TERMS & CONDITIONS

CAREFULLY REVIEW THIS TERMS OF SERVICE CONTRACT, AS IT CONTAINS CRUCIAL DETAILS ABOUT YOUR LEGAL RIGHTS AND RECOURSES. Last Updated: 22/02/2023

OUR OBJECTIVE

Waitless aims to streamline the process of ordering, settling bills, and tipping at restaurants, bars, coffee shops, or other locations where Waitless services are employed (“Restaurant”).

1. INTRODUCTION

This Terms of Service Contract (“Contract”) is established by and between UAB True Concept, registered address Draugystės g. 17-1, LT-51229 Kaunas, Lithuania (“Company”) and you. It becomes effective on the date of your usage of this website www.waitless.lt, www.waitless.so, or waitless.menu (“Site”), or the date of electronic consent. This Contract outlines the general terms and conditions governing your use of the www.waitless.lt or www.waitless.so. By utilizing our Services (the “Services”), users can:

View the Restaurant’s menu;
Place an order;
Pay the bill, divide the bill, tip, or obtain a payment receipt;
Rate and submit a review about the Restaurant.
Your use of this Site for our Services, whether you are simply browsing or actively engaging, and your electronic acceptance of this Contract indicate that you have read, comprehended, acknowledged, and agreed to be bound by this Contract and Privacy Policy.

The terms “we,” “us,” or “our” pertain to the Company. The terms “you,” “your,” “User,” or “Customer” apply to any person or entity who accepts this Contract, uses our Site, accesses or utilizes the Services.

The Company reserves the right, at its sole discretion, to change or modify this Contract and any policies or agreements incorporated herein at any time. These changes or modifications will be effective immediately upon being posted on this Site. Your use of this Site or the Services after such changes or modifications have been made constitutes your acceptance of this Contract as last updated.

IF YOU DO NOT CONSENT TO BE BOUND BY THIS CONTRACT AS LAST UPDATED, REFRAIN FROM USING (OR CONTINUE USING) THIS SITE OR THE SERVICES.

2. USER CONDUCT GUIDELINES

Upon accessing the menu or placing an order, the User must take full responsibility for reviewing and ensuring the accuracy of the orders. The User must obtain any additional required information from the Restaurant’s staff before confirming the order.

Before settling the Restaurant’s bill, the User must verify all provided information and ensure its accuracy. If additional information is necessary, the User must consult the Restaurant’s staff before making payment.

When providing a tip, the User should confirm the tip amount is accurate before finalizing it. The tip amount will be included in the bill.

By utilizing this Site, you acknowledge and agree that:

Your use of this Site, including any content submitted, will adhere to this Agreement and all applicable local, state, national, and international laws, rules, and regulations.

You will not use this Site in a manner that:

Is unlawful or promotes or encourages illegal activity;

Promotes, encourages, or engages in child pornography or the exploitation of children;

Promotes, encourages, or engages in terrorism, violence against people, animals, or

Promotes, encourages, or engages in spam or other unsolicited bulk email or computer/network hacking or cracking;

Infringes on the intellectual property rights of another User or any other person or entity;

Violates the privacy or publicity rights of another User or any other person or entity, or breaches any confidentiality duty owed to another User or any other person or entity;

Interferes with the operation of this Site;

Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners, or other code, files, or programs designed to, or capable of, consuming excessive resources, disrupting, damaging, or limiting the functionality of any software or hardware.

You will not:

Duplicate or distribute any part of this Site in any medium without the Company’s express authorization,

3. ELIGIBILITY

This Site and the Services are accessible only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years old, (ii) capable of forming legally binding contracts under applicable law, and (iii) not a person barred from purchasing or receiving the Services under the laws of Lithuania or any other applicable jurisdiction. If you are entering into this Agreement on behalf of a company or any corporate entity, you represent and warrant that you possess the legal authority to bind such corporate entity to this Agreement’s terms and conditions. In this case, the terms “you,” “your,” “User,” or “Customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, the Company discovers that you lack the legal authority to bind such corporate entity, you will be held personally responsible for the obligations contained in this Agreement.

4. INTELLECTUAL

PROPERTY In addition to the general rules above, the provisions in this Section specifically apply to your use of Company Content posted on the Site. The Company Content on this Site, including but not limited to text, software, scripts, source code, API, graphics, photos, sounds, music, videos, and interactive features, and the trademarks, service marks, and logos contained therein (“Company Content”), are owned by or licensed to UAB True Concept in perpetuity and are subject to copyright, trademark, and/or patent protection. Company Content is provided “as is,” “as available,” and “with all faults” for your information and personal, non-commercial use only. Company Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast

5. USAGE OF USER-GENERATED CONTENT

Certain features of the Site may enable Users to view, post, publish, share, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or other content, including but not limited to photos and videos (collectively with User Submissions, “User Content”). By posting or publishing User Content on the Site, you warrant and represent to the Company that (i) you possess all necessary rights to distribute User Content through the Site or Services, either as the author of the User Content or because you have obtained the appropriate distribution rights, licenses, consents, and/or permissions in writing from the copyright or other owner of the User Content, and (ii) the User Content does not infringe the rights of any third party. You agree not to bypass, disable, or otherwise interfere with the security features of the Site (including, without limitation, features that prevent or restrict the use or copying of any Company Content or User Content) or enforce limitations on the use of the Site, Company Content, or User Content therein.

6. COMPANY’S UTILIZATION OF USER CONTENT

The provisions in this Section specifically pertain to the Company’s use of User Content posted on the Site. You are solely responsible for all User Content you submit or User Content submitted by you, as well as the consequences and requirements for distributing it.

6. COMPANY’S UTILIZATION OF USER CONTENT

Regarding User Submissions, you acknowledge and agree that:

Your User Submissions are completely voluntary.

Your User Submissions do not create a confidential relationship nor obligate the Company to treat your User Submissions as confidential or proprietary.

The Company has no obligation, express or implied, to develop or utilize your User Submissions, and no compensation is owed to you or anyone else for any deliberate or inadvertent use of your User Submissions.

The Company shall possess exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted on the Site and shall be entitled to the unrestricted use and dissemination of any User Submissions posted on the Site for any purpose, commercial or otherwise, without recognition or compensation to you or anyone else.

Regarding User Content, by posting or publishing User Content on the Site, you authorize the Company to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner intended by the Site and this Agreement.

You hereby grant the Company a global, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, combine with other works, display, and perform your User Content in connection with the Site, including without limitation for promoting and redistributing all or part of the Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also grant each User of the Site a non-exclusive license to access your User Content through the Site and to use, reproduce, distribute, create derivative works of, combine with other works, display, and perform your User Content as allowed through the functionality of the Site and under this Agreement.

The above licenses granted by you in your User Content will cease within a commercially reasonable time after you remove or delete your User Content from the Site. However, you understand and agree that the Company may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable.

The Company generally does not pre-screen User Content but reserves the right (without assuming any duty) to do so and determine whether any item of User Content is appropriate and/or complies with this Agreement. The Company may remove any item of User Content if it is violating this Agreement, at any time and without prior notice.

7. THIRD-PARTY WEBSITE LINKS

This Site may include links to websites owned and operated by third parties. The Company does not have control over, nor does it assume any responsibility for, the content, terms and
conditions, privacy policies, or practices of these third-party websites. Moreover, the Company does not monitor or edit any third-party website content. By using this Site, you expressly discharge the Company from any liability resulting from your use of any third-party website. Consequently, the Company advises you to exercise caution when leaving this Site and to carefully review the governing documents of any other website you may visit.

8. DISCLAIMER OF WARRANTIES AND REPRESENTATIONS

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK, AND THAT THIS SITE IS PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”. THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES CONNECTED (THROUGH HYPERLINKS, BANNER ADVERTISING, OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES OFFERED ON THIS SITE OR ANY SITES CONNECTED (THROUGH HYPERLINKS, BANNER ADVERTISING, OR OTHERWISE) TO THIS SITE, AND THE COMPANY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE SAME.

FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, OR THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND REGARDING THIS SITE OR THE SERVICES PROVIDED AT THIS SITE, AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

The preceding disclaimer of warranties and representations shall be enforceable to the fullest extent permitted by law and shall continue in effect even after the termination or expiration of this Agreement or your use of this Site or the Services available at this Site.

9. LIABILITY LIMITATION

A party will be absolved from responsibility for non-performance of the Agreement if it can prove that non-performance was due to force majeure. Specifically, the Company will not be liable for any losses resulting from force majeure, riots, wars, natural events, or other occurrences for which the Company is not responsible (e.g., strikes, lock-outs, traffic disruptions, administrative acts of domestic or foreign authorities). The Customer must notify the Company in writing about the force majeure event that prevents the fulfillment of this Agreement within 30 calendar days from the date the event occurs. The Company will inform the Customer about the force majeure event via email or on the Website or Mobile app if possible.

The Company’s liability is limited to direct losses, except as otherwise stipulated under applicable laws.

While utilizing the Services, the Client may obtain access to websites or mobile applications not owned or managed by the Company. The Client understands and agrees that the Company bears no responsibility for the availability of such sites or applications. Moreover, the Company is not accountable or liable for any content, advertisements, products, or other materials that can be accessed through these links. The Client, therefore, agrees that the Company will not be held 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 such websites or mobile applications.

Additionally, you expressly acknowledge and agree that any legal claim arising from or related to this Site or the Services provided on this Site must commence within one (1) year after the cause of action arises, or else such cause of action will be permanently prohibited.

The aforementioned limitation of liability shall be applicable to the greatest extent permitted by law and shall persist beyond the termination or expiration of this Agreement or your use of this Site or the Services offered on this Site.

10. INDEMNIFICATION

You agree to safeguard, defend, indemnify, and hold harmless the Company and its officers, directors, employees, and agents from and against all claims, demands, costs, expenses, losses, liabilities, and damages of any kind or nature (including, without limitation, reasonable attorney fees) imposed upon or incurred by the Company directly or indirectly resulting from (i) your use of and access to this Site; (ii) your breach of any provision of this Agreement or the policies or agreements incorporated herein; and/or (iii) your infringement of any third-party right, including but not limited to any intellectual property or other proprietary right. The indemnification obligations under this section shall endure any termination or expiration of this Agreement or your use of this Site or the Services provided on this Site.

11. DATA TRANSFER

If you are accessing this Site from a country other than the one where our servers are situated, your communications with us may involve the transfer of information across international borders. By accessing this Site and communicating electronically with us, you consent to such transfers.

12. WEBSITE AVAILABILITY

Subject to this Agreement’s terms and conditions and our policies, we shall make commercially reasonable efforts to maintain this Site on a 24/7 basis. You acknowledge and agree that this Site may occasionally be inaccessible for reasons including, but not limited to, routine maintenance, repairs, or replacements that we undertake from time to time, or other factors beyond our control, such as telecommunication or digital transmission link interruptions or other failures.

You acknowledge and agree that we have no control over this Site’s continuous or uninterrupted availability and that we assume no liability to you or any other party in connection with this matter.

13. DISCONTINUED SERVICES

The Company reserves the right to cease offering or providing any of the Services at any time, for any reason or no reason, and without prior notice. Although the Company strives to maximize the lifespan of all its Services, there may be instances when a Service is discontinued. In such cases, the Company will no longer support that product or service. In such an event, the Company will either offer a comparable Service for you to transition to or a refund. The Company will not be liable to you or any third party for any modification, suspension, or discontinuance of any Services we may offer or facilitate access to.

14. CHARGES AND PAYMENTS

You recognize and accept that the Restaurant will handle and process your payment. UAB “Waitless” solely offers the Services, assisting the Restaurant in managing orders, billing, and providing a platform for enhanced services.

You consent to pay all applicable fees and charges associated with the Orders you place through our Services.

The Company explicitly reserves the right to alter or amend the menu or other information supplied by the Restaurant at any time, with such changes or amendments being posted on this Site and immediately effective without requiring further notice to you.

For refunds, order cancellations after confirmation, or other payment-related inquiries, please consult the Restaurant’s staff.

Once the Client is directed to the third-party payment services, the risk of loss or damage will be transferred to the Client and/or the third-party service. The Client’s online credit or debit card payments to the Restaurant will be managed and processed by a third-party payment service provider, and no sensitive payment data will be stored or utilized by the Company. The Company shall not be responsible for any payment issues or disputes arising from third-party payment services. The Company may change its third-party payment service provider occasionally.

All transactions conducted through the Company’s Services are managed and executed through dedicated third-party gateways to ensure your security. Card details are not retained, and all card data is transmitted via SSL encryption. Please review the terms and conditions for the chosen payment gateway, as they are accountable for the transactions made.

15. NO THIRD-PARTY RIGHTS

This Agreement shall not be construed to grant any rights or benefits to third parties.

16. ADHERENCE TO LOCAL REGULATIONS

The Company does not guarantee or warrant that the content accessible on this Site is suitable for every country or jurisdiction and prohibits access to this Site from countries or jurisdictions where its content is illegal. Users who opt to access this Site must comply with all applicable local laws, regulations, and rules.

17. APPLICABLE LAW

This Agreement, along with any disputes or claims arising out of or related to it or its subject matter or formation, shall be governed and interpreted by the laws of Lithuania, excluding conflict of law provisions.

18. RESOLUTION OF DISPUTES

The courts of Lithuania shall have exclusive jurisdiction to resolve any disputes or claims arising out of or in connection with this Agreement or its subject matter or formation.

19. SECTION TITLES AND HEADINGS

The section titles and headings in this Agreement are for convenience and ease of reference only and shall not be used in any manner to construe or interpret the agreement between the parties as otherwise stipulated herein.

20/ INDEPENDENCE OF CLAUSES

In this Agreement, every promise and condition shall be deemed as separate and distinct obligations. Should any competent authority find any part (or a portion thereof) of this Agreement to be unlawful, void, or unenforceable for any reason, the remaining parts (or portions thereof) of this Agreement shall remain unaffected and continue to be valid and enforceable to the maximum extent allowed by law.

21. INQUIRIES AND COMMUNICATION

Should you require clarification or have any concerns regarding this Agreement, kindly reach out to us via email or postal mail at the address provided below:

UAB True Concept

Draugystės g. 17-1, LT-51229 Kaunas info@waitless.lt