terms

v1.0

# Dawingo Resto — Customer (Diner) Legal Documents

**Platform:** Dawingo Resto ("Platform"), operated by **Wephoton**, a sole proprietorship concern of **M. Mohamed Thavfeek**, having its principal place of business at **No. 5, Kannappar Street, MMDA Nagar, Chitlapakkam, Chennai, Tamil Nadu – 600064, India** ("Wephoton", "we", "us", "our").

**Documents in this file:**

1. Terms of Use (Customers)
2. Privacy Policy
3. Cookie & Tracking Policy
4. Payment, Refund & Cancellation Policy
5. Ratings & Review Guidelines
6. Grievance Redressal Policy

Effective date: **7 July 2026** · Version: **1.0**

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# 1. Terms of Use (Customers)

## 1.1 Who we are and what Dawingo Resto does

Dawingo Resto is a technology platform that lets you view a restaurant's digital menu, place dine-in orders from your table by scanning a QR code, track the status of your order, and pay for your order online or at the restaurant. Dawingo Resto is operated by Wephoton, a sole proprietorship concern of M. Mohamed Thavfeek.

**Dawingo Resto is a software provider only.** The restaurant you order from (the "Restaurant") — not Wephoton — prepares, prices, sells, and serves your food and beverages. Your contract of sale for food is with the Restaurant. Wephoton is not a restaurant, food business operator, or seller of food.

## 1.2 Acceptance

By scanning a Restaurant's QR code, accessing any page of the Platform's ordering interface, creating an account, placing an order, or making a payment, you agree to these Terms of Use, the Privacy Policy, the Cookie & Tracking Policy, and the Payment, Refund & Cancellation Policy. If you do not agree, do not use the Platform.

## 1.3 Eligibility

- You must be capable of entering into a legally binding contract under the Indian Contract Act, 1872 (generally, 18 years of age or older).
- If you are under 18, you may use the Platform only with the involvement and consent of a parent or legal guardian, who accepts these Terms on your behalf. We do not knowingly collect personal data of children for advertising, behavioural tracking, or profiling.

## 1.4 Your account and OTP login

- Certain features (order history, saved details, ratings) require verification of your mobile number using a one-time password (OTP) sent by SMS.
- You confirm the mobile number you provide is yours and that you are authorised to receive OTPs on it.
- You are responsible for activity that occurs through your verified number and device. Do not share OTPs with anyone, including persons claiming to represent Wephoton or the Restaurant. We will never ask for your OTP over a call.
- We may use a device identifier cookie to remember your device at a table. See the Cookie & Tracking Policy.

## 1.5 How ordering works on Dawingo Resto

1. **Scan & browse.** Scanning the QR code at your table opens the menu of that specific Restaurant outlet, associated with your table number.
2. **Place order.** When you place an order, it is transmitted to the Restaurant's kitchen and staff. The Restaurant accepts and fulfils the order.
3. **Order changes and cancellation.** You may modify or cancel items in your order **only until the kitchen begins preparing any item in it**. Once any item moves to "preparing", the order is locked and can no longer be edited or cancelled through the Platform. Any change after that point is at the Restaurant's sole discretion — speak to the Restaurant's staff.
4. **Order status.** The Platform shows live order status (placed, preparing, ready, served) as updated by the Restaurant. Status timing depends on the Restaurant; Wephoton does not control preparation or serving times.
5. **Payment.** You may pay online through the Platform's payment gateway, or at the restaurant (cash/other modes collected directly by Restaurant staff, including payment collected at your table by a waiter). See the Payment, Refund & Cancellation Policy.

## 1.6 Menu information, pricing, images and nutrition

- Menu items, descriptions, prices, taxes, offers, and availability are set and controlled by the Restaurant. Prices are shown in Indian Rupees (₹) and include or exclude taxes as displayed at checkout.
- Menu images are illustrative and come from a curated image library; the served dish may differ in appearance, portion, and presentation.
- **Nutrition values shown on the Platform are estimates**, derived by multiplying standardised per-100-gram reference data for a dish type by the portion weight declared by the Restaurant. They are not laboratory-tested values for the specific dish served to you. Do not rely on them for medical, allergy, or dietary decisions.
- **Allergen disclaimer:** the Platform may display ingredient or dietary tags (e.g., veg/non-veg) as provided by the Restaurant. If you have a food allergy or dietary restriction, confirm directly with Restaurant staff before ordering. Wephoton is not responsible for allergen accuracy.

## 1.7 Offers and banners

Offers, discounts, and promotional banners displayed on a Restaurant's menu are created and funded by that Restaurant (or its brand) unless expressly stated otherwise. Offer terms, eligibility, and withdrawal are the Restaurant's responsibility. Obvious pricing errors in an offer may be corrected or the affected order cancelled and refunded.

## 1.8 Your obligations

You agree not to:

- place orders you do not intend to honour, or leave the premises without paying for served orders;
- use another person's mobile number, OTP, or payment instrument without authorisation;
- interfere with the Platform's operation, probe or scan its systems, scrape data, reverse engineer the software, or bypass security or rate limits;
- post ratings or reviews that are fake, paid-for without disclosure, defamatory, obscene, hateful, infringing, or unrelated to a genuine order (see Ratings & Review Guidelines);
- use the Platform for any unlawful purpose.

We may suspend or block access (including by device or mobile number) for violation of these Terms.

## 1.9 Intellectual property

The Platform software, design, logos, and the names "Dawingo Resto" and "Wephoton" are owned by Wephoton. Restaurant menus, names, and marks belong to the respective Restaurants. You get a limited, revocable, non-transferable licence to use the Platform for personal, non-commercial dine-in ordering only.

## 1.10 Third-party services

Payments are processed by our authorised payment aggregator (currently Razorpay Software Pvt. Ltd.). OTP SMS delivery and transactional email are handled through third-party communication providers. Your use of the payment gateway is also subject to that provider's terms.

## 1.11 Disclaimers

- The Platform is provided on an "as is" and "as available" basis. We do not warrant uninterrupted, error-free operation; connectivity at the restaurant, device compatibility, and Restaurant-side actions can affect the experience.
- Wephoton is not responsible for food quality, safety, hygiene, preparation, service, billing disputes at the counter, or the conduct of Restaurant staff. Those are the Restaurant's responsibility, including its obligations under the Food Safety and Standards Act, 2006 and applicable FSSAI licensing and labelling requirements.
- Nothing in these Terms limits your rights as a consumer under the Consumer Protection Act, 2019 that cannot be limited by contract.

## 1.12 Limitation of liability

To the maximum extent permitted by law, Wephoton's aggregate liability to you for any claim arising out of the Platform is limited to the **amount you paid through the Platform for the specific order giving rise to the claim**, or **₹1,000**, whichever is higher. Wephoton is not liable for indirect, incidental, or consequential losses. Nothing here excludes liability that cannot be excluded under Indian law, including for fraud or gross negligence.

## 1.13 Indemnity

You will indemnify Wephoton against claims arising from your violation of these Terms, your unlawful use of the Platform, or your infringement of any third party's rights (including through content you post).

## 1.14 Changes to the Platform and these Terms

We may update the Platform and these Terms. Material changes will be notified on the Platform with a revised effective date. Continued use after the effective date constitutes acceptance. We maintain an archive of previous versions; you may request a copy from the Grievance Officer.

## 1.15 Governing law and dispute resolution

These Terms are governed by the laws of India. Subject to any non-excludable consumer-forum rights you hold under the Consumer Protection Act, 2019, disputes shall be subject to the exclusive jurisdiction of the courts at **Chennai, Tamil Nadu**.

## 1.16 Contact

Wephoton (sole proprietorship of M. Mohamed Thavfeek)
No. 5, Kannappar Street, MMDA Nagar, Chitlapakkam, Chennai, Tamil Nadu – 600064, India
Email: **support@wephoton.in** · Phone: **+91 89391 29202**

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# 2. Privacy Policy

This Privacy Policy explains how Wephoton ("we") processes your personal data when you use Dawingo Resto. It is published in compliance with the Information Technology Act, 2000, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and the Digital Personal Data Protection Act, 2023 ("DPDP Act").

## 2.1 Roles

- For your Platform account, order records, and Platform analytics, **Wephoton is the Data Fiduciary**.
- The Restaurant you order from also receives your order details (items, table, name if provided, contact details where applicable) to fulfil your order. For its own use of that data (e.g., its customer relationships), the **Restaurant is an independent Data Fiduciary**, responsible for its own compliance.

## 2.2 What we collect

| Category | Data | Source |
|---|---|---|
| Identity & contact | Mobile number (verified by OTP), name (optional) | You |
| Order data | Items ordered, table and outlet, order value, timestamps, order status history, special instructions | You / Restaurant systems |
| Payment data | Payment status, transaction reference, amount, payment method type | Payment gateway. **We never receive or store your full card number, CVV, UPI PIN, or banking passwords.** Card payments are handled on the payment aggregator's PCI-DSS-compliant hosted checkout. |
| Ratings & reviews | Ratings and review text you submit, linked to your order | You |
| Device & usage | Device identifier cookie, session cookie, IP address, browser type, pages viewed, approximate coarse location inferred from the QR/table you scanned | Automatic |
| Notifications | Web push subscription token (only if you opt in) | You |

We do not collect biometric, financial account, health, or precise GPS location data.

## 2.3 Why we process it (purpose & lawful basis)

| Purpose | Basis under DPDP Act |
|---|---|
| Creating your account and verifying your mobile number via OTP | Consent |
| Transmitting your order to the Restaurant and showing live status | Consent / performance of the service you requested |
| Processing payments and issuing refunds | Consent; legal obligations (payment and tax laws) |
| Sending transactional SMS/email/push about your order and payments | Consent / legitimate use for the service requested |
| Publishing your ratings and reviews | Consent |
| Fraud prevention, security, rate limiting, abuse blocking | Legitimate use — protecting the Platform and its users |
| Complying with law (tax, CERT-In directions, court orders) | Legal obligation |
| Promotional communications, if any | Separate opt-in consent only; withdraw any time |

We do not sell your personal data. We do not use your data for third-party advertising or cross-site behavioural profiling.

## 2.4 Who we share it with

- **The Restaurant you order from** — order details necessary for fulfilment and service.
- **Payment aggregator (Razorpay Software Pvt. Ltd.)** — to process payments and refunds.
- **SMS provider (MSG91)** — to deliver OTPs and transactional SMS.
- **Email provider (Resend)** — to deliver transactional emails, where applicable.
- **Hosting provider** — the Platform runs on Wephoton-managed servers provisioned with **[VPS PROVIDER, REGION]**.
- **Law enforcement or regulators** — where required by applicable law or valid legal process.

Analytics and error monitoring are **self-hosted and operated by Wephoton** — no analytics or error data is shared with any third party. We share only what each recipient above needs, and recipients acting on our behalf are bound by contracts requiring them to protect your data.

## 2.5 Where your data is stored

Your data is stored on Wephoton-managed servers provisioned with [VPS PROVIDER, REGION]. Some service providers listed above may process limited data (e.g., SMS delivery logs) in their own regions. Any cross-border processing is carried out in accordance with the DPDP Act; we do not transfer personal data to any country restricted by the Central Government.

## 2.6 How long we keep it

| Data | Retention |
|---|---|
| Account (mobile number, name) | Until you delete your account, plus **30 days** for backup rotation |
| Order and payment records | **8 years** from the transaction (tax and accounting law requirements), after which deleted or anonymised |
| OTP codes | Minutes — expired and discarded immediately after verification |
| Ratings/reviews | Until you delete them or your account |
| Server and security logs | Minimum **180 days** (CERT-In Directions, 2022) |
| Push subscription | Until you disable notifications or your browser revokes the token |

## 2.7 Your rights (DPDP Act)

You have the right to:

1. **Access** — obtain a summary of the personal data we hold about you and the processing activities;
2. **Correction and erasure** — correct inaccurate data and request deletion of data no longer required (order/payment records must be retained for the statutory periods above);
3. **Withdraw consent** — at any time, with effect for future processing; this may disable OTP login and ordering features;
4. **Grievance redressal** — see the Grievance Redressal Policy below;
5. **Nominate** — nominate a person to exercise your rights in case of death or incapacity.

To exercise any right, email **support@wephoton.in** from your registered details or use the in-app options. We respond within the timelines prescribed under the DPDP Act and rules.

## 2.8 Security

We use HTTPS/TLS encryption in transit, encrypted storage, hashed credentials, role-based access controls, row-level security isolating each restaurant's data, rate limiting, and audit logging. Payment card data never touches our servers. No system is perfectly secure; report suspected vulnerabilities to **support@wephoton.in**.

## 2.9 Data breach

In the event of a personal data breach, we will notify the Data Protection Board of India and affected users as required under the DPDP Act, and report cyber security incidents to CERT-In within the mandated timelines.

## 2.10 Children

The Platform is not directed at children. We do not knowingly process children's personal data for tracking, behavioural monitoring, or targeted advertising. A parent or guardian who believes a child's data was collected without consent may contact the Grievance Officer for erasure.

## 2.11 Changes

We will post any changes here with a new effective date and, for material changes, notify you on the Platform. Prior versions are archived and available on request.

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# 3. Cookie & Tracking Policy

## 3.1 What we use

Dawingo Resto uses a small number of strictly functional cookies and browser storage entries. We do **not** use third-party advertising or cross-site tracking cookies.

| Name / type | Purpose | Duration | Category |
|---|---|---|---|
| `dawingo_restro_session` | Keeps you signed in after OTP verification (secure session token) | 7 days | Strictly necessary |
| Device identifier cookie | Recognises your device at a table so your cart and order stay linked to you | 365 days | Strictly necessary |
| Payment gateway cookies | Set by the payment aggregator's hosted checkout page to process your payment securely | Per gateway policy | Strictly necessary (third party) |
| Local storage (cart, preferences) | Holds your in-progress cart and display preferences on your device | Until cleared | Strictly necessary |
| Push subscription token | Delivers order-status notifications you opted into | Until revoked | Consent-based |

## 3.2 Analytics and error monitoring

Usage analytics and error monitoring are **self-hosted on Wephoton's own servers**. No analytics data, error report, or identifier is sent to any third-party analytics or advertising service, and no cross-site tracking is performed.

## 3.3 Managing cookies

Strictly necessary cookies cannot be disabled without breaking ordering and login. You can clear cookies and local storage from your browser settings at any time; doing so signs you out and empties your cart. You can disable push notifications from your browser or device settings.

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# 4. Payment, Refund & Cancellation Policy

## 4.1 Payment options

- **Pay online:** through our payment aggregator's hosted checkout (UPI, cards, netbanking, wallets, as available). All amounts are in Indian Rupees (₹).
- **Pay at restaurant:** cash or any mode the Restaurant accepts directly, including payment collected at your table by Restaurant staff. Payments made directly to the Restaurant are the Restaurant's responsibility; Wephoton does not process or hold them.

Wephoton does not itself handle, hold, or pool your money. Online payments are collected and settled by the RBI-authorised payment aggregator directly to the Restaurant (subject to the aggregator's escrow and settlement process).

## 4.2 Card and payment data

Card details are entered only on the payment aggregator's PCI-DSS-compliant checkout. Wephoton never sees or stores your card number or CVV. Card storage/tokenisation, if offered, is performed by the aggregator under RBI's card-on-file tokenisation framework, with your consent, at checkout.

## 4.3 Order cancellation

- You can cancel or modify an order **only before any item enters "preparing" status**. After that the order is locked (Section 1.5 of the Terms of Use).
- If you cancel an online-paid order before preparation begins, the full amount is refunded (Section 4.5).
- The Restaurant may cancel an order (e.g., item unavailable). In that case any online payment for the cancelled items is refunded in full.

## 4.4 When you are entitled to a refund

| Situation | Refund |
|---|---|
| Payment debited but order not created / payment failure | Full automatic refund (see 4.5) |
| Duplicate/double charge for the same order | Full refund of the duplicate charge |
| Order cancelled by you before preparation | Full refund |
| Order or items cancelled by the Restaurant | Full refund for cancelled items |
| Food quality, wrong item served, service complaints | Raise with the Restaurant first — the food sale contract is with the Restaurant. If the Restaurant approves a refund, it is processed to your original payment method. You may escalate to our Grievance Officer if unresolved (Section 6). |

## 4.5 Refund timelines and method

- Refunds are made **only to the original payment method**. No cash refunds for online payments.
- Approved refunds are initiated within **2 business days** of approval. The payment aggregator and your bank typically credit the amount within **5–7 business days** (UPI is usually faster; card refunds depend on the issuing bank).
- If a refund is not received within 10 business days of our confirmation, contact **support@wephoton.in** with the transaction reference.

## 4.6 Chargebacks

Raising a chargeback with your bank for a legitimately delivered and consumed order may result in suspension of your access. Please contact us first — most issues resolve faster through our grievance process.

## 4.7 Taxes and invoices

Prices, GST, and any service charge on your food bill are determined and invoiced by the Restaurant, which is the seller of record for the food. Ask the Restaurant for your tax invoice.

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# 5. Ratings & Review Guidelines

1. You may rate and review only orders you actually placed through the Platform.
2. Reviews must reflect your genuine experience. Incentivised or paid reviews without disclosure are prohibited (Consumer Protection Act, 2019 and applicable guidelines on fake reviews).
3. Prohibited content: profanity, hate speech, threats, personal data of others (names/photos of staff without consent), promotional/spam content, allegations of crime, and content that infringes others' rights.
4. Restaurants can view ratings; they cannot edit your review. We may remove reviews that violate these guidelines or applicable law, and will act on valid takedown requests per the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
5. You grant Wephoton and the reviewed Restaurant a non-exclusive, royalty-free licence to display your review on the Platform.
6. To edit or delete your review, use the in-app option or contact the Grievance Officer.

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# 6. Grievance Redressal Policy

## 6.1 First step — the Restaurant

For food quality, billing at the counter, service, or staff conduct, raise the issue with the Restaurant's manager at the outlet. Most issues are best resolved on the spot.

## 6.2 Platform grievances — Grievance Officer

For issues with the Platform, payments, refunds, your personal data, or content (reviews), contact our Grievance Officer, appointed under the Information Technology Act, 2000 and rules thereunder, the Consumer Protection (E-Commerce) Rules, 2020, and the DPDP Act, 2023:

> **Grievance Officer:** M. Mohamed Thavfeek
> **Designation:** Grievance Officer, Wephoton (Dawingo Resto)
> **Email:** support@wephoton.in
> **Phone:** +91 89391 29202 (Mon–Sat, 9:00–21:00 IST)
> **Address:** No. 5, Kannappar Street, MMDA Nagar, Chitlapakkam, Chennai, Tamil Nadu – 600064, India

**Timelines:** complaints are acknowledged within **48 hours** and resolved within **15 days** (data-related grievances within the period prescribed under the DPDP Rules).

## 6.3 Escalation

If you are unsatisfied with the resolution, you may approach:

- the **Data Protection Board of India** (for personal data grievances, after exhausting our grievance process);
- the consumer dispute redressal commissions under the **Consumer Protection Act, 2019**;
- the **National Consumer Helpline** (1915 / consumerhelpline.gov.in).

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