This page (together with the documents referred to in it) tells you information about us and the legal terms and conditions ("Terms") on which we supply any services ("Services"), whether or not listed on our website ("our site") to you.
Please read these Terms carefully and make sure that you understand them prior to using any of our Services. Please note that by using any of our Services, you agree to be bound by these Terms and the other documents expressly referred to in it.
If you refuse to accept these Terms, you will not be able to use any of our Services. We encourage you to print a copy of these Terms for future reference. Please note that we amend these Terms from time to time. Every time you wish to use our Services, please check these Terms to ensure you understand the terms which will apply at that time.
1. Information About Us
1.1 We are WaiterX Ltd, a company registered in England and Wales under company number 10691166 and with our registered office at Innovation Campus Birmingham, Faraday Wharf, Holt Street, Birmingham, B7 4BB.
1.2To contact us, please see our Contact Us page.
1.3Our purpose is to connect you with our Clients and partners across the food service, hospitality and catering, tourism and retail sectors (“Clients"), by enabling you to view, access and engage with their value proposition, products and services and to enable you to connect with our Clients’ brands.
1.4Sometimes, our Clients allow you to order Items, with or without delivery, from time to time. Where you place an order with one of our Clients, WaiterX acts as an agent on behalf of that Client to conclude your order and to manage your experience prior to and throughout the order process.
2. Use of Our Site
3. How We Use Your Personal Information
4. Our Agreement With You
These Terms and any document expressly referred to in them constitute the entire agreement between you and us (the “Contract”). You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
5. Our Right to Vary These Terms
We may update or revise these Terms from time to time, including but not limited to the following circumstances: 5.1 changes in how we accept payment from you;
5.2 changes in how we make payments to you; 5.3 changes to the Services we offer; and 5.4changes in relevant laws and regulatory requirements. 5.5 Every time you use our Services, the Terms in force at that time will apply.
6. Providing Services
6.2If you are a Client, we will supply the Services to you subject to the terms of the Services Contract we have with you.
6.3We may have to suspend the Services if we have to deal with technical problems or events outside our control. Where we are aware of any technical or other issue resulting in the Services being inaccessible, unusable or temporarily withdrawn, we shall endeavour to announce this via the relevant section on our website(s).
6.4 Digital Menu Translation
6.4.1 The Digital Menu Translation (“DMT”) is created in partnership with our Clients. We rely on the information they provide to us in order to make this service available to you. Our Clients may instruct us to update their DMT from time to time, including menu images. As our Clients may update, remove or otherwise change their menus and related offerings from time to time and without providing us with notice or instruction to do the same, we make no guarantees as to the accuracy of the information provided via the Services to you, whether or not we have received instruction from our Clients. If you would like to seek clarification or further information about a particular menu, item, ingredient or allergen, please contact the relevant Client (restaurant, hotel, bar, etc.).
6.4.2We understand the importance of providing accurate allergen information for each menu item listed via our Services. While we encourage our Clients to provide comprehensive allergen information per menu item for inclusion on the Services, you acknowledge that it remains the responsibility of the restaurant (or other DMT operating context) to provide this information to you, when asked by you. WaiterX makes no guarantees as to the accuracy of the allergen information provided via the Services to you, whether or not we have received instruction from our Clients.
6.4.3You shall indemnify WaiterX, its employees, agents and associates against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred as a result of incorrect or omitted information related to allergens provided via the Services. If you would like to seek clarification or further information about a particular menu item, kitchen preparation environment or specific allergens, you agree to contact the relevant restaurant, hotel, bar, or other staff within a DMT operating context directly.
6.5 WaiterX Booking
6.5.2You accept and agree that the WaiterX Booking Functionality is intended to be an interface between you and the receiver of your booking request only. WaiterX makes no guarantees as to the accuracy of Client details, booking slot availability, or other information or criteria of which the Client retains ultimate responsibility and control. Any booking request is made, negotiated with and agreed between you and the Client. If in doubt, you are encouraged to contact the Client with whom you seek to make your booking.
6.5.3You shall indemnify WaiterX, its employees, agents and associates against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred as a result of incorrect or omitted information related to booking requests and related information provided via the Services.
6.6 WaiterX Ordering
6.6.2Any order you place for items listed by our Clients via the WaiterX services needs to be accepted by us or the Client before it can be confirmed. We will send you a notification if your order has been rejected. You are responsible for paying for all Items ordered using the Services, and for related delivery charges, and for complying with these Terms, even if you have ordered the Item for someone else. Some Clients will operate a minimum order value policy, and if this is the case, it will be displayed via the Services. All Items are subject to availability. Our Clients may use nuts or other allergens in the preparation of certain Items, so you are strongly advised to contact our Client (restaurant, bar, hotel, etc.) prior to ordering if you have an allergy. WaiterX cannot guarantee that any of the Items sold by our Clients are free of allergens.
6.6.3You shall indemnify WaiterX, its employees, agents and associates against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred as a result of incorrect or omitted information related to ordering requests and related information provided via the Services.
6.7 WeChat Pay
6.7.1 Your use of WeChat Pay as provided via the Services is subject to separate terms and conditions which you agree to with WeChat/Tencent. You must abide by those terms and conditions, as amended from time to time.
6.7.2The total price of your order will be set out on the WaiterX checkout page, including the prices of Items and Delivery and applicable Service Fees and taxes.
6.7.3We are authorised by our Clients to accept payment on their behalf and payment of the price of any Items or delivery charges to us will fulfil your obligation to pay the price to our Client (restaurant, bar, hotel, etc.). Payment for all Items and deliveries can be made via WeChat pay made available by WaiterX. Once your order has been confirmed your WeChat Pay account will be debited for the total amount. Payment is made directly to WaiterX acting as agent on behalf of the Client only. Payment may also be made by using vouchers or account credit, where applicable, and may be subject to different terms.
6.7.4Our Clients sometimes make available discounts, promotions or other special offers, which may be also accessible and redeemable via our Services. These are visible when you look at a Client menu. These offers are at the discretion of our Clients. Unless the offer terms state a fixed or minimum period for which an offer will be available, it can be withdrawn at any time, unless you have already placed an order based on the offer. If in doubt you are referred to the Client (restaurant, bar, hotel, etc.) to seek clarification of any offers.
6.7.5You shall indemnify WaiterX, its employees, agents and associates against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred as a result of incorrect or omitted information related to WeChat Pay transactions and related information provided via the Services.
7. Intellectual Property Rights
7.1 For the purpose of these Terms, "Intellectual Property Rights" shall mean all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, whether registered or unregistered and including all applications for and renewals or extensions of such rights.
7.2WaiterX retains all Intellectual Property Rights in the software, code, designs, visual appearance, operational workflow and all other related materials that we provide to you via the Services.
7.3All Intellectual Property Rights in any works arising in connection with the performance of the Services by us (the "Works") shall be our property, and we hereby grant to you a non-exclusive, revocable license to such Intellectual Property Rights for the sole purpose of receiving the benefit of the Services.
8. Price of Services
8.1 WaiterX is generally a free service for the User. However, if there are any chargeable services (for example, transaction fees or in-service purchases) these will be clearly detailed in the WaiterX service, on our website (including in these Terms), or both, and shall be subject to these Terms and any incorporated documents.
8.2Prices for our Services, if any, may change from time to time.
8.3 The price of the Services, if any, as may be from time to time, includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
8.4WaiterX and our site offers a number of Services. It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. If we discover an error in the price of any Services which are chargeable and which you have ordered, we will inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your order.
8.5We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Services to you at the incorrect (lower) price.
9. Problems with the Services
In the unlikely event that there is any defect with the Services:
9.1please contact us through the relevant links within the Services, via our website(s) or via email and tell us as soon as reasonably possible. Please include details of the defect, when and where the defect was found, and what service it relates to;
9.2please give us a reasonable opportunity to repair or fix any defect; and
9.3we will use every effort to repair or fix the defect as soon as reasonably practicable and, in any event, within 1 working day.