Terms and Conditions

These terms and conditions of service govern the contractual relationship between those who register their establishments on the Waitry website (waitry.net/es) (hereinafter referred to as ‘Establishments’ or ‘You’), with WAITRY SOLUCIONES SL, Tax Identification Number (CIF) B88539648, with its registered address at Calle Hermosilla 23, 1 Dcha, 28001, Madrid, Spain, email address contacto@waitry.net (hereinafter ‘Waitry’, and together with the Establishments, the ‘Parties’). The Establishments shall be subject to the respective General Terms and Conditions, together with all other policies and principles governing Waitry, which are incorporated herein by reference.

Anyone who does not accept these General Terms and Conditions, which are mandatory and binding, must refrain from using the website.

Anyone wishing to register their establishment must read, understand and accept all the conditions set out in the General Terms and Conditions and in the Privacy Policies, as well as in the other documents incorporated into them by reference, prior to their registration as an Establishment.

Businesses shall make their premises available to individuals (hereinafter referred to as ‘Users’) so that they may place orders (hereinafter referred to as the ‘Services’) via the Waitry technology and mobile platform (hereinafter referred to as the ‘Platform’). Waitry acts at all times as a third-party intermediary between the Establishments and the Users. Furthermore, you acknowledge that Waitry does not provide catering, hospitality, entertainment, corporate or social event services. Waitry shall not be liable for the quality of the Services provided by the Establishments; it merely makes the Platform available to the Establishments and Users. Under no circumstances shall the Establishments be deemed to be owned by or employed by Waitry or any of its affiliates, nor shall the services provided by the Establishments be deemed to be commissioned by Waitry.

Clause 1: Registration of the establishment

1.1. Any person wishing to register their establishment (the ‘Interested Party’) may do so in one of two ways: (i) through Waitry’s commercial agents; or (ii) by registering on the Waitry website. Once the Interested Party has completed either of the two steps above, Waitry will send them a form to be completed by the Interested Party (the ‘Registration Form’), which must include the business name of the Establishment, the type of establishment, service details, number of tables, Wi-Fi name and password, a description of the premises, a description of the establishment’s façade, opening days and times, and a telephone number. Once the Registration Form has been completed and validated by Waitry, the Interested Party will have registered the Establishment.

1.2. The Establishment’s registration includes, on an optional basis and in accordance with the installation cost currently listed on the Waitry website, the provision of (i) centrepieces made of acrylic, PVC or similar materials, cardboard or other materials, as applicable to the Establishment (the ‘Centrepieces’), (ii) posters for outdoor and indoor use (the ‘Graphics’); and (iii) the integration of the platform used by the Establishment with the Waitry Platform (the ‘Integration’). You understand that if the platform used in your establishment is difficult to integrate with the Waitry Platform, Waitry reserves the right to invoice you for the costs of integrating the Platform. Furthermore, the Establishment shall bear the costs associated with the connection via the telecommunications network provided by its contracted internet service provider (ISP), which shall be at its sole expense. The Establishment may only access the Platform through authorised means.

1.3. All information provided by the Interested Party for the purposes of registering the Establishment must be accurate, precise and true, and the Interested Party undertakes to keep the details up to date (hereinafter the ‘Registration Details’). Furthermore, the Interested Party must be aged 18 or over.

1.4. Once the Establishment has been registered, Waitry will provide the Establishment with a personal account to which it can access using a password of its choice (the ‘Account’). The Establishment will access its Account by entering its username and the personal security code it has chosen. The Account is personal, unique and non-transferable, and the same Establishment is prohibited from registering or holding more than one Account. Should Waitry detect different Accounts containing matching or related data, it may cancel, suspend or deactivate them. The Establishment shall be solely responsible for safeguarding its Account and for keeping its access codes secure. The Establishment may cancel its Account at any time free of charge, provided that it has paid Waitry all Monthly Fees and Promotion Prices accrued up to the date of cancellation.

1.5. Registration Details must be accurate, up-to-date and truthful at all times. Waitry reserves the right to request supporting documentation and/or additional information in order to verify the Registration Details, and to suspend, either temporarily and/or permanently, any Establishment whose details cannot be confirmed. Waitry accepts no liability for the accuracy of the Registration Data. The Data Subject and the Establishment guarantee and are liable, in all circumstances, for the truthfulness, accuracy, validity and authenticity of the Registration Data. The Personal Data provided by the Establishment will be included in a personal data database for which Waitry is responsible. Waitry may request reports from various public or private databases regarding information and/or data relating to the Establishments. For further information, please refer to the Privacy Policy.

1.6. Waitry, at its sole discretion, may refuse to register an Establishment and/or remove it from the register at any time.

Clause 2: Services provided by the establishment

2.1. The Premises shall be made available to Users so that they may place orders for food or merchandise (the ‘Products’) via the Platform provided by Waitry (the ‘Orders’). Furthermore, Establishments may offer Users the option to place Orders outside the Establishments via the Platform and collect them from the Establishment (‘Takeaway’) or have Orders delivered to their homes (‘Delivery’), in which case the Establishment shall be responsible for the delivery of the Orders. It is expressly stated that Waitry shall not be liable for the chosen method of delivery, nor for its efficiency or fulfilment. The delivery service shall be arranged at the sole discretion and responsibility of the Establishment.

2.2. Once the User is inside the Establishment, they may place Orders using the Waitry Platform by scanning the QR code (the ‘QR Code’) or entering the PIN (the ‘PIN’) found on the graphic displayed in the centre of the table. Once they have scanned the QR Code or entered the PIN, the User will be connected to the Establishment’s system, which will provide the User with a personalised menu (the ‘Menu’) where they can place Orders directly via the Platform or request to be served by a waiter at the Establishment.

2.3. The Establishment may manage floor plans, access points, integrations with third-party systems and integrations with payment methods (the ‘Advanced Settings’). With regard to floor plans, the Establishment may draw up a floor plan of the premises, which it must upload to the Platform, in order to show the User the features and access points to the Establishment; this will indicate the layout of the Establishment, i.e. how many and what types of areas it comprises.

2.4. Within the Advanced Settings, the Merchant shall specify how payments for Orders (the ‘Payments’) are to be made; that is to say, whether Payments must be made via the Payment Processors (see Clause Four) or whether Payments may be made in cash. There, the Establishment may also specify the Service charge, which will be automatically added to the Order. It is expressly stated that tips shall not be included; the User shall be free to leave a tip at their sole discretion and responsibility, and the Establishment shall not be permitted to include it within the Service charge. The Establishment may not sell the Products to persons who do not use the Platform at a price lower than that stated in the Catalogue.

2.5. Furthermore, the Establishment may amend the menu within the ‘Menu’ section on the Platform, and may add images and create different categories to enhance the User’s experience. The Establishment undertakes to publish images that do not offend the User’s sensibilities, and Waitry reserves the right to request that the Establishment change the images published on the menu at its sole discretion.

2.6. Given that Waitry merely makes the Platform available to Establishments and Users to improve the experience of placing Orders, and does not participate in the Service, the Establishment shall be liable for all obligations and tax liabilities arising from the Service, and Waitry shall not be held liable in any way for any breaches in this regard.

2.7. The Organisation is solely responsible for the use of your Account and for the provision of the Services. All of this is in accordance with the provisions of clause six of these Terms and Conditions.

2.8. The Establishment is obliged to carry out the routine maintenance and cleaning of the Establishment, at its own expense, to ensure that it is fit for the provision of the Services.

Clause 3: Use of the platform

3.1. Waitry shall have the power to refuse or restrict the use of the Platform to any Establishment at its sole discretion, without this giving rise to any entitlement on the part of the Establishment to claim damages. Waitry shall not be liable if the Establishment does not have the necessary technology to use the Platform. The Establishment undertakes to make proper and lawful use of the Platform in accordance with applicable legislation, these Terms and Conditions, generally accepted standards of morality and good conduct, and public order. By using the Platform or the Service, the Establishment agrees that:

1. You shall only use the Service for commercial purposes and shall not be authorised to resell your Account to a third party.
2. You must not authorise any third party to use your Account.
3. You must not assign or otherwise transfer your Account to any other person or legal entity.
4. You must not use an account that is subject to any rights held by a person other than the Establishment without the appropriate authorisation.
5. You shall not use the Service for any unlawful or illegal purposes, or in contravention of these Terms and Conditions, good faith or public order, or in a manner that infringes the rights and interests of third parties, including, without limitation, the transport of illegal material or for fraudulent purposes.
6. You must not attempt to damage the Service or the Platform in any way, nor access restricted resources on the Platform.
7. You must keep your Account password and any identification details provided to enable you to access the Service and the Platform safe and confidential.
8. You must not use the Service or the Platform on an incompatible or unauthorised device.
9. You must not attempt to access, use and/or manipulate the data of Waitry, Users and other Establishments.
10. You must not introduce or disseminate computer viruses or any other physical or logical systems that are capable of causing damage to the Platform.
11. You must hold all the relevant authorisations required to operate, in accordance with the premises you wish to register in order to provide the services, including, but not limited to, an operating licence, title deed or any contract granting you the right to operate the premises commercially, and insurance, amongst other things.

Clause 4: Fees and invoicing

4.1. If the Business wishes to accept online payments, it must create an account with the payment processor known as Stripe (the ‘Payment Processor’) and subsequently link it to its Account. The Establishment must accept the Payment Processor’s terms and conditions and privacy policies, thereby releasing Waitry from any liability for any failure in the services provided by the Payment Processor.

4.2. Payments made by the User via the Payment Processor at the Establishment will go directly to the Stripe account registered by the Establishment, free of commission, less (where applicable) a fixed transaction fee for administrative purposes, as detailed on the Waitry website. Waitry will only charge the Establishment a monthly fee in accordance with the selected plan in force, the amounts of which will be published at all times on the Waitry website (the ‘Monthly Fee’).

4.3. Waitry reserves the right to take any judicial or extrajudicial measures it deems appropriate to collect the Monthly Fee. Waitry reserves the right to amend, change, add to or remove the current rates at any time, in which case the Establishment will be notified.

4.4. The Establishment must issue the relevant invoice to the User for the full amount corresponding to the payment made by the User in relation to the Order.

4.5. Through the use of the Platform, the Business will be able to identify Users’ tastes and preferences (the ‘Users’ Tastes’). Using the Users’ Preferences, Establishments may launch personalised promotions on the Platform in order to attract more Users to the Establishment (the “Promotions”). The Establishment shall pay Waitry, depending on the segmentation, between €0.10 (zero euros and ten cents) and €0.50 (zero euros and fifty cents) for each User who takes part in the Promotions (the ‘Promotion Price’). Waitry expressly clarifies that the Promotion Price is not included in the Monthly Fee; rather, the Establishment must pay it in addition to the Monthly Fee.

Clause 5: Indemnity and independence of the parties

5.1. The Establishment, acting as an independent entity, assumes all liability that may arise from the provision of the Service, thereby releasing Waitry and all its partners from any such liability at all times.

5.2. In particular, the User accepts full responsibility for any liability that may arise from their own actions, as well as for any damage, loss, breakage or misplacement of goods during transport, thereby exempting Waitry from any liability in respect of any claim made by the User or third parties of any nature whatsoever, and consequently undertaking to indemnify Waitry and its partners against any damage, loss or harm for which a claim might be made against them.

5.3. Furthermore, the Parties hereby establish and agree that the Establishment shall have no employment relationship of dependence or subordination with Waitry; both parties are autonomous and independent of one another and are therefore individually responsible for their contractual, tax, employment and social security obligations, etc. Nor do they create any partnership, agency or franchise agreement between Waitry and the Establishment. The Establishment acknowledges and accepts that Waitry is not a party to any transaction, nor does it have any control over the quality, safety or legality of the goods covered by the Services. The Establishment acknowledges that it is an independent trader and, as such, assumes the business risk involved in providing the Service at its own sole expense.

Clause 6: Liability

6.1. Waitry merely provides the Establishment with a virtual space that enables them to communicate via the Platform in order to provide the Service to Users. Waitry does not intervene in the execution of transactions between the Establishment and the User, and shall therefore not be liable for the quality, quantity, condition, integrity or legitimacy of the goods transported by the Establishment, nor for the Establishment’s capacity to enter into contracts or the accuracy of the personal data entered by them.

6.2. The Establishment acknowledges and accepts that it conducts transactions with Users at its own risk. Under no circumstances shall Waitry be liable for loss of profit or for any other damage and/or loss that the Establishment may have suffered as a result of the Service provided via the Platform.

6.3. Waitry recommends exercising caution and common sense when providing the Service. In the event that one or more Users or any third party initiates any kind of claim or legal action against an Establishment, each and every party involved in such claims or actions shall hold Waitry and its directors, managers, employees, agents, operators, representatives and authorised agents harmless from any liability.

Clause 7: Use and warranty of the platform

7.1. Waitry does not guarantee the availability or continuous operation of the Platform. Consequently, Waitry shall in no circumstances be liable for any damages that may arise from (i) the Platform being unavailable or inaccessible; (ii) any interruption to the operation of the Platform or computer faults, telephone faults, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, data centres, the Internet or other electronic systems, occurring in the course of its operation; and (iii) any other damages that may be caused by third parties through unauthorised interference beyond Waitry’s control.

7.2. Waitry does not guarantee the absence of viruses or other elements on the Platform introduced by third parties unrelated to Waitry that may cause disruptions to the Establishment’s physical or logical systems or to the electronic documents and files stored on its systems. Consequently, Waitry shall in no circumstances be liable for any damages of any kind that may arise from the presence of viruses or other elements that may cause alterations to the Establishment’s physical or logical systems, electronic documents or files.

7.3. Waitry implements various security measures to protect the Platform and its content against cyber-attacks by third parties. However, Waitry does not guarantee that unauthorised third parties will not be able to ascertain the conditions, characteristics and circumstances under which the Establishment accesses the Platform. Consequently, Waitry shall in no circumstances be liable for any loss or damage that may arise from such unauthorised access.

7.4. By agreeing to these Terms and Conditions, you undertake to indemnify Waitry, its parent company, directors, partners, employees, solicitors and agents, arising from (i) the Establishment’s breach of any provision contained in these Terms and Conditions or of any law or regulation applicable thereto; (ii) any breach or infringement of the rights of third parties, including, but not limited to, other Establishments; and (iii) any breach of the permitted use of the Platform.

Clause 8: Intellectual and industrial property rights

8.1. The Establishment acknowledges and agrees that all intellectual and industrial property rights in the content and/or any other elements included on the Platform (including, without limitation, trade marks, logos, trade names, text, images, graphics, designs, sounds, databases, software, flowcharts, layout, audio and video) belong to Waitry.

8.2. Waitry authorises the Establishment to use, view, print, download and store the content and/or elements included on the Platform exclusively for its personal, private and non-profit use, and shall refrain from decompiling, reverse engineering, modifying, disclosing or supplying such content or elements. Any other use or exploitation of any content and/or other elements included on the Platform, other than as expressly provided for herein, shall be subject to Waitry’s prior authorisation.

8.3. Without prejudice to the provisions of clauses 8.1 and 8.2, the Establishment shall make available to Waitry its trade marks, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flowcharts, presentation, audio and video, authorising WAITRY to use them within the scope set out in these Terms and Conditions in order to enhance the Users’ experience.

Clause 9: Data protection

9.1. The personal data (hereinafter referred to as the ‘Data’) that you provide during registration will be included in a personal data database for which Waitry is the data controller; its address is set out in the header of this document. You can view full details of how your data is processed on our Privacy Policy.

Clause 10: Notifications

10.1. Waitry may issue the relevant notifications via a general notice on the Platform, or via the email address provided by the Establishment in its Account. The Establishment may notify Waitry by sending an email to the address contacto@waitry.net.

Clause 11: Assignment

11.1. The Establishment may not assign its rights and obligations arising from these Terms and Conditions without Waitry’s prior written consent. Waitry may, without the need to obtain the Establishment’s prior consent, assign these Terms and Conditions to any entity within its group of companies, worldwide, as well as to any person or entity that succeeds it in the conduct of its business on any grounds whatsoever.

Clause 12: Governing law and jurisdiction

12.1. These Terms and Conditions, as well as the relationship between Waitry and the Establishment, shall be governed by and construed in accordance with the laws in force in Spain.

12.2. In respect of any issues, disputes or claims that may arise from the interpretation, compliance with or enforcement of these Terms and Conditions, the Parties expressly submit to the courts and tribunals of the city of Madrid (Spain), expressly waiving any other jurisdiction to which they might otherwise be entitled.

12.3. The foregoing is without prejudice to any mandatory rights granted to consumers and users under applicable legislation, or to any inalienable rights granted to businesses based outside Spain under the legislation of each country.

12.4. If any provision of these Terms and Conditions is declared void or unenforceable by a competent court, that provision shall be deemed to have been omitted and the remainder of the document shall remain in full force and effect.