Waitbusters Dining is committed to protecting and respecting your privacy and we make it our highest priority to safeguard the confidentiality of any and all personal details you provide to us. As a visitor or user of the Waitbusters Dining website and services, you have the right to know and understand our information privacy practices before providing us with any of your personal details.
By using the Waitbusters Dining website and services, you are deemed to consent to our use of your Personal Data in accordance with this policy.
Waitbusters Dining is not intended for children under 13 years of age, and no one under the age of 13 may provide any information to, on or via the Waitbuster Dining website and services. We do not knowingly collect Personal Data from children under 13, and if we learn that we have collected or received Personal Data from a child under 13, we will delete that information. Children between the ages of 13-17 may use the services or website only with assistance from a parent or legal guardian.
Collection of Information
We collect information you provide directly to Waitbusters Dining website and services both while using the website and/or when you sign up for an account with us. This information can include your name, address, phone number, email address or other details. We also automatically collect certain information passively as a result of your use of the Waitbusters Dining website and services. This information is linked to the device (e.g. computer, mobile, tablet or laptop) you use to access the website and includes your IP address, operating system, browser type, referring URLs, page views, access times and your geographical location. Furthermore, we can collect information provided to us when you connect to the Waitbusters Dining website and services from a third party application, social networking site (such as Facebook or Twitter) or other website (such as a promotion partner). All content submitted by you to the Services may be retained by us indefinitely, even if and after your access to the website and services are terminated.
Use of Your Information
We may use your information in the following ways.
Operate and improve our services;
Creation of your 24/7 concierge
Remember information so that you will not have to re-enter it during your visit or the next time you visit the website;
Fine tune your experience on the website, making it more personalized and display content we think may be of interest to you;
Monitor and analyze trends, usage and activities on our web page;
Diagnose or fix technology issues;
Link or combine with other information we get from third parties to help understand your needs and provide you with better service.
Disclosure of Your Information
We do not share personal information about you with third parties except as listed below:
With your consent;
If we believe that disclosure is reasonably necessary to:
comply with any applicable law, regulation or legal process, or governmental request;
to enforce our user agreements and policies;
to protect the security or integrity of the Site;
to protect the Company, our users and the public from harm or illegal activities;
If we become involved in a merger, acquisition, sale of assets, consolidation, joint venture, bankruptcy or other transaction or if the ownership of all or substantially all of our business changes;
With third parties who need access to your information to carry out their work on behalf of Waitbusters Dining website and services.
For ad purposes, we may also share certain information such as your location, browser and cookie data, unique identifier data, advertising identifier data and other data relating to your use of our website and services with our business partners to deliver advertisements ("ads") that may be of interest to you. We may allow third party ad platforms to serve advertisements on the Service.
Who We Share Your Information With
We may share aggregated or anonymized information that does not directly identify you. We do not sell, rent, or share information about personally identifying characteristics (e.g., name, email address, age, gender) we collect directly from you or about you from third parties with third party ad platforms for their own marketing purposes, unless you choose in advance to have such information shared for this purpose.
When you sign up to use Waitbusters Dining, you will be required to submit the following:
Contact Phone Number
Accessing Your Personal Information And Choices
In accordance with applicable law, you have the right to find out what Personal Data we hold about you at any time. Please submit this request in writing to email@example.com.
Security of Your Information
We seek to protect user information to ensure that it is kept private; however, we cannot guarantee the security of any user information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. We otherwise store all of our information, including your IP address information, using industry-standard techniques. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, Personal Information or otherwise. We do not store your billing information. This information is stored by Stripe.
Definitions And Legal References
“Personal Information” - "Personal information" is information that we can use to identify you as an individual. Personally identifiable information includes the restaurant name, restaurant owner and/or contact person, restaurant address, email address, telephone number and any other information that is connected with you personally.
“Website” – the Waitbusters Dining website.
“User(s)” - the restaurant or restaurant owner using the website.
“Data subject” – the legal or natural persona to whom the Personal Data refers.
“Cookies” – small pieces of data stored in the User’s device
“Services” – the services provided by Waitbusters Dining including reservation widget, skip the line feature, table management and 24/7 concierge.
QUESTIONS OR CONCERNS?
If you have any questions or concerns regarding privacy using the Services, please send us a detailed message to firstname.lastname@example.org. We will make every effort to resolve your concerns. Effective Date: June 25, 2017.
Data Controller and Owner
James Moody Clarksville, VA email@example.com
Terms of Service ("Terms") - Restaurants
Last updated: (June 2019, 2017)
Who We Are
Waitbusters is an Front of House (FOH) management and marketing software as a service (SAAS). All the Waitbusters code resides and for the most part, runs in the Amazon Web Services (AWS) Cloudon AWS. All Waitbusters application viewing is done via a web browser, Facebook Messenger chatbot and other messenger platforms such as Kick, Skype, Whatsapp, WeChat, Slack and others.
The basic functionality of Waitbusters includes the following:
• Both remote and local wait line management
• Both remote and local reservations management
• Social media viral marketing
• Monetization of table space
• Table Management (currently under development)
• 24/7 Concierge (bot)
Acceptance of Terms of Service
By registering for and/or using the Services in any manner, you agree to these TOS and all other operating rules, policies and procedures that may be published from time to time on the website by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
Some of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these TOS by this reference.
These TOS apply to all users of the Services, including, without limitation, users who are contributors of content, information, API’s and other materials or services, registered or otherwise.
Eligibility to Use the Service
You represent and warrant that you are at least 183 years of age[JM1] . If you are under age 183, you may not, under any circumstances or for any reason, use the Services. Children between the ages of 13 and 18 may use these Services only with the permission and active involvement of a parent or legal guardian.
We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these TOS are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these TOS or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
For purposes of these TOS, the term “Content” includes, without limitation, information, text, photographs, data, audio clips, videos, GIFs, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
Availability of Content
We do not guarantee that any Content will be made available through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these TOS), or for no reason at all and (ii) to remove or block any Content from the Services. Due to the fact that this is a service available on mobile devices and computers, service might be interrupted and may not work correctly. We are not liable for service interruption.
Notices, Restrictions & Trademarks
The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
During the term of this Agreement, you may use our trademark as long as you follow the usage requirements in this section. You must: (i) only use the images of our trademark that we make available to you, without altering them in any way; (ii) only use our trademarks in connection with the Agency Partner Program and this Agreement; and (iii) immediately comply if we request that you discontinue use. You must not: (i) use our trademark in a misleading or disparaging way; (ii) use our trademark in a way that implies we endorse, sponsor or approve of your services or products; or (iii) use our trademark in violation of applicable law or in connection with an obscene, indecent, or unlawful topic or material.
Restaurant Account Creation and Obligation
To sign up for this Service, the Restaurant will be required to create an account. In creating an account, Restaurant must provide true, accurate, and current information about themselves and their business; maintain the confidentiality of said account; and accept responsibility for all activities that occur under your account or password. Waitbusters will not be responsible for any losses arising out of the unauthorized use of the Restaurant’s username, password, and/or account and the Restaurant agrees to indemnify and hold harmless Waitbusters, its officers, directors, employees, parents, subsidiaries, agents, affiliates and business partners and/or licensors, as applicable, for any improper, unauthorized, or illegal uses of the same.
You can only have one Waitbusters Dining account at any time. We do not allow Users to have multiple accounts for the same individual. Attempting to and/or establishing multiple accounts for the same user (even if such accounts are registered with different profiles, emails, phone numbers, payment methods, and etc.) violates this Agreement. We reserve the right to take corrective action at our sole discretion (including but not limited to suspending or terminating Service and/or deleting accounts) in the event you attempt to and/or establish multiple accounts with us.
Restaurant is required to provide payment details and information upon registration. Payment for the program will be initiated immediately after any promotional period if applicable. No refunds will be allowed once the payment has been processed.
In all cases, the failure to make timely payment for the Product provided hereunder may result in termination of Your access to the Product. Waitbusters list pricing is subject to change and Waitbusters reserves the right to modify its list prices at any time and without notice. Any change in list pricing shall not affect contractually agreed upon prices during the term of any such contract or agreement.
Grant of License and Rules of Conduct
Waitbusters grants you a limited license to access and make personal use of
the Service. Waitbusters retains ownership of all right, title and interest to the Product, the Product design and Documentation, and the intellectual property rights therein and thereto (including without limitation, all patent rights, design rights, copyrights and trade secret rights) subject to the Software license granted in this Section. Restaurant agrees not to:
Modify, copy or distribute the materials found on Waitbusters Digital Dining Solutions;
Use the Waitbusters Digital Dining Solutions materials for any commercial purpose, or for any public display (commercial or non-commercial) or us them in any manner with may cause Waitbusters Digital Dining Solutions to become disreputable;
Attempt to decompile or reverse engineer any software, updates, hardware or other materials or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services contained on Waitbusters Digital Dining Solutions screens and chats;
Use or interfere with Waitbusters Digital Dining Solutions in any way that could disable, damage or impair our systems or security or interfere with other restaurants;
Remove any copyright or other proprietary notations from the materials;
Transfer the materials to another person or “mirror” the materials on any other server (i.e. scan, index or copy or otherwise exploit Waitbusters Digital Dining Solutions.
Disclose any part of the software or materials to any third party, including but not limited to any trade or consumer press, news agency or any competitor of Waitbusters, such that significant and irreparable harm will come to Waitbusters. Accordingly, restaurant agrees that Waitbusters shall be entitled to injunctive relief as well as all other legal remedies that may be available in the event you breach this agreement.
Waitbusters hereby reserves, and Restaurant hereby agrees, that Waitbusters shall have a security interest in the Products delivered under this Agreement. If requested by Waitbusters, Restaurant agrees to execute and deliver financing statements or any other instruments, recordings or filings deemed necessary by Waitbusters to protect and preserve its right, title and interest in and to the hardware Products under applicable law.
Software License Grant
Waitbusters hereby grants to Restaurant and Restaurant accepts a personal, non-transferable, non-exclusive license to use the Software. The license is granted in accordance with the subscription period.
Restaurant hereby assigns to Waitbusters, Restaurants entire right, title and interest (including, without limitation, all patent rights, design rights, copyrights and trade secrets) in any modifications or improvements to the Products which Restaurant may propose or make or which Restaurant and Waitbusters may jointly make during the period of this agreement.
Use of the Service and Conduct
Restaurant will obtain the guest’s mobile numbers and/or emails on a regular basis. Restaurant is permitted to use such information during regular operation of the Service for the purpose of communicating with guests during real-time operation of the Service. Said information cannot be used or saved for any purpose other than to market that particular guest for the operation of their business only. The Restaurant agrees not to transmit any message to a guest who has “opted out.”
The following list contains prohibited types of conduct and contact by the Restaurant. You as the Restaurant are prohibited from the following, included but not limited to posting or transmitting via email or SMS:
Illegal acts or criminal offenses;
Malicious and deceptive practices;
Harassment, bullying or threatening behaviors;
Personal or confidential information;
Sexually explicit material;
Profanity or masked profanity;
3rd party promotion, spam or any form of solicitation that is not for the Restaurant’s business;
Anything else that is fraudulent or misleading;
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. All provisions of these TOS which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The services provided by Waitbusters Dining are intended only to assist you in your efforts to make enable guests to make a reservation, get in line, skip the line or receive promotions. We have no special relationship with or fiduciary duty to you. You acknowledge that We have no duty to take any action regarding:
Which users gain access to the Services;
What Content you access via the Services; or
How you may interpret or use the Content.
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
WE WILL TRY TO KEEP WAITBUSTERS DINING UP AND RUNNING AND BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. THE SERVICES AND CONTENT ON WAITBUSTERS DINING SCREENS ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these TOS, or infringement by you, or any third party using your identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Limited Liability and Waiver of Consequential Damage
YOU AGREE THAT NOTWITHSTANDING ANYTHING DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DIRECT OR GENERAL DAMAGES), ALL LIABILITY OF WAITBUSTERS OR ITS SUPPLIERS UNDER ANY PROVISION OFTHIS AGREEMENT OR OTHERWISE SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100).
IN NO EVENT SHALL WAITBUSTERS OR ITS SUPPLIERS BE LIABLE FOR ANY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST DATA, OR ANY OTHER INDIRECT DAMAGES EVEN IF WAITBUSTERS HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
For any issue with dining arising out of your connection with your access to, use of or inability to use Waitbusters, specifically but not limited to:
Cancelled reservations from guests or loss of revenue due to such cancellations;
Loss of revenue due to guest no-shows;
Loss of revenue due to reservation changes;
Any loss of business, harm or misunderstanding by the customer due to the software including but not limited to the “skip the line” feature or misunderstanding of the product;
For any viruses, bugs, Trojan horses or the like (regardless of where they originated
from) or software failure;
For any lost profits, data loss, cost of procurement of substitute goods or services, or
special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or services (however arising);
For any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Governing Law and Jurisdiction
These TOS shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these TOS shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Mecklenburg County, Virginia.
Third Party Services
The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources.
Waitbusters Dining may permit Third Parties, such as restaurants, to publish content on the Service or include Third-Party content via Application Programming Interfaces (APIs) including but not limited to graphics, text or copy, reviews, and pricing and promotional information. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be 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 promotion, offer, content, goods or services available on or through any such website or resource. Waitbusters Dining further assumes no liability whatsoever for third-party representations as to price, quality, value, or availability.
We reserve the right, in our sole discretion, to modify or replace any of these TOS or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the bot or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these TOS periodically for changes. Your continued use of the Services following notification of any changes to these TOS constitutes acceptance of those changes.
Entire Agreement and Severability
These TOS are the entire agreement between you and us with respect to the Services, including use of the bot, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these TOS will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
No agency, partnership, joint venture, or employment relationship is created as a result of these TOS and neither party has any authority of any kind to bind the other in any respect.
Unless otherwise specified in these TOS, all notices under these TOS will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e- mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to firstname.lastname@example.org.
Our failure to enforce any part of these TOS shall not constitute a waiver of our right to later enforce that or any other part of these TOS. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these TOS to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
If you have any questions about these TOS, please contact Waitbusters Dining at
[JM1]For restaurants; it would seem like 18?