use and Eligibility

• Acceptance: By using the Platform, you confirm that you are at least 18 years old and legally capable of entering into a binding contract. If you are using the Platform on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
• Accuracy of Information: You agree to provide accurate, current, and complete information when creating an account, placing an Order, or making a Reservation. You are responsible for maintaining the confidentiality of your account information and password.
• Lawful Use: You agree to use the Platform only for lawful purposes and in accordance with these Terms. You must not use the Platform in any way that violates any applicable local, national, or international law or regulation.
• Prohibited Activities: You are prohibited from:
• Using the Platform for any fraudulent or deceptive activity.
• Attempting to gain unauthorized access to any part of the Platform, other user accounts, or computer systems.
• Interfering with or disrupting the integrity or performance of the Platform.
• Uploading or transmitting viruses or any other malicious code.
• Collecting or storing personal data about other users without their express consent.
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Platform without express written permission from Kenmore Solutions.

3. Food Ordering and Delivery

• Restaurant Responsibility: Menu Magic acts as a platform to connect Customers with Restaurants. Restaurants are solely responsible for the preparation, quality, and delivery of food, as well as the accuracy of their menu information, pricing, and availability.
• Order Acceptance: When you place an Order, it constitutes an offer to purchase from the selected Restaurant. The Order is accepted when the Restaurant confirms it through the Platform. Menu Magic is not a party to the contract between you and the Restaurant.
• Pricing and Payment: All prices displayed on the Platform are determined by the Restaurants. You agree to pay all charges incurred in connection with your Order, including the food price, delivery fees (if applicable), taxes, and any other charges specified. Payments are processed through integrated payment gateways (PayPal, Stripe, Razorpay, and Cash on Delivery).
• Cancellation Policy: Cancellation policies for Orders are set by individual Restaurants. Menu Magic may facilitate communication regarding cancellations but is not responsible for refund decisions or processes, which remain at the discretion of the Restaurant.
• Delivery: Delivery times are estimates provided by the Restaurant. Menu Magic is not responsible for delays in delivery. Any issues with delivery should be communicated directly with the Restaurant.
• Order Tracking: You can track your Order using the provided QR Order ID or your phone number. Communication for real-time updates may be facilitated via WhatsApp.

4. Reservations

• Availability: Table and event availability are managed by the individual Restaurants. Menu Magic provides the tools for Reservations but does not guarantee the availability of any table or event slot.
• Confirmation: A Reservation is confirmed when the Restaurant accepts it through the Platform. You may receive a downloadable QR code or WhatsApp confirmation.
• Event Bookings: For event bookings (e.g., weddings, birthday parties), additional terms and conditions may apply as specified by the individual Restaurant.
• Cancellation: If you need to cancel a Reservation, you must do so according to the Restaurant's cancellation policy.

5. Payment Gateways

• Menu Magic integrates with third-party payment gateways (PayPal, Stripe, Razorpay). When you make a payment, you are subject to the terms and conditions and privacy policies of these payment providers. We are not responsible for any issues arising from the use of these third-party payment services.
• For Cash on Delivery (COD) orders, payment is made directly to the Restaurant or its delivery personnel upon receipt of the Order.

6. Intellectual Property

• The Platform and its original content, features, and functionality are and will remain the exclusive property of Kenmore Solutions and its licensors.
• You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content on our Platform, except as generally permitted for personal, non-commercial use.
• You retain ownership of any content you submit or upload to the Platform (e.g., reviews), but you grant Kenmore Solutions a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with the Platform.

7. User Reviews and Feedback

• You may be able to submit reviews, comments, feedback, or other content ("User Content") on the Platform.
• You are solely responsible for your User Content and agree that it will not be unlawful, offensive, threatening, libelous, defamatory, or otherwise objectionable.
• We reserve the right (but not the obligation) to remove or edit any User Content that we deem inappropriate or in violation of these Terms.

8. Links to Other Websites

• Our Platform may contain links to third-party websites or services that are not owned or controlled by Kenmore Solutions.
• Kenmore Solutions has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Kenmore Solutions shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

9. Termination

• We may terminate or suspend your access to the Platform immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
• All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Disclaimer of Warranties

• The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. Kenmore Solutions makes no representations or warranties of any kind, express or implied, as to the operation of the Platform or the information, content, materials, or products included on the Platform.
• Kenmore Solutions does not warrant that the Platform will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
• Kenmore Solutions does not guarantee the quality, accuracy, or completeness of any information provided by Restaurants or users on the Platform.

11. Limitation of Liability

• In no event shall Kenmore Solutions, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
• Your access to or use of or inability to access or use the Platform.
• Any conduct or content of any third party on the Platform.
• Any content obtained from the Platform.
• Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

12. Indemnification

• You agree to defend, indemnify, and hold harmless Kenmore Solutions and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:
• Your use and access of the Platform, by you or any person using your account and password.
• A breach of these Terms.
• Your violation of any rights of another, including but not limited to intellectual property rights.

13. Governing Law and Dispute Resolution

• These Terms shall be governed and construed in accordance with the laws of the Dominican Republic, without regard to its conflict of law provisions.
• Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof shall be finally settled by arbitration in Santo Domingo, Dominican Republic, in accordance with the rules of the relevant arbitration body, or through the competent courts of the Dominican Republic, as applicable.

14. Changes to These Terms

• We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
• By continuing to access or use our Platform after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Platform.

15. Contact Us

If you have any questions about these Terms, please contact us at:

• Kenmore Solutions

sales@kenmoresolutions.com