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 an RBI-authorised payment aggregator engaged by the Restaurant you order from (currently one of PhonePe Private Limited, PayU Payments Private Limited, or Cashfree Payments India Private Limited, depending on the Restaurant), and are settled directly to that Restaurant. 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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