terms of use

Welcome to our restaurant ordering software application; the easiest and fastest way for Restaurant customers in Nigeria to order their food via QR code (“Product”)! This Terms of Use (“Terms”) constitutes a legally binding agreement between you and Mira concerning your access to and the use of our Product.

By using our website and accessing our Product in any manner, you confirm acceptance of and agreement to these terms of use and shall be bound by them.

Definitions

"You", "your", "yours" and “restaurants” are references to restaurants granting access to our QR codes to be used for placing orders and making payments for meals at their establishments.

“Customer”, “users” and “they” are references to consumers who make use of our application in order to make payments and place orders at restaurants registered with us.

"We", "us", "our", and "Mira" are references to Mira; the creators of the software application.

Version Control

We may make changes to these Terms from time to time and when we do, we will update the “Last Updated” date given above. We may notify you through your registered email address of the revisions made to these Terms. However, you understand that this may not always be practicable and when that occurs, you agree to waive your right to notification. It is your responsibility to review these Terms frequently and to stay informed of all changes that may be made to it. The current version will supercede all earlier versions from time to time. By using our Product after a revision has been made to these Terms, you consent to be bound by the changes we made.

General Terms

These general terms and conditions shall apply to the Restaurants that use our Product and shall govern the use of our product and the services provided therein. By using our product, restaurants fully accept these general terms and conditions.

Eligibility

To use our Product, you must be a legally registered business in Nigeria. You represent and warrant that you meet this eligibility requirement.

  1. You represent and warrant that you have lawfully obtained the relevant permit, alcohol license, and food permit which authorizes you to fully operate as a restaurant in Nigeria.
  2. You represent and warrant that all the business, financial, and bank account information you provided is accurate, up-to-date, honest, and not misleading. You accept sole responsibility for any direct or indirect adverse consequences caused by the inaccuracy of this information or failure to update this information.
  3. The information submitted to create or update an account with Mira constitutes proof of your identity. Mira reserves the right to verify, at any time, the accuracy of the information provided and to ask restaurants for any additional documentation for the purpose of identity verification.
  4. You represent and warrant that your restaurant is not involved in or being used for the purpose of money laundering, fraud, or terrorism financing, and that you will serve your Users in line with global best practices. For placing orders and payment processing, your Users will be required to provide their full names, email addresses, and bank card details where applicable. Information we require may include:
    • Name and Email Address of the User
    • Payment Details of the User
    • Details of the Users’ Order
Acceptable Use Policy
Your use of our Product is subject to your compliance with our acceptable use requirements. You agree not to use our Product for any of the following;
  • the benefit of a country, organization, entity, or person sanctioned, embargoed, or blocked by any government, including those on applicable national and international sanctions lists identified by the United States Office of Foreign Asset Control (OFAC), Financial Actions Task Force (FATF), etc;
  • Facilitation of illegal transactions;
  • Breach of the provision of any Applicable Law or regulations;
  • Circumvent, disable or otherwise interfere with the normal operation of our services or affect the use of our services by other customers;
  • Violate the rights of a third party;
  • Modify, adopt, decipher, decompile, disassemble or reverse engineer any software composed in or in any way making up a part of our Product.
Onboarding Mira
  1. To use Mira’s Product, you will be required to create a profile by providing us with certain information such as your Restaurant Name, Address, Logo, Menu, Account Information, Email address and full name (‘Onboarding Information”);
  2. In the event that you fail to provide us with the Onboarding Information as we have requested, you recognise our right to deny your access to our Product;
  3. You are responsible for ensuring the accuracy, completeness, and truthfulness of the Onboarding Information you provide to us;
  4. You agree that we have the right to preserve records of the Onboarding Information. Our preservation of the records of the Onboarding Information will be in accordance with our privacy notice;
Food Orders

When a User places an order with our Product, you agree to fulfil the order promptly and accurately and to communicate any changes with the User.

Payment Processing
  1. When a User orders food or beverages using our Product, the User will be asked to provide a preferred payment method, such as credit card, debit card or mobile payment options. We will only accept payments from Users through our payment partners;
  2. When a User makes a payment using our Product, the funds shall be transferred to you on the User’s behalf. The payment processor is solely responsible for all payment transactions consummated on our Product;
  3. It is your responsibility to provide accurate bank information into which all payments are to be made. Payments made into the account shall be deemed to be full satisfaction of our payment obligations under this clause.
  4. Once the payment is duly completed by the User and received by you, we shall provide the User with a detailed order summary that includes the order details, the total cost and a confirmation of the order that was taken;
  5. In the event that a User requests a refund, the acceptance of a refund request shall be your sole responsibility subject to compliance with applicable consumer laws and regulations. We only have the right to approve refund requests sent at your discretion.
Fees and charges
  1. You agree that we will collect a service fee in consideration of our provision of the Product to you. The fee shall be charged for each order processed through our website;
  2. You agree that the service fee will be deducted from the total payment processed for an individual order; The fee shall be calculated based on a predetermined figure agreed upon between you and us;
  3. We reserve the right to alter the fees as it deems fit and we will provide notice to you in the event of such alteration. The continued use of our Product after any such change in the service fee calculation shall be seen as your consent to such change.
Independent Parties

You understand that the nature of the relationship between you and Mira is that of an independent separate party. You must not represent yourself as an employee, agent, personnel or representative of Mira and neither shall you have any rights as an employee, agent, personnel, or subcontractor of Mira.

Liability
  1. You understand and agree that we provide our Product to you on an "as is'' and "as available" basis. We do not guarantee that our Product will meet your expectations. We specifically disclaim that our Product is free of viruses or errors, or that the content is accurate and will be uninterrupted, or that defects will be corrected or that the service will be available at all times or access to our website or any part of the services, our terms and other information provided by us or any part of our services will be continuous, uninterrupted, timely, or error-free
  2. Customers are responsible for keeping their card details confidential while placing their orders.You understand that we will not be held liable for any losses or damages arising out of this incident.
  3. We are not responsible for any losses or damages incurred by the user and restaurant as a result of using the Product;
  4. We make no warranties, express or implied, regarding the service provided. Our liability for any claims or damages is limited to the amount paid by the user for the service.
Data Privacy
  1. We collect and use your data for the purpose of processing payments and providing customer support. We use industry-standard security measures to protect user data from unauthorised access;
  2. We may share your data with third parties for the sole purpose of completing orders.
  3. Consequent to giving us your information when you onboard our Product, you consent to receive electronic delivery of records of orders initiated and completed by your Users.
Indemnity
  1. You hereby indemnify us and undertake to keep us indemnified against: any and all losses, damage, costs, liabilities, and expenses incurred or suffered by us and arising directly or indirectly out of your negligence or any breach caused by you of any provision of these general terms and conditions.
  2. Whenever your indemnification responsibility is triggered, it will also include interests that may be added to the amount payable;
  3. We shall also be indemnified against any VAT liability or other tax liability that we may incur where that liability arises out of your failure to pay, withhold, declare or register to pay any VAT or other tax properly due in Nigeria.
Confidentiality

Any information we receive from you or which you provide us with, and which by its nature ought to be confidential or which is communicated to be confidential, is to be treated with the utmost confidentiality. This implies that Mira and you will not communicate them to third parties without the written consent of the party who had disclosed such information.

Modification and updates
  1. We reserve the right to modify or update these terms and conditions at any time, with or without notice to restaurants and users.
  2. Continued use of our Product after changes to the terms and conditions constitutes acceptance of the new terms.
Support
  1. For questions or concerns about these terms and conditions, please contact us at hello@usemira.com
  2. In cases of breach of a restaurant’s account, we should be contacted still at hello@usemira.com
Termination
  1. Breach of any of these terms of use may result in your’ rights to use the services on the website being restricted, suspended or withdrawn.
  2. If you breach these general terms and conditions or if we reasonably suspect that these general terms and conditions have been breached in any way, we may: temporarily suspend access to our Product; permanently prohibit access to our Product; suspend or delete existing accounts on our website.
Governing law and jurisdiction
  1. These terms and conditions will be governed by and construed in accordance with the laws of Nigeria.
  2. Any disputes arising out of these terms and conditions will be resolved through mediation and arbitration in accordance with the Lagos Court of Arbitration Rules.