Restaurant Partner Agreement & Platform Guidelines

This Restaurant Partner Agreement (“Agreement”) governs the relationship between Harkara AI Private Limited, including its subsidiaries, affiliates, directors, officers, employees, contractors, agents, and service providers (collectively referred to as “Harkara”, “we”, “our”, or “us”) and any restaurant, café, food service establishment, cloud kitchen, bakery, or food business registering or operating on the Harkara platform (“Restaurant Partner”, “Partner”, “you”).

By registering, listing, or operating on the Harkara platform, you agree to be bound by this Agreement.

1. Nature of the Platform (Marketplace Intermediary)

Harkara operates as a digital technology marketplace platform that enables users to:

• discover restaurants
• make reservations
• place pickup orders
• access ingredient transparency signals
• provide dining feedback.

Harkara provides software tools for restaurant partners to:

• manage menus
• receive orders
• manage reservations
• disclose ingredient and kitchen practices
• view analytics and operational insights.

Harkara does not prepare, cook, package, store, or deliver food and does not control restaurant operations. Restaurants operate as independent businesses. Harkara acts solely as an intermediary technology service provider and is not the seller, manufacturer, or distributor of food items listed on the platform.

2. Restaurant Partner Eligibility

To participate on the platform, restaurant partners must:

• operate legally under applicable laws
• possess valid licenses required to operate a food business
• hold a valid FSSAI license where applicable
• comply with GST regulations and tax laws
• provide accurate business information.

Harkara may request documentation including FSSAI license, GST registration, government ID, or business registration. Harkara reserves the right to approve, reject, suspend, or remove restaurant listings at its discretion.

3. Restaurant Responsibilities

Restaurant partners are solely responsible for:

• food preparation, quality, safety, and hygiene
• ingredient sourcing, storage, and staff conduct
• menu accuracy, order fulfillment, and pricing accuracy
• compliance with food safety regulations and all applicable laws.

Restaurants must comply with applicable laws including the Food Safety and Standards Act, 2006; the Consumer Protection Act, 2019; Goods and Services Tax laws; and local municipal regulations. Harkara has no control over restaurant kitchens, food preparation, or restaurant staff.

4. Menu Accuracy and Pricing

Restaurants must ensure that all menu listings include accurate food descriptions, pricing, correct ingredient information, and current availability. Restaurants may choose whether prices displayed on Harkara are GST inclusive or GST exclusive. Restaurants are responsible for issuing GST-compliant invoices to customers where applicable.

5. Orders and Reservations

Customers may place orders or reservations through Harkara. For such transactions, the restaurant enters into a direct contract with the customer; Harkara only facilitates the digital interface. Restaurants must confirm orders promptly, prepare orders accurately, and fulfill reservations responsibly. Restaurants remain responsible for handling cancellations, refunds, and customer complaints related to food.

6. Payments and Settlements

Payments may be processed through Harkara’s payment integrations. Harkara may deduct platform fees, payment processing fees, and commissions where applicable. Restaurant payouts may be settled weekly, bi-weekly, or on another schedule determined by Harkara. Settlement reports will be available through the restaurant dashboard. Restaurants remain responsible for all GST filings, tax compliance, and financial reporting obligations.

7. Restaurant Transparency Policy

Restaurants may disclose operational transparency signals including cooking oils used, ingredient sourcing, dairy sources, sweeteners used, preservatives used, freezer usage, flour types, and kitchen hygiene practices. Restaurants are solely responsible for ensuring these disclosures are truthful, accurate, and not misleading. Harkara does not independently verify all claims. If misleading disclosures are detected, Harkara may remove transparency signals, adjust restaurant visibility, or suspend restaurant accounts.

8. Trust Signals and Behavioral Feedback

Harkara may generate trust indicators using aggregated signals including repeat visits, sensory feedback, and post-meal experience feedback. These signals are designed to improve transparency and discovery but do not constitute certification or endorsement of food quality.

9. Review Integrity and Manipulation Policy

Restaurants must not manipulate feedback on the platform. Prohibited activities include offering incentives for reviews, requesting positive reviews, creating fake accounts, or using agencies to manipulate ratings. Violation may result in the removal of reviews, ranking penalties, or account suspension or termination.

10. Customer Data Protection

Restaurants may receive limited customer data necessary to fulfill orders or reservations. Restaurants must use customer information only for service fulfillment, not store or reuse data without consent, and not sell or share customer data. Misuse of customer data may result in termination.

11. Food Safety and Health Disclaimer

Restaurants are solely responsible for food safety, ingredient accuracy, hygiene standards, and compliance with food safety laws. Harkara does not verify food preparation or ingredients. Harkara shall not be liable for food poisoning, allergic reactions, contamination, or hygiene violations. Restaurants agree to indemnify Harkara for any claims arising from such incidents.

12. Insurance

Restaurants are responsible for maintaining appropriate insurance coverage where required by law, including product liability insurance, public liability insurance, and food safety insurance where applicable. Harkara may request proof of such insurance.

13. Intellectual Property

Restaurants retain ownership of their brand name, logos, menus, and images. Restaurants grant Harkara a non-exclusive license to display these materials for the operation of the platform.

14. Platform Moderation and Content Control

Harkara may moderate or remove content including restaurant listings, menus, images, transparency claims, or user feedback. Moderation may occur if content violates policies, creates legal risk, or contains misleading information.

15. Indemnification

Restaurant partners agree to indemnify and hold harmless Harkara and its directors, officers, employees, contractors, and affiliates from any claims arising from food safety incidents, inaccurate ingredient disclosures, regulatory violations, or disputes with customers.

16. Limitation of Liability

To the maximum extent permitted by law, Harkara shall not be liable for restaurant food quality, restaurant service quality, inaccurate ingredient claims, restaurant staff conduct, or disputes between restaurants and customers. Harkara’s total liability shall not exceed the platform fees received from the restaurant in the preceding three months.

17. Suspension and Termination

Harkara may suspend or terminate restaurant accounts if this Agreement is violated, fraudulent activity is detected, misleading information is posted, or legal risks arise. Restaurants may request account removal at any time.

18. Force Majeure

Harkara shall not be liable for delays or failures caused by events beyond its control including natural disasters, internet outages, government restrictions, pandemics, or technical failures.

19. Governing Law

This Agreement shall be governed by the laws of India. All disputes shall be subject to the exclusive jurisdiction of courts located in Jaipur, Rajasthan, India.

PART 3: RESTAURANT PARTNER AGREEMENT — REVISED SECTIONS

20. Commission and Fees

Platform Fees and Commission Structure

20.1 Commission Rate

Harkara charges a commission of 10% (ten percent) on the total food order value (excluding taxes and packaging charges).

20.2 GST on Commission

GST at 18% is applicable on the commission amount and will be added to the commission deduction.

20.3 Settlement Process

• All restaurant partners must complete KYC verification through Razorpay
• Settlements are processed directly to registered bank accounts via Razorpay
• Settlement frequency: Daily
• Settlement reports available on partner dashboard

20.4 Bank Account Requirements

Restaurants must provide:

• Valid bank account in the name of the registered business
• Correct IFSC code
• PAN for KYC verification
• Cancelled cheque or bank statement for verification

Bank details are stored securely by Razorpay. Harkara does not store complete bank account information.

20.5 Fee Revisions

Harkara may revise commission rates with 30 days prior written notice. Continued use after notice period constitutes acceptance.

21. KYC and Verification Requirements

To receive payouts, restaurant partners must complete KYC verification through Razorpay, including:

Mandatory Documents:

• Valid FSSAI License (must be displayed on Platform)
• GST Registration Certificate
• PAN Card (Business or Proprietor)
• Bank Account Proof (Cancelled cheque/Bank statement)
• Business Registration Documents (as applicable)
• Government ID of authorized signatory

Verification Process:

• KYC is processed by Razorpay
• Verification typically completes within 2–3 business days
• Payouts are held until KYC is approved
• Re-verification may be required if documents expire

FSSAI License Display:

• FSSAI license number must be displayed on restaurant listing
• Expired licenses will result in listing suspension
• Restaurants must update license details before expiry

GST Compliance:

• Restaurants are responsible for GST invoicing to customers
• Restaurants must file their own GST returns
• Harkara will issue GST-compliant invoices for commission charged

22. QR Code Table Ordering Feature

Harkara provides QR code generation for table ordering:

Feature Details:

• Restaurants can generate unique QR codes for each table
• Customers scan QR to view menu and place orders
• Orders are received through the restaurant dashboard

Restaurant Responsibilities:

• Print and display QR codes appropriately
• Ensure QR codes link to current, accurate menus
• Process QR orders with same priority as app orders
• Handle customer inquiries related to QR orders

Customer Data from QR Orders:

• Customer name, email, and phone number are collected
• Phone number verified via OTP
• Data shared with restaurant for order fulfillment
• Restaurant must handle this data per Customer Data Protection clause

Commission:

Standard commission applies to QR code orders.

23. Order Cancellation and Refund Responsibilities

23.1 Pickup Orders

Customer Cancellation Before Acceptance:

• Order cancelled automatically
• Full refund processed by Harkara

Customer Request After Acceptance:

• Restaurant has sole discretion to approve/deny
• If approved, restaurant must initiate refund request
• Harkara will process refund and adjust settlement accordingly
• Restaurant bears the cost of approved refunds

23.2 Dine-In Reservations with Pre-Orders

• These orders CANNOT be cancelled by customers
• No-shows: Restaurant retains full order value
• Harkara commission applies regardless of no-show

23.3 Restaurant-Initiated Cancellations

If restaurant cancels an accepted order:

• Full refund to customer is mandatory
• Repeated cancellations may result in ranking penalties or suspension
• Cancellation rate is tracked and affects restaurant visibility

23.4 Refund Processing

• Refunds are deducted from upcoming settlements
• If settlement balance is insufficient, restaurant must clear dues within 7 days
• Failure to clear dues may result in account suspension

24. Customer GPS Data and Arrival-Based Preparation

For pickup and dine-in pre-orders:

Data Shared with Restaurant:

• Customer’s real-time GPS location
• Estimated time of arrival (ETA)
• Distance from restaurant

Purpose:

• Enable timely food preparation
• Reduce customer wait time
• Optimize kitchen operations

Restaurant Responsibilities:

• Use GPS data solely for order preparation timing
• Do not store customer location data beyond order completion
• Do not use location data for marketing or other purposes
• Delete location data immediately after order fulfillment

Privacy Compliance:

• GPS tracking is disclosed to customers and consent obtained
• Restaurants must handle location data per applicable privacy laws
• Misuse of location data may result in termination

25. AI-Generated Nutritional Information

Feature Description:

• When restaurants add or update dishes, Harkara uses Google Gemini API to generate estimated nutritional information
• Nutritional data includes: Calories, Protein, Carbohydrates, Fiber, Fat

Restaurant Acknowledgments:

• Nutritional values are AI-generated estimates only
• Values are not laboratory-tested or certified
• Restaurant is responsible for providing accurate dish descriptions
• Inaccurate descriptions will result in inaccurate nutritional data

Disclaimer Display:

• All nutritional information is displayed with “AI Estimated” label
• Customers are advised values are approximate

Restaurant Liability:

• Restaurants are not liable for AI-generated nutritional inaccuracies
• Restaurants remain liable for allergen information and ingredient accuracy
• Customer complaints about nutritional estimates are handled by Harkara