Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Harkara mobile applications, website, APIs, and related services (collectively referred to as the “Platform”), operated by Harkara AI Private Limited, an Indian company (hereinafter referred to as “Harkara”, “we”, “our”, or “us”).

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform.

1. About Harkara

Harkara is a technology platform that enables users to:

• Discover restaurants
• Make reservations
• Pre-order food
• Order takeaway
• Access ingredient and kitchen transparency disclosures
• Provide structured dining feedback

Harkara also provides software tools for restaurant partners to manage:

• Menus
• Reservations
• Pickup orders
• Ingredient disclosures
• Kitchen practice transparency

Harkara does not prepare, sell, or deliver food and acts solely as a technology intermediary platform connecting users and restaurant partners.

2. Eligibility

You may use the Platform only if:

• You are 18 years of age or older, or
• You use the Platform under supervision of a legal guardian.

By using the Platform you confirm that:

• You have legal capacity to enter into contracts under the Indian Contract Act, 1872
• You will comply with all applicable laws and regulations

3. Definitions

4. Nature of Harkara Services

Harkara provides a technology platform for restaurant discovery and ordering. Harkara does not manufacture, prepare, or sell food; does not control restaurant operations; and does not guarantee ingredient accuracy or kitchen practices.

Restaurant partners are solely responsible for:

• Food safety and kitchen hygiene
• Ingredient accuracy and FSSAI regulation compliance
• Menu pricing, food preparation, and service quality

5. Ingredient Transparency and Trust Signals

The Platform allows restaurants to disclose operational signals such as cooking oils, ingredient sourcing, sweeteners, freezer usage, and kitchen practices. These disclosures are provided directly by restaurant partners.

Harkara does not independently verify or certify these claims unless explicitly stated. Customers acknowledge that:

• Transparency signals are informational only
• Harkara is not liable for inaccuracies in restaurant disclosures

6. Orders and Reservations

When you place an order or reservation, you enter into a direct agreement with the restaurant. Harkara acts solely as a technology intermediary. Restaurants are solely responsible for order fulfillment, food preparation, pricing accuracy, cancellations, and refunds where applicable. Harkara may facilitate payments and communications but is not a party to the food transaction.

7. Zero Wait Dine-In Feature

Harkara may provide features enabling users to pre-order food before arriving at a restaurant. Food preparation timing may be triggered using estimated arrival data. Harkara does not guarantee exact preparation timing, availability of menu items, or service speed.

8. Restaurant Partner Responsibilities

Restaurant partners agree to provide accurate information, comply with FSSAI regulations, maintain food safety and hygiene, ensure menu prices are correct, and disclose ingredient practices truthfully. Restaurant partners remain solely liable for food safety, regulatory compliance, food quality, and customer complaints regarding food.

9. User Content and Feedback

Customers may submit dining feedback, ratings, comments, and images. By submitting content, you grant Harkara a worldwide, royalty-free, perpetual, and irrevocable license to use, display, and distribute the content on the Platform. Users must not submit content that is defamatory, misleading, fraudulent, abusive, or unlawful. Harkara may remove any content that violates these Terms.

10. Platform Fees

Harkara may charge platform fees, service fees, subscription fees, or reservation fees for certain features of the Platform. All fees will be displayed before payment.

11. Payments

Payments may be processed via third-party payment gateways. Harkara does not store full payment card details. Payments are subject to the policies of payment providers and RBI guidelines.

12. Cancellation and Refund Policy

13. QR Code Table Ordering

Harkara enables restaurants to create QR codes for individual tables. When you scan a restaurant’s QR code:

• You can view the restaurant’s menu on a web browser
• You must provide name, email, and phone number to place an order
• OTP verification is required via your phone number
• Your order is transmitted directly to the restaurant
• Payment is processed at the restaurant or through the Platform

By using QR code ordering, you agree to:

• Provide accurate contact information
• Receive OTP and order-related communications
• Share your information with the restaurant for order fulfillment

QR code orders are subject to the same terms as regular Platform orders.

14. GPS-Based Arrival Tracking

For pickup and dine-in pre-orders, the Platform uses GPS to:

• Track your real-time location after order placement
• Share your estimated arrival time with the restaurant
• Enable the restaurant to begin preparation based on your proximity

By placing a pre-order, you consent to:

• Real-time GPS tracking until order completion
• Sharing of your location with the restaurant partner
• Automated preparation triggers based on your ETA

You may disable location services, but this may result in:

• Food not being ready upon arrival
• Manual coordination required with restaurant

Harkara is not liable for preparation timing issues if GPS is disabled or location data is inaccurate.

15. AI-Generated Nutritional Information

The Platform displays estimated nutritional information for menu items using artificial intelligence.

Harkara disclaims all liability for:

• Inaccuracies in AI-generated nutritional information
• Health consequences from relying on estimated values
• Allergic reactions or dietary complications

Restaurants are responsible for providing accurate dish descriptions that inform nutritional estimates.

16. Intellectual Property

All rights related to the Platform including software, trademarks, logos, design, algorithms, and content created by Harkara are owned by Harkara AI Private Limited. Users may not copy, scrape, reverse engineer, reproduce, or commercially exploit any part of the Platform.

17. Prohibited Uses

Users must not create fake accounts, manipulate ratings, post false reviews, scrape the Platform, disrupt platform functionality, upload malicious code, or impersonate others. Violation may result in account suspension.

18. Privacy

Use of the Platform is governed by the Harkara Privacy Policy, which complies with the Digital Personal Data Protection (DPDP) Act, 2023, and the Information Technology Act, 2000. Personal data will be processed only for service delivery and platform functionality.

19. Disclaimer of Warranties

The Platform is provided “as is” and “as available.” Harkara does not guarantee uninterrupted access, error-free operation, accuracy of restaurant disclosures, availability of menu items, or service quality at restaurants.

20. Limitation of Liability

To the maximum extent permitted by law, Harkara AI Private Limited, including its directors, employees, officers, and affiliates, shall not be liable for food quality issues, restaurant service failures, inaccurate ingredient disclosures, delays in orders, or indirect or consequential damages. Total liability shall not exceed the amount paid by the user for the specific transaction.

21. Indemnification

You agree to indemnify and hold harmless Harkara AI Private Limited, its directors, employees, and affiliates from any claims arising from misuse of the Platform, violation of these Terms, or submission of unlawful content.

22. Account Suspension

Harkara may suspend or terminate accounts that violate these Terms, engage in fraud, misuse the Platform, or create security risks.

23. Governing Law

These Terms shall be governed by the laws of India. Any disputes shall be subject to the exclusive jurisdiction of courts in Jaipur, Rajasthan, India, unless otherwise required by applicable law.

24. Changes to Terms

Harkara may update these Terms from time to time. Continued use of the Platform after changes constitutes acceptance of the revised Terms.

25. Contact Information