About
IWI Application (App)/online portal rights reserved by
BBestOneS E-Commerce Pvt Ltd, with the registered office being situated at
Ahmedabad. IWI 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 IWI. The main motto of IWI 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
- Product Orders:We provide a way for you to communicate your orders ("Orders") for products ("Products") to delivery or takeaway from business ("food store/grocery store/fruits & vegetables") 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.
- Agreement” is a reference to these Terms and Conditions, the Privacy Policy, any order form and payment instructions provided to you;
- Privacy Policy” means the policy displayed on our Website which details how we collect and store your personal data;
- “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 “IWI”;
- “We”, “us”, “our”, and “IWI” are references to the Company;
- “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 IWI to prepare deliver Goods or Services.
- “Website” is a reference to our Website https://iWiNGZY.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
- 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).
- Amending or cancelling your Order: Once you have submitted your Order and your payment has been authorized, 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.
- Payment authorization: Where any payment you make is not authorized, your Order will not be processed or communicated to the relevant Restaurant.
- 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" bellow?
- 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
- 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.
- 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.
IWI 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
- 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.
- 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.
- 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.
- 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 or collection/take away 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.
- 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 IWI, 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.
- 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
*email us on: care@iwingzy.com
- 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.
- 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.
- 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.
- 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.
- 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, IWI 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 IWI 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 IWI 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 IWI 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. IWI 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 IWI at any time.
IWI 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, IWI 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.
IWI does not own, sell, resell, prepare or
cook the food items and other allied goods nor does IWI 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 IWI. 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.