Terms and Conditions for Restaurants – Winkels Application
Preamble
By using the Winkels application, whether through the mobile app or the restaurant dashboard, you, as the owner or authorized representative of a participating restaurant, explicitly and unconditionally agree to be fully bound by all the terms and conditions stated below. This agreement becomes effective from the date you first use the application.
If you do not agree to any of these terms, you must immediately cease using the application.
Registration and Activation
Any restaurant wishing to register with Winkels must be officially licensed in the State of Kuwait and must provide the following documents: commercial license, trademark certificate (if available), bank account number (IBAN), restaurant address, and working hours. The restaurant is fully responsible for updating its information regularly.
Fees and Sales
The restaurant is exempt from any registration or monthly/yearly subscription fees. A fixed service fee of KD 10 is applied for every KD 500 of restaurant sales. Fees are calculated monthly and invoiced formally to the restaurant.
The monthly fee deductions are as follows:
KD 30 – KD 500 → KD 10 fee
KD 501 – KD 1,000 → KD 20 fee
KD 1,001 – KD 1,500 → KD 30 fee
Delivery Options
The restaurant is free to choose the preferred delivery method from the following:
Delivery via the Winkels delivery network, at a fixed fee of KD 1.5 per order.
Delivery through a third-party company directly contracted by the restaurant.
Delivery using the restaurant’s own drivers.
Order Preparation and Handover
When using the Winkels delivery service, the restaurant must prepare and hand over the order to the driver on time. The restaurant bears full responsibility for any delays caused during order preparation.
Service Types
The application supports three types of orders: delivery, takeaway (pickup from the restaurant), and dine-in. The restaurant must continuously update the availability of these services within the system (e.g., temporary closures, out-of-stock items, etc.).
Service Quality
The restaurant must maintain high food quality and professional service. If repeated complaints or low customer ratings occur, the platform reserves the right to take appropriate action, including reducing the restaurant's visibility or temporarily suspending its account.
Compensation and Liability
In case of an issue with an order, the responsible party will be identified through Winkels’ internal investigation system based on order logs, timestamps, and notifications.
If the error is from the driver, the driver is responsible for compensating the customer.
If the error is from the restaurant, the restaurant is liable for compensating the customer.
The system's report is considered a binding reference for both parties.
Proper System Use
The restaurant is prohibited from misusing the system or attempting to disrupt or manipulate its functions. If any such activity is discovered, the platform has the right to suspend the account immediately without prior notice.
Downtime and Maintenance
The restaurant acknowledges that the application may be subject to technical maintenance or updates that may cause temporary service disruptions. Winkels is not liable for any compensation resulting from such disruptions as long as they are for system improvement or development.
Product Availability and Status
The restaurant must keep product availability updated, especially in cases of sold-out items or inability to fulfill orders. Repeated acceptance of unfulfillable orders may lead to reduced visibility or temporary suspension of order reception.
Offers and Discounts
Any offers or discounts provided by the restaurant through the platform must be genuine and reflect the actual offerings at the restaurant. Misleading promotions are strictly prohibited, and the platform reserves the right to disable any such offers.
Pricing
Product prices on the application must not exceed those offered at the restaurant’s physical location. In case of customer complaints regarding price discrepancies, the platform may investigate and take appropriate action.
In-App Advertising
The platform allows restaurants to book in-app advertising slots based on an hourly scheduling system. Restaurants may choose their preferred time slots for a set fee. The platform does not guarantee specific results from promotional campaigns.
Termination of Cooperation
The restaurant has the right to immediately terminate its cooperation with Winkels by deactivating its restaurant account via the dashboard within the application, without the need for prior notice.
The restaurant will not be liable for any additional charges after deactivation, except for service fees due on completed orders prior to account closure.
Winkels commits to transferring any remaining funds owed to the restaurant—related to completed orders—within a maximum of ten (10) business days from the account’s final closure date.
Confidentiality and Data Protection
Both parties are committed to maintaining the confidentiality of all shared information, including customer data and commercial records. The restaurant is strictly prohibited from using customer data for marketing or commercial purposes outside the scope of fulfilled orders.
Governing Law
These terms and conditions are governed by the laws of the State of Kuwait. In the event of any dispute, the parties will seek an amicable resolution first. If unresolved, the matter will be referred to the competent judicial authorities in Kuwait.