We reserve the right to modify these policies at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
Limitation of Liability
1. Disclaimer of Wakao warranties?
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of our products or services will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Wakao, our directors, designated partners, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. In any event, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Wakao and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Revisions in terms
We reserve the right to revise these Terms and Conditions from time to time as explained further. Please check periodically for changes. If you do not agree with any of the revised Terms and Conditions please do not order from Wakao.
Registration for placing orders
To order from Wakao, you must register with us. This is referred to as ‘set up an account’ throughout our website and literature. However, this is not a credit account; payment will be required upon delivery of goods. This account can be set up by following the instructions on the website:
To register with Wakao you must be over eighteen years of age or, if you are a business, you must be operated by a person over eighteen years of age.
You must ensure that the details provided by you on registration or at any time are correct and complete.You must ensure that the details provided by you on registration or at any time are correct and complete.
You must inform us promptly of any changes to the information that you provided when registering, by updating your personal details within the order deadlines specified on our website.
Following your set up of an account, we will email confirmation of your account setup to you. For your records, please print or save this email. For your records, please also print or save these terms and conditions for future reference.
When you register to use the website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately. We would also suggest that you also change your password immediately through my account section of the website.
If Wakao team has reason to believe that there is likely to be a breach of security or misuse of the Wakao website, we may require you to change your password or we may suspend or cancel your account.
Wakao Product Purchases
- You must be over the age of eighteen to purchase products from Wakao. If you have ordered any product from us and cannot be at home at your selected delivery time, it is your responsibility to ensure that a suitable person aged eighteen or older is there to receive the order.
- You may submit orders for products by using our online ordering facility on the website at any time after you have created an account. The facility and our communications to you in relation to any order or contract will be in the English language. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.
- Each product for which you click ‘add to cart’ is added to the ‘cart’ facility. You are given the opportunity to review the quantity and frequency of orders in your dashboard when you choose to ‘check out’. You can change these, or cancel the purchase of each of the products completely, at this stage, at any time before clicking ‘place order’. After you have clicked ‘place order’ and after our acceptance of your order, items are added to your delivery in addition to any items that you have previously ordered. You can view your order details by clicking on ‘dashboard’ whenever you are logged in.
- Your submission of an order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as stated below:
- Order is accepted from you until our website displays an order confirmation message. This message is displayed after you click ‘place order’ located at the bottom of the page. A contract for the sale of products to you arises on our acceptance of your order.
- Where we accept an order, we do all that we can to ensure that your order is fulfilled. Products are, however, subject to availability and market conditions and we do not always know if a product is or will be available at the time of accepting an order. If we are unable to deliver an item you have ordered, we may offer a reasonable substitute. You may reject that substitute, and you will not be charged for it or if you have paid already, we will refund any amount paid for it. If we do not offer a substitute, we will remove the product from your order so that you are not charged or if you have paid already, we will refund you the price. We will, however, bear no liability for unavailability of products.
- Below the price that we charge you for the products will be the price stated by us on the website prior to you clicking the ‘place order’ button.
- We sell only to end-users and our products are not for re-sale. You warrant that you shall not re-sell any of the products unless you’re a distributor or in collaboration with us.
- All prices for products are inclusive of any applicable taxes.
You must ensure that Wakao is provided with accurate personal information, contact nos. and delivery address. You must update us with any change to these details within the deadlines specified on the website. As of now, Wakao accepts Cash on Delivery, Internet Banking, Wallet Transaction, Debit and Credit Card.
Delivery of Products
- We will make delivery to your address as stated when you set up an account or update that address. We reserve the right not to deliver to all locations and we will tell you when you apply to register an account with us whether we can deliver to your address. You are responsible for making suitable arrangements to receive your delivery and giving us appropriate instructions. In the event that your delivery is stolen from your doorstep or from security guards or damaged while there, we do not accept liability and will offer compensation at our discretion. We reserve the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal. Any changes to address details must be made before the order deadlines published on our website.
- We endeavor to keep your delivery time the same you mentioned while placing your order, but we reserve the right to change it temporarily or permanently and will tell you if we do so.
- If we are unable to deliver to you or have to deliver late, for reasons beyond our control, for example, adverse weather conditions, strike / ‘band’ actions, vehicle breakdown, traffic congestion or supplier failure, we cannot accept liability for any inconvenience or loss that this causes. We will not, of course, charge for products unless or until we have delivered them to you.
- We will not charge you for incorrect products (products that you have not ordered and substitutes for those products which substitutes are not acceptable to you) or products which we have not delivered in accordance with these Terms and Conditions. Otherwise, our liability in respect of incorrect delivery is limited to the price of the incorrect products or the products not so delivered.
- You must inspect the products as soon as possible after delivery and notify us within 48 hours of the delivery, if you find any defects, by calling us, emailing us or writing to us at the telephone number or address shown on our website. We will replace or refund you for defective products as per our return and refund policy.
Availability of Website/Services
Although Wakao aims to offer you the best service possible, we make no promise that our website services will meet your requirements and we cannot guarantee that the service will be fault-free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.
Your access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply.
It is your responsibility, at your cost, to obtain computer, internet connectivity, telecommunications or other necessary equipment or services to access the website.
Wakao may suspend or cancel any accepted order or your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
You can cancel your registration with us at any time by informing us in writing. If you do so, you must stop using Wakao services.
The suspension or cancellation of your registration shall not affect your and/or our rights or liabilities accrued to the date of suspension or cancellation or any orders submitted by you before we received notice of your cancellation, and you will continue to be bound by such orders.
Warranties & Liability
- While Wakao tries to ensure that material included on the website or in any other catalog or materials is correct, we cannot accept responsibility if, despite our endeavors, this is not the case. Wakao may correct any inaccuracies and/or errors and we will not be responsible for any such inaccuracies and/or errors or for the results obtained from the use of such information or for any technical problems you may experience with the website.
- We warrant that the products will be of satisfactory quality and, therefore, if the products which you purchase from us are faulty or defective, you should notify us as specified in our return and refund policy. We will examine the products and, if the products are faulty or defective, we will replace the faulty or defective products or refund the price of the faulty or defective products as per our return and refund policy.
- The warranty above does not apply to faults or defects which have been caused by your miss-use and/or neglect of the products or by accidents caused while the products are in your possession.
- We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the contract for: a) Any losses which are not foreseeable by you and us when the contract for the supply and purchase of the products is formed arising in connection with the supply of products and related services or their use by you. b) Any losses which are not caused by any breach by us; or business or trade losses (including, without limitation, loss of profits, loss of goodwill, loss of reputation and loss of business).
- Our entire liability in connection with the contract for the supply and purchase of products will not exceed the purchase price of the products in question.
- Nothing in these Terms and Conditions means that our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or subcontractors is limited.
- We shall not be liable for any delay or failure in the performance of our obligations due to events beyond our reasonable control such as but not limited to fire, flood, adverse weather, acts of God, strikes, labor disputes/band, riots, civil unrest, accident, disruption to energy supplies, equipment or supplier failure, road traffic problems, terrorism or war.
Intellectual Property Rights
All copyrights and other intellectual property rights subsisting in the website and its contents, including without limitation all text, graphics, product descriptions, packaging, product images, photographs, creatives, banners, labels, and code contained in the website, and in its look and feel (collectively, the “Contents“) are owned by Wakao or members of its group of companies, or by third-party providers.
Except where otherwise specified, you may view and copy the Contents only for your own use, provided that such use shall amount to ‘fair dealing’ under the provisions of Copyright Act, 1957. You agree that any use of the Contents by you shall bear all the proprietary notices and disclaimers displayed along with them on the website. Wakao reserves the right, but has no obligation, to change the Contents at any time.
Other than as specified above, nothing on the website should be construed as granting any right or license. Wakao does not guarantee that you have any right to use content available on the website that is owned by any third party, and that third party’s permission will not be required before you use such content. None of the Content may be changed, nor may any copyright or any notice on any of the Contents be altered or removed, without Wakao’s prior permission.
None of Wakao’s nor any of its group companies’ trademarks and copyrights may be used without Wakao’s prior written permission. Wakao reserves all its rights in such trademarks.
Other than as specified above, nothing on the website should be construed as granting any right or license. Wakao Foods does not guarantee that you have any right to use content available on the website that is owned by any third party, and that third party’s permission will not be required before you use such content. None of the Content may be changed, nor may any copyright or any notice on any of the Contents be altered or removed, without Wakao Foods’s prior permission.
You agree to indemnify and hold Wakao (including its officers, directors, employees, agents and other representatives) harmless from all liabilities, claims and expenses (including reasonable attorneys’ fees and expenses) resulting from your (i) breach of these Terms and Conditions, (ii) misuse of the website or any of the Contents, or (iii) infringement of any of Wakao’s intellectual-property rights.
These Terms and Conditions shall be governed by and construed in accordance with the Indian laws. The legal courts will have non-exclusive jurisdiction over any disputes arising under or in relation to these Terms and Conditions.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
The provisions of the contracts are expressly excluded from our contractual relationship with you so that no third party may claim any rights under that contractual relationship (but this shall not affect any right or remedy of a third party which exists or is available apart from that Act).
We may update these Terms and Conditions from time to time by posting the updated Terms and conditions on our website in place of these. The changes will apply to the use of the Wakao website after we have given notice. If you do not wish to accept the new Terms and Conditions, you should not continue to order from Wakao or use the Wakao website. If you continue to use the Wakao website after the date on which the change comes into effect, your use of the Wakao website indicates your agreement to be bound by the new Terms and Conditions.