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Terms & Conditions

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Authorisation of the Agreement

* To become a member of WishBox, you will be required to complete and submit the online registration form. In order to successfully submit your registration, you must comply with the requirements found in WishBox’s user agreement.

* The fulfilment of provisions necessary to access the website – i.e. internet connection, computer, payment modes - will be your responsibility. People who use WishBox through your internet connection must also comply with the website’s terms. You agree to the Terms of Use by simply viewing, browsing or submitting any form or content on the website. The Terms of Use will serve as a binding legal agreement between you and WishBox. In the following paragraphs, the term "you" or "You" shall refer to any person or entity, who views, browses or submits any form of content on the website. If you refuse to comply with these Terms of Use, you are advised not to use the website. WishBox reserves the right to modify these Terms of Use at any time without prior notice. Furthermore, users must agree that during each visit to the website, the user will be subject to the then-current Terms of Use. Continued use of the WishBox website now or in the future following modifications in Terms of Use is considered as confirmation that you have read, accepted, and agreed to the terms mentioned. The terms and conditions apply to the WishBox website and its associated applications on devices such as iPhone, iPad, Android devices, and mobile site platforms.

Description of Services

Users who authorise the agreement will be allowed to order from merchants online via WishBox. The website offers a unique way for you to send your orders to merchants displayed. The key purpose of WishBox is to offer an easy and hassle-free service to customers, connecting them to merchants in their located area that offer delivery, takeaway, table bookings and appointments . Customers can build orders by using our interactive order menus and submit them in just a click.

The participating merchant is solely responsible for preparation and delivery of product. Users should be aware that merchant will always ensure that delivery is made on time. However, certain external forces that are well beyond their control (traffic blockades, road blocks, weather) can affect delivery at times. WishBox will inform you if such an unexpected delay is made known to us by the merchant.

WishBox does not sell or participate in any production. It only provides users with the ability to find nearby merchants to order from. Since these merchants are legally obligated to comply with local laws, rules and regulations and industry standards pertaining to preparation, sale, marketing and safety of the products. WishBox does not verify their credentials, nor test the ingredients or quality of products being sold. WishBox in no way guarantees the quality of any product or that the merchant complies with applicable laws or that the item delivered to the user will match the item displayed or described on the online menu.

WishBox will not be held accountable in the event that any product or services offered by merchants is deemed unhealthy or is the cause of an injury or illness, or that the delivered item does not meet the customer’s expectations. You are solely responsible for ensuring the accuracy of the delivery address. WishBox will not be liable or responsible for any inaccurate addresses provided by the user.

Order Placement and Processing

After selecting your desired food items from the Restaurant of your choice, click on the “Checkout” button to send your order. Ensure that all information provided by you is correct as you will not be able to modify your order once you’ve clicked on the “Checkout” button. Once your order has been successfully received, WishBox will process your order and redirect you to the Order Confirmation page. In the event that your mode of payment is unauthorised, your order will not be placed and you will be redirected to the previous page.

Order Cancellation

The window of time reserved for you to cancel your order once it has been placed is 5 minutes. WishBox also has the right to cancel an order if the product descriptions and/or pricing provided on the website is inaccurate. Merchants too have the right to cancel orders that have been sent to them. WishBox and our partner reserve the rights to cancel any order, before or after accepting the order, and will inform you immediately of any such cancellation.

Membership System

Each and every WishBox member will have a “user name” and “password” that are created by the member. No two members of WishBox can have the same “user name”. The “password” is only known to the member and can be changed at any time. Members are solely responsible for protection of their passwords. WishBox is not accountable for any problems that may arise from a wrongful use of a member’s password. From time to time, members will be informed of deals and promotions taking place in their areas. WishBox does not share user information with third party companies. The member’s phone number may be shared with the restaurant they have ordered from to ensure a fast and accurate delivery. If a user is looking to order from WishBox, they must first enter their “user name” and “password” at the given text fields. This process is called “login”.

As a user of WishBox, you confirm that any and all personal information provided is true, accurate, current and complete and that in case of changes, you will modify the information by visiting your WishBox member profile or by contacting us. You also agree not to use a false identity or impersonate another person or entity that you are unauthorised to use, Users are prohibited from registering multiple memberships that are to be used by the same person. Violation of this clause will result in termination of your membership.

Members must be highly discreet with their passwords and must not share or disclose their passwords to anyone. Members are solely responsible for any user activity or order placement that are submitted via their membership. If you believe that someone is aware of your password, contact us immediately.

WishBox will not be used for any unlawful or unauthorised purpose, including and not limited to:

  • - Distributing any unlawful, defamatory, abusive, harmful, obscene or otherwise objectionable material
  • - Material that constitutes a criminal offense, results in civil liability or otherwise breaches any laws or regulations.
  • - Trying to gain unauthorized access to highly sensitive areas of the website or to networks connected to it, or disabling and weakening the website’s operation, through hacking or similar means.

Member Responsibilities

As a member of WishBox, you accept that the information provided in the member registration form is accurate, and are responsible for any losses which may arise from providing erroneous or incorrect information. Risking such errors could lead to the termination of your membership.

You are responsible for any and all proclamations and personal opinions made while using WishBox, for all files uploaded and information shared, and in no way WishBox will be held accountable by the user or by law for these files. You are not permitted to access any services that are unauthorised for members or modify the software in any way, not to use the software that has been changed; and to indemnify WishBox for all material and moral losses in the event the member does not comply with the aforementioned articles, WishBox will not be held accountable for damages arising from accessing other members’ personal data by unauthorized members, not to send messages that are threatening, immoral or racist in nature. Members will not (a) harass and/or threaten other users, or any of WishBox’s live chat staff, (b) post or distribute any inappropriate and unlawful materials and information which may give harm to any person or entity, (c) advertise or sell products or services, engage in any activities such as survey, competition or chain mailing, (d) send any information or malicious programs that may harm the recipient’s computers.

All of the records obtained using WishBox are within the consent of the user, who will be responsible for any damages or losses caused by them. The user will not demand any compensation arising from the use of WishBox and will not use the website for any commercial and advertising purposes without gaining the consent of WishBox management. WishBox may monitor user activity at any time or continuously.

WishBox may use the website for commercial purposes. The member is responsible for all kinds of acts made under the “username”. WishBox prohibits members from mailing any legally forbidden information, circulating unauthorized mails like chain mail or malicious software, recording and misusing any personal information belonging to others. The customer must pay the service fee which is notified previously at the time of delivery; otherwise these products shall not be delivered to them. Members must not access the website or services using a third-party's account without the consent of the account holder, not use the website for illegal purposes, not commit any acts of infringement on the website. Members shall not use the website to take part in commercial activities that are not sanctioned by WishBox. They shall not copy any content for republication in print or online; they shall not publish reviews or blog entries for commercial purposes. Members shall not interfere with another member or entity’s use of WishBox, not upload or transmit viruses or other malicious files, and not interfere with or violate the security of the website, or any services, resources or accounts, linked to the website.

Users who are considered to be minors in the country they reside must provide the permission of a parent or guardian, who must also directly supervise their online activity. Minors should ensure that their parent/guardian reads and agrees to this user agreement prior to using the website.

The credit/debit cards while placing an order through the payment gateway must belong to the user. In other cases, the user must obtain legal permission from the card owner to perform the transaction.

User Generated Content and Conduct

PII or Personally Identifiable Information is the only form of information that is covered under our Privacy Policy. Any content or material you choose to share on the website apart from PII will be considered to be non-confidential. WishBox will own any content or material that is shared on the website and will decide on approving said material. WishBox and anyone we depute will be free to use the material provided by the user in any manner, for both commercial and non-commercial purposes. You are not allowed misuse the website by any means (including hacking).

You are prohibited from sharing to or from this website any material that:

  • - Breaches any local, national or international law;
  • - Is unlawful or fraudulent
  • - Amounts to unauthorized, non-consensual advertising;
  • - Contains viruses or any harmful, malicious programs.

Any written content submitted in the form of comments or feedback on the website must not (i) contain any libellous, obscene or offensive material, (ii) promote violence or discrimination of any kind, (iii) infringe on the IP rights of another member, (iv) promote any sort of illegal activity, (v) be used to impersonate another person or entity or misrepresent WishBox.

The prohibited acts listed in the above paragraphs are non-exhaustive. You will be directed to pay WishBox for all costs and damages which it incurs as a result of you breaching any of these restrictions. WishBox will co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of the above paragraphs.

Prohibited Activities

The website is not to be accessed or used for any purpose other than ordering products and services. WishBox is solely for personal use and may not be used as a venue for commercial activities, except for those that are approved by WishBox. If a user has been found to have taken part in a prohibited activity, WishBox reserves the right to suspend or terminate the user’s membership. The list of prohibited activities include but are not limited to the following:

  • (i) Criminal activity, including child pornography, fraud, trafficking forbidden and obscene material, gambling, harassment, stalking, spamming, copyright or patent infringement,
  • (ii) Selling or buying or offering to sell or buy any products or services, from other users or entities, unless authorized by WishBox
  • (iii) Systematic retrieval of data or content from the website without written permission from WishBox, and creating a compilation or directory with the information copied from the website
  • (iv) Unauthorized collection of usernames and/or email addresses
  • (v) Sending chain mail or spam mail to other users
  • (vi) Using any information obtained from the website in order to contact any user without their prior consent
  • (vii) Engaging in any of the system’s automations, such as modifying user scripts to add friends or send comments or messages, or using any data mining tools to gather information
  • (viii) Interfering with, disrupting, or creating an undue burden on the website or the networks or services connected to the website
  • (ix) Attempting to impersonate another user or person or entity
  • (x) Selling or giving your profile away to a different person or entity
  • (xi) Using any information obtained from the website to cause any type of harm to another member
  • (xii) Using the website to compete with WishBox or to provide external services to its members
  • (xiii) Modifying or manipulating any of the software, attempting to visit unauthorised parts of the website
  • (xiv) Causing any form of harm or distress to WishBox and its employees
  • (xv) Sharing any content on the website for commercial purposes, i.e. reviews or blog entries or bulletins
  • (xvi) Deleting or attempting to delete the copyright or proprietary rights notice
  • (xvii) Using the website in a manner that doesn’t comply with any and all applicable laws and regulations, and
  • (xviii) Any suspected malicious activities on the website or our applications

Authority

WishBox may temporary suspend or completely terminate the system operation at any time. WishBox shall not keep up with any pending orders due to the temporarily suspension or completely termination of the service and website.

Members will be prohibited from using the service unless they complete the verification processes notified by WishBox. WishBox reserves the right to back up and delete all or some of the files, messages provided by its members during the use of services, and will not be held responsible for it.

WishBox reserves the right to ownership of any content or information in the form of documents, designs, graphics, etc. that is shared on the website. WishBox reserves the right to post any user generated content and/or transmit them to another place within the website that is deemed as appropriate by WishBox. In such cases, WishBox shall not offer any royalty to the content creators.

Transactions are limited to the current availability of menus of the restaurants available on WishBox. The website is not responsible for any item left undelivered due to unavailability. Restaurants that have partnered with WishBox are obligated to modify pricing or product information found on their Restaurant pages in WishBox. In the event of errors arising out of product misinformation or incorrect pricing, WishBox may reverse this mistake by cancelling the order.

WishBox may redirect a member to other websites. In such cases, the member agrees that WishBox is not responsible for anything that may have occurred on that website. WishBox reserves the right to modify this agreement, and amend the existing articles or add new articles for the purpose of complying with any future technical necessities and legislation.

All Services in Wishbox currently require membership to access them. WishBox may provide additional services and change the accessibility of certain services partially or completely, or transform into a paid platform. To ensure the success of maintenance and website upgrades, the website may be unavailable at certain times. While we strive to notify users well in advance of any down times, Wishbox reserve the right to upgrade, alter or withdraw the service at any time.

Review Guidelines

Reviews are approved based on the following:

  • (i) Reviewers must have placed an order with the merchant and received the product before submitting a review.
  • (ii) WishBox is not obligated to permit all reviews to be published on the website. Reviews will not be approved if they contain offensive language, irrelevant content, and racial or gender discrimination.
  • (iii) Competing merchants will be prohibited from posting negative reviews. Violation of this will result in permanent removal from the website.
  • (iv) Allegations of Health Code and Local Law violations.

Review Endorsement:WishBox does not endorse any review found on the website. The views enforced in these reviews do not reflect that of WishBox or its subsidiaries. WishBox does not assume liability for any review or claims, liabilities or losses resulting from the use of our website, or information on our site.

Review Ownership:Any review submitted on the website are owned by WishBox. The website reserves the right to modify, translate, reproduce or distribute all content relating to reviews. Members will not receive any form of payment from WishBox for writing a review, neither will WishBox solicit such an impertinent exchange.

Termination of User Agreement

WishBox may terminate this agreement at any time and without the prior intimation of the member.

Restrictions for Reuse of Content

As a member of WishBox, you are not allowed to re-use any content found on the website for commercial use or re-publication in print or online. If you have been a part of such a scheme, you will accept the consequences involved and will be ordered to make a monetary compensation. Furthermore, your membership will be terminated.

Delivery Address Issues

If the customer is not available in the specified address, the order will not be delivered to any other location. In such cases, the member will accept all monetary and legal responsibilities for ordering a product or service to an address where they are not present.

Return Policy

Customers can contact the merchant if they would like to return their product or service. It is up to the merchant to decide whether or not to provide a replacement. WishBox will not interfere in any disputes arising out of returns.

Refund

If you have problems with your order, please get in touch with us through our email or hotline number, and we will offer necessary assistance. We will issue full or partial refund based on the case, equivalent to the amount paid by you as Wishbox Smile points which can be redeemed back on wishbox for your future purchase of products or services available on the platform.

Payment Modes

  • (1) WishBox offers a variety of payment modes for the customer to choose from. Payment modes that are currently available include: CoD (Cash on Delivery), debit and credit cards, and Wishbox smile points.
  • (2) WishBox reserves the right to offer newer payment modes or to cease any current payment mode.
  • (3) When the customer chooses an online mode of payment, that payment will be processed by an external provider through a payment gateway that has partnered with WishBox.
  • (4) Only if the customer provides consent on the external payment gateway, valuable card data such as Name, Card Number and Expiry Date will be stored by the payment gateway for future orders.
  • (5) The customer must ensure that the credit card being used is well within its designated transaction limit.

Pricing and Payment

When a merchant accepts your order, further responsibilities when it comes to processing and delivering your order lie with the merchant itself. If the customer has chosen a CoD (Cash on Delivery) mode of payment, such payments are made to the delivery person after the product or service has been delivered. If the customer has paid with a debit or credit card via the payment gateway, the transaction is processed by WishBox, which will act as an channel of the merchant. Delivery costs are decided based on the policy of the merchant, the customer is ordering from. These charges along with other fees (packing, taxes, etc.) will be displayed as part of a cost breakdown in the Order Summary page.

Cards

Please read the following terms of use before using debit and credit cards:

  • (i) If the customer has made a “special request” to the merchant, he/she may be liable to pay any extra charges by cash upon delivery. The customer will also be notified on the same.
  • (ii) If a customer wishes to cancel an order soon after placing it, he/she has a maximum of 5 minutes after placing the order to cancel it.
  • (iii) Refund processing may take up to 7 working days. In such cases, the customer is to follow up with wishbox to ensure an equivalent Wishbox smile points credited to his wishbox account. If requested by the customer, we will email the refund receipt to them.
  • (iv) Customers using card payment must be available on their respective mobile numbers.
  • (v) In the event of a missing item, the customer will be reimbursed by the merchant. This reimbursement applies only to the missing item and is subject to that merchant’s reimbursement policy.
  • (vi) Cards used by the customer must belong to the customer. If not, the customer must obtain legal permission from the card owner to perform the transaction.
  • (vii) If the customer is making a payment via cards, he/she is entirely liable and must carefully read all the terms listed here.

Records Maintenance and Validity

If an agreement-related dispute should arise, the member agrees and warrants that any record of any form will be considered evidence. Records include among others, bookkeeping entries, microfilms and all sorts of digital footprint. The member will waive any and all objection to the stated records held by WishBox and the right to tender an oath as long as these records are kept in due form. This agreement will be the basis of an evidential contract.

Laws of Governance

The Terms of Use mentioned in this agreement shall be governed by and interpreted in accordance with the law of the land. Disputes of any form (contractual and non-contractual) occurring in connection with the agreement shall be subject to the special jurisdiction of the courts.

Enforcement

If any part of these Terms is deemed unlawful or annulled or for any reason cannot be enforced, that provision will be severed from these Terms and will not influence the validity and enforceability of the remaining provisions mentioned in these Terms of Use. A relinquishment or waiver of any part of these Terms set by us shall not be interpreted as a waiver of any provision that precedes or succeeds the relinquished part of these Terms.

Licensing

As a user of WishBox, you are granted permission to view and access the site, to download content, to email and share via social media sites, or re-print pages as long as it is in accordance with these Terms mentioned in this agreement and as long as they are solely for your own personal use. Remove a trademark or copyright or commercial use is strictly prohibited. WishBox reserves the right to revoke this permission at any time.

Incorporation of any content or material to create a database or compilation or archive is strictly prohibited. Users of WishBox are not allowed to copy, modify, distribute, display or re-publish any content from the website and intend to reuse or resell it, or create derivative satirical works from it. Unless authorised by WishBox, you will not create deep-links to site or gain access through bots, spiders or web crawling tools. Any violation of the Terms mentioned in this paragraph may lead to legal proceedings filed in favour of WishBox. Any rights that are not expressly granted thus far are reserved.

Intellectual Property Rights

Any and all content available on the website including its trademarks, patents, and other branding material are owned by and/or licensed to WishBox. They are subject to copywriter and other intellectual property rights under the local and international laws and conventions. The WishBox content includes and are not limited to databases, software, website designs and layouts, text, graphic and photos, logos, audio and video files, buttons and icons, header designs, and scripts and source codes. These are all protected under local and international trademark laws. Any and all trademarks, domain names or branded terminology and names belonging to WishBox may not be used in a way that may cause confusion to other users. These intellectual properties may not be copied or used or imitated without the prior written permission of WishBox. Content and information on the website is provided on an “as is’ and “as available” basis and is strictly for your personal and non-commercial use and may not be used in any other manner – including and not limited to reproduction or distribution for purposes of any kind without the written permission of WishBox. Users are strictly prohibited from retrieving data or content from the website to create or compile a collection/compilation/directory/database without the approval of WishBox. If you are deemed eligible to use the website, you are granted a limited license. This license allows you to use and access the website, its content and information, and also to download or print a copy of a portion or the entire website, as long as it is for your own personal, non-commercial use. Any downloaded or printed copies of a part of the website or the full website must be for personal, non-commercial use only. Any copyright or proprietary notices present on the pages that were printed or reproduced must be retained in the copies made. As a WishBox user, you agree not to disable, modify or in any way disrupt with the website’s security features that are set up to restrict or limit usage or reproduction of any content of information present on the website.

Contribution Licensing

Any and all content shared by the user on WishBox will be owned by WishBox to exclusive perpetuity. WishBox owes no contributor any royalty or other forms of payment for sharing original or reproduced content on its website, and this content may be used by WishBox in the future for promotional or distributional purposes of any kind. WishBox reserves the right to use this content and by any means alter, redact or re-categorise or delete it to suit the website’s needs.

Outbound Links

From time to time, WishBox may offer links to other websites – some of them we may be affiliated with and others we are not. In no way will WishBox be held responsible for the content presented on the linked webpages as these are created and maintained by third party companies. The user must visit these outbound links at their own risk as WishBox has no control over these pages and cannot guarantee the information found in said pages. Your usage of information and content found on these webpages will not be in any way or form related to WishBox and we advise you to conduct an independent review before relying on the information or content presented on said webpages. WishBox does not endorse any form of commerciality (buying, selling, offers and promotions) that may be found on these outer webpages. As a WishBox user, you acknowledge that WishBox is not responsible for what you may view or access in these third-party webpages.

Liability Limitations

This website and its content and materials are provided by WishBox on an “as is” and “as available” basis, to the extent made permissible by law. Neither representation nor warranty, express or implied, is made by us regarding the content or general availability of the website. We also do not guarantee that the website will be completely timely or error-free, or that the defects will be corrected, or that the website or its hosting server will be completely free of viruses and other malware. Neither WishBox nor anyone working for the company or associated with the company are liable for any sort of consequential or indirect loss or damage, occurring due to the use or inability to use of this website. Our employees and agents will not be held liable for negligence in the event of personal injury or death of a user or any person associated with a user.

Indemnity

As a WishBox user, you agree to indemnify, protect and hold WishBox, its parent companies, subsidiaries, affiliates and other associated employees and entities, harmless from any claim, demand or damage made by anyone with direct or indirect connection with your use of the website – may it be in the form of your submissions or any alleged infringement of intellectual properties on your part or your violation of these Terms of Use, or violation of any other acts or omissions with regards to the website.

Disclaimer

Any and all content, information, services, products and materials made available throughout the website – whether provided by WishBox, you, other users or third parties and affiliates – are provided “as is” and “as available” and carry no warranties, be it express or implied. The list of this content includes and are not limited to user’s orders, text, photos and graphics, review submissions, audio or video files, and links of any kind submitted by any party. WishBox shall disclaim any and all representations and warranties – express or implied. These warranties may include merchantability, title, non-infringement, antivirus contracts and the likes.