The agreement between you and Ducemus Technologies Private Limited (“Waitr”) for use of the Waitr platform.
These Terms of Service (“Terms”) constitute a legally binding agreement between Ducemus Technologies Private Limited (“WAITR”, “Company”, “we”, “us”, or “our”) and any individual, restaurant, merchant, business entity, customer, visitor, partner, or user (“User”, “Merchant”, “Customer”, “you”, or “your”) accessing or using the WAITR Platform. By accessing, registering for, integrating with, subscribing to, or using any WAITR service, you acknowledge that you have read, understood, and agreed to these Terms.
WAITR is a restaurant technology and customer engagement platform that provides software, tools, integrations, loyalty systems, rewards systems, offer engines, customer engagement solutions, ordering solutions, payment facilitation, analytics, communications, and related services.
WAITR may provide services through websites, mobile applications, merchant dashboards, customer applications, APIs, integrations, WhatsApp, SMS, email, and other communication channels. WAITR reserves the right to modify, expand, discontinue, or replace any service at any time.
To use WAITR you must:
Merchants represent and warrant that they possess all required business registrations, licenses, permits, tax registrations, and regulatory approvals necessary to conduct business.
WAITR may require merchants to complete onboarding procedures, provide KYC documentation, provide settlement information, verify business ownership, and maintain updated account information. WAITR reserves the right to reject, suspend, limit, or terminate merchant accounts at its sole discretion.
Customers may create WAITR accounts to place orders, earn rewards, participate in loyalty programs, redeem offers, submit reviews, and receive personalized recommendations. Users are responsible for safeguarding their credentials. WAITR shall not be responsible for unauthorized access resulting from user negligence.
WAITR may operate loyalty and rewards programs across participating merchants. Users may earn loyalty points, cashback, credits, badges, membership benefits, and promotional rewards.
WAITR reserves the right to modify reward calculations, expire points, suspend accounts, investigate abuse, and revoke fraudulently obtained rewards. Points and rewards do not constitute currency, stored value, or legal tender.
WAITR may distribute offers, discounts, promotional campaigns, vouchers, referral incentives, cashback campaigns, and other incentives. Availability of offers may depend upon merchant participation, geography, eligibility, inventory, promotional budgets, and regulatory restrictions. WAITR does not guarantee availability of any specific offer.
Users may submit reviews, ratings, photographs, comments, suggestions, and feedback. By submitting content, users grant WAITR a perpetual, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, publish, display, distribute, analyze, modify, and promote such content.
WAITR reserves the right to remove content that is defamatory, abusive, violates law, contains misinformation, or violates intellectual property rights.
WAITR may integrate with third-party payment service providers. WAITR is not a bank, payment system operator, or financial institution. Payment processing, settlements, chargebacks, reversals, and disputes may be governed by the terms of the applicable payment provider. WAITR shall not be liable for payment gateway outages, banking failures, settlement delays, chargebacks, or payment network interruptions.
Merchants retain ownership of their operational data. Customers retain ownership of personal information they provide. WAITR may process, analyze, store, and utilize information necessary for service delivery, loyalty programs, customer engagement, offer personalization, analytics, fraud prevention, and product improvement. WAITR may create anonymized and aggregated datasets for business intelligence and product development purposes.
All rights, title, and interest in WAITR — including software, designs, branding, trademarks, APIs, databases, content, and documentation — remain the exclusive property of Ducemus Technologies Private Limited. No rights are granted except those expressly stated.
Users shall not reverse engineer, copy, replicate, resell, modify, or create derivative works without prior written consent.
WAITR may offer free services, paid subscriptions, enterprise plans, transaction-based pricing, loyalty programs, promotional campaigns, API access plans, and other commercial arrangements. By subscribing to a paid service, the Merchant authorizes WAITR and its authorized payment partners to collect applicable fees.
WAITR reserves the right to modify pricing; introduce new plans; remove plans; and introduce transaction, loyalty, marketing, or platform fees. Merchants remain responsible for all taxes, duties, levies, and governmental charges applicable to their use of the Platform.
Failure to pay fees may result in service suspension, restricted access, account termination, removal of loyalty benefits, and removal of integrations.
Unless expressly stated otherwise, subscription fees, platform fees, setup fees, and integration fees are non-refundable. Refunds, if approved, shall be processed in accordance with WAITR policies and applicable laws. WAITR reserves the right to determine refund eligibility on a case-by-case basis.
Merchants agree to maintain accurate information, honor customer commitments, maintain lawful business operations, and comply with tax, food safety, consumer protection, and payment regulations.
Merchants shall be solely responsible for menu accuracy, pricing accuracy, product descriptions, food quality, inventory availability, delivery commitments, and regulatory compliance. WAITR shall not be responsible for merchant conduct.
Users shall not violate applicable laws, submit fraudulent information, circumvent Platform controls, abuse loyalty programs, manipulate reviews, engage in deceptive practices, attempt unauthorized access, reverse engineer Platform systems, introduce malware, or interfere with Platform operations. WAITR reserves the right to investigate and take action against violations.
WAITR may provide APIs, SDKs, webhooks, integrations, and developer tools. Users accessing such services agree to follow technical documentation, maintain security standards, protect credentials, avoid excessive requests, and avoid misuse of APIs.
WAITR may throttle usage, suspend API access, modify APIs, deprecate APIs, and revoke access. WAITR shall not be liable for disruptions resulting from API changes.
Users may obtain access to confidential information relating to WAITR, including software architecture, source code, technical specifications, pricing information, product roadmaps, commercial terms, and security measures. Users agree not to disclose confidential information without prior written authorization. This obligation survives termination of these Terms.
WAITR strives to maintain reliable services but does not guarantee uninterrupted availability. The Platform may be affected by maintenance, software updates, infrastructure failures, third-party outages, cybersecurity incidents, and force majeure events. WAITR reserves the right to modify, suspend, discontinue, or restrict services without prior notice.
WAITR may integrate with payment gateways, POS providers, SMS providers, WhatsApp Business providers, email providers, analytics providers, delivery partners, and cloud infrastructure providers. WAITR does not control such third-party services. Users acknowledge that third-party services may be governed by separate agreements and policies. WAITR shall not be responsible for the actions, omissions, outages, or failures of third-party providers.
The Platform is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, WAITR disclaims all warranties, including merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, availability, and performance.
WAITR does not guarantee business results, customer acquisition, customer retention, revenue growth, loyalty program success, or marketing performance.
To the maximum extent permitted by law, WAITR shall not be liable for loss of profits, revenue, business, goodwill, or data, nor for indirect, incidental, consequential, or punitive damages.
In no event shall WAITR's aggregate liability exceed the total fees paid to WAITR during the twelve (12) months immediately preceding the event giving rise to the claim.
Users agree to defend, indemnify, and hold harmless WAITR, its affiliates, directors, officers, employees, agents, and partners from and against claims, damages, penalties, costs, expenses, and legal fees arising from violation of these Terms, violation of laws, User Content, merchant operations, customer disputes, and fraudulent activity.
WAITR may suspend, restrict, or terminate access if Terms are violated, fraud is suspected, fees remain unpaid, security risks are identified, or legal obligations require action. Termination may occur with or without notice where permitted by law.
Upon termination, access may cease immediately, loyalty benefits may be forfeited, APIs may be disabled, and integrations may be terminated.
WAITR may retain information after account termination for legal compliance, fraud prevention, tax obligations, audit requirements, and dispute resolution. Data may subsequently be deleted, anonymized, or archived.
WAITR shall not be liable for delays or failures resulting from events beyond its reasonable control, including natural disasters, floods, fires, pandemics, government actions, power failures, internet outages, cyberattacks, telecommunications failures, and labor disputes.
WAITR operates a network-based ecosystem connecting participating merchants and customers through loyalty, rewards, offers, engagement programs, digital ordering, reviews, recommendations, and related services. Users acknowledge that participation may result in cross-merchant loyalty programs, platform-wide promotions, personalized recommendations, reward redemption opportunities, engagement campaigns, and network-wide benefits.
WAITR reserves the right to introduce, modify, suspend, or discontinue any network feature at its sole discretion. Participation does not guarantee any specific benefit, reward, offer, discount, customer acquisition outcome, or business result.
To maintain the integrity of the WAITR ecosystem, users shall not create multiple accounts to gain unfair advantages, manipulate reward systems, artificially generate transactions, abuse referral programs, engage in fraudulent redemptions, exploit technical vulnerabilities, misrepresent transactions, or participate in collusive behavior.
WAITR reserves the right to freeze points, reverse transactions, revoke rewards, suspend accounts, terminate accounts, and recover improperly obtained benefits. All determinations made by WAITR regarding loyalty abuse shall be final unless otherwise required by applicable law.
Users acknowledge that reviews, ratings, feedback, rankings, recommendations, photographs, and related content submitted through the Platform contribute to the integrity of the WAITR ecosystem. WAITR may display reviews publicly, analyze reviews, aggregate reviews, generate restaurant ratings, generate customer engagement insights, publish rankings, and use reviews in marketing materials.
WAITR reserves the right to remove or moderate reviews that are fraudulent, violate laws, contain offensive material, constitute harassment, violate intellectual property rights, or manipulate reputation systems. Reviews submitted to WAITR may remain visible after termination of an account where permitted by law.
Merchants utilizing enterprise plans may be subject to additional agreements, service level commitments, onboarding requirements, security requirements, implementation timelines, and commercial arrangements. Where an executed Enterprise Agreement exists, such agreement shall prevail in the event of any conflict with these Terms.
Enterprise merchants remain responsible for employee access management, internal security practices, data accuracy, regulatory compliance, and user permissions. WAITR shall not be liable for actions performed by authorized users acting on behalf of enterprise merchants.
WAITR may introduce additional services including restaurant discovery, marketplace functionality, reservation systems, delivery integrations, subscription programs, premium memberships, advertising services, sponsored listings, AI-powered recommendations, merchant financing integrations, and analytics products. Additional terms may apply to such services. Continued use of such services shall constitute acceptance of the corresponding terms.
WAITR may display advertisements, sponsored listings, promotional placements, featured merchant content, and partner campaigns. WAITR does not guarantee the performance, quality, legality, or suitability of third-party advertisements. Users engaging with advertisers do so at their own risk. Any disputes arising between users and advertisers shall be resolved directly between those parties.
Users may not assign, transfer, sublicense, delegate, or otherwise transfer rights or obligations under these Terms without prior written consent from WAITR. WAITR may assign or transfer its rights and obligations under these Terms to affiliates, or during mergers, acquisitions, restructuring, asset sales, and financing transactions. Such assignment shall not require user consent where permitted by law.
If any provision of these Terms is determined to be invalid, unlawful, unenforceable, or void by a court of competent jurisdiction, the affected provision shall be modified to the minimum extent necessary and the remaining provisions shall remain valid and enforceable. The invalidity of any provision shall not affect the validity of the remainder of these Terms.
Failure by WAITR to enforce any provision of these Terms shall not constitute a waiver of such provision, any subsequent breach, or any other provision. Any waiver must be expressly made in writing by an authorized representative of WAITR.
These Terms, together with the Privacy Policy, Merchant Agreement, Loyalty Program Terms, Refund and Cancellation Policy, and any executed commercial agreements, constitute the entire agreement between the parties concerning use of the Platform. These documents supersede all prior discussions, understandings, negotiations, proposals, and agreements relating to the subject matter herein.
The parties agree to attempt to resolve disputes through good-faith negotiations before initiating formal proceedings. A party seeking resolution shall first provide written notice describing the nature of the dispute, relevant facts, and proposed resolution. The parties shall make reasonable efforts to resolve the dispute within thirty (30) days.
Any dispute, controversy, or claim arising out of or relating to these Terms, the Platform, or any WAITR service that cannot be resolved amicably shall be referred to arbitration. The arbitration shall be conducted in English; be governed by the Arbitration and Conciliation Act, 1996; be conducted by a sole arbitrator appointed by WAITR unless otherwise required by law; and take place in Puducherry, India. The arbitrator's decision shall be final and binding upon the parties.
These Terms shall be governed by and construed in accordance with the laws of India. Subject to the arbitration provisions above, courts located in Puducherry, India shall have exclusive jurisdiction over matters arising from these Terms. WAITR reserves the right to seek injunctive or equitable relief in any competent jurisdiction where necessary to protect its rights, intellectual property, confidential information, systems, or business interests.
For support, legal notices, compliance matters, or general inquiries:
Users may contact the Grievance Officer regarding complaints, concerns, disputes, privacy matters, account issues, platform conduct, or regulatory inquiries.