Legal Archive

USTART Policies

Transparency is the secret sauce of our relationship with you. Please read these terms carefully before using the USTART platform.


1

Applicability & Scope

1.1 Platform Ownership and Operation

1.1.1 These Terms and Conditions (“Terms”) govern the access to and use of the mobile application and website (collectively, the “Platform”) operated by TOWEB TECHNOLOGY PRIVATE LIMITED, a company incorporated under the laws of India, having its registered office as notified from time to time (“Company”, “We”, “Us”, or “Our”).

1.1.2 The Platform enables users to discover restaurants, view menus, place food orders, make payments, and receive deliveries, subject to the terms set out herein.

1.2 Applicability to Users

1.2.1 These Terms apply exclusively to end-users/customers (“User”, “Customer”, or “You”) who access or use the Platform for the purpose of ordering food.

1.2.2 By accessing, browsing, registering on, or placing an order through the Platform, You agree to be bound by these Terms, along with:

  • The Privacy Policy
  • The Refund & Cancellation Policy
  • Any other policies or guidelines displayed on the Platform from time to time

1.2.3 If You do not agree with these Terms, You must immediately discontinue use of the Platform.

1.3 Excluded Parties

1.3.1 These Terms do not apply to:

  • Restaurants, cloud kitchens, or food vendors listed on the Platform
  • Delivery partners, whether delivery is arranged through the Platform or by the restaurant
  • Any third-party merchants, advertisers, or service providers

1.3.2 Such parties are governed by separate contractual arrangements with the Company and/or Users, as applicable.

1.4 Nature of the Platform (Intermediary Role)

1.4.1 The Platform acts as a technology intermediary, facilitating:

  • Discovery of restaurants and food items
  • Placement of food orders by Users
  • Transmission of orders to restaurants
  • Payment facilitation
  • Coordination of delivery, where applicable

1.4.2 The Company does not:

  • 1.4.2.1 Prepare, cook, process, or package food
  • 1.4.2.2 Determine food quality, ingredients, portion size, or hygiene standards
  • 1.4.2.3 Own, manage, or control any restaurant listed on the Platform

1.4.3 Restaurants listed on the Platform are independent third parties and are solely responsible for the food and services provided by them.

1.5 Delivery Services (User Perspective)

1.5.1 For the convenience of Users, delivery of food orders may be facilitated in one of the following ways:

  • 1.5.1.1 Through delivery partners arranged via the Platform; or
  • 1.5.1.2 Directly by the restaurant using its own delivery personnel

1.5.2 The mode of delivery shall depend on factors including but not limited to:

  • Restaurant preference
  • Location serviceability
  • Operational availability

1.5.3 Delivery timelines displayed on the Platform are estimates only and may vary due to factors beyond the Company’s control.

1.6 Restaurant Responsibility

1.6.1 All responsibility relating to food, including but not limited to:

  • Preparation and cooking
  • Quality and quantity
  • Ingredients and allergens
  • Hygiene and food safety
  • Compliance with applicable laws and FSSAI regulations

shall rest solely with the respective restaurant fulfilling the order.

1.6.2 The Company shall not be liable for any issues arising out of food quality, contamination, health impact, or statutory non-compliance by restaurants.

1.7 Territorial Applicability

1.7.1 The Platform is currently intended for use within India only.

1.7.2 These Terms shall be interpreted in accordance with the laws applicable in India.

1.8 Right to Modify Scope

1.8.1 The Company reserves the right to modify, suspend, or discontinue any aspect of the Platform, including its scope, features, or availability, at any time without prior notice, subject to applicable law.

2

Eligibility, Age & User Representations

2.1 General Eligibility to Use the Platform

2.1.1 The Platform is available for use by individuals of all age groups, subject to the terms and conditions set forth herein.

2.1.2 By accessing, registering on, or using the Platform, You acknowledge and agree that:

  • 2.1.2.1 You have the authority to accept and be bound by these Terms; or
  • 2.1.2.2 You are using the Platform under the supervision and consent of a parent or legal guardian, where applicable.

2.1.3 Continued use of the Platform shall constitute ongoing acceptance of these Terms, as updated from time to time.

2.2 Use of the Platform by Minors

2.2.1 For the purposes of these Terms, a “Minor” means any individual below the age of eighteen (18) years.

2.2.2 Where a Minor accesses or uses the Platform:

  • 2.2.2.1 Such access shall be deemed to be with the knowledge, consent, and supervision of the Minor’s parent or legal guardian;
  • 2.2.2.2 The parent or legal guardian shall be deemed to have accepted these Terms on behalf of the Minor.

2.2.3 The parent or legal guardian of a Minor agrees and undertakes to:

  • 2.2.3.1 Be fully responsible for all activities conducted by the Minor on the Platform;
  • 2.2.3.2 Be liable for all food orders placed, payments made, and obligations incurred through such use;
  • 2.2.3.3 Supervise and regulate the Minor’s access to the Platform, including usage duration and content.

2.2.4 The Company shall not be responsible for monitoring whether a User is a Minor or for verifying parental consent.

2.3 Registered Account Holder Responsibility

2.3.1 The individual whose mobile number, email address, or payment instrument is used to create or operate an account shall be deemed the registered account holder.

2.3.2 The registered account holder shall be solely and unconditionally responsible for:

  • 2.3.2.1 All actions, orders, communications, and transactions carried out through the account;
  • 2.3.2.2 Any use of the account by a Minor or any third party;
  • 2.3.2.3 Compliance with these Terms and all applicable laws.

2.3.3 The Company shall not be liable for:

  • 2.3.3.1 Any misuse of an account by a Minor or unauthorized third party;
  • 2.3.3.2 Any disputes between the registered account holder and any other user of the account.

2.4 Accuracy and Completeness of Information

2.4.1 Users agree to provide information that is true, accurate, current, and complete at the time of registration and while placing orders.

2.4.2 Users are solely responsible for ensuring the accuracy of:

  • Delivery address and location details
  • Contact information
  • Order-specific instructions

2.4.3 The Company shall not be liable for:

  • 2.4.3.1 Delays, failed deliveries, or incorrect orders arising from inaccurate or incomplete information;
  • 2.4.3.2 Losses resulting from User-provided errors.

2.5 Authority to Use Payment Methods

2.5.1 By adding or using a payment method on the Platform, the User represents and warrants that:

  • 2.5.1.1 They are legally authorized to use such payment instrument; and
  • 2.5.1.2 The payment method is valid and lawful.

2.5.2 The Company does not verify ownership of payment instruments and shall not be responsible for:

  • Unauthorized use of cards, wallets, or accounts;
  • Disputes between Users and banks, payment gateways, or financial institutions.

2.6 Lawful and Appropriate Use

2.6.1 Users agree to use the Platform strictly in accordance with:

  • These Terms; and
  • All applicable laws, rules, and regulations in force in India.

2.6.2 Users shall not use the Platform to:

  • 2.6.2.1 Engage in fraudulent, unlawful, or abusive activities;
  • 2.6.2.2 Place orders with malicious intent or without intent to accept delivery;
  • 2.6.2.3 Circumvent Platform policies or security mechanisms.

2.7 Right to Restrict or Deny Access

2.7.1 The Company reserves the right, at its sole discretion, to restrict, suspend, or terminate access to the Platform, without prior notice, if:

  • 2.7.1.1 User information is found to be false, misleading, or incomplete;
  • 2.7.1.2 There is a breach of these Terms;
  • 2.7.1.3 Such action is required under applicable law or by a regulatory authority.

2.7.2 Such action shall be without prejudice to any other rights or remedies available to the Company under law.

2.8 No Waiver of Responsibility

2.8.1 Allowing access to the Platform for all age groups shall not be construed as a waiver of responsibility on the part of:

  • Parents or legal guardians of Minors; or
  • Registered account holders.
3

User Account, Access & Security

3.1 Mandatory Account Creation

3.1.1 Access to ordering services on the Platform shall be available only to Users who have created and maintain an active user account in accordance with the procedures prescribed by the Company.

3.1.2 Account registration shall require the submission and verification of such information as may be determined by the Company from time to time, including but not limited to a valid mobile number and/or email address.

3.1.3 The Company reserves the right, in its sole discretion, to refuse registration, suspend account creation, or deny access to any person, without assigning any reason, subject to applicable law.

3.2 Single Account Restriction

3.2.1 A User shall be permitted to maintain only one active account on the Platform, unless otherwise expressly authorized by the Company.

3.2.2 Creation or operation of multiple accounts, whether directly or indirectly, for the purpose of availing benefits, promotions, refunds, or otherwise circumventing Platform controls, shall constitute a material breach of these Terms.

3.3 Account Security and Confidentiality

3.3.1 Users shall be solely responsible for maintaining the confidentiality and security of their account credentials, including login details, passwords, one-time passwords (OTPs), and verification codes.

3.3.2 Any access to or use of the Platform through a User account shall be deemed to have been authorized by the registered account holder.

3.3.3 The Company shall not be liable for any loss, damage, or liability arising out of or in connection with:

  • 3.3.3.1 Disclosure of account credentials by the User;
  • 3.3.3.2 Use of the account by any person other than the registered account holder;
  • 3.3.3.3 Unauthorized access resulting from User negligence or failure to safeguard account information.

3.4 Responsibility of Registered Account Holder

3.4.1 The registered account holder shall be solely and unconditionally responsible for all activities carried out through the account, including but not limited to:

  • 3.4.1.1 Placement of orders;
  • 3.4.1.2 Payment of charges;
  • 3.4.1.3 Communications, instructions, and representations made through the Platform.

3.4.2 The Company shall not be responsible for any disputes arising between the registered account holder and any third party, including minors or family members, who may have accessed or used the account.

3.5 Unauthorized Access and Reporting

3.5.1 The User shall immediately notify the Company upon becoming aware of any unauthorized access to or use of the account.

3.5.2 The Company may, upon receipt of such notification, take reasonable measures to secure the account, including suspension or additional verification, at its discretion.

3.5.3 The Company shall not be liable for any loss or damage incurred prior to receipt of such notification.

3.6 Suspension, Restriction, and Termination

3.6.1 The Company reserves the right, at its sole discretion and without prior notice, to suspend, restrict, or terminate a User account, in whole or in part, if:

  • 3.6.1.1 The User breaches or violates these Terms;
  • 3.6.1.2 Fraudulent, abusive, or suspicious activity is detected;
  • 3.6.1.3 False, inaccurate, or misleading information is provided;
  • 3.6.1.4 Such action is required to comply with applicable law, court orders, or regulatory directions.

3.6.2 Suspension or termination of an account may result in cancellation of pending orders and forfeiture of promotional benefits or credits, to the extent permitted by law.

3.7 Effect of Termination

3.7.1 Upon termination of a User account, the User’s right to access and use the Platform shall immediately cease.

3.7.2 Termination shall not affect:

  • 3.7.2.1 Any completed transactions;
  • 3.7.2.2 Any outstanding payment obligations;
  • 3.7.2.3 Any rights, obligations, or remedies accrued prior to termination.

3.8 No Right to Continued Access

3.8.1 Access to the Platform is granted on a permissive basis and does not confer any vested or proprietary right upon the User.

3.8.2 The Company does not warrant or guarantee uninterrupted, continuous, or permanent access to the Platform.

4

Ordering, Acceptance & Confirmation

4.1 Placing of Orders by Users

4.1.1 Users may place orders for food items through the Platform by selecting items offered by restaurants listed on the Platform and completing the checkout process in accordance with the instructions displayed.

4.1.2 The act of placing an order by the User shall constitute a clear, conscious, and voluntary offer by the User to purchase the selected food items from the respective restaurant, subject to acceptance in accordance with these Terms.

4.1.3 Prior to placing an order, the User acknowledges having reviewed and verified:

  • 4.1.3.1 The selected food items and quantities;
  • 4.1.3.2 The applicable prices, taxes, and charges;
  • 4.1.3.3 The delivery address and contact details;
  • 4.1.3.4 Any special instructions provided to the restaurant or delivery personnel.

4.1.4 The Company shall not be responsible for errors arising from the User’s failure to review order details prior to submission.

4.1.5 Once an order is placed, it shall not be capable of modification, except where expressly permitted under the applicable cancellation or modification policies displayed on the Platform.

4.2 Acceptance and Formation of Contract

4.2.1 An order placed by a User shall not be deemed accepted, confirmed, or binding unless and until such order is expressly accepted by the restaurant and/or successfully processed by the Platform’s systems, as applicable.

4.2.2 Until such acceptance, no contract for the supply of food shall be deemed to exist between the User and the restaurant.

4.2.3 The Company reserves the right, at its sole discretion, to reject, cancel, or reverse any order prior to acceptance, including but not limited to circumstances involving:

  • 4.2.3.1 Non-availability of items;
  • 4.2.3.2 Restaurant closure or operational constraints;
  • 4.2.3.3 Pricing or menu discrepancies;
  • 4.2.3.4 Technical or system errors;
  • 4.2.3.5 Suspected fraudulent, abusive, or unlawful activity.

4.2.4 Users acknowledge and agree that the Company does not guarantee acceptance or fulfilment of all orders placed through the Platform.

4.3 No Assurance of Menu Accuracy or Availability

4.3.1 All menu details, prices, availability, preparation times, and descriptions displayed on the Platform are provided by restaurants and are subject to change at any time without prior notice.

4.3.2 The Company does not warrant or guarantee the accuracy, completeness, or availability of menu information displayed on the Platform.

4.3.3 The Company shall not be liable for:

  • 4.3.3.1 The unavailability of any menu item;
  • 4.3.3.2 Differences between displayed information and the items ultimately supplied by the restaurant;
  • 4.3.3.3 Any loss or inconvenience arising from such discrepancies.

4.4 Representational Nature of Images and Descriptions

4.4.1 All images, photographs, descriptions, and illustrations of food items displayed on the Platform are for representational and indicative purposes only.

4.4.2 Actual food items delivered may vary in appearance, portion size, packaging, presentation, or garnish due to factors inherent in food preparation.

4.4.3 Such variations shall not constitute a defect, deficiency in service, or misrepresentation on the part of the Company.

4.5 Pricing, Charges, and Order Value

4.5.1 Prices of food items are determined solely by the respective restaurants.

4.5.2 The total payable amount for an order may include, without limitation:

  • 4.5.2.1 Food item prices;
  • 4.5.2.2 Applicable taxes;
  • 4.5.2.3 Packaging charges imposed by restaurants;
  • 4.5.2.4 Delivery charges;
  • 4.5.2.5 Platform, convenience, or service fees, as displayed at checkout.

4.5.3 Users acknowledge that prices and charges may vary across restaurants, locations, and time periods and that the Company does not guarantee parity with in-store pricing.

4.5.4 Display of the final payable amount at checkout shall constitute sufficient disclosure and User consent to such charges.

4.6 Payment Processing and Confirmation

4.6.1 Orders requiring online payment shall be processed only upon successful completion and confirmation of payment through the designated payment channels.

4.6.2 The Company does not control or operate banking networks, card issuers, or payment gateways and shall not be responsible for failures or delays attributable to such third parties.

4.6.3 In the event of payment failure, pending status, or reversal, the Company reserves the right to cancel the corresponding order.

4.6.4 The Company shall not be liable for any loss, delay, or inconvenience caused due to payment-related issues beyond its reasonable control.

4.7 User Obligations After Order Placement

4.7.1 Upon placing an order, the User agrees to:

  • 4.7.1.1 Remain available at the delivery location;
  • 4.7.1.2 Be reachable via the contact details provided;
  • 4.7.1.3 Cooperate with delivery personnel, where applicable.

4.7.2 Failure by the User to accept delivery due to unavailability, refusal, or incorrect information may result in:

  • 4.7.2.1 Cancellation of the order; and
  • 4.7.2.2 Ineligibility for refund or compensation, subject to applicable policy.

4.8 No Absolute Right to Fulfilment

4.8.1 Placement of an order does not confer upon the User any absolute or unconditional right to fulfilment.

4.8.2 Fulfilment of orders is subject to acceptance, availability, operational feasibility, and compliance with these Terms.

4.8.3 The Company shall not be liable for any loss or inconvenience arising from the rejection or cancellation of orders prior to acceptance.

4.9 Electronic Records and Evidence

4.9.1 All electronic records generated by the Platform, including order details, confirmations, invoices, communications, and transaction logs, shall be maintained in electronic form.

4.9.2 Such electronic records shall constitute valid, binding, and admissible evidence of the transactions and interactions conducted through the Platform, in accordance with applicable law.

5

Pricing, Fees & Payments

5.1 Determination of Prices

5.1.1 Prices of food items displayed on the Platform are determined solely by the respective restaurants and are communicated to the Company for display on the Platform.

5.1.2 The Company does not control, influence, or guarantee the pricing of food items offered by restaurants and shall not be responsible for any price variations between:

  • 5.1.2.1 Prices displayed on the Platform; and
  • 5.1.2.2 Prices charged by restaurants at their physical premises or through other channels.

5.1.3 Users acknowledge that food prices may vary based on location, availability, demand, time, or restaurant discretion.

5.2 Components of the Total Payable Amount

5.2.1 The total amount payable by the User for an order may include, without limitation:

  • 5.2.1.1 The price of food items selected;
  • 5.2.1.2 Applicable taxes as mandated under law;
  • 5.2.1.3 Packaging charges levied by restaurants;
  • 5.2.1.4 Delivery charges, where applicable;
  • 5.2.1.5 Platform service fees, convenience fees, or similar charges.

5.2.2 All applicable charges shall be displayed to the User at the checkout stage prior to order confirmation.

5.2.3 Display of the final payable amount at checkout shall constitute full disclosure and express consent by the User to pay such amount.

5.3 Modification of Fees and Charges

5.3.1 The Company reserves the right to introduce, modify, revise, or discontinue any fees or charges applicable to the use of the Platform at any time, subject to applicable law.

5.3.2 Any such changes shall be applicable only to orders placed after the revised charges are displayed on the Platform.

5.4 Payment Methods

5.4.1 The Platform may offer one or more payment methods, including but not limited to:

  • Online payment options (such as cards, UPI, wallets, net banking);
  • Cash on delivery, where made available.

5.4.2 Availability of payment methods may be subject to:

  • 5.4.2.1 Order value thresholds;
  • 5.4.2.2 Location serviceability;
  • 5.4.2.3 Risk assessment or internal policies of the Company or payment partners.

5.4.3 The Company reserves the right to enable, disable, or restrict payment methods for any User or order at its discretion.

5.5 Online Payment Processing

5.5.1 Online payments made through the Platform are processed by third-party payment gateways and financial institutions.

5.5.2 The Company does not control the operations of such third parties and shall not be liable for:

  • 5.5.2.1 Payment failures;
  • 5.5.2.2 Delays in authorization, settlement, or reversal;
  • 5.5.2.3 Errors attributable to banks, card issuers, or payment gateways.

5.5.3 In the event of unsuccessful or incomplete payment confirmation, the Company reserves the right to cancel the corresponding order.

5.6 Cash on Delivery

5.6.1 Where cash on delivery is offered, Users agree to make full payment at the time of delivery.

5.6.2 Failure or refusal to make payment upon delivery may result in:

  • 5.6.2.1 Cancellation of the order;
  • 5.6.2.2 Suspension or restriction of the User’s access to cash on delivery or the Platform.

5.7 Taxes

5.7.1 Applicable taxes shall be charged in accordance with prevailing laws and regulations.

5.7.2 The Company shall not be responsible for any changes in tax rates or structures imposed by governmental authorities.

5.8 Promotional Offers, Discounts & Credits

5.8.1 Promotional offers, discounts, coupons, or credits made available on the Platform are subject to specific terms and conditions.

5.8.2 The Company reserves the right to:

  • 5.8.2.1 Modify or withdraw any promotion at any time;
  • 5.8.2.2 Cancel benefits in cases of misuse, fraud, or violation of applicable terms.

5.8.3 Promotional benefits shall have no cash value and shall not be transferable unless expressly stated.

5.9 Refunds and Adjustments

5.9.1 Any refunds, chargebacks, or adjustments shall be governed exclusively by the Refund & Cancellation Policy displayed on the Platform.

5.9.2 The Company shall not be obligated to provide refunds except as expressly provided under such policy or required by applicable law.

5.10 No Set-Off or Deduction

5.10.1 Users shall not be entitled to withhold, deduct, or set off any amounts payable to the Company or restaurants against any claims or disputes, except as required by law.

5.11 Electronic Records

5.11.1 All payment-related records, invoices, and transaction confirmations generated through the Platform shall be maintained electronically and shall constitute valid evidence of the transaction.

6

Cancellations, Refunds & Adjustments

6.1 Order Cancellation by Users

6.1.1 Cancellation of an order by a User may be permitted or restricted depending on:

  • 6.1.1.1 The status of the order;
  • 6.1.1.2 Whether the order has been accepted by the restaurant;
  • 6.1.1.3 Whether food preparation or delivery has commenced;
  • 6.1.1.4 The applicable cancellation policy displayed on the Platform at the time of order placement.

6.1.2 Users acknowledge and agree that certain orders, once accepted or prepared, may not be eligible for cancellation.

6.1.3 Any cancellation request submitted by the User shall be processed subject to feasibility and the terms displayed on the Platform.

6.2 Cancellation by the Company

6.2.1 The Company reserves the right, at its sole discretion, to cancel an order at any stage prior to or after acceptance, including but not limited to circumstances involving:

  • 6.2.1.1 Unavailability of items;
  • 6.2.1.2 Restaurant closure or operational constraints;
  • 6.2.1.3 Delivery constraints or force majeure events;
  • 6.2.1.4 Incorrect pricing or technical errors;
  • 6.2.1.5 Suspected fraudulent, abusive, or unlawful activity.

6.2.2 Cancellation by the Company under this clause shall not give rise to any claim for damages or compensation beyond the refund, if any, determined in accordance with the applicable policy.

6.3 Refund Eligibility

6.3.1 Refunds, where applicable, shall be processed strictly in accordance with the Refund & Cancellation Policy displayed on the Platform at the time of order placement.

6.3.2 Users acknowledge that refunds are not automatic and shall be subject to verification, eligibility criteria, and applicable conditions.

6.3.3 The Company reserves the right to deny refund requests where:

  • 6.3.3.1 The User provided incorrect or incomplete delivery details;
  • 6.3.3.2 The User was unavailable or unreachable at the time of delivery;
  • 6.3.3.3 The User refused to accept delivery without a valid reason;
  • 6.3.3.4 The issue arose due to User error or misuse of the Platform.

6.4 Non-Refundable Situations

6.4.1 Without prejudice to other provisions, refunds shall not be issued for:

  • 6.4.1.1 Change of mind by the User after order acceptance;
  • 6.4.1.2 Dissatisfaction with taste, personal preference, or subjective expectations;
  • 6.4.1.3 Delays caused by factors beyond the reasonable control of the Company or restaurant;
  • 6.4.1.4 Minor variations in appearance or presentation of food.

6.5 Refund Mode and Timelines

6.5.1 Approved refunds shall be processed through the original mode of payment or such other method as determined by the Company.

6.5.2 Refund processing timelines may vary depending on:

  • 6.5.2.1 The payment method used;
  • 6.5.2.2 Bank or payment gateway processing timelines.

6.5.3 The Company shall not be liable for delays attributable to banks, payment gateways, or financial institutions.

6.6 Partial Refunds and Adjustments

6.6.1 In certain cases, the Company may, at its discretion, offer:

  • 6.6.1.1 Partial refunds; or
  • 6.6.1.2 Promotional credits or adjustments.

6.6.2 Such adjustments shall not constitute an admission of liability and may be subject to usage restrictions or expiry conditions.

6.7 Chargebacks and Payment Disputes

6.7.1 Users agree not to initiate chargebacks or payment disputes without first raising the issue through the Platform’s support mechanisms.

6.7.2 Initiation of unjustified chargebacks may result in:

  • 6.7.2.1 Suspension or termination of the User account;
  • 6.7.2.2 Recovery of amounts and associated costs, to the extent permitted by law.

6.8 Finality of Decisions

6.8.1 Decisions of the Company regarding cancellations, refunds, and adjustments, taken in accordance with the applicable policies, shall be final and binding, subject to applicable law.

6.9 No Waiver

6.9.1 Grant of a refund or adjustment in any instance shall not be construed as a waiver of the Company’s right to deny refunds in future similar circumstances.

6.10 Statutory Rights

6.10.1 Nothing contained in these Terms shall affect the User’s non-waivable statutory rights under applicable consumer protection laws.

7

Delivery, Timelines & User Obligations

7.1 Modes of Delivery

7.1.1 Delivery of food orders placed through the Platform may be carried out:

  • 7.1.1.1 By delivery partners arranged through the Platform; or
  • 7.1.1.2 By the restaurant using its own delivery personnel, as determined by availability and operational feasibility.

7.1.2 The Company does not guarantee a particular mode of delivery for any order.

7.2 Estimated Delivery Timelines

7.2.1 Any delivery time displayed on the Platform is an estimate only and is provided for User convenience.

7.2.2 Delivery estimates are subject to change due to factors including, but not limited to:

  • 7.2.2.1 Restaurant preparation time;
  • 7.2.2.2 Traffic conditions;
  • 7.2.2.3 Weather conditions;
  • 7.2.2.4 Operational constraints;
  • 7.2.2.5 Force majeure events.

7.2.3 The Company does not guarantee delivery within the estimated time and shall not be liable for delays beyond its reasonable control.

7.3 User Availability and Cooperation

7.3.1 Users agree to:

  • 7.3.1.1 Be available at the delivery location at the estimated delivery time;
  • 7.3.1.2 Remain reachable through the contact details provided;
  • 7.3.1.3 Provide reasonable cooperation to facilitate delivery.

7.3.2 Failure by the User to comply with this clause may result in:

  • 7.3.2.1 Cancellation of the order;
  • 7.3.2.2 Non-eligibility for refund or compensation, subject to applicable policy.

7.4 Delivery Address Accuracy

7.4.1 Users are solely responsible for ensuring the accuracy and completeness of the delivery address and location details provided.

7.4.2 The Company shall not be liable for:

  • 7.4.2.1 Failed or delayed delivery due to incorrect or incomplete address details;
  • 7.4.2.2 Additional costs incurred as a result of address errors.

7.5 Failed Delivery

7.5.1 An order may be deemed a failed delivery if:

  • 7.5.1.1 The User is unavailable or unreachable;
  • 7.5.1.2 Delivery is refused without valid reason;
  • 7.5.1.3 The delivery location is inaccessible or unsafe.

7.5.2 In cases of failed delivery:

  • 7.5.2.1 The order may be cancelled; and
  • 7.5.2.2 The User may not be eligible for a refund, subject to the Refund & Cancellation Policy.

7.6 Delivery Instructions

7.6.1 Any special delivery instructions provided by the User shall be for guidance purposes only.

7.6.2 The Company does not guarantee compliance with instructions that are:

  • 7.6.2.1 Unsafe;
  • 7.6.2.2 Unlawful;
  • 7.6.2.3 Operationally infeasible.

7.7 Contactless and Safe Delivery

7.7.1 Where contactless or doorstep delivery options are offered, such delivery shall be deemed complete upon placement of the order at the designated location.

7.7.2 The User assumes responsibility for the order once delivery is marked as completed in accordance with such option.

7.8 Transfer of Risk

7.8.1 Risk in the food order shall pass to the User upon successful delivery at the designated address or location.

7.8.2 The Company shall not be liable for loss, damage, or deterioration of food after delivery is completed.

7.9 No Compensation for Delays

7.9.1 Users acknowledge that delays in delivery do not automatically entitle the User to refunds, compensation, or damages.

7.9.2 Any relief provided in relation to delays shall be strictly governed by the applicable Refund & Cancellation Policy.

7.10 Force Majeure

7.10.1 The Company shall not be liable for failure or delay in delivery caused by events beyond its reasonable control, including but not limited to natural disasters, strikes, governmental actions, or public emergencies.

8

User Conduct, Misuse & Restrictions

8.1 Lawful Use of the Platform

8.1.1 The User agrees to access and use the Platform strictly in accordance with:

  • 8.1.1.1 These Terms;
  • 8.1.1.2 All applicable laws, rules, and regulations in force in India.

8.1.2 The User shall not use the Platform for any purpose that is fraudulent, unlawful, unethical, or otherwise prohibited.

8.2 Prohibited Conduct

8.2.1 Without limitation, Users shall not engage in any of the following activities:

  • 8.2.1.1 Abusive, threatening, harassing, defamatory, obscene, or hateful communication toward restaurants, delivery personnel, support agents, or other Users;
  • 8.2.1.2 Intimidation, coercion, or inappropriate conduct directed at delivery personnel;
  • 8.2.1.3 Placing orders with malicious intent or without the intention to accept delivery;
  • 8.2.1.4 Providing false complaints, fabricating grievances, or manipulating refund mechanisms;
  • 8.2.1.5 Misuse of promotional offers, referral programs, or Platform credits;
  • 8.2.1.6 Creation or operation of multiple accounts for fraudulent gain;
  • 8.2.1.7 Use of bots, scripts, automation, or unauthorized tools to access the Platform;
  • 8.2.1.8 Interfering with Platform operations or attempting to circumvent security protocols.

8.3 Fraud, Deception & Misrepresentation

8.3.1 Any activity that constitutes fraud, impersonation, identity theft, chargeback abuse, or deceptive conduct shall be deemed a material breach of these Terms.

8.3.2 The Company reserves the right to:

  • 8.3.2.1 Suspend or terminate the User’s account;
  • 8.3.2.2 Deny access to promotional benefits;
  • 8.3.2.3 Recover amounts fraudulently obtained;
  • 8.3.2.4 Initiate civil or criminal action where appropriate.

8.4 Interference With Platform Functionality

8.4.1 Users shall not engage in any conduct that may:

  • 8.4.1.1 Disrupt or impair Platform performance;
  • 8.4.1.2 Introduce viruses, malicious code, or harmful agents;
  • 8.4.1.3 Reverse-engineer, decompile, or attempt to extract Platform code;
  • 8.4.1.4 Attempt unauthorized access to systems, accounts, networks, or databases.

8.4.2 Any breach of this clause may result in legal action, including criminal prosecution, under the Information Technology Act, 2000.

8.5 Offensive Behavior Toward Delivery Personnel

8.5.1 Users shall treat delivery personnel with dignity and respect.

8.5.2 Any harassment, physical intimidation, threats, or misconduct directed at delivery personnel may result in:

  • 8.5.2.1 Suspension or permanent termination of the User’s account;
  • 8.5.2.2 Reporting to law enforcement authorities.

8.6 Abuse of Customer Support Channels

8.6.1 Users shall not misuse support channels by:

  • 8.6.1.1 Raising baseless or repetitive complaints;
  • 8.6.1.2 Attempting to pressure support staff for unwarranted benefits;
  • 8.6.1.3 Using threatening or offensive language.

8.6.2 The Company may refuse assistance to Users engaging in such conduct.

8.7 Non-Commercial and Authorized Use Only

8.7.1 The Platform is intended solely for personal, non-commercial use.

8.7.2 Users shall not resell food items, listings, or Platform services for commercial gain.

8.8 Monitoring and Enforcement

8.8.1 The Company reserves the right to monitor User activity on the Platform to detect violations of these Terms.

8.8.2 The Company may, in its sole discretion, initiate any one or more of the following enforcement measures:

  • 8.8.2.1 Warning to the User;
  • 8.8.2.2 Restriction of Platform access;
  • 8.8.2.3 Suspension or termination of the User’s account;
  • 8.8.2.4 Cancellation of pending orders;
  • 8.8.2.5 Recovery of losses or damages;
  • 8.8.2.6 Legal proceedings.

8.9 Cooperation with Authorities

8.9.1 The Company reserves the right to cooperate fully with law enforcement, regulatory bodies, or judicial authorities in the investigation of any violation of law or suspected unlawful activity.

8.9.2 The User expressly waives and releases the Company from any liability arising out of disclosures or actions undertaken pursuant to this clause.

8.10 No Waiver of Enforcement

8.10.1 Failure of the Company to act in respect of a breach of these Terms shall not constitute a waiver of its rights to act in respect of subsequent or similar breaches.

9

Reviews, Ratings & User-Generated Content

9.1 Submission of Reviews and Ratings

9.1.1 The Platform may permit Users to submit reviews, ratings, comments, feedback, photographs, or other content relating to restaurants, food items, delivery, and user experience (“User-Generated Content”).

9.1.2 Submission of User-Generated Content is voluntary and constitutes an irrevocable and unconditional representation that such content:

  • 9.1.2.1 Is based on the User’s own genuine experience;
  • 9.1.2.2 Is accurate to the best of the User’s knowledge;
  • 9.1.2.3 Does not violate any applicable law or third-party rights.

9.2 Prohibited Content

9.2.1 Users shall not submit or publish any User-Generated Content that is:

  • 9.2.1.1 Defamatory, libelous, or factually false;
  • 9.2.1.2 Obscene, vulgar, pornographic, or hateful;
  • 9.2.1.3 Abusive, harassing, threatening, or discriminatory;
  • 9.2.1.4 Promotional, commercial, or advertising in nature;
  • 9.2.1.5 Misleading or intended to manipulate restaurant ratings;
  • 9.2.1.6 Posted in exchange for incentives, gifts, or compensation;
  • 9.2.1.7 Infringing upon intellectual property rights, privacy rights, or publicity rights.

9.3 Intellectual Property Rights

9.3.1 By submitting User-Generated Content, the User grants the Company a worldwide, perpetual, royalty-free, irrevocable, transferable, sublicensable license to:

  • 9.3.1.1 Use, reproduce, publish, display, distribute, modify, or adapt such content for any purpose, including commercial purposes;
  • 9.3.1.2 Share such content with restaurants, partners, or marketing channels.

9.3.2 The User waives any “moral rights” or attribution claims in respect of such content, to the extent permitted by law.

9.4 Responsibility for Content

9.4.1 Users shall remain solely responsible for User-Generated Content submitted by them.

9.4.2 The Company shall not be liable for:

  • 9.4.2.1 Any errors, misrepresentations, or unlawful elements contained within User-Generated Content;
  • 9.4.2.2 Any loss or damage arising from reliance on such content by any third party.

9.4.3 The User agrees to indemnify the Company against all claims arising from:

  • Posted content;
  • Infringement disputes;
  • Defamation claims;
  • Misuse of ratings.

9.5 Moderation and Removal Rights

9.5.1 The Company retains the absolute right, without prior notice or obligation, to:

  • 9.5.1.1 Review, monitor, or screen User-Generated Content;
  • 9.5.1.2 Remove, edit, disable, or restrict access to any content that violates these Terms or applicable law;
  • 9.5.1.3 Suspend or terminate the User’s account for repeated violations.

9.5.2 The Company shall not be required to provide any justification for moderation decisions.

9.6 No Guarantee of Display

9.6.1 Submission of User-Generated Content does not guarantee publication, display, or continued availability on the Platform.

9.6.2 The Company may determine the format, sequencing, prominence, or visibility of content at its discretion.

9.7 Authenticity and Manipulation of Ratings

9.7.1 Users shall not:

  • 9.7.1.1 Post ratings or reviews without having actually experienced the relevant service;
  • 9.7.1.2 Create multiple accounts to inflate or deflate ratings;
  • 9.7.1.3 Coordinate, incentivize, or solicit reviews from third parties.

9.7.2 The Company may remove ratings suspected of manipulation or fraud.

9.8 Defamation Liability

9.8.1 Users acknowledge that defamation under Indian law constitutes a civil and criminal offence.

9.8.2 The Company reserves the right to:

  • 9.8.2.1 Disclose User information to aggrieved parties or authorities;
  • 9.8.2.2 Assist in legal proceedings against the User;
  • 9.8.2.3 Pursue legal remedies for reputational damage to the Platform.

9.9 Third-Party Rights

9.9.1 Restaurants and delivery partners may rely upon User-Generated Content for service improvement.

9.9.2 The User shall not assert any claim against the Company for distribution, reliance, or commercial usage of such content.

9.10 Survival

9.10.1 Rights granted to the Company under this Section shall survive termination of the User account or discontinuation of Platform usage.

10

Intellectual Property & Platform Ownership

10.1 Ownership of Intellectual Property

10.1.1 All rights, title, and interest in and to the Platform, including without limitation:

  • Source code, object code, software, scripts
  • Design, layout, user interface, look and feel
  • Text, graphics, images, logos, icons
  • Databases, compilations, data arrangement
  • Audio-visual content and proprietary features

are owned by or lawfully licensed to TOWEB TECHNOLOGY PRIVATE LIMITED (“Company”).

10.1.2 The User acknowledges that such intellectual property is protected under applicable copyright, trademark, design, patent, database protection, and trade secret laws in India and internationally.

10.2 Trademarks and Brand Assets

10.2.1 All trademarks, trade names, service marks, logos, slogans, domain names, brand identifiers and proprietary marks appearing on the Platform (“Marks”) are the exclusive property of the Company or its licensors.

10.2.2 Users are strictly prohibited from:

  • 10.2.2.1 Copying, imitating, or using the Marks;
  • 10.2.2.2 Registering identical or confusingly similar marks;
  • 10.2.2.3 Claiming any association or endorsement;
  • 10.2.2.4 Using Marks for advertising, promotion, domain registration, or metadata.

10.2.3 Unauthorized use of Marks shall constitute infringement and may result in civil and criminal liability.

10.3 Limited Licence to Access the Platform

10.3.1 Subject to compliance with these Terms, the User is granted a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to:

  • 10.3.1.1 Access and use the Platform for personal and non-commercial purposes;
  • 10.3.1.2 View content made available through the Platform.

10.3.2 No rights are granted to the User other than those expressly stated herein.

10.4 Restrictions on Use

10.4.1 Without limitation, the User shall not:

  • 10.4.1.1 Copy, reproduce, republish, mirror, distribute, or create derivative works;
  • 10.4.1.2 Decompile, reverse engineer, or attempt to extract source code;
  • 10.4.1.3 Remove or obscure copyright, trademark, or proprietary notices;
  • 10.4.1.4 Use crawlers, robots, scraping tools, or data mining technologies;
  • 10.4.1.5 Cache or store Platform content for commercial usage;
  • 10.4.1.6 Use the Platform for research or competitive benchmarking;
  • 10.4.1.7 Incorporate Platform content into AI or training datasets;
  • 10.4.1.8 Replicate Platform structure or user experience for competing services.

10.4.2 Any conduct that circumvents Platform security measures shall constitute a material breach.

10.5 No Rights to Software

10.5.1 Nothing in these Terms grants the User any rights in the Platform’s software, APIs, backend systems, data models, or proprietary algorithms.

10.5.2 All such rights are expressly reserved by the Company.

10.6 Feedback and Suggestions

10.6.1 Any feedback, suggestions, ideas, or improvements (“Feedback”) shall:

  • 10.6.1.1 Become the exclusive property of the Company;
  • 10.6.1.2 Not entitle the User to any compensation or ownership;
  • 10.6.1.3 Be freely used by the Company for any purpose.

10.6.2 The User expressly waives any moral rights associated with such Feedback.

10.7 Reservation of Rights

10.7.1 All rights not expressly granted are reserved by the Company.

10.7.2 No licence shall be deemed granted by implication or estoppel.

10.8 Enforcement and Remedies

10.8.1 Unauthorized use may result in:

  • 10.8.1.1 Suspension or termination of access;
  • 10.8.1.2 Monetary claims for damages;
  • 10.8.1.3 Injunctive relief;
  • 10.8.1.4 Civil and/or criminal proceedings.

10.8.2 The User shall indemnify the Company against all losses arising from breach of this Section.

10.9 Survival

10.9.1 The rights and restrictions in this Section shall survive termination of the User account or cessation of Platform access.

11

Privacy, Data Protection & Consent

11.1 Acknowledgment of Privacy Policy

11.1.1 The User acknowledges that the Company shall collect, store, process, transfer, and disclose personal data and sensitive personal data in accordance with its Privacy Policy, which is incorporated by reference into these Terms.

11.1.2 By accessing or using the Platform, the User expressly consents to the collection, use, disclosure, and processing of personal information as set out in the Privacy Policy, subject to applicable law.

11.2 Scope of Data Handling

11.2.1 Personal information collected by the Company may include, without limitation:

  • Contact information
  • Location or delivery address
  • Order history and preferences
  • Payment-related identifiers (handled by third-party gateways)
  • Device and network information

11.2.2 The Company may handle personal information for purposes including:

  • Account creation and verification
  • Order placement, fulfillment, and delivery coordination
  • Customer support and dispute resolution
  • Fraud detection and abuse prevention
  • Compliance with legal or regulatory requirements

11.3 Third-Party Access and Sharing

11.3.1 The User acknowledges that, for the purposes of service delivery, personal information may be shared with:

  • 11.3.1.1 Restaurants fulfilling orders;
  • 11.3.1.2 Delivery personnel;
  • 11.3.1.3 Payment aggregators, banks, or financial intermediaries;
  • 11.3.1.4 Technical service providers or support vendors.

11.3.2 The Company shall not be responsible for misuse or unauthorized disclosure by independent third parties beyond its reasonable control.

11.4 Compliance with Data Protection Law

11.4.1 The Company shall implement reasonable security practices and procedures as required under the Information Technology Act, 2000, and the relevant Rules thereunder, to safeguard User data.

11.4.2 The Company does not guarantee absolute security of personal data and shall not be liable for security breaches beyond its reasonable control, including breaches arising from third-party platforms or intermediaries.

11.5 User Rights and Consents

11.5.1 The User may exercise rights relating to access, review, or correction of personal information strictly in accordance with the procedures set out in the Privacy Policy.

11.5.2 Withdrawal of consent may result in:

  • Restriction of Platform access; or
  • Termination of the User account, since continued use requires ongoing consent for data handling.

11.6 Communications and Notices

11.6.1 By using the Platform, the User consents to receive communications from the Company, including:

  • Transactional messages
  • Order status and delivery alerts
  • Service notices
  • Policy updates

11.6.2 Users may opt out of marketing communications in accordance with the instructions contained therein, without affecting transactional communications.

11.7 Cookies & Tracking Technologies

11.7.1 The User acknowledges that the Platform may utilize cookies, tags, SDKs, APIs, or similar technologies for performance, analytics, personalization, or advertising.

11.7.2 Use of such technologies shall be governed by the Privacy Policy.

11.8 Retention and Deletion

11.8.1 Data may be retained for the duration necessary to:

  • Provide services
  • Comply with legal obligations
  • Maintain transaction records
  • Prevent fraud or abuse

11.8.2 Upon account termination or deletion requests, personal data may continue to be retained where legally required.

11.9 Grievance Redressal for Data Matters

11.9.1 Users having data-related concerns shall contact the Grievance Officer designated in the Privacy Policy.

11.9.2 Response timelines and resolution processes shall comply with applicable law.

11.10 Prevalence of Privacy Policy

11.10.1 In the event of conflict between these Terms and the Privacy Policy concerning data handling, the Privacy Policy shall prevail.

11.11 Non-Limitation of Statutory Rights

11.11.1 Nothing under this Section affects User rights available under mandatory applicable law relating to personal data.

12

Suspension, Termination & Consequences

12.1 Right to Suspend or Restrict Access

12.1.1 The Company may, at its sole discretion and without prior notice, restrict, suspend, or limit User access to the Platform, in whole or in part, for any reason including, without limitation:

  • 12.1.1.1 Violation or suspected violation of these Terms;
  • 12.1.1.2 Fraudulent, abusive, or unlawful activity;
  • 12.1.1.3 Misuse of offers, credits, promotions, or referral benefits;
  • 12.1.1.4 Submission of false complaints or chargeback abuse;
  • 12.1.1.5 Threats, harassment, or misconduct toward delivery personnel or support staff;
  • 12.1.1.6 Technical, security, or operational concerns;
  • 12.1.1.7 Directions from law enforcement or regulatory authorities.

12.1.2 Suspension may be temporary or indefinite, at the Company’s discretion.

12.2 Termination of User Access

12.2.1 The Company may, at its sole discretion, terminate a User account and permanently bar Platform access where:

  • 12.2.1.1 Repeated violations of these Terms occur;
  • 12.2.1.2 Serious fraud, identity manipulation, or criminal conduct is detected;
  • 12.2.1.3 The User engages in activity compromising Platform integrity or safety;
  • 12.2.1.4 Registration details are false, impersonated, or misleading;
  • 12.2.1.5 Required by law, court orders, or regulatory directives.

12.2.2 Upon termination, the User’s licence to access and use the Platform shall immediately cease.

12.3 Effect of Suspension or Termination

12.3.1 Suspension or termination may result in:

  • 12.3.1.1 Cancellation of pending orders;
  • 12.3.1.2 Denial of access to payment methods;
  • 12.3.1.3 Loss of promotional benefits, wallet credits, or offers;
  • 12.3.1.4 Restriction from re-registration using the same or alternate credentials.

12.3.2 The User shall not be entitled to any compensation, damages, or losses arising from such suspension or termination.

12.4 Continuing Obligations

12.4.1 Suspension or termination shall not affect:

  • 12.4.1.1 Completed transactions;
  • 12.4.1.2 Outstanding payment obligations;
  • 12.4.1.3 Legal liabilities incurred prior to termination.

12.4.2 Any indemnities, limitations of liability, and rights granted to the Company shall survive termination.

12.5 No Right to Reinstatement

12.5.1 The User acknowledges that Platform access is privilege-based, not a legal entitlement.

12.5.2 The Company is under no obligation to reinstate a suspended or terminated account.

12.5.3 Any reinstatement, if considered, shall be subject to verification and conditions prescribed by the Company.

12.6 Fraud Prevention and Recovery

12.6.1 Where fraudulent conduct results in financial loss to the Company, the Company reserves the right to:

  • 12.6.1.1 Recover such amounts;
  • 12.6.1.2 Initiate civil recovery proceedings;
  • 12.6.1.3 File criminal complaints with authorities.

12.7 Regulatory and Law Enforcement Cooperation

12.7.1 The Company may disclose User data or activities to law enforcement agencies for purposes including investigation, prosecution, or compliance, without prior notice to the User.

12.8 No Waiver of Rights

12.8.1 Failure by the Company to act in respect of a breach of these Terms shall not constitute a waiver of its rights to act in respect of subsequent or similar breaches.

13

Disclaimers of Warranties

13.1 “As Is” and “As Available” Basis of Service

13.1.1 The Platform, and all services, features, content, data, and information made available through it, are provided on an “as is,” “as available,” and “with all faults” basis, without warranties of any kind, whether express, implied, statutory, or otherwise.

13.1.2 The Company expressly disclaims all warranties, representations, guarantees, and conditions, including but not limited to implied warranties of:

  • Merchantability;
  • Fitness for a particular purpose;
  • Accuracy;
  • Reliability;
  • Quality;
  • Non-infringement;
  • Service continuity.

13.2 No Warranty on Platform Performance

13.2.1 The Company does not warrant that:

  • 13.2.1.1 The Platform will operate uninterrupted or error-free;
  • 13.2.1.2 Defects or errors will be corrected;
  • 13.2.1.3 The Platform or servers are free from viruses, malware, downtime, or harmful components;
  • 13.2.1.4 Data transmitted through the Platform will be secure or free from interception, corruption, or loss.

13.3 No Warranty on Restaurant Services

13.3.1 The Company does not warrant or guarantee:

  • 13.3.1.1 Quality, safety, taste, hygiene, preparation, ingredients, allergen compliance, nutritional value, or suitability of food;
  • 13.3.1.2 Legality, licensing, statutory compliance, or FSSAI certification of restaurants;
  • 13.3.1.3 Delivery timelines, performance, or conduct of delivery personnel;
  • 13.3.1.4 Accuracy of menu information or pricing supplied by restaurants.

13.3.2 All such obligations rest exclusively with the respective restaurants.

13.4 No Warranty on Content

13.4.1 The Company does not warrant that content displayed, including reviews, ratings, images, descriptions, and promotional materials, is accurate, complete, reliable, current, or error-free.

13.4.2 Any reliance placed by Users on such content shall be at their own risk.

13.5 No Advice or Representation

13.5.1 The Platform does not constitute:

  • Professional advice;
  • Nutritional guidance;
  • Medical recommendation;
  • Any warranty of suitability for individuals with allergies or dietary restrictions.

13.5.2 Users are solely responsible for reviewing allergen details and exercising due caution.

13.6 Third-Party Services

13.6.1 The Platform may incorporate or facilitate third-party systems, including:

  • Payment gateways;
  • Mapping and location data;
  • SMS/OTP services;
  • Logistics systems.

13.6.2 The Company makes no warranties regarding such third-party systems and assumes no liability arising therefrom.

13.7 No Creation of Rights

13.7.1 Nothing on the Platform shall be construed as:

  • A guarantee of service quality;
  • A right to uninterrupted access;
  • A contractual undertaking to meet User expectations.

13.7.2 Users acknowledge that Platform use is voluntary and subject to these limitations.

13.8 Exclusions Permitted by Law

13.8.1 To the maximum extent permitted by law, all implied warranties and statutory guarantees not expressly set forth herein are excluded.

13.8.2 Nothing herein shall exclude any warranty or right that cannot be legally disclaimed under applicable consumer protection law.

14

Limitation of Liability

14.1 Exclusion of Indirect Damages

14.1.1 To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages, including but not limited to:

  • Loss of profits;
  • Loss of goodwill;
  • Loss of business opportunity;
  • Loss of anticipated benefits;
  • Data loss or corruption;
  • Business interruption;
  • Emotional distress or inconvenience.

14.2 No Liability for Restaurant or Delivery Conduct

14.2.1 The Company shall not be liable for any act, omission, negligence, misconduct, deficiency, non-compliance, or breach of obligation by:

  • 14.2.1.1 Restaurants;
  • 14.2.1.2 Delivery personnel (whether arranged by the Company or restaurants);
  • 14.2.1.3 Third-party service providers;
  • 14.2.1.4 Payment intermediaries.

14.2.2 Responsibility for food preparation, hygiene, safety, ingredients, allergens, statutory compliance, and service quality rests exclusively with the restaurant.

14.3 No Liability for Food-Related Harm

14.3.1 The Company shall not be liable for:

  • Food poisoning;
  • Allergic reactions;
  • Contamination;
  • Foreign particles;
  • Incorrect items or portion sizes;
  • Temperature or taste dissatisfaction.

14.3.2 All such claims must be directed to the responsible restaurant.

14.4 Delivery-Related Disclaimer

14.4.1 The Company shall not be liable for:

  • Delays in delivery;
  • Failed delivery due to User unavailability;
  • Conduct or behavior of delivery personnel;
  • Theft, damage, or consumption after delivery completion.

14.5 System, Network, and Technical Failures

14.5.1 The Company shall not be liable for:

  • Service outages;
  • Server downtime;
  • Network unavailability;
  • Payment gateway errors;
  • SMS/OTP delivery failures.

14.5.2 Users acknowledge that digital services involve inherent technical risks.

14.6 Maximum Aggregate Liability

14.6.1 To the fullest extent permitted by law, the maximum aggregate liability of the Company, arising out of or relating to any order, shall not exceed:

  • The total amount paid by the User for such order; or
  • INR 1,000 (Rupees One Thousand only), whichever is lower.

14.6.2 This limitation shall apply regardless of:

  • The nature of the claim (contract, tort, negligence, equity);
  • The number of claims raised;
  • Whether damages were foreseeable.

14.7 Allocation of Risk

14.7.1 The limitations set out in this Section form a fundamental basis of the bargain between the User and the Company.

14.7.2 Without such limitations, the Platform would not be commercially feasible.

14.8 Non-Excludable Rights

14.8.1 Nothing contained in this Section shall exclude liability where exclusion is not permitted under mandatory consumer protection law.

14.8.2 In such cases, liability shall be limited to the minimum extent permitted by law.

15

Governing Law, Jurisdiction & Dispute Resolution

15.1 Governing Law

15.1.1 These Terms, and any dispute arising out of or in connection with the use of the Platform, shall be governed by and construed in accordance with the laws of India, without regard to conflict-of-law principles.

15.2 Exclusive Jurisdiction

15.2.1 Subject to Clause 15.3 (Arbitration), the courts situated in [City/State to be designated by the Company, e.g., Delhi, Maharashtra, Karnataka] shall have exclusive jurisdiction over all disputes, claims, suits, actions, or proceedings arising out of or relating to:

  • The Platform;
  • These Terms;
  • Any order placed;
  • Any interaction or transaction with the Company.

15.2.2 Users expressly waive any right to bring proceedings in any other jurisdiction.

15.3 Arbitration Agreement

15.3.1 Any dispute, controversy, or claim arising out of or relating to these Terms, including issues relating to validity, breach, interpretation, or termination, shall be referred to binding arbitration.

15.3.2 The arbitration shall be conducted:

  • 15.3.2.1 In accordance with the Arbitration and Conciliation Act, 1996;
  • 15.3.2.2 By a sole arbitrator appointed by the Company;
  • 15.3.2.3 In English language;
  • 15.3.2.4 At a seat and venue designated by the Company.

15.3.3 The arbitral award shall be final and binding on the parties and enforceable as a decree of court.

15.4 Individual Proceedings Only

15.4.1 Users agree that disputes shall be resolved only on an individual basis.

15.4.2 Users waive any right to:

  • Class actions;
  • Group litigation;
  • Consolidated proceedings;
  • Public interest litigation in respect of Platform use.

15.5 Good-Faith Negotiation

15.5.1 Prior to initiating arbitration or litigation, Users shall undertake a good-faith attempt to resolve the dispute by contacting the Company through designated customer support or grievance channels.

15.5.2 Failure to engage in such pre-dispute resolution may result in rejection of claims for costs or relief.

15.6 Limitation Period

15.6.1 Any claim against the Company must be brought within 6 (six) months from the date on which the cause of action arose.

15.6.2 Claims filed after the limitation period shall be deemed permanently barred.

15.7 Continued Performance

15.7.1 During the pendency of any dispute, Users shall not withhold payments, delay obligations, or disrupt Platform usage, except as directed under law.

15.8 Injunctive Relief

15.8.1 The Company shall be entitled to seek interim or permanent injunctive relief, equitable remedies, or specific performance from competent courts in respect of:

  • Intellectual property violations;
  • Platform misuse;
  • Data-security breaches;
  • Fraud or unlawful conduct.

15.8.2 This right exists notwithstanding the arbitration agreement.

15.9 No Trial by Jury, Foreign Law, or Defense

15.9.1 Users waive any right to trial by jury or analogous adjudication, to the extent permitted by Indian law.

15.9.2 Users agree not to invoke foreign laws, foreign jurisdictions, or international dispute doctrines.

15.10 Costs of Proceedings

15.10.1 In any dispute, arbitration, or legal proceeding, each party shall bear its own costs and expenses, unless otherwise awarded by the arbitrator or court.

16

Miscellaneous Provisions

16.1 Entire Agreement

16.1.1 These Terms, together with the Privacy Policy, Refund & Cancellation Policy, and any additional policies or notices referenced herein, constitute the entire agreement between the User and the Company with respect to Platform usage.

16.1.2 All prior understandings, representations, negotiations, or arrangements, whether oral or written, are hereby superseded.

16.2 Severability

16.2.1 If any provision of these Terms is held to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision shall be severed from the Terms.

16.2.2 The remaining provisions shall continue in full force and effect.

16.3 No Agency or Partnership

16.3.1 Nothing contained in these Terms shall be construed to create:

  • A partnership;
  • Joint venture;
  • Agency relationship;
  • Employer–employee relationship between the User and the Company.

16.3.2 Restaurants and delivery personnel are independent third parties and are not agents, representatives, or employees of the Company.

16.4 Assignment

16.4.1 The Company may assign, transfer, or subcontract its rights or obligations under these Terms to any third party, affiliate, successor entity, or acquirer, without prior notice.

16.4.2 Users shall not assign or transfer their rights or obligations under these Terms without the express written consent of the Company.

16.5 Notices and Communication

16.5.1 All formal notices to the Company must be issued in writing to the address specified on the Platform or communicated via designated email addresses.

16.5.2 Notices to Users may be delivered via:

  • Email;
  • SMS;
  • In-app notification;
  • Public posting on the Platform.

16.5.3 Such communication shall be deemed sufficient and effective upon transmission.

16.6 Interpretation

16.6.1 Headings and sub-headings are inserted for convenience only and shall not affect the interpretation of these Terms.

16.6.2 Words importing the singular include the plural and vice versa.

16.7 No Third-Party Rights

16.7.1 Except as expressly stated herein, nothing in these Terms shall confer any right, benefit, or remedy upon any person other than the User and the Company.

16.8 Survival

16.8.1 Provisions relating to:

  • Intellectual Property;
  • Indemnification;
  • Limitation of Liability;
  • Arbitration;
  • Governing Law;
  • Data Protection;
  • Enforcement Rights;

shall survive termination of the User’s account and continued non-use of the Platform.

16.9 Force Majeure

16.9.1 The Company shall not be responsible for failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to:

  • Acts of God;
  • Natural calamities;
  • War or terrorism;
  • Government restrictions;
  • Epidemics or pandemics;
  • Strikes or labour issues;
  • Infrastructure breakdowns.

16.10 Non-Waiver

16.10.1 No failure or delay by the Company in enforcing any right, remedy, or provision of these Terms shall constitute a waiver of such rights.

16.11 Language

16.11.1 These Terms are drafted in the English language, which shall prevail in interpretation.

17

Amendments, Updates & Modifications

17.1 Right to Modify Terms

17.1.1 The Company reserves the absolute and unrestricted right, at its sole discretion, to amend, modify, supplement, substitute, suspend, or update these Terms (in whole or in part) at any time and for any reason, including but not limited to:

  • Operational changes;
  • Business requirements;
  • Legal compliance;
  • Security considerations;
  • Policy restructuring.

17.2 Mode of Notification

17.2.1 Any modification to these Terms may be communicated by one or more of the following:

  • Posting revised Terms on the Platform;
  • Updating in-app notifications;
  • Email or SMS alerts;
  • Public announcements.

17.2.2 Such communication shall be deemed to constitute sufficient notice, and no individualized notification shall be required.

17.3 Binding Effect of Updated Terms

17.3.1 Continued access or use of the Platform following any modification shall constitute:

  • Acceptance of the revised Terms; and
  • A binding agreement to comply with the revised provisions.

17.3.2 Users who do not agree with the updated Terms must immediately discontinue use of the Platform.

17.4 No Requirement of Consent

17.4.1 Amendments to these Terms shall not require User consent, approval, signature, or acknowledgment.

17.4.2 Users expressly waive any right to claim:

  • Lack of notice;
  • Lack of negotiation;
  • Procedural invalidity of updates.

17.5 Version Control & Records

17.5.1 The Company may maintain version histories or timestamps for administrative purposes; however, it shall not be obligated to provide archived versions to Users.

17.5.2 Electronic records of amendments shall constitute valid legal evidence of updates.

17.6 Policy Hierarchy

17.6.1 In case of inconsistency between:

  • Updated Terms;
  • Other policies;
  • Older versions,

the most recently published version shall prevail.

17.7 Continued Enforcement

17.7.1 Amendments shall not affect:

  • Prior transactions lawfully entered into;
  • Outstanding obligations of Users;
  • Rights and remedies accrued to the Company.
18

Contact Details & Grievance Officer

18.1 Designated Grievance Officer

18.1.1 In accordance with the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Company shall appoint a Grievance Officer to address complaints and concerns relating to:

  • Platform usage;
  • Violations of these Terms;
  • Data or privacy concerns;
  • Content-related issues;
  • User protection matters governed under applicable law.

18.1.2 The name and contact details of the Grievance Officer shall be published on the Platform and may be updated from time to time.

18.2 Complaint Submission

18.2.1 All complaints or grievances submitted to the Grievance Officer shall:

  • 18.2.1.1 Be in writing;
  • 18.2.1.2 Include the complainant’s full name and contact information;
  • 18.2.1.3 Clearly describe the nature of the complaint and supporting information;
  • 18.2.1.4 Include relevant transaction or order identifiers, if applicable.

18.2.2 Complaints lacking adequate information may be rejected or returned for clarification.

18.3 Acknowledgment and Resolution Timelines

18.3.1 The Grievance Officer shall acknowledge receipt of a complaint within 24 (twenty-four) hours, or within such other period prescribed under applicable law.

18.3.2 The Company shall endeavour to resolve the complaint within 15 (fifteen) days from the date of receipt, or within such time as mandated by law.

18.4 Escalation and Legal Remedies

18.4.1 The Grievance Officer’s response shall not prejudice any statutory remedy available to the User under applicable law.

18.4.2 Users agree to first exhaust the grievance redressal mechanism prior to initiating legal or regulatory escalation.

18.5 Contact Information

18.5.1 General operational, transactional, or support inquiries shall be directed to the Company through:

  • In-app support channels;
  • Customer care contact points; or
  • Email addresses specified on the Platform.

18.5.2 The Company may modify or replace its support channels without prior notice.

18.6 Corporate Identification

18.6.1 The Platform is operated by:

TOWEB TECHNOLOGY PRIVATE LIMITED
Registered Office Address: 2 FLR Gateway B Building, 67th Milestone NH8, Bhorakalan, Gurugram, Haryana - 122413
Corporate Address: Alt.f coworking - Orchid Business Park, Badshahpur Sohna Rd, Near Subhash Chowk, Central Park II, Sector 48, Gurugram, Haryana 122003.
Email: contact@ustart.in
Contact Number: +91 78272 34027

18.6.2 The Company may update its contact particulars without prior notice, provided such updates are published on the Platform.

18.7 Law Enforcement Cooperation

18.7.1 The Company and the Grievance Officer may cooperate with governmental authorities, regulatory agencies, or law enforcement bodies for:

  • Investigation of offences;
  • Protection of User safety;
  • Compliance with statutory directions.

18.7.2 Users expressly authorize such cooperation where required by law.