Terms and conditions for the purchase and usage of the services provided by Pandora Design Website Designing LLC its affiliates and/or agents.
In these terms and Conditions:
“Pandora Design Website Designing LLC” shall be referred to as Waiteroo.
“Waiteroo Terms and Conditions” shall be referred herein as “the Terms/conditions as the case may be”
“Customer” means Waiteroo’s customer who purchases or acquires applications or licenses.
1- Waiteroo Terms and Conditions :
- These Terms and Conditions apply to customers who purchase and use Waiteroo’s hardware(s), software(s), and/or service(s), which are paid in advance as detailed in article 3 and as part of Waiteroo’s SaaS (software as a service) models.
- All compatible hardware items with the Waiteroo system must be linked to the Waiteroo Cloud-based point-of-sale (POS), and operating systems, as well as all associated Services and add-ons, including third-party services (collectively, “the Services”) – provided by Waiteroo or its affiliate companies and agents.
- Before using the service(s) and Hardware(s), the customer should read these Terms and Conditions attentively. Waiteroo maintains the right, in its sole discretion, to amend, alter, add, or delete sections of these Terms at any time by formally notifying the changes within seven (7) days and clearly displaying them on its website. It is the customer’s responsibility to review these Terms on a regular basis.
By using Waiteroo’s services, the customer is deemed to have agreed to be legally bound by these Terms, and Waiteroo reserves all rights not expressly given to him/her/it in these Terms.
2- Waiteroo’s rights to modify its services:
Waiteroo may add, change, or delete features of the services or the hardware at any time, as well as make technological modifications and enhancements to improve or sustain the product. These changes may have an impact on the customer’s ability to use the services and/or hardware at any time. Any information contained in these Terms should not be construed as a promise that all services and/or hardware will always be available or functional in their present form, or that Waiteroo will continue to support, maintain, or sell the services or hardware.
3- Payment and Process
3.1.1 Following the signature on the Sale Order Form and receipt of the Waiteroo invoice, the customer must manually or digitally sign the Sales Order Form to approve the specific amounts. Waiteroo may also require corporate documentation from the customer, including but not limited to the commercial registration/Trade License, if it deems it necessary.
When an online payment is successfully made, the customer will instantly get an electronic payment receipt as evidence of payment.
3.2- The customer’s order will not be processed unless the customer pays the agreed-upon amounts, as Waiteroo is not required to make any services or hardware available prior to this.
The services shall be activated within a non-renewable term of 30 (thirty) days of the agreed-upon date of payment of the amounts due.
Waiteroo will not be obligated to reimburse any funds paid. When you make a complete online or direct payment, your account will be activated in 30 (thirty) days.
In the case of online sales, activation will occur in 30 (thirty) days following the successful completion of the payment via the authorized online platform.
Waiteroo shall be obligated to provide such other services as of the date of full payment due.
In the case of online payments, the customer is required to make the payment on time as they become due in order to keep his account active.
By accepting these Terms and Conditions, the customer grants Waiteroo the right to debit amounts due on time from his/her/its bank account depending on the payment information given.
In the event of an unsuccessful transaction, the customer will be alerted through email and/or any other means of communication and given a 5 (five) day notice to facilitate and complete his payment, failing which his console functions would be terminated immediately.
If the customer does not pay the due amount within 10 (ten) days of the payment due date, all business cashier apps will be terminated.
After fully paying any pending debts, the customer is able to reclaim all of his/her/its technical and operational abilities and access.
3.3 In the case of online sales, the customer will have the option to upgrade or downgrade their subscription plan as follows:
– If the customer decides to upgrade his/her/its yearly subscription plan to a higher yearly subscription plan, he/she/it will be asked to pay the difference in charges between these two plans. The customer will be charged the full cost for the new plan. The new plan will go into effect as soon as the payment receipt is prepared and sent to the customer.
– The customer will be allowed to downgrade his plan at any moment for any yearly membership options. The decrease, however, will not take effect until the conclusion of the current payment cycle.
3.4 If the customer does not request installation service and/or collect the hardware within one month of the payment date, the company reserves the right to refuse installation service/hardware.
4- System for Data Registration and Account Security:
When a customer wishes to register for any services or to purchase hardware, he/she/it agrees to the following:
1. Provide and maintain accurate, up-to-date, and complete information as specified in any registration forms on the hardware registration data services.
2. Keep track of his/her/its login details, including username and password.
3. Maintain and update the registration data as well as any other information he/she/it submits to Waiteroo, ensuring that it is always accurate, up to date, and full.
4. Accept any risks of unauthorized access to the registration data submitted to Waiteroo, as the customer is liable for any activity associated with the customer’s account, as well as any changes to the said account.
5- Customer Responsibilities:
5.1 The customer must appoint at least one staff member who is sufficiently skilled with electronic equipment and IT subjects. This individual (referred to as the “IT Administrator” in this contract) will be in responsible of coordinating with Waiteroo to handle the implementation of the services and hardware.
The IT Administrator is authorized to accept supplies connected to the implementation of services and hardware and to sign the delivery note for each work or piece of hardware completed or installed (collectively, the Delivery Note). Waiteroo will treat the signed delivery note as an official document during the service installation phase and/or the hardware serving period.
5.2 The warranty for wireless installation and setup will expire after the written or digital signature on the hardware installation delivery form indicating that the network has been successfully connected and installed with all of the terminals and other devices previously mentioned and that the hardware items are functioning properly. As a result, every request for technical support will be priced in accordance with the Waiteroo price list, with on-site help booked 7 days in advance.
5.3 The customer is responsible for providing all essential requirements for the implementation of the services and hardware installation, including but not limited to civil, electrical, mechanical, and all other essential internet connectivity. Waiteroo will not do any installation or training session unless the customer assures that the necessary tools and facilities are available and ready on-site.
5.4 The customer is responsible for all activities that occur as a result of the services through his/her/its account. The Customer is also responsible for the security of his/her/its account and password. Waiteroo accepts no responsibility for any loss or damage caused by the customer’s failure to keep his/her/its account and password secure.
5.5 The Customer is responsible for any theft or damage to hardware equipment that occurs after it has been successfully collected or delivered to the customer’s location.
6- Contract Termination by the customer:
6.1 If the customer intends to terminate his/her/its contract with Waiteroo or does not intend to renew his subscription, the latter should notify Waiteroo by sending an email to [email protected] at least 30 days prior to the renewal date. When a customer submits a cancellation request, he/she/it will receive a standard email urging him/her/it to give the necessary business and personal information to fulfill such demand.
In the case of online sales, the subscription cancellation must be done immediately online.
6.2 In both online and offline sales, if a customer cancels his/her/its account, subscription, or contract, the cancellation takes effect instantly. The Customer is not entitled to a refund of any advance payments made. However, if the customer has an agreement for the purchase of any hardware item in installments, he/she/it will be obliged to pay the remaining installments all at once.
6.3 If the customer’s account is canceled, the following will occur:
(a) His/her/their account shall be deactivated or deleted.
(b) all rights granted to the customer under these Terms will be immediately canceled;
(c) In the event of a Waiteroo-initiated cancellation, all of the customer’s data and content will be saved for a maximum of 1 (one) month before being erased from Waiteroo systems. Following this month, Waiteroo will not guarantee the retrieval of the customer’s data and will not be liable for any loss or damage caused by the termination of the mentioned account.
In the event of a cancellation initiated by the customer, all of his/her/its data will be immediately deleted from the Waiteroo system, unless Waiteroo initiates additional actions such as, but not limited to, “churn process” in order to retain the customer for a period not exceeding a month, after which the customer data will be deleted from the Waiteroo system once and for all.
It is the duty of the client to ensure that his/her/its content or data is saved and backed up before the cancellation takes effect.
7- Policy on Refunds:
7.1 Waiteroo offers a 15-day money-back guarantee and return policy. The consumer has the right to terminate his/her/its subscription within 15 days of the activation/delivery note date, after which no refund will be granted.
7.2 The consumer must file an official refund request via email to [email protected], including contact and bank information as well as the reason for the refund request.
7.3 Refund requests will only be accepted for software licenses. There will be no refunds for hardware or professional services (which include but not limited to training sessions, hardware installations and support).
However, if the customer decides to cancel the subscription/activation prior to the delivery of the hardware items, Waiteroo may consider refunding the full payment, including the hardware fee, only under exceptional cases and at Waiteroo’s sole discretion.
8- Responsibilities of Waiteroo:
8.1 As long as the customer’s subscription to the services is active, Waiteroo will provide him/her/it with access to the existing and available reports and functionalities, allowing him/her/it to execute his/her/its operations appropriately, in accordance with the subscription package paid.
8.2 The customer is aware that some reports may be changed or developed internally by Waiteroo. Waiteroo will not be held liable or responsible for any claims arising from payments made using Visa Payment Applications (PABP) or Applications for Data Security Standard (PA-DSS.)
9- Installation and training:
9.1 The trained technicians team will schedule and coordinate with the customer based on the customer’s queue priority and the customer’s pre-installation site preparation.
9.2 Waiteroo will provide online training materials for the customer team on how to use the services and hardware items.
9.3 If the customer wants extra training after signing the delivery note form (whether at the customer’s premises or at the Waiteroo office), an additional fee will be paid in accordance with Waiteroo’s price list.
10- Waiteroo’s Right to Terminate Services:
10.1 If a customer violates the Terms, Waiteroo may cancel or terminate the customer account.
10.2 Waiteroo may also terminate services at any time by sending a written notice to the customer if any of the following conditions are met:
- The customer fails to make timely payments in exchange for Waiteroo’s services.
(b) The customer fails to supply Waiteroo with the required information for the service’s execution.
(c) The condition of the customer’s premises prevents Waiteroo from making the installation required to provide the services, or
(d) the customer refuses to allow Waiteroo to deliver its services for whatever reason.
10.3 If Waiteroo terminates the contract in the situations described in clauses 10.1 and 10.2, Waiteroo will refund any money paid in advance by the Customer for services not yet provided by Waiteroo, but Waiteroo may deduct or charge the customer for the costs incurred by Waiteroo as a result of the breach of these Terms.
10.4 Waiteroo may notify the customer that it will discontinue the services in a period that may extend to 30 (thirty) days prior to Waiteroo ending the service supply and will refund any money paid in advance by the Customer for services not yet given.
11 – User-Generated Content:
11.1 The material available through the services or hardware, including all information: content, data, trademarks, marks, interfaces, designs, images, photographs, sound files, other files, and their selection and arrangements, is referred to as Waiteroo content in these Terms.
While end-user or partner material is referred to as user content. For example, all data pertaining to a partner’s client, its payments, menus, operations, or data provided to Waiteroo’s benefit shall be referred to as end user material. Waiteroo’s rights in the aforementioned user content shall be restricted to the licenses provided in the Terms and as necessary to provide support to end-users or to protect the security of the Services and Hardware technology.
11.2 Customer data and User Content are the responsibility of the customer. Waiteroo accepts no responsibility or liability for the material, or for any loss or damage resulting from the customer’s or third parties’ use of the content. Except as stipulated in the Terms, Waiteroo makes no claim to ownership or rights in the customer’s user content. However, Waiteroo shall be entitled to utilize the user material as necessary to deliver the services and equip the hardware, thus the customer shall: (a) grant a non-exclusive royalty-free right for Waiteroo, its affiliates and its subsidiaries to use, display, replicate, distribute, publish, modify, adapt, translate, and generate derivative works from such content of users in the manner and for the purposes for which such user content may be used by the Services from time to time; (b) represent and warrant that: I he/she/it owns and controls all rights to the User Content that he/she/it posts or distributes via the Service or Hardware; and (ii) he/she/it owns and controls all rights to the User Content that he/she/it posts or distributes via the Service or Hardware, and (ii) the use, publishing, or other communication of the aforementioned User Content does not breach the Terms and will not infringe on the rights of or cause injury to any person or entity. If the user content of the customer is subordinated to users of other users, the customer must grant the non-exclusive rights, free royalty, transferable rights of Waiteroo, its affiliates and its partners, to such users, in accordance with the applicable privacy law and regulations, for any use related to the service, hardware or other use of such user content.
11.3 Customer grants Waiteroo a non-exclusive, royalty-free, irrevocable, perpetual license to use (including for commercial purposes) the information and/or data collected by Waiteroo through his/her/its use of the Services and Hardware, provided that Waiteroo may aggregate or anonymize that information or data prior to use. Aside from that, Waiteroo makes no claim to intellectual property rights in regard to the information or content that the Customer enters into the Services.
11.4 If the Customer enables third parties to access his/her/its User Content via the Services, the Customer agrees that Waiteroo is permitted to provide them with User Content and has no obligation or duty for the use of such User Content. Any access is regulated by the appropriate end-user or API agreements or Terms applicable to such third parties, and may be subject to fees paid by such third parties.
11.5 The Customer may provide Waiteroo with comments, feedback, or recommendations on the Services or Hardware, and the Customer agrees that Waiteroo may utilize, change, and incorporate such ideas without obligation to the Customer.
12 – Waiteroo Intellectual Property Rights:
12.1 Except for User Content, all contents and software available on the Services and Hardware, or used to create and operate the Services, all intellectual property rights, including patents, rights of invention, copyright and related rights, trademarks and Service marks, business names and domain names, rights in get-up, goodwill, and the right to use the Services, are reserved (including the know-how and trade secrets) and all other intellectual property rights, whether registered or unregistered, including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights, as well as all similar or equivalent rights or forms of protection that exist or will exist now or in the future in any part of the world, are the property of Waiteroo or its licensors.
Waiteroo owns any original work done for the Customer by its owners, subcontractors, or employees. The Customer agrees not to dispute or carry out any discrepancy with such ownership. Waiteroo grants the Customer a limited, irrevocable, non-exclusive, non-sub licensable, non-transferable license to access the Services, view, copy, and print portions of Waiteroo content made available to Customer via the Services for the sole purpose of using the Services as contemplated by these Terms. Except with Waiteroo’s prior written authorization, the Customer may not publish or use branding or logos.
13 – Waiteroo Service Restrictions:
The Customer shall not: (a) use the Services or the Hardware in any unlawful or fraudulent manner, or in any manner inconsistent with these Terms and Conditions; (b) infringe Waiteroo’s intellectual property rights or those of any third parties in relation to the Customer Services usage; or (c) transmit any defamatory, offensive, or otherwise objectionable material in connection with Customer Services usage, (d) use the Services in a way that could damage, disable, overburden, impair, or compromise Waiteroo system or security, or interfere with other users, (e) collect or gather any information or data from the Services or Waiteroo systems, or attempt to decipher any transmissions, or (g) employ bots or other automated means to obtain or register user logins.
15 – Warranty:
15.1 The Waiteroo Hardware Warranty shall be as follows as of the date of delivery:
1 – Hardware made by Waiteroo, including but not limited to holders and cash drawers, shall be covered by Waiteroo warranty for a period of 1 (one) week from the date of receipt, as specified in the Waiteroo warranty bulletin for such goods.
2- Non-Waiteroo hardware products made by third parties, such as but not limited to J1900, Cash drawer, thermal printers, iPads, CCTV’s etc., will be covered by the Manufacturer’s or Authorized Reseller’s guarantee.
15.2 All non-Waiteroo-owned hardware and software are covered by the appropriate manufacturer’s warranty as stipulated by their Terms & Conditions.
16 – Warranty Disclaimer:
16.1 Services are given “as is” and “as available,” and the Customer’s use of the Services is entirely at his/her/its own risk. Waiteroo may engage third-party vendors for hardware, software, connectivity, and any other business requirements in order to provide the Services to the client. Waiteroo has no control over the acts and omissions of third-party providers, and the Customer cannot hold Waiteroo accountable for any loss or harm resulting from any act or omission of any third-party provider. Waiteroo expressly disclaims any and all additional warranties that may be inferred or otherwise apply by laws or other relevant legislation, to the fullest extent permitted by law.
16.2 Waiteroo makes no guarantees that the Services will fulfill the Customer’s specific preferences.
17.1 Any notice, consent, agreement, or official statement under these Terms shall be in writing and shall be delivered by hand or sent by post to any other address determined by the said Party for such purposes, or sent by email to the other Party’s email address as set out in the invoice. A notice, consent, agreement, or official statement sent by email is considered received at the moment of transmission if the sender does not receive a failure to deliver message.
17.2 Any dispute or claim emerging between the Parties in connection with the Services or Hardware delivered under these Terms must be handled first by arbitration under the Law of the contracting state between the Parties’ representatives within 7 (seven) days of the day the issue arose.
17.3 Any revisions made in accordance with these Terms must be in writing and signed by or on behalf of the Parties.
17.4 A waiver of any right under these Terms is only valid if made in writing and applies solely to the Party to whom the waiver is directed. Unless otherwise specified, rights arising under these Terms are cumulative and do not exclude rights established by law.
17.5 If any term of these Terms is found to be invalid, unenforceable, or unlawful by a court or administrative authority with competent jurisdiction, the other sections will continue in effect.
17.6 No provision in these Terms are intended or shall work to form a partnership between the Parties or to permit one Party to serve as agent for the other, and neither Party shall have power to act in the name or on behalf of the other.
17.6 These Terms constitute the entire and only Contract between the Parties in relation to its subject matter, as they replace and extinguish all prior or simultaneous agreements, undertakings, arrangements, understandings, or statements of any kind concluded by the Parties, whether orally or in writing (and, if written, whether or not in draft form).
17.8 These Terms, as well as any disputes or claims arising out of or in connection with the said Terms or its subject matter or conclusion (including non-contractual disputes or claims), are governed and construed in accordance with the laws of the contracting country, and any disputes arising thereof shall be resolved through arbitration in accordance with the laws of that country.
IN WITNESS of the above, the parties hereto have duly adopted these Terms and Conditions and duly signed and delivered the signature or usage of the Customer to the services shall be regarded proof of the parties’ assumption of liability. This shall not preclude the parties from executing these terms and conditions electronically without the need for a paper work document, and the same shall be binding on the parties, and electronic signatures shall be deemed authentic between the parties, and electronic signature modes shall be admitted as acceptable means of adoption of these terms between its parties. The Terms and Conditions will take effect after both parties have signed them.