These restaurant / partner brands (Merchant) terms of service ("Merchant Terms") govern the use of our application designed for mobiles and handheld devices (hereinafter referred to as "HOGR App"). Please read these Merchant Terms carefully before your use of the HOGR App.

The HOGR App is owned and operated by HOGR Food Networks Pvt. Ltd., a private limited company incorporated under the Companies Act, 2013 and having its registered office at 607, 8th Main, HAL 3rd,Stage, Indiranagar, New Thippasandra, Bangalore North, Bangalore, Karnataka, India, 560075.

For the purpose of these Merchant Terms, wherever the context so requires, "you", “your” “Partner Brand” or “Restaurant” shall mean the Partner Brand/Restaurant using the HOGR App; and the terms "HOGR", "we", "us" or "our" shall mean HOGR Food Networks Pvt. Ltd.

These Merchant Terms govern your use and access to the HOGR App, products and services. The HOGR App has been built to search and discover restaurants, read and write reviews, view and upload photos / videos, place orders for dining-in / delivery / takeaway, make payments and avail discounts / offers ("Services").

  1. Restaurant Responsibilities: You agree to provide (a) prepared food and beverages, (b) consumer goods and (c) other products and Services ("Restaurant Items") to the end user of the HOGR App (“Customer”). You further agree to comply with all applicable laws, rules, regulations, and standards that pertain to the preparation, marketing, and sale of such Restaurant Items. You will remain solely responsible for the safe preparation and quality of all Restaurant Items and will ensure that all Restaurant Items match the descriptions and other information provided through the HOGR App.
  2. Pricing: You are responsible for determining and setting out the retail price for all Restaurant Items ("Retail Price"), but you agree that you will not set a Retail Price that is higher than the amount you are charging for similar Restaurant Items as available in any competitor apps. You are the “retailer” or “seller” for all Restaurant Items for local and state tax purposes and the responsible party for remittance of applicable sales tax. You are solely responsible for determining all applicable taxes accurately and correctly communicating it to us. We will collect the tax as communicated by you. You are solely responsible for remitting the applicable taxes in a timely manner. We will not independently verify the amount of sales tax or any other applicable taxes in the Restaurant Items. You agree that, at our sole discretion whether or not expressly stated in an applicable invoice, we may collect and remit applicable taxes in jurisdictions where we are considered a marketplace facilitator (or similar designation) and may have sales and use tax collection and remittance obligations under applicable law. You agree that we “HOGR” holds no title or acquires any ownership interest in or to any Restaurant Items that you prepare or provide through the HOGR App.

Payment: In consideration for the Services offered by us, you, the Restaurant undertakes to pay to HOGR commission as per the rates set out in the Letter of Understanding executed between the parties, which commission amount may be determined by way of a percentage of the amount of the net sales (irrespective of the payments mechanism underlying the Order) ("Commission"). With mutual consent, from time to time, we may change the fees / Commission for the Services, including without limitation the Commission rates, fees, delivery fee, service charges or include any additional charges/ fee. We shall communicate such change(s) via email or any other modes of communication, seven (7) days prior to the date that such change(s) are to take effect.

We will generate an invoice (“Invoice”) which shall include but not be limited to the following details: (i) number of orders placed (including no. of items per order and amount for each item); (ii) aggregate gross value of each order completed; (iii) The amount payable towards taxes to be remitted by you (iv) amounts deducted towards corporate and franchising deductions, offers, discounts and similar adjustments; and (v) Commission. The Invoice shall be generated every 2 (two) weeks and you agree to pay the final amount as set out in the Invoice within 3 (Three) days from the receipt thereof. In case of any accounting mismatch, we reserve the right to change, amend, modify, add to or delete the whole or any part of the Invoice at any time that we in our sole discretion require. It is clarified that the Invoice shall include details of the Restaurant Items provided to Customers, through dine-in, delivery and takeaway.

For the avoidance of doubt, the final amount mentioned (which includes Commission) in the Invoice shall be calculated on the aggregate gross value of the entire meal sold by you. We reserve the right to withhold taxes as required by law.

You agree that you will promptly review, confirm all details with regards to the transactions, fees and other charges as set out in the Invoice. The details of each Invoice, transaction, fee and other charges shall be available on the Merchant Dashboard and it is your responsibility to promptly notify us of any discrepancies or other disputes within seven (07) days of receipt of the Invoice. You agree that you will be deemed to have accepted and ratified any such Invoice, transaction, fee or charge if you do not communicate a written claim or objection within the aforesaid period.

1.3                Integration: The Restaurant agrees to (i) integrate its Point of Sales (“POS”) system with the   HOGR App to enable real-time order management and processing. (ii) The Restaurant agrees to update its menu on the HOGR App in real-time through POS system integration. (iii) The Restaurant agrees to manage and fulfil orders placed through HOGR App which shall be integrated with the POS system being used by the Restaurant (in case of food delivery and/or dine-in) (iv) The Restaurant agrees to use the  payment processing system as available on the HOGR App, to accept payments made by Customers on the HOGR App (v) The Restaurant agrees to pay HOGR a commission or fee for each order placed through the HOGR App, this will be deducted from the payment made to the Restaurant. Details of the amount of commission are outlined in Annexure B of this REF. (vi) The Restaurant agrees to share data, including but not limited to, Customer information and order history, with HOGR to provide better customer service. All data will be shared by the Restaurant within 3 (three) days from the date of such request sent by HOGR (vii) HOGR shall provide training and support to the Restaurant to ensure seamless integration and optimal use of the services. (viii) The Restaurant agrees to meet certain technical requirements such as hardware and software compatibility, to ensure successful integration with the HOGR App.

  1. Use: You may use our Services only in compliance with these Restaurant Terms and as permitted by law. Our Services are not designed for use outside India, and by using our Services you are representing to us that you operate within India. You agree not to interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. We may suspend or stop providing our Services to you if you do not comply with any of the provisions of these Restaurant Terms or policies, or if we are investigating suspected misconduct.
  2. Food Safety: By using the Services, you agree to comply with all applicable laws, rules, regulations, and standards that pertain to the preparation, marketing, and sale of food / beverages including all such laws, rules, regulations and standards regarding proper food preparation and menu disclosure and you agree that we are not liable for any preparation of the Restaurant Items in connection with your use of the Services. We do not independently verify and are not liable for any representations made by you regarding your Restaurant Items, including any descriptions, disclosures, or representations made by you in connection with your menu.
  3. Intellectual Property: The Services of the HOGR App are protected by copyright, trademark, trade secret and other Indian intellectual property laws and foreign laws. These Restaurant Terms or your use of our Services do not grant you any right, title or interest in the HOGR App, others' content on the HOGR App, our trademarks, logos or other brand features. You agree to grant and hereby grant to us a non-exclusive, worldwide, royalty-free, transferable, and revocable license to use the trademarks, service marks, trade names, meal names, meal descriptions, logos, designs and other designations, copy, or brands used by you in connection with your business or any other content that you post, upload, share, store, or otherwise provide through the HOGR App ("Restaurant IP"). This license is expressly limited: (i) to use by us in connection with the Services; and (ii) as specifically permitted by you in writing. You are hereby granted a non-exclusive, non-transferable, and revocable license to use the trademarks, service marks, trade names, logos, designs and other designations, copy, or brands used by us in connection with our HOGR App or Services ("HOGR IP") solely for the purpose of promoting our Services on your premises, website, app, provided that you agree to use HOGR IP solely in compliance with any rules and guidelines provided by us from time to time. You also agree to immediately cease all use of the HOGR IP upon a written intimation by us or upon termination or expiration of these Terms. Other than the license to use the HOGR IP granted in this section and except as expressly permitted in connection with the Services hereunder, you are not granted any other right, title, or interest in the HOGR IP or any other intellectual property owned by us.
  4. Data: We will provide you with the aggregate information regarding Restaurant Items, refunds, and other metrics. In addition, you may be provided or have access to personally identifiable information in connection with your use of the Services. All such information is subject to the Privacy Policy, and you agree to abide by the Privacy Policy with respect to such information. In addition, you agree that you will only use the information for fulfilment of orders made through the HOGR App, and not for any other purpose (including marketing).
  5. Communications: In connection with your use of the HOGR App, we may send you service announcements, administrative messages, and other information.
  6. Age Requirement: Our Services are not intended for and may not be used by people under the age of 18 (Eighteen). By using our Services, you are representing to us that you are over 18 (Eighteen).
  7. Payment Processing: We may share the Invoice either directly through the HOGR App and email or use a third-party payment processor (the “Payment Processor”) to share the Invoice via a payment account linked to your account on the HOGR App (“Billing Account”).
  1. In the event the customer uses a Payment Processor, the processing of payments shall be subject to the terms and conditions of the Payment Processor in addition to these Restaurant Terms.
  2. If the event when the customer doesn’t pay via HOGR app & settles the payment with the restaurant in-store, you agree to pay all amounts due on your Billing Account upon demand immediately.

The Restaurant understands and agrees that HOGR shall collect, for and on behalf of the Restaurant, the payments received from the Customers and remit the same to the bank account of the Restaurant in accordance with the Payment Terms set out in the Restaurant Terms, after deductions of discounts, any other charges as mentioned under Annexure B (Schedule of Charges) and GST and other taxes applicable thereon at the prevailing rates.

The Restaurant understands that HOGR shall send consolidated reports of Orders placed and other details regarding the settlement of accounts via monthly Invoice (“Settlement Period”) to the Restaurant in the form of an e-mail and shall also be made available to you through the HOGR App. It shall be the responsibility of the Restaurant to notify HOGR of any change in the e-mail mentioned herein.

  1. Discounts/Deals/Promotions/Offers: Collectively referred to as (“Offer”) shall be subject to the specific terms provided for each Offer, along with following terms and conditions:

For all dine-in Offer(s), Customers are required to be present at the Restaurant while availing such Offer.

Any Offer extended through the HOGR App, shall be valid irrespective of the number of people seated on the table.

The Restaurant shall not receive any commission for any failed/refunded transaction using any of the Offer.

The Restaurant, in partnership with HOGR App, may choose to offer discounts / offers / deals (“Discount”) on specific or all of their products, using the HOGR App. HOGR App has agreed to provide such Discount as per the terms set out in Annexure B and as more elaborately set out in the Restaurant Terms.

  1. Confirmation of Discounts

i. The Restaurant understands and unequivocally authorizes HOGR to run discounts on its online platforms under the name and style, (hereinafter collectively referred to as “Platform”) to the extent of a predetermined value being the maximum discount value on its behalf. The amount of discount extended to the customers on behalf of the Restaurant will be reimbursed by the Restaurant on actuals without demur.

ii. The Restaurant further understands and agrees that HOGR shall formulate and offer various discounts based on results of data analytics and in-built intelligence available with HOGR in order to address various classes of customers. It is hereby clarified that the Restaurant shall independently choose any of these discount schemes after due evaluation including but not limited to financial evaluation.

iii. The Restaurant understands and agrees that HOGR may at its sole discretion choose to discontinue/withdraw the discount schemes to ensure regulatory compliance, as may be made applicable by Government authority. Further, the Restaurant agrees and acknowledges that HOGR shall not be liable for the discontinuation of the discount schemes.

iv. The Restaurant also understands and agrees that HOGR, may, from time to time run promotional offers to its users along with discount schemes. It is hereby clarified that the promotional offers run by HOGR shall be independent of discounts run by HOGR on behalf of the Restaurant.

v. The Restaurant confirms and undertakes that it has read, understood and agrees to be bound by the terms set out in the Restaurant Terms that are incorporated by reference herein and are deemed to be part of this Agreement.

  1. Current Information Required: You agree to provide complete and accurate information for your Billing Account. In case of any change in such information, you agree to update all such information immediately to keep your Billing Account current, complete and accurate (a change in the bank account, billing address, credit card / debit card number / net banking information, or credit card / debit card expiration date), and you further agree that it is your responsibility to notify us or our Payment Processor if your payment method is cancelled or not operational (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to the information provided by you can be made by contacting us at support@hogr.in. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of the Services under your Billing Account unless you have terminated your HOGR Account.
  2. Auto-Renewal of our Services: Unless you opt out of auto-renewal, which can be done by contacting us at support@hogr.in, all our Services that you have signed up for will be automatically extended for successive renewal periods of the same duration as the term originally selected at the then-current rate. If you do not want to continue to be charged on a monthly basis, you must cancel the applicable service by contacting us or terminate your account at least thirty (30) days before the end of the recurring term, regardless of whether your subscription period is monthly or annual. Our services cannot be terminated prior to the end of such period for which you have already paid, and except as expressly provided in these Restaurant Terms, we do not refund any money once paid towards the Services for which you have opted.
  3. Customer reviews or ratings: The reviews or ratings on the HOGR App does not reflect our opinion / perception of the Restaurant. The HOGR App receives multiple reviews and / or ratings for each Restaurant by its Customers, which reflect the opinions of the Customers. It is pertinent to state that each and every review posted on the HOGR App is the personal opinion of the Customer only. The HOGR App is a neutral platform, which solely provides a means of communication between Customers, including Customers or restaurant owners / representatives with access to the Restaurant page. We are a neutral platform, and we do not arbitrate disputes, however in case if any third-party writes a review that the Restaurant does not consider to be true, the best option for the Restaurant representative would be to contact the reviewer or post a public response in order to clear up any misunderstandings. If the Restaurant believes that any particular Customer's review violates any of these Restaurant Terms or any other HOGR policy, the Restaurant may write to us at support@hogr.in and bring such violation to our attention immediately. HOGR App may remove the review in its sole discretion if the review is in violation of the Restaurant Terms, or content guidelines and other policies or otherwise harmful to the Services.
  4. Privacy Policy: . The Privacy Policy describes how we handle the information provided to us upon use of our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information for storage, processing and use by us.
  5.  Penalty Charges: These charges can be levied on the Merchant in the following instances:

 Merchant blocking payment via HOGR

 i. In the event, the Merchant blocks a customer from making payment via HOGR, even though the customer was eligible for the deal as agreed with the Merchant, a penalty to the extent of the discount that the customer was eligible for will be charged. In case of repeated defaults, HOGR reserves the right to disable the Merchant RID from the platform.

ii. And any other instances of breach of the Merchant Terms by the Merchant.

  1. To use and access the HOGR App as mentioned under these Restaurant Terms, you will be required to create an account on the HOGR App ("HOGR Account"). The information provided to create the HOGR Account shall be governed by the Privacy Policy. The email address provided to create the HOGR Account shall serve as the primary email address through which all information in relation to payment, refund, invoicing and customer activity/data shall be communicated to you. To protect your HOGR Account, keep your password confidential. You are responsible for the activity that happens on or through your HOGR Account. Try not to reuse your HOGR Account password on third-party applications. If you learn of any unauthorized use of your password or HOGR Account, contact us at support@hogr.in.

  1. Your Ownership: Some of our Services may allow you to upload, submit, store, send or receive content, for example the menu items for your restaurant. You retain ownership of any intellectual property rights that you hold in that content. In short, what you provide to us stays yours.
  2. User Submissions: Anything you post, upload, share, store, or otherwise provide through the HOGR App shall be a treated as content submission ("Content Submission"). You are solely responsible for all Content Submissions you contribute to the Services. You represent that all Content Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.

You agree that you will not post, upload, share, store, or otherwise provide through the Services any Content Submission that: (i) infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contains sexually explicit content or pornography; (iii) contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group; (iv) exploits minors; (v) depicts unlawful acts or violence; (vi) depicts animal cruelty or extreme violence towards animals; (vii) promotes fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) that violates any law.

  1. Other than as expressly set out in these Restaurant Terms as agreed to by you in writing, neither us nor our third-party suppliers or distributors or licensors make any specific promises about the Services. We don’t make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We, and our third-party suppliers, distributors and licensors, do not warrant or make any representations regarding the use or the results of the use of the Services, including with respect to its correctness, accuracy, reliability, or otherwise. We provide the Services "as is". To the extent permitted by law, other than as expressly set out in these terms as agreed to by you in writing, we (and our third-party suppliers and distributors and licensors) hereby disclaim and exclude all warranties, including all implied warranties of merchantability, fitness for a particular purpose and non-infringement. We expressly disclaim any responsibility and liability in connection with any sale of Restaurant Items, including but not limited to any warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code towards the sale of such Restaurant Item.
  2. Limitation of Liability for our Services

To the fullest extent permitted by law, we and our past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns (the "HOGR Parties"), will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. To the fullest extent permitted by law, the HOGR Parties’ aggregate liability for any claims under these Restaurant Terms or the Invoice, including for any implied warranties, shall not be accepted below Rs. 1000 (Rupees One Thousand only) and shall not exceed Rs. 5,000 (Rupees Five Thousand only) towards any single or cumulative claim. In all cases, we and our suppliers, licensors and distributors, will not be liable for any loss or damage that is not reasonably foreseeable, including, without limitation, any force majeure event. Except as provided hereunder, your sole and exclusive remedy under these Restaurant Terms is to discontinue using the Services. These exclusions and limitations of liability will apply to the fullest extent permitted by law and will survive cancellation or termination of your services.

  1. Force Majeure: In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Restaurant Terms due to acts of God, natural disasters, or other causes that are beyond reasonable control, the party that is restricted in performing its obligations shall notify the other party immediately upon the occurrence of such event. Upon notification by the restricted party, the parties shall mutually decide performance of the obligations of the restricted party shall be extended for such period as may be between the parties.
  2. Indemnification: You agree to indemnify and hold harmless, HOGR, its parent, holding and subsidiary companies, affiliates, associates, partners, employees, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of (a) your access to, use of, or misuse of the Services, in a way that is harmful to others including any claim arising from your preparation, description, or sale of Restaurant Items; (b) your violation of any portion of these Restaurant Terms or the Invoice, any representation, warranty, or agreement referenced in these Terms or the Invoice, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right of publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party or (e) Any acts of fraud, misrepresentation or gross negligence by You; or (f) Any death, injury, or harm caused by the Restaurant or the usage of its Restaurant Items to the Customer; (g) Any acts by the Restaurant that results in any harm, loss of reputation or in the sole opinion of HOGR, any act which may have an impact on HOGR or its brand image, brand value or it’s public perception. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of those claims.
  3. Third Party Content: You acknowledge that when you access a link that leaves the HOGR App, the site you will enter into is not controlled by us and different terms of use/service and privacy policies may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We do not screen or investigate third party material before or after including it on our HOGR App. Third party content, including content posted by our Customers, does not reflect our views or that of our HOGR App. We assume no responsibility or liability for any of your content or any third party content. You further acknowledge and agree that HOGR App is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.

You may terminate your usage of the HOGR App upon providing a written notice 15 (Fifteen) days in advance to us.

We reserve the right to suspend or terminate your access to the HOGR App immediately without any notice to you if: (a) you are in breach of these Restaurant Terms, (b) you are using the HOGR App in a manner that would cause a real risk of harm or loss to us or other users, (c) in our sole discretion for any reason.

  1. Modification: We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at HOGR website—Terms Of Use, send you an email, and/or notify you by some other means. As such, the HOGR App may change from time to time, at our discretion. We may stop (either permanently or temporarily) providing certain Services or any features within the HOGR App to you or to users generally.

If you do not agree with the new Restaurant Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the HOGR App. If you use the HOGR App in any way after a change to the Restaurant Terms is effective, that means you agree to all of the changes.

  1. Third Party Rights: These Restaurant Terms control the relationship between HOGR and you. They do not create any third-party beneficiary rights.
  2. No Waiver: If you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future). If a particular term is not enforceable, this will not affect any other terms.
  3. Assignment: You shall not assign any of your rights under these Restaurant Terms, and any such attempt will be void. HOGR may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services (whether by sale of stock or assets, merger, consolidation or otherwise).

In the event of any claim, dispute, difference or question between the parties arising out of or in connection with or in relation to the Restaurant Terms (“Dispute”), the parties shall first endeavour to settle such Dispute amicably by mutual discussion in good faith. (i) If the parties fail to resolve the Dispute by such mutual discussion within 30 (Thirty) days of its occurrence, then the Dispute shall be referred to and resolved through a sole Arbitrator mutually appointed by the parties. The Arbitration proceeding shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and the award of the Arbitrator shall be final and binding upon both the Parties. The seat and venue for such Arbitration proceedings shall be Bangalore and shall be conducted in the English language. Subject to the foregoing, the courts at Bangalore alone shall have exclusive jurisdiction to entertain any Dispute arising out of these Restaurant Terms. These Restaurant Terms shall be governed and interpreted by and construed in accordance with the substantive laws of India.