Waitery Terms of Service (the “Terms”)

Updated August 20, 2024

These Terms, as amended from time to time, apply to your access and use of the Services (as defined herein), including:

• Digital menu services “Digital Menu,”
• Contactless payment services “Contactless Payment,”

or any combination of services accessible through a web browser, mobile application, any white-labeled websites that are created or powered by Waitery, applications provided for Establishments, and our website — www.waitery.ca — including the online products or services which may be accessed therein, any Account (as defined herein) you may use to access any of the above, (collectively, the “Services”), all of which are offered by Waitery Inc., a federally incorporated Canadian company (“Waitery,” “we,” “our” or “us”).

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AT ANY TIME, YOU SHOULD NOT ACCESS OR USE THE SERVICES.

YOU ARE ONLY AUTHORIZED TO USE THE SERVICES IF YOU HAVE REACHED THE AGE OF LEGAL MAJORITY IN THE JURISDICTION FROM WHICH YOU ACCESS AND USE THE SERVICES. YOU AGREE TO USE THE SERVICES IN ACCORDANCE WITH THESE TERMS AND TO ABIDE BY ALL APPLICABLE LAWS.

All references to “user”, “you”, “your” or “Patron” mean the individual, end-user, customer of an Establishment, and references to “Establishment” mean the restaurant, stadium, bar, venue, or business using any of the Services.

Privacy Statement

Our Privacy Statement is incorporated herein by reference and forms an integral part of these Terms. Our Privacy Statement contains important information about how we collect, store, and use your Personal Information (as defined in the Privacy Statement) and we urge you to read it carefully.

www.waitery.ca/privacy-policy/

Representations About You

You represent and warrant to us that, prior to accessing and using the Services, you have reached the age of majority in the jurisdiction from which you intend to use the Services.

Digital Menu and Contactless Payment

You acknowledge and agree that the Digital Menu is a tool that allows a Patron to access a menu of the Establishment through a mobile browser, and that Contactless Payment enables a Patron to place an order with an Establishment, with either a pre-pay or post-pay option at the discretion of the Establishment. You further acknowledge and agree that the Services include functionality that enables you to (i) place an order (“Order”) with an Establishment and (ii) settle, pay for or close (“Settle”) a check, bill, tab, or sum payable (each a “Payment”) with respect to Orders or other transactions (each, a “Transaction”) executed with an Establishment. You acknowledge that each Transaction you execute is a legally binding agreement between you and the other user and that Waitery is not a party to such Transaction. The Establishment is responsible for fulfillment of each Transaction and any associated issues with items ordered and/or served to you. WAITERY ASSUMES NO LIABILITY FOR THE FOOD OR BEVERAGE YOU ORDER OR RECEIVE AS PART OF THE TRANSACTION, INCLUDING IN RESPECT OF ANY NOTES SENT TO THE ESTABLISHMENTS OR ANY SPECIAL REQUESTS MADE THROUGH THE SERVICES. IT IS YOUR RESPONSIBILITY TO VERIFY WITH THE ESTABLISHMENT THAT YOUR NOTE OR SPECIAL REQUEST HAS BEEN RECEIVED.

Third-Party Payment Processing

Waitery is a technology provider and is not, nor does it perform the functions of, or functions similar to, those of a bank, credit union, payment processor or other financial institution. The processing of payments made by Patrons to Establishments is provided by the payment processor selected by each Establishment (“Payment Processor”).

License Grant

Subject to your compliance with these Terms, Waitery hereby grants you a limited, revocable, non-exclusive and non-transferable license to, where applicable, download, install, display, perform, access, and use the Services, which include access to and use of the Services on a smartphone, tablet or other mobile device that you own or control, and, if applicable, creating and using an account to access any of the Services (“Account”), in each case, solely for your own use. You shall only access and use the Services for lawful purposes and in compliance with these Terms and all applicable laws and regulations.

You shall not:

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;
2. Use the Services to transmit unauthorized communications, advertisements, or solicitations, including chain letters, junk email, repetitive messages (spim and spam) or any similar communications to anyone;
3. Use the Services 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;
4. Use the Services, intentionally or unintentionally, in violation of any applicable law or regulation;
5. Use, reuse, repost, distribute, provide access to others to, copy, modify, or transmit the Services and related information for any purpose other than those provided herein, including any commercial purpose;
6. Attempt to gain access to the Services, Accounts registered to others or to the computers, servers, or networks connected to the Services 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 forms part of, is used for, or facilitates, the delivery of any of the Services;
7. Interfere or attempt to interfere with the proper functioning of the Services or connect to or use the Services in any way not expressly permitted by these Terms;
8. 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 Services, or to obtain any information from the Services using any method not expressly permitted by us;
9. Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Services; or
10. Introduce malicious software into the Services.

Reservation of Rights

Waitery reserves all rights in and to the Services not expressly granted to you under these Terms. You do not acquire any ownership interest in the Services under these Terms. Waitery, its licensors and service providers reserve and retain all of the rights, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you under the Terms or as owned by you prior to agreeing to these Terms. These Terms do not convey or grant to you any rights to use or reference any of Waitery’s trademarks, logos, product or service names, or those of Waitery’s licensors or service providers.

Account and Personal Information

In order for you to utilize the Services, you may either create an Account or utilize the Services as a “guest” user by providing us with certain personal information, which will be held and used in accordance with our Privacy Statement.

The following rules govern the security of your Account:

1. You will not share your Account credentials, let anyone else access your Account, or do anything else that might jeopardize the security of your Account;
2. You are required to provide accurate Account information, which may include your credit or payment card (“Credit Card”) information, and update that information promptly after it changes;
3. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of your login information, you must immediately notify us and modify your login information; and
4. You are responsible for maintaining the accuracy, completeness, and confidentiality of your Account information, and you will be responsible for all activities that occur under your Account, including activities of others to whom you have provided, or who have accessed, your Account credentials. We (as well as the Establishment, if you are a Patron) will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account information secure. If you discover any unauthorized use of your Account credentials or suspect that anyone may be able to access your Account, you should immediately change your password and notify us.

Acknowledgement of Service

You acknowledge that, while the Transaction is between you and the relevant Establishment, the Establishment 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 Establishment, but please contact us if you have any questions about the Services.

Application Service Charges and Convenience Fees

You acknowledge and agree that by using the Services, certain application service charges or convenience fees may be applied to your bill. These fees are associated with the use of the Waitery platform for facilitating your order or payment processing and will be displayed under the “Taxes and Fees” section of your bill before you complete your transaction. By proceeding with the transaction, you consent to the inclusion of these charges in your total bill. These fees are non-refundable unless otherwise stated and are separate from any gratuity or charges imposed by the Establishment.

Default Gratuity

You acknowledge and agree that we may pre-set a suggested gratuity (“Default Gratuity”) or a fixed gratuity (“Fixed Gratuity”) to be added to your bill. You can change the Default Gratuity at any time for any transaction, and you acknowledge and agree that the Default Gratuity will be applied to each Transaction unless you modify it. You further acknowledge and agree that we will only pre-set a Fixed Gratuity where required by an Establishment and that such Fixed Gratuity cannot be modified.

Pending Charges; Test Authorizations

We may place an authorization hold on your Credit Card in connection with each Transaction or attempted Transaction to confirm the card is valid as part of our verification process. The authorization hold may temporarily appear on your Credit Card, but such hold will expire in accordance with the timeframe set forth by the issuer of such card or the Payment Processor.

You acknowledge and agree that Waitery does not provide refunds via the Services. You hereby agree to seek any refunds of Transactions directly from the Establishments or your Credit Card issuer.

Third-Party Offerings

To enjoy certain third-party offerings made available in the Services, certain third-party terms (each, “Third-Party Terms”) may apply. Third-Party Terms will be presented for review and acceptance at the time that you undertake such activity within the Services, and any such Third-Party Terms shall constitute an agreement between you and such third party. We are not responsible for such third-party offerings. Further, the Services may display, include, or make available content, data, information, applications, or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. By using the Services, you acknowledge and agree that Waitery is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials or websites. Waitery does not warrant or endorse and will not have any liability or responsibility to you or any other person for any Third-Party Materials or websites, or any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.

Payment Processing

When a Patron Settles a Transaction, the Payment Processor will be responsible for processing the total authorized payment amount, processed pursuant to the applicable Payment Processor agreement.

Availability of Services

Waitery may change, suspend, or discontinue the Services at any time, including the availability of any feature, by giving you advanced notice of such change either via email or by posting directly on the Services.

Maintenance

Scheduled system maintenance may take place from time to time, and during such time, the Services or elements thereof may be unavailable. Emergency maintenance may be required at other times in the event of system failure. You specifically acknowledge that outage and downtime may occur. If the Services are down when you attempt to complete a Transaction, you must make alternative arrangements to pay the applicable Establishment.

Updates

Waitery may develop and provide Service updates from time to time, which may include upgrades, bug fixes, patches, and other corrections or new features (collectively, the “Updates”). Updates may also modify or delete in their entirety certain features or functionality. Waitery has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You further agree that all Updates will be deemed to form part of the Services and will therefore be subject to the terms of these Terms.

Communications

When you set up an Account and/or provide us with your contact information, you consent to receive communications from us regarding your Transactions. Your consent to receipt of such communications is not, and will not be, a condition to any purchase. If at any time you change your mind regarding your consent to receive such communications, you must contact us. You may opt out of receiving communications that are primarily commercial in nature at any time, but in order to stop receiving any and all communications from Waitery (including communications related to Transactions and your Account), you will need to close your Account. If you enable the Services to send or receive SMS messages, standard text messaging rates or other carrier charges may apply to such use.

Push Notifications

Waitery may send you “push notifications” if you opt-in and your device supports such communications. Should you wish to stop receiving push notifications, you may turn off these notifications through your Account or the applicable settings on your device.

Limitations on Availability

The Services are based in Canada and are provided for access and use by persons in Canada. We make no representation that the Services are available or permitted in any other location. Use of the Services is void where prohibited. You are fully responsible for your use of the Services, including compliance with any applicable laws and regulations. We may also impose limits on the use or access to the Services as required by law.

Term, Termination, and Modification

These Terms and the license and other rights granted herein commence when you start using the Services and continue until terminated by Waitery or you. Unless otherwise agreed by you and Waitery in writing:

(a) You may terminate these Terms by deleting all instances of the Services and all copies of it from your mobile device and/or ceasing to utilize the Services; and

(b) Waitery may terminate these Terms at any time without notice in its sole discretion, close your Account, and suspend, restrict, or withdraw any or all Services to you, including if it ceases to offer the Services, or if you fail to comply with any of the Terms.

Upon termination of these Terms:

(i) All license and other rights granted to you under these Terms will terminate, and

(ii) You must cease all use of the Service and destroy all copies, full or partial, of instances of the Service.

You acknowledge that Waitery may terminate these Terms (i) if you violate the Terms and/or any applicable law, rule, or regulation and (ii) at any time and without reason, without liability to you.

Disclaimers and Limitations of Liability

This section is important – please read it carefully – it limits Waitery’s liability (and the liability of its affiliates) to you. These disclaimers and limitations apply only to the extent permitted by applicable law. Some jurisdictions do not allow disclaimers of implied warranties or limitations of liability, so this section may not apply to you.

(a) Disclaimer of Warranties. EXCEPT AS EXPRESSLY STATED ABOVE, THE SERVICES ARE 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 “Waitery 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.

(b) Limitation of Liability. WAITERY 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 SERVICES, (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 PURSUANT TO ANY THIRD-PARTY TERMS AND CONDITIONS, OTHER THAN AS AGREED IN THESE TERMS; OR (VII) CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICES, 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 IN EXCESS OF CAD50.00.

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 set forth above, our liability will be limited to the greatest extent permitted by law.

Release and Indemnification

You agree to indemnify, save, and hold the Waitery Parties harmless from any claims, losses, damages, liabilities, including reasonable legal fees and expenses, arising out of your use or misuse of the Services, violation of these Terms, or breach of the representations, warranties, and covenants made by you herein. We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with us in defending these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Force Majeure

Without limiting the generality of the preceding limitations, we have no liability for any failure or delay resulting from any event beyond our reasonable control, including but not limited to power grid failure, Internet service disruption, labor strikes or lock-outs, governmental action, acts of terrorism or war, insurrection, coup, civil unrest, earthquake, hurricane, tsunami, fire, floods, public health emergencies, pandemics, acts of God, or any similar event beyond our control.

Disputes Between Users

You are solely responsible for your interactions and Transactions with other users of the Services. You hereby agree to look solely to such other users for any claim, damage, or liability associated with any Transaction commissioned via the Services and expressly discharge and release Waitery from any and all claims, damages, and liabilities arising out of any act or omission of any other user or third party.

Updates to the Terms

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 Services. Your continued use of the Services will signify your acceptance of the modifications to the Terms.

Assignment

Waitery may assign its rights and obligations under these Terms and/or these Terms, in whole or in part, to another entity.

Law and Jurisdiction

These Terms and any dispute arising out of or related to the Terms or the Services will be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. You agree that any claim or dispute you may have against Waitery must be resolved exclusively by a court located in Toronto, Ontario. You agree to submit to the personal jurisdiction of the courts located in Toronto, Ontario.

CONTACT US

Please contact us at contactus@waitery.ca if you have any questions regarding these Terms.

Terms of Service for Businesses

Last updated: August 20, 2024

Thank you for choosing to use our services.

These Terms of Service (“Terms”, “Terms of Service”) govern your relationship with Waitery internet sites, applications, and online services (the “Service”) operated by Waitery Inc. (“Waitery,” “us,” “we,” or “our”). Please read these Terms of Service carefully before using our Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

These Terms of Service are subject to change by Waitery at any time and at our discretion without notice. Your use of this website after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the Terms each time you use this website.

Privacy and Communications

You acknowledge and agree that Waitery may occasionally send you communications regarding your account or the Service via email or any communication media. It is your responsibility to keep your contact information up to date. Otherwise, it will be deemed that notifications made to the existing email address have been delivered. The communication purpose may be marketing, advertising, promoting, or legal notifications. See the Privacy Policy, which is incorporated into this Agreement by reference.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age or an emancipated minor and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service and to abide by and comply with these Terms of Service.

The Site is not available to minors. If you are a minor, please do not use the Site.

Acceptable Use and Conduct

Our Software and Service may be used only for personal or commercial use, which must be in compliance with all applicable laws, rules, and regulations and must not infringe or violate third-party rights. You represent, warrant, and agree that you will not use the Service for any purpose or in any manner that is not authorized by these Terms of Service. It is your responsibility to ensure that your use of the Service complies with these Terms of Service and to seek prior, express written permission from Waitery for any uses not permitted or not expressly specified in these Terms of Service.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase, and that (ii) the information you supply to us is true, correct, and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons, including but not limited to product or service availability, errors in the description or price of the product or service, errors in your order, or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors, and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or Waitery cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Waitery customer support.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Waitery with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method. By submitting such payment information, you automatically authorize Waitery to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Waitery will issue an electronic invoice indicating that you must proceed manually, within a certain deadline, with the full payment corresponding to the billing period as indicated on the invoice.

Collection and Remittance of Application or Service Fees

If your establishment collects application service fees or other related charges on behalf of Waitery, you acknowledge and agree that you are obligated to remit those fees to Waitery at the end of each billing cycle. Waitery will issue an invoice at the end of the billing cycle reflecting the amounts collected, and you agree to pay the invoiced amount within the timeframe specified. Failure to remit collected fees as required may result in suspension of your account or other remedial actions.

Payment Processor’s Terms of Use

Your use of the payment processing services provided through Waitery is subject to the terms and conditions of our designated payment processor. By using the payment processing services, you agree to comply with and be bound by the payment processor’s terms of use, privacy policies, and all other applicable terms and conditions. The payment processor’s terms of use are incorporated into these Terms of Service by reference. You acknowledge and agree that Waitery is not responsible or liable for the actions, omissions, or terms of the payment processor. It is your responsibility to familiarize yourself with the payment processor’s terms before using the payment services.

Payment Processor’s Monthly Charges and Processing Fees

The payment processor may impose monthly charges and processing fees for transactions processed through the Waitery platform. These fees, including transaction fees, service fees, and any other charges imposed by the payment processor, will be billed directly to your account. You acknowledge and agree that these fees are subject to the payment processor’s policies and may be updated from time to time. Waitery will not be responsible for covering any fees or charges imposed by the payment processor. It is your responsibility to review and understand the payment processor’s fee structure, which is provided by the payment processor and incorporated into these Terms of Service by reference.

If any changes to the payment processor’s fees occur, Waitery will notify you of such changes in accordance with the payment processor’s terms. By continuing to use the payment processing services after such changes, you agree to be bound by the updated fee structure.

Free Trial

Waitery may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by Waitery until the Free Trial has expired. On the last day of the Free Trial period, unless you canceled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Waitery reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

Waitery, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Waitery will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Chargeback / Refund Policy

Waitery will not, except when required by law, issue cash refunds for early contract cancellations. If you have a question about charges made to your account, please contact us. If the charges were made in error, we will credit your account or credit card for the appropriate amount.

Any customer who disputes a credit card payment that is found to be valid will be banned from using the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.

Content

Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service for marketing or promotional purposes. You retain any and all of your rights to any Content you submit, post, or display on or through the Service, and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

We may, but have no obligation to, remove accounts and content containing what we determine as unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable material. We will remove content that violates any party’s intellectual property or these Terms of Service. An account terminated by Waitery will not be backed-up for any reason and will be immediately deleted from our servers.

Accounts

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 the 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.

Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Waitery and its licensors. The Service is protected by copyright, trademark, and other laws. Except as expressly authorized by Waitery, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such content.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Waitery.

Our Logo

We display our logo within all applications and services in order to identify our brand. You may not modify or delete our logo or request us to do so.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Waitery. Waitery has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Waitery shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease, and you will lose all data related to your account. If you wish to terminate your account, you may simply discontinue using the Service.

Limitation of Liability

In no event shall Waitery, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Waitery has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Waitery’s liability in such jurisdictions shall be limited to the extent permitted by law.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Waitery, its subsidiaries, affiliates, and its licensors do not warrant that: (i) the Service will function uninterrupted, secure, or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Canada, without regard to its conflict of law provisions. You hereby consent to binding arbitration to resolve any disputes arising under these Terms of Service.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

For questions about this Agreement or the Privacy Policy, please contact Waitery at contactus@waitery.ca.