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© Copyright 2017 Foodwingzy | All Rights Reserved
This agreement is made between BBESTONES ECOMMERCE PVT. LTD. (having FOODWINGZY™ as its trade name) and the User ("You"), the individual.
The terms and conditions laid down below are bound to any and every user who agrees to use/avail such goods and services provided by FoodWingzy™ Mobile Application/online portal. FoodWingzy may from time to time amend, add or delete any such term or conditions as it deems fit, for the efficient operation of the business, without any prior notice and the amended, added or deleted terms and /or conditions shall also be bound on the user. FoodWingzy™ may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason and without any prior notice. You are still responsible for maintaining the fully responsible for all activities that occur under your under name/account.
FoodWingzy™ Application(App)/online portal rights reserved by BBestOneS Ecommerce Pvt Ltd, with the registered office being situated at Ahmedabad, Gujarat.INDIA.
FoodWingzy™ is a service based application specifically designed to aid the user for enjoying varied delicacies available in the city of Ahmedabad by ordering and getting a delivery of the food item and also other allied products from the third-party Restaurant/Outlet/Sellerss, who are specifically affiliated to FoodWingzy™. The main motto of FoodWingzy™ is to create a bridge between the User and the third-party Restaurant/Outlet/Sellers, by delivering food items at the pinned address by the User.
"You", "your" and "yours" are references to you the person accessing this Website and ordering any Goods or Services from the Website or from any other channel provided by "FoodWingzy™".
"We", "us", "our", and "FoodWingzy™" are references to the Company.
"Goods" is a reference to any goods that the Participating Restaurant/Outlet/Sellers offer for sale which are displayed on our mobile application/website from time to time.
"Service" or "Services" is a reference to any service which we may supply and which you may request via our mobile application or Website.
"Participating Restaurant/Outlet/Sellers" is a third party, which has agreed to co-operate with FoodWingzy™ to prepare deliver Goods or Services.
"Food Delivery" is a reference to perishable goods and to any form of delivery service, which both are provided by our Participating Restaurant/Outlet/Sellerss and for both of which our Participating Restaurant/Outlet/Sellerss take full responsibility of; and
"Website" is a reference to our Website https://www.foodwingzy.com or our mobile applications, available on Play store, App store and other similar platforms, on which we offer our Goods or Services.
Subject to your compliance with these Terms, FoodWingzy™ grants you a nonexclusive and non-transferable single user license to download and install one/single copy of the application with only one User ID to your mobile device or tablet or computer, and to access and use the services, solely for your own personal use.
You shall not do the following things: (a) copy, modify or distribute the application for any purpose whatsoever; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the services to any third party; (c) make the functionality of the services available to multiple users through any means; or (d) use the service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms.
The User must be at least 18 years of age in order to obtain an Account. Account registration requires you to submit to FoodWingzy™ certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (Payment Gateway/Payment partner).
For all the personal and general information collected about you from yourself for creating a User ID and a password for creating a User account in order to gain access to our services, shall be true, correct and accurate and if any such discrepancies are found in such information then FoodWingzy™ may at any point of time cancel or suspend such account without prior notice. Also, if any such loss or damage is caused to the user for providing such wrongful and deceiving information then the User will be solely held responsible for any loss or damage caused to them and no claims regarding such damage shall be entertained by FoodWingzy at any cost.
You authorize us to use, store or otherwise process your personal information in order to provide the Food Delivery, Goods or Services to you and for marketing and credit control purposes (the "Purpose"). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Food Delivery, Goods or Service to you. However, we will always take steps to ensure that your information is treated in accordance with this policy.
You will be solely held responsible for safeguarding your password of the User account and also for any and every activity or actions happening under your account. FoodWingzy™ will not be held responsible for any loss or damage caused to you due to your negligence in complying with the terms in this respect, whatsoever.
By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from FoodWingzy™ at any time.
FoodWingzy has taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, FoodWingzy™ cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
Termination: You can terminate your Account at any time by deactivating your Account or by providing notice of termination to us. If you breach any of these Terms, FoodWingzy™ will have the right to suspend, disable or terminate your access to or use of the Services, at its sole discretion and without prior notice to you. FoodWingzy™ will not be liable to you or any third party for termination of your access or use of the Services. Any suspension or termination will not affect your obligations to FoodWingzy™ under these Terms (including, without limitation, ownership, confidentiality, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension or termination.
Food Delivery, Goods and Services ordered from this Website are intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.
FoodWingzy™ does not own, sell, resell, prepare or cook the food items and other allied goods nor does FoodWingzy™ control the participating Restaurant/Outlet/Sellers output. If there is any problem in food quality or wrong item delivered then the User will have to contact the Participating Restaurant/Outlet/Sellers directly.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but at the time of some unaccounted circumstances we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the App/Website.
Any order that you place with us is subject to product availability, delivery capacity and acceptance by us and the Participating Restaurant/Outlet/Sellers. When you place your order online, we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. You must inform us immediately if any details are incorrect. The fact that you receive an automatic confirmation does not necessarily mean that either the Participating Restaurant/Outlet/Sellers or we will be able to fill your order. Once we have sent the confirmation email we will check availability and delivery capacity.
If the ordered Food Delivery and delivery capacity is available, the Participating Restaurant/Outlet/Sellers will accept the contract and confirm it to FoodWingzy™. If the details of the order are correct, the contract for the Food Delivery, Goods or Services will be confirmed via a text message (SMS)/Notification to the concerned User’s contact No.
The confirmation message will specify delivery details including the ‘approximate’ delivery time specified by the Participating Restaurant/Outlet/Sellers and confirm the price of the Food Delivery, Goods and Services ordered. We will not be held responsible for any delay in the delivery for whatever reasons that prevail.
You shall undertake to provide adequate directions, information and authorizations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time due to your failure to provide adequate and appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in this relation to such goods shall pass to you and you shall not be entitled to claim any damage or loss or loss of profit under any circumstances. Our responsibility ends as soon as the order is delivered to you.
In the unlikely event that the Participating Restaurant/Outlet/Sellers delivers a wrong item, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing item. If the Participating Restaurant/Outlet/Sellers can only do a partial delivery (a few items might be not available), its staff should inform you or propose a replacement for missing items. You have the right to refuse a partial order before delivery and get a refund. We are not responsible for wrong or partial delivery. The issue has to be settled directly with the Participating Restaurant/Outlet/Sellers.
You must notify the participating Restaurant/Outlet/Sellers immediately if you decide to cancel your order, preferably by phone, and quote your order number. There will be no Refund/Cancellation/Edit/Change once Order has been received by Restaurant/Outlet/Sellers/s. FoodWingzy™ will not responsible to make any changes or cancellation refund of your Order.
FoodWingzy™ may cancel a contract if the product is not available for any reason and a notification will be sent you along with refund of any payment you have made.
If the cancellation was made in time and once the Restaurant/Outlet/Sellers has accepted your cancellation, we will refund or re-credit your debit or credit card or the net banking or any other gateway used by you, with the full amount not before three business days, which includes the initial delivery charge (where applicable) which you paid for the delivery of the Goods or the Services, as applicable.
All payments made against the purchases/services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of booking an order; or You understand, accept and agree that the payment facility provided by FoodWingzy™ is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and payment gateway networks. Further, by providing payment facility, FoodWingzy™ is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
You acknowledge and agree that FoodWingzy™ act as the Participating Restaurant/Outlet/Sellers’s payment agent for the limited purpose of accepting payments from you and on behalf of the Participating Restaurant/Outlet/Sellers. Upon your payment of the specified amount to FoodWingzy™, which is due to the Participating Restaurant/Outlet/Sellers, your payment obligation to the Participating Restaurant/Outlet/Sellers for such amounts is completed, and FoodWingzy™ is responsible for remitting such said amount, to the Participating Restaurant/Outlet/Sellers. You shall not, under any circumstances whatsoever, make any payment directly to the Participating Restaurant/Outlet/Sellers for order bookings made using this Platform.
In connection with your order, you will be asked to provide customary billing information such as name, billing address and credit card/payment gateway information either to our third-party payment processor or FoodWingzy™. You agree to pay FoodWingzy™ for the order placed by you on the Platform, in accordance with these Terms, using of the methods described above. You
The final bill will be issued by the Participating Restaurant/Outlet/Sellers to the you along with the order and FoodWingzy™ is merely collecting the payment on behalf of such Participating Restaurant/Outlet/Sellers. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Participating Restaurant/Outlet/Sellers. FoodWingzy™ holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes lies on you and shall be directly settle with the Participating Restaurant/Outlet/Sellers. FoodWingzy™ is just an aggregator/faciliatory between buyer and seller.
The prices reflected on the Platform are determined solely by the Participating Restaurant/Outlet/Sellers and are listed based on Participating Restaurant/Outlet/Seller’s information. Very rarely, prices may change at the time of placing order due to Participating Restaurant/Outlet/Sellers changing the menu price without due intimation and such change of price are at the sole discretion of the Participating Restaurant/Outlet/Sellers attributing to various factors beyond control.
FoodWingzy™ takes complaints on performance of delivery very seriously and aims to respond to your complaints within 5 business days. All complaints should be addressed to firstname.lastname@example.org
FoodWingzy is bound by all applicable and prevailing laws in India, only. FoodWingzy™ will operate, for now and subject to future change.
For any dispute or claim brought up by a User will be subject to Ahmedabad jurisdiction only. Alternate Dispute Mechanism is given a preference over the traditional court procedures regarding any claim or dispute for settling the matter.
Our address falling in the defined delivery area of the city only. If, mentioned address are not correct/match with given ‘area’ location, in that case FW will not responsible for Delivery in wrong address.
Using our Services and accessing your Content requires an Apple ID. An Apple ID is the account you use across Apple’s ecosystem. Your Apple ID is valuable, and we are responsible for maintaining its confidentiality and security. Apple is not responsible for any losses arising from the unauthorized use of your Apple ID. Please contact Apple if you suspect that your Apple ID has been compromised.
Age criteria and Other guidelines/rules/conditions
You must be age 18 (in the registration process) to create an Apple ID and use our Services. Apple IDs for persons under this age can be created by a parent or legal guardian using Family Sharing or by an approved educational institution.
The Services will recommend Content to you based on your downloads, purchases and other activities. You may opt out from receiving such recommendations in your account settings.
Some recommendation features may require your permission before they are turned on. If you turn on these features, you will be asked to give Apple permission to collect and store certain data, including but not limited to data about your device activity, location, and usage. Please carefully read the information presented when you turn on these features.
Getting link of app download
The user agrees to receive both promotional and transactional messages on registering with Foodwingzy.
This agreement is made between BBESTONES ECOMMERCE PVT. LTD. (having FOODWINGZY™ as its trade name) and the User ("You"), the individual. FoodWingzy™ collects information about you when you use our mobile application/websites and through other interactions and communications you have with us. By visiting and/or ordering services on this Website, you agree and, where required, consent to the collection, use and transfer of your information as set out in this policy.
Offering consumer choices as to how their information is used beyond the purpose for which the information was provided.
Offering consumer reasonable access to their information and an opportunity to correct inaccuracies.
Taking reasonable steps to protect the security and integrity of the personal information.
We collect personal information from you when you order goods or services from us via our App/Website. We also collect information when you complete any customer survey. App/Website usage information may also be collected using cookies (as defined below). FOODWINGZY™ will collect information that personally identifies you and/or your location, where required (this may include your name, email address, home address, telephone number, geolocation, etc.), but only when you voluntarily give it to us.
We collect this information exclusively to carry out the functions offered on the App/Website and to provide you with offers and information about FOODWINGZY™ and other services we think you may be interested in. We might collect this personal information through: online food ordering; entry into competitions; subscribing to our newsletter; creating a user account; sending 'contact us' messages or other correspondence through the Website; or through advertising, research and direct marketing.
If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, our new business partners or owners or their advisors.
We may use the information that you provide to us if we are under a duty to disclose or share your information in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation; or in order to enforce our Website Terms and any other agreement; or to protect the rights of FoodWingzy™, Participating Restaurants or others. This includes exchanging information with other companies and other organizations for the purposes of fraud protection and prevention.
Please be aware about the fact that we do not control the acts of Participating Restaurants and other affiliated parties. All the customers and visitors should be fully aware of that, when they disclose personal information such as their actual name, mobile No., e-mail address, etc. to third parties, the information may be collected and used by others to send that person unsolicited e-mail from other parties, outside of FoodWingzy™. In the event that you can contact us, by emailing us at email@example.com, by mentioning the name of the Participating Restaurant who is engaged in the activity of collecting and using personal information improperly.
Cookies are small pieces of information saved by your browser.
Cookies are used to record various aspects of your visit and assist us in providing you with uninterrupted service.
Cookies may be set in your browser by us when you access the Platform or may be set in when you visit Third Party websites. This anonymous information is maintained distinctly and is not linked to the Personal Information that you submit to us.
FoodWingzy™ respects the intellectual property rights of others and expects its users to do the same. It is our policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights. Reporting Instances of Intellectual Property Violations:
To file a notice of infringement with FoodWingzy™ you must provide a written communication (by email or regular mail) that sets out the information specified in the list below. Please note that you will be liable for damages (including costs and lawyer's fees) if you materially misrepresent that material is infringing your intellectual property right(s). Accordingly, if you are not sure if you are the proprietor of the intellectual property right(s), we suggest that you first contact a lawyer.