Terms of Service

Effective Date: 22 June, 2026

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


1. Definitions and Interpretation

1.1 Definitions

In these Terms of Service, unless the context otherwise requires, the following expressions shall have the meanings assigned to them hereunder:

“Agreement”

means these Terms of Service, together with the Privacy Policy, Cookie Policy, and Disclaimer published on the Platform, as amended from time to time, collectively constituting the entire agreement between the Company and the User.

“AI-Generated Content”

means any content including, without limitation, estimated nutritional information, menu descriptions, dietary tags, ingredient summaries, or recommendations generated through artificial intelligence systems, including the Google Gemini API, deployed on the Platform, and which are expressly labelled as estimates.

“Applicable Law”

means all statutes, laws, regulations, rules, notifications, circulars, guidelines, directions, and orders of competent authorities applicable in the Republic of India, including but not limited to the Indian Contract Act 1872, the Information Technology Act 2000 and the rules thereunder, the Consumer Protection Act 2019, the Consumer Protection (E-Commerce) Rules 2020, the Food Safety and Standards Act 2006, the Digital Personal Data Protection Act 2023, the Goods and Services Tax laws, and the Arbitration and Conciliation Act 1996.

“Company”

means Harkara AI Private Limited, a company incorporated under the Companies Act 2013, having its registered office at 38/164, Kiran Path, Mansarovar, Jaipur, Jaipur, Rajasthan, India 302020, and also referred to herein as “Harkara”, “We”, “Us”, or “Our”.

“Confidential Information”

means any non-public information relating to the Company’s technology, business operations, pricing structures, proprietary algorithms, user data, processes, or commercial strategy, whether disclosed in writing, orally, or electronically.

“Dine-In Pre-Order”

means a Pre-Order placed by a User in conjunction with a Reservation, where food and beverages are ordered in advance for consumption at the Restaurant Partner’s premises during the reserved dining slot.

“FSSAI”

means the Food Safety and Standards Authority of India established under the Food Safety and Standards Act 2006.

“Intellectual Property Rights”

means all patents, registered and unregistered trademarks, service marks, trade names, business names, brand names, logos, registered designs, copyrights, database rights, trade secrets, know-how, and all other intellectual and proprietary rights of whatever nature, whether or not registered, subsisting anywhere in the world.

“Order”

means a Pre-Order or Takeaway Order placed by a User through the Platform at a Restaurant Partner.

“Platform”

means the websites accessible at harkara.in / harkara-ai.in, including associated subdomains and dynamic URL paths (including orders.harkara-ai.in for QR-based web ordering and partner.harkara-ai.in for the Partner dashboard), and any associated mobile applications, application programming interfaces (APIs), widgets, and digital interfaces operated, maintained, or provided by the Company, through which Users may access the Services.

“Platform Fee”

means any facilitation fee, convenience charge, or service fee charged by the Company to a User for enabling transactions through the Platform, as displayed on the Platform and revised from time to time.

“Pre-Order”

means an advance order placed by a User through the Platform for food and beverages at a participating Restaurant Partner, to be fulfilled either as a Dine-In Pre-Order or a Takeaway Order.

“Reservation”

means a table booking or dining slot secured by a User through the Platform at a participating Restaurant Partner.

“Restaurant Partner”

means any restaurant, food establishment, cloud kitchen, cafe, or food business operator that has registered on and been approved by the Company to offer its services and menu through the Platform.

“Services”

means all services offered through the Platform, including restaurant discovery, table reservations, food pre-ordering, takeaway facilitation, ingredient transparency disclosures, structured dining feedback, AI-Generated Content, and restaurant management tools, as more particularly described in Clause 4.

“Takeaway Order”

means a Pre-Order placed by a User for food and beverages to be collected by the User directly from the Restaurant Partner’s premises.

“User”

means any individual of eighteen (18) years of age or above who accesses or uses the Platform or the Services, whether as a guest or as a registered account holder, also referred to herein as “You”, “Your”, or “Customer”.

“User Content”

means any reviews, ratings, photographs, comments, feedback, textual content, or other materials submitted, posted, uploaded, or transmitted by a User through or on the Platform.

“QR Code Based Ordering”

means the ordering mechanism whereby a Restaurant Partner generates a unique QR code for each table through the QR Table Manager feature on the Partner dashboard. Upon scanning the QR code, a User is redirected to the Harkara mobile application (if installed) or to the web portal at orders.harkara-ai.in, where the User may browse the Restaurant Partner’s menu and place an Order without prior registration or takeaway, for fulfilment at the table.

“Walk-In Order”

means an order placed by a User who is physically present at a Restaurant Partner’s premises without a prior reservation, using the QR Code Based Ordering feature by scanning a QR code placed on the table to access the Platform and place a food or beverage order.

1.2 Interpretation

In these Terms of Service: (a) references to Clauses are references to clauses of these Terms of Service; (b) headings are inserted for convenience only and shall not affect the interpretation of these Terms; (c) words importing the singular include the plural and vice versa; (d) any reference to a statute or statutory provision shall include any subordinate legislation made under it and any amendment or re-enactment of it; (e) the word “including” shall be construed as “including without limitation”; and (f) references to writing include electronic communications where the context permits.

2. Acceptance of Terms and Conditions

2.1 By accessing, browsing, registering on, or using the Platform in any manner, You unconditionally accept and agree to be legally bound by these Terms of Service in their entirety. If You do not agree to these Terms, You must immediately cease accessing and using the Platform.

2.2 These Terms constitute a legally binding agreement between You and the Company under the Indian Contract Act 1872 and the Information Technology Act 2000.

2.3 The Company reserves the right to amend, modify, or update these Terms at any time at its sole discretion. Where material changes are made, the Company shall endeavour to notify registered Users via the registered email address or by posting a prominent notice on the Platform. Continued use of the Platform after the publication of amended Terms shall constitute Your acceptance of the revised Terms.

2.4 These Terms must be read in conjunction with the Company’s Privacy Policy, Cookie Policy, and Disclaimer, which are incorporated herein by reference. In the event of any conflict between these Terms and those policies, these Terms shall prevail to the extent of the inconsistency, unless expressly stated otherwise.

2.5 The Company operates as a technology intermediary and marketplace platform. These Terms govern the relationship between the Company and the User. The relationship between a User and a Restaurant Partner is governed separately by the terms applicable to Restaurant Partners and the applicable provisions of consumer protection law.

3. Eligibility and User Registration

3.1 Age and Legal Capacity

3.1.1 The Platform and Services are available exclusively to individuals who have attained the age of eighteen (18) years. Minors under the age of eighteen (18) are strictly prohibited from registering on or using the Platform without explicit supervision of a parent or legal guardian who accepts these Terms on the minor’s behalf and assumes full responsibility for the minor’s use of the Platform.

3.1.2 You represent and warrant that You possess the legal capacity to enter into a binding contract under the Indian Contract Act 1872, and that You are not subject to any legal disability, restriction, or prohibition that would prevent You from entering into or performing Your obligations under these Terms.

3.2 Registration Requirements

3.2.1 Access to certain features of the Platform requires registration. You agree to provide accurate, complete, and current information during the registration process, including Your full name, a valid email address, and mobile number. The Company relies on the accuracy of this information and shall not be liable for issues arising from inaccurate or incomplete registration details.

3.2.2 Each individual may maintain only one (1) active account on the Platform. The creation of multiple accounts for the purpose of circumventing restrictions, gaming reviews, or any other reason is strictly prohibited.

3.2.3 You are solely responsible for maintaining the confidentiality of Your account credentials, including Your password, and for all activities that occur under Your account. You agree to immediately notify the Company at team@harkara-ai.in of any unauthorised access to or use of Your account.

3.2.4 The Company reserves the right to suspend, restrict, or terminate any account that it reasonably believes has been created fraudulently, in breach of these Terms, or through misrepresentation.

3.2.5 Accounts registered on behalf of businesses or other legal entities are not permitted under these Terms, which are intended solely for individual consumer use. Restaurant Partners must register separately through the applicable Partner onboarding process.

4. Description and Nature of Platform Services

4.1 Intermediary Status

4.1.1 The Company is a technology intermediary and marketplace platform as defined under Section 2(1)(w) and Section 79 of the Information Technology Act 2000, read with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021. The Company does not prepare, cook, package, store, serve, deliver, or otherwise handle food and beverages at any stage.

4.1.2 The Company facilitates connections between Users and Restaurant Partners and provides technology infrastructure for transactions. All contractual obligations relating to food quality, food safety, hygiene, ingredient accuracy, preparation, service, and fulfilment rest exclusively with the Restaurant Partner.

4.2 Core Services

The Platform provides the following Services to Users:

  • Restaurant Discovery: enabling Users to search, browse, and discover listed Restaurant Partners by location, cuisine, rating, and other filters.
  • Table Reservations: enabling Users to book dining slots at participating Restaurant Partners, subject to availability.
  • Pre-Ordering and Takeaway: enabling Users to place advance food and beverage orders at participating Restaurant Partners, either for dine-in or takeaway collection.
  • Ingredient and Kitchen Transparency: displaying voluntary transparency disclosures provided by Restaurant Partners regarding cooking oils, sourcing practices, hygiene standards, and other operational indicators.
  • Dining Feedback: enabling Users to submit structured reviews and ratings of their dining experiences.
  • AI-Generated Nutritional Estimates: providing estimated nutritional information for menu items, generated through the Google Gemini API, labelled as AI-generated estimates and not as verified nutritional data.
  • Restaurant Management Tools: providing Restaurant Partners with tools to manage menus, reservations, and orders through the Platform.
  • QR Code Based Ordering: enabling Restaurant Partners to generate QR codes for individual tables through the QR Table Manager on the Partner dashboard. Users may scan the QR code to be redirected to the Harkara application (if installed) or the web portal at orders.harkara-ai.in, where they may view the menu and place Walk-In Orders directly from the table.

4.3 Service Availability

4.3.1 The Platform is provided on an “as available” basis. The Company does not guarantee uninterrupted, error-free, or continuous availability of the Platform or Services. Scheduled maintenance, technical upgrades, third-party service disruptions, force majeure events, or other factors may result in temporary unavailability of the Platform.

4.3.2 The Company reserves the right to modify, discontinue, suspend, or restrict any feature or Service at any time with or without prior notice, and shall not be liable to any User for such modifications.

4.4 Modifications to the Platform

4.4.1 The Company reserves the right, at its sole discretion, to modify, enhance, suspend, discontinue, or remove any part of the Platform or any Services, features, functionality, or content offered through the Platform, whether temporarily or permanently, at any time and without prior notice where reasonably necessary.

4.4.2 The Company shall not be liable to any User or third party for any modification, suspension, discontinuation, or removal of any part of the Platform or Services.

4.5 Platform Updates

4.5.1 From time to time, the Company may release updates, upgrades, enhancements, bug fixes, security patches, new features, or other modifications to the Platform (“Updates”).

4.5.2 Such Updates may modify, improve, replace, or discontinue existing features or functionality of the Platform.

4.5.3 You acknowledge and agree that:

  • The Company is under no obligation to provide any Updates or continue supporting any particular feature or functionality;
  • All Updates shall be deemed to form an integral part of the Platform and shall automatically be governed by these Terms of Service;
  • Continued use of the Platform following any Update constitutes Your acceptance of such Update and these Terms.

5. User Account Obligations and Security

5.1 You shall at all times maintain the security and confidentiality of Your account login credentials. You acknowledge that You are solely responsible for all activities conducted through Your account, whether authorised by You or not, and the Company shall not be liable for any loss or damage arising from unauthorised use of Your account.

5.2 You shall not share Your account credentials with any third party or permit any other person to access the Platform using Your credentials.

5.3 You shall promptly notify the Company at team@harkara-ai.in if You become aware of, or suspect, any unauthorised access to, or use of, Your account or any breach of security relating to Your account.

5.4 The Company may, at its sole discretion and without prior notice, suspend or terminate Your account if it reasonably suspects that Your account has been compromised, is being used in a manner that violates these Terms, or is associated with fraudulent or illegal activity.

5.5 You agree that the Company shall not be responsible for any acts or omissions performed under Your account by You or any third party who accesses Your account with or without Your knowledge.

6. Restaurant Discovery and Reservation Services

6.1 Restaurant Listings

6.1.1 Restaurant listings on the Platform are provided for informational purposes and are based on information supplied by Restaurant Partners. The Company does not independently verify all listing information, including, but not limited to, operating hours, menu availability, cuisine types, pricing, seating capacity, or special offers. Users should verify such information directly with the Restaurant Partner prior to visiting.

6.1.2 Ratings, reviews, and transparency signals displayed on the Platform are based on User feedback and voluntary disclosures by Restaurant Partners. Such information constitutes informational content only and does not amount to an endorsement, certification, or guarantee by the Company.

6.2 Reservation Process

6.2.1 Dine-in Reservations made through the Platform are automatically confirmed by the Platform upon the User selecting an available dining slot. Upon clicking “Reserve”, the User shall receive an immediate confirmation notification: “Your seat is booked.” No manual acceptance by the Restaurant Partner is required for dine-in Reservations. Availability of dining slots is subject to real-time capacity controls maintained by the Restaurant Partner through the Partner dashboard.

6.2.2 The User is responsible for arriving at the Restaurant Partner’s premises at the reserved date and time. The Restaurant Partner retains the right to release a reserved table if the User has not arrived within a reasonable time of the agreed reservation slot, as communicated to the User upon booking.

6.3 No-Show Policy

6.3.1 In the event that a User fails to honour a confirmed Reservation without cancelling in advance (“No-Show”), the Company and the Restaurant Partner reserve the right to record such No-Show on the User’s account. Repeated No-Shows may result in restrictions on the User’s ability to make future reservations through the Platform.

6.3.2 Platform Fees paid in connection with a Reservation that results in a No-Show are non-refundable, unless the No-Show is attributable to a technical failure on the part of the Company.

7. Food Pre-Ordering and Takeaway Services

7.1 Pre-Order Mechanism

7.1.1 The Platform enables Users to place Pre-Orders at participating Restaurant Partners. Pre-Orders may be placed for Dine-In (in conjunction with a Reservation) or as a Takeaway Order for collection from the Restaurant Partner’s premises.

7.1.2 A Pre-Order constitutes an offer to purchase by the User and shall be deemed accepted only upon receipt of an order confirmation from the Restaurant Partner through the Platform. The Company is not a party to the contractual relationship between the User and the Restaurant Partner for the supply of food and beverages.

7.2 GPS Location Requirement

7.2.1 For Takeaway Orders and Dine-In Pre-Orders, the User is required to enable real-time GPS location sharing on their device. The Platform uses GPS data solely to continuously calculate the proximity between the User and the Restaurant Partner and to send a preparation trigger notification to the Restaurant Partner when the User is approaching. The Company does not store GPS location data. GPS location data is not shared with the Restaurant Partner; the Restaurant Partner receives only a preparation trigger notification and does not receive the User’s location coordinates. By placing a Takeaway Order or a Dine-In Pre-Order, the User consents to such real-time proximity monitoring for the duration of transit to the Restaurant Partner’s premises.

7.2.2 If the User disables GPS location services after placing a Takeaway Order or Dine-In Pre-Order, the preparation trigger notification may not be sent to the Restaurant Partner, and the Restaurant Partner may prepare the Order at the scheduled preparation time, irrespective of the User’s actual arrival time. The Company shall not be liable for any delay, deterioration in food quality, or inconvenience arising from the User’s failure to maintain active GPS location sharing during transit.

7.3 Order Cancellation by User

7.3.1 Dine-In Pre-Orders cannot be cancelled by the User once placed. No refunds shall be issued for Dine-In Pre-Orders in the event of a no-show or cancellation by the User.

7.3.2 Takeaway Orders may be cancelled by the User prior to acceptance by the Restaurant Partner. Upon cancellation at this stage, the User shall be entitled to a full refund of the Order value, to be processed within five (5) to seven (7) business days to the original payment method.

7.3.3 Once a Takeaway Order has been accepted by the Restaurant Partner, cancellation and refund requests shall be subject to the Restaurant Partner’s sole discretion and refund policy. The Company shall facilitate communication between the User and the Restaurant Partner but shall bear no independent liability for refund decisions made by the Restaurant Partner.

8. Payment Terms and Processing

8.1 Payment Processing

8.1.1 All payments on the Platform are processed through Razorpay, a payment gateway regulated under the Payment and Settlement Systems Act 2007 and the Reserve Bank of India’s guidelines on payment aggregators. By making a payment through the Platform, You agree to Razorpay’s terms of service and privacy policy.

8.1.2 The Company does not store Your complete payment card details. All payment data is encrypted and handled directly by Razorpay in accordance with applicable Payment Card Industry Data Security Standards (PCI-DSS).

8.2 Pricing and Taxes

8.2.1 All prices displayed on the Platform for food and beverages are set by Restaurant Partners and are inclusive or exclusive of Goods and Services Tax (GST) as indicated. The Company bears no responsibility for the accuracy of prices set by Restaurant Partners. Users are advised to verify the final order total before confirming payment.

8.2.2 Platform Fees, where applicable, shall be displayed to the User prior to payment confirmation and shall be non-refundable except in the event of a technical failure directly attributable to the Company that prevents the Services from being rendered.

8.3 Failed Transactions

8.3.1 In the event of a payment failure, the Company and Razorpay shall use commercially reasonable efforts to process a refund of any amount debited to the User’s account within five (5) to seven (7) business days. The Company shall not be liable for any delay caused by the User’s bank or payment service provider.

8.3.2 The Company shall not be liable for any loss or damage arising from duplicate charges, failed transactions, or other payment errors not directly caused by the Company. Users should raise any such disputes with their bank or with Razorpay.

9. Cancellation and Refund Policy

The following cancellation and refund terms apply to transactions made through the Platform:

9.1 Reservations

9.1.1 Users may cancel a Reservation without charge prior to the Restaurant Partner’s designated cancellation window, which shall be communicated to the User at the time of booking. Cancellations made within the designated cancellation window may attract a cancellation fee as determined by the Restaurant Partner and communicated to the User.

9.1.2 Platform Fees paid in connection with a Reservation are non-refundable upon cancellation by the User, unless the cancellation is due to a technical error on the part of the Company.

9.2 Pre-Orders — Takeaway

9.2.1 Pre-cancellation (before Restaurant Partner acceptance): Full refund of the Order value within 5–7 business days to the original payment method.

9.2.2 Post-acceptance cancellation: Refunds shall be at the sole discretion of the Restaurant Partner. The Company shall facilitate the refund process upon the Restaurant Partner’s authorisation but shall not independently fund or guarantee such refunds.

9.3 Dine-In Pre-Orders

9.3.1 Dine-In Pre-Orders are non-cancellable and non-refundable under any circumstances, including in the event of a no-show by the User.

9.4 Restaurant Partner-Initiated Cancellations

9.4.1 In the event that a Restaurant Partner cancels a confirmed Order or is unable to fulfil a Reservation, the User shall be entitled to a full refund of the Order value and any Platform Fees paid, to be processed within 5–7 business days.

9.5 Refund Process

9.5.1 All refunds shall be processed to the original payment method used by the User. The Company shall initiate eligible refunds within the timelines stated above. Actual credit timelines may vary depending on the User’s bank or payment service provider, and the Company bears no responsibility for delays attributable to such third-party financial institutions.

10. User-Generated Content and Reviews

10.1 Content Submission

10.1.1 The Platform enables Users to submit reviews, ratings, photographs, and feedback. By submitting User Content, You represent and warrant that: (a) You are the sole owner or have all necessary rights, licences, and consents to submit such content; (b) the content is accurate, fair, and based on Your genuine firsthand experience; (c) the content does not infringe any Intellectual Property Rights, privacy rights, or other rights of any third party; and (d) the content complies with these Terms.

10.2 Licence Grant

10.2.1 By submitting User Content, You grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and irrevocable licence to use, reproduce, modify, adapt, publish, display, distribute, and communicate such content on the Platform and in connection with the Company’s marketing, promotional, and business activities, without additional compensation to You.

10.2.2 You retain ownership of Your User Content subject to the licence granted above.

10.3 Content Standards

User Content must not:

  • contain false, misleading, or fabricated information, including fake reviews or ratings.
  • be defamatory, abusive, harassing, threatening, obscene, or offensive.
  • infringe any third-party Intellectual Property Rights.
  • contain personal information of third parties without their consent.
  • promote illegal activity, violence, discrimination, or hatred.
  • contain malware, viruses, or any other harmful computer code.

10.4 Moderation

10.4.1 The Company reserves the right, but not the obligation, to moderate, review, edit, remove, or refuse to publish any User Content at its sole discretion, including content that it reasonably believes violates these Terms, Applicable Law, or the rights of any third party.

11. Prohibited Conduct

11.1 General Prohibitions

You agree not to, directly or indirectly:

  • use the Platform for any purpose that is unlawful under Applicable Law or prohibited under these Terms.
  • impersonate any person or entity or falsely represent Your affiliation with any person or entity.
  • create multiple accounts or use any automated system to access the Platform.
  • engage in any form of data scraping, web crawling, or automated data extraction from the Platform.
  • reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying technology of the Platform.
  • circumvent, disable, or otherwise interfere with any security features, access controls, or technical measures on the Platform.
  • upload or transmit any material containing viruses, malware, ransomware, trojan horses, or any other malicious or harmful code.
  • use the Platform to send unsolicited commercial communications (spam) to any person.
  • manipulate or artificially inflate or deflate ratings, reviews, or transparency signals on the Platform.
  • access, collect, or use any other User’s data without their explicit consent.
  • engage in any conduct that disrupts or interferes with the normal operation of the Platform or its servers.
  • attempt to gain unauthorised access to any portion of the Platform or its back-end infrastructure.

11.2 Consequences of Prohibited Conduct

11.2.1 Violation of any of the prohibitions set out in this Clause 11 may result in immediate suspension or termination of Your account, removal of Your User Content, and/or referral to the appropriate law enforcement authorities. The Company reserves all rights to seek civil and criminal remedies available under Applicable Law, including remedies under the Information Technology Act 2000 and the Indian Penal Code.

12. Intellectual Property Rights

12.1 Ownership of Platform IP

12.1.1 All Intellectual Property Rights in and to the Platform, including its design, architecture, software, source code, algorithms, databases, graphics, logos, trademarks, trade names, and proprietary content, are and shall remain the exclusive property of the Company or its licensors. Nothing in these Terms shall be construed as transferring or assigning any Intellectual Property Rights to You.

12.2 Permitted Use

12.2.1 The Company grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform solely for Your personal, non-commercial use in accordance with these Terms.

12.3 Restrictions

12.3.1 You shall not copy, reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any part of the Platform or its content without the prior written consent of the Company.

12.3.2 Any unauthorised use of the Company’s Intellectual Property Rights may constitute infringement under the Copyright Act 1957, the Trade Marks Act 1999, and other Applicable Laws, and may expose You to civil and criminal liability.

13. AI-Generated Content and Nutritional Information

13.1 The Platform deploys the Google Gemini API to generate estimated nutritional information, calorie counts, dietary tags, and related content for menu items listed by Restaurant Partners. All such AI-Generated Content is clearly labelled as an estimate and has NOT been laboratory-tested, independently verified, or certified by the Company or any regulatory authority.

13.2 AI-Generated Content is provided for general informational and convenience purposes only. Users with specific dietary requirements, food allergies, medical conditions, or nutritional needs must not rely on AI-Generated Content for their dietary decisions and must verify all relevant information directly with the Restaurant Partner prior to ordering.

13.3 The Company expressly disclaims all liability for any inaccuracies, omissions, or errors in AI-Generated Content and for any loss, damage, adverse health consequences, or other harm arising from reliance on such content. Restaurant Partners are solely responsible for the accuracy of allergen information and ingredient disclosures.

14. Third-Party Services and Integrations

14.1 The Platform integrates third-party services and technologies, including Razorpay (payment processing), Supabase (cloud infrastructure), and Google Gemini API (AI content generation). These services are governed by their respective terms of service and privacy policies, which are independent of these Terms. The Company does not control or endorse any third-party service and shall not be liable for the acts, omissions, or content of any third-party service provider.

14.2 The Platform may contain hyperlinks to third-party websites or resources. Such links are provided for convenience only and do not constitute an endorsement by the Company of the content, products, or services of those third parties. The Company disclaims all liability for the accuracy, legality, or appropriateness of third-party content.

14.3 You acknowledge that the Company’s ability to deliver certain Services is contingent on the continued availability and performance of third-party services, and the Company shall not be liable for any service disruption caused by the failure or unavailability of third-party platforms.

15. Disclaimer of Warranties

15.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR RELIABILITY.

15.2 The Company does not warrant that: (a) the Platform will be uninterrupted, error-free, or free from viruses or other harmful components; (b) the information or content on the Platform is accurate, complete, or up to date; (c) any defects in the Platform will be corrected; or (d) the Services will meet Your specific requirements or expectations.

15.3 The Company expressly disclaims all representations and warranties regarding food quality, food safety, hygiene standards, ingredient accuracy, allergen information, preparation standards, and service quality of Restaurant Partners. All such matters are the sole responsibility of the respective Restaurant Partner.

15.4 Nothing in this Clause shall limit or exclude any warranty that cannot be excluded under the Consumer Protection Act 2019 or other Applicable Law.

16. Limitation of Liability

16.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL, OR ANY OTHER ECONOMIC OR NON-ECONOMIC LOSS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.2 In any event, the Company’s aggregate liability to a User for all claims arising out of or relating to these Terms or the Services in connection with a single transaction shall not exceed the Platform Fee paid by the User in respect of that specific transaction, or rupees five hundred (INR 500), whichever is lower.

16.3 The Company shall not be liable for any loss or damage arising from: (a) any food safety incident, foodborne illness, or adverse reaction resulting from food or beverages supplied by a Restaurant Partner; (b) inaccurate AI-Generated Content; (c) false or misleading transparency disclosures made by a Restaurant Partner; (d) failure or unavailability of third-party services; (e) Your use of the Platform in violation of these Terms; or (f) any force majeure event.

16.4 Nothing in these Terms shall limit or exclude the Company’s liability for death or personal injury caused by its own negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded under Applicable Law, including the Consumer Protection Act 2019.

17. Indemnification

17.1 You agree to indemnify, defend, and hold harmless the Company and its directors, officers, employees, agents, and licensors from and against any and all claims, damages, losses, costs, liabilities, and expenses (including reasonable legal fees) arising out of or relating to: (a) Your use or misuse of the Platform; (b) Your breach of any representation, warranty, obligation, or term under these Terms; (c) Your violation of any Applicable Law; (d) Your infringement of any third-party rights, including Intellectual Property Rights; or (e) any User Content submitted by You.

17.2 The Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by You, in which event You shall cooperate with the Company in asserting any available defences.

18. Term and Termination

18.1 These Terms shall remain in full force and effect for as long as You use the Platform or maintain an active account with the Company.

18.2 You may terminate Your account at any time by sending a written request to team@harkara-ai.in. Account deletion shall be completed within thirty (30) days of receipt of such a request, subject to the retention of data as required by Applicable Law.

18.3 The Company may, at its sole discretion and without prior notice, suspend or permanently terminate Your access to the Platform or any account registered by You if: (a) You breach any provision of these Terms; (b) the Company is required to do so by a court order or regulatory authority; (c) continued provision of Services is commercially unviable or unlawful; or (d) You engage in any conduct that is harmful to the Company, other Users, Restaurant Partners, or third parties.

18.4 Upon termination of Your account for any reason: (a) Your licence to access the Platform shall immediately cease; (b) the Company may retain Your User Content and transaction data as required by Applicable Law; and (c) all accrued liabilities and obligations that arose prior to termination shall survive.

18.5 The following Clauses shall survive termination of these Terms: Clauses 10.2 (Licence Grant), 12 (Intellectual Property Rights), 15 (Disclaimer of Warranties), 16 (Limitation of Liability), 17 (Indemnification), 19 (Dispute Resolution), and 20 (General Provisions).

19. Governing Law and Dispute Resolution

19.1 Governing Law

19.1.1 These Terms shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict of law principles.

19.2 Amicable Resolution

19.2.1 In the event of any dispute, controversy, or claim arising out of or in connection with these Terms or the Services (“Dispute”), the parties shall attempt to resolve such Dispute amicably within thirty (30) days of one party notifying the other in writing of the Dispute, before initiating any formal legal proceedings.

19.3 Arbitration

19.3.1 If the parties are unable to resolve the Dispute amicably within the thirty (30) day period, the Dispute shall be finally settled by arbitration in accordance with the Arbitration and Conciliation Act 1996 as amended from time to time. The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties, or in the event of disagreement, by an arbitrator appointed in accordance with the provisions of the Act. The seat and venue of arbitration shall be Jaipur, Rajasthan, India. The language of arbitration shall be English.

19.4 Jurisdiction

19.4.1 Subject to Clause 19.3, the courts of competent jurisdiction at Jaipur, Rajasthan, India shall have exclusive jurisdiction over all matters arising out of or relating to these Terms, without prejudice to any applicable consumer protection laws granting jurisdiction to courts at the User’s place of residence.

20. General Provisions

20.1 Entire Agreement: These Terms, together with the Privacy Policy, Cookie Policy, and Disclaimer, constitute the entire agreement between You and the Company with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, or warranties.

20.2 Severability: If any provision of these Terms is found to be invalid, void, or unenforceable under Applicable Law, such provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

20.3 Waiver: No failure or delay by the Company in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy. No single or partial exercise of any right or remedy shall preclude any further exercise of that right or remedy.

20.4 Assignment: You may not assign or transfer any of Your rights or obligations under these Terms without the prior written consent of the Company. The Company may assign or transfer its rights and obligations under these Terms to a successor entity in the event of a merger, acquisition, or reorganisation, upon notice to Users.

20.5 Force Majeure: The Company shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay is caused by events beyond the Company’s reasonable control, including acts of God, natural disasters, pandemics, governmental orders, wars, acts of terrorism, civil disturbances, labour disputes, infrastructure failures, or disruptions to third-party services.

20.6 Notices: All notices to the Company shall be sent to team@harkara-ai.in. Notices from the Company to You may be delivered by email to Your registered email address, by posting a notice on the Platform, or by any other method permitted under Applicable Law.

20.7 Language: These Terms are prepared in the English language. In the event of any conflict between the English version and any translated version, the English version shall prevail.

20.8 Consumer Rights: Nothing in these Terms is intended to limit, exclude, or restrict any rights You may have as a consumer under the Consumer Protection Act 2019 or any other Applicable Law.

20.9 Grievance Officer: In accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, the Company has appointed a Grievance Officer. Users may address their grievances to:

Grievance Officer

Name: Milind Raj

Designation: Grievance Officer

Email: team@harkara-ai.in

The Company shall acknowledge grievances within twenty-four (24) hours and resolve them within fifteen (15) days of receipt.


Data Protection Officer

Name: Vidit Kumar Jain

Designation: Data Protection Officer

Email: team@harkara-ai.in

— End of Terms of Service —

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