WinResto Terms & Conditions
Effective Date: August 1, 2026
These Terms & Conditions ("Terms") govern the subscription to and use of WinResto ("Services") by the customer named on the applicable Order Form ("Customer"), offered by Winside Management Information Systems Pvt Ltd ("Company"). By signing an Order Form, subscribing to, or using WinResto, the Customer agrees to be bound by these Terms.
1. WhatsApp (Meta) Charges & Policy
All charges levied by Meta/WhatsApp for messages, conversations, or notifications sent via WinResto are borne directly by the Customer. The Company is not responsible for any change, suspension, or revision in Meta's pricing or policies.
2. Data Privacy & Lawful Use
Contact numbers and personal data collected by the Customer during order placement or onboarding must be used strictly as per applicable law (including TRAI regulations, the IT Act 2000, and the DPDP Act 2023). The Customer is solely responsible for obtaining valid end-user consent.
3. Availability, Downtime & Force Majeure
The Company is not liable to pay any Liquidated Damages (LD), penalty, or compensation for downtime or unavailability of WinResto, whether caused by the Company's infrastructure, Meta/WhatsApp systems, or factors beyond its reasonable control.
4. Fees & Payment
Subscription fees are payable in advance per the agreed billing cycle, exclusive of applicable taxes. Non-payment beyond 7 days of the due date may result in suspension of Services.
5. License & Intellectual Property
The Company grants a non-exclusive, non-transferable right to use WinResto for the Customer's internal business purposes during the subscription term. All IP rights in WinResto remain the Company's exclusive property.
6. Customer Compliance
The Customer shall use WinResto in compliance with applicable law, including anti-spam and commercial-communication regulations, and shall not send unsolicited or unlawful messages to end users.
7. Confidentiality
Each party shall keep confidential the other's proprietary and business information disclosed hereunder and use it solely for the purposes of this Agreement.
8. Limitation of Liability
The Company's aggregate liability shall not exceed fees paid by the Customer in the preceding 12 months, and excludes indirect, incidental, or consequential damages, including loss of profit, business, or data.
9. Indemnification
The Customer shall indemnify the Company against claims, penalties, or losses arising from the Customer's misuse of WinResto, breach of law, or end-user complaints regarding unsolicited communication.
10. Term & Termination
The applicable Order Form is valid for the agreed Contract Term and auto-renews for like periods unless either party gives 30 days' written notice. Either party may terminate for uncured material breach after 15 days' written notice.
11. Amendment
The Company may revise these Terms with reasonable prior notice via email or WinResto notification; continued use after such notice constitutes acceptance.
12. Governing Law & Entire Agreement
This Agreement is governed by the laws of India, subject to the exclusive jurisdiction of courts at Mumbai. The applicable Order Form, together with these Terms, constitutes the entire agreement between the parties and supersedes prior understandings.
13. System Requirements
The WinResto app requires Android version 13 or a later version to install and operate correctly. The Company is not liable for performance issues or malfunctions arising from use on unsupported or outdated device/OS versions.
14. Hardware & Equipment
Printer(s), mobile device(s), or any other hardware are not included in the subscription pricing unless specifically mentioned under "Special Note" on the Order Form.
15. Dedicated WhatsApp Number
The mobile number used for WhatsApp ordering through WinResto must be dedicated solely to that purpose and cannot also be used for regular/personal WhatsApp messaging on the same number.
Contact
Questions about these Terms can be sent to gkulkarni@winside.in.