Terms of service

01About these terms

ND App is provided by ND Web Design, Malta ("we", "us"). These terms apply to anyone who uses this website, and to every business that uses ND App ("you", "the venue"). Any quote, order form or written agreement we sign with you forms part of these terms and takes priority if the two differ.

• BusinessND Web Design
• AddressMalta
• Emailinfo@ndwebdesign.mt
• Websitendwebdesign.mt

02The service

ND App gives venues a digital menu, a review page and related tools, reachable from QR codes, NFC tags and links. Where agreed, we also supply table hardware such as NFC tags, stands and QR cards, and set up your menu for you. What is included, and the price, is set out in your quote.

03Your account

ND App is a business service. You confirm that you use it for your trade, business or profession and that you are authorised to act for the venue. Keep your sign-in details private, give access only to people who work with you, and tell us straight away if you think your account has been misused. You are responsible for what happens under your account.

04Your menu and content

You are responsible for everything published on your pages, including dish names, descriptions, prices, photos and translations, even where we helped set it up. Please check it before you publish and keep it up to date.

Allergen information. Under EU Regulation 1169/2011, the food business is responsible for allergen information. ND App helps you show it, but you must make sure it is correct and complete for every dish, and that staff can answer allergen questions in person. We are not liable for incorrect or missing allergen information entered or approved by you.

Prices shown must be the prices you charge, including VAT where applicable.

05Review pages

When you use the review page, you agree to follow the rules of Google and any other platform you link to, as well as consumer protection law on reviews. You must not offer incentives for reviews, post or buy fake reviews, or prevent any guest from leaving a public review. Every guest can always reach your Google review form from the review page.

06Fees, payment and hardware

Fees are set out in your quote and are payable as stated on each invoice. Prices are in euro and, unless stated otherwise, exclude VAT. If an invoice is unpaid 14 days after a reminder, we may suspend the service until it is settled. Your pages come back as soon as payment is received.

Hardware remains our property until paid in full. Your statutory rights in respect of defective goods are not affected.

07Acceptable use

You must not use ND App to:

• publish unlawful, misleading, offensive or infringing content;
• collect guests' personal data for purposes they were not told about;
• interfere with, probe or overload the service, or try to access other venues' data;
• copy, resell or build a competing product from the service.

We may remove content or suspend accounts that break these rules, and will tell you why unless the law prevents it.

08Intellectual property

You keep all rights in your content and give us a licence to host, adapt, translate and display it only to provide the service to you. ND App, its software, designs and templates belong to us. You may use them only through the service while your account is active.

09Availability and changes

We work to keep ND App fast and available and fix problems promptly, but cannot promise it will always be uninterrupted or error free. We may improve or change features over time. We will not remove a core feature you pay for without reasonable notice.

10Data protection

For guest data handled through your pages, such as private feedback, you are the controller and we are your processor under article 28 of the GDPR. We will:

• process it only on your documented instructions, which are these terms and your use of the service;
• make sure our staff are bound by confidentiality;
• keep appropriate technical and organisational security measures in place;
• use other processors only under written terms that give the same protection, and tell you before adding or replacing one, so you can object;
• help you respond to guests' requests and meet your security and breach obligations;
• notify you without undue delay of a personal data breach affecting your data;
• delete or return the data when the service ends, unless the law requires us to keep it;
• give you the information needed to show compliance and allow reasonable audits.

How we handle personal data as controller is explained in our privacy policy.

11Liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited under Maltese law.

Otherwise, we are not liable for indirect or consequential loss, or for loss of profit, revenue, business or goodwill. Our total liability in any 12-month period is limited to the fees you paid us in that period.

12Ending the service

Either side can end the service as set out in your quote, or otherwise with 30 days' written notice. We may end it immediately if you seriously or repeatedly break these terms. When the service ends, your pages go offline. On request within 30 days, we will send you an export of your menu content, after which we delete your data as described in the privacy policy.

13Using this website

Information on this website is for general guidance and may change. Links to other websites are provided for convenience and we are not responsible for their content.

14Changes to these terms

We may update these terms. We will email account holders at least 30 days before a change that materially affects them. Continuing to use ND App after that date means you accept the updated terms.

15Governing law and contact

These terms are governed by the laws of Malta. The courts of Malta have exclusive jurisdiction over any dispute, which we will always first try to resolve with you directly. Questions: info@ndwebdesign.mt.