Terms & Conditions

TERMS AND CONDITIONS FOR CUSTOMERS

 

Terms and Conditions
1. Acceptance of Terms
By using our food delivery app, you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our app.
2. User Account
 * You must provide accurate and complete information when creating an account.
 * You are responsible for maintaining the confidentiality of your account credentials.
 * We reserve the right to suspend or terminate your account for any reason, including violation of these Terms and Conditions.

3.All displayed product images are AI generated images for illustrative purpose only.Actual product will vary vastly from the displayed image.


3.1. Ordering and Payment
 * You may place orders through our app.
 * All prices are subject to change without notice.
 * You agree to pay all fees associated with your orders, including taxes and delivery charges.
 * We accept various payment methods, as indicated on our app.
4. Order Fulfillment and Delivery
 * We will make reasonable efforts to fulfill and deliver your orders on time.
 * Delivery times may vary due to factors beyond our control, such as traffic and weather conditions.
 * We are not responsible for any delays or errors in delivery.
 * You are responsible for inspecting your order upon delivery and reporting any issues to our customer support.

5. Order Cancellation :
. Once an order is accepted by the restaurant, it cannot be cancelled or modified. 
. Partial orders : If you receive a partial order, a refund will be issued immediately for the amount of the missing order. 
. Damaged or Spoiled items: If you receive damaged or spoiled items, a full refund will be issued. Please contact our customer care number 6374676763 for immediate resolution. 
6. Food Safety and Quality
 * We take food safety and quality seriously.
 * We partner with reputable restaurants to ensure food is prepared and handled safely.
 * However, we cannot guarantee the taste or quality of food.
7. Intellectual Property
 * All content on our app, including trademarks, logos, and designs, is the property of our company or our licensors.
 * You may not use any of our intellectual property without our prior written consent.
8. Limitation of Liability
 * To the fullest extent permitted by law, our maximum liability to you for any claim arising out of or in connection with your use of the App or the services provided through the App shall be limited to the value of the order placed. 

Towny is merely a platform that facilities connection between Restaurants, Logistic Partner and Customers. We are not responsible for the quantity, quality or any other aspect of the food or beverages provided y the restaurants. We are also not responsible for any actions or omissions of the logistic partners. 
9. Governing Law
 * These Terms and Conditions shall be governed by and construed in accordance with the laws of [Jurisdiction].
10. Modifications
 * We reserve the right to modify these Terms and Conditions at any time. Any changes will be effective immediately upon posting on our app.
11. Contact Information
 * For any questions or concerns, please contact us at
support@towny.co.in or 6374676763

 

Restaurant Partner Agreement for Food Ordering and Delivery Services

This agreement, along with the Restaurant Partner Enrolment Form, is a legally binding contract between you (the "Restaurant Partner") and TOWNY ECOMMERCE PRIVATE LIMITED. It outlines the terms and conditions for using TOWNY ECOMMERCE PRIVATE LIMITED's platform (the "Platform") to provide food and beverage services (the "Restaurant Services") to customers (the "Customers").

Key Terms:

  • Parties Involved:
    • Restaurant Partner: You, the restaurant owner or representative.
    • TOWWNY ECOMMERCE PRIVATE LIMITED: The company providing the platform for food ordering and delivery.
  • Platform: TOWNY ECOMMERCE PRIVATE LIMITED's online platform where customers can order food.
  • Restaurant Services: Food and beverage services provided by the Restaurant Partner.
  • Customers: Users of the Platform who place orders through it.

Definitions:

  • Calendar Month: A month as recognized in the standard Gregorian calendar.
  • Service Fee: The fee payable by the Restaurant Partner to TOWNY ECOMMERCE PRIVATE LIMITED as specified in the Enrolment Form.
  • Customer: A user who places an order through the Platform.
  • Customer Application: The proprietary online website or mobile app owned by TOWNY ECOMMERCE PRIVATE LIMITED that allows Customers to:
    • Place orders with the Restaurant Partner.
    • Track the status of their orders.
    • Make payments for Restaurant Services.
  • Customer Data: Any personal information provided by a Customer through the Platform, such as name, address, email, phone number, and preferences, which will be handled according to the Privacy Policy.
  • Delivery Charges: The fee charged by the delivery partner to the customer for each order delivered through TOWNY ECOMMERCE PRIVATE LIMITED's platform.
  • Delivery Surge: An additional fee charged by the delivery partner, determined by factors like order value, distance, time, demand, traffic, weather, and seasonal peaks.
  • Electronic Payment Mechanism: Online and mobile payment methods, including third-party payment gateways, credit/debit cards, net banking, e-wallets, and TOWNY ECOMMERCE PRIVATE LIMITED credits.
  • Execution Date: The date the Restaurant Partner Enrolment Form is signed.
  • Form: The Restaurant Partner Enrolment Form for Food Ordering and Delivery Services.
  • Gross Sales: The total amount charged by the Restaurant Partner to a customer for an order placed through the platform, including taxes but excluding any discounts offered by the restaurant.
  • Information: Information provided in the Enrolment Form or subsequently by the Restaurant Partner, such as restaurant name, logo, menu, pricing, operating hours, delivery areas, and tax rates.
  • Delivery Partner: A third-party service provider that picks up orders from the restaurant and delivers them to customers.
  • Logistics Services: Services provided by TOWNY ECOMMERCE PRIVATE LIMITED to connect the Restaurant Partner with Delivery Partners through its online platform.
  • Menu: A list of food and beverage items offered by the Restaurant Partner on the Platform.
  • Menu Item Categorization: Classifying menu items as either Restaurant Services or Pre-Packaged Goods.
  • Merchant Application: A tool provided by TOWNY ECOMMERCE PRIVATE LIMITED to Restaurant Partners to:
    • Receive and accept or reject orders.
    • Provide order updates.
    • Request logistics services.
  • Multiple Outlet Entity: A restaurant with multiple branches under the same ownership.
  • Net Order Value: The amount received by the Restaurant Partner after deducting the Service Fee and other applicable charges.
  • Net Sales: Gross sales minus taxes, delivery charges, and other fees levied by the restaurant.
  • Order: A request made by a customer to purchase items from the Restaurant Partner through the Platform.
  • Order Value: The total amount payable by the customer for an order.
  • Parties: TOWNY ECOMMERCE PRIVATE LIMITED and the Restaurant Partner.
  • Payment Mechanism Fee: A percentage of the Order Value (including taxes) charged to the Restaurant Partner for using the Platform's payment mechanisms.
  • Platform: The website and mobile app owned and operated by TOWNY ECOMMERCE PRIVATE LIMITED.
  • Pre-Packaged Goods: Food and beverage items that are pre-packaged and ready for sale.
  • Restaurant Partner Compensation Policy: A policy outlining compensation for Restaurant Partners in case of order cancellations or rejections due to reasons beyond their control.
  • Restaurant: The commercial establishment(s) owned by the Restaurant Partner, where food and beverages are prepared and/or delivered to customers, as listed in this agreement.
  • Restaurant Partner: The legal owner or authorized representative of the Restaurant(s) mentioned in this agreement.
  • Restaurant Service: Food and beverage items prepared and served by the Restaurant Partner, listed on the Platform's menu, and subject to tax under Section 9(5) of the Central Goods and Services Tax Act, 2017.
  • Service Operator: TOWNY ECOMMERCE PRIVATE LIMITED's centralized system that receives customer orders through the app and transmits them to the Restaurant Partner.
  • Services: The services provided by TOWNY ECOMMERCE PRIVATE LIMITED to the Restaurant Partner, effective from the agreement date, including:
    • Order Placement & Catalog Hosting: Providing a real-time platform for customers to place orders with the Restaurant Partner and displaying the Restaurant Partner's menu and pricing.
    • Demand Generation & Marketing: Attracting new customers to the Restaurant Partner through targeted marketing campaigns, facilitating discovery, and creating a smooth ordering experience.
    • Logistics Services: Building a network of Delivery Partners to deliver Restaurant Partner's orders efficiently and reliably.
    • Support for All Parties: Offering dedicated 24/7 customer support for customers, Restaurant Partners, and Delivery Partners to ensure a seamless experience for everyone.
    • Technology Infrastructure: Developing and maintaining high-quality technology products for all parties, including a secure payment infrastructure.
  • Single Outlet Entity: A restaurant with only one location providing Restaurant Services.
  • Orders Requiring Support: Any order where TOWNY ECOMMERCE PRIVATE LIMITED's support team intervenes to resolve customer issues, such as delays, poor food quality, missing items, or packaging problems.
  • Supply of Food and Beverages Items: Any pre-packaged food and beverage items sold through the Platform by the Restaurant, not considered a Restaurant Service under Section 9(5) of the Central Goods and Services Tax Act, 2017.
  • Website: The TOWNY ECOMMERCE PRIVATE LIMITED website (www.TOWNY ECOMMERCE PRIVATE LIMITED.com) and its affiliated webpages, mobile apps, software, or technologies owned or controlled by TOWNY ECOMMERCE PRIVATE LIMITED.

TOWNY ECOMMERCE PRIVATE LIMITED Device: A smartphone loaded with the Merchant Application provided by TOWNY ECOMMERCE PRIVATE LIMITED.

 

  2.TOWNY ECOMMERCE PRIVATE LIMITED's Obligations:

  1. Platform Management:
    • TOWNY ECOMMERCE PRIVATE LIMITED will list the Restaurant Partner's menu and pricing on the Platform.
    • TOWNY ECOMMERCE PRIVATE LIMITED will transfer the amounts received from customers to the Restaurant Partner as per the agreed terms.
  2. Information Display:
    • TOWNY ECOMMERCE PRIVATE LIMITED will display all necessary information provided by the Restaurant Partner on the Platform, on a best-effort basis.
    • TOWNY ECOMMERCE PRIVATE LIMITED is not obligated to display information until the Restaurant Partner provides complete and compliant information.
  3. Tax Updates:
    • TOWNY ECOMMERCE PRIVATE LIMITED reserves the right to update tax rates on the Platform based on changes from tax authorities.
  4. Order Transmission:
    • Through TOWNY ECOMMERCE PRIVATE LIMITED's Web Dashboard or Merchant Application: Orders will be directly transmitted to the Restaurant Partner's device.
    • Communication and Order Status: TOWNY ECOMMERCE PRIVATE LIMITED's Service Operator will communicate with the Restaurant Partner via phone calls (which may be recorded) to convey customer orders, receive responses, and update customers on order status if the restaurant partner fails to accept order notified in the Web Dashboard or Mobile Application.

 

5. Customer and Restaurant Partner Support: TOWNY ECOMMERCE                   PRIVATE LIMITED will address customer and Restaurant Partner complaints related to the Platform and the provided devices.

6.Platform and Logistics Services: TOWNY ECOMMERCE PRIVATE LIMITED is responsible for providing the Platform and, if applicable, logistics services. However, it is not liable for the quality of Restaurant Services, order processing, or delays in order preparation by the Restaurant Partner.

7.Food Safety Compliance: TOWNY ECOMMERCE PRIVATE LIMITED may suspend the Restaurant Partner's account if they violate food safety regulations.

8.Logistics Services:

    • Responsibility: TOWNY ECOMMERCE PRIVATE LIMITED is responsible for ensuring the correct number of items in each order. However, it is not liable for the quality or quantity of the food items.
    • Delivery Partner: TOWNY ECOMMERCE PRIVATE LIMITED facilitates delivery through third-party Delivery Partners and is not responsible for their actions or misconduct.
    • Customer Claims: The Restaurant Partner is responsible for any customer claims arising from delays in handing over orders to Delivery Partners.

9. Logistics Services :

  • Delivery Responsibility: TOWNY ECOMMERCE PRIVATE LIMITED is not responsible for delivery issues unless the Restaurant Partner has opted for Logistics Services. Even then, TOWNY ECOMMERCE PRIVATE LIMITED's responsibility is limited to ensuring the correct number of items in each order. The Restaurant Partner remains solely responsible for the quality and quantity of the food.
  • Delivery Partner Liability: TOWNY ECOMMERCE PRIVATE LIMITED is not liable for any actions or misconduct of Delivery Partners, including theft, illegal activities, or vandalism.
  • Customer Claims: The Restaurant Partner is responsible for any customer claims arising from delays in handing over orders to Delivery Partners.
  • Delivery Charges: TOWNY ECOMMERCE PRIVATE LIMITED may charge customers Delivery Charges and Delivery Surcharges for order delivery.
  • Facilitator Role: TOWNY ECOMMERCE PRIVATE LIMITED acts as a facilitator by connecting Restaurant Partners with Delivery Partners. It is not liable for any illegal or unlawful activities of Delivery Partners.
  • Web Dashboard: TOWNY ECOMMERCE PRIVATE LIMITED will provide a web dashboard to Restaurant Partners who have a designated device, high-speed internet, and speakers.

 

3.Restaurant Partner's Obligations

Restaurant Partner's Obligations:

  1. Fair Treatment of Customers: The Restaurant Partner must treat all customers equally, regardless of whether they order through the Platform or directly.
  2. Fair Treatment of Delivery Partners: The Restaurant Partner must treat all Delivery Partners fairly and respectfully, without discrimination based on protected characteristics.
  3. Tax Compliance: The Restaurant Partner must ensure that all applicable taxes and charges are clearly displayed on customer invoices for non-Restaurant Service items. For Restaurant Services, TOWNY ECOMMERCE PRIVATE LIMITED will generate tax invoices.
  4. Accurate Information: The Restaurant Partner must provide accurate and up-to-date information to TOWNY ECOMMERCE PRIVATE LIMITED, including menu items, pricing, operating hours, and contact details.
  5. Menu Item Categorization: The Restaurant Partner must accurately categorize menu items as Restaurant Services or Pre-Packaged Goods, taking responsibility for any misclassification.
  6. Content Ownership: The Restaurant Partner must ensure that all content provided to TOWNY ECOMMERCE PRIVATE LIMITED is original or legally licensed.
  7. Order Processing: The Restaurant Partner must process and fulfill orders promptly.
  8. Platform Usage: The Restaurant Partner must disable the "Accepting Delivery" feature when unable to fulfill orders.
  9. Customer Experience: The Restaurant Partner must maintain a high standard of service to avoid negative customer experiences, which may lead to actions by TOWNY ECOMMERCE PRIVATE LIMITED.
  10. Order Modifications: The Restaurant Partner must inform TOWNY ECOMMERCE PRIVATE LIMITED of any customer-requested order modifications.
  11. Order Cancellations: The Restaurant Partner will not receive payment for orders canceled by customers.
  12. Payment Verification: For online orders with self-delivery, the Restaurant Partner must collect a signed receipt from the customer to verify payment.
  1. Order Delivery Records: The Restaurant Partner must retain proof of order delivery for 180 days.
  2. Delivery Personnel: The Restaurant Partner must ensure that delivery personnel are trained, safe, and respectful. The Restaurant Partner is liable for any claims arising from its delivery operations.
  3. Food Quality and Safety: The Restaurant Partner must ensure that food and beverages are of high quality, safe for consumption, and compliant with all relevant food safety regulations.
  4. Optional Services: If the Restaurant Partner avails optional services, they must adhere to the specific terms and conditions of those services.
  5. Customer Communication: The Restaurant Partner must communicate with customers if orders cannot be processed as requested or if clarification is needed.
  6. Customer Complaint Resolution: The Restaurant Partner must promptly address customer complaints related to food quality, quantity, taste, delivery, and special requests.
  7. Menu Accuracy: The Restaurant Partner must remove unavailable menu items from the Platform.
  8. Delivery Responsibility: The Restaurant Partner is responsible for delivering orders, unless Logistics Services are availed.
  9. Platform Liability: TOWNY ECOMMERCE PRIVATE LIMITED is not liable for the quality of Restaurant Services, order processing, or delivery (unless Logistics Services are provided). The Restaurant Partner is solely responsible for these aspects.
  10. Order Fulfillment: The Restaurant Partner must ensure that orders are accurate, properly packaged, and suitable for delivery.
  11. Delivery Personnel Management: The Restaurant Partner must ensure that delivery personnel are properly trained, background-checked, and compliant with all relevant regulations.
  12. Order Packaging: The Restaurant Partner must not commingle orders and must use appropriate packaging materials, avoiding single-use plastics.
  13. Customer Complaint Resolution: The Restaurant Partner must promptly address customer complaints referred by TOWNY ECOMMERCE PRIVATE LIMITED.
  14. Document Submission: The Restaurant Partner must provide necessary documents like PAN, TAN, GSTIN, FSSAI license, etc., to TOWNY ECOMMERCE PRIVATE LIMITED.
  15. Order Handover: If availing Logistics Services, the Restaurant Partner must hand over orders to Delivery Partners in appropriate packaging.
  16. Single-Use Plastic Compliance: The Restaurant Partner must comply with single-use plastic bans and avoid using such materials in packaging.
  17. Order Readiness: The Restaurant Partner must ensure orders are ready for pickup by Delivery Partners within the specified time.
  18. Customer Payments: The Restaurant Partner must not solicit additional payments from customers beyond the agreed-upon order amount.
  19. Customer Data Privacy: The Restaurant Partner must not misuse customer data for unsolicited marketing.
  20. Fraud Prevention: The Restaurant Partner must not engage in fraudulent activities or misuse benefits provided by TOWNY ECOMMERCE PRIVATE LIMITED.
  21. Fee Transparency: The Restaurant Partner must not charge customers additional delivery or payment mechanism fees unless they are responsible for delivery.
  22. Delivery Responsibility: The Restaurant Partner is responsible for order delivery in hybrid models where Logistics Services are not availed through TOWNY ECOMMERCE PRIVATE LIMITED.
  23. App Updates: The Restaurant Partner must keep the Merchant Application updated.
  24. Asset Liability: The Restaurant Partner is responsible for any assets provided to Delivery Partners, including POS machines and bags.
  25. Menu Accuracy and Consistency: The Restaurant Partner must maintain accurate and consistent menu information on the Platform to avoid customer confusion.
  26. Additional Charges: The Restaurant Partner must not charge customers for anything beyond food, beverages, and packaging.
  27. Menu Consistency: The Restaurant Partner must ensure that menu items listed for delivery through the Platform is available consistently on all days .                                        

40.Restaurant Partner Device:

  • Device Usage: The Restaurant Partner must maintain a functional mobile device or computer with internet connection to receive and process orders, provide delivery estimates, and communicate with the Service Operator.
  • Order Acceptance: The Restaurant Partner may decline orders but must not use alternative channels to solicit the same orders, bypassing the Platform.

41.Promotions:

  • Promotion Terms: These terms apply to Restaurant Partner participation in promotions offering discounts or offers to customers.
  • Promotion Control: The Restaurant Partner determines and implements promotions at its sole discretion.
  • Promotion Cost: The Restaurant Partner bears the full cost of any discounts or offers provided.
  • Promotion Modification: Promotions, once activated, cannot be modified during their validity period but can be replaced with new promotions.
  • Promotion Suspension: The Restaurant Partner may suspend or revoke promotions at any time.
  • Promotion Combination: Promotions can be combined with other offers from the Restaurant Partner, TOWNY ECOMMERCE PRIVATE LIMITED, or third parties.
  • Indemnification: The Restaurant Partner agrees to indemnify TOWNY ECOMMERCE PRIVATE LIMITED for any claims or damages arising from the Restaurant Partner's failure to honor promotions or breach of applicable laws.
  • TOWNY ECOMMERCE PRIVATE LIMITED's Role: TOWNY ECOMMERCE PRIVATE LIMITED has no direct responsibility for promotions and is not liable for any claims related to them.
  • Promotion Approval: TOWNY ECOMMERCE PRIVATE LIMITED has the right to approve, reject, or remove promotions.
  • Promotion Placement: TOWNY ECOMMERCE PRIVATE LIMITED will determine the placement of promotions on the Platform.
  • Promotion Performance: TOWNY ECOMMERCE PRIVATE LIMITED does not guarantee the success of promotions.
  • Legal Compliance: The Restaurant Partner is solely responsible for ensuring that promotions comply with all applicable laws.
  • Term and Termination: The promotion arrangement can be terminated by either party, with or without notice.
  • Modification: TOWNY ECOMMERCE PRIVATE LIMITED may modify the Promotion Terms with prior notice.
  • Discontinuation: TOWNY ECOMMERCE PRIVATE LIMITED may discontinue promotions at any time, with or without notice.
  • Term and Conditions: The Terms and Conditions remain in effect, and these Promotion Terms are additional to them.
  • Support: For questions or assistance regarding promotions, the Restaurant Partner can contact the help center on the Merchant Application.

 

 

 

 

4.License

The Restaurant Partner grants TOWNY ECOMMERCE PRIVATE LIMITED a non-exclusive, royalty-free license to use the Restaurant Partner's Content and Information for the following purposes:

  • Platform Inclusion: To include the Restaurant Partner's information on the Platform.
  • Marketing and Advertising: To use the Restaurant Partner's name in Google Ads and other marketing materials to promote food ordering and delivery.
  • Derivative Works: To create derivative works based on the Restaurant Partner's marketing materials.

Non-Confidential Information: Any information provided by the Restaurant Partner to TOWNY ECOMMERCE PRIVATE LIMITED is considered non-confidential, subject to data protection laws.

Global License: The Restaurant Partner grants TOWNY ECOMMERCE PRIVATE LIMITED a worldwide, perpetual, irrevocable, and non-exclusive license to use, modify, and distribute the Restaurant Partner's Content and Information to provide Services and promote the Platform.

Customer Reliance: The Restaurant Partner acknowledges that customers may rely on the information provided to make informed purchase decisions.         

 

5.Restaurant Partner Menu and Price List

Menu and Prices:

  • Platform Display: TOWNY ECOMMERCE PRIVATE LIMITED will display your menu and prices on the Platform.
  • Menu Modification: TOWNY ECOMMERCE PRIVATE LIMITED reserves the right to modify or remove menu items to comply with food safety regulations and other applicable laws.
  • Price Updates: TOWNY ECOMMERCE PRIVATE LIMITED will strive to update your prices within 48 hours of notification via email, WhatsApp, or phone.
  • Pre-Packaged Goods: You must provide a separate list of pre-packaged goods for the Platform in a format acceptable to TOWNY ECOMMERCE PRIVATE LIMITED.
  • Pre-Packaged Goods Shelf Life: Pre-packaged goods must have a shelf life of at least 30% (or 45 days) remaining upon delivery to customers.
  • Competitive Pricing: You agree to offer prices on the Platform that are equal to or lower than those offered through your other channels (dine-in, takeaway, delivery, etc.). This includes food, beverages, and packaging costs.
  • Portion Size Pricing: If you offer different portion sizes on the Platform compared to your other channels, the pricing must be proportionate or lower on the Platform.
  • Non-Compliance: Failure to maintain competitive pricing may result in TOWNY ECOMMERCE PRIVATE LIMITED taking action according to their policies.
  • Maximum Retail Price (MRP): You cannot charge more than the MRP for any food or beverage items with an MRP.
  • Fraudulent Orders: You agree to report any suspected fraudulent orders to TOWNY ECOMMERCE PRIVATE LIMITED for investigation.
  • Marketing Activities: TOWNY ECOMMERCE PRIVATE LIMITED may promote your restaurant and menu, with the sole discretion to modify or update the Platform for such purposes.

6.Payment and Order Fulfillment Terms

Payment Mechanisms:

  • Payment Options: TOWNY ECOMMERCE PRIVATE LIMITED offers customers multiple payment options, including cash on delivery, electronic payments, and voucher/coupon redemptions.
  • Monthly Invoicing: TOWNY ECOMMERCE PRIVATE LIMITED will send the Restaurant Partner a monthly invoice within 7 days of the month's end, detailing the Service Fee, Payment Mechanism Fee, refund charges, and other applicable amounts.
  • Tax Invoicing: Invoices will be issued from TOWNY ECOMMERCE PRIVATE LIMITED's respective state-registered offices to comply with GST laws.
  • Tax Liability: All amounts payable by the Restaurant Partner to TOWNY ECOMMERCE PRIVATE LIMITED are exclusive of taxes, which will be charged separately.

Online Payment Orders:

  • Payment Compliance: The Restaurant Partner must not accept additional payments from customers who have already paid online.
  • Order Fulfillment: The Restaurant Partner must follow all special instructions on the order receipt or communicated by the Service Operator.
  • Problem Order Liability: If a customer receives a bad quality product or a delayed delivery, and TOWNY ECOMMERCE PRIVATE LIMITED refunds the order amount, the Restaurant Partner will not be paid for that order. TOWNY ECOMMERCE PRIVATE LIMITED may deduct the refunded amount from future payments to the Restaurant Partner.
  • Fraudulent Orders: The Restaurant Partner must disclose any suspected fraudulent orders to TOWNY ECOMMERCE PRIVATE LIMITED.
  • Fraud Prevention: TOWNY ECOMMERCE PRIVATE LIMITED will promptly inform its bank of any suspected fraud.

 

Payment Settlement:

  • Payment Deductions: TOWNY ECOMMERCE PRIVATE LIMITED will deduct the following amounts from the Order Value before remitting the balance to the Restaurant Partner:
    • Service Fee
    • Payment Mechanism Fee
    • Taxes collected on Restaurant Services
    • Other applicable charges
  • Payment Remittance: TOWNY ECOMMERCE PRIVATE LIMITED will remit the net Order Value to the Restaurant Partner either weekly or within 24 hours of a withdrawal request, subject to adjustments for refunds or disputed orders.
  • Set-Off Rights: TOWNY ECOMMERCE PRIVATE LIMITED reserves the right to set off any amounts owed by the Restaurant Partner or its affiliates to any TOWNY ECOMMERCE PRIVATE LIMITED Group Company against the net Order Value.

7.Charges:

  • Service Fee: TOWNY ECOMMERCE PRIVATE LIMITED sets and collects item prices from customers. The difference between the selling price and the Restaurant Partner's cost is considered a service fee.
  • Payment Gateway Fees: The Restaurant Partner is responsible for payment gateway fees associated with orders processed through the Platform.
  • Refund Costs: The Restaurant Partner may be liable for costs incurred by TOWNY ECOMMERCE PRIVATE LIMITED for refunds issued due to issues like poor food quality or incorrect items.

8.Taxes:

  • Restaurant Partner's Tax Liability: The Restaurant Partner is responsible for all taxes related to non-Restaurant Service items and the use of the Platform.
  • Tax Collection and Remittance: TOWNY ECOMMERCE PRIVATE LIMITED may collect taxes on behalf of the Restaurant Partner and remit them to the appropriate authorities.
  • Restaurant Service Tax: For Restaurant Services, TOWNY ECOMMERCE PRIVATE LIMITED is responsible for collecting and remitting taxes.
  • TCS (Tax Collected at Source): TOWNY ECOMMERCE PRIVATE LIMITED collects TCS on Gross Sales (less taxes on non-Restaurant Service items) and remits it to the government. The Restaurant Partner is responsible for reconciling TCS with tax statements provided by TOWNY ECOMMERCE PRIVATE LIMITED.
  • TDS (Tax Deducted at Source): TOWNY ECOMMERCE PRIVATE LIMITED deducts TDS on the amount paid to the Restaurant Partner. The Restaurant Partner is responsible for reconciling TDS with the certificate provided by TOWNY ECOMMERCE PRIVATE LIMITED.

Note:

  • The Restaurant Partner should ensure accurate information is provided to TOWNY ECOMMERCE PRIVATE LIMITED for correct tax calculations and remittances.
  • Any discrepancies in tax returns should be reported to TOWNY ECOMMERCE PRIVATE LIMITED within 15 days of receiving the TDS certificate.
  • TOWNY ECOMMERCE PRIVATE LIMITED is not liable for any tax benefits the Restaurant Partner may miss due to incorrect information.

 

9.Confidentiality:

  • TOWNY ECOMMERCE PRIVATE LIMITED's Confidentiality: TOWNY ECOMMERCE PRIVATE LIMITED will not share the Restaurant Partner's information with third parties, except as required by law or for providing Services.
  • Restaurant Partner's Confidentiality: The Restaurant Partner will not disclose confidential information about TOWNY ECOMMERCE PRIVATE LIMITED, including business strategies, pricing, customer data, and order information.

10.Warranty and Indemnity:

  • Business Continuity: The Restaurant Partner must inform TOWNY ECOMMERCE PRIVATE LIMITED if it ceases operations or is unable to fulfill orders.
  • Product Safety: The Restaurant Partner must not sell hazardous food, alcohol, tobacco products, or other prohibited items.
  • Platform Performance: TOWNY ECOMMERCE PRIVATE LIMITED will use reasonable care to maintain the Platform and its services.
  • Regulatory Compliance: The Restaurant Partner must comply with all applicable food safety, legal metrology, and other relevant laws and regulations.
  • License Compliance: The Restaurant Partner must obtain and maintain all necessary licenses and registrations.
  • Indemnification: The Restaurant Partner agrees to indemnify TOWNY ECOMMERCE PRIVATE LIMITED for any claims or damages arising from:
    • Customer complaints not related to the Platform's services
    • Content or information provided by the Restaurant Partner
    • Restaurant Services and deliveries
    • Tax liabilities
    • Quality of Restaurant Services
    • Product safety and liability
    • Fraudulent or misleading information
    • Misuse of Customer Data

11.Tax Liability: The Restaurant Partner is responsible for taxes on non-Restaurant Service items and indemnifies TOWNY ECOMMERCE PRIVATE LIMITED against any tax liabilities arising from these transactions.

 

  • 12.Customer Data:
  • The Restaurant Partner agrees to use Customer Data solely for order fulfillment and complies with data privacy regulations. The Restaurant Partner will not share, sell, or misuse Customer Data.
  • 13.Term and Termination:
  • The agreement starts on the Execution Date and can be terminated by either party without notice. TOWNY ECOMMERCE PRIVATE LIMITED may terminate the agreement or suspend Services if the Restaurant Partner fails to comply with the Terms or engages in fraudulent or suspicious activity.
  • 14.Disclaimers:
  • TOWNY ECOMMERCE PRIVATE LIMITED disclaims all warranties, express or implied, regarding the Platform and its Services. TOWNY ECOMMERCE PRIVATE LIMITED is not liable for errors, inaccuracies, interruptions, or damages arising from the use of the Platform or Services.
  • 15.Limitations of Liability:
  • TOWNY ECOMMERCE PRIVATE LIMITED's liability is limited to the total value of the order in question. TOWNY ECOMMERCE PRIVATE LIMITED is not liable for indirect, consequential, or special damages. While TOWNY ECOMMERCE PRIVATE LIMITED will strive to minimize operational errors, it cannot guarantee their complete absence.

16.Miscellaneous:

  1. Governing Law and Dispute Resolution: Indian law governs this agreement, and disputes will be resolved in New Delhi courts. Parties will attempt to resolve disputes amicably first.
  2. Waiver: Failure to enforce a right does not constitute a waiver of that right.
  3. Severability: If any provision of this agreement is invalid, the remaining provisions will remain in effect.
  4. Third-Party Rights: This agreement does not confer rights on third parties.
  5. Assignment: The Restaurant Partner cannot assign or transfer its rights or obligations under this agreement.
  6. Independent Contractor Relationship: The parties are independent contractors, not partners or joint venturers.
  7. Business Transfer: The Restaurant Partner consents to the transfer of its information to a potential buyer of TOWNY ECOMMERCE PRIVATE LIMITED's business.
  8. Privacy Policy: The Restaurant Partner agrees to comply with TOWNY ECOMMERCE PRIVATE LIMITED's privacy policy and protect Customer Data.
  9. Modifications: TOWNY ECOMMERCE PRIVATE LIMITED may modify these Terms, and the Restaurant Partner agrees to be bound by such modifications. TOWNY ECOMMERCE PRIVATE LIMITED may also modify the Services, and the Restaurant Partner's continued use of the Services signifies acceptance of such modifications.