Terms and Conditions
These terms and conditions of service regulate the contractual relationship between the people who register their establishments on the WAITRY website (https://waitry.net/es) (hereinafter ” Establishments ” or ” You “), with WAITRY SOLUTIONS SL CIF B88539648; with postal address at Calle Hermosilla, 48, 1 Dcha. Madrid, e-mail address firstname.lastname@example.org (hereinafter “WAITRY”, and together with the Establishments, the ” Parties “). The Establishments will be subject to the respective General Terms and Conditions, together with all other policies and principles that govern WAITRY and that are incorporated herein by reference.
ANY PERSON WHO DOES NOT ACCEPT THESE GENERAL TERMS AND CONDITIONS, WHICH ARE MANDATORY AND BINDING, MUST REFRAIN FROM USING THE SITE.
The person interested in registering their Establishment must read, understand and accept all the conditions established in the General Terms and Conditions and in the Privacy Policies as well as in the other documents incorporated therein by reference, prior to their registration as an Establishment.
The Establishments will make their space available to natural persons (hereinafter, the ” Users “) so that they can place orders (hereinafter, the ” Services “) through the use of WAITRY’s technological and mobile platform (hereinafter, the “Services”). hereinafter, the “ Platform ”). WAITRY acts at all times as a third party intermediary between the Establishments and the Users. Likewise, you acknowledge that WAITRY does not provide gastronomy, hospitality, shows, or corporate or social events. WAITRY will not be responsible for the quality of the Services provided by the Establishments, it is simply limited to making the Platform available to the Establishments and Users. Under no circumstances will the Establishments be considered owned or employed by WAITRY or any of its affiliates, nor will the services provided by the Establishments be deemed to be entrusted by WAITRY.
FIRST CLAUSE: The Registry of the Establishment.
1.1. The person interested in registering their establishment (the “ Interested Person ”) may do so in two ways: (i) through WAITRY commercial agents; either (ii) through registration on the WAITRY website. Once the Interested Person has completed one of the two previous steps, WAITRY will send a form that must be completed by the Interested Person (the “Registration Form ”), in which the Business Name of the Establishment, the type of Establishment, characteristics of the service, number of tables, Wi-Fi name and password, description of the place, description of the façade of the Establishment, days and times must be indicated. attention and phone number. Once the Registration Form has been completed and validated by WAITRY, the Interested Person will have registered the Establishment.
The registration of the Establishment includes optionally and according to the current installation cost on the WAITRY website, the delivery of (i) centerpieces made of acrylic, pvc or similar, cardboard or other material, as the case may be of the Establishment (the “Centerpieces ”), (ii) posters for exteriors and interiors (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 bill you for the Platform Integration costs. In addition, the Establishment will have the cost related to the connection through the telecommunications network provided by the contracted access provider (ISP) for the same, which will be at its exclusive charge. The Establishment may only access the Platform through authorized means.
1.3. All the information provided by the Interested Person for the purpose of registering the Establishment must be exact, precise and true, assuming the commitment to update the data (hereinafter the “Registration Data”). Likewise, it will be a necessary requirement that the Interested Person be over 18 years of age.
1.4. Once the Establishment is registered, WAITRY will grant the Establishment a personal account to log in with the password you choose (the “ Account ”). The Establishment will access your Account by entering your chosen username and personal security code. The Account is personal, unique and non-transferable, and it is prohibited for the same Establishment register or have more than one Account. In case of WAITRY detects different Accounts that contain matching or related data, you can cancel, suspend or disable them. The Establishment will be solely responsible for the care of your Account, and for keeping your passwords protected. The Establishment may cancel your Account at any time at no cost, provided that you have paid WAITRY all the Monthly Fees, Promotion Prices and have complied with the provisions of the last paragraph of point 1.2.
1.6. WAITRY at its sole discretion may deny the registration of an Establishment and/or cancel it at any time.
SECOND CLAUSE: Service provided by the Establishment
2.1. The Establishment will be made available to Users so that they can place orders for food or merchandising (the ” Products “) in them through the Platform provided by WAITRY (the “Orders” ). In addition, the Establishments may offer Users to place Orders outside the Establishments through the Platform and pick them up at the Establishments (” Take Away “) or place the Orders from their homes (” Delivery “), and the Establishment must make charge of the transport of the Orders. It is expressly established that WAITRY will not be responsible for the chosen transport, nor for its effectiveness and compliance. Transportation will be contracted at the sole discretion and responsibility of the Establishment.
2.2 Once the User is inside the Establishment, they can place the Orders using the WAITRY Platform by scanning the QR code (the “ QR Code ”) or entering the PIN (the “ PIN ”) that will be found in the Graphics located in the Centerpiece. Once the QR Code is scanned or the PIN is entered, the User will connect with the Establishment’s system, which will offer the User a personalized catalog (the ” Catalogue “) where they can place Orders directly from the Platform or can request that they do so. Attend a waiter of the Establishment.
2.3 The Establishment may manage plans, access points, integrations with third-party systems and integrations with means of payment (the “ Advanced Configuration ”). Regarding the plans, the Establishment may prepare a plan of the place, which must be integrated into the Platform, in order to show the User the characteristics and access points to the Establishment; there it will be indicated how the Establishment is distributed, that is, with how many and what type of environments it has.
2.4 Within the Advanced Configuration, the Establishment will establish how the payments of the Orders will be made (the “ Payments ”); that is, if the Payments must be made through the Payment Processors (see Clause Four ) or if the Payments can be made in cash. There you can also indicate what the charge for the Service will be, which will be automatically added to the Order. It is expressly established that the tip will not be included, and the User must leave it at their sole discretion and responsibility and the Establishment cannot include it in the charge for the Service. The Establishment may not sell the Products to people who do not use the Platform at a price lower than that which appears in the Catalogue.
2.5 Likewise, the Establishment may modify the menu within the “Menu” section on the Platform, being able to add images and establish different categories to improve the User experience. The Establishment undertakes to publish images that do not harm the sensitivity of the User and WAITRY reserves the right to request the Establishment to change the images published in the menu at its sole discretion.
2.6. Given the WAITRY only makes the Platform available to the Establishments and Users to improve the experience of placing Orders, and does not participate in the Service, the Establishment will be responsible for all the obligations and tax charges that correspond to the Service, without being imputed to WAITRY some kind of liability for non-compliance in this regard.
2.7. The Establishment is solely responsible for the use of your Account and for the provision of the Services. All this in accordance with the provisions of clause 6 of these Terms and Conditions.
2.8. Maintenance and regular cleaning of the Establishment is mandatory and exclusively at the expense of the Establishment, so that it is suitable for providing the Services.
THIRD CLAUSE: Use of the Platform
3.1. WAITRY will have the power to deny or restrict the use of the Platform to any Establishment at its sole discretion, without generating the possibility of claiming any damage from the Establishment. WAITRY will not be responsible if the Establishment does not have the necessary technology to use the Platform. The Establishment undertakes to make appropriate and lawful use of the Platform in accordance with the applicable legislation, these Terms and Conditions, morality and generally accepted good customs and public order. By using the Platform or the Service, the Establishment agrees that:
a. You will only use the Service for your business use and will not have the authority to resell your Account to a third party.
b. You will not authorize third parties to use your Account.
c. You will not assign or otherwise transfer your Account to any other person or legal entity.
d. You will not use an account that is subject to any right of a person other than the Establishment without proper authorization.
and. It will not provide the Service for illicit, illegal purposes, contrary to what is established in these Terms and Conditions, in good faith and public order, harmful to the rights and interests of third parties, including, without limitation, the transport of illegal material or with fraudulent purposes.
F. You will not try to harm the Service or the Platform in any way, nor will you access any restricted resources on the Platform.
g. You will keep your Account password and any identification provided to allow you to access the Service and the Platform securely and confidentially.
h. You will not use the Service or the Platform with an incompatible or unauthorized device.
i. It will not try to access, use and/or manipulate the data of WAITRY, Users and other Establishments.
J. It will not introduce or spread computer viruses or any other physical or logical systems that are likely to cause damage to the Platform.
k. You will have all the corresponding authorizations to circulate, according to the Establishment you wish to register to provide the services, including but not limited to a permit to operate, property title or any contract that gives you the right to commercially exploit the Establishment, insurance, among others.
FOURTH CLAUSE: Rates. Billing
4.1. If you wish to accept online payments, the Establishment must create an account with the payment processor known as Stripe (the ” Payment Processor “) and subsequently link it to your Account. The Establishment must accept the terms and conditions and privacy policies of the Payment Processor, exempting WAITRY from any responsibility for the failure of the services provided by the Payment Processor.
4.2. Payments made by the User through the Payment Processor in the Establishment will go directly to the Stripe account registered by the Establishment without commissions, deducting (if applicable) a fixed administrative transaction charge detailed on the WAITRY website (waitry .net/en/prices). WAITRY will only be limited to charging the Establishment a monthly fee according to the selected plan in force, the values of which will be published at all times on the WAITRY website (waitry.net/es/prices) (the “ Monthly Fee ”).
4.3. WAITRY reserves the right to take the judicial and extrajudicial measures it deems pertinent to obtain the Monthly Fee. WAITRY reserves the right to modify, change, add, or eliminate the current rates, at any time, which will be notified to the Establishment.
4.4. The Establishment must issue the corresponding invoice to the User for the total amount corresponding to the payment paid by the User in relation to the Order.
4.5. Through the use of the Platform, the Establishment will be able to know the tastes and preferences of the Users (the “ Tastes of the Users ”). Through the Likes of the Users, the Establishments may launch personalized promotions on the Platform in order to attract more Users to the Establishment (the “ Promotions ”). The Establishment must pay WAITRY, depending on the segmentation, between €0.10 (Euros zero point ten) and €0.50 (Euros zero point five) for each User who enters the Promotions (the “ Promotion Price ”) ). WAITRY expressly makes it clear that the Price of the Promotion will not be included in the Monthly Fee, but that the Establishment must pay it to the Establishment as an additional to the Monthly Fee.
FIFTH CLAUSE: Indemnity. Independence of the Parties
5.1. The Establishment assumes, as an independent party, all liability that may arise from the provision of the Service, releasing WAITRY and all its partners from any liability in this regard at all times.
5.2. In particular, it assumes as its own the responsibility that may arise from its own acts, as well as for damages, losses, breakages or misplacements in the transport of things, exempting WAITRY from all liability for any claim made by the User or third parties of whatever nature it may be, consequently forcing itself to compensate WAITRY and its partners for any damage, loss or harm that may be claimed.
5.3. Likewise, the Parties establish and agree that the Establishment will not have a dependent or subordinate employment relationship with WAITRY, both parties being autonomous and independent of each other, therefore, individually responsible for their contractual, tax, labor, social security obligations, etc. They don’t believe either no partnership, mandate, franchise contract between WAITRY and the Establishment. The Establishment acknowledges and accepts that WAITRY is not a party to any operation, nor does it have any control over the quality, safety or legality of the merchandise that is the object of the Services. The Establishment acknowledges being an independent merchant, and by virtue of this, assumes the business risk involved in providing the Service at its sole expense.
SIXTH CLAUSE: Responsibility
6.1. WAITRY only makes available to the Establishment a virtual space that allows them to communicate through the Platform to provide the Service to Users. WAITRY does not intervene in the improvement of the operations carried out between the Establishment and the User, therefore it will not be responsible for the quality, quantity, condition, integrity or legitimacy of the merchandise transported by the Establishment, as well as the ability to contract the Establishment or the veracity of their personal data entered by them.
6.2. The Establishment knows and accepts that when carrying out operations with the Users it does so at its own risk. In no case WAITRY will be responsible for lost profits, or for any other damage and/or loss that the Establishment may have suffered, due to the Service provided through the Platform.
6.3. WAITRY recommends acting with caution and common sense when PROVIDING THE Service. In the event that one or more Users or any third party initiate any type of claim or legal action against an Establishment, each and every one of those involved in said claims or actions exempt WAITRY and its directors, managers, employees, agents, operators, representatives and proxies.
SEVENTH CLAUSE: Use and Guarantee of the Platform.
7.1. WAITRY does not guarantee the availability and continuity of the operation of the Platform. Consequently, WAITRY will not be responsible in any case for any damages that may arise from (i) the lack of availability or accessibility to the Platform; (ii) the interruption in the operation of the Platform or computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, data centers, in the Internet system or in other electronic systems, produced in the course of its operation; Y (iii) other damages that may be caused by third parties through unauthorized interference beyond the control of WAITRY.
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 alterations in the physical or logical systems of the Establishment or in the electronic documents and files stored in their systems. Consequently, WAITRY will not be responsible in any case for any damages of any kind that may arise from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of the Establishment .
7.3. WAITRY adopts various protection measures to protect the Platform and the contents against computer attacks by third parties. However, WAITRY does not guarantee that unauthorized third parties cannot know the conditions, characteristics and circumstances in which the Establishment access the Platform. Consequently, WAITRY will not be responsible in any case for the damages that may arise from said unauthorized access.
7.4. With the signing of these Terms and Conditions, you declare that you will hold WAITRY, its parent company, directors, partners, employees, lawyers and agents harmless from any claim arising from (i) non-compliance by the Establishment of any provision contained in these Terms and Conditions or any law or regulation applicable to them, (ii) breach or violation of the rights of third parties including, but not limited to, other Establishments ; and (iii) breach of the permitted use of the Platform.
EIGHTH CLAUSE: Intellectual and Industrial Property Rights
8.1. The Establishment acknowledges and accepts that all intellectual and industrial property rights over the contents and/or any other elements inserted in the Platform (including, without limitation, trademarks, logos, trade names, texts, images, graphics, designs, sounds, bases data, software, flowcharts, presentation, audio and video), belong to WAITRY.
8.2. WAITRY authorizes the Establishment to use, view, print, download and store the contents and/or the elements inserted in the Platform exclusively for their personal, private and non-profit use, refraining from carrying out any act of decompilation, reverse engineering, modification, disclosure or supply. Any other use or exploitation of any content and/or other elements inserted in the Platform other than those expressly provided for herein will be subject to the prior authorization of WAITRY.
8.3 Without prejudice to the provisions of points 8.1 and 8.2, the Establishment will make its brands, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flowcharts, presentation, audio available to WAITRY. and video, authorizing the latter to use them within the scope established in these Terms and Conditions in order to improve the User experience.
NINTH CLAUSE: Data Protection
9.1. The personal data (hereinafter, the “ Data ”) that you provide in the Registry will be integrated into a personal database for which WAITRY is responsible, whose address appears in the heading of this document.
CLAUSE TEN: Notifications
10.1. WAITRY may make the appropriate notifications through a general notification on the Platform, through the email address provided by the user. Establishment in his account. The Establishment may notify WAITRY by sending an email to the address email@example.com .
CLAUSE ELEVENTH: Assignment
11.1. The Establishment You may not assign your rights and obligations under these Terms and Conditions without WAITRY’s prior written consent. WAITRY may assign, without the need to obtain the prior consent of the Establishment , these Terms and Conditions to any entity included within its group of companies, throughout the world, as well as to any person or entity that succeeds it in the exercise of its business by any titles.
TWELFTH CLAUSE: Applicable Law and Jurisdiction
12.1. These Terms and Conditions, as well as the relationship between WAITRY and the Establishment , will be governed and interpreted in accordance with the legislation in force in Spain.