The Site is intended and designed for use only by persons who are age 18 or older or the minimum legal age as permitted by the law or otherwise under the supervision of an adult or guardian. If you are under 18 years of age, then please do not use the Site.
WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THIS SITE. HOWEVER, WE ASSUME NO LIABILITY OR RESPONSIBILITY AS TO THE ACCURACY, VALIDITY, RELIABILITY, USEFULNESS OR COMPLETENESS OF ANY INFORMATION ON THE SITE.
Throughout the Site, we may include content, information or links to third party sites or resources. Because we have no control over such third party sites and resources, you acknowledge and agree that we do not endorse such sites and resources, and we are not responsible or liable for the availability of such external sites and resources, or for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such site or resource. If you visit any third party site or resource via a link on this Site you do so at your own risk.
If you decide to order online using the online ordering application, you may be asked to provide your personal information including but not limited to your name, address, email address, phone number and/or credit card information. You can pay by any of the methods listed in our checkout screen. If you choose to pay by a credit card, please make sure all payment information are in complete and your card is valid on the date of your order. You are responsible for maintaining the confidentiality of your personal information that you use during checkout and must not disclose it to anyone.
Upon placing an order online, you should wait for our response to your order request with an on-screen message which usually takes up to three minutes and/or a confirmation email to the email address you provided. If we are unable to accept your order for any reason, we may confirm your order manually by calling the phone number you provided during checkout. The acceptance of any order for any of the products and/or services shall be at the entire discretion of Winger's and we reserve the right to alter charges and/or your initial orders.
Please note that you may need to set your browser to accept third party cookies depending on the device and browser in order to use the online ordering feature of the Site. Our prices, minimum spent restrictions and delivery charges may be different on the Site than when you order in store, by phone and/or online on a non-Winger's owned website. The product photos on the Site are for presentation only, and may be different (e.g. color, form, etc.) than the product you will receive. We are not liable in any way if the description of products is not complete.
If you choose the products to be delivered to the address you provided during checkout, your orders are subject to: (i) minimum amount of purchase requirements; (ii) your address falling in our defined delivery service area; (iii) fee for delivery service and applicable sales tax; (iv) our availability for accepting orders. Delivery service may be temporarily unavailable in selected areas due to bad weather or unforeseen circumstances. We reserve the right to refuse delivery service and you agree that we may cancel your order in our sole and absolute discretion.
If we accept your order, we will provide you an estimated delivery time of your products with an on-screen acceptance message and/or a confirmation email to the email address you provided upon placing your order. We will do our best to deliver your products on or before the estimated delivery time but we cannot guarantee delivery within this time frame due to unforeseen circumstances such as bad weather and traffic conditions. This is to ensure the safety of our delivery drivers.
You agree to accept delivery of the products at the agreed time and place of delivery. If you are unable to present to accept delivery of the goods at the address provided, your order will be cancelled and you will still be charged for the full amount of your order. If there is no special instruction given during checkout, we deliver your products to the main entrance of the address provided by you during checkout. If you request your products delivered to a location further than the main entrance of the delivery address, such as a location in a private property, it is up to our drivers to accept to deliver your products to such location. You agree to make arrangements about specific delivery locations in case our drivers require you to do so.
We may call or send text messages to the phone number provided by you about your order or if we are unable to reach you to complete delivery. Voice, messaging and data rates may apply from your carrier. By providing your phone number to order online, you certify that you are the owner or authorized user of that phone number and you approve such applicable charges from your carrier. You hereby consent to receive phone calls and text messages from and/or on behalf of Winger's as a part of our services at the phone number provided by you during checkout.
Online orders once placed cannot be modified or cancelled either through the Site or offline by calling the restaurant. We do not provide refunds for orders that are paid online with a credit card. However, if you wish to settle any payment dispute or refund claim, you may contact us directly at our restaurant phone number with the details of your orders that are included in the confirmatory e-mail sent to you upon placing your order.
IN NO EVENT SHALL WINGER'S, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF WINGER'S OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, WINGER'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.