Disclaimer

Harkara AI Private Limited | Jaipur, Rajasthan, India | team@harkara-ai.in | www.harkara.in / www.harkara-ai.in

1. General Disclaimer

1.1 This Disclaimer applies to all information, content, services, and materials made available through the Harkara platform at www.harkara.in / www.harkara-ai.in (“Platform”), operated by Harkara AI Private Limited (“Company”, “We”, “Us”, “Our”). This Disclaimer should be read in conjunction with Our Terms of Service and Privacy Policy.

1.2 The information and content on the Platform are provided for general informational and convenience purposes only. While We make reasonable efforts to ensure accuracy, We make no representations, warranties, or guarantees — express, implied, or statutory — as to the accuracy, completeness, reliability, timeliness, fitness for purpose, or non-infringement of any content on the Platform.

1.3 Your reliance on any information provided through the Platform is solely at Your own risk. The Company expressly disclaims all liability for any action taken or not taken in reliance on information provided on the Platform, to the fullest extent permitted under Applicable Law.

2. Technology Intermediary Status Disclaimer

2.1 Harkara AI Private Limited is a technology intermediary and digital marketplace platform as defined under Section 79 of the Information Technology Act 2000, read with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021. The Company provides technology infrastructure that facilitates connections between Users and Restaurant Partners.

2.2 THE COMPANY IS NOT A RESTAURANT, FOOD BUSINESS, CATERER, OR FOOD SERVICE OPERATOR. The Company does not prepare, cook, assemble, package, store, serve, or deliver any food or beverages at any stage of the food supply process.

2.3 The Company acts exclusively as a passive conduit between Users and Restaurant Partners and is not a party to any transaction between them with respect to the supply of food and beverages. All contractual rights and obligations in relation to food quality, hygiene, preparation, fulfilment, and safety rest exclusively between the User and the relevant Restaurant Partner.

2.4 The Company’s role as a technology intermediary entitles it to the safe harbour protections available under Section 79 of the Information Technology Act 2000, subject to compliance with applicable due diligence obligations.

3. Food Safety and Quality Disclaimer

3.1 All Restaurant Partners listed on the Platform are independent businesses that operate independently of the Company. Each Restaurant Partner bears sole and exclusive responsibility for:

• compliance with the Food Safety and Standards Act 2006 and all regulations, guidelines, and orders issued by the Food Safety and Standards Authority of India (FSSAI) thereunder.
• maintaining valid FSSAI licences and registrations, as applicable.
• the quality, safety, freshness, and hygiene of all food and beverages prepared and served.
• accurate labelling of allergens, dietary information, and ingredient content.
• maintaining appropriate kitchen hygiene, sanitation, and food storage standards.
• compliance with all local municipal and health regulations applicable to food businesses.

3.2 The Company does not inspect, certify, audit, or independently verify the food safety, hygiene, or quality standards of Restaurant Partners. Restaurant ratings, hygiene indicators, and transparency signals displayed on the Platform are based solely on information provided by Restaurant Partners and/or User feedback and do not constitute an endorsement, verification, or certification by the Company.

3.3 Users with food allergies, intolerances, specific dietary requirements, or underlying health conditions are strongly advised to contact the relevant Restaurant Partner directly prior to placing an Order to verify the suitability of menu items for their individual needs. The Company is not liable for any harm, injury, or adverse health consequences arising from failure to do so.

4. Artificial Intelligence Generated Content Disclaimer

4.1 The Platform deploys the Google Gemini API (a large language model-based AI system) to generate estimated nutritional information, calorie counts, macro-nutrient estimates, dietary suitability tags, and menu descriptions for food items listed by Restaurant Partners.

4.2 ALL AI-GENERATED CONTENT ON THE PLATFORM IS:

• Generated algorithmically without laboratory testing, empirical measurement, or verification by a qualified nutritionist or dietitian.
• Based on generally available nutritional data and AI modelling, which may not reflect the actual ingredients, preparation methods, or portion sizes used by a specific Restaurant Partner.
• Clearly labelled on the Platform as “AI Estimated” or “AI Generated” and should be treated as approximate guidance only.
• Subject to inherent limitations and potential inaccuracies arising from the nature of generative AI technology.

4.3 The Company expressly disclaims all liability for any inaccuracy, error, omission, or misleading representation in AI-Generated Content and for any loss, damage, adverse health consequence, dietary harm, or other consequence arising from reliance on such content.

4.4 Restaurant Partners, not the Company, bear responsibility for the accuracy of allergen declarations, ingredient lists, and any other food-related information they choose to display on the Platform. The Company does not verify or guarantee the accuracy of such Restaurant Partner-provided information.

4.5 The AI content generation services provided through Google Gemini API are governed by Google’s terms of service. The Company is not responsible for any errors, biases, or inaccuracies inherent in the underlying AI model.

5. Nutritional and Dietary Information Disclaimer

5.1 Nothing contained in the nutritional information, dietary tags, calorie estimates, or any other health-related content displayed on the Platform constitutes medical advice, dietary counselling, nutritional therapy, or any form of professional health guidance.

5.2 The Company is not a healthcare provider, registered dietitian, or nutritional consultant. Information on the Platform must not be used as the sole basis for making dietary, medical, or health decisions. Individuals with specific health conditions, food allergies, eating disorders, metabolic conditions, or clinical dietary requirements should consult a qualified healthcare professional before making dietary decisions.

5.3 Actual nutritional values of food and beverages prepared by Restaurant Partners may vary from estimates displayed on the Platform due to variations in ingredients, preparation methods, portion sizes, cooking techniques, and seasonal ingredient sourcing. The Company is not liable for such variations.

6. Ingredient Transparency and Kitchen Practice Disclaimers

6.1 The Platform displays voluntary “transparency signals” provided by Restaurant Partners, including disclosures regarding cooking oils, ingredient sourcing practices, allergen management, hygiene certifications, and kitchen operational practices.

6.2 These transparency signals are provided voluntarily by Restaurant Partners and constitute self-declarations. THE COMPANY DOES NOT INDEPENDENTLY VERIFY, AUDIT, INSPECT, OR CERTIFY ANY TRANSPARENCY SIGNAL UNLESS EXPLICITLY AND SPECIFICALLY STATED OTHERWISE.

6.3 The Company cannot guarantee the accuracy, completeness, or continued validity of transparency signals. Restaurant Partners are contractually obligated to update their disclosures promptly when practices change. However, the Company does not assume liability for any failure by a Restaurant Partner to do so.

6.4 Users who place reliance on ingredient transparency disclosures for allergen management or dietary decision-making do so at their own risk and are strongly advised to independently verify such information with the Restaurant Partner.

7. Reservation and Service Availability Disclaimer

7.1 Reservations made through the Platform are subject to the real-time availability confirmed by Restaurant Partners. The Company does not guarantee the availability of tables, dining slots, or specific menu items at any Restaurant Partner at any given time.

7.2 Restaurant listing information, including operating hours, menu items, pricing, seating capacity, and special offers, is provided by Restaurant Partners and may not always be current or accurate. The Company does not independently verify the accuracy of such information and disclaims all liability for any loss, inconvenience, or disappointment arising from reliance on such information.

7.3 The Company does not guarantee that the Platform will be available at all times. The Platform and Services may be subject to scheduled or unscheduled downtime, maintenance periods, technical disruptions, or force majeure events. The Company disclaims all liability for any loss or inconvenience arising from unavailability of the Platform.

8. GPS and Location Services Disclaimer

8.1 The Platform uses GPS-based real-time location data with User Consent for the purposes of (a) restaurant discovery and filtering by proximity, and (b) enabling Restaurant Partners to monitor the User’s estimated time of arrival for Takeaway Orders.

8.2 The Company does not guarantee the accuracy of GPS-based location data or estimated time of arrival calculations, which are dependent on device hardware, GPS signal quality, network connectivity, and third-party mapping services. The Company disclaims all liability for errors in location data or estimated arrival times.

8.3 If GPS location sharing is disabled by the User during a Takeaway Order, the Company disclaims all liability for any delay in food preparation, deterioration in food quality, or inconvenience resulting therefrom.

8.4 Location data is shared with Restaurant Partners solely for Order optimisation purposes and is governed by the Company’s Privacy Policy and the Restaurant Partner’s data handling obligations. The Company does not use GPS data for surveillance or tracking purposes beyond what is described in its Privacy Policy.

9. User Reviews and Ratings Disclaimer

9.1 Reviews, ratings, and feedback displayed on the Platform are submitted by Users of the Platform and reflect the personal opinions and experiences of individual Users. They do not represent the views or opinions of the Company, and the Company does not endorse or verify the accuracy of User-generated reviews.

9.2 The Company makes reasonable efforts to moderate User Content for compliance with its Terms of Service but cannot guarantee that all reviews are genuine, accurate, or unbiased. The Company disclaims all liability for any loss or damage arising from reliance on User-generated reviews or ratings.

9.3 Users who believe that any review or rating on the Platform violates these Terms or is defamatory, false, or misleading are encouraged to report such content to the Company at team@harkara-ai.in.

10. Third-Party Services and External Links Disclaimer

10.1 The Platform integrates third-party services including Razorpay (payment processing), Supabase (cloud infrastructure), and Google Gemini API (AI content generation). The Company does not control these third-party services and is not responsible for their performance, availability, content, privacy practices, or compliance with Applicable Law. Third-party services are governed by their respective terms and privacy policies.

10.2 The Platform may contain hyperlinks to external websites and resources operated by third parties. These links are provided solely for User convenience and do not constitute an endorsement or recommendation by the Company. The Company is not responsible for the content, accuracy, legality, or privacy practices of any linked third-party website. Accessing linked websites is at the User’s own risk.

11. No Professional Advice Disclaimer

11.1 Nothing on the Platform constitutes, or is intended to constitute, legal, financial, medical, dietary, nutritional, investment, or other professional advice. The Company is a technology platform and does not provide any form of professional services.

11.2 Users should not rely on any content on the Platform as a substitute for seeking independent professional advice from a suitably qualified professional. The Company is not liable for any actions taken or not taken in reliance on content available on the Platform.

12. Regulatory and Compliance Disclaimer

12.1 While the Company endeavours to ensure that the Platform and its operations comply with Applicable Laws, regulatory requirements are subject to change, and the Company makes no representation that the Platform is in compliance with the laws of every jurisdiction.

12.2 Users are responsible for ensuring that their use of the Platform is lawful in their jurisdiction and for complying with all laws applicable to their use of the Platform.

12.3 The Company does not represent that Restaurant Partners are in compliance with all applicable regulatory requirements. Users should conduct their own due diligence regarding the regulatory compliance of Restaurant Partners they choose to patronise.

13. Limitation of Liability

13.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (a) THE USE OF OR INABILITY TO USE THE PLATFORM; (b) ANY FOOD SAFETY INCIDENT, FOODBORNE ILLNESS, OR ADVERSE DIETARY REACTION; (c) ANY INACCURACY IN AI-GENERATED CONTENT; (d) ANY RESTAURANT PARTNER’S ACTS OR OMISSIONS; (e) ANY THIRD-PARTY SERVICE FAILURE; OR (f) ANY FORCE MAJEURE EVENT.

13.2 Nothing in this Disclaimer shall limit or exclude any liability that cannot be excluded or restricted under the Consumer Protection Act 2019 or any other mandatory provision of Applicable Law.

14. Indemnity

14.1 By using the Platform, You agree to indemnify and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, losses, damages, liabilities, and expenses (including legal costs) arising from: (a) Your use of the Platform in violation of these Terms or Applicable Law; (b) Your reliance on any content or information displayed on the Platform; or (c) Your violation of any third-party rights.

15. Changes to This Disclaimer

15.1 The Company reserves the right to update or amend this Disclaimer at any time without prior notice. The most recent version of this Disclaimer shall be published on the Platform. By continuing to use the Platform after any revision, You accept the revised Disclaimer.

15.2 For any queries or concerns regarding this Disclaimer, please contact the Company at team@harkara-ai.in.