ATTENTION: THIS IS A LEGALLY-BINDING CONTRACT. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES PROVIDED BY SOFTAREX TECHNOLOGIES, INC. (“SOFTAREX”) d/b/a WAITO THROUGH THE WEBSITES AND MOBILE APPLICATION. THIS AGREEMENT GOVERNS YOUR RELATIONSHIP WITH WAITO AND USE OF THE SERVICES PROVIDED THROUGH THE WAITO MOBILE APPLICATION AND WEBSITES. WAITO HEREBY REQUESTS THAT YOU ACCEPT THESE TERMS OF SERVICE.
Terms of Services
Acceptance of terms of service
These Terms of Service (the “Agreement” or “Terms of Service”) is a legally-binding agreement between you, either an individual or an entity (“you” or “user”), and Softarex Technologies, Inc. d/b/a WAITO, a company organized under the laws of the Commonwealth of Virginia and its affiliates (“WAITO”) regarding use of the website located at: https://waitoapp.com/ (together, the “Websites”) and the Mobile Application, as defined below. Softarex makes the Website and Mobile Application, including all content, information, graphics, documents, text, products, and all other elements and products offered through the Website and Mobile Application (collectively, the “Content”) available for your use subject to the terms and conditions set forth in this document. By accessing and using the Website and Mobile Application you agree to be bound by and to accept these Terms of Service and all terms and conditions contained and/or referenced herein as well as any additional terms and conditions set forth on the Website.
If you do NOT agree to all the terms and conditions in these Terms of Service, you should NOT use the Website or Mobile Application. If you do NOT agree to any additional specific terms that apply to particular Content or to a particular transaction concluded through the Website or Mobile Application, then you should NOT use the part of the Website or Mobile Application that contains such Content or through which such transactions are concluded. Also, when you use any current or future WAITO service or visit the Website or obtain any products or services, whether free of charge or for payment, provided by WAITO, you will be subject to the guidelines and conditions applicable to such products or services.
These Terms of Service may be amended by WAITO at any time upon notice provided by a posting on the main page of the Websites or in Mobile Application.
Please check these Terms of Service regularly to ensure that you are aware of all terms governing your use of the Website and Mobile Application. Specific terms and conditions may apply to non-user generated Content. Such specific terms may be in addition to these Terms of Service or, where inconsistent with these Terms of Service such specific terms will supersede these Terms of Service only to the extent that the content or intent of such specific terms is inconsistent with these Terms of Service.
WAITO reserves the right to make changes or updates with respect the Content or the format thereof at any time without notice. WAITO also reserves the right to terminate or restrict your access to the Website and Mobile Application or any portion thereof for any reason whatsoever at its sole discretion.
Description of services
WAITO is the mobile application providing services for the travelers.
You agree to use the Website and Mobile Application only for purposes permitted by these Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. WAITO IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU OR A THIRD PARTY AT YOUR BEHEST. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE WEBSITE AND MOBILE APPLICATION DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS. Specifically, you agree and warrant that in using the Website and Mobile Application, your actions do not contravene the laws, rules, or regulations of (1) the country, state, or locality where you reside, or (2) the country, state, or locality where WAITO is located or operates. This includes complying with applicable export and import restrictions as well as other restrictions.
Use of the websites and services
You agree not to access (or attempt to access) the Mobile Application by any means other than those provided by Softarex or its authorized partners. You agree not to access (or attempt to access) the Mobile Application by way of automated means and that you will not engage in any activity that interferes with or disrupts the Website or Mobile Application (or the servers and networks which are connected to the Websites or Mobile Application).
Further, you agree:
- not to disrupt or interfere with any other user’s enjoyment of the Website or Mobile Application or affiliated or linked sites;
- not to upload, post, or otherwise transmit through the Website or Mobile Application any viruses or other harmful, disruptive, or destructive files;
- not to access or attempt to access any Content, which you are not authorized to access under the terms herein;
- not to disrupt or interfere with the security of, or otherwise cause harm to the Website, Mobile Application, Content, User Content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Website or Mobile Application or any affiliated or linked sites.
WAITO may provide technical support for users subject to terms and condition of a subsequent agreement executed between WAITO and you. In order to receive technical support from WAITO, the user seeking such support must request such support by contacting WAITO at email@example.com. The user should describe the nature of the problem to be resolved as well as provide information about the user (name, address, etc). WAITO will make reasonable efforts to respond to such requests in a timely manner, however, WAITO will have no obligation to respond to any technical support request. The user shall cooperate with WAITO when seeking technical support services by providing information necessary to assist WAITO or requested by WAITO while diagnosing or resolving the issue. Although WAITO cannot guarantee that a technical support issue will be resolved, WAITO will make reasonable efforts to perform technical support services in a professional manner.
Information and materials provided by you
Term and termination
The term of these Terms of Service (“Term”) shall begin when you start using the Website or Mobile Application and shall continue in perpetuity unless otherwise terminated by WAITO or you by written notice. WAITO reserves the right to change, suspend or discontinue the services or any portion thereof, at any time. Without prejudice to any other rights, these Terms of Service will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms of Service, you must immediately cease using the Website and Mobile Application including without limitation any use of WAITO’s trademarks, trade names, copyrights, and other intellectual property.
UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE WAITO APPLICATION, WEBSITES, OR SERVICES IN ANY WAY.
Links to other sites and third party materials
The Website and Mobile Application may include links to other Websites and/or third party products and that are not under WAITO’ control (collectively, “Third Party Materials”). WAITO shall not be responsible in any way for such Third Party Materials. WAITO provides such links only for the convenience of the users of the Website and Mobile Application, and the inclusion of any link to any Third Party Materials does not imply endorsement by WAITO of the content, products and/ or services of such Third Party Materials. Notwithstanding any provision to the contrary herein, nothing in this Terms of Service shall be construed as to grant you any rights or licenses with regard to such Third Party Materials or to entitle you to use such Third Party Materials.
Copyright, trademark, and all other proprietary rights in the Website, Mobile Application, and Content (including but not limited to software, services, audio, video, text, and photographs, but excluding User Content) rest with WAITO and/or its licensors. Unless otherwise specifically provided herein or authorized by WAITO in writing, all rights in the Website, Mobile Application, and Content not expressly granted herein are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Content, Website, or Mobile Application, other than in conjunction with the services offered by WAITO through the Website and Mobile Application.
WAITO hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third Party Material or otherwise provided on the Website and Mobile Application are the properties of their respective owners. WAITO disclaims any proprietary interests in the intellectual property rights other than their own.
Warranties and disclaimers
ALL CONTENT AND/OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WAITO HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THE WEBSITE, MOBILE APPLICATION OR THE CONTENT. WAITO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE WEBSITES, MOBILE APPLICATION, OR CONTENT. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. WAITO DOES NOT WARRANT THAT THE WEBSITE, MOBILE APPLICATION, CONTENT, OR THE SERVERS WHICH MAKE THE WEBSITE AND MOBILE APPLICATION AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY WAITO ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except as agreed by WAITO in writing, contractors, agents, dealers or distributors of WAITO or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.
THE USE OF THE WEBSITE OR MOBILE APPLICATION OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH THE WEBSITE/MOBILE APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. WAITO ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE/MOBILE APPLICATION OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE/MOBILE APPLICATION. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WAITO MOBILE APPLICATION OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
The Website and Mobile Application may contain references to specific WAITO products and services that may not be available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.
N NO EVENT SHALL WAITO OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE WEBSITE OR MOBILE APPLICATION OR THE CONTENT, PRODUCTS, SERVICES, STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE WEBSITES OR MOBILE APPLICATION, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE OR MOBILE APPLICATION THAT ARE DELAYED OR INTERRUPTED, EVEN IF WAITO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST WAITO PERTAINING TO OR IN CONNECTION WITH THE WEBSITE AND MOBILE APPLICATION MUST BE COMMENCED AND NOTIFIED TO WAITO IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.
Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.
YOU HEREBY WARRANT THAT:(i) ALL INFORMATION PROVIDED BY YOU TO WAITO IN CONNECTION WITH THE WEBSITE AND MOBILE APPLICATION IS TRUE, ACCURATE, CORRECT, AND UP TO DATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THIS TERMS OF SERVICE; (iii) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH WAITO; (iv) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THIS TERMS OF SERVICE; (v) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THIS TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS; AND (vi) YOUR EDITORIAL, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT THAT IS AVAILABLE TO USERS OF THIS WEBSITE AND MOBILE APPLICATION AND THAT IS NOT PROVIDED BY WAITO DO NOT (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY, (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY, (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH, (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS, OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.
Unlawful or Prohibited Use
You may not use the Website or Mobile Application for any purpose that is unlawful, prohibited by these Terms of Service, or in any way interferes or attempts to interfere with the proper working of the Website or Mobile Application. You may not use the Website or Mobile Application in any manner that could damage, disable, overburden, or impair the Website or Mobile Application, or that interferes with any third party’s use and enjoyment of the Websites or Mobile Application. You agree that you will not use any third-party software that intercepts, “mines,” or otherwise collects information from or through the Websites or Mobile Application. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by WAITO to all users of the Websites or Mobile Application. You shall not institute, assist, or become involved in an attack upon any WAITO server or otherwise attempt to disrupt the WAITO servers. ANY ATTEMPT BY YOU TO DAMAGE WAITO’ SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF WAITO IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, WAITO RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.
You hereby agree to indemnify and hold harmless WAITO, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Service.
Linking to the Website
Linking to the Website is permitted provided that you comply with the following rules. You may link to the homepage of the Website or to any other page on the Website. However, you are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that WAITO endorses or sponsors the linker or its Website, products or services. You must not use WAITO’ intellectual property including but not limited to trademarks, trade names, copyrights without advance written permission from WAITO. Furthermore, you agree to remove the link at any time upon WAITO’ request.
Ending Your Relationship with WAITO
These Terms of Service will continue to apply until terminated by either you or WAITO or as otherwise provided by the applicable agreement between you and WAITO. WAITO reserves the right to terminate these Terms of Service with you at its own discretion at any time, upon notice, and without any liability to WAITO whatsoever.
You are solely responsible for cancelling your User Account, which you may do by deleting the Mobile Application or contacting WAITO at firstname.lastname@example.org.
WAITO may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent. You, however, may not assign or delegate any rights or obligations under these Terms of Service without WAITO’ prior written consent, and any unauthorized assignment and delegation by you are void and ineffective.
If the Website and Mobile Application are not available for any period or any time, WAITO shall not be liable. WAITO gives no warranties as to the accessibility, performance, or availability of the Website or Mobile Application. Temporary suspension of access to the Website and Mobile Application may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure, or for reasons beyond our control. WAITO reserves the right to suspend the operation of the Website or Mobile Application. You agree that neither WAITO nor its third party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the services and products on the Website and Mobile Application.
WAITO will not be liable for any non-performance, delay, error, data loss or other loss caused by any events or conditions that are beyond the reasonable control of WAITO.
Agreement to Deal Electronically
All transactions with or through the Website or Mobile Application may, at WAITO’ option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Website or Mobile Application. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient’s control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
These Terms of Service will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms of Service is held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.
These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Virginia without reference to conflicts of law rules and principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
WAITO does not bear any responsibility nor assumes any risks if by any reason a product or a service made available through the Website and Mobile Application breaches the national law of any country. Those who access the Website or Mobile Application do so at their own initiative and are responsible for compliance with their national laws.
Copyright © 2018 Softarex Technologies, Inc. All rights reserved.