LEGAL

Last updated on June 21, 2017

Welcome to the website for Waynak Solutions S.A.L, a joint-stock Company incorporated in Lebanon (“Waynak”). Waynak’s website is comprise of various webpages and mobile application (collectively the “Site”). Waynak is a mobile platform where an individual can share his location with any service provider (“Professional Partners”) listed on the Site and create an event and share it with other Individuals. Waynak also provides other services with the partnership of third party services (“Professional Services”) such as an emergency service for an instant location sharing in case of emergencies. We provide a simple and convenient service to you, linking you to the Professional Partners of your choice and allowing you to share your location with them. We may use the Site subject to the following notices, Terms of Use, as well as Waynak’s Privacy Policy, which is incorporated is this Site for your reference. When you use our Site, you will be subject to the rules, guidelines, policies, Terms of Use applicable to such Site. As these Terms of Use affect your legal rights, please read them carefully. We reserve the right to amend the Terms of Use from time to time by posting a new agreement on the Site. Your use of the Site constitutes your agreement to all such terms, conditions and notices. If you do not agree to these terms, do not use the Site.

1. ORDERING AND LOCATION SHARING

Any contract for the supply of Goods is between you and the Professional Partners. For the supply of services from this Site, the contact is between you and Waynak. When you share your location through our Service, an email thanking you for your order and confirming your order will be sent to the Professional Partner (the “Confirmation Email”) and to you by us on behalf of the Professional Partner. The contract for the supply of the Goods you order through us will be between you and the Professional Partner and will only be formed when you have been sent the Confirmation Email by us. Please ensure that you have given us a correct email address as this is how we will communicate with you about your Order. Please also ensure that you provide an accurate address and telephone number to ensure that your Goods arrive to the correct location.

2. PAYMENT TERMS

The price of Goods will be listed on our Site. These prices include VAT. Prices are subject to changes at any time, but changes will not affect orders in respect of which you have been presented with the Confirmation Email, save in the case of an obvious pricing mistake, in which case we will notify you in a timely manner about the pricing issue. You may be able to cancel your order once we notify you. Despite our best efforts, some of the Goods listed on our Site may be incorrectly priced. The relevant Professional Partner will typically verify prices as part of the order process before confirming your order and charging your credit/debit card. We do not charge you for delivery services and we do not collect money from you. Rather, the Professional Partners collect payments made by you in connection with your order of Goods. Payment for Goods shall be made either by credit/debit card upon order on the relevant Professional Partner’s online platform or by cash upon delivery of Goods, depending on the Professional Partners’ accepted payment terms.

3. DELIVERY

Delivery periods quoted at the time of ordering are approximate only and may vary. We will make every effort to make sure that the goods will be delivered to the address designated within the estimated delivery time quoted by us. If the goods are not delivered within the estimated delivery time quoted by us, please contact the participating restaurant first. You may also contact us by telephone or email and we will try to ensure that you receive your order as quickly as possible. When reaching the physical address sent by you, if you do not open the door or respond to telephonic correspondence within 10 minutes, we reserve the right to leave the premises, and you will be charged for the Goods.

4. TRANSACTIONS INVOLVING ALCOHOL

Persons placing an order for alcohol from our Professional Partner must be aged 18 or over. Alcoholic beverages can only be sold and delivered to people aged 18 or over. By placing an order that includes alcohol, you confirm that you are at least 18 years old. We reserve the right to refuse to deliver any alcohol to any person who does not appear, or cannot prove they are aged 18 or over.

5. CANCELLATION

You have the right to cancel an order within a reasonable time and before the order becomes under process. A Professional Partner defines a late cancellation request (“Late Cancellation”) as any order which is cancelled after food has been used to start preparing the order. You can cancel an order by contacting the Professional Partner. Together with the Professional Partner, we will cancel any order and will share with you a cancellation email. You will not be charged for any orders cancelled in accordance with this clause. Any payment made prior to an order being cancelled will usually be reimbursed using the same method you used to pay for your order. Any Late Cancellation will be charged to you. Waynak shall have the full power to determine whether a cancellation qualifies as Late Cancellation or not.

6. USER GENERATED CONTENT

We are under no obligation to screen or monitor User Content, but may review User Content from time to time at our sole discretion to review compliance with these Terms of Use. We reserve the right, in our sole discretion, to reject, refuse to post or remove any User Content, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. We expressly reserve the right to remove or revoke your registration and/or restrict, suspend, or terminate your access to the Site if we determine, in our sole discretion, that you pose a threat to the Site and/or its Users. We assume no responsibility and no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content.

7. INTERNET DELAYS

WAYNAK’S SERVICE AND SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WAYNAK IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

8. LIMITATION OF LIABILITY

WAYNAK’S SERVICE AND SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WAYNAK IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

9. WAIVER

None of Waynak, the Professional Services, or the Professional Partners shall be responsible to the others for any delay, Internet Delays, under performance of the Professional Service, or any consequence arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.

10. INTELLECTUAL PROPERTY OWNERSHIP

The content of this Site, including without limitation, any trademarks, designs, logos, text, images, audio and video materials, is owned and/or licensed by us (the “Proprietary Material”). The Proprietary Material is protected under the applicable laws and under international treaties – in particular under copyright and trademark laws. Unauthorized use of the Proprietary Material may violate copyright, trademark and other laws. You have no right to use, reproduce, display or distribute the Proprietary Material. All rights with respect to the Proprietary Material remain our exclusive property. Any use or reproduction of the Proprietary Material (including our trademarks or logos) other than for private purposes without our express prior written consent is prohibited.

11. GENERAL

The Terms of Use shall be subject to and governed by the prevailing laws and regulations in Lebanon. You agree that any legal disputes or claims arising out or related to the Terms of Use and Private Policy shall be submitted to binding arbitration in Lebanon. Any dispute, controversy or claim arising out of or in relation to this Agreement, including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with the Lebanese Rules of Arbitration of the Lebanese Chambers of Commerce in force on the date when the notice of arbitration is submitted in accordance with these rules. The number of arbitrators shall be 3, the seat shall be in Beirut and the arbitral proceedings shall be conducted in Arabic.

12. CONTACT INFORMATION

If you have any questions relating to the present Terms of Use, comments, queries and requests, please get in touch with us by sending an email to hello@waynak.com . You can also write us at: Waynak Solutions S.A.L, Sausalito Building, Achrafieh Street, Beirut, Lebanon.