1. Acceptance of Terms
Thank you for using Woosh and The WooshFood Platform (collectively known as „Woosh“). These Terms of Service (the „Terms“) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Woosh website at www.wooshfood.com (the „Site“) and any related mobile or software applications („WooshFood Platform“) including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the „Services“).
Please read these Terms carefully. By accessing or using the Woosh Platform, you are agreeing to these Terms and concluding a legally binding contract with Woosh its parent company, and/or affiliates (hereinafter collectively referred to as „Woosh“). You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Woosh Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.
In order to use the Services, you must first agree to the Terms. You can accept the Terms by:
- Clicking to accept or agree to the Terms, where it is made available to you by Woosh inthe user interface for any particular Service; or
- Actually, using the Service (s). In this case, you understand and agree that Woosh will treat your use of the Services as acceptance of the Terms from that point onwards.
Customer – „Customer“ or „You“ or „Your“ refers to you, as a customer of the Services. A customer is someone who accesses or uses the Services for the purpose of ordering, sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services.
Content – „Content“ will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, mobile data, and all other forms of information or data. „Your content“ or „Customer Content“ means content that you upload, share, or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile. „Woosh Content“ means content that Woosh creates and makes available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third-Party Content. „Third Party Content“ means content that comes from parties other than Woosh or its Customers and is available on the Services.
Restaurant(s) – „Restaurant“ means the restaurants listed on the WooshFood Platform.
Merchant(s) – Merchant means the merchant(s) listed on the WooshFood Platform and offering its food & beverage products (defined herein below) to the Customers.
3. Eligibility to use the Service
You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
Compliance with Laws – You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(s).
4. Change to the Terms
Woosh may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of the Woosh Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.
5. Translation of the Terms
Woosh may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with Woosh. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail over others.
6. Provision of Services being offered by Woosh
Woosh is constantly evolving in order to provide the best possible experience and information to its customers. You acknowledge and agree that the form and nature of the Services which Woosh provides, may require affecting certain changes in it, therefore, Woosh reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.
We, the software, or the software application vendor that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application Merchant, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
You acknowledge and agree that if Woosh disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account. In our effort to continuously improve the WooshFood Platform and Services, we undertake research and conduct experiments from time to time on various aspects of the Services and offerings, including our apps, websites, user interface and promotional campaigns. As a result of which, some Customers may experience features differently than others at any given time. This is for making the WooshFood Platform better, more convenient and easier to use, improving Customer experience, enhancing the safety and security of our services and offerings and developing new services including features and functionality.
7. By using Woosh’s Services you agree to the following disclaimers:
- The Content on these Services is for informational purposes only. Woosh disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Woosh reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Woosh does not guarantee the quality of the Goods, the prices listed in menus or the availability of all menu items at any Restaurant/Merchant. Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to Woosh. Please email a takedown request (by using the „Contact Us“ link on the home page) to the webmaster if you are the copyright owner of any Content on these Services and you think the use of the above material violates Your copyright in any way. Please indicate the exact URL of the webpage in your request. All images shown here have been digitized by Woosh. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Woosh.
- Any certification, licenses or permits („Certification“) or information in regard to such Certification that may be displayed on the Restaurant’s listing page or Nutrition Products’ listing on the Woosh Platform is for informational purposes only. Such Certification is displayed by Woosh on an ‚as available‘ basis that is provided to Woosh by the Restaurant partner(s)/Merchant(s). Woosh does not make any warranties about the validity, authenticity, reliability and accuracy of such Certification or any information displayed in this regard. Any reliance by a Customer upon the Certification or information thereto shall be strictly at such Customer’s own risk and Woosh in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity or discrepancy in the Certification or non-compliance of any applicable local laws or regulations by the Restaurant partner/Merchant.
- Woosh reserves the right to charge a subscription and/or membership fee from a customer, by giving reasonable prior notice, in respect of any product, service or any other aspect of the Woosh Platform anytime in the future. Woosh may from time to time introduce referral and/or incentive-based programs for its Customers (Program). These Program(s) may be governed by their respective terms and conditions. By participating in the Program, Customers are bound by the Program terms and conditions as well as the Woosh Platform terms. Further, Woosh reserves the right to terminate / suspend the Customer’s account and/or credits / points earned and/or participation of the Customer in the Program if Woosh determines in its sole discretion that the Customer has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or Woosh Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Woosh reserves the right to modify, cancel and discontinue its Program without notice to the Customer.
8. Use of Service by You or Customer
- You may also be able to register to use the Services by logging into your account with your credentials from certain third-party social networking sites (e.g., Facebook or Instagram). You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us. You authorise us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions.
- In creating an account, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary, in order to keep it accurate. If you are creating an account or Merchant use, then you represent to us that you are the owner or authorised agent of such business. You may
not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or business listings except as otherwise authorized by us, or provide or use false information to obtain access to a business‘ listing on the Services that you are not legally entitled to claim. You acknowledge that any false claiming of a business listing may cause Woosh or third parties to incur substantial economic damages and losses for which you may be held liable and accountable.
- You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorised use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your Woosh account for any purpose and that you will be liable for such unauthorised access.
- By creating an account, you agree to receive certain communications in connection with WooshFood Platform or Services. For example, you might receive comments from other Customers or other Customers may follow the activity to do on your account. You can opt- out or manage your preferences regarding non-essential communications through account settings.
9. Other Terms
- You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
- You agree to use the data owned by Woosh (as available on the Services or through any other means like API etc.) only for personal use/purposes and not for any commercial use unless agreed to by/with Woosh in writing.
- You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by Woosh, unless you have been specifically allowed to do so, by way of a separate agreement with Woosh. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).
- You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You shall not delete or revise any material or information posted by any other Customer(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
10. Ownership of Woosh Content and Proprietary Rights
- We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the „IP Rights“) associated with the Services and Woosh Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by Woosh and that you shall not disclose such information without Woosh’s prior written consent.
- You agree to protect Woosh’s proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others‘ contractual, statutory, and common law rights in the
Services. You acknowledge and agree that Woosh (or Woosh’s licensors) own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by Woosh and that you shall not disclose such information without Woosh’s prior written consent. Unless you have agreed otherwise in writing with Woosh, nothing in the Terms gives you a right to use any of Woosh’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
- You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Woosh; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, colour, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Woosh’s Content in whole or in part except as expressly authorized by Woosh.
- To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights by following the instructions contained herein.
11. Ownership of Woosh Content and Proprietary Rights
We are the sole and exclusive copyright owners of the Services and our Content.
12. Your License to Woosh Content
- We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Woosh Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, Woosh Content or our IP Rights.
- Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.
13. Woosh License to Your or Customer Content
In consideration of availing the Services on the Woosh Platform and by submitting Your Content, you hereby irrevocably grant Woosh a perpetual, irrevocable, world-wide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use Your Content (including content shared by any business user having access to a ‚restaurant business page‘ to manage claimed business listings or otherwise) and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future. By „use“ we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyse, promote, commercialize, create derivative works, and in the case of third-party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against Woosh or its Customers, any third- party services and their users.
14. Representations Regarding Your or Customer Content
- You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your Content by us, third party services, and our and any third party users will not violate or infringe any rights of yours or any third party; Your Content is truthful and accurate; and Your Content does not violate the Guidelines and Policies or any applicable laws.
- If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual dining experience that you had; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion.
- You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. While we reserve the right to remove Content, we do not control actions or Content posted by our customers and do not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that Content posted by Customers and any and all liability arising from such Content is the sole responsibility of the Customer who posted the content, and not Woosh.
15. Content Removal
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Customers in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances. Further, the Restaurant reserves the right to delete any images and pictures forming part of Customer Content, from such Restaurant’s listing page at its sole discretion.
16. Third Party Content and Links
- We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services. We do not screen or investigate third party material before or after including it on our Services.
- We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and agree that Woosh is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
- Third party content, including content posted by our customers, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third-party content. We assume no responsibility or liability for any of Your Content or any third-party content.
- You further acknowledge and agree that Woosh is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
17. Customer Reviews
- Customer reviews or ratings for Restaurants do not reflect the opinion of Woosh. Woosh receives multiple reviews or ratings for Restaurants by Customers, which reflect the opinions of the Customers. It is pertinent to state that each and every review posted on Woosh is the personal opinion of the Customer/reviewer only. Woosh is a neutral platform, which solely provides a means of communication between Customers/reviewers including Customers or restaurant owners/representatives with access to restaurant business page. The advertisements published on the Woosh Platform are independent of the reviews received by such advertisers.
- We are a neutral platform, and we don’t arbitrate disputes, however in case if someone writes a review that the restaurant does not consider to be true, the best option for the restaurant representative would be to contact the reviewer or post a public response in order to clear up any misunderstandings. If the Restaurant believes that any particular Customer’s review violates any of the Woosh‘ policies, the restaurant may write to us at email@example.com and bring such violation to our attention. Woosh may remove the review in its sole discretion if review is in violation of the Terms, or content guidelines and policies or otherwise harmful to the Services.
18. Customer Feedback
- If you share or send any ideas, suggestions, changes or documents regarding Woosh’s existing business („Feedback“), you agree that (i) your Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) Woosh is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis (iii) Woosh may have already received similar Feedback from some other Customer or it may be under consideration or in development, and (iv) By providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive, against Woosh and its Customers any claims/assertions, whatsoever of any nature, with regard to such Feedback.
- Please provide only specific Feedback on Woosh’s existing products or marketing strategies; do not include any ideas that Woosh’s policy will not permit it to accept or consider.
- Notwithstanding the abovementioned clause, Woosh or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works („Submissions“) in any form to Woosh or any of its employees.
- The purpose of this policy is to avoid potential misunderstandings or disputes when Woosh’s products or marketing strategies might seem similar to ideas submitted to Woosh. If, despite our request to not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your Submissions.
19. Terms of Idea Submission
You agree that: (1) your Submissions and their Contents will automatically become the property of Woosh, without any compensation to you; (2) Woosh may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Woosh to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
- Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Woosh on the Services are subject to change without specific notice to you. In consideration for Woosh granting you access to and use of the Services, you agree that Woosh may place such advertising on the Services.
- Part of the site may contain advertising information or promotional material, or other material submitted to Woosh by third parties or Customers. Responsibility for ensuring that material submitted for inclusion on the Woosh Platform or mobile apps complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Woosh found on or through the Woosh Platform and or mobile apps, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. Woosh will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the Woosh Platform and mobile application.
- For any information related to a charitable campaign („Charitable Campaign“) sent to Customers and/or displayed on the Woosh Platform where Customers have an option to donate money by way of (a) payment on a third party website; or (b) depositing funds to a third party bank account, Woosh is not involved in any manner in the collection or utilization of funds collected pursuant to the Charitable Campaign. Woosh does not accept any responsibility or liability for the accuracy, completeness, legality or reliability of any information related to the Charitable Campaign. Information related to the Charitable Campaign is displayed for informational purposes only and Customers are advised to do an independent verification before taking any action in this regard.
21. Online Ordering
- Woosh provides online ordering services by entering into contractual arrangements with restaurant partners (“Restaurant Partners”) and Merchants (as defined below) on a principal-to-principal basis for the purpose of listing their menu items or the Products (as defined below) for online ordering by the Customers on the Woosh Platform.
- The Customers can access the menu items or Products listed on the Woosh Platform and place online orders against the Restaurant Partner(s)/Merchant(s) through the Woosh Food Platform.
- Your request to order food and beverages or Products from a Restaurant Partner or a Merchant page on the Woosh Food Platform shall constitute an unconditional and irrevocable authorisation issued in favour of Woosh to place online orders for food and beverages or Products against the Restaurant Partner(s)/Merchant(s) on your behalf.
- Delivery of an order placed by you through the Woosh Food Platform may either be undertaken directly by the Restaurant Partner or the Merchant against whom you have placed an order or facilitated by Woosh through a third-party who may be available to provide delivery services to you (“Delivery Partners”). In both these cases, Woosh is merely acting as an intermediary between you and the Delivery Partners, or you and the Restaurant Partner or the Merchant, as the case may be.
- The acceptance by a Delivery Partner of undertaking delivery of your order shall constitute a contract of service under the Consumer Protection Act, 2019 or any successor legislations, between you and the Delivery Partner, to which Woosh is not a party under any applicable law. It is clarified that Woosh does not provide any delivery or logistics services and only enables the delivery of food and beverages or Products ordered by the Customers through the Woosh Food Platform by connecting the Customers with the Delivery Partners or the Restaurant Partners or the Merchant, as the case may be.
- Where Woosh is facilitating delivery of an order placed by you, Woosh shall not be liable for any acts or omissions on part of the Delivery Partner including deficiency in service, wrong delivery of order, time taken to deliver the order, order package tampering, etc.
- You may be charged a delivery fee for delivery of your order by the Delivery Partner or the Restaurant Partner or the Merchant, as the Delivery Partner or the Restaurant Partner or the Merchant may determine (“Delivery Charges“). You agree that Woosh is authorised to collect, on behalf of the Restaurant Partner or the Delivery Partner or the Merchant, the Delivery Charges for the delivery service provided by the Restaurant Partner or the Merchant or the Delivery Partner, as the case may be. The Delivery Charges may vary from order to order, which may be determined on multiple factors which shall include but not be limited to Restaurant Partner / Merchant, order value, distance, time of the day. Woosh will inform you of the Delivery Charges that may apply to you, provided you will be responsible for Delivery Charges incurred for your order regardless of your awareness of such Delivery Charges.
22. Online Ordering with Restaurant Partners:
- All prices listed on the Woosh Platform are provided by the Restaurant Partner at the time of publication on the Woosh Platform and have been placed as received from the Restaurant Partner. While we take great care to keep them up to date, the final price charged to you by the Restaurant Partner may change at the time of delivery. In the event of a conflict between price on the Woosh Platform and price charged by the Restaurant Partner, the price charged by the Restaurant Partner shall be deemed to be the correct price except Delivery Charge(s) of Woosh.
- Pickup/Takeaway/Kerbside: When You opt for a Pickup/Takeaway/Kerbside (as defined below) You agree to be solely liable to ensure compliance with the conditions governing the Takeaway at the time of placing the Order, and Woosh shall not be liable in any manner in this regard. For the purpose of clarity, Pickup/Takeaway/Kerbside would mean where a Restaurant Partner has agreed to provide an option to the Customers to collect the Order themselves from the Restaurant Partner on which such an Order is placed. Woosh accepts no liability associated with food preparation by the Restaurant Partner accepting the Order, and all food preparation and hand over through Takeaway are the sole responsibility of the Restaurant Partner accepting the Order. The Pickup/Takeaway/Kerbside times for collection are provided by the Restaurant Partner and are only estimates.
- On Time or Free: Customers may opt for on-time services offered by Woosh, for an additional non-refundable cost, at select Restaurant Partners. However, you acknowledge that such services are facilitated by Woosh on a best effort basis, hence should your Order fail to reach you on or prior to the Agreed Time, you would be eligible to claim and receive a Coupon worth the Order Value. You will be required to claim the Coupon within twenty-four (24) hours from the time such Order is delivered to You, failing which your eligibility to receive the Coupon will expire. Further the validity period of the Coupon would be 7 (seven) days from receipt thereof. Notwithstanding anything set out herein above, you shall not be eligible to receive the Coupon if:
- Delay on the Agreed Time is for unforeseen reasons e.g., strikes, natural disaster, Restaurant Partner’s inability to provide the Order.
- You change, edit, modify, or cancel such Order or do any such act that has the effect of changing, editing or modifying such Order including but not limited to adding or changing the items ordered, receiving delivery at a location other than the one indicated at the time of placing of the Order etc.
- You indulge in actions intended to delay the Order including but not limited to asking the Delivery Partner to delay the Order, becoming unresponsive on call etc.
- The order is a bulk Order
For the purpose of this clause, words capitalised shall have the following meaning: “Agreed Time“ shall mean the time period between the Restaurant Partner accepting the Order and the Delivery Partner reaching within 50 metre radii from Your location or first barrier point (security guard/reception etc.) whichever is further. “Coupon“ shall mean one- time code generated by Woosh for delay in Agreed Time to be used as per applicable conditions.
23. General Terms and Conditions
- Woosh is not a manufacturer, seller or distributor of food and beverages or Products and merely places an order against the Restaurant Partner(s)/Merchant(s) on behalf of the Customers pursuant to the unconditional and irrevocable authority granted by the Customers to Woosh, and facilitates the sale and purchase of food and beverages or Products between Customers and Restaurant Partners/Merchant(s), under the contract for sale and purchase of food and beverages or Products between the Customers and Restaurant Partners/Merchant(s).
- Woosh shall not be liable for any acts or omissions on part of the Restaurant Partner/Merchant(s) including deficiency in service, wrong delivery of order / order mismatch, quality, incorrect pricing, deficient quantity, time taken to prepare or deliver the order, etc.
- The Restaurant Partner(s)/Merchant(s) shall be solely responsible for any warranty/guarantee of the food and beverages, or Products sold to the Customer and in no event shall be the responsibility of Woosh.
- For the Customers in India, it is hereby clarified by Woosh that the liability of any violation of the applicable rules and regulations made thereunder shall solely rest with the sellers/brand owners, vendors, Restaurant Partner(s)/Merchant(s), importers or manufacturers of the food products, Products or any Pre-Packed Goods accordingly. For the purpose of clarity Pre- Packed Goods shall mean the food and beverages items which is placed in a package of any nature, in such a manner that the contents cannot be changed without tampering it and which is ready for sale to the customer or as may be defined under the Food Safety and Standards Act, 2006 from time to time.
- Please note that some of the food and beverages or Products may be suitable for certain ages only. You should check the dish you are ordering and read its description, if provided, prior to placing your order. Woosh shall not be liable in the event the food and beverages, or the Product ordered by You does not meet your dietary or any other requirements and/or restrictions.
- While placing an order you shall be required to provide certain details, including without limitation, contact number and delivery address. You agree to take particular care when providing these details and warrant that these details are accurate and complete at the time of placing an Order. By providing these details, you express your acceptance to Woosh’s terms and privacy policies.
- You or any person instructed by you shall not resell food and beverages or Products purchased via the Woosh Platform.
- The total price for food ordered, including the Delivery Charges and other charges, will be displayed on the Woosh Platform when you place your order, which may be rounded up to the nearest amount. Customers shall make full payment towards such food or Products ordered via the Woosh Platform.
- Any amount that may be charged to you by Woosh over and above the order value, shall be inclusive of applicable taxes.
- Delivery periods/Takeaway time quoted at the time of ordering are approximate only and may vary.
24. Cancellation and refund policy:
- You acknowledge that (1) your cancellation, or attempted or purported cancellation of an Order or (2) cancellation due to reasons not attributable to Woosh, that is, in the event you provide incorrect particulars, contact number, delivery address etc., or that you were unresponsive, not reachable or unavailable for fulfilment of the services offered to you, shall amount to breach of your unconditional and irrevocable authorization in favour of Woosh to place that Order against the Restaurant Partners/Merchant(s) on your behalf (“Authorisation Breach“). In the event you commit an Authorisation Breach, you shall be liable to pay the liquidated damages of an amount equivalent to the Order Value. You hereby authorize Woosh to deduct or collect the amount payable as liquidated damages through such means as Woosh may determine in its discretion, including without limitation, by deducting such amount from any payment made towards your next Order.
- There may be cases where Woosh is either unable to accept your order or cancels the order, due to reasons including without limitation, technical errors, unavailability of the item(s) ordered, or any other reason attributable to Woosh, Restaurant Partner/Merchant or Delivery Partner. In such cases, Woosh shall not charge a cancellation charge from you. If the order is cancelled after payment has been charged and you are eligible for a refund of the Order Value or any part thereof, the said amount will be reversed to you.
- No replacement / refund / or any other resolution will be provided without Restaurant Partner’s/Merchant(s)’ permission.
- Any complaint, with respect to the Order which shall include instances but not be limited to food spillage, foreign objects in food, delivery of the wrong order or food and beverages or Products, poor quality, you will be required to share the proof of the same before any resolution can be provided.
- You shall not be entitled to a refund in case instructions placed along with the Order are not followed in the form and manner You had intended. Instructions are followed by the Restaurant Partner/Merchant on a best-efforts basis.
- All refunds shall be processed in the same manner as they are received, unless refunds have been provided to You in the form of credits, refund amount will reflect in your account based on respective banks policies.
25. Reservation Service and Table Reservations
- The Customer can make a request for booking a table at a restaurant, offering table reservation via the Woosh Food Platform and related mobile or software application and such booking will be confirmed to a customer by email, short message service („SMS“) and/or by any other means of communication only after the Restaurant accepts and confirms the booking. The availability of a booking is determined at the time a customer requests for a table reservation. While using the Woosh Reservation Service, you shall be required to provide certain details, you agree to provide correct details and warrant that these details are accurate and complete. By submitting a booking request, you express your acceptance to Woosh’s terms and privacy policies and agree to receive booking confirmations by email, SMS and/or by any other means of communication after booking a table through the Woosh Reservation Service. Customer further agrees not to make more than one reservation for Customer’s personal use for the same mealtime.
- Fees: Woosh may charge booking fee („Booking Fee“) from the Customer upon availing the Woosh Res Service. This Booking Fee shall be adjusted by the restaurant against the total bill for the items consumed by the Customer at such restaurant. Any balance amount remaining to be paid after deduction of the Booking Fee from the restaurant bill shall be payable by the Customer. The Customer shall also be liable to pay any additional charges and/or applicable taxes that may be applicable to the transaction. In the event of any change in the amount of the Booking Fee after the payment is made by the Customer, the amount of the Booking Fee already paid by the Customer will be applicable. The Customer may be required to furnish the payment instrument at the restaurant from which payment has been made for identification purposes.
- Modifications & Cancellations: Any request for modification of the confirmed booking will be subject to acceptance of the same by the restaurant. Woosh will use its best endeavours to keep the Customer informed of the status of the booking. For bookings where Booking Fee is not applicable, the Customer may cancel such booking thirty (30) minutes in advance from the scheduled booking time. A confirmed booking for which Booking Fee has been charged from a customer, modification option will not be available, however the Customer is required to cancel the confirmed booking twenty-four (24) hours prior to the scheduled booking time to avail the refund. Unless otherwise provided herein these Terms, Woosh shall refund the Booking Fee to the Customer within seven (7) working days from the date of such cancellation. However, Woosh reserves the right to retain the Booking Fee in the event the Customers fails to cancel the booking within the estimated timeframe mentioned herein above.
- Late Arrivals: Woosh advises the Customer to arrive 10 minutes in advance of the scheduled booking time. The restaurant reserves the right to cancel your booking and allocate the table to other guests in case of late arrivals and Woosh shall in no manner be liable for such cancellation initiated by the Restaurant. Woosh hereby reserves its right to retain the Booking Fee paid by the Customers, in the event the Customer is late by more than 10 minutes from the scheduled booking time and/or fails to show up at the restaurant.
- Dispute: In the event the restaurant fails to honour the confirmed booking or in case of any other complaint or dispute raised by the Customer in relation to the booking, the Customer shall raise such disputes with Woosh within 30 minutes from the scheduled booking time at the helpline numbers as provided herein below. Upon receipt of such complaint or dispute, Woosh will make reasonable efforts to verify the facts of such complaint/ dispute with the restaurant and may at its sole discretion initiate the refund of the Booking Fee to such Customer.
- Additional Request: In the case of any additional request communicated by the Customer at the time of the booking, the same will be conveyed to the restaurant by Woosh and confirmed to the Customer basis restaurant’s response. While Woosh will take all the care to ensure timely communication of these requests to both the Customer and the restaurant, the liability to fulfil the request lies solely with the restaurant and Woosh shall in no manner be liable if the restaurant does not honour any of the confirmed additional requests of the Customers.
- Call Recording: Woosh may contact via telephone, SMS or other electronic messaging or by email with information about your Woosh Res Service or any feedback thereon. Any calls that may be made by Woosh, by itself or through a third party, to the Customers or the restaurant pertaining to any booking requests of a customer may be recorded for internal training and quality purposes by Woosh or any third party appointed by Woosh.
- Liability Limitation: Notwithstanding anything otherwise set out herein, Woosh shall in no manner be liable in any way for any in-person interactions with the restaurant as a result of the booking or for the Customer’s experience at the restaurant or in the event a restaurant does not honour a confirmed booking. Woosh is only a platform connecting Customers to the restaurant and shall not be liable for any acts or omissions on part of the restaurant including deficiency in service, quality of food, time taken to serve or any other experience of the Customer.
- Contact Us: You may write to us at reservation@Wooshfood.com for any further queries with regard to the WooshFood Reservation Service.
26. Cancellation, Return and Refund:
- Cancellation by Customer: In the event of request for cancellation of the order before its delivery, Woosh may accept the request for cancellation of the order and refund the amount up to the Order Value to the Customer within a reasonable period of time, provided that it shall be the sole discretion of Woosh to accept or reject the request for cancellation of order. Woosh shall have the right to charge a cancellation fee from the customer if the merchant is charging a cancellation fee from Woosh.
- Cancellation by Woosh: There may be cases where Woosh is either unable to accept the order or cancels the order, due to any reasons including without limitation, technical errors, non-availability of the Nutrition Product, or non-availability of the desired quantity of the Nutrition Product ordered by the Customer, non-availability of the service, inaccuracies or errors in pricing information, inaccurate particulars such as contact number, address, etc. provided by the Customer, unresponsive Customer, etc. In such cases, you accept and acknowledge that Woosh reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever, without assigning any reason to the Customer, and the Customer shall accept and undertake that the same is acceptable and he/ she/ it will not contest/ raise any dispute on the same.
- If the order is cancelled after payment has been charged and the Customer is eligible for the refund of the Order Value or any part thereof in accordance with the policies of Woosh, the said amount will be reversed in the Customer’s account of the same source. In the event the Customer has provided incorrect particulars, e.g., contact number, delivery address etc., or that the Customer was unresponsive, not reachable or unavailable for fulfilment of the services offered to them, the Customer will not be eligible for any refunds.
- Woosh’s decision of cancellation of order shall be final and Woosh shall not be liable for such cancellation(s) whatsoever.
- Refund or Replacement: In certain cases, Woosh may offer replacement or refund, as it may in its sole discretion decide, on the Products ordered by the Customer via the Woosh Food Platform, and the same shall be subject to terms and conditions as detailed below.
- Upon receiving the return request, Woosh shall first verify the nature of the request, and may request image(s) of Product or Service mentioned in the return request to validate the authenticity of the return request. Once verified that the claim is genuine.
- Woosh shall process the refund or replacement only after it has received confirmation from the concerned Merchant with regard to the genuineness of the return request. Refund will be initiated within 07 (seven) days from the verification of the return request.
- In the event You have provided incorrect particulars, e.g., contact number, delivery address etc., or that You were unresponsive, not reachable or unavailable for fulfilment of the services offered to You, you will not be eligible for any refund or replacement.
- You shall not be entitled to a refund or replacement in case instructions placed along with the Order are not followed in the form and manner You had intended. Instructions are followed by the Merchant on a best-efforts basis.
- Refund Process: Once verified by Woosh, if the request for refund is genuine, refund shall be processed in the same manner as they are received. Unless refunds have been provided to the Customer in the form of Woosh credits, the refund amount will reflect in your account based on respective banks policies.
- It shall be the sole discretion of Woosh to decide whether the product is eligible to be returned or not and Woosh’s decision shall be final and binding on the Customers.
27. Disclaimer of warranties, limitation of liability, and Indemnification
- Disclaimer of Warranties – you acknowledge and agree that the services are provided „as is“ and „as available“ and that your use of the services shall be at your sole risk. to the fullest extent permitted by applicable law, woosh, its affiliates and their respective officers, directors, employees, agents, affiliates, branches, subsidiaries, and licensors („woosh parties“) disclaim all warranties, express or implied, in connection with the services including mobile apps and your use of them. to the fullest extent permitted by applicable law, the woosh parties make no warranties or representations that the services have been and will be provided with due skill, care and diligence or about the accuracy or completeness of the services‘ content and assume no responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (iii) any unauthorised access to or use of our servers and/or any and all personal information merchantd therein, (iv) any interruption or cessation of transmission to or from the services, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services through the actions of any third party, (vi) any loss of your data or content from the services and/or (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services. any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. the woosh parties will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. you are solely responsible for all of your communications and interactions with other customers of the services and with other persons with whom you communicate or interact as a result of your use of the services. no advice or information, whether oral or written, obtained by you from woosh or through or from the services shall create any warranty not expressly stated in the terms. unless you have been expressly authorised to do so in writing by woosh, you agree that in using the services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
- Indemnification – You agree to indemnify, defend, and hold harmless the Woosh Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
28. Termination of your Access to the Services
- You can delete your account at any time by contacting us via the „Contact Us“ link at the bottom of every page or by following this process: Go to Profile > Setting > Security > click on the ‚Delete Account‘ button and ceasing further use of the Services.
- We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) lack of use of the Services. You agree that any termination of your access to the Services may be affected without prior notice and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services.
29. General terms
- Interpretation: The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.
- Severability: If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
- Partnership or Agency: None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Woosh and you shall have no authority to bind Woosh in any form or manner, whatsoever.
- For all Customers: YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.
- Carrier Rates may Apply: By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be solely responsible for any such costs incurred.
- Linking and Framing: You may not frame the Services. You may link to the Services, provided that you acknowledge and agree that you will not link the Services to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Services effective immediately.
30. Notice of copyright infringement
Woosh shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the Woosh Platform, or items advertised on the Woosh Platform, by end users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any Customers of the Services repeatedly infringe on others‘ copyrights, we may in our sole discretion terminate those individuals‘ rights to use the Services If you believe that your copyright has been or is being infringed upon by material found in the Services, you are required to follow the below procedure to file a notification:
- Identify in writing the copyrighted material that you claim has been infringed upon;
- Identify in writing the material on the Services that you allege is infringing upon copyrighted material and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the username of the alleged infringer and the business listing it is posted under).
- Include the following statement: „I have a good faith belief that the use of the content on the Services as described above is not authorized by the copyright owner, its agent, or law”. Include the following statement: „I swear under penalty of perjury that the information in my notice is accurate, and I am the copyright owner, or I am authorized to act on the copyright owner’s behalf”.
- Provide your contact information including your address, telephone number, and e-mail address (if available).
- Provide your physical or electronic signature.
- Send us a written communication to legal@Wooshfood.com
You may be subject to liability if you knowingly make any misrepresentations on a take- down notice.