Wimzy - Terms and Conditions
Last Updated: [Date]
Welcome to Wimzy! These Terms and Conditions ("Terms") govern your use of our food delivery service via the Wimzy mobile application and website (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.
1. Definitions
- "Service" refers to the Wimzy food delivery platform, including its mobile application, website, and related services.
- "User," "You," and "Your" refer to anyone using the Service.
- "Wimzy," "We," "Us," and "Our" refer to the Wimzy service and its owners.
- "Restaurants" refers to third-party food providers whose products and services are made available through the Service.
2. Acceptance of Terms
By accessing or using the Service, you accept and agree to be bound by these Terms and Conditions and the Privacy Policy linked here [Privacy Policy Link]. If you do not agree, please cease usage of the Service immediately. We reserve the right to modify these Terms at any time. Your continued use of the Service constitutes acceptance of the modified Terms.
3. Use of the Service
Account Registration:
- To use certain features of the Service, you must register for an account. You agree to provide accurate, complete, and up-to-date information. You are responsible for maintaining the confidentiality of your account information and passwords.
- You agree to notify us immediately of any unauthorized use of your account. We are not responsible for any losses caused by unauthorized use of your account.
User Conduct:
- You agree to use the Service only for lawful purposes. You must not use the Service in any manner that could disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service.
- You must not attempt to gain unauthorized access to any accounts, computer systems, or networks connected to the Service, through hacking, password mining, or any other means.
4. Orders and Payments
Placing Orders:
- When placing an order through the Service, you are making an offer to purchase the items from a restaurant. The restaurant has sole discretion to accept or reject your offer.
- You agree to provide accurate delivery information and any specific instructions related to the delivery.
Prices and Availability:
- The availability of menu items may vary, and Wimzy is not responsible for discrepancies or errors in pricing or product availability.
- Prices are subject to change without notice.
Payment Methods:
- Payment for orders must be made through the payment methods provided on the Service. By providing payment information, you authorize Wimzy to charge the payment method you selected for the total amount of your order.
5. Delivery and Pickup
Delivery:
- Delivery times are estimates and can be affected by factors such as traffic, weather, and restaurant preparation times. Wimzy is not liable for delays beyond our control.
- Ensure that your delivery address is accurate and up-to-date. Wimzy is not responsible for delivery issues due to incorrect or incomplete addresses provided by users.
Pickup:
- If you choose to pick up your order, you must arrive at the restaurant within the pickup window specified in your order confirmation. Wimzy is not responsible for orders not collected within this timeframe.
Unavailability:
- If you are unavailable at the time of delivery or fail to collect your order promptly, additional charges may apply, and the food may not be refundable.
6. Cancellations and Refunds
Order Modifications and Cancellations:
- Orders may be canceled or modified within a specified time frame as indicated in the Service. Once this window has passed, the order cannot be canceled or modified.
Refunds:
- Refund requests will be reviewed on a case-by-case basis. If you encounter issues with your order such as incorrect items, missing items, or the food not meeting quality standards, please contact Wimzy within [X] hours of delivery.
- Refunds are issued at our sole discretion and may be provided as credits to your account or to the payment method used for the order.
7. Third-Party Services and Content
Restaurant Listings and Menu Content:
- While Wimzy strives to provide accurate and up-to-date information, restaurant listings, and menu content are maintained by third parties. Wimzy is not responsible for inaccuracies, errors, or omissions in this content.
Links to Other Websites:
- Our Service may contain links to third-party websites or services that are not owned or controlled by Wimzy. We assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.
8. User Content and Feedback
User Content:
- By submitting any content (such as reviews, comments, or photos) through the Service, you grant Wimzy a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, reproduce, modify, distribute, publicly display, and perform your content.
Prohibited Content:
- You agree not to submit content that is illegal, defamatory, obscene, harmful, or otherwise objectionable. Wimzy reserves the right to remove any content that violates these Terms.
Feedback:
- If you provide feedback or suggestions regarding the Service, you grant Wimzy the right to use such feedback or suggestions without any obligation to you.
9. Promotions and Loyalty Programs
Promotional Offers:
- Wimzy may offer promotions, discounts, or loyalty programs from time to time. These offers are subject to specific terms and conditions and may be modified or discontinued at any time without notice.
Loyalty Points:
- Participation in any loyalty program is subject to the program rules. Points or rewards may have expiration dates, and Wimzy reserves the right to change or terminate the program at any time.
10. Intellectual Property
Ownership:
- All content and materials available on the Service, including but not limited to text, graphics, logos, button icons, images, audio clips, and software, are the property of Wimzy or its licensors and are protected by intellectual property laws.
License Grant:
- Subject to your compliance with these Terms, Wimzy grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal use.
Restrictions:
- You agree not to reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Service without prior written permission from Wimzy.
11. Disclaimer and Limitation of Liability
Disclaimer:
- The Service is provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. To the fullest extent permitted by law, Wimzy disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability:
- In no event will Wimzy, its affiliates, or their respective officers, directors, employees, or agents be liable for any indirect, incidental, consequential, special, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service.
12. Indemnification
You agree to indemnify, defend, and hold harmless Wimzy, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service or violation of these Terms.
13. Privacy Policy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. You acknowledge that you have read and understand our Privacy Policy.
14. Governing Law and Dispute Resolution
Governing Law:
- These Terms and your use of the Service are governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of laws principles.
Dispute Resolution:
- Any disputes arising out of or in connection with these Terms or the use of the Service shall be resolved through binding arbitration in [Your Jurisdiction], except that you may assert claims in small claims court if your claims qualify.
15. Termination
Right to Terminate:
- Wimzy reserves the right to terminate or suspend your account and access to the Service, without notice, if we believe that you have violated these Terms, engaged in fraudulent activity, or for any other reason at our discretion.
Effect of Termination:
- Upon termination, your right to use the Service will immediately cease. Sections of these Terms that by their nature should survive termination will continue to be in effect.
16. Changes to the Terms
Wimzy reserves the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on the Service. You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on the Service.
17. Miscellaneous
Entire Agreement:
- These Terms, together with the Privacy Policy, constitute the entire agreement between you and Wimzy regarding the use of the Service, superseding any prior agreements between you and Wimzy.
Severability:
- If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.
Waiver:
- The failure of Wimzy to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
18. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Wimzy Customer Support
[Email Address]
[Phone Number]
[Physical Address]