Terms of Service

Please read these Terms of Service carefully before using the website wingsover-chicken.click or placing any order through our platform. By accessing or using our website, you agree to be legally bound by these Terms of Service.

1. Acceptance of Terms

By accessing, browsing, or using the website located at wingsover-chicken.click (the "Website"), placing an order, or otherwise interacting with any services offered by Wings Over ("Company," "we," "us," or "our"), you ("User," "Customer," or "you") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), including any additional guidelines, policies, or rules incorporated herein by reference.

If you do not agree to these Terms in their entirety, you must immediately discontinue use of the Website and refrain from placing any orders or engaging with our services. Your continued use of the Website following any modifications to these Terms constitutes your acceptance of the revised Terms.

These Terms constitute a legally binding agreement between you and Wings Over. If you are using the Website on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall include that entity.

You must be at least 18 years of age, or the age of majority in your jurisdiction, to use our Website and services. By using our Website, you represent that you meet this age requirement. If you are under the applicable age of majority, you may only use our services with the involvement and consent of a parent or legal guardian.

2. Description of Services

Wings Over is a food service business operating in the United States. We offer customers the ability to browse our menu, place orders for food and beverages, and arrange for pickup or delivery services through our Website. Our services include, but are not limited to:

• Online Ordering: Users may browse our menu and place orders for food items directly through our Website.
• Pickup Services: Customers may place orders online and pick up their prepared food at our designated location.
• Delivery Services: Where available, we offer delivery of food items to addresses within our designated delivery zones. Delivery availability, fees, and time estimates are subject to change.
• Catering and Special Orders: We may offer catering services or special bulk orders upon request. These are subject to separate agreements and availability.
• Promotional Offers: From time to time, we may offer special promotions, discounts, or loyalty rewards through our Website. These are subject to their own terms and conditions.
• Customer Support: We provide customer support via email and other communication channels to assist with orders, inquiries, and complaints.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice, and without liability to you. Menu items, pricing, availability, and delivery zones are subject to change at our sole discretion. We do not guarantee the continuous availability of any particular menu item, service, or promotional offer.

All food items are prepared in a commercial kitchen that may handle common allergens, including but not limited to nuts, dairy, gluten, soy, shellfish, eggs, and fish. It is the responsibility of the customer to inform us of any dietary restrictions or food allergies prior to placing an order. Wings Over shall not be held liable for allergic reactions or adverse health effects resulting from a failure to disclose dietary restrictions or allergens.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of using our Website and services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order, including your name, delivery address, contact information, and payment details.
• Maintain the confidentiality of your account credentials, including your password, and notify us immediately of any unauthorized use of your account.
• Use the Website and services solely for lawful purposes and in accordance with these Terms.
• Comply with all applicable local, state, and federal laws and regulations of the United States when using our Website and services.
• Promptly pay for all orders placed through the Website, including applicable taxes, delivery fees, and any other charges.
• Ensure that someone of appropriate age is available to receive delivery orders, particularly if the order includes any age-restricted products.
• Treat our staff, delivery personnel, and other users with respect and courtesy at all times.

3.2 Prohibited Activities

You agree that you will not engage in any of the following prohibited activities when using our Website or services:

• Placing fraudulent, false, or misleading orders or providing inaccurate personal or payment information.
• Using the Website for any unlawful purpose or in violation of any applicable federal, state, or local laws or regulations.
• Attempting to gain unauthorized access to any portion of the Website, user accounts, or computer systems or networks connected to our Website.
• Using automated bots, scrapers, crawlers, or other automated tools to access, monitor, or copy any content from our Website without our express written consent.
• Transmitting any harmful, disruptive, or malicious code, viruses, or other materials that could damage, disable, or overburden our Website or servers.
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Website or its content for commercial purposes without our prior written authorization.
• Harassing, threatening, abusing, or intimidating our staff, delivery personnel, or other customers.
• Impersonating any person or entity, including Wings Over employees or representatives.
• Engaging in any activity that interferes with or disrupts the integrity or performance of the Website or services.
• Collecting or harvesting any personal data from other users of the Website without their consent.
• Posting or transmitting any content that is defamatory, obscene, offensive, or otherwise objectionable.
• Using our services to facilitate any form of illegal activity, including money laundering or fraud.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions, including without limitation, reporting such activities to law enforcement authorities.

4. Account Registration

Certain features of our Website may require you to create an account. When registering for an account, you agree to provide accurate and complete information and to update such information as necessary to keep it accurate and current. You are solely responsible for all activity that occurs under your account.

You may not share your account credentials with any third party. If you suspect unauthorized use of your account, you must contact us immediately at [email protected]. We will not be liable for any loss or damage arising from your failure to protect your account credentials.

We reserve the right to suspend or terminate your account at any time and for any reason, including if we believe you have violated these Terms, without notice or liability to you.

5. Intellectual Property Rights

All content available on or through the Website, including but not limited to text, graphics, logos, images, photographs, audio clips, video content, data compilations, software, and the overall design and appearance of the Website ("Content"), is the exclusive property of Wings Over or its licensors and is protected by applicable United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark laws, and other proprietary rights.

The Wings Over name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Wings Over or its affiliates. You may not use such marks without the prior written permission of Wings Over. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for your personal, non-commercial purposes. This license does not include the right to:

• Reproduce, modify, distribute, display, or perform any Content for commercial purposes.
• Create derivative works based on any Content from the Website.
• Remove or alter any copyright, trademark, or other proprietary rights notices from any Content.
• Frame or mirror any part of the Website without our prior written consent.
• Use any data mining, scraping, or similar data gathering methods on the Website.

Any unauthorized use of the Content or the Website will immediately terminate the license granted herein and may constitute an infringement of our intellectual property rights, subjecting you to civil and criminal liability under applicable United States law.

If you submit any feedback, suggestions, reviews, or other content to us ("User Content"), you grant Wings Over a worldwide, royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media. You represent and warrant that you own or have the necessary rights to grant this license and that your User Content does not infringe upon the intellectual property rights or other rights of any third party.

6. Payment Terms

By placing an order through our Website, you agree to pay all charges associated with your order, including the price of the food items selected, applicable sales taxes, delivery fees (where applicable), and any other fees disclosed at the time of checkout. All prices are listed in United States Dollars (USD).

We accept payment through the methods indicated on our Website at the time of checkout. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your order.

All sales are final unless otherwise stated in our Refund and Cancellation Policy. We reserve the right to cancel any order at our sole discretion, in which case any payment made will be refunded using the original payment method.

In the event of a pricing error on our Website, we reserve the right to cancel orders placed at the incorrect price and notify you of the error. We will not be liable for typographical or other errors in pricing displayed on the Website.

Applicable state and local sales taxes will be calculated and added to your order total at checkout, in accordance with the tax laws of the relevant jurisdiction within the United States.

For catering or special orders, different payment terms may apply, including deposit requirements. These will be communicated to you separately at the time of the catering inquiry.

7. Order Cancellations and Refunds

Once an order has been confirmed and preparation has begun, cancellation may not be possible. If you wish to cancel an order, please contact us immediately at [email protected]. We will make reasonable efforts to accommodate cancellation requests, but we cannot guarantee cancellation once the order has entered the preparation stage.

Refunds may be issued at our sole discretion in cases where: (i) an order was incorrectly fulfilled due to our error; (ii) a food item was of unacceptable quality; or (iii) an order was not delivered due to circumstances within our control. Refund requests must be submitted within 24 hours of the order delivery or pickup time.

We reserve the right to deny refund requests that we determine, in our sole discretion, to be fraudulent or otherwise in violation of these Terms.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE LAWS OF THE UNITED STATES AND THE APPLICABLE STATE LAW, WINGS OVER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE OUR WEBSITE OR SERVICES, EVEN IF WINGS OVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE TOTAL LIABILITY OF WINGS OVER TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO WINGS OVER IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Wings Over shall not be liable for any failure or delay in the performance of our services due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government orders, labor disputes, supply chain disruptions, or other force majeure events.

9. Disclaimers

THE WEBSITE AND ALL SERVICES, CONTENT, AND INFORMATION PROVIDED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WINGS OVER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION ON THE WEBSITE.
• WARRANTIES THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED.

Wings Over does not warrant or guarantee that food items will meet your specific dietary needs, preferences, or health requirements. Nutritional information provided on the Website, if any, is for informational purposes only and may not be completely accurate. Customers with specific dietary requirements, including severe allergies or medically prescribed diets, should exercise caution and consult a healthcare professional before ordering.

The Website may contain links to third-party websites or services. Wings Over does not endorse, control, or assume any responsibility for the content, privacy policies, or practices of any third-party websites. We encourage you to review the terms and privacy policies of any third-party websites you visit.

We do not guarantee that delivery times stated on the Website are accurate. Actual delivery times may vary due to traffic, weather, order volume, and other factors outside our control.

10. Indemnification

You agree to defend, indemnify, and hold harmless Wings Over, its officers, directors, employees, agents, licensors, service providers, and successors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service.
• Your use of the Website or services in a manner not authorized by these Terms.
• Your violation of any applicable federal, state, or local law or regulation.
• Your infringement of any intellectual property, privacy, or other rights of any third party.
• Any User Content you submit, post, or transmit through the Website.
• Your provision of inaccurate or false information, including regarding dietary restrictions or allergies.
• Any dispute between you and any third party arising from your use of the Website or services.

Wings Over reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent.

11. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to them or your use of the Website or services shall be governed by and construed in accordance with the laws of the United States and the applicable state law of the state in which Wings Over operates, without regard to its conflict of law provisions.

Subject to the dispute resolution provisions set forth below, you consent to the exclusive personal jurisdiction of the federal and state courts located in the United States for the resolution of any disputes not subject to arbitration. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

To the extent applicable, we comply with the Federal Trade Commission Act (15 U.S.C. § 45 et seq.) regarding unfair or deceptive acts or practices, and applicable state consumer protection laws. Where applicable, residents of California may also have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as further described in our Privacy Policy.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at [email protected] and providing a written description of the dispute, your desired resolution, and your contact information. We will attempt to respond to your notice within thirty (30) days. If the dispute is not resolved within sixty (60) days of the initial notice, either party may proceed to formal dispute resolution as provided below.

12.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE OR SERVICES SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA), INCLUDING ITS CONSUMER ARBITRATION RULES, WHICH ARE AVAILABLE AT WWW.ADR.ORG. THE ARBITRATION SHALL BE CONDUCTED IN THE UNITED STATES, IN THE STATE WHERE WINGS OVER OPERATES, OR AT A LOCATION MUTUALLY AGREED UPON BY THE PARTIES, OR VIA REMOTE HEARING.

The arbitrator shall have the authority to award any remedy available at law or in equity, but shall not have the authority to award relief in excess of what these Terms allow. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.3 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR OTHER DISPUTE RESOLUTION PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If a court or arbitrator finds that this class action waiver is unenforceable for any reason, then the entirety of the arbitration agreement in Section 12.2 shall be null and void.

12.4 Jury Trial Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE OR SERVICES.

13. Term and Termination

These Terms of Service shall remain in full force and effect for as long as you access or use our Website or services. Wings Over reserves the right, in its sole discretion, to terminate or suspend your access to the Website and services, with or without notice, for any reason, including but not limited to:

• Your violation of any provision of these Terms.
• Your engagement in conduct that Wings Over determines, in its sole discretion, to be harmful to other customers, staff, or the integrity of the business.
• Fraudulent, illegal, or abusive activity on your part.
• A request by law enforcement or other government authorities.
• Technical or security issues or problems.
• Extended periods of inactivity on your account.
• Discontinuation of the Website or services by Wings Over.

Upon termination, your right to use the Website and services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation provisions regarding intellectual property, disclaimers, indemnification, limitations of liability, and dispute resolution.

You may terminate your account at any time by contacting us at [email protected]. Termination of your account does not relieve you of any obligations to pay for orders placed prior to termination.

14. Changes to Terms of Service

Wings Over reserves the right to modify, update, or revise these Terms of Service at any time and at our sole discretion. When we make changes to these Terms, we will update the "Last Updated" date at the top of this page. We may also, at our discretion, provide additional notice of material changes, such as by sending an email to the address associated with your account or by displaying a prominent notice on the Website.

Your continued use of the Website or services following the posting of any revised Terms constitutes your acceptance of such changes. If you do not agree to the revised Terms, you must immediately cease using the Website and services.

We encourage you to review these Terms periodically to stay informed of any updates. It is your responsibility to check the Website regularly for changes to these Terms.

15. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, unenforceable, or contrary to applicable law, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, it shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms, which shall remain in full force and effect.

The parties intend that these Terms shall be enforced to the fullest extent permitted by applicable law, and that any provision found to be unenforceable shall be replaced with a provision that most nearly reflects the original intent of the parties to the extent permitted by law.

16. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or additional terms published by Wings Over on the Website, constitute the entire agreement between you and Wings Over with respect to your use of the Website and services, and supersede all prior and contemporaneous agreements, representations, and understandings between you and Wings Over, whether written or oral, relating to such subject matter.

No waiver by Wings Over 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, and any failure of Wings Over to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

17. No Third-Party Beneficiaries

These Terms of Service are for the sole benefit of you and Wings Over, and nothing in these Terms shall create or be deemed to create any right in any third party, nor shall any third party have the right to enforce any provision of these Terms against Wings Over or you. This agreement does not create a partnership, joint venture, employment, or agency relationship between you and Wings Over.

18. Electronic Communications

By using our Website and services or communicating with us by email, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You further agree that any electronic signature or acknowledgment provided by you in connection with these Terms or any transaction through the Website shall be deemed valid and enforceable under applicable United States federal and state laws, including the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq.

19. Accessibility

Wings Over is committed to ensuring that our Website is accessible to individuals with disabilities. We strive to comply with applicable accessibility standards. If you experience any difficulty accessing our Website or services, please contact us at [email protected] and we will make reasonable efforts to accommodate your needs.

20. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, or if you need to contact Wings Over for any reason related to your use of our Website or services, please reach out to us using the following contact information:

We aim to respond to all inquiries within two (2) business days. For urgent matters related to food safety or immediate order concerns, please contact us by email and indicate the urgency of your inquiry in the subject line.