MENU.IND.IN
LEGAL SAAS MERCHANT & USER AGREEMENT

Terms of Service

Governing Law: Indian Contract Act, 1872•IT Act, 2000 Section 79 Intermediary Safe Harbor•Jurisdiction: New Delhi, India

Please read these Terms of Service (“Terms”, “Agreement”) carefully before accessing or using the digital menu, ordering, kitchen display, and restaurant operating services provided by MENU.IND.IN (“Company”, “Platform”, “We”, “Us”). By accessing our website, creating a merchant account, deploying a subdomain, scanning a table QR code, or submitting a food order, you express your unconditional assent to be bound by these Terms.

Summary of Key Commercial Terms

• 0% Commission Guarantee: MENU.IND.IN charges zero percent commission on food sales. Revenue from your diners belongs 100% to you.

• Intermediary Platform Status: MENU.IND.IN is a technology software provider, not a food preparation or restaurant establishment. Participating restaurants are solely responsible for food preparation, hygiene, pricing, FSSAI compliance, and GST filing.

• Direct Payments: Online customer payments settle directly into the restaurant's commercial bank account through authorized payment aggregators (e.g. Razorpay, PhonePe).

1. Acceptance of Terms & Legal Capacity

By registering for an account or utilizing the Platform, you represent and warrant that you are a natural person of at least eighteen (18) years of age, competent to contract under the Indian Contract Act, 1872, and possessing full legal authority to bind yourself or the legal business entity (proprietorship, partnership, LLP, or private limited company) you represent to these Terms. If you do not agree with any provision, you must immediately cease accessing the Platform.

2. Scope of SaaS Services Provided

MENU.IND.IN provides a cloud-hosted software-as-a-service suite encompassing:

  • Automated multi-tenant restaurant subdomain provisioning ([slug].menu.ind.in).
  • Digital QR Code Studio for generating high-resolution vector and raster QR codes embedded with table tokens.
  • Mobile-first customer menu interface equipped with 10 visual theme variants, diet filtering (Veg/Non-Veg), live item search, and digital shopping cart.
  • Real-Time Kitchen Display System (KDS) utilizing Server-Sent Events (SSE) for sub-second ticket transmission, audio alerts, and prep timers.
  • Thermal receipt and Kitchen Order Token (KOT) printing formatted for 58mm and 80mm ESC/POS hardware.
  • Operating hours schedule manager, holiday calendar, and real-time menu live status controls.

3. Intermediary Status & Section 79 Safe Harbor

In accordance with Section 79 of the Information Technology Act, 2000, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, MENU.IND.IN acts purely as an “Intermediary” providing digital communications infrastructure. We do not initiate the transmission, select the receiver of the transmission, or select or modify the information contained in the transmission.

The culinary items, photographs, ingredients, allergen warnings, prices, discounts, and availability statuses presented on any restaurant's digital menu are uploaded and maintained solely by the respective Restaurant Partner. MENU.IND.IN assumes zero editorial control or liability regarding the accuracy, legality, or culinary quality of such menu content.

4. Restaurant Partner Warranties & FSSAI Compliance

Every restaurant operator subscribing to MENU.IND.IN covenants, warrants, and agrees that:

  • FSSAI Registration: It holds a valid and active Food Safety and Standards Authority of India (FSSAI) license/registration as mandated under the Food Safety and Standards Act, 2006, and complies with all prescribed sanitary and hygiene requirements.
  • Menu Truth in Advertising: Food descriptions, dietary indicators (specifically Green Veg dot vs. Red Non-Veg triangle), prices, taxes, and service fees published on its digital menu are true, accurate, and not misleading under the Consumer Protection Act, 2019.
  • Taxation & GST: It is solely responsible for computing, collecting, reporting, and remitting all applicable Goods and Services Tax (GST) to the central and state commercial tax authorities.
  • Order Fulfillment: It shall promptly accept or reject guest dine-in or takeaway orders and prepare food in accordance with professional hospitality standards.

5. Dining Customer Terms & Non-Repudiation of Orders

Guests and diners ordering through MENU.IND.IN acknowledge and agree that:

  • Binding Orders: Placing a food order through a table QR card constitutes a binding purchase offer to the respective restaurant. Once accepted by the kitchen, the order cannot be unilaterally canceled without the restaurant manager's consent.
  • Table Token Integrity: Guests agree to scan the QR code affixed to their specific seating table. Placing orders using another table's code is strictly prohibited.
  • Food Quality Complaints: Complaints regarding food taste, temperature, portion sizes, preparation delays, or allergen reactions must be directed exclusively to the restaurant management on premises.

6. Subscription Pricing, Billing & 0% Commission

MENU.IND.IN offers its software under tiered subscription packages (Starter Free, Pro Growth, and VIP Enterprise). Subscription fees are billed in advance on a recurring monthly or annual basis in Indian Rupees (INR) via supported payment gateways.

The 0% Commission Guarantee: Under no circumstances will MENU.IND.IN deduct or charge a percentage commission on food and beverage revenue processed through the restaurant's digital menu. Software subscription fees are completely decoupled from food order volumes.

7. Intellectual Property & Tenant Branding Rights

The MENU.IND.IN platform, source code, visual UI layouts, database architecture, domain name, logos, and documentation are the exclusive intellectual property of MENU.IND.IN SaaS Technologies, protected under the Indian Copyright Act, 1957, and Trademark Act, 1999.

Restaurant Partners retain full ownership of their restaurant trade names, trademarks, menu text, and uploaded food photographs. By uploading assets to the Platform, the restaurant grants us a limited, worldwide, royalty-free license solely for hosting and displaying the menu on its assigned subdomain.

8. Prohibited Conduct

Users and Restaurant Partners shall not engage in any of the following activities:

  • Reverse engineering, decompiling, or attempting to derive source code from the Platform.
  • Publishing defamatory, obscene, infringing, or unlawful content on digital menu cards.
  • Circumventing platform security controls, table token hashes, or GPS geofencing radius checks.
  • Launching automated scrapers, web spiders, or denial-of-service (DDoS) traffic attacks against our servers.

9. Limitation of Liability & Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE INDIAN LAW, THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. MENU.IND.IN EXPRESSLY DISCLAIMS LIABILITY FOR: (A) FOOD CONTAMINATION, ALLERGIC REACTIONS, OR ILLNESS CAUSED BY FOOD CONSUMED AT PARTNER RESTAURANTS; (B) TRANSACTION FAILURES OR DELAYS RESULTING FROM DOWNTIME AT THIRD-PARTY PAYMENT AGGREGATORS (RAZORPAY/PHONEPE) OR UPI BANKING NETWORKS; (C) LOSS OF PROFITS OR INDIRECT DAMAGES ARISING OUT OF TEMPORARY INTERNET DISRUPTIONS.

IN ALL CIRCUMSTANCES, THE MAXIMUM AGGREGATE LIABILITY OF MENU.IND.IN TO ANY USER OR RESTAURANT FOR ANY CLAIM SHALL NOT EXCEED THE TOTAL SUBSCRIPTION FEES PAID BY THE USER TO US DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

10. Governing Law & Dispute Resolution

These Terms shall be governed by, construed, and enforced in accordance with the substantive laws of the Republic of India. Any controversy, claim, or dispute arising out of or relating to these Terms shall be referred to arbitration before a sole arbitrator appointed mutually by the parties under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be New Delhi, India, and proceedings shall be conducted in English.

Subject to arbitration, the courts of competent jurisdiction situated in New Delhi, Republic of India shall have exclusive jurisdiction over any legal proceedings.

11. Grievance Redressal & Nodal Contact

For grievances or legal inquiries, contact our designated Grievance Officer at grievance@menu.ind.in or visit our corporate office at Inner Circle, Connaught Place, New Delhi, Delhi 110001, India.