These Terms form part of the Restaurant Partner Enrolment Form for Online Ordering Services
(“Form”) and constitute a legally binding agreement made between you, whether personally or
on behalf of an entity (the “Restaurant Partner”), and PEOURE VENURES PRIVAE
LIMITED (collectively, “PEOURE”), regarding use of PEOURE’s Platform (as defined below)
for the provision of Restaurant Services (as defined below) by the Restaurant Partner to the
Customers (as defined below).
1. Definitions
i)”Calendar Month” means a month as named in the English calendar.
ii)”Commission” means the amount payable by the Restaurant Partner to PEOURE, being a %
of Net Sales or subscription services as set out in the Form.
iii)”Customer” means users who place Orders through the Platform.
iv)”Customer Application” means the proprietary online website and/or mobile based Order
placement application of PEOURE available on the Platform, which enables the Customers
to (a) place an Order with the Restaurant Partner for the purpose of availing Restaurant
Services; and (b) track the status of the Order placed by such Customer with the Restaurant
Partner; and (c) facilitates a provision of payment by the Customer towards the Restaurant
Services availed from the Restaurant Partner.
v)”Customer Data” means any and all identifiable information about Customer provided by
the Customer via the Platform, including, but not limited to, Customer’s name, delivery
addresses, email addresses, phone numbers, and Customer preferences, to be governed by the
Privacy Policy.
vi)”Delivery Charges” means the delivery fee charged by the Delivery Partner or Logistics
Service Partner or Logistics service partneror Logistics service partner or Logistic Service
partner from the Customers on each Order where PEOURE facilitates delivery of an Order to
the Customers.
vii)”Delivery Surge” means an amount charged by the Delivery Partner or Logistics Service
Partner or Logistics service partner or Logistics service partner from the Customers over and
above the Delivery Charges on some Orders, determined on the basis of various factors
including but not limited to order value, distance covered, time taken, demand for delivery,
real time analysis of traffic and weather conditions, seasonal peaks or such other parameters
as may be determined from time to time.​

viii)”Electronic Payment Mechanism” means the online and mobile based payment mechanisms
including the third party payment gateways, credit card/debit card/net banking transfer and/or
e-wallets and/ or PEOURE credits that are available on the Platform for the purposes of
facilitating the payment of the Order Value by the Customer.

ix)”Execution Date” means the date of execution of Form.
x)”Form” means the Restaurant Partner Enrolment Form for Online Ordering Services executed by
the Restaurant Partner.
xi)”Gross Sales” means the gross amount charged by the Restaurant Partner to any Customer that is
attributable to any Order placed through PEOURE’s Platform including all applicable taxes
less discounts being offered by the Restaurant on PEOURE’s Platform (if any).
xii)”Information” means the information set out and provided along with the Form and includes any
information which is supplied by the Restaurant Partner to PEOURE under these Terms such
as Restaurant Partner’s name, establishment name, logo, the Menu items and images for menu
items, the price lists underlying the Menu, opening hours of the restaurants operated by the
Restaurant Partner, rates at which taxes are charged by the Restaurant Partner to the Customer,
delivery areas serviced by the restaurants and/or delivery terms, specific information the
Restaurant Partner is under an obligation to supply to PEOURE (a) immediately on the
Execution Date; or (b) within 1 (one) day from any change in such information.
xiii)”Delivery Partner” means own delivery person of the Restaurant Partner who collects order(s)
from the Restaurant and delivers it to the Customer location.
xiv)”Logistics Service Partner” means facilitation services offered by PEOURE wherein PEOURE
would connect the Restaurant Partner with Delivery Services App through its online
technology platform, which shall pick Order(s) from the Restaurant, and deliver the same to
the Customers.
xv)”Menu” means any document or virtual page, which lists out the items for sale offered by the
Restaurant Partner to the Customer, on the Platform.
xvi)”Menu Item Categorisation” means tagging with respect to food items between Restaurant
Service and Supply of Foods and Beverages Items (as defined below) as confirmed by the
Restaurant Partner to PEOURE.
xvii)”Merchant Application” means the PEOURE developed online Order management
application pre-loaded in the Tablet and/ or PEOURE Device which provides Restaurant
Partner the ability to (a) receive an Order for the Restaurant Services; (b) allows the
Restaurant Partner to accept or reject the Order within stipulated time; (c) provide updates on
the Customers Order and its status; and (d) place a request for Logistics Services, if
applicable.
xviii)”Multiple Outlet Entity” means the Restaurant, which has more than one outlet under the
same ownership providing Restaurant Services.
xix)”Net Order Value” means Order Value received, less the Commission and any other
additional amount, charges etc. that are due to PEOURE from the Restaurant Partner under
these Terms or the Form.
xx)”Net Sales” means the Gross Sales less delivery charge and any similar charges levied by the
Restaurant (if any);
xxi)”Onboarding Fee” means a one-time non-refundable amount set out in the Form, payable by
the Restaurant Partner when availing the Services for the first time from PEOURE.
xxii)“Optional Services” means the optional services offered to the Restaurant Partner by
PEOURE from time to time.
xxiii)”Order” means the placement of an order by the Customer with the Restaurant Partner for
the purchase of any item via the Platform.
xxiv)”Order Value” means the amount which is payable by the Customer upon placement of an
Order with the Restaurant Partner on the Platform for the Restaurant Services.
xxv)”Parties” means PEOURE and the Restaurant Partner.
xxvi)”Payment Mechanism Fee” means the amount payable by the Restaurant Partner to
PEOURE, being a % of Order Value including taxes less any charge not levied by Restaurant
but collected by PEOURE, as more specifically set out in the Form;
xxvii)”Platform” means the Website and Customer Application owned by PEOURE.
xxviii)”Pre-Packed Goods” means the food and beverages items packaged in such a manner that
the contents cannot be changed without tampering it and which is ready for sale to the
Customer and as may be defined under the Food Safety and Standards Act, 2006 from time
to time.
xxix)”Restaurant Partner Compensation Policy” means the compensation policy available at
https://www.PEOURE.com/o2termscompensationpolicy/india and applicable to the
Restaurant Partner in the event an Order is cancelled or rejected for reasons not attributable
to the Restaurant Partner.
xxx)”Restaurant” means a commercial establishment(s) for which the Restaurant Partner is
executing the Form, and from where the Restaurant Services are made available to the
Customer, moreover wherein the food and beverage items are prepared and/or delivered to
the Customer.
xxxi)”Restaurant Partner” means the entity/ individual being the legal owner of the Restaurant
as mentioned in the Form.
xxxii)”Restaurant Service” means supply by way of service of food and beverages items
attracting tax under Section 9(5) of the Central Goods and Services Tax Act, 2017, listed on
the Menu from time to time, sold by the Restaurant, listed and advertised by the Restaurant
Partner on the Platform.
xxxiii)”Service Operator” means the PEOURE operated centralized system used for receiving
Orders from Customers through the Customer Application and transmitting those to the
Restaurant Partner.
xxxiv)”Services” means the following services offered by PEOURE to the Restaurant Partner, on
and from the effective date, for the provision of Restaurant Services by the Restaurant
Partner to the Customer through the Platform: a. listing of the Menu and the price list
supplied by the Restaurant Partner in respect of the Restaurant Services on the Platform;​
b. Order placement mechanism for the purchase of Restaurant Services by the Customer
from the Restaurant Partner on a real time basis;​
c. payment mechanism for the payment of the Order Value by the Customer; and​
d. Customer’s and Restaurant Partner complaint redressal services in respect of the
functioning of the Platform.​
e. Logistics Services (if applicable).
xxxv)“Single Outlet Entity” means the Restaurant, which has only one outlet providing
Restaurant Services.
xxxvi)”Supply of Food and Beverages Items” means supply of any food and beverages items,
made by the Restaurant through the Platform, other than Restaurant Service attracting tax
under Section 9(5) of the Central Goods and Services Tax Act, 2017,
xxxvii)”Website” means www.PEOURE.com (including the webpages contained or hyperlinked
therein and owned or controlled by PEOURE), and such other media or media channels,
devices, mobile applications, software, or technologies as PEOURE may choose from time
to time.
2. PEOURE’s Obligations:
i. PEOURE will (a) list Restaurant Partner’s menu and the price list on the Platform; and (b)
transfer to the Restaurant Partner, the amounts received from the Customers in accordance with
agreed Terms set out herein.
ii. PEOURE will display on the Platform, on best effort basis, all necessary information provided
by the Restaurant Partner. However, PEOURE is not under any obligation to display any
information until the Restaurant Partner provides all required information and such information
is in compliance with PEOURE’s policies and guidelines.
iii. PEOURE will retain the right to change the rate of taxes on the Menu item list shared by the
Restaurant Partners for listing on the Platform.
iv. PEOURE will transmit the Orders placed by the Customer with the Restaurant Partners as per
below:
a. Restaurant Partner Device having the Merchant Application.
b. Restaurant Partner using their own device, without Merchant Application to receive Orders:
Order transmission through SMS and/ or phone call on an immediate basis through the Service
Operator. In the event, the Restaurant Partner fails to answer the phone calls over a period of two
(2) minutes, PEOURE reserves the right to temporarily restrict/ deactivate Restaurant Partner’s
Online Ordering services to avoid any Customer complaints. Restaurant Partner’s access shall be
reinstated upon specific request made to PEOURE customer support center. PEOURE reserves
the right to cancel any Order where Restaurant Partner is unable to communicate its response
within two (02) minutes on (a) acceptance/ rejection of the Customer Order and/ or (b) Order
delivery timelines; or
v. PEOURE will redress the Customers and the Restaurant Partner’s complaints in respect of the
functioning of the Platform.
vi. For the avoidance of doubt it is hereby expressly clarified that PEOURE is only responsible
for providing (i) a Platform to the Restaurant Partner to list, offer and sell the Restaurant
Services to the Customers and/or (ii) Logistics Services Partner (if applicable) and that PEOURE
will not be responsible or liable for (i) the quality of the Restaurant Services listed and advertised
on the Platform; and/or (ii) the processing of the Orders which have been placed by the
Customers with the Restaurant Partner on the Platform; and/or (iii) any delay in preparation of
the Order by Restaurant Partner.
vii. PEOURE may suspend the Restaurant Partner’s account if the Restaurant Partner is found
non-compliant with the Food Safety and Standards Act, 2006 and the rules, regulations, licenses,
standards and guidelines issued thereunder from time to time.
viii. While providing Logistics Services:
a. PEOURE shall not be responsible or liable for the delivery of Orders or any issues associated
therewith unless, Restaurant Partner has contractually opted for Logistics Services from
PEOURE. Further, where the Restaurant Partner has opted for Logistics Services, PEOURE shall
only be responsible to tally the number of items ordered against the Order received. Restaurant
Partner acknowledges and agrees that PEOURE shall not be responsible for quality or quantity
(if the packet of the Order is not tampered with during delivery) of the Order and the Restaurant
Partner shall be solely responsible for the quality and quantity of the Order.
b. In the event Restaurant Partner opts for Logistics Services, Restaurant Partner acknowledges
and agrees that delivery will be facilitated by PEOURE through a Logistics Service Partner.
Restaurant Partner understands and agrees that PEOURE shall not be responsible if the Delivery
Partner or Logistics Service Partner indulges in theft of the Order or indulges in any illegal
activity or misconduct against/with the Customer(s) and / or the staff of Restaurant Partner or
indulges in any vandalism activity against the Restaurant Partner and/or the Restaurant. Please
note that PEOURE uses its best endeavors to fulfill the Logistics Services opted by the
Restaurant Partner. PEOURE has no control, in any manner whatsoever, with respect to the
ratings or reviews received by the Restaurant Partner for the Logistics Services availed through
PEOURE, as such ratings are dependent on multiple factors including but not limited to each
Customer’s experience with the Restaurant Partner and the Restaurant Services.
c. The Restaurant Partner shall not hold PEOURE liable for any claims, raised by the Customer
where the delay in handing over the Order to the Delivery Partner or Logistics Service Partner is
solely attributable to the Restaurant Partner and its staff.
d. PEOURE may at its sole discretion charge Delivery Charges and Delivery Surge from
Customer for delivery of the Order.
ix. Restaurant Partner acknowledges and agrees that PEOURE is a mere facilitator in relation to
the Logistics Services whereby PEOURE facilitates logistics services by connecting Logistics
Service Partner with Restaurant Partner for delivery of Order(s) from the Restaurant(s) to the
Customer and hence cannot be held liable for any illegal / unlawful activity of the Delivery
Partner or Logistics Service Partner.
3. Restaurant Partner’s Obligations
i. Restaurant Partner will not discriminate while servicing Orders received from Customer
ordering via the Platform. Restaurant Partner will not provide any preferential treatment to
customers ordering independently from the Restaurant Partner (i.e. customers ordering directly
from a Restaurant Partner).
ii. Restaurant Partner shall ensure that all mandatory information pertaining to taxes, levies, and
charges applicable on the Order(s) are clearly visible to the Customers on their invoice issued for
any supply other than Restaurant Service, as per the applicable laws.
iii. Restaurant Partner will ensure that the Information provided to PEOURE is current and
accurate, including but not limited to the Restaurant Partner name, address, contact telephone
number, email, manager/contact person details, delivery times, opening hours, Menu(s), price
lists, taxes, Menu Item Categorisation, service addresses, and other relevant information.
iv. Restaurant Partner shall confirm to PEOURE its Menu Item Categorisation between
Restaurant Service and Supply of Foods and Beverages Items. Menu Item Categorisation as
confirmed by the Restaurant Partner shall be consumed by PEOURE for the purpose of
undertaking necessary compliance with the applicable laws. In the event of a dispute in Menu
Item Categorisation, the Restaurant Partner undertakes to make good any losses incurred by
PEOURE on account for any mis-declaration or mis-representation of facts.
v. Restaurant Partner shall ensure that it is the sole author/owner of, or otherwise controls all the
content / material, including but not limited to the Restaurant Partner’s name, establishment
name, logo, menu items, images of the food and beverages/ menu items, etc. transmitted or
submitted by the Restaurant Partner to PEOURE either through the Platform or otherwise
(“Content”), or has been granted the right to use such Content from the rights holder of such
Content and that it does not violate or infringe the rights of any third party or applicable laws;
vi. Restaurant Partner shall process and execute the Order(s) promptly.
vii. The Restaurant Partner shall be obligated to turn off “Accepting Delivery” feature on its
online ordering mechanism whenever the Restaurant Partner is unable to provide Restaurant
Services to the Customer.
viii. Restaurant Partner acknowledges and agrees that in the event the Customer’s experience
with the Restaurant Partner and the Restaurant Services is hampered on account of acts and
omissions attributable to the Restaurant Partner, including but not limited to, frequent rejection
of Order(s), PEOURE reserves the right to take appropriate action in accordance with its
policies, which may be amended from time to time.
ix. Restaurant Partner shall inform PEOURE about any change or modification made to the
Order by the Customer, directly with the Restaurant Partner.
x. Restaurant Partner hereby agrees that if it accepts the Order cancellation request raised by a
Customer via the Platform for Restaurant Partner, it shall not be eligible to receive any Order
Value or amount for such cancelled Order.
xi. Restaurant Partner shall ensure that when a Customer pays online for an Order and the
Restaurant Partner is undertaking logistics, the Restaurant Partner or its representative collects a
signed receipt from the Customer upon delivery of the Order. In the event of a dispute in respect
of whether the Restaurant Partner is entitled to a payment by PEOURE in accordance with these
Terms, PEOURE will not be required to make any such payment unless the Restaurant Partner
provides PEOURE with a copy of the signed receipt.
xii. Restaurant Partner shall retain proof of delivery for a period of 180 days from the date of
delivery.
xiii. In the event the Restaurant Partner undertakes delivery of any Order (i.e. Delivery Partner),
it shall ensure only trained personnel undertake such delivery and the safety of the food and
beverage is not compromised at any time until the Order is received by the Customer. The
Restaurant Partner agrees to indemnify PEOURE for any claims that may arise on account
delivery of Orders undertaken by the Restaurant Partner.
xiv. The Restaurant Partner warrants that the food and beverages provided to Customers are:
a. of high quality and fit for human consumption;
b. compliant with Food Safety and Standards Act, 2006 and the rules, regulations, licenses,
standards and guidelines issued thereunder;
c. compliant with all other relevant Indian legislation, including all applicable food industry
regulations.
xv. Where the Restaurant Partner avails any Optional Services, the Restaurant Partner will
additionally be liable to abide with the terms and conditions of such Optional Services or any
other terms and conditions pertaining to the Optional Services, communicated by PEOURE from
time to time.
xvi. Contact a Customer if an Order cannot be processed as requested or to clarify the details of
an Order, if required, post confirmation of the Order.
xvii. The Restaurant Partner shall contact a Customer if an Order cannot be processed as
requested or to clarify the details of an Order, if required, post confirmation of the Order.
xviii. To promptly redress the Customer complaints which have been referred by PEOURE to the
Restaurant Partner in respect of the (a) quality, quantity and/or taste of the food and beverage; (b)
delivery of the Orders (where such delivery has been undertaken by the Restaurant Partner and
the delivery issues are attributable directly to the Restaurant Partner); and (c) failure on part of
the Restaurant Partner to comply with the special requests / instructions of the Customers where
such requests and/or instructions have been clearly communicated by the Customer at the time of
the placement of Order.
xix. The Restaurant Partner shall remove any/all menu items unavailable with the Restaurant
Partner.
xx. The Restaurant Partner acknowledges and agrees that it will be solely responsible for
delivering the Order placed by the Customers (where it is not availing Logistics Services) with
the Restaurant Partner on the Platform. Unless agreed to by the Restaurant Partner in the Form, it
is clarified that PEOURE will not provide any Logistics Services.
xxi. For the avoidance of doubt it is hereby expressly clarified that PEOURE is not responsible
or liable to the Customer for the (a) quality of the Restaurant Service advertised on the Platform;
and/or (b) processing of the Order; (c) delivery of the Orders (unless Logistics Services are
provided by PEOURE) that have been placed by the Customers with the Restaurant Partner
through the Platform; and (d) misconduct / illegal activity of the Delivery Partner or Logistics
Service Partner. The Restaurant Partner acknowledges and agrees that it will be solely
responsible and liable to the Customer for the (a) quality of the Restaurant Service listed and
advertised on the Platform; and/or (b) processing of the Order and (c) timely delivery of the
Orders (unless Logistics Services are provided by PEOURE) that have been placed by the
Customers with it on the Platform.
xxii. The Restaurant Partner shall ensure that the Order(s) are (a) in accordance with Order
placed by the Customer; and (b) appropriately packed and adequately fastened to avoid any
spillage during the transportation. Restaurant Partner understands that the Order will be in transit
for the period of delivery from the Restaurant to the Customer and the Restaurant Partner shall
ensure that this is taken into consideration while accepting and preparing the same.
xxiii. Restaurant Partner shall (a) undertake adequate police verification and background checks
for its delivery personnel and maintain records of the same; (b) ensure that the delivery personnel
are not intoxicated; (c) ensure that delivery personnel don’t misbehave with the Customer; (d)
make timely payment of all applicable statutory dues; (e) maintain adequate insurances; and (f)
provide proper training to its delivery personnel to ensure delivery personnel deliver the Order
efficiently without any spillage or delay.
xxiv. Restaurant Partner shall ensure, while making deliveries, it does not commingle the Order
along with other orders it receives directly from customers or from third parties not using the
Platform. Restaurant Partner shall pack the Order either in PEOURE provided packing material
or other packaging material. However, under no circumstances shall the Restaurant Partner use
third party branding in the packaging material used for the Order.
xxv. Restaurant Partner shall address and resolve all Customer complaints received by PEOURE
relating to the efficacy, quality or any other issues relating to the Restaurant Services
expeditiously within timelines prescribed by the Ministry of Consumer Affairs or any other
authority from time to time. Further the Restaurant Partner shall be solely liable and bound to
take action on complaints raised by Customer pertaining to the Order(s).
xxvi. Restaurant Partner acknowledges and agrees that Restaurant Partner shall be required to
furnish a copy of its PAN Card, TAN, GSTIN, FSSAI license and registration certificates and
other details required as per law or for provision of Services, as maybe requisitioned by
PEOURE from time to time failing which, PEOURE reserves the right to delist the Restaurant
Partner from the Platform and / or curtail it’s access from the Platform.
xxvii. Where Restaurant Partner avails Logistics Services from PEOURE, Restaurant Partner
shall ensure that it hands over all Orders to the PEOURE authorized delivery personnel in a spill
proof packaging.
xxviii. The Restaurant Partner shall comply with the applicable law on the ban of single-use
plastic and shall ensure that neither single-use plastic is used in packing any Order nor is any
cutlery made from single-use plastic provided with the Order. Restaurant Partner agrees and
acknowledges that PEOURE shall reserve a right to cancel all Orders that are packed by the
Restaurant Partner using single-use plastic and any payment made to the Delivery Partner or
Logistics Service Partner assigned to such orders or refund/compensation made by PEOURE to
the Customers whose Orders are cancelled shall be recovered from Restaurant Partner in
accordance with PEOURE’s cancellation policy. Further, any loss suffered by PEOURE or the
Delivery Partner or Logistics Service Partner due to use of single-use plastic by Restaurant
Partner, whether on account of any fine imposed by the authorities on PEOURE or its Delivery
Partner or Logistics Service Partner or otherwise, shall be recovered from the Restaurant Partner
by making deductions in accordance to the payment settlement process agreed under these
Terms.
xxix. Furthermore, where PEOURE provides Logistics Services, the Restaurant Partner shall
ensure that the Order is ready at the time the Logistics Service Partner arrives to collect the
Order. Where the Restaurant Partner fails to handover the Order to the Logistics Service Partner
within the indicated kitchen preparation time, Restaurant Partner shall be responsible for any and
all issues and costs associated with delayed delivery including costs associated with reimbursing
the Customer.
xxx. Restaurant Partner acknowledges and agrees that it shall not make any independent calls to
the Customer and asks the Customer to make payments of amounts greater than what was agreed
by the Customer at the time of placing the Order through the Platform.
xxxi. Restaurant Partner except required for the fulfillment of Order shall not use the Customer
data for sending any unsolicited marketing message, announcements.
xxxiii. Restaurant Partner shall not engage in any fraudulent activity or misuse any benefits
extended by PEOURE to Customers and shall be liable to PEOURE in the event PEOURE
becomes aware of any fraudulent activity undertaken by the Restaurant Partner.
xxxiv. Restaurant Partner shall not charge any delivery and/or Payment Mechanism Fee charges
from Customers on Orders where Restaurant Partner is not undertaking delivery itself.
xxxv. Where Restaurant Partner avail Logistics Services under Hybrid model and opts to not
avail Logistics Services through PEOURE, Restaurant Partner shall be responsible to deliver the
Order to the Customer.
xxxvi. Restaurant Partner shall ensure to update the Merchant Application as and when the latest
version of the application is available.
xxxvii. Restaurant Partner acknowledges and agrees that any asset, such as POS machines/ credit
card/debit card swipe machines, bags etc., provided by it to the Logistics Service Partner,
whether with or without the consent of PEOURE, shall be at its sole risk. Restaurant Partner
agrees and undertakes that it shall be solely liable if any such asset provided to the Logistics
Service Partner, is damaged, stolen or not returned by the Logistics Personnel,, and PEOURE
shall not be liable to indemnify the Restaurant Partner for the same and / or bear cost of the asset.
xxxviii. Restaurant Partner shall ensure to protect and maintain the Customer experience on the
Platform by accurately displaying the details of the Restaurant including but not limited to item
names & images in the Menu.
Restaurant Partner understands and agrees that having similar item names and images in the
Menu of two or more Restaurant listings operating from the same location may cause confusion
for the Customers and hamper their experience on the Platform.
It is further clarified that, in the event, the Restaurant listings are found to be in violation of this
term xxxix, then PEOURE shall notify the Restaurant Partner by giving a 30 (thirty) day written
notice to make the necessary changes and correct the Restaurant listings. However, in case the
Restaurant Partner fails to correct the Restaurant listings, then PEOURE reserves the right to
take appropriate action, which may include removing all the duplicate listings from the Platform,
in accordance with its policies and these Terms.
xl. Restaurant Partner with Restaurant Partner Device (Without Embedded Merchant
Application):
i. Ensuring it has a functional Restaurant Partner Device at all times in Order to a) receive / reject
Orders, b) provide estimates of delivery time, c) communicate with Service Operators through
phone call and/or SMS.
ii. Restaurant Partner may decline Customer Orders placed through the Service Operator
however, Restaurant Partner shall not use alternate means (phone/ emails) to connect with the
Customer in parallel to take the same Orders and thereby circumventing the process.
xlii. Promotions
Where a Restaurant Partner has agreed to extend Promotions (as defined below) to Customers on
Order placed at the Restaurant via the Platform the Restaurant Partner agrees to the following
terms and conditions (“Promotion Terms”):
a. These Promotion Terms apply to a Restaurant Partner’s engagement in Promotions pursuant to
which the Restaurant Partner shall extend discounts or offers, as the case may be, to Customers
relating to the Promotion(s).
g. The Promotion(s) are subject to PEOURE’s approval. PEOURE reserves the right to reject or
remove the Promotion(s) at any time, for reasons communicated to the Restaurant Partner.
h. PEOURE will determine, in its sole discretion, the placement, and positioning of the
Promotion(s) on the PEOURE Platform.
i. PEOURE does not guarantee the reach or performance of the Promotion(s).
j. The Restaurant Partner is solely liable for compliance with all applicable laws relating to the
Promotions.
k. The arrangement between the parties shall commence from the date of acceptance of these
Promotion Terms by the Restaurant Partner and shall be valid and binding unless terminated in
accordance with these Promotion Terms.
l. The Restaurant Partner may at any time opt out of Promotions without any prior notice to
PEOURE.
m. PEOURE may terminate the arrangement at any time with a one (1) day prior written notice
of termination to the Restaurant Partner.
n. Notwithstanding anything to the contrary contained herein, PEOURE may forthwith suspend
and/or terminate the Services if the Restaurant Partner is in breach of these Promotion Terms and
such breach has not been rectified within five (5) days of notice of breach.
o. PEOURE reserves the right to modify the Promotion Terms after prior notice and without
liability to the Restaurant Partner. Any such changes will be effective immediately upon the
changes being reflected on the Terms.
p. PEOURE reserves the right to discontinue the Promotions at its own discretion at any time,
without any notice or liability to the Restaurant Partner if the same is necessitated due to legal or
regulatory requirements. In case of occurrence of such discontinuance, the Restaurant Partner
will be provided with adequate reasons for discontinuation of Promotions in due course.
q. Termination of these Promotion Terms shall have no effect on these Terms.
r. All the rights, duties, liabilities and obligations of the respective parties under the Terms shall
form an integral part of these Promotion Terms and shall remain unaltered by these Promotion
Terms.
s. Except as provided herein and varied/modified, the Terms shall continue to have full force and
effect.
t. For any help or queries with regard to Promotions, you may reach out via the help center on
the Merchant Application.
4. License
Restaurant Partner grants to PEOURE an unrestricted, non-exclusive, royalty-free licence in
respect of all Content (defined hereinabove) and Information provided to PEOURE by the
Restaurant Partner for the purposes of inclusion on the Platform and as may be otherwise
required under the Form. This includes, but is not limited to, (a) use of the Restaurant Partner’s
name in the context of Google adwords to support advertising and promotional campaigns to
promote online ordering on internet which may be undertaken by PEOURE (b) preparation of
derivative works of, or incorporate into other works, all or any portion of the marketing materials
which will be made by PEOURE for the purposes of its business.
Any Content, information or material that the Restaurant Partner transmits or submits to
PEOURE either through the Platform or otherwise shall be considered and may be treated by
PEOURE as non-confidential, subject to PEOURE’s obligations under relevant data protection
legislation.
The Restaurant Partner also grants to PEOURE a royalty-free, perpetual, irrevocable, non-
exclusive license to use, copy, modify, adapt, translate, publish and distribute world-wide any
Content, information or material for the purposes of providing Services under these Terms or to
or for the purposes of advertising and promotion of the Platform. The Restaurant Partner agrees
that all Content, information or material provided to PEOURE that is published on the Platform,
may be relied upon and viewed by Customers to enable them to make informed decisions at the
prepurchase stage.
5. Restaurant Partner Menu and Price List
i. PEOURE will display on the Platform the menu and price list for all of its Restaurant Partners.
The Restaurant Partner agrees that PEOURE reserves the right to modify and delete certain items
from the Restaurant Partner’s menu list at its sole discretion, listed on the Platform, to ensure
compliance with Food Safety and Standards Act, 2006, requirements or applicable law in the
relevant State or Territory and all other applicable legislation, regulations or regulatory
standards. PEOURE shall endeavour to update price lists within 48 hours of being notified of
changes (in writing) by a Restaurant Partner. Where the Restaurant Partner has a unilateral right
to access Restaurant Partner admin panel or dashboard (subject to PEOURE’s written consent in
this regard) to edit and update the Information which is displayed on the Platform by PEOURE,
the Restaurant Partner should ensure that it (i) keeps such information true, accurate and updated
at all times; and (ii) complies with PEOURE’s internal terms and conditions of use in this regard
and (iii) intimates to PEOURE about such change.
ii. Restaurant Partner shall provide PEOURE with a separate list of all Pre-Packed Goods which
form part of the Restaurant Partner’s menu list, to be listed on the Platform, in the format
acceptable to PEOURE.
iii. The Restaurant Partner shall ensure that the Pre-Packed Goods listed on the Platform shall
have shelf life of 30 percent or forty-five (45) days before expiry at the time of delivery to the
Customers.
iv. The Restaurant Partner will, at all times, maintain parity in the pricing for all products offered
for sale to the Customers via the Platform as against that made available for sale through its
Restaurant locations or its other direct channels like websites etc. For the purpose of clarity, such
parity is required to be maintained by the Restaurant Partner in food and beverage items sold via
the Platform and its quality, quantity and other charges that may be levied by the Restaurant
Partner.
v. The Restaurant Partner shall not charge an amount over and above the maximum retail price
(“MRP”) for all such food and beverage items which have MRP mentioned on them.
vi. The Restaurant Partner acknowledges and agrees that PEOURE will use its best endeavours
to ensure that the Platform is not misused by the Customers for the placement of
erroneous/fraudulent Orders. In the event of an erroneous/fraudulent Order, the Restaurant
Partner undertakes to report such an erroneous/fraudulent Order to PEOURE through call
PEOURE for PEOURE’s action and investigation. In this regard, PEOURE provides a built-in
feature(s) in the Merchant Application and web dashboard access that will allow the Restaurant
Partner to report such erroneous/fraudulent Orders.
vii. PEOURE may perform a variety of marketing activities to promote the Restaurant Partner
and the Restaurant Partner’s menu; provided, however, that all such marketing activities will be
determined in PEOURE’s sole and absolute discretion and the Platform may be modified or
updated, without notice and from time to time, to reflect any such changes.
6. Payments Mechanism
i. The Restaurant Partner acknowledges and agrees that the Platform will provide the following
payment mechanisms to the Customers for the payment of the Order Value:
a. Cash on delivery;
b. Electronic Payment Mechanism; and
c. Redemption of vouchers and/or discount coupons (if any) approved by PEOURE.
ii. The Restaurant Partner acknowledges and agrees that PEOURE will provide the Restaurant
Partner with a monthly invoice within a period of 7 (seven) days from the last date of the
preceding month for the Commission, Payment Mechanism Fee, refund charges, One Time Sign
Up Fee and other amounts, charges that is payable by the Restaurant Partner to PEOURE in
g. relating to harm caused by the Restaurant Partner supplying any unsafe Restaurant Services,
any product failure, defect or hazard in any Restaurant Services supplied or sold by the
Restaurant Partner or inadequate instructions or warnings provided to Customers pertaining to
any hazards arising from or associated with the use of any Restaurant Services supplied or sold
by the Restaurant Partner;
h. brought either by PEOURE and/or third party on account of misuse, abuse, cheating, fraud,
misrepresentation carried out by the Restaurant Partner;
i. in respect of, arising out of or in connection of any use of the Customer Data, not in
accordance with the Terms and/or the applicable law;
j. for any misleading or incorrect or false, information or data provided by the Restaurant
Partner;
viii. The Restaurant Partner acknowledges that it supplies certain rights to PEOURE to enable
PEOURE to provide services to the Customer. PEOURE will not be liable for any applicable
taxes liability in respect of Supply of Foods and Beverages Items other than Restaurant Service
by Restaurant Partner to Customers and the Restaurant Partner hereby indemnifies PEOURE
against any applicable taxes it may become liable for arising out of such transactions.
13. Customer Data
The Restaurant Partner agrees that the Restaurant Partner will only use the Customer Data in
fulfilling the applicable Customer Order and in complying with the Restaurant Partner’s
obligations in this Form, and the Restaurant Partner agrees that Customer Data will not be used
to enhance any file or list of the Restaurant Partner or any third party. The Restaurant Partner
represents, warrants, and covenants that it will not resell, broker or otherwise disclose any
Customer Data to any third party, in whole or in part, for any purpose whatsoever. The
Restaurant Partner agrees it shall not use the Customer Data for sending any unsolicited
marketing message, announcements and for feedback purposes, and shall be solely liable to
ensure that any third party with whom Customer Data is shared complies with the restrictions set
forth herein. The Restaurant Partner agrees that it will not copy or otherwise reproduce any
Customer Data other than for the purpose of fulfilling the applicable Customer Order. The
Restaurant Partner (and any other persons to whom the Restaurant Partner provides any
Customer Data) will implement and comply with reasonable security measures in protecting,
handling, and securing the Customer Data. If any Customer Data is collected by the Restaurant
Partner (or otherwise on its behalf), the Restaurant Partner shall ensure that it (and any applicable
third parties) adopt, post, and process the Customer Data in conformity with an appropriate and
customary privacy policy. For purposes of this Form, the restrictions set forth herein on the
Restaurant Partner’s use of Customer Data do not apply to: (a) data from any Customer who was
a customer of Restaurant Partner prior to the Restaurant Partner using the Platform or the
PEOURE Services, but only with respect to data that was so previously provided to the
Restaurant Partner by such Customer; or (b) data supplied by a customer directly to the
Restaurant Partner who becomes a customer of the Restaurant Partner and who explicitly opts in
to receive communications from the Restaurant Partner for the purposes for which such
Customer Data will be used by Restaurant Partner; and, provided in all cases, that the Restaurant
Partner handles and uses such Customer Data in compliance with applicable Laws and the
Restaurant Partner’s posted privacy policy.
14. Term and Termination
The arrangement between parties shall start on the Execution Date and unless terminated earlier
under this clause shall continue indefinitely. PEOURE may terminate the arrangement, with or
without cause, at any time upon seven (7) days prior written notice to the other party.
PEOURE may terminate the arrangement or suspend the Services of the Restaurant Partner with
immediate effect if:
a. the Restaurant Partner fails to conduct its business in accordance with these Terms and /or in
accordance with the information given to PEOURE, such as Restaurant Partner proprietary
rights, opening hours, delivery areas, delivery conditions, nature of food served or prices;
b. the user experience for the Restaurant Partner is not found satisfactory as per the PEOURE
standards;
c. for a continuous period of 14 days, the Restaurant Partner fails to deliver Order(s) which are
not fraudulent or unintentional;
d. upon the happening of any of the insolvency events such as bankruptcy, appointment of
receiver, administrator, liquidator, winding up, dissolution;
e. PEOURE identifies any fraudulent or suspicious activity on the Restaurant Partner’s account;
f. the Restaurant Partner fails to comply with Applicable Law and/or these Terms,; and/or
g. in case PEOURE conducts any investigation to ensure Restaurant Partner’s compliance with
the Applicable Law and/or these Terms.
Parties may terminate their arrangement with immediate effect by notice in writing to the other
party if the other party commits a material breach, which, in the case of a material breach
capable of remedy, is not remedied within 14 days after written notice is given to the breaching
party, specifying the default. Termination of the arrangement: (a) in accordance with its Terms,
shall not affect the accrued rights or liabilities of the parties at the date of termination; and (b)
shall have no effect on: (i) the validity of Services already issued to Customers; or (ii) Restaurant
Partner’s obligations to pay for Services availed in accordance with this Agreement.
PEOURE, at its sole discretion, reserves the right to suspend and/or terminate the Services
immediately with a prior notice to the Restaurant Partner on account of any alleged or threatened
or actual (a) suspicious activity; and /or (b) breach of any intellectual property right of PEOURE
or any third party by the Restaurant Partner; and/or (c) any false misrepresentation by the
Restaurant Partner; and/or (d).fraudulent activity. The Restaurant Partner hereby agrees and
acknowledges that in addition to the aforementioned right to terminate and/or suspend the
Services, PEOURE shall also have the right to withhold, set off and deduct any payments that
may be due to the Restaurant Partner from PEOURE. Without prejudice to the other provisions
of the Form or these Terms, and solely for the purposes of this Clause, the Restaurant Partner
hereby agrees, acknowledges and confirms that the amounts so set off, withheld and applied in
the aforesaid manner shall be deemed to form part of the Commission payable by the Restaurant
Partner to PEOURE under the Form and these Terms.
15. Notice requirements
Factors that prevent you from fulfilling your obligations towards PEOURE or Customers should
promptly be reported to PEOURE by contacting the account manager appointed by PEOURE or
by writing an email to priority@PEOURE.com.
16. Disclaimers
To the fullest extent permitted by law, PEOURE and its affiliates, and each of their respective
officers, directors, members, employees, and agents disclaim all warranties, express or implied,
in connection with this Form, the Platform and the PEOURE services and any use thereof,
including, without limitation, the implied warranties of merchantability, fitness for a particular
purpose and non-infringement. PEOURE makes no warranties or representations about the
accuracy or completeness of the content and data on the Platform or the PEOURE services’
content or the content of any other websites linked to the website, and assumes no liability or
responsibility for any (a) errors, mistakes, or inaccuracies of content and materials, (b) personal
injury or property damage, of any nature whatsoever, resulting from the Restaurant Partner’s
access to and use of the Platform and the PEOURE services, (c) any unauthorized access to or
use of PEOURE’ servers and/or any and all personal information and/or financial information
stored therein, (d) any interruption or cessation of transmission to or from the website or
otherwise with respect to the PEOURE services, (e) any bugs, viruses, trojan horses, or the like
which may be transmitted to or through the website or the PEOURE services by any third party,
and/or (f) any errors or omissions in any content and materials or for any loss or damage of any
kind incurred as a result of the use of any content posted, transmitted, or otherwise made
available via the website or the PEOURE Services.
17. Limitation of Liability
For the purposes of this clause, “Liability” means liability in or for breach of contract,
negligence, misrepresentation, tortious claim, restitution or any other cause of action whatsoever
relating to or arising under or in connection with this Form, including liability expressly
provided for under this Form or arising by reason of the invalidity or unenforceability of any
term of this Form. PEOURE does not exclude or limit Liability for any Liability that cannot be
excluded by law. Subject to the preceding sentence, PEOURE shall not be under any Liability for
loss of actual or anticipated profits, loss of goodwill, loss of business, loss of revenue or of the
use of money, loss of contracts, loss of anticipated savings, loss of data and/or undertaking the
restoration of data, fraudulent Orders, any special, indirect or consequential loss, and such
liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of
any doubt, this clause shall apply whether such damage or loss is direct, indirect, consequential
or otherwise. Although PEOURE will use its best endeavours to ensure that the unintentional
operational errors do not occur, PEOURE cannot provide any warranty or guarantee in this
regard. Notwithstanding anything to the contrary herein set out, PEOURE’s aggregate liability
under this Form shall not exceed the total value of the Order under which the claim arose.
18. Miscellaneous
i. Governing Law and Dispute Resolution: This Form shall be governed by the Laws of India,
for the time being in force and the courts of New Delhi shall have the exclusive jurisdiction to
preside over matters arising hereunder. Parties shall first endeavour to resolve their disputes
amicably within fifteen (15) days from the date on which the dispute was first notified. Failing
which, the dispute shall be referred to court.
ii. Waiver: The failure of either party to assert any of its rights under the Form, including, but
not limited to, the right to terminate the Form in the event of breach or default by the other party,
will not be deemed to constitute a waiver by that party of its right thereafter to enforce each and
every provision of the Form in accordance with these Terms.
iii. Invalidity or unenforceability of any provision of or right arising pursuant to these Terms
shall not adversely affect the validity or enforceability of the remaining obligations or provisions.
vii. Change of control: The Restaurant Partner acknowledges that the business and assets of
PEOURE may be sold in the future and consents to the transfer or disclosure of its personal
Information and this Form to any purchaser of the business of PEOURE or its assets if that
outcome occurs.
viii. Acceptance to PEOURE’s Privacy Policy: by signing the Form, the Restaurant Partner
acknowledges and agrees to be bound by PEOURE’s privacy policy. Restaurant Partner will
immediately notify PEOURE if it becomes aware of or suspects any unauthorized use or access
to the user data or any other Confidential Information of PEOURE, and shall co-operate with
PEOURE in investigation of such breach and the mitigation of any damage.
19. Modification
PEOURE may modify these Terms from time to time, and any such changes will (i) be reflected
on the Website, and (ii) be effective immediately upon the changes being reflected on the
Platform. The Restaurant Partner agrees to be bound to any such changes or modifications and
understands and accepts the importance of regularly reviewing these Terms as updated on the
Platform.
Further, in the event PEOURE upgrades, modifies or replaces the Services (“Service
Modifications”) offered to the Restaurant Partner, PEOURE will notify the Restaurant Partner
prior to making the same and give the Restaurant Partner the opportunity to review and comment
on the Service Modifications before continuing to use the Service or any alternative service
offered by PEOURE. The Service Modifications will also be reflected on the Platform. If the
Restaurant Partner continues to use the Service or any alternate service offered by PEOURE,
following any notice of the Service Modifications, it shall constitute the Restaurant Partner’s
acceptance of such Service Modifications.