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Merchant T&C

Hungr’s (Figato Service Pvt Ltd)-   Merchant T&C

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms for access or usage of www.hungrs.com  website and ‘HUNGRS’ application for mobile and handheld devices.

Any Capitalized terms used but not defined herein shall have the meaning assigned to them under the Terms of Use which govern your use of our website www.hungrs.com (the “Website”) and our HUNGRS application for mobile and handheld devices (the “App”). The Website and the App are jointly referred to as the “Platform”.

Your wishes to avail the Services enabled by HUNGRS on a non-exclusive and contractual basis subject to the terms and conditions set out in the hereinafter, which includes, inter alia, warranties provided by the Parties, obligations, intellectual property rights, confidentiality, responsibilities of the Parties and grounds for termination of this contract. Merchant and HUNGRS are referred individually as ‘Party’ and collectively as ‘Parties’, wherever the context so requires.

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  • These terms are called the “Merchant Terms” and these Merchant Terms read together with Terms of Use shall govern your use of Platform. Please read these Merchant Terms carefully before you use the services. If you do not agree to these Merchant Terms, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be contracting with HUNGRS and you signify your acceptance to this Merchant Terms, Terms of Use and other HUNGRS policies (including but not limited to the Privacy Policy being incorporated by reference herein) which take effect on the date on which you download, install or use the Services, and create legally binding arrangements to abide by the same.
  • The Platform is owned and operated by Figato Services PVT LTD, a company incorporated under the Companies Act, 2013 and having its Corporate office at #83 & 84,3rd Floor, Amoolya Building,24th main, JP Nagar 7th Phase, Bangalore –560078, India. To these Merchant Terms, wherever the context so requires “you” or “user” shall mean any natural or legal person who has agreed to become a merchant on the Platform by providing registration data while registering on the Platform as a registered partner using the computer systems. The term “HUNGRS”, “we”, “us” or “our” shall mean Figato Services PVT LTD.
  • HUNGRS enables transactions between participant restaurants/merchants (you) dealing in restaurant services (food and beverages), and buyers (“Platform Services”). The buyers (“Buyer/s”) can choose and place orders (“Orders”) from variety of products listed and offered under menu for sale by various neighborhoods merchants like you, including but not limited to the restaurants and eateries (“Merchant/s”) on the Platform and HUNGRS enables transactions between the pick-up and delivery partner (“PDP”) and the Buyers for delivery of such Orders at select localities of serviceable cities across India (“Delivery Services”). The Platform Services and Delivery Services are collectively referred to as “Services”.
  • These Merchant Terms are subject to modifications, and we reserve the right to modify or change the Merchant Terms and other HUNGRS policies at any time by posting changes on the Platform with intimation to You. HUNGRS might choose to communicate such modifications in a separate email to you for your ready reference. However, you shall, at all times, be responsible for regularly reviewing the Merchant Terms and other HUNGRS policies and note the changes made on the Platform. Your continued usage of the Services after any change is posted constitutes your acceptance of the amended Merchant Terms and other HUNGRS policies.
  • Use of Platform and Services
  • All commercial/contractual terms are offered by you and agreed to by the Buyers alone. The commercial/contractual terms include without limitation price, applicable taxes, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. HUNGRS does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Merchants.
  • HUNGRS does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users.
  • HUNGRS is not responsible for any non-performance or breach of any contract entered into between Buyers and Merchants on the Platform. HUNGRS cannot and does not guarantee that the concerned Buyers and/or Merchant will perform any transaction concluded on the Platform. HUNGRS is not responsible for unsatisfactory or non-performance of services or damage or delays as a result of Products which are out of stock, unavailable or back ordered.
  • HUNGRS is operating an online marketplace and assumes the role of facilitator and does not at any point of time during any transaction between Buyer and Merchant on the Platform come into or take possession of any of the products or services offered by Merchant. At no time shall HUNGRS hold any right, title or interest over the products nor shall HUNGRS have any obligations or liabilities in respect of such contract entered into between Merchant and Buyer.
  • HUNGRS is only providing a platform for communication, and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Merchant and the Buyer. In case of complaints from the Buyer pertaining to food efficacy, quality, or any other such issues, HUNGRS shall notify the same to Merchant and shall also redirect the Buyer to the customer call Centre of the Merchant, if available. Merchant shall alone be liable for redress and bound to take action on the complaints by the Buyer. HUNGRS shall, in the interest of satisfactory resolution of the Complaint, share with the Buyer relevant information pertaining to the Order along with Merchant contact details.
  • Please note that there could be risks in dealing with underage people or people acting under false pretenses.
  • You agree, undertake and confirm that your use of Platform shall be strictly governed by the binding principles morefully detailed in the Merchant Terms
  • Terms and Conditions of Service
  • HUNGRS shall always perform Platform Services on a best effort basis and as agreed with no liability.
  • HUNGRS provides no assurance that any Buyer will place Orders against the respective Merchant/s. The Merchant shall be solely responsible for display of the name of the restaurants and images of the items/products, which shall be listed for the Buyers to choose from.
  • HUNGRS shall merely facilitate the pick-up and delivery of the Orders on the Platform through the PDP and is at liberty to provide the means for the pick-up and delivery of the Orders placed by Buyers on the Platform at its sole discretion to the PDP who will be responsible for the pick-up and delivery services. HUNGRS is merely facilitating Delivery Services between the PDP and the Buyer or Merchant, as the case may be. At no point in time is HUNGRS providing Delivery Services either to the Merchant or the Buyer. Notwithstanding anything mentioned elsewhere, neither Party shall be liable for any unauthorized act of the PDPs and the liability shall solely rest with the PDPs. With respect to the Merchants providing their own delivery services, the liability arising out of such deliveries shall be that of the respective Merchants, neither HUNGRS nor PDPs are liable for the same.
  • HUNGRS shall determine to facilitate the aforesaid services within the areas as it deems fit. HUNGRS reserves the right to add or remove areas to improve Delivery Services. HUNGRS shall facilitate the Delivery Services within 6 Kilometer radius (approximately) or within such area as may be decided by HUNGRS in its sole discretion, from the location of Merchant in the territory, after which other areas may be added subject to revised terms, if any. Merchant shall be solely responsible to reimburse and/or absolve the cost of Orders for which Buyers have either refused to pay for or have claimed a refund for reasons that are solely attributed to Merchant (“Disputed Orders”), including but not limited to:
  • Buyer’s expectations not being met or Buyer dissatisfaction with regard to the quality of items/products supplied by the Merchant;
  • Wrong items put in the package;
  • Poor packaging;
  • Missing items in the Order; and
  • Foreign object in the Order.
  • HUNGRS shall also provide such other services to the Merchant which shall include but not limited to, Services provided by HUNGRS’s ‘Order Management Team’ by placing Orders on behalf of Buyer/s with the Merchant through phone calls (the “Call Center Service”) more fully defined under clause VI (9)(xiii)(a) hereinbelow and marketing services.
  • The Merchant shall be solely responsible for reviewing information on the Platform and shall ensure that all information manifested / advertised is up to date and in accordance with applicable law. The Merchant shall update all such information and inform HUNGRS about the same in accordance with these Merchant Terms. HUNGRS shall not be liable or responsible in any way for any change in the menu provided by the Merchant.
  • The Merchant shall be solely responsible for any warranty/guarantee of the food products sold to the Buyers and in no event shall it be the responsibility of HUNGRS.
  • In the event any Merchant wants to display and offer any pre-packaged product for sale to Buyers through the Platform, the Merchant shall be liable to comply with Legal Metrology (Packaged Commodities) Rules, 2011, as amended time to time, for displaying such pre-packaged product and share with HUNGRS a legible and clear image of the ‘principal display panel’ (excluding month and year in which the product is manufactured or packed) of such pre-packaged product, which shall be displayed on the Platform for the Buyers. It is clarified that HUNGRS shall facilitate but do not and shall not verify the content shared by the Merchant for displaying.
  • The Merchant represents, warrants and covenants that:
  • it shall always offer, sell prepared food and beverages that are best quality and fit for human consumption;
  • it holds, always during the availing of Services, all licenses and/or consents necessary under all applicable statutes and regulations, including but not limited to the license/registration obtained (“FSSAI License”) under the Food Safety and Standards Act, 2006 (“FSS Act”) for it to carry out its business. The Merchant shall provide the details of its FSSAI License and a clear and legible image of the same shall be displayed on the Platform;
  • it shall always, ensure that the food and beverages, provided by the Merchant to the Buyers through HUNGRS’s Platform, satisfy the requirement laid down under the FSS Act and all other statutory amendments or re-enactments, rules and regulations made thereunder that maybe for the time being in force;
  • it shall always comply with hygiene and sanitary practices, and such other practices as may be applicable to its business, as prescribed under Schedule 4 of the Food Safety and Standard (Licensing and Registration of Food Businesses) Regulations, 2011;
  • it has full power and capacity to enter and perform its obligations under this Merchant Terms and has taken all necessary corporate and other actions to authorize the execution and performance thereof, mere use of the Platform and Services will constitute valid and binding obligations on and against it, in accordance with its terms;
  • it is the sole author of, owns or otherwise controls all content provided to HUNGRS, or has been granted the right to use such content / information (including menus) from the rights holder and does not violate or infringe the rights of any third party or applicable laws;
  • all information provided by the Merchant to HUNGRS, including all information contained in the Merchant’s menu, service offerings, inclusions and exclusions is and shall always be true, accurate and correct and not misleading in any respect;
  • it shall be solely liable for the quality of all its products, including all food and beverages and the packaging of the same, and shall always be following applicable laws;
  • it will comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Prevention of Corruption, Act 1988;
  • it shall adhere to and comply with delivery schedules and timelines that has been represented for products on the Platform;
  • it shall not use alternate means (including but not limited to phone/emails/SMS) to connect with the Buyer using the Platform, to take Orders and thereby circumventing the Platform transaction;
  • It shall ensure, always, its personnel, its employees and representatives (Merchant Personnel) behave in a respectable and courteous manner with PDPs, HUNGRS representatives and as well as with the Buyers. Merchant Personnel shall not be rude, behave discourteously, or use foul or abusive language in any interaction. It shall always promptly report to HUNGRS immediately, any behavioral issue by the PDPs or HUNGRS representatives or Buyers for suitable action;
  • it shall process and execute the Orders promptly, correctly and within the stipulated service level timelines, as follows;
  • must confirm the Order within 5 minutes from the time the same having been relayed to it on the HUNGRS Partner Application. HUNGRS may send a reminder after 2 minutes and shall allocate a call to the Merchant after 5 minutes from the time Order having been replayed to it and if not confirmed by the Merchant by then. In the event that the Merchant does not confirm the Order after HUNGRS has made attempt/s to call the Merchant, the Order will be deemed cancelled by the Merchant. An intimation of such cancellation shall be sent to Merchant and such cancellation shall be treated as Merchant Cancellation and HUNGRS shall reserve the right to recover Service Fee for such cancelled Order.
  • items must be securely packed and kept ready in packaged condition, marked as ‘Food Ready’, for a minimum of 80% of the Merchant’s total delivered Orders and handed over to the pick-up and delivery personnel, upon his/her arrival. Merchants shall ensure, at all times, the pick-up and delivery personnel shall not be required to wait beyond 3 minutes to collect such packaged items.
  • issue a valid tax invoice against each Order fulfilled and a copy of such invoice shall be included in the package.
  • it must always ensure it shall prepare the Ordered items as per the Order placed by the Buyer and shall be solely responsible for all the cost and consequences, if in case of supply of wrong items. The delivery personnel shall only deliver the packaged items handed over to him/her by the Merchant and shall not be liable to verify the correctness of the item(s) in an Order. It shall be the responsibility of the Merchant to verify whether all items packed are correct and as per the Order received.
  • it shall be solely liable for delays in the delivery of Orders and/or repeat deliveries undertaken for reasons attributable to the Merchant, and the Merchant undertakes to keep HUNGRS fully and effectively indemnified against the same.
  • it shall use / display, in accordance with HUNGRS’s instructions, all the collaterals and other materials supplied by HUNGRS in relation to all Orders delivered through HUNGRS;
  • it shall not use the labels, trademarks, branding or collaterals of any third-party, including but not limited to HUNGRS’s direct competitors, for deliveries made using HUNGRS Services;
  • it shall share with HUNGRS legible and clear images of products offered for sale to Buyers through the Platform in compliance of image guidelines as may be issued by HUNGRS from time to time. The Merchant shall provide images for a minimum of 20 products, or for 40% of total products of the menu, whichever is higher, for display on the Platform. HUNGRS shall facilitate photography services upon request, on chargeable basis;
  • to ensure competitive price for the Buyers on the Platform, it shall ensure that it will at all times maintain competitive prices for its products offered for sale on the Platform as against its other sales channels, including but not limited to other online aggregators and its self-operated retail locations whether on online platform or physical stores. It is clarified that, for the purposes of the present clause, product(s) shall mean and include but not limited to the food or beverage items offered for sale, its quality, quantity and the packaging utilised; HUNGRS shall forward to Merchant for corrective actions, any Buyer escalation or notice received from any third party (including regulatory bodies) alleging differential pricing against the Merchant and the Merchant understands and agrees that it shall alone be responsible to address the same and shall report to HUNGRS resolution of the same within 3 business days.
  • it shall list pre-packaged food products at a ceiling price equal to or less than the Maximum Retail Price as indicated on such product;
  • it agrees that in the event of a Merchant’s failure to comply with clauses VI.9. (xvii) and VI.9.(xviii), and on receipt of any communication/complaint from Buyers to this effect, HUNGRS shall be at liberty to, on verifying the same, refund such Buyer for excess amounts charged against a product(s) and deduct the same from the Merchant from future settlements; and
  • it shall be alert to the advisories issued by HUNGRS on ancillary charges that may be chargeable by Merchants to Buyers on the Platform. The Merchant shall, in view of such advisories being issued to adopt best industry practices and in the interest of Merchants and Buyers, endeavour to adhere to such advisories swiftly.
  • Each Party hereby grants to the other Party a non-exclusive, non-transferable, worldwide, royalty free right to use, copy, publish and display the other Party’s trademarks, logos, name, menu and related information solely in connection with the promotion and marketing of the collaboration between HUNGRS and the Merchants and related purposes, including for publishing on the Platform.
  • Notwithstanding these terms and conditions of Service, HUNGRS reserves the right to temporarily discontinue Services or permanently terminate with immediate effect for material breach or non-compliance by the Merchant which includes, but is not limited to, the following instances;
  • Buyer complaints received by HUNGRS which are directly or indirectly attributable to the quality of food provided by the Merchant either through poor ratings, as defined by HUNGRS, through calls placed with HUNGRS or through any other means;
  • Breach of the provisions of the Food Safety and Standards Act, 2006 and the rules and regulations, made thereunder, by Merchant;
  • Non-adherence to HUNGRS’s delivery schedules and timelines that has been represented for products on the HUNGRS Platform;
  • Misbehavior with HUNGRS’s representatives/personnel;
  • Inclusion of marketing or promotional material belonging to competitors in Orders delivered by HUNGRS’s Personnel;
  • Breach of the representations and warranties of the Merchant; or
  • Any other material breach of the terms.

HUNGRS shall resume provision of Services to the Merchant at its own discretion.

  • Notwithstanding anything contained under clause hereinabove, HUNGRS has the right to immediately delist any of the food products from the Platform, which is not in compliance with the Food Safety and Standards Act, 2006 or the rules or regulations made thereunder.
  • The Merchant acknowledges that all Services offered by HUNGRS on the HUNGRS Platform are non-exclusive in nature.
  • Either Party can terminate this contract providing 15 days’ prior written notice to the other Party. HUNGRS shall reserve the right to delist the Merchant at the end of 15th Day. Upon termination in accordance with the terms hereof, Merchant shall only be required to service Orders already placed through HUNGRS prior to such expiry or earlier termination of this MoU, and HUNGRS shall be entitled to receive Service Fee for such Orders. HUNGRS may at its option elect not to terminate this Agreement, however, shall have right to suspend the services during the notice period.
  • HUNGRS may also manage an email ID on your behalf, which shall be hosted on the HUNGRS.in domain, in order to manage customer communications and correspondence.
  • HUNGRS reserves the right to introduce, withdraw or modify any category and attach necessary conditions thereto on its Platform as it may deem fit from time to time.
  • Terms for Health Hub category

A Merchant can be listed under the ‘Food’ category on the Platform and HUNGRS shall decide at its sole discretion whether a Merchant can be listed on such ‘Food’ category basis due satisfaction of below criteria:

  • The Merchant claims there are certain nutritional/health attributes of food products and beverages offered on the Platform and provides necessary information including but not limited to nutritional information, contents, etc. in relation to their claims;
  • The aforesaid claims made by the Merchant should be truthful, unambiguous, and accurate;
  • The necessary information in relation to aforementioned claims as shall be provided by the Merchant on the Platform should be easily understood by the Buyers; and
  • The aforementioned claims must be scientifically substantiated based on generally accepted principles and in accordance with applicable laws.

Notwithstanding anything contained herein, the responsibility and liability in relation to aforementioned claims or declarations shall solely rest with the Merchants and HUNGRS shall in no way be liable or responsible for the claims or declarations made by the Merchant on the Platform and it shall be duly indemnified where any claims arise out of such declarations.  

  • Your Account and Registration Obligations

If you use the Platform, you shall be responsible for maintaining confidentiality of your login and password details and all activities that occur with the use of your login and password details. You agree that if you provide any information or content, required under these terms and conditions to be put up on the Platform, which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the Merchant Terms, we shall have the right to indefinitely suspend, terminate or block you from accessing the Platform. Your registration with HUNGRS as a Merchant is exclusively for your use to gain access to the Platform and is strictly not transferable.

  • Communications

When you use the Platform or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records, and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.

  • HUNGRS Partner App & Use

Merchant shall be granted access to HUNGRS partner App for handheld devices and at its sole discretion HUNGRS shall issue handheld device to the Merchant (with embedded partner App) and the Merchant shall:

  • ensure it always has a functional tablet / mobile with the HUNGRS partner App in Order to (a) receive and confirm Buyer Orders and provide estimates of delivery times or; (b) reject the Order through the Partner Application;
  • in case it declines Orders through the tablet / mobile provided however, then it shall not use alternate means (phone/ emails) to connect with the Buyer in parallel to take Orders and thereby circumventing the process;
  • execute the Orders promptly and indicate the estimated time of preparation of food to process the Order delivery including updating the Order status (e.g., food prepared etc.) through the partner App;
  • Communicate with a HUNGRS service operator through the phone call and/or SMS.
  • Manage real time status of item stock/inventories and restaurant operations
  • Disclaimer

To the fullest extent permitted by law, HUNGRS and its affiliates, and each of their respective officers, directors, members, employees, and agents disclaim all warranties, express or implied, in connection with these Merchant Terms, the HUNGRS Services and any use thereof, including, without limitation, the implied warranties of Merchantability, fitness for a particular purpose and non-infringement. HUNGRS makes no warranties or representations about the accuracy or completeness of the Platform’s or the HUNGRS services’ content or the content of any other websites linked to the Platform, and assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from the Merchant’s access to and use of the Platform and the HUNGRS services, (c) any unauthorized access to or use of HUNGRS servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from the Platform or otherwise with respect to the HUNGRS Services, (e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform or the HUNGRS services by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Platform or the HUNGRS services. HUNGRS disclaims any and all liability for direct, indirect, incidental, special, consequential, punitive or other similar damages that may arise due to any deficiency in the Orders attributable to the Merchant, any malfunction or error on HUNGRS by the Merchant including but not limited to, technical errors, delays, omissions, inaccuracies in the content provided. HUNGRS disclaims all liability that may arise due to any violation of the Food Safety and Standards Act, 2006 and applicable rules and regulations made thereunder, and such liability shall be attributable to the Merchant.

  • Confidentiality

Each Party agrees that the information provided while availing the Services is confidential and of substantial value to the other Party may be disclosed to the other Party. Such information may include, but is not limited to, unpublished software code, technical processes, product designs, financial information, business plans, or material related to advertising or marketing. All such information shall be confidential and shall be kept confidential by both Parties throughout the Term and for a period of 2 years thereafter.

  • Intellectual Property
  • Each Party owns all rights, title and interest in their respective trade names, service marks, inventions, copyrights, trade secrets, patents, and other intellectual property (“Intellectual Property”). These Merchant Terms do not constitute a license or a right to use any Party’s Intellectual Property other than as expressly set out in these Merchant Terms. You and we agree that, in the event of any third-party claims infringement of its intellectual property rights on the Platform, and such content which is alleged to have infringed such third party intellectual property rights has been shared on the Platform by you, it shall be your responsibility to investigate, defend, settle and discharge any such intellectual property infringement claim in relation to such content on the Platform.
  • You recognize that HUNGRS is the registered owner of the word mark HUNGRS and the logo including but not limited to its variants (‘Licensed Marks’) and further agree not to directly or indirectly, attack or assist another in attacking the validity of HUNGRS’s or its affiliates proprietary rights in, the Licensed Marks or any registrations thereof, or file any applications for the registration of the Licensed Marks or any names or logos derived from or confusingly similar to the Licensed Marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. In the event you notice any infringements of Licensed Marks, please write to us at @HUNGRS.com.
  • HUNGRS respects third party intellectual property rights and has put in place a ‘IP Notice and Take Down Policy’ so that intellectual property owners can easily report listings that infringe their right to ensure that infringing products are removed from the site, as such intellectual property violations erode Buyer and good Merchant trust.
  • Only the intellectual property rights owner can report potentially infringing products or listings through ‘Take Down Policy’ by way of Notice of infringement in the specified format. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.

(Note: HUNGRS does not and cannot verify that Merchants have the right or ability to sell or distribute their listed products. However, HUNGRS is committed to ensure that item listings do not infringe upon intellectual property rights of third parties once an authorized representative of the rights owner properly reports them to HUNGRS.)

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  • Indemnity
  • You agree to defend, indemnify and hold harmless HUNGRS, its affiliates and its and their respective officers, directors, employees and agents from and against all actions, third party civil and criminal claims, liabilities, losses, damages and expenses, including but not limited to reasonable attorney’s fees, arising out of or relating to the breach of these terms, the Orders, services or offers supplied by the you, or arising out of or relating to your content listed on the Platform.
  • HUNGRS agrees to defend, indemnify and hold harmless Merchant and its officers, directors, employees and agents from and against all actions, third party civil and criminal claims, liabilities, losses, damages and expenses, including but not limited to reasonable attorney’s fees, arising out of or relating to any claim arising solely due to a breach by HUNGRS of its obligations under this Agreement
  • Limitation of Liability

For the purposes of this clause, “Liability” means liability in or for breach of contract, negligence, misrepresentation, tortious claim, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Agreement, including liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement. HUNGRS does not exclude or limit Liability for any Liability that cannot be excluded by law. Subject to the preceding sentence, neither Party shall be under any Liability for loss of actual or anticipated profits, loss of goodwill, loss of business, loss of revenue or of the use of money, loss of contracts, loss of anticipated savings, loss of data and/or undertaking the restoration of data, fraudulent Orders, any special, indirect or consequential loss, and such liability is excluded whether it is foreseeable, known, foreseen or otherwise. However, HUNGRS will use its best endeavors to ensure that unintentional operational errors do not occur, HUNGRS cannot provide any warranty or guarantee in this regard. Notwithstanding anything to the contrary herein set out, HUNGRS’s aggregate liability under this Agreement and respective Merchant Terms shall not exceed the total value of a Disputed Order.

  • No Waiver

No failure or delay by any Party in exercising any right, power or remedy under these Merchant Terms or provided by law shall operate as a waiver thereof or affect that right, power or remedy. No waiver by any Party of any breach by any other Party of any provision hereof shall be deemed to be a waiver of any subsequent breach of that or any other provision hereof.

  • Relationship

The Parties agree that nothing in this Merchant Terms shall be construed as creating the relationship of employer and employee, master and servant, or principal and agent, or a partnership, or a joint venture of any kind whatsoever between the Parties or between the parties and its respective contractors / employees. HUNGRS is and shall remain an independent contractor with respect to their performance hereunder and shall have no right or authority to assume or create any obligation, express or implied on behalf of the Merchant and vice versa.

  • Governing Law

This Merchant Terms shall be governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with Services, which the Parties are unable to settle within 30 days (about 4 and a half weeks), shall be referred to arbitration by a sole arbitrator appointed mutually by both Parties. The Arbitration shall be conducted in accordance with Arbitration and Conciliation Act, 1996 or any statutory re-enactment or modification thereof for the time being in force. The venue of the arbitration shall be Bangalore and the arbitration shall be conducted in English language. Subject to the foregoing, the courts at Bangalore shall have exclusive jurisdiction.

  • Severability

If any provision of these Merchant Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Merchant Terms which can be given effect without the invalid provision shall continue in full force and effect and shall in no way be impaired or invalidated.

  • Notice

All notices under these Merchant Terms shall be sent by registered post acknowledgment due, contemporaneous courier or email to the address mentioned below; Figato Services PVT LTD Reg Office: #83 & 84,3rd Floor, Amoolya Building,24th main, JP Nagar 7th Phase, Bangalore –560078, India. Time: 9.30 AM to 6.30 PM from Monday to Saturday. If the Merchant notices any discrepancy in the Settlement of Collections, the Merchant may raise a ticket by writing an email to support@hungrs.com .com and the same will be mutually resolved by both parties within 15 days (about 2 weeks) from the date on which the ticket was raised.

HUNGRS shall issue notice to Merchant vide registered post, contemporaneous courier, partner App or email or mobile number registered with HUNGRS. All or any of the foregoing modes of communication shall be valid and binding.

  • Force Majeure

If at any time during the currency of the agreement between Merchant and HUNGRS, the performance in whole or in part by either party or any obligations under the contract shall be prevented or delayed by reasons of acts of God, war, hostilities, invasions, act of public enemies, civil commotion, sabotage, fire, explosions, flood, cyclone, earthquake, epidemics and any form of government restrictions on business operations, adverse climatic conditions and other unforeseen events or circumstances etc. (hereinafter referred to as “Force Majeure Conditions”) which directly affect the performance of obligations and which are beyond the reasonable control of either party, provided notice of the happening of any one or more of the Force Majeure Conditions is given by either party on occurrence of the Force Majeure Conditions, the obligation of the party giving notice shall stand suspended without any liability towards the other party so long as such Force Majeure Conditions continues except such obligations as may have accrued till the date of commencement of the Force Majeure.

  • Anti-Bribery

In case the Parties become aware of any benefit in cash or in kind being provided to any officer or employee, or any relative / associate of any officer or employee, of the other Party or of any of its associate companies, in order to secure this transaction, it shall notify the other Party of the same and the Parties will determine the way forward. In case of notification to HUNGRS, it shall be sent to HUNGRS’s ethics hotline portal, whose contact details are captured below:

(i)        Toll-free: By dialing a toll-free number …………. or …………. (Available in English,Hindi,Kannada language at all times between 9.30 am to 6.30pm). Outside of this window, other reporting channels can be used for providing information.

(ii)        Email: By sending an email to support@hungrs.com          

(iii)        Web Portal: https://hungrs.com

  • Payment Terms
  • Definitions
  • The term “Gross Value” shall mean with respect to each Order, the aggregate of the following (i) price of the items included in each Order as per the menu displayed on the Platform menu; (ii) the packaging charges or any other charges payable by the Buyer to the Merchant, if any and (iii) GST and other such taxes as applicable.
  • The term “Net Value” shall mean the System Value excluding GST and such other taxes that may be applicable.
  • The term “Service Fee” shall mean and include:
  • “Platform Service Fee”, means the fee for Platform Services provided by HUNGRS to the Merchant and shall include listing fee and lead generation fee;
  • “Delivery Service Fee”, means the fee for Delivery Services facilitated through HUNGRS through PDP.
  • The term “Successfully Delivered Order” shall mean Orders for which Collections have been made.
  • The term “Disputed Order/s” shall mean those Orders for which Buyers have either refused to pay for or have claimed partial or full refund, as applicable, for reasons that are attributable to Merchant, including but not limited to, Buyer’s expectations not being met or Buyer dissatisfaction in relation to, inter alia, the quality of the products, undelivered Orders, discrepancy in the product delivered which is not in accordance with the Order placed and/or those Orders for which Buyer requests for a replacement. Such event HUNGRS shall be entitled to recover from Merchant the Service Fee from the Collections. It is clarified that HUNGRS shall not be liable to make any payment for a Disputed Order. HUNGRS shall reserve the right to recover, from the Merchant, the amount paid to Buyers as a refund up to the Order value. (Note: In case the Buyer requests for a replacement, the Merchant shall be liable to provide the replacement of the Order free of cost and in such case HUNGRS shall not charge Service Fee for the replacement Order additionally. HUNGRS undertakes, on a best effort basis, to employ strong controls to prevent any misuse by the Buyer under this clause.).
  • The term “GST” shall mean goods and service tax.
  • The term “Other Services” shall mean the other services that are provided by HUNGRS to Merchants fully defined under Schedule of Charges.
  • HUNGRS shall charge Merchant/s Service Fee for the Services provided. The Merchant shall pay Service Fees to HUNGRS as agreed between the Parties under the duly executed memorandum of understanding or letter of understanding by and between HUNGRS and the Merchant/s (“MoU”), which term shall include references to any amendments made thereto. The Service Fees are subject to GST and other taxes applicable thereon at the prevailing rates.
  • HUNGRS shall collect the payments against undisputed Orders from the Buyers (the “Collections”) and shall remit to the bank account of the Merchant as specified hereinabove. HUNGRS shall be entitled to make the following deductions (“Deductions”) from the Collections: (i) Service Fees for the applicable Settlement Period, including Service Fees for Disputed Orders (ii) Other Charges as mentioned under Schedule of Charges and (iii) GST & other taxes applicable thereon at the prevailing rates, from weekly settlement remittance for the applicable Settlement Period (defined hereinafter) and (iv) amounts due and payable to HUNGRS under any other  agreements or arrangements between HUNGRS and Merchant.
  • Upon the expiry or earlier termination of the MoU in accordance with the terms thereof, HUNGRS and the Merchant shall only be required to service Orders already placed through Platform prior to such expiry or earlier termination, and HUNGRS shall be entitled to deduct payments for such Orders in accordance with this Payment Terms.
  • In the event of any change to the System Value, the Merchant shall inform HUNGRS of such change at least 4 working days prior to effecting such changes. The System Value will be deemed to be updated with the changes as communicated by the Merchant on the 5th working day from the date of receipt of such written communication by HUNGRS. It is however clarified that for the purpose of determining the value of an Order, only the System Value, as updated in accordance with this clause, shall be considered as the final value. HUNGRS shall not be liable or responsible in any way for any change in menus by the Merchant, except to the extent already informed by the Merchant to HUNGRS in accordance with this clause.
  • Mode of Payment
  • Settlement of the Collections shall occur on a weekly basis (and in accordance with the payment systems and nodal account guidelines prescribed by the Reserve Bank of India) to allow for adjustments towards Disputed Orders (the “Settlement Period”) subject to deductions specified hereinabove. The Settlement Period for Orders Serviced from Monday to Wednesday shall be on or before Friday of the following week. If the Settlement Period falls on a bank holiday, it shall be deemed to be the following working day.
  • HUNGRS shall raise invoices for the Service Fees for the applicable Settlement Period, and the applicable Service Fees shall be deducted from the Collections. The balance Collections shall be remitted by HUNGRS to the Merchant at the end of the Settlement Period.
  • Schedule of Charges

HUNGRS shall be entitled to charge, and the Merchant shall pay to HUNGRS, the charges detailed hereunder in addition to the Service Fee. These charges are subject to GST or any other taxes applicable thereon at the prevailing rates. HUNGRS reserves the right to revise these charges with prior intimation to the Merchant.

Notes:

  • “Call Center Service Fee” shall mean a fee towards Call Centre Services provided by HUNGRS to get an Order confirmation by Merchant more fully defined under clause VI (9)(xiii)(a) of the Merchant Terms. HUNGRS shall waive off Call Center Services Fee (a) as one-time convenience to the new Merchants for an initial period from the date of MoU and (b) Call Centre Services up to 5% of Orders out of the total Orders (rounding decimals to the next whole number) in a Settlement Period [Illustration: 1.4 rounded to the next whole number will be 2 and 1.6 rounded to the next whole number will be 2];
  • “Penalty for Merchant Cancellation” shall mean penalty with respect to Order that are cancelled by the Merchant due to failure to fulfil as a result of unavailability of the product/s in an Order or closure of the Merchant’s outlet or any other reason attributable to the Merchant. Merchant Cancellations (without any charge) will be permitted up to 0.5% of Orders out of the total Orders (rounding decimals to the next whole number) in a Settlement Period [Illustration: 1.4 rounded to the next whole number will be 2 and 1.6 rounded to the next whole number will be 2];
  • “Refund for Disputed Order/s” shall mean refund paid to the Buyer, where the Buyer claimed partial or full refund, as applicable, for the reasons that are attributable to Merchant, including but not limited to, Buyer’s expectations not being met or Buyer dissatisfaction in relation to, inter alia, the quality of the products, undelivered Orders, discrepancy in the product delivered which is not in accordance with the Order placed and/or those Orders for which Buyer requests for a refund or replacement. Instant Gratification will be effective only after HUNGRS provides the feature on the HUNGRS Partner App/Website that will provide to the Merchant the information with respect to the Order and reason for deduction of compensation;
  • “Marketing fees and such other charges” shall mean the charges towards digital marketing services including but not limited to carousel connection with the Merchant’s listings and other related services availed by the Merchant on the Platform and shall be decided by HUNGRS;
  • “Merchant Protection for Cancellation” an amount paid to Merchant in case of cancellation of Orders either through the Platform, or through calling customer care, by a Buyer or by HUNGRS (a) for no reason attributable to Merchant, or (b) for no reason attributable to or beyond control of HUNGRS, provided that the said Order has been accepted and confirmed for preparation by the Merchant and exclude the restaurant driven cancellation. The same shall be calculated and remitted in the following manner:
  • The above-mentioned policy shall be applicable only in cases where an order has been confirmed/accepted by the merchant. In case of an order not being confirmed/accepted, no payment shall be made to the merchant.
  • The definition of MFR compliance shall be as follows:
  • (a) A merchant is considered MFR compliant when their MFR accuracy in the last calendar week (last Mon-Sun) is greater than 80%.
  • (b)  MFR accurate order is defined as follows:
    • If the delivery partner arrives before the merchant marks the food as ready, the order shall be MFR accurate if the time gap between merchant marking the food as ready and the delivery partner picking up the food is less than or equal to 3 minutes.
    • If the delivery partner arrives after the merchant marks the food as ready, the order shall be MFR accurate if the time gap between delivery partner arrival and delivery partner marking the food as picked up is less than or equal to 3 minutes.
  • (c) MFR accuracy is calculated for all delivered orders.

It should be noted that in cases of cash on delivery Order, HUNGRS does not receive any payments from the Buyer with respect to such cancelled Orders on the time of cancellation and the amounts mentioned above is being paid by HUNGRS as a goodwill gesture to Merchants.

It is understood and agreed by the Merchant that it shall discharge HUNGRS from all claims it may have in such cancelled Order once Merchants receives the payment in the aforesaid manner. Further, HUNGRS alone shall have the right to recover Gross Value from Buyers involved in such cancelled Orders, on behalf of the Merchants, as may be decided by HUNGRS, at its sole discretion.

Notwithstanding anything stated above, Merchant Protection for cancellation payment to the Merchant will be against demonstration of good faith by the Merchants to the satisfaction of HUNGRS and HUNGRS reserves the right to (i) refuse to pay to Merchant any amount upon reasonable belief of mala fide or fraud on part of the Merchant (ii) recover any such payment from the payouts upon acquiring knowledge of mollified or fraud on the part of Merchant. However, if HUNGRS determines to proceed with the payment as detailed above, the same shall be accounted for in the applicable Settlement Period.

  • Each Party, in order to derive the benefits under the present Terms and Conditions, shall exercise act only in good faith in its dealings with the other Party hereto and in performance of its obligations under these Terms and Conditions.
  • HUNGRS Select Program

HUNGRS SELECT Program is a Privilege Partner Program on the Platform. Under this program, eligible Partner restaurants can voluntarily reach out to the platform seeking a plan to target growth and related benefits subject to pre-requisite requirements. Specific Terms and Conditions will apply. For details, please reach out to your account SPOC.

  • HUNGRS Role and Responsibilities
    •  HUNGRS shall onboard the Restaurant onto its Platform in accordance with the HUNGRS Policies and shall execute the MOU between the Restaurant and HUNGRS. The Restaurant shall be provided with adequate instructions and tutorials (if need be) to ensure a speedy and hassle-free onboarding process onto the Platform.
    •  Restaurant shall determine the quantum, value of Offers, and other related terms and conditions governing such Offers to be provided by the Restaurant, which shall be offered on the orders fulfilled by the Restaurant which shall be agreed in writing by HUNGRS and such Offers shall be binding on the Restaurant and its representatives and or service staff, upon execution of the MOU and upon acceptance of the T&C.
    •  HUNGRS shall ensure the User has a hassle-free experience on the Platform and in this regard, shall issue directions and suggestions (as need be) to the Restaurant to improve services and/or rectify any error on their part.
    •  HUNGRS shall use the name, logo, and other identifiable mark(s) held by the Restaurant to advertise and promote the Restaurant on the Platform as well as the Offers offered on the orders fulfilled by such Restaurant. HUNGRS may also use any photographs, videos and other imagery of the premises of the Restaurant to provide the User with an accurate representation of the same. HUNGRS shall also provide an accurate map of the location of the Restaurant as provided by the Restaurant, using third-party mapping software as is required by HUNGRS, to ensure avoidance of confusion in locating the premises of the Restaurant.
    •  HUNGRS shall have access to the menu, i.e., the list and types of items offered by the Restaurant at a particular time, and any updates or amendments to the same are to be shared with HUNGRS within three days of such change to revise the same on the Platform for the convenience of the User. Any complaints or grievances raised by the User in relation to any discrepancies between the information reflected on the Platform and the information provided in the Restaurants shall be solely and exclusively be dealt and resolved by the Restaurant.
  • Payment Settlement
    •  Subject to: (i) the provisions of this T&C and MOU; and (ii) upon completion of the ordered items as served to the User by the Restaurant, in accordance with the order placed by the User, the Restaurant shall be required to issue an invoice detailing out the Invoiced Amount to the User against each order fulfilled by the Restaurant, to enable the User to make the required payments via the Platform.
    • For the purposes of this T&C, “Invoiced Amount” shall mean the total amount payable in INR set out in the bill/invoice raised by the Restaurant for the order placed by the User at its premises, who has availed the services of the Restaurant and shall include all applicable taxes, service charges (if any), cess imposed by the Central Government and/or State Governments and any other charges as applicable.
    •  Upon the Restaurant issuing the relevant invoice for the Invoiced Amount in favor of the User, the User shall, and the Restaurant shall ensure that such User makes the correct and necessary payment for the Invoiced Amount to HUNGRS via its Platform. On issuance of the invoice by the Restaurant, the Restaurant hereby acknowledges that complete payment may be made by the User via the Platform, or such payment may be split amongst the multiple Users. For the purposes of clarity, multiple users shall mean such individuals (i.e., users of the Platform) who have tagged along with the primary User for the purposes of placing such order to the Restaurant.
    • For the purposes of this T&C, “payment” shall mean the payment made by the User based on the invoice (detailing out the gross Invoiced Amount) raised by the Restaurant towards the User for the fulfillment of the orders by the Restaurant.
    • For clarification; (a) Gross bill amount shall mean (invoice amount raised by restaurant to customer) – this is the amount that the customer enters in the HUNGRS app; (b) Net bill amount shall mean (invoice amount less discount applied) – this is the amount that the customer will pay via the HUNGRS app.
    • Upon User making the complete Payment to HUNGRS, HUNGRS shall inform the Restaurant of successful completion of payment by sending an email and an SMS to the registered mobile number provided by the Restaurant at the time of on-boarding and it shall be the sole responsibility of Restaurant to check and monitor, whether such User has successfully made the Payment to HUNGRS via its Platform. Unless and until the User does not show the receipt of the successful Payment to the Restaurant or its personnel on the Platform, it shall be deemed that such User has not made the necessary Payment and the Restaurant shall ensure that such payment has been made by the User by way of the Platform.
    •  In the event, whether due to technical issues or any other concerns, (i) the User is unable to make the required payment through the Platform ensuring collection of such Payment, the User may approach the HUNGRS Customer Care to assist in resolution of the concern. It shall be the sole responsibility of the Restaurant to collect the outstanding payment directly from the User in the event of failure by the User to release the required payment via the Platform for any reasons whatsoever and HUNGRS cannot be held responsible in any case, whatsoever. If the User is making payment directly to the Restaurant, the Offers offered by HUNGRS shall not be applicable, and the Restaurant may decide to offer such other offers or discount on its own terms and HUNGRS will not be responsible for any such offer made or retracted.
  •  Ownership and Intellectual Property Rights
  • HUNGRS represents and warrants that it is the sole and exclusive owner of, and has complete right, title and interest in, all intellectual property rights (including but not limited to patents, trademarks, designs, and copyrights) in the Platform, and that no third party has any intellectual property rights of any nature to in the Platform.
    •  The Restaurant represents and warrants that it agrees and acknowledges that ownership of all right, title and interest in and to Platform, including patent, trademark, service mark, copyright, and trade secret rights shall be owned by and remain solely and exclusively with HUNGRS at all times. The Restaurant does not acquire any ownership rights or title in the Platform, either express or implied.
    •  Restaurant recognizes that HUNGRS is the registered owner of the word mark HUNGRS and the logo including but not limited to its variants (IPR) and shall not directly or indirectly, attack or assist another in attacking the validity of, or HUNGRS’s or its affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If you become aware or acquire knowledge of any infringement of IPR you shall report the same to @HUNGRS.com with all relevant information.
    •  Restaurant hereby grants HUNGRS an unrestricted, non-exclusive, royalty-free license in respect of all content and information provided to HUNGRS by the Restaurant for the purposes of inclusion in the Platform and as may be required under this T&C. This includes, but is not limited to, a) use of the Restaurant’s name in the context of Google ad words to support advertising and promotional campaigns to promote Offers or other offer(s) on internet which may be undertaken by HUNGRS; b) preparation of derivative works of, or incorporate into other works, all or any portion of the marketing materials which will be made by HUNGRS for the purposes of its business. Any material the Restaurant transmits or submits to HUNGRS (“Material”) shall be considered and may be treated by HUNGRS as non-confidential. The Restaurant also grants to HUNGRS a royalty-free, perpetual, irrevocable, non-exclusive license to use, copy, modify, adapt, translate, publish and distribute any Material for the purposes of providing Services . The Restaurant agrees that all information provided to HUNGRS that is published, may be relied upon and viewed by Users to enable them to make decisions.
  •  Termination
  • HUNGRS may suspend your ability to use all or any element of the Services or may terminate this agreement effective immediately, without notice or explanation. Without limiting the foregoing, HUNGRS may suspend your access to the Services if we believe you to be in violation of any part of this T&C (including any HUNGRS Policies). After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an account. You agree that HUNGRS shall not be liable to you for any suspension or termination of this agreement or for any effects of any termination of this agreement. You are always free to discontinue your use of the Services at any time. You understand that any termination of your account may involve deletion of any content stored in your account for which HUNGRS will have no liability whatsoever.
  • Confidentiality
    •  Apart from the Materials defined in Clause 5(d) above as well as any other articles shared in the common course of business, each Party acknowledges that it will have access to certain confidential information of the other Party concerning the other Party’s business, projects, plans, User, customers, technology, operations, software, commercial details, and other information held in confidence by the other Party (“Confidential Information”). Each Party acknowledges that any disclosure to third parties of Confidential Information may cause immediate and irreparable harm to the owner of the disclosed Confidential Information. Confidential Information will include all information in tangible or intangible form that is marked or designated as confidential or that, under the circumstances of its disclosure, should be considered confidential, including documents, whether in physical or electronic form, drawings and other information relating to the business of the Party concerned etc. Each Party agrees that it will not use in any way, for its own account or the account of any third party, except for its own account as expressly permitted by, or required to achieve the purposes of, this Agreement, nor disclose to any third party, any of the other Party’s Confidential Information and will take reasonable precautions to protect the confidentiality of such information in a manner consistent with generally accepted industry standards and in accordance with the provisions of this Agreement.
    •  Information will not be deemed Confidential Information hereunder if such information: (i) is known to the receiving Party prior to receipt from the disclosing Party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing Party; (ii) becomes known (independently of disclosure by the disclosing Party) to the receiving Party directly or indirectly from a source other than the one having an obligation of confidentiality to the disclosing Party; (iii) is trivial or obvious, in the public domain, becomes publicly known or otherwise ceases to be secret or confidential, except through a breach of this Agreement by the receiving Party; or (iv) is independently developed by the receiving Party. The receiving Party may disclose Confidential Information pursuant to the requirements of a governmental agency or by operation of applicable statutory law or by the Court of Law, provided that it gives the disclosing Party reasonable prior written notice sufficient to permit the disclosing Party to contest such disclosure.
  • Warranty and Indemnity
    •  The Restaurant warrants that if the Restaurant ceases to do business, closes down operations for a substantially long term (in excess of 1 (One) Year), loses due to expiry or other reason any license or registration to operate and/or any other reason to discontinue operations, the Restaurant shall provide HUNGRS a written notice 15 days prior to such closure or discontinuation, failing which the Restaurant shall indemnify HUNGRS for any claims or disputes that may arise.
    •  The parties hereby acknowledge and agree that, HUNGRS merely assumes the role of facilitator only between the User and the Restaurant. At no point of time, HUNGRS shall be held responsible or liable for any transactions between the User and Restaurant and for the services offered by the Restaurant.
    •  Restaurant will ensure that it complies with and remains in compliance with all applicable Indian laws and all other applicable legislation, regulations or standards.
    •  You represent and warrant that you own or otherwise control all of the rights to any content submitted by you; that all content submitted by you is accurate; and that exploitation of such content by HUNGRS and its other Users, partners (including Restaurants), and licensees will not violate these T&C, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at HUNGRS’s request) defend HUNGRS, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders from and against all claims resulting from any content submitted by you,
    •  The Restaurant agrees to indemnify and holds HUNGRS harmless (and its directors, officers, agents, representatives and employees) from and against any and all claims, suits, liabilities, judgments, losses and damages arising out of or in connection with any claim or suit or demand:
      •  on account of breach of this T&C by the Restaurant or its personnel;
      •  in respect of, arising out of, or in connection with the offers or discount extended by the Restaurant;
      •  the quantity, quality and delivery time of the order placed by the User and fulfilled by the Restaurant.
      •  any statutory proceedings which may arise out of any acts of omission or commission by the Restaurant in relation to the applicable excise laws.
      •  on account of any non-compliance of a condition under the license issued by any rule/regulation/statute.
      •  On account of any liability or responsibility for, death, injury, damage or impairment to the User for any reasons attributable to the Restaurant or its personnel or any third-party present within the premises of the Restaurant.
    •  HUNGRS warrants that it will undertake its obligations with reasonable skill and care. HUNGRS does not guarantee or warrant that the Platform will be free from defects or malfunctions. If errors occur, it will use its best endeavors to resolve these as quickly as possible.
    •  You hereby disclaim and waive any rights and claims you may have against us with respect to User or Restaurant or its personnel or any third party.
  • Limited Liability
    •  Liability Limitations: YOU UNDERSTAND THAT USE OF THE DINEOUT SERVICES IS AT YOUR OWN RISK AND HUNGRS CANNOT GUARANTEE THAT THE DINEOUT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY SPECIFIED HEREIN, IN NO EVENT SHALL HUNGRS BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS T&C (INCLUDING ANY CHANGES THERETO), (2) ANY USE OF THE HUNGRS PLATFORM, DINEOUT SERVICES, OR THE HUNGRS CONTENT OR THE USER CONTENT, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF ANY OF THE SERVICES). IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE HUNGRS SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE HUNGRS CONTENT. HUNGRS IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY USER BEFORE THE RELEVANT RESTAURANT CLAIMED AN OFFER OR PROMOTIONOR DISCOUNT OR PAID A BILL USING THE PLATFORM.
    •  These T&C are co-extensive and concurrent with other HUNGRS Policies listed on their Platform. As such, all other terms and conditions listed hereinbefore and the same need not be expressly repeated herein.
    •  You and HUNGRS understand and agree that the aforementioned disclaimers, exclusions, and limitations are essential elements of this T&C and that they represent a reasonable allocation of risk. In particular, you understand that HUNGRS would be unable to make the Services available to you except on these terms and agree that this T&C will survive and apply even if any limited remedy specified in this T&C is found to have failed of its essential purpose.
  •  Applicable Law & Dispute Resolutions: These T&C shall be governed in accordance with the laws of India. All disputes related to the Services will be subject to the exclusive jurisdiction of the courts of Bhubaneswar only.
  •  Release: Restaurants are solely responsible for their interactions with the Users and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by the User or the Restaurant, as a result of your (or such recipient’s) interaction with or visit to any Restaurant or merchant or from any promotion, offer, product or service of any Restaurant. Restaurants must resolve all disputes directly with Users or any third party. To the maximum extent permitted by applicable law, you hereby release HUNGRS from any and all such Claims


SCHEDULE CHARGES :

Description Of ChargesCharges/Deductions/ReimbursementEffective fromExceptions/Remarks  
Call Center Service FeeFree of charge  Date of the MOU 
Refund for Disputed OrderAs applicableDate of the MOUCase to case basis & up to Order Value
Payment Settlement ProcessHungr’s shall transfer the Order Value received from the Customer to the Merchant after deduction of the following amounts, as applicable: (a) Commission; (b) Payment Mechanism Fee; (c) Taxes as applicable; (d) Any other amounts, charges that are due to Hungr’s under the Form and/or the Terms. The Parties acknowledge and agree that after the deduction of the aforementioned amounts, Hungr’s shall remit the Net Order Value due to the Merchant:   On every 3 Days basis, after allowing a reasonable time for adjustments towards Orders for which the Customers have claimed a refund (“Payment Settlement Day”). Ex; The Payment Settlement Day for Orders serviced from Monday to Wednesday shall be on Thursday of the same week.Hungr’s shall remit the Order Value due to the Merchant within a period of 3 bank working days from the date the payment of the order Value is received by Hungr’s.If the Payment Settlement Day falls on a bank holiday it shall be the following working day.    
Marketing fees and such other chargesAs applicableDate of the MOUAs and when service is availed.
Seller Protection for other than Merchant CancellationRestaurants are obliged to accept the cancellation request if it is sent within 1 minute from the time of order placed. In this scenario NO payment will done to Restaurants.     If the order cancellation request sent >1 minute from the time order placed & restaurant accepted the cancellation then 15 % of Order value will refund to restaurant within the next payment cycle. Upon acceptance of order cancellation restaurant will receive Loyalty points those can be encased.   If Restaurant declined Order cancellation request sent by customer then 100 % of Order value will receive by restaurant. If Restaurant has accepted the Order & unable to supply the order fully or partly then No payment will be made to restaurant.     Note: Restaurant has full authority to either “ Accept” or “ Declined” the cancellation request sent from customers after 1 minute of order placing.   We encourage restaurant to accept the cancellation request & earn 15 % of order value, get Loyalty point & make customer happy to order the food from same restaurant next time.   Schedule Orders : Restaurants are obliged to supply the scheduled orders which has accepted by restaurants.   Date of MOUCase to case basis
Payment Processing FeeAs per payment channelsDate of MOUCase to case basis

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