Terms and Conditions

These Terms, as amended from time to time, apply to your access to and use of: the “CallWaiter” app or “powered by CallWaiter” service accessible through a mobile device web browser or any white-labeled websites that are “powered by CallWaiter”, the “Admin Dashboard” provided for Venues and our website www.callwaiter.com (collectively, the “Website”); including the online products or services which may be accessed therein, any Account you use to access any of the above, and, if applicable, the provision of any hardware (“Hardware”) (collectively, the “Service”), all of which are offered by CALLWAITER LIMITED.

 

By visiting and/or using our services, you confirm that you agree to be bound by these Terms and that you will follow them. If you do not agree to these Terms, please do not use our services.

 

All references to “user”, “you”, “your” mean the Venue or User, as applicable that access and use the Service in any manner, with “User” being an individual, end-user, customer of the venue, and “Venue” being the restaurant, hotel, bar, cafeteria or any other business. By accessing and using the Service, any individual acting on behalf of a Venue hereby confirms that such individual has the all necessary and legal authority to bind the Venue. Acceptance of these Terms by such individuals will be deemed acceptance by the Venue of these Terms. 

 

Privacy Policy 

Use of the Service is also governed by our Privacy Policy (https://www.callwaiter.com/privacy-policy), which is incorporated herein by reference. Our Privacy Policy contains important information about how we collect, store and use your data (including personal and financial data, if applicable) and we encourage you to read the Privacy Policy carefully.

 

General Terms

We do not take responsibility for mistakes in the menu, typos, outdated prices, delayed messages and orders, misplaced QR codes and NFC chips as well as orders and messages that do not arrive.

You acknowledge and agree that the Service includes functionality that by simply using their smartphones to scan a QR code or an NFC chip provided by the Venue, Users are enabled to: Call a waiter, place an order (“Order”) with a Venue; and settle, pay for or close (“Pay”) a check, bill, tab, or owed payment (each a “Payment”) concerning Orders or other transactions (each, a “Transaction”) with a Venue. You acknowledge that each Transaction you enter into is a legally binding agreement between the User and the Venue and that CallWaiter is not a party to such Transaction. The Venue is responsible for fulfillment of each Transaction and any associated issues with items ordered and/or served.

We do our utmost to ensure that the information on our services is current, accurate, and current at the time of publication, but we make no conditions, representations, or warranties (express or implied) as to the reliability, accuracy, and completeness of this information. We disclaim any responsibility for any direct, indirect, or consequential loss or damage arising from the use of our services, including any actions taken in reliance on any information appearing on these.

 

Users: CallWaiter assumes no liability for the food or beverage you order or receive as part of the transaction, including if you have submitted notes or special requests through the service. if you have food allergies or sensitivities, it is your responsibility to verify with the venue that your special request has been received. 

 

Venues: CallWaiter assumes no liability concerning your compliance with an applicable liquor license and serving obligations. it is your responsibility to comply with any applicable laws as the service will be provided only as it is configured. 

 

Losses due to offense or attempted offense are not refundable.

 

To use some aspects of the Service, you must submit to CallWaiter certain personal information, such as your name, address, mobile phone number, and age, as well as a valid payment method (either a credit card or accepted payment partner). 

To use some aspects of the Service, you must register for and maintain an active personal user Services account (“Account”).  Account registration may also require you to submit to CallWaiter certain personal information, as well as a valid payment method (either a credit card or accepted payment partner). 

 

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

 

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

 

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Third-Party Payment Processing 

CallWaiter is a technology provider. It is not a bank, credit union, payment processor, or other financial institution. Payment processing services for users of CallWaiter are provided by Stripe (“Payment Processor”).

Misplaced Orders

CallWaiter is not liable for losses resulting from incorrect ordering due to misunderstanding or misuse of our services by the user.

The user is responsible for incorrect orders. These include but are not limited to:

  1. Orders made at the wrong table or wrong restaurant
  2. Incorrect orders (not what the user wanted to order)
  3. Unintentional orders are made as a result of unintentionally touching a device while our services are active.

Misuse

The user is responsible for any misuse of our services. This includes, but is not limited to:

 

  1. Use of another person’s phone number
  2. Use of another person’s phone or other tools to use our services
  3. Absconding from the bill
  4. Logging in on someone else’s table
  5. Spying on someone else’s bill
  6. Checking in to someone else’s table
  7. Attempting to log in with someone else’s user information
  8. Registering another person without consent

 

User and Venue responsibility

 

The User and the Venue are responsible for their own information, its use, and the result of this use.

The User and the Venue are responsible for ensuring that the registration information and their password are and remain confidential. The User and the Venue are responsible for all use of their account or information, whether permission is given or not. Furthermore, the User and the Venue must immediately notify CallWaiter of any unauthorized use of their account or information.

CallWaiter does not guarantee that our services always work or that CallWaiter servers are free of viruses or other harmful content. CallWaiter is not responsible for any charges for services etc. by the Venue. CallWaiter is not responsible for any charges for services etc. if the use of our services results in data or equipment needing to be replaced by the Venue. Our website, apps, and material are presented without any guarantee of accuracy, reliability, and completeness. This applies to material, services, software, text, graphics, and links.

 

You hereby agree NOT to use our services for:

 

  1. Transmitting any sort of information or engaging in any form of activity that is in any way offensive, abusive, threatening, obscene, is of racial, sexual, or erotic nature, or according to CallWaiters assessment is not consistent within CallWaiters ethics policy.

 

  1. Have more than one Account at any given time, and you shall not create an Account using a false identity or information, or on behalf of someone other than yourself.

 

  1. Use the Service to transmit unauthorized communications, advertise, solicit, or transmit any commercial advertisements, including chain letters, junk email, or repetitive messages (spim and spam) to anyone.

 

  1. Unless otherwise authorized herein, collect, harvest, or post anyone’s private information, including personally identifiable information of any kind through the Service.

 

  1. Use the Service in a manner that infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party.

 

  1. Use the Service, intentionally or unintentionally, in violation of any applicable law or regulation, including without limitation any law or regulation concerning the purchase or sale of alcoholic beverages.

 

  1. Use, reuse, repost, distribute, provide access to others to, copy, modify, or transmit the Service and related information for any commercial purpose or public use.
  2. Attempt to gain access to the Service, Accounts registered to others or the computers, servers, or networks connected to the Service by any means other than the user interface provided by us and through your Account, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, server or software that is part of the Service.

 

  1. Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms.

 

  1. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or to obtain any information from the Service using any method not expressly permitted by us.

 

  1. Allow any third party to have access to the Service, other than Authorized Representatives.

 

  1. Remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols, or labels in the Service.

 

  1. Introduce malicious software into the Service.

 

If you are a User, the following provisions apply:

 

  1. Acknowledgment of Service. You acknowledge that, while the Transaction is between you and the relevant venue, the Venue has authorized us to facilitate certain aspects of the Transaction on its behalf. You should direct any questions, claims, or disputes about the Transaction to the Venue, but please contact us if you have any questions about the Service. We are not responsible for examining or evaluating the quality, or any other aspect of the products or services offered by or purchased from any Venue and will not have any liability or responsibility to you or any other person, therefore. You acknowledge that, should you dispute any charge that appears on your credit or debit card statement related to your use of the Service to Settle a Transaction, any chargeback for such charge shall apply to such Venue and that we will not have any liability to you.
  2. Transaction Settlement. When you Settle a Transaction, you agree to pay the total authorized payment amount (“User Payment Amount”), and you authorize CallWaiter to transmit your tokenized payment information to the Payment Processor to charge the User Payment Amount to your Credit Card. Through this process, this information may be provided to financial institutions, processors, payment card associations, and other entities that are part of the payment or transfer process including the Payment Processor, and your Payment Information may be transferred, processed, and stored outside of Cyprus, or other countries, and may be subject to disclosure as required by applicable law. (If the Venue has chosen to use Stripe as its payment processor, Stripe may also collect other information directly from you via cookies or other means. 
  3. Refunds. You acknowledge and agree that CallWaiter does not provide refunds via the Service. You hereby agree to seek any refunds of Transactions directly from the Venues or your Credit Card issuer.

 

If you are a Venue, the following provisions apply:

 

    1. Payments. Payment processing services for Venues are provided from Stripe. Your relationship with Stripe will be governed by a separate agreement with Stripe. As a condition of  CallWaiter enabling payment processing services, you will authorize CallWaiter to connect to your Stripe account. You acknowledge and agree that you will comply with any agreement with Stripe and that you will be solely responsible for any fees Stripe may charge you for its services. You agree that any digital payments will go directly to your Stripe account and any amount due to you concerning Digital Payments will be processed by Stripe and deposited to the bank account associated with your Stripe account every week unless otherwise agreed with CallWaiter. CallWaiter shall not be liable to you for any loss failing to pay you if, for any reason whatsoever, any payments payable by a User are not received by you or are required to be returned to the User, such as in the event of insufficient funds, fraudulent credit card use, the card company or bank of the User failing to process correctly the payment or a failure on CallWaiter’s side to take or make a payment when it is outside CallWaiter’s reasonable control. You agree and acknowledge that you will assume all responsibility for chargebacks.
    2. Fees and Billing. CallWaiter may collect the following fees (“Transactional Fees”) from Venues: a markup on the fee charged by Stripe on transfers to your bank account from your Stripe account and vice versa, a markup on the fee charged by Stripe on payment processing for orders paid through CallWaiter, a flat fee on each Transaction, a flat monthly fee based on the subscription plan you have chosen or a combination of all, as agreed upon between you and CallWaiter. CallWaiter may collect other periodic or one-time fees (together with Transactional Fees, the “Fees”) for different aspects of the Service. Fees will be invoiced as agreed upon between you and CallWaiter. Sales tax is applicable on Fees and payable by the Venue based on the tax applicable in the jurisdiction where the Transaction occurs or you are located, as applicable. We reserve the right to suspend or terminate your access to the Service if you are delinquent in paying your Fees or any amounts owing to CallWaiter (“Delinquent Fees”). If you or CallWaiter initiates termination of these Terms, you will be obligated to pay the balance due on account computed by this section. You agree and acknowledge that we have no obligation to retain your data and that such data may be irretrievably deleted if your Account becomes delinquent.

 

 

  1. Force Majeure.  Without limiting the generality of the preceding limitations, we have no liability for any failure or delay resulting from any condition reasonably beyond our control, including but not limited to power grid failure, Internet service disruption, faulty/missing/disrupted internet connections, labor strikes or lock-outs, governmental action, acts of terrorism, war, coup, civil unrest, earthquake, hurricane, tsunami, fire, flood or other acts of God.
  2.  Disclaimer of Warranties.  except as expressly stated above, the service is provided "as is" and “as available”, without warranty of any kind, and we (and our affiliates and their and our officers, directors, agents, and associates) (collectively, the “CallWaiter parties”)  hereby disclaim (and you hereby waive) all representations, warranties or conditions of title, non-infringement, merchantability, merchantable quality, durability and fitness for a particular purpose, as well as all other warranties and conditions, either express, implied or statutory. in jurisdictions that do not allow the exclusion of implied warranties, our implied warranties will be excluded to the greatest extent permitted by law and we will adhere solely to the minimum amount of implied warranties necessary to comply with applicable law.
  3. Limitation of Liability. the CallWaiter parties will not be liable for any (i) indirect, consequential, exemplary, special, incidental, punitive damages or any similar damages including without limitation in connection with or relating to these terms or the service, (ii) damages due to use, performance or operations of the internet or use of the internet by you; (iii) loss of data; (iv) lost profits; (v) business interruption;  (vi) damages under any third party terms and conditions, other than as agreed in this agreement;  or (vii) content, products, and services offered through the service, regardless of whether we have been advised of the possibility of such damages in advance or whether such damages are reasonably foreseeable. neither we nor our affiliates will have liability to you for damages over the greater of the amount you paid for the service, if any, in the 12 months before the claim.in jurisdictions that do not allow the exclusion or limitation of liability for incidental or consequential damages, or require exclusions and/or limitations of liability that are different than those outlined in this section, our liability will be limited to the greatest extent permitted by law.



Licence Grant  

Subject to these Terms, CallWaiter hereby grants you a limited, non-exclusive, and non-transferable license to, where applicable, download, install, display, perform, access and use the Service, which (a) for Users, includes access to and use of the Service on a smartphone, tablet or other mobile devices that you own or control and (if applicable) creating and using an account on the Service (“Account”), both for your own use; and (b) for Venues includes access to and use of the online portal, download of any necessary software on the Hardware (if provided) and any other devices or tablets required for you to be able to access and use the Service, and creating and using an Account, both for the sole use of the Organization (which includes use by the Venue’s employees, contractors, and agents (“Authorized Representatives”)). You shall use the Service only in compliance with these Terms, CallWaiter’s standard policies then in effect, and all applicable laws (including but not limited to policies and laws related to spamming, privacy, intellectual property, consumer and child protection, obscenity, and defamation).

 

You shall be responsible for obtaining and maintaining any equipment, including any Hardware, and ancillary services needed to connect to, access, or otherwise use the Service, including, without limitation, hardware, server, software, operating system, networking, web servers, and web services (collectively, the "Equipment"). You shall be responsible for ensuring that such Equipment and services are compatible with the Service and comply with all configurations and specifications outlined in our published policies then in effect. You shall also be responsible for maintaining the security of the Equipment, your Account, ancillary services, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your Account, the Service, or the Equipment with or without your knowledge or consent.

 

You acknowledge that the Service is licensed, not sold, to you. CallWaiter reserves all rights in and to the Service not expressly granted to you under this Agreement. You do not acquire any ownership interest in the Service under these Terms. CallWaiter and its licensors and service providers reserve and retain the entire right title and interest in and to the Service, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.  The wordmarks “CallWaiter” and the “CallWaiter” logo and all associated marks and logos displayed within the Service are our (or our licensor’s) trademarks (unless otherwise noted).

 

We reserve the right to modify these Terms at any time. We may provide you with notice of such modifications, by sending you an email message or posting a message on the Service. Your continued use of the Service will signify your acceptance of the modifications to the Terms.




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