Terms & Condition

Terms & Condition

This agreement is made between BBESTONES ECOMMERCE PVT. LTD. (having FoodWingzy, FW as its facilitator/aggregator) as a Company 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 FW Mobile Application/online portal. FW 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. FW 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. Such modifications & additional terms and conditions will be effective immediately and incorporated into this agreement.

  • About
  • FW Application(App)/online portal rights reserved by BBestOneS Ecommerce Pvt Ltd, with the registered office being situated at Ahmedabad. FW is a service based application specifically designed to aid the user for enjoying varied delicacies available in the area of Ahmedabad and Other cities in India 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 FW. The main motto of FW is to create a bridge between the User and the third party restaurant, by delivering food items at the pinned/chosen address by the User.

  • Definitions
    1. Product Orders: We provide a way for you to communicate your orders ("Orders") for products ("Products") to delivery or takeaway restaurants ("Restaurants") displayed on the Website. The legal contract for the supply and purchase of Products is between you and the Restaurant that you place your Order with and we will conclude the sale of Products on behalf of, and agent for, the Restaurants in all cases.
    2. Agreement” is a reference to these Terms and Conditions, the Privacy Policy, any order form and payment instructions provided to you;
    3. “Privacy Policy” means the policy displayed on our Website which details how we collect and store your personal data;
    4. “You”, “your”, “yours”, “user” 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 “FW”;
    5. “We”, “us”, “our”, and “FW” are references to the Company;
    6. “Service” or “Services” is a reference to any service which we may supply and which you may request via our mobile application or Website;
    7. “Participating Restaurant” is a third party, which has agreed to co-operate with FW to prepare deliver Goods or Services.
    8. “Website” is a reference to our Website https://foodwingzy.com or our mobile applications, available on Play store, App store and other similar platforms, on which we offer our Delivery or Services.

  • HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
    1. Compiling your Order: Once you have selected the Products you wish to order from the menu of your chosen Restaurant and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the "proceed", "place my order" or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so you will be entering into a contract with the Restaurant and errors cannot be corrected (subject to “Ordering & Delivery” below).
    2. Amending or cancelling your Order: Once you have submitted your Order and your payment has been authorised, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund (please refer to “Payments-Refund-Cancellation” for details of the process relating to rejected Orders and refunding of payment). If you wish to change or cancel your Order, you may contact direct restaurant/placed order team as described in they will attempt to contact the Restaurant’s team in order to communicate your requests. However, there is no guarantee that we will be able to reach the Restaurant or that the Restaurant will agree to your requests aa/if they may have already started processing your Order.
    3. Payment authorization: Where any payment you make is not authorised, your Order will not be processed or communicated to the relevant Restaurant.
    4. Processing your Order and Restaurant rejections: On receipt of your Order, we will send it to the relevant Restaurant and will notify you by email that your Order has been received and is being processed. Please note that any confirmation page that you may see on the Website and any Order confirmation e-mail that you may receive each confirm that you have a contract for the sale of Products with a Restaurant but does not necessarily mean that your Order will be fulfilled by the Restaurant. We encourage all our Restaurants to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Restaurant rejects your Order. However, Restaurants have the ability to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. In doing so, Restaurants will be in breach of their agreement with you and any payment made in respect of the order will be returned to you in accordance with “Payments-Refund-Cancellation” below.
    5. Delivery of your Order: Estimated times for deliveries and collections are provided by the Restaurants and are only estimates. Neither we nor the Restaurants guarantee that Orders will be delivered or will be available for collection within the estimated times

  • DISCLAIMERS
    1. Allergy, dietary and other menu information: We try to accurately copy the item names, descriptions, prices, special offer information, heat and allergenic warnings and other information ("Menu Information") from the menus that are provided to us by Restaurants. However, it is the Restaurants that are responsible for providing this Menu Information and ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility. If you are in doubt about allergy warnings, contents of a dish or any other Menu Information, you should confirm with the Restaurant directly before ordering.
    2. Restaurant actions and omissions: The legal contract for the supply and purchase of Products is between you and the Restaurant that you place your Order with. We have no control over the actions or omissions of any Restaurants. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:

  • We do not give any undertaking that the Products ordered from any Restaurant through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
  • FW is not responsible or liable for third party materials included within or preparing food from the services.
  • Estimated times for deliveries and collections are provided by the Restaurants and are only estimates. Neither we nor the Restaurants guarantee that Orders will be delivered or will be available for collection within the estimated times.
  • We encourage all our Restaurants to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Restaurant rejects your Order. However, we do not guarantee that Restaurants will accept and fulfil all Orders, and Restaurants have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason.

  • PRICE & PAYMENT
    1. GST and delivery costs: Prices will be as quoted on the Website/Apps.. These prices include/exclude GST but may exclude delivery costs (if you opt for delivery instead of collection) and any administration or service charge imposed by the Restaurant. These will be added to the total amount due where applicable.
    2. Incorrect pricing: This Website contains a large number of menus and it is possible that some of the menus may include incorrect prices. If the correct price for an Order is higher than the price stated on the Website, we will normally contact you before the relevant Order is dispatched. In such an event, neither we nor the relevant Restaurant is under any obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
    3. Payment methods: Payment for Orders must be made by an accepted credit or debit card through the Website or in cash to the Restaurant at the point of delivery to, or collection by, you.
    4. Card payments: If you pay by credit or debit card, you may be required to show the card to the Restaurant at the time of delivery or collection as proof of identification and so that they can check that the card corresponds with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to fourteen (14) days to be deducted from your bank account or charged to your credit or debit card.
    5. Credit and discount vouchers: A credit or discount may apply to your Order if you use a promotional voucher or code recognized by the Website and endorsed by FW, and you pay for any balance by credit or debit card. Please refer to our Voucher’s T&Cs. for the full terms and conditions applicable to the use of credit and discount vouchers. Please note that because of standard banking procedures, your bank or card issuer will initially "ring-fence" the full amount of the Order (before any credit or discount) in your account for between 3 to 5 working days (or longer, depending on your bank or card issuer), and this amount will therefore be unavailable in your account for that period. The credit or discount will be applied at the time your bank or card issuer transfers the funds for your Order to us, at which point the credit or discounted amount will not be transferred to us and will instead be released by your bank or card issuer back into your available balance. You acknowledge and agree that neither we nor the relevant Restaurant will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
    6. Rejected Orders: Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, your bank or card issuer will "ring-fence" the full amount of your Order. If your Order is subsequently rejected by the Restaurant (as described in “Payments-Refund-Cancellation” below) or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Restaurant will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.

  • CUSTOMER CARE
    1. General: Customer care is extremely important to us. Subject to paragraphs 6.5 and 11, our Customer Care team will therefore try to assist you where possible if you have any problems with your Order. You can contact our Customer Care team by clicking or selecting the "contact us", "Help" or similar button or by calling the telephone number shown on the Website.
    2. Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order, you can contact our Customer Care Team as described above and one of our Customer Care Advisers will attempt to contact the Restaurant in order to follow up on your query.
    3. Changing or cancelling your Order: If you wish to change or cancel your Order after it has been submitted and payment has been authorised, you may contact our Customer Care team as described above and they will attempt to contact the Restaurant in order to communicate your requests. However, there is no guarantee that we will be able to reach the Restaurant or that the Restaurant will agree to your requests as they may have already started processing your Order.
    4. Complaints or feedback: In the event that you are dissatisfied with the quality of any Products or the service provided by a Restaurant, please consider providing feedback in the form of ratings, comments and reviews on the Website (together, "Reviews") to reflect your experience. The Reviews are an important part of our quality control process.
    5. Compensation: If you are dissatisfied with the quality of any Products or the service provided by a Restaurant and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the Restaurant directly to lodge your complaint and, where appropriate, follow the Restaurant's own complaint procedures. If you are unable to contact the Restaurant, or the Restaurant refuses to deal with your complaint, you can contact our Customer Care Team as described above within 48 hours of placing your Order and one of our Customer Care Advisers will attempt to contact the Restaurant in order to request compensation on your behalf. Please note, however, that the legal contract for the supply and purchase of Products is between you and the Restaurant that you place your Order with. We have no control over Restaurants and the quality of the Products or service that they provide, and we not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Restaurant.

  • TERMS FOR THE SERVICES
  • Subject to your compliance with these Terms, FW 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 FW 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 FW 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 FW 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. FW 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 FW at any time.
  • FW 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, FW cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.

  • ORDERING & 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.
  • FW does not own, sell, resell, prepare or cook the food items and other allied goods nor does FW 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 FW. 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 – 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. FW will not responsible to make any changes or cancellation refund of your Order.
  • FW 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 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 FW 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, FW 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 FW 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 FW, which is due to the Participating Restaurant, your payment obligation to the Participating Restaurant for such amounts is completed, and FW 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.
  • 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 FW. You agree to pay FW for the order placed by you on the Platform, in accordance with these Terms, using of the methods described above. You hereby authorize the collection of such amounts by charging the credit card/payment gateway provided as part of requesting the booking, either directly by FW or indirectly, via a third party online payment processor or by one of the payment methods described on the Platform. If you are directed to our third- party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the Platform services. Once your booking is confirmed and transaction is complete, you will receive a confirmation email summarizing your confirmed booking.
  • The final bill will be issued by the Participating Restaurant to the you along with the order and FW 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. FW 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.

  • GOVERNING LAW & JURISDICTION
  • FW is bound by all applicable and prevailing laws in India, only. FW 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.

  • VISITOR MATERIAL AND REVIEWS
    1. General: Other than personally identifiable information, which is covered under our Privacy Policy, any material you post, upload or transmit or upload to the Website (including without limitation Reviews) ("Visitor Material") will be considered non-confidential and non-proprietary. By posting, uploading or transmitting any Visitor Material, you represent and warrant that you own or otherwise control all of the rights to such Visitor Material. You agree that we will have no obligations with respect to any Visitor Material, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any Visitor Material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.
      • You represent and warrant that that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in.
    2. Visitor Material Policy: You are prohibited from posting, uploading or transmitting to or from the Website any Visitor Material (including any Reviews) that:
      • breaches any applicable local, national or international law;
        is unlawful or fraudulent;
        amounts to unauthorized advertising; or contains viruses or any other harmful programs.
    3. Visitor Reviews Policy: In particular (but without limitation), any Reviews that you submit through the Website must not:
      • contain any defamatory, obscene or offensive material;
        promote violence or discrimination;
        infringe the intellectual property rights of another person;
        breach any legal duty owed to a third party (such as a duty of confidence);
        promote illegal activity or invade another's privacy;
        give the impression that they originate from us; or be used to impersonate another person or to misrepresent your affiliation with another person.
        Children under the age of majority should review this Agreement with their parent or guardian to ensure that the child and parent or legal guardian understand it.
    4. Removal of Reviews: The prohibited acts listed in paragraphs are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the Website that we determine breaches a prohibition in above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.
    5. Use of Reviews: The Reviews and other Visitor Material contained on the Website are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the Website or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
    6. Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by a Restaurant or any other third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 9.
    7. Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.

      • Apple/Android is not involved or responsible with the promotion
        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 sign up/sign in/order 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.