1. Introduction
Welcome to Waly Market. These Terms of Service govern access to and use of walymarket.com, the Waly Market customer marketplace, and related online services. Separate terms or agreements may apply to merchants and delivery drivers. By accessing the website, creating an account, or placing an order, you agree to these Terms.
2. Marketplace services
Waly Market connects customers with participating restaurants, grocery stores, international markets, retail stores, and other approved merchants. Depending on the merchant, products may be available for delivery, pickup, or both. Merchants are responsible for the products they list, including descriptions, availability, preparation, packaging, and compliance with laws applicable to their businesses.
3. Accounts
You must provide accurate and current information when creating and maintaining an account. You are responsible for protecting your login credentials and for activity conducted through your account. You may not impersonate another person, use false information, transfer an account without authorization, or access another person's account without permission.
4. Orders
An order is not guaranteed until it is submitted and accepted for fulfillment. A merchant or Waly Market may reject or cancel an order because of availability, operating hours, pricing errors, inability to fulfill the order, suspected fraud, safety concerns, or other legitimate reasons.
5. Prices, taxes, fees, and payment
Before placing an order, customers will be shown the applicable subtotal, taxes, delivery charges, service or other fees, tip, discounts, credits, and total amount. You authorize Waly Market and its payment processors to charge the payment method selected for amounts associated with the order. Merchant prices offered through Waly Market may differ from prices available through other sales channels.
6. Pickup, delivery, and scheduled orders
Pickup and delivery times are estimates. They may be affected by merchant preparation, traffic, weather, driver availability, road conditions, building access, customer availability, or other circumstances. Scheduled order times are also estimates. If a scheduled delivery cannot reasonably be completed, Waly Market may offer available alternatives, including waiting, pickup where available, cancellation, or refund as appropriate.
7. Substitutions
For grocery, market, and retail orders, products may become unavailable. Where supported, customers may approve substitutions. Final charges may be adjusted to reflect approved substitutions or removed items.
8. Tips
Tips are voluntary. Waly Market provides 100% of the customer tip designated for the delivery driver to that driver. Tips are separate from compensation Waly Market may be required to pay delivery workers under applicable law.
9. Cancellations and refunds
Orders are subject to the Waly Market Refund and Cancellation Policy. Eligibility may depend on order status, merchant preparation, item type, delivery status, and the reason for the request.
10. Acceptable conduct
You may not use Waly Market to violate law, commit or attempt fraud, harass or threaten others, purchase prohibited products, interfere with platform security, misuse payments or promotions, manipulate reviews or refunds, or violate Waly Market policies.
11. User content
If Waly Market allows ratings, reviews, photographs, comments, or other content, you are responsible for what you submit. Content must be truthful and must not be unlawful, threatening, discriminatory, fraudulent, defamatory, obscene, or infringe another person's rights. You grant Waly Market a nonexclusive, worldwide, royalty-free license to host, reproduce, display, format, and use submitted content as reasonably necessary to operate, improve, and promote Waly Market.
12. Privacy and communications
Waly Market handles personal information according to the Privacy Policy. Waly Market may communicate with you about accounts, orders, payments, security, support, service changes, and, where legally permitted, marketing. SMS communications are subject to the SMS and Text Messaging Terms.
13. Account restrictions
Waly Market may restrict, suspend, or terminate access when reasonably necessary because of fraud, safety concerns, unlawful conduct, repeated violations, payment abuse, misuse of the platform, or violation of these Terms.
14. Availability and disclaimers
Waly Market does not guarantee uninterrupted or error-free access. To the fullest extent permitted by law, services are provided on an as-available basis. Waly Market does not guarantee that every merchant, product, price, delivery estimate, or item description will always be accurate or available. Nothing in these Terms excludes rights or warranties that cannot legally be excluded.
15. Limitation of liability
To the fullest extent permitted by applicable law, Waly Market will not be liable for indirect, incidental, special, punitive, or consequential damages arising from use of the services. These limitations do not apply where prohibited by law.
16. Changes
Waly Market may update these Terms from time to time. Material changes may be communicated through the website, app, email, or another appropriate method. The current version will identify its effective date.
17. Governing law and contact
These Terms are governed by applicable federal law and the laws of the State of New York, without limiting nonwaivable consumer rights. Contact Waly Market at help@walymarket.com, +1 (929) 613-8255, or 860 Elton Avenue, Bronx, NY 10451.