Terms and Conditions of Use
The following are terms of a legal agreement (the “Agreement”) between you, and W Cloud Systems Pte.Ltd. (the “Company”, “we,” “us”) that sets forth the terms and conditions for your use of the Waitre service, website, and software applications (collectively referred to as the “Platform”). By accessing, browsing and/or using the Platform, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations.
The Company reserves the right to amend this Agreement at any time and will notify of any such changes by posting the revised Agreement on the Platform. All changes shall be effective upon posting of the revised Agreement by the Company. Your continued use of the Platform after any change to this Agreement constitutes your agreement to be bound by any such changes. The Company will endeavour to the best of its abilities and act in good faith in order to enable you to use the Platform to its fullest extent, however the Company reserves the right to terminate, suspend, change, or restrict access to all or any part of the Platform, at any time, without notice or liability, when the Company believes that such action is necessary to protect its rights under the Agreement.
We will try our best to ensure that you get the best possible use of the resources of the Platform. If you object to any provision of this Agreement or any subsequent modifications to this Agreement or become dissatisfied with our Platform in any way, your only recourse is to immediately terminate use of our Platform. In case of termination, paid subscriptions will be terminated before the end of the period for which you have already paid, and the Company will not refund any fees that you have already paid.
Ownership and Licence to use the Platform
All materials, technical data or information presented or displayed on the Platform is and shall remain the property of the Company. All the intellectual property rights are reserved.
The Company gives a revocable, non-exclusive, royalty-free licence, to use, view, access the information on the Platform for your own use, subject to the restrictions set out below.
You shall not sell, sub-licence, duplicate, copy, republish or otherwise exploit material on this Platform for a commercial purpose, including republication on another platform.
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
No Warranties and Disclaimer
The Company does not guarantee, represent, or warrant that the Platform will be uninterrupted or error-free, constantly available, or available at all. The Company neither guarantees nor accepts responsibility for the accuracy, reliability, correctness or completeness of the content of the Platform. You expressly agree that your use of, or inability to use, the Platform is at your sole risk. It shall be your own responsibility to ensure that any products, services or information available through the Platform meet your specific requirements. The Company makes no representations or warranties of any kind, express or implied, as to the operation of the Platform or the information, content, materials, or products used, filled or included on the Platform, including no implied warranties of merchantability or fitness for a particular purpose. No advice or information, whether oral or written, obtained by you from the operators or through the operators of the Company and/or the Platform, shall create any warranty.
Nothing on the Platform constitutes, or is meant to constitute, advice of any kind. Individuals intending to use the platform and purchase the services on the Platform should seek independent professional advice prior to acting on any of the information contained herein. If you require advice in relation to any F&B, financial or accountancy matter you should consult an appropriate professional adviser.
Viruses and Hacking
The Company shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material. You are aware of the risks associated with using our Platform, including but not limited to: (i) risk of losing the information, content which you may upload or save on this Platform and/or any third-party platform to which this Platform is linked, (ii) risk of viruses, hacking and security weaknesses, (iii) risk of inability to use by any party of the content, the Platform or any third-party platform to which this Platform is linked, or in connection with any failure of performance, error or omission, interruption, defect, delay in operation or transmission, line or system failure.
Limitations of Liability
The Company shall not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with the Platform, including but not limited to: (i) for any general, special, direct, indirect, incidental or consequential loss or damages, (ii) for any business losses, loss of revenue, income, profits or anticipated savings, loss of opportunity, loss of contracts or business relationships, business interruption, financial and tax losses, loss of reputation of goodwill, or loss of information or data, (iii) for any defamatory, offensive or illegal conduct of any Company’s employees or representatives.
Your sole remedy for dissatisfaction with this Platform is to stop using the Platform. If your use of materials from this Platform results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. If the foregoing limitation is found to be invalid, you agree that the Company’s total liability for all damages, losses or causes of actions of any kind or nature for any reason whatsoever related to use of the Platform and associated services shall not exceed and be limited to the subscription price for unutilized or remaining term of use of the Platform and associated services.
No Liability on Misuse
The Company shall have no obligation to verify your information and any content filled, used or accessed by you through the Platform. The Company shall have no liability or responsibility whatsoever related to your use or misuse of the Platform, including without limitation use of the Platform by you for any illegal purposes.
You agree to defend, indemnify and hold harmless the Company, the Company’s agents, officers or vendors from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use or misuse of the Platform, including, without limitation, your breach of this Agreement, use of the Platform by you for any illegal purposes, the infringement by you, or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity.
Breach of the Agreement
Without prejudice to the Company’s other rights under the Agreement, if you breach any term of the Agreement, the Company may take such action as the Company may deem appropriate, including suspending your access to the Platform, prohibiting you from accessing the Platform, blocking computers using your IP address from accessing the Platform, terminating the Agreement and/or bringing court proceedings against you.
Term and Termination
This Agreement will take effect at the time you click “I ACCEPT” or begin using the services offered on the Platform, whichever is the earliest. This Agreement is effective until terminated by the Company. The Company may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Platform at any time, with or without cause, in the Company’s absolute discretion without any notice. The following provisions of this Agreement shall survive termination of your use or access to the Platform: No Warranties and Disclaimer, Limitations of Liability, No Liability on Misuse, Indemnity, Governing Law and Dispute Resolution.
If you no longer agree to be bound by this Agreement, you shall cease use of the Platform. Paid subscriptions will be terminated, and no refund for unutilized or remaining term of use of the Platform will be provided.
Governing Law and Dispute Resolution
This Agreement and all matters in connection with this Agreement shall be governed by and construed in all respects in accordance with the laws of Singapore.
The courts of Singapore have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement (including a dispute regarding the existence, validity or termination of this Agreement (a “Dispute”).
The Parties to this Agreement agree that the courts of Singapore are the most appropriate and convenient courts to settle Disputes and accordingly no Party will argue to the contrary.
Use and Confidentiality of Information and Communication
The Company is not intended to receive confidential or proprietary information from you through the Platform. Any material, information, or other communication you transmit, fill in, upload or post to the Platform shall be considered as non-confidential. The Company will endeavour to the best of its abilities with all due care not to disclose the information provided by you to any third party other than for the purposes of this Agreement. For any information collected by the Company through the Platform and/or via correspondence from you, you grant to the Company and its employees and representatives the right to read and use the information and communications. You are hereby advised that no facilities are provided by the Platform for sending or receiving confidential communications.
By using the Platform, you acknowledge that the Company and its employees and representatives reserve the right to use your information, monitor all activity and take reasonable actions on your behalf in order to provide, improve and render the services and assist you.
The Company will retain and keep your data and information, which you may transmit, upload or post to the Platform and/or any third-party platform to which this Platform is linked, for a term not exceeding one (1) month.
You acknowledge that any of your employees, representatives and officers may give the Company any instructions or notices to adjust, correct or revise any information or data, which you transmit or upload on our Platform. You agree that the Company does not have any obligation to verify authorities of your employees, representatives and officers and you are fully responsible for any access rights to the Platform of your employees, representatives and officers.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account.
You are fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Platform using your account or user ID. You grant the Company and all other persons or entities involved in the operation of the Platform the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Platform and in the provision of services to you. The Company cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using this Platform.
Subscription and Billing
Some parts of the Platform and associated services are billed on a subscription basis. You will be billed in advance on a recurring monthly, quarterly or annual basis depending on your selected subscription accordingly. If you wish to purchase any service made available through the Platform, you will be asked to supply certain information relevant to your purchase.
You further acknowledge and agree that the Company reserves the right, at any time, to change its prices and billing methods (on a going forward basis) for products or services sold or licenced or for use of the Platform, effective immediately upon posting on the Platform or by electronic communications to you. Please review the applicable pricing before placing any order.
Price changes for paid subscriptions will take effect at the start of the next subscription period following the date of the price change. You accept the new price by continuing to use the Platform after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Platform prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
An obligation to Verify Your Information
By creating your account on the Platform, you confirm that any registration information that you submit to the Company is true, accurate, compliant and complete and that you will update such information in order to keep it current. You also acknowledge and agree that the Company may remove or reclaim your username at any time if the Company in its absolute discretion considers such action appropriate.
Use of Third-Party Platforms
You acknowledge that the Company uses third-party platforms or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party platforms or services.
By accessing and/or using the Platform, you agree that, Singapore law (including without limitation, the provisions of the Evidence Act (Cap. 97), the Electronic Transactions Act (Cap. 88) and the Personal Data Protection Act (PDPA) shall govern such access and the provision of such materials, facilities and/or services.
In order to use the Platform, the Company may require to provide the information, including name, registration number, email, postal address, financial information (eg., credit card number, expiration date). Upon submission of your personal identifiable information on or through this Platform, you are giving us your consent to collect, use and disclose your personal identifiable information. All correspondence may also be collected and stored, particularly in regard to sales, support and accounts, including email. Any information collected by the Company is collected through the Platform and/or via correspondence from you. This may be via the telephone, email, mail or fax. Any details collected from you are required in order to provide you with our products and/or services, and a high level of customer service. Correspondence is recorded in order to provide the service, and to assist in our staff development. The Company will access, use, and share the information as required to fulfil our contractual obligations or subsequent requests for service and/or support of the Platform. The Company reserves the right to disclose your personally identifiable information as required by law and when the Company believes that disclosure is necessary to protect its rights and/or comply with a judicial proceeding, court order, or legal process.
The Company takes all necessary steps to protect the information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction as required by applicable law. Please understand, however, that no security system is impenetrable. The Company does not guarantee the security of our databases, nor does the Company guarantee that the information that you supply will not be intercepted while being transmitted to and from us over the Internet.
The Company uses the [Stripe] for its online credit card transactions, which processes online credit card transactions, providing a safe and secure means of collecting payments via the Internet. When you provide your payment information, the Company transmits it via an encrypted connection to [Stripe].
Your email address provided may be used to inform you of our latest news and announcements. You may opt out of this by unchecking the newsletter box during registration or choosing to unsubscribe from our mailing list.
Our Platform may contain links to or references to other platforms or websites that may be accessed or which may originate outside the boundaries of our Platform and which information we will have no control. The Company shall have no obligation or responsibility regarding any content derived, obtained, accessed within through or outside of our Platform. Any inclusion of links to such external website does not imply any endorsement or verification of the material on such website or any association with their operators, and such website shall be accessed at your own risk.
To the maximum extent permitted by law, the Company shall not be liable in any event for any special, exemplary, punitive, indirect, incidental or consequential damages of any kind or for any loss of reputation or goodwill, whether based in contract, tort (including negligence), equity, strict liability, statute or otherwise, suffered as a result of unauthorised or unintended use, access or disclosure of your personal data.
The Company may transfer, sub-contract or otherwise deal with the Company’s rights and/or obligations under this Agreement without notifying you or obtaining your consent.
You may not transfer, or otherwise assign your rights and/or obligations under this Agreement to any third party.
The Company’s failure to insist upon strict performance of any of the terms and conditions of this Agreement by you will not operate as a waiver of any subsequent or other default or failure of performance.
If any provision of the Agreement is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Agreement.
Visiting, browsing, using our Platform or sending electronic instructions to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communications be in writing.
Company agrees to perform support service up to the point whereby Company in its sole discretion deems that support should be provided to. Company shall not be required to provide support if user (customer) fails to use reasonable efforts to implement advices and recommendations received from Company. If user (customer) fails to provide Company upon request the required information, access to the system, description of the problem of the steps leaded to the problem, which may be required or useful to provide support.
These terms and conditions constitute the entire agreement between you and W Cloud Systems Pte.Ltd. in relation to your use of the Platform and associated services, and supersede all previous agreements in respect of your use of the Platform and associated services.