Customer Terms and Condition
Please read the terms and conditions ("Terms andConditions") set out below carefully before ordering any Goods or Servicesfrom this Website. By ordering any Goods or Services from this Website, byphone, or by our mobile applications you agree to be bound by these Terms andConditions.
1. Section 1: Introduction we are Wah Zaika, a brand of http://www.WahZaika.com,unless otherwise stated.
2. Section 2: Definitions
2.3. "You", "your" and "yours" are references to youthe person accessing this Website and ordering any Goods or Services from theWebsite or from any other channel provided by Wah Zaika;
2.4. "We", "us", "our", and "Wah Zaika"are references to the Company; 2.5. "Goods" is a reference to anygoods which we may offer for sale from our Website from time to time;
2.6. "Service" or "Services" is a reference to any servicewhich we may supply and which you may request via our Website;
2.7. "Participating Restaurant" is a third party, which has agreed toco-operate with the Company to prepare and/or deliver the Goods or Services.
2.8. "Food Delivery" is a reference to perishable goods and to anyform of delivery service, which both are provided by our ParticipatingRestaurants and for both of which our Participating Restaurants take fullresponsibility;
2.9. "Website" is a reference to our Websitehttp://www.WahZaika.comor our mobile applications on which we offer our Goodsor Services.
3. Section 3: Ordering
3.1. Any contract for the supply of Food Delivery from this Website is betweenyou and the Participating Restaurant; for the supply of Goods or Services fromthis Website any contact is between you and Wah Zaika. You agree to takeparticular care when providing us with your details and warrant that these detailsare accurate and complete at the time of ordering. You also warrant that thecredit or debit card details that you provide are for your own credit or debitcard and that you have sufficient funds to make the payment.
3.2. Food Delivery, Goods and Services purchased from this Website are intendedfor your use only and you warrant that any Goods purchased by you are not for resaleand that you are acting as principal only and not as agent for another partywhen receiving the Services.
3.3. Please note that some of our Goods may be suitable for certain age rangesonly. You should check that the product you are ordering is suitable for theintended recipient.
3.4. When ordering from this Website you may be required to provide an e-mailaddress and password. You must ensure that you keep the combination of thesedetails secure and do not provide this information to a third party.
3.5. We will take all reasonable care, in so far as it is in our power to dose,to keep the details of your order and payment secure, but in the absence of negligenceon our part we cannot be held liable for any loss you may suffer if a thirdparty procures unauthorized access to any data you provide when accessing orordering from the Website.
3.6. Any order that you place with us is subject to product availability,delivery capacity and acceptance by us and the Participating Restaurant. When youplace your order online, we will send you an email to confirm that we have receivedit. This email confirmation will be produced automatically so that you haveconfirmation of your order details. You must inform us immediately if any detailsare incorrect. The fact that you receive an automatic confirmation does notnecessarily mean that either we or the Participating Restaurant will be able tofill your order. Once we have sent the confirmation email we will checkavailability and delivery capacity.
3.7. If the ordered Food Delivery and delivery capacity is available, theParticipating Restaurant will accept the contract and confirm it to Wah Zaika. Ifthe details of the order are correct, the contract for the Food Delivery, Goodsor Services will be confirmed by text message (SMS).
3.8. In the case that Goods offered by Wah Zaika were ordered, Wah Zaika. willconfirm availability together with or separately from Food Delivery.
3.9. The confirmation message will specify delivery details including theapproximate delivery time specified by the Participating Restaurant and confirmthe price of the Food Delivery, Goods and Services ordered.
3.10. If the Food Delivery and/or Goods are not available or if there is nodelivery capacity, we will also let you know by text message (SMS) or phonecall.
4. Section 4: Prices and Payment.
4.1. Any contract for the supply of Food Delivery from this Website is betweenyou and the Participating Restaurant; for the supply of Goods or Services fromthis Website any contact is between you and Wah Zaika. You agree to takeparticular care when providing us with your details and warrant that thesedetails are accurate and complete at the time of ordering. You also warrantthat the credit or debit card details that you provide are for your own creditor debit card and that you have sufficient funds to make the payment.
4.2. All prices listed on the Website are correct at the time of publicationand have been input as received by the restaurant; While we give great care tokeep them up to date, the final price charged to you by the restaurant canchange at the time of delivery based on the latest menu and prices of the restaurant.We also reserve the right to alter the Goods or Services available for sale onthe Website and to stop listing restaurants, Goods or Services.
4.3. All prices listed on the Website for Food Delivery by the ParticipatingRestaurant reflect the price the Participating Restaurant charges at the timeof listing. In case the price listed is not current and the restaurant informsus immediately after placing the order, we will put our best effort to contactyou to inform you about the price difference and you can choose to opt-out ofthe order at that time.
4.4. All prices for delivery by Wah Zaika or a third party provider assigned byWah Zaika listed on the Website are correct at the time of publication; however,we reserve the right to alter these in the future.
4.5. The total price for Food Delivery, Goods or Services ordered, includingdelivery charges and other charges, will be displayed on the Website when youplace your order. Full payment must be made for all Goods dispatched andServices provided. Payment has to be made in cash or, if available on thewebsite, by online payment, e.g. credit or debit card.
4.6. If you choose online payment, you must pay for your order before it isdelivered. To ensure that shopping online is secure, your debit/credit carddetails will be encrypted to prevent the possibility of someone being able toread them as they are sent over the internet. Your credit card company may alsoconduct security checks to confirm it is you placing the order.
4.7. The prices reflected on the website/mobile application/email aredetermined solely by the Participating Restaurant and informed to Wah Zaika atthe time of listing or afterwards. Any change in the prices of menu at the timeof placing order is at the sole discretion of the Participating restaurant.
4.8. All applicable taxes and levies, the rates thereof and the manner ofapplicability of such taxes are being charged and determined by theParticipating Restaurant and Wah Zaika is merely collecting the same on behalfof such Participating Restaurant.
4.10. Wah Zaika is not responsible for validating the legal sanctity of theapplicable taxes and the manner of its applicability on behalf of theParticipating Restaurant. Wah Zaika holds no responsibility for the legalcorrectness/validity of the levy of such taxes. The sole responsibility for anylegal issue arising on the taxes shall reside with the Participating Restaurant.
4.11. The prices reflected on the website/mobile application are determinedsolely by the Participating Restaurant and informed to Wah Zaika at the time oflisting. Any change in the prices of menu at the time of placing order is atthe sole discretion of the Participating restaurant.
4.12. The transaction of sale of food or food items is between Participating Restaurantand the customer, and accordingly, Wah Zaika is not liable to charge or depositany taxes applicable on such transaction.
4.13. The final tax invoice will be issued by the Participating Restaurant anddelivered to the customer along with the order.
5. Section 5: Delivery 5.1. Delivery periods quoted at the time of ordering areapproximate only and may vary. Goods will be delivered to the addressdesignated by you at the time of ordering.
5.2. If delivery is done by the Participating Restaurant, it is theParticipating Restaurants sole responsibility to provide Food Delivery in timelymanner. 5.3. In the case delivery is done by Wah Zaika, we will give great careto deliver in a timely manner. No responsibility is taken for late delivery byWah Zaika in either case.
5.4. All orders are delivered by a reputable courier. We and the ParticipatingRestaurant will make every effort to deliver within the time stated, however,we will not be liable for any loss caused to you by ordering late. If the Goodsare not delivered within the estimated delivery time quoted by us, pleasecontact the participating restaurant first. You may also contact us bytelephone or email and we will try to ensure that you receive your order asquickly as possible.
5.5. In case of a late delivery, the delivery charge will neither be voided norrefunded by Wah Zaika.
5.6. All risk in the Goods and the Food Delivery shall pass to you upondelivery.
5.7. If you fail to accept delivery of Food Delivery and/or Goods at the timethey are ready for delivery, or we are unable to deliver at the nominated timedue to your failure to provide appropriate instructions, or authorizations,then such goods shall be deemed to have been delivered to you and all risk andresponsibility in relation to such goods shall pass to you. Any storage,insurance and other costs which we incur as a result of the inability todeliver shall be your responsibility and you shall indemnify us in full forsuch cost.
5.8. You must ensure that at the time of delivery of Food Delivery and/or Goodsadequate arrangements, including access where necessary, are in place for thesafe delivery of such goods. We cannot be held liable for any damage, cost orexpense incurred to such goods or premises where this arises as a result of failureto provide adequate access or arrangements for delivery.
5.9. Participating restaurants, who will prepare your order, aim
5.9.1. to deliver the product to you at the place of delivery requested by youin your order;
5.9.2. to deliver within the time confirmed by the restaurant;
5.9.3. to inform you if they expect that they are unable to meet the estimateddelivery time.
5.10. Participating Restaurants and we shall not be liable to you for anylosses, liabilities, costs, damages, charges or expenses arising out of latedelivery.
5.11. Please note that it might not be possible for Participating Restaurantsto deliver to some locations. If this is the case, our ParticipatingRestaurants or we will inform you using the contact details that you provide tous when you make your order and arrange for cancellation of the order ordelivery to an alternative delivery address.
6. Section 6: Cancellation
6.1. You must notify the participating restaurant immediately if you decide tocancel your order, preferably by phone, and quote your order number. If therestaurant accepts your cancellation, no cancellation fee applies. If therestaurant refuses cancellation, e.g. because preparation of Food Delivery hasbeen completed and/or delivery personnel has already been dispatched, it maynot be cancelled. We will not be able to refund any order, which has beenalready dispatched.
6.2. We may cancel a contract if the product is not available for any reason.We will notify you if this is the case and return any payment that you havemade.
6.3. If the cancellation was made in time and once the restaurant has acceptedyour cancellation, we will refund or re-credit your debit or credit card withthe full amount within 14 days, which includes the initial delivery charge (whereapplicable) which you paid for the delivery of the Goods or the Services, asapplicable.
6.4. In the unlikely event that the Participating Restaurant delivers a wrongitem, you have the right to reject the delivery of the wrong item and you shallbe fully refunded for the missing item. If the Participating Restaurant canonly do a partial delivery (a few items might be not available), its staffshould inform you or propose a replacement for missing items. You have theright to refuse a partial order before delivery and get a refund. We are notresponsible for wrong or partial delivery. The issue has to be settled directlywith the Participating Restaurant.
7. Section 7: Information
7.1. Where we have requested information from you to provide Food Delivery,Goods or Services you agree to provide us with accurate and completeinformation.
7.3. You are entitled to request a copy of the personal information we hold onyou. Please contact us if you wish to request this information.
8. Section 8: Linked Sites There may be a number of links on our Website tothird party Websites which we believe may be of interest to you. We do notrepresent the quality of the Goods or Services provided by such third partiesnor do we have any control over the content or availability of such sites. Wecannot accept any responsibility for the content of third party Websites or theServices or Goods that they may provide to you.
9. Section 9: Complaints We take complaints very seriously and aim to respondto your complaints within 5 business days. All complaints should be addressedto support@WahZaika.com.
10. Section 10: Limitation of Liability.
10.1. Great care has been taken to ensure that the information available onthis Website is correct and error free. We apologize for any errors oromissions that may have occurred. We cannot warrant that use of the Websitewill be error free or fit for purpose, timely, that defects will be corrected,or that the site or the server that makes it available are free of viruses orbugs or represents the full functionality, accuracy, reliability of the Websiteand we do not make any warranty whatsoever, whether express or implied,relating to fitness for purpose, or accuracy.
10.3. We disclaim any and all liability to you for the supply of the FoodDelivery, Goods and Services to the fullest extent permissible under applicablelaw. This does not affect your statutory rights as a consumer. If we are foundliable for any loss or damage to you such liability is limited to the amountyou have paid for the relevant Goods or Services. We cannot accept anyliability for any loss, damage or expense, including any direct or indirectloss such as loss of profits to you, howsoever arising. This limitation ofliability does not apply to personal injury or death arising as a direct resultof our negligence.
10.4. We do not accept any liability for any delays, failures, errors oromissions or loss of transmitted information, viruses or other contamination ordestructive properties transmitted to you or your computer system via our Website.By/> 10.5. We shall not be held liable for any failure or delay inperforming Services or delivering Goods where such failure arises as a resultof any act or omission, which is outside our reasonable control such as alloverwhelming and unpreventable events caused directly and exclusively by forcesof nature that can be neither anticipated, nor controlled, nor prevented by theexercise of prudence, diligence, and care, including but not limited to: war,riot, civil commotion; compliance with any law or governmental order, rule,regulation or direction and acts of third parties.
10.6. If we have contracted to provide identical or similar order to more thanone Customer and are prevented from fully meeting our obligations to you byreason of an Event of Force Majeure, we may decide at our absolute discretionwhich orders we will fill and to what extent.
10.7. The products sold by us are provided for private domestic and consumeruse only. Accordingly, we do not accept liability for any indirect loss,consequential loss, loss of data, loss of income or profit, loss of damage toproperty and/or loss from claims of third parties arising out of the use of theWebsite or for any products or services purchased from us.
10.8. We have taken all reasonable steps to prevent Internet fraud and ensureany data collected from you is stored as securely and safely as possible.However, we cannot be held liable in the extremely unlikely event of a breachingour secure computer servers or those of third parties.
10.9. In the event Wah Zaika has a reasonable belief that there exists an abuseof vouchers and/or discount codes or in suspected instances of fraud, Wah Zaikamay cause the shopper (or customer) to be blocked immediately and reserves theright to refuse future service. Additionally, should there exist an abuse ofvouchers or discount codes, Wah Zaika reserves the right to seek compensationfrom any and all violators.
10.10. Offers are subject to Wah Zaika's discretion and may be withdrawn at anytime and without notice.
11. Section 11: General.
11.1. All prices are in India Rupees. GST is included where indicated
11.2. We may subcontract any part or parts of the Services or Goods that weprovide to you from time to time and we may assign or novae any part or partsof our rights under these Terms and Conditions without your consent or anyrequirement to notify you.
11.3. We may alter or vary the Terms and Conditions at any time without noticeto you.
11.4. Payment must be made either at the time of ordering the Food Delivery,Goods or Services from us by credit card or at the time of delivery by cash.Failure to pay on time will result in the cancellation of your order.
11.5. Do not use or launch any automated system or program in connection withour website or its online ordering functionality.
11.6. Do not collect or harvest any personally identifiable information fromthe website, use communication systems provided by the website for anycommercial solicitation purposes, solicit for any reason whatsoever any usersof the website with respect to their submissions to the website, or publish ordistribute any vouchers or codes in connection with the website, or scrape orhack the website.
11.8. If any term or condition of our Agreement shall be deemed invalid,illegal or unenforceable, the parties hereby agree that such term or conditionshall be deemed to be deleted and the remainder of the Agreement shall continuein force without such term or condition.
11.9. These Terms and Conditions and our Agreement shall be governed by andconstrued in accordance with the laws of India. The parties hereto submit to theexclusive jurisdiction of the courts of India.
11.10. No delay or failure on our part to enforce our rights or remedies underthe Agreement shall constitute a waiver on our part of such rights or remediesunless such waiver is confirmed in writing.
11.11. Customers placing order with Wah Zaika are liable of receivingpromotional SMS, irrespective of their number being registered under NDNC. Ifcustomer wishes to not receive promotional SMS, they may contact usoncustomercare@WahZaika.com.
11.12. These Terms and Conditions and a contract (and all non-contractualobligations arising out of or connected to them) shall be governed andconstrued in accordance with India Laws. Both we and you hereby submit to thenon-exclusive jurisdiction of the India Courts. All dealings, correspondence andcontacts between us shall be made or conducted in the English language.
11.13. The voucher calculation is subject to Wah Zaika's discretion and may bealtered at any time and without notice. The voucher can discount any/all of thecomponents including food cost, taxes and fees and likewise.
11.14. Any Service Fee/Delivery Fee charged by Wah Zaika is subject toprevailing GST Rates.
11.15. Rates under the GST regime has recently been notified. The restaurantsare currently examining the taxability of their supplies. Wah Zaika hence, doesnot bear any responsibility on the taxes charged by the restaurant in theinterim period.