Terms & Condition
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", "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 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" 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 Restaurants and for both of which our Participating Restaurants 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.
Terms for the services
- Subject to your compliance with these Terms, Foodwingzy™ grants you a non- exclusive 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.
Ordering and Delivery
- 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 restaurants output. If there is any problem in food quality or wrong item delivered then the User will have to contact the Participating Restaurant 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. 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 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 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 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.
Payments, Refund and Cancellation
- In the unlikely event that the Participating Restaurant 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 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.
- You must notify the participating restaurant 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/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 has accepted your cancellation, we will refund or re-credit your debit or credit card or the netbanking 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’s payment agent for the limited purpose of accepting payments from you and on behalf of the Participating Restaurant. Upon your payment of the specified amount to Foodwingzy™, which is due to the Participating Restaurant, your payment obligation to the Participating Restaurant for such amounts is completed, and Foodwingzy™ is responsible for remitting such said amount, to the Participating Restaurant. You shall not, under any circumstances whatsoever, make any payment directly to the Participating Restaurant for order bookings made using this Platform.
- The final bill will be issued by the Participating Restaurant to the you along with the order and Foodwingzy™ is merely collecting the payment on behalf of such Participating Restaurant. 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. 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.
- The prices reflected on the Platform are determined solely by the Participating Restaurant and are listed based on Participating Restaurant’s information. Very rarely, prices may change at the time of placing order due to Participating Restaurant changing the menu price without due intimation and such change of price are at the sole discretion of the Participating Restaurant attributing to various factors beyond control.
Complaints and redressal
- 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
Governing law and jurisdiction
- 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.
- Apple is not involved or responsible with the promotion
- *if, mentioned address are not correct/match with given ‘area’ location, in that case FW will not responsible for Delivery in wrong address.
- Our Services are available for your use in India only.
- 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.
- 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.
Foodwingzy™ Application(App)/online portal rights reserved by BBestOneS Ecommerce Pvt Ltd, with the registered office being situated at Ahmedabad. 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 restaurants, who are specifically affiliated to Foodwingzy™. The main motto of Foodwingzy™ is to create a bridge between the User and the third party restaurant, by delivering food items at the pinned address by the User.