WakaEat Global Terms of Use

WakaEat LLC and its affiliates and local operating entities (“WakaEat,” “we,” “us,” or “our”) operate technology and marketplace services that connect customers with restaurants, chefs, vendors, delivery partners and other participating businesses. The WakaEat entity that contracts with you may vary by country, service or market and will be identified in your checkout, account, agreement, invoice or applicable local terms.

WakaEat provides technology that can support discovery, ordering, payment, delivery coordination, communication, support and related marketplace services. Unless expressly stated otherwise in a specific service or local term, WakaEat is not the restaurant or food preparer. Vendors are responsible for their food and business operations, and Riders/Delivery Partners provide delivery or logistics services subject to their agreement with WakaEat or the applicable contracting entity and applicable law.

These Terms apply worldwide. Some products, countries, states, cities, roles, promotions or services may have additional terms, agreements, disclosures or privacy notices. Those local or service-specific terms form part of your agreement with WakaEat when presented to you.

If a local law or local term gives you a right or protection that cannot lawfully be waived, that law or term controls to the extent of the conflict. Nothing in these Terms is intended to limit mandatory consumer, privacy, worker, accessibility, food-safety or other legal rights.

• You must meet the minimum age and other eligibility requirements that apply to the WakaEat service you use. WakaEat services are generally intended for adults unless a specific service is lawfully designed for minors and its local terms say otherwise.
• Provide information that is accurate, complete and current, and update it when it changes.
• Keep your account credentials secure and promptly report suspected unauthorized access.
• Do not create false, duplicate, fraudulent or impersonated accounts, or transfer access to another person.
• WakaEat may use identity, business, fraud and safety verification providers, including providers such as Didit, to verify identity, business credentials, liveness, document authenticity or other eligibility signals. Verification requirements may differ by role and market.

• You may browse available Vendors, place orders, select delivery or pickup where offered, pay applicable charges, communicate with support and submit ratings or feedback.
• Review the items, prices, address, contact information and delivery instructions before submitting an order.
• Food descriptions, ingredients, allergens, preparation methods, portion sizes, availability and other item information are generally supplied by the Vendor and may vary.
• Provide an accurate delivery address and reasonable access so an order can be completed.
• Do not use WakaEat for fraud, payment abuse, chargeback abuse, account sharing, harassment or unlawful activity.

Vendors may be subject to a separate Merchant Agreement, commission schedule, payout rules, onboarding requirements or market-specific terms. Those documents govern matters specific to the Vendor relationship.

• Maintain all licenses, permits, registrations, food-safety approvals, tax registrations and insurance required for your business and location.
• Provide truthful business information and keep menus, prices, taxes, hours, availability, ingredients and allergen information accurate.
• Prepare, package and hand off orders safely and in accordance with applicable food, health, labeling and consumer-protection requirements.
• Do not list prohibited, restricted or unlawful goods or services.
• Do not use Customer information obtained through WakaEat for unrelated marketing, resale, harassment, profiling or other unauthorized purposes.
• Follow reasonable platform, delivery-partner access, sanitation and premises requirements that apply to your market.

WakaEat does not require a recurring Vendor subscription under its standard marketplace model unless a separate commercial agreement expressly provides otherwise.

• Riders/Delivery Partners may accept delivery opportunities subject to availability, eligibility requirements, their Delivery Partner Agreement and applicable law.
• Complete WakaEat’s applicable identity and eligibility verification and provide accurate information.
• Maintain any license, registration, vehicle, insurance, equipment, training or other requirements applicable to the chosen delivery mode and jurisdiction.
• Handle orders carefully, do not tamper with or consume Customer orders, and follow pickup and delivery instructions.
• Use only your authorized account and do not share, sell or lend access to your Rider account.
• Comply with applicable traffic, safety, worker, tax, licensing and other laws.
• WakaEat may require additional safety or background screening where required by law, insurance, payment partners, customer or merchant safety requirements, or a market-specific onboarding policy.

WakaEat does not require a recurring Rider subscription under its standard marketplace model unless a separate commercial agreement expressly provides otherwise.

Except where prohibited or changed by local law, 100% of Customer tips expressly designated for a Rider are intended to be passed through to that Rider and are not treated as WakaEat platform revenue.

WakaEat, Vendors and Riders are separate parties to the marketplace. Nothing in these Terms creates a partnership, joint venture, franchise, agency, employment relationship or fiduciary relationship unless a separate agreement or applicable law provides otherwise.

The classification of a Vendor or Rider depends on applicable law and the actual relationship, not solely on the label used in a contract or these Terms. Vendors and Riders remain responsible for their own business expenses, filings and taxes to the extent required by law.

• An order request is not a guarantee that a Vendor or Rider will accept the order.
• A Vendor may accept, reject or cancel an order in accordance with the Platform workflow and applicable law.
• Delivery availability, service areas, ETAs, routing and fees may change because of demand, distance, weather, traffic, safety, capacity or other operational conditions.
• ETAs are estimates unless a service or local law expressly provides otherwise.
• WakaEat may use independent Riders, third-party logistics providers or other delivery partners depending on the market and service.

The charges you see may include item prices, delivery fees, service or platform fees, applicable taxes, tips, promotions, cancellation charges and other lawful charges. Amounts can vary by market, distance, order type, promotion and other disclosed factors.

• Applicable taxes are calculated based on the transaction, location, item or service classification, fee type and applicable law.
• Where marketplace rules require WakaEat to collect or remit a tax, WakaEat may collect and remit that tax. Taxes collected for a government authority are not WakaEat revenue.
• Vendors and Riders remain responsible for their own income, business and other taxes unless WakaEat or applicable law requires WakaEat to collect or withhold a tax.
• Tips are separate from WakaEat service and delivery fees. Unless local law or local terms state otherwise, tips designated for Riders are passed through to the applicable Rider.
• Payout timing can depend on payment processing, settlement, verification, refunds, chargebacks, reserves and local payment rules.

WakaEat may use third-party payment and payout providers, including Stripe, Flutterwave and market-specific providers. Payment credentials may be collected and processed directly by those providers under their terms and privacy notices. By submitting payment information or authorizing a transaction, you authorize WakaEat and its payment providers to process amounts due under these Terms and your transaction.

• Do not use stolen, unauthorized or fraudulent payment methods.
• Chargebacks, payment reversals or other payment disputes may result in restrictions, offsets or recovery actions where permitted by law and the applicable payment arrangement.

Cancellation and refund eligibility depends on the order stage, the reason for the issue, the applicable WakaEat refund policy and mandatory local law.

• An order may generally be cancelled before Vendor acceptance without a food-preparation charge, subject to market-specific rules.
• After preparation, pickup or dispatch has begun, a cancellation may result in a charge for costs already incurred, where lawful.
• Report missing, incorrect, damaged, unsafe or materially delayed orders promptly through WakaEat support.
• WakaEat may issue a refund, credit, partial refund or other remedy after reviewing the circumstances and applicable law.
• WakaEat may deny claims that are fraudulent, abusive or unsupported where permitted by law.

Promotions, credits, referral programs, memberships and other offers may have separate eligibility, geographic, expiration, redemption and cancellation terms that will be shown with the offer. WakaEat may introduce paid memberships or subscriptions in the future; any applicable price, renewal and cancellation terms will be disclosed before enrollment.

Vendors are responsible for food safety, sanitation, packaging, labeling and allergen disclosures required by law. WakaEat does not independently guarantee that a menu item is free of allergens or suitable for a particular dietary need. Customers should review available information and contact the Vendor when additional clarification is needed.

Age-restricted, alcohol, tobacco, cannabis, medicines and other regulated products may be unavailable in some markets or require additional licensing, verification, delivery controls and separate terms. WakaEat may restrict or remove products or Vendors that present legal, safety or quality concerns.

WakaEat may use identity verification, liveness checks, device signals, business verification, fraud controls, account monitoring and other safety measures. These measures may be performed by WakaEat or by service providers such as identity, payment, fraud, cloud or communications vendors.

• False information, identity theft, document manipulation, account sharing, payment fraud, delivery abuse, review manipulation and similar deceptive conduct are prohibited.
• WakaEat may suspend or limit an account while investigating a suspected safety or fraud issue, subject to applicable law.
• Where automated systems are used, applicable laws may provide rights to information, human review, appeal or other safeguards.

• WakaEat may contact you through the Platform, email, SMS, push notification or phone for service, security, support and administrative purposes. Marketing communications are subject to applicable consent and opt-out rules.
• Calls or support interactions may be recorded or monitored for quality, training, safety, fraud prevention or legal compliance where permitted and with any notice or consent required by law.
• You may submit ratings, reviews, photos, messages, suggestions and other content only if you have the necessary rights to do so.
• Do not submit unlawful, threatening, deceptive, defamatory, infringing, hateful or sexually explicit content.
• You grant WakaEat a non-exclusive, worldwide, royalty-free license to host, reproduce, display and use submitted content as reasonably necessary to operate, improve, promote and protect the Platform, subject to applicable law and your privacy rights.

WakaEat and its licensors own the Platform, software, designs, trademarks, graphics, content and other intellectual property, except for third-party materials and content owned by users or Vendors. Subject to these Terms, WakaEat grants you a limited, non-exclusive, non-transferable right to access and use the Platform for its intended purpose.

• Do not copy, scrape, reverse engineer, decompile, resell, frame, mirror or create derivative works from the Platform except where applicable law expressly permits it.
• Do not use WakaEat trademarks or branding without written authorization.

WakaEat processes personal information as described in the WakaEat Global Privacy Notice. That notice explains the categories of information collected, purposes of processing, sharing, international transfers, rights and jurisdiction-specific choices. By using the Platform, you acknowledge the Privacy Notice to the extent permitted by applicable law.

The Platform may integrate with third-party services, including payment providers, identity verification providers, maps, analytics, cloud infrastructure, messaging and support tools. Those services may have separate terms and privacy notices. WakaEat is not responsible for third-party services outside WakaEat’s reasonable control.

To the maximum extent permitted by law, the Platform and related services are provided on an “as available” and “as is” basis. WakaEat does not guarantee uninterrupted availability, error-free operation, exact delivery times, continuous Vendor availability or availability of any particular item or location.

Nothing in these Terms excludes or limits warranties, rights or remedies that cannot lawfully be excluded or limited in your jurisdiction.

To the maximum extent permitted by applicable law, WakaEat will not be liable for indirect, incidental, special, exemplary, punitive or consequential damages arising from or related to the Platform, including lost profits, lost data or business interruption.

Where liability cannot be excluded, it will be limited to the extent permitted by law. Any monetary cap or other limitation that applies in a particular market will be set by applicable local terms and mandatory law.

To the extent permitted by law, you agree to defend, indemnify and hold harmless the applicable WakaEat entity and its officers, directors, employees and agents from third-party claims, losses, liabilities, costs and expenses arising from your unlawful use of the Platform, fraud, negligence, material breach of these Terms or violation of another person’s rights, except to the extent caused by WakaEat’s own unlawful conduct or where such indemnification is prohibited.

• WakaEat may suspend, restrict or terminate access when reasonably necessary to protect users, Vendors, Riders, the Platform, payment systems, safety or compliance, or when you violate these Terms or applicable law.
• Where appropriate and legally permitted, WakaEat may provide notice and an opportunity to appeal, cure or review the decision.
• You may stop using the Platform or request account closure through available account or support channels.
• Provisions that by their nature should survive termination will continue to apply, including payment obligations, intellectual property, privacy obligations, dispute provisions and lawful record-retention requirements.

The law, dispute process, court or arbitration forum applicable to your use of WakaEat depends on your location, the applicable WakaEat contracting entity, the service used and any local terms presented to you. WakaEat will not use this global Terms document to waive rights that local law makes non-waivable.

Where arbitration, mediation, small-claims procedures, consumer tribunals or specific courts apply, the applicable regional or country terms will identify those procedures, including any required notice and opt-out rights.

WakaEat may change the Platform, service areas, features, fees, policies and these Terms. When applicable law requires advance notice, consent or another process for a material change, WakaEat will follow that process. The “Last Updated” date will appear at the top of the published Terms.

• Severability: if a provision is invalid or unenforceable, it will be modified or severed only to the minimum extent necessary.
• No waiver: failure to enforce a provision does not waive future enforcement.
• Assignment: WakaEat may assign these Terms in connection with a merger, acquisition, financing, reorganization or sale of assets. You may not assign your rights except as permitted by law.
• Entire agreement: these Terms, the Privacy Notice, applicable local or service-specific terms and any separate commercial agreements form the agreement governing the applicable service.
• Force majeure: WakaEat is not responsible for delay or failure caused by events beyond its reasonable control, subject to applicable law.

• General Support: support@wakaeat.com
• Privacy: privacy@wakaeat.com
• Legal Notices: legal@wakaeat.com
• Website: https://www.wakaeat.com/

By accessing or using WakaEat, you acknowledge that you have read and understood these Terms and agree to be bound by the provisions that apply to you and the service you use.