Terms of Service

1. INTRODUCTION AND ACCEPTANCE

Welcome to WingSnob ("we," "our," or "us"). These Terms of Service ("Terms") govern your use of our website located at wlng-snob.rest and our food delivery services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

1.1 Agreement to Terms

By using our Services, placing orders, creating an account, or accessing our website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must not use our Services.

1.2 Eligibility Requirements

To use our Services, you must:

• Be at least 18 years old or have parental consent
• Have the legal capacity to enter into binding contracts
• Provide accurate and complete information during registration
• Comply with all applicable laws and regulations

1.3 Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

1.4 Updates to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of the Services after changes are posted constitutes acceptance of the modified Terms.

2. DEFINITIONS

For the purposes of these Terms, the following definitions apply:

• "Company," "we," "us," or "our" refers to WingSnob, located at 265 Elizabeth St, New York, NY 10012, USA
• "User," "you," or "your" refers to any individual or entity using our Services
• "Services" refers to our food delivery services, website, mobile applications, and related services
• "Content" refers to all text, images, videos, audio, and other materials available through our Services
• "Website" refers to wlng-snob.rest and all associated subdomains
• "Order" refers to a request for food products and services through our platform
• "Delivery Zone" refers to the geographic areas where we provide delivery services

3. USE OF SERVICES

3.1 Permitted Use

You may use our Services for:

• Personal, non-commercial purposes only
• Ordering food products for consumption
• Accessing menu information and promotional content
• Creating and managing your user account
• Communicating with our customer service team

3.2 Prohibited Use

You agree not to:

• Use the Services for any illegal or unauthorized purpose
• Violate any local, state, national, or international laws
• Transmit or share harmful, offensive, or inappropriate content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with the proper functioning of the Services
• Use automated tools to access or interact with the Services
• Infringe upon our intellectual property rights or those of others
• Submit false, misleading, or fraudulent information
• Engage in spam, harassment, or other disruptive behavior
• Resell or commercially exploit any part of the Services
• Create multiple accounts for fraudulent purposes
• Use the Services to distribute malware or viruses

4. USER ACCOUNTS

4.1 Registration Requirements

To place orders and access certain features, you must create an account by providing accurate and complete information including your name, email address, phone number, and delivery address.

4.2 Account Security

You are responsible for:

• Maintaining the security of your login credentials
• Keeping your account information current and accurate
• Promptly notifying us of any security breaches
• All activities that occur under your account

4.3 One Account Per Person

Each person may maintain only one account. Creating multiple accounts may result in account suspension or termination.

4.4 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion.

5. PRODUCTS AND SERVICES

5.1 Product Descriptions

We strive to provide accurate descriptions and images of our food products. However, actual products may vary slightly from descriptions due to natural variations in ingredients and preparation.

5.2 Allergen Information

While we provide allergen information for our products, we cannot guarantee that any food item is completely free from allergens due to potential cross-contamination. Customers with food allergies should exercise caution and inform us of any severe allergies when ordering.

5.3 Pricing and Availability

All prices are subject to change without notice. Product availability may vary and is not guaranteed. We reserve the right to refuse or cancel orders for products that are unavailable or discontinued.

5.4 Order Acceptance and Processing

All orders are subject to acceptance by WingSnob. We reserve the right to refuse or cancel any order for any reason, including but not limited to:

• Product unavailability
• Pricing errors
• Delivery location outside our service area
• Suspected fraudulent activity
• Failure to meet minimum order requirements

5.5 Minimum Order Requirements

A minimum order value of $15.00 is required for delivery. Orders below this amount may be subject to additional fees or cancellation.

5.6 Delivery Terms and Timing

Delivery is available within our designated delivery zones during operating hours. Estimated delivery times are approximate and may vary due to weather, traffic, order volume, and other factors beyond our control. We are not liable for delays in delivery.

5.7 Delivery Zone Restrictions

Delivery is limited to specific geographic areas around our location. Orders placed outside our delivery zone will be canceled and refunded.

5.8 Temperature-Sensitive Item Handling

Hot food items are delivered in insulated containers to maintain temperature. However, we cannot guarantee food temperature upon delivery due to variables in delivery time and environmental conditions.

5.9 Order Modification and Cancellation

Orders may be modified or canceled within 5 minutes of placement. After this window, modifications or cancellations are subject to our discretion and may incur charges.

5.10 Food Quality Guarantee

We stand behind the quality of our food. If you are unsatisfied with your order due to quality issues, please contact us within 30 minutes of delivery for resolution.

5.11 Payment Terms

Payment is required at the time of order placement. We accept major credit cards, debit cards, and digital payment methods. All payments are processed securely through our payment partners.

5.12 Returns and Refunds

Due to the nature of food products, returns are not accepted. Refund policies are detailed in our separate Refund Policy document, which can be found at refund.html.

6. INTELLECTUAL PROPERTY

6.1 Our Ownership

All content on our website and Services, including but not limited to text, graphics, logos, images, audio clips, video content, software, and digital downloads, is the property of WingSnob or its licensors and is protected by copyright, trademark, and other intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for personal, non-commercial purposes in accordance with these Terms.

6.3 User Content License

By submitting content to our Services (such as reviews, comments, or photos), you grant us a non-exclusive, royalty-free, perpetual license to use, modify, and display such content for business purposes.

6.4 Copyright Infringement

If you believe your copyrighted work has been infringed, please contact us at [email protected] with detailed information about the alleged infringement.

7. USER CONTENT

7.1 Content Responsibility

You are solely responsible for any content you submit, post, or transmit through our Services. This includes reviews, comments, photos, and any other user-generated content.

7.2 Content License Grant

By submitting content, you grant WingSnob a worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such content across all media formats.

7.3 Prohibited Content

You may not submit content that:

• Is false, misleading, or defamatory
• Violates the rights of others
• Contains hate speech or discriminatory language
• Promotes illegal activities
• Contains personal information of others
• Is spam or commercial in nature
• Contains viruses or malicious code

7.4 Content Removal

We reserve the right to remove any user content that violates these Terms or is deemed inappropriate at our sole discretion.

7.5 No Endorsement

User content does not reflect our views or opinions. We do not endorse any user content or guarantee its accuracy.

8. DISCLAIMERS

8.1 "As Is" Service

Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.2 Service Availability

We do not warrant that our Services will be uninterrupted, error-free, or completely secure. Service interruptions may occur due to maintenance, updates, or technical issues.

8.3 Third-Party Content

We are not responsible for the accuracy, completeness, or reliability of third-party content, including user reviews, external website links, or partner services.

8.4 Professional Advice

Information provided through our Services is for general purposes only and should not be considered professional dietary, medical, or nutritional advice.

9. LIMITATION OF LIABILITY

9.1 Maximum Liability

In no event shall WingSnob's total liability to you for all damages, losses, and causes of action exceed the amount paid by you for the Services during the twelve (12) months preceding the claim.

9.2 Excluded Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits or revenue
• Loss of data or business interruption
• Personal injury or property damage
• Emotional distress
• Loss of goodwill or reputation

9.3 Essential Purpose

The limitations set forth in this section shall apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

9.4 Jurisdictional Variations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

10. INDEMNIFICATION

10.1 User Indemnification

You agree to indemnify, defend, and hold harmless WingSnob, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with:

• Your use of our Services
• Your violation of these Terms
• Your violation of any rights of another
• Your user content
• Your negligent or wrongful conduct

10.2 Defense Rights

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you.

10.3 Survival

This indemnification obligation will survive the termination of these Terms and your use of the Services.

11. THIRD-PARTY LINKS AND SERVICES

11.1 External Links

Our Services may contain links to third-party websites or services. These links are provided for convenience only and do not constitute an endorsement.

11.2 Third-Party Terms

Your use of third-party services is governed by their respective terms and conditions. We are not responsible for third-party content, policies, or practices.

11.3 No Liability

We shall not be liable for any loss or damage arising from your use of third-party services or content.

12. TERMINATION

12.1 Company Termination Rights

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms.

12.2 User Termination Rights

You may terminate your account at any time by contacting us or using the account deletion feature in your profile settings.

12.3 Effect of Termination

Upon termination, your right to use the Services will cease immediately. All provisions of these Terms that should survive termination shall survive.

12.4 Survival of Provisions

The following sections shall survive termination: Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and General Provisions.

13. GOVERNING LAW AND DISPUTES

13.1 Applicable Law

These Terms shall be governed by and construed in accordance with the laws of New York State, United States, without regard to conflict of law principles.

13.2 Jurisdiction and Venue

Any legal action or proceeding relating to these Terms shall be brought exclusively in the federal or state courts located in New York County, New York.

13.3 Dispute Resolution

Before filing any legal action, parties agree to attempt resolution through good faith negotiations. If informal resolution fails, disputes may be resolved through binding arbitration.

13.4 Class Action Waiver

You agree that any arbitration or legal proceeding shall be limited to the dispute between you and WingSnob individually. You waive any right to participate in class action lawsuits or class-wide arbitrations.

14. CHANGES TO TERMS

14.1 Modification Rights

We reserve the right to modify these Terms at any time in our sole discretion. Changes may be made for various reasons including legal, regulatory, or business considerations.

14.2 Notification of Changes

When we make material changes to these Terms, we will notify users through:

• Email notification to registered users
• Prominent notice on our website
• In-app notifications where applicable
• Updates to the "Last Updated" date at the top of this document

14.3 Acceptance of Changes

Your continued use of the Services after changes are posted constitutes acceptance of the modified Terms.

14.4 Review Responsibility

It is your responsibility to review these Terms periodically for updates and changes.

15. GENERAL PROVISIONS

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and WingSnob concerning the Services.

15.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

15.3 Waiver

No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

15.4 Assignment

These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you without our prior written consent. We may freely assign these Terms without restriction.

15.5 Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, strikes, or government regulations.

15.6 Headings

The headings in these Terms are for convenience only and shall not affect their interpretation.

15.7 Language

These Terms are written in English. In case of any translation, the English version shall prevail.