Terms & Conditions Of The Restaurant Partner Enrollment
These Terms form part of the Restaurant Partner Enrolment Form for Food Ordering and Delivery Services (“Form”) and constitute a legally binding agreement made between you, whether personally or on behalf of an entity (the “Restaurant Partner”), and Messiah and its affiliates (collectively, “Order On Messiah” or “OOM”), regarding use of Messiah’s Platform (as defined below) for the provision of Restaurant Services (as defined below) by the Restaurant Partner to the Customers (as defined below).
i. Messiah 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 the agreed Terms set out herein.
ii. Messiah will display on the Platform, on a best-effort basis, all necessary information provided by the Restaurant Partner. However, Messiah is not under any obligation to display any information until the Restaurant Partner provides all required information and such information is in compliance with Messiah’s policies and guidelines.
iii. Messiah 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. Messiah will transmit the Orders placed by the Customer with the Restaurant Partners as per below:
a. Restaurant Partners having a Tablet or a mobile device with a pre-loaded Merchant Application or Messiah-provided web dashboard (Training materials to be provided along)
b. Messiah’s Service Operator shall communicate Customer Order to the Restaurant Partner a phone call and communicate the Restaurant Partner’s response with respect to (i) acceptance/rejection of the order; (ii) delivery time; (iii) no-response from Restaurant Partner or any such information as may be made available by Messiah from time to time; to the Customer through Customer Application.
c. Where transmission of Order is to the Restaurant Partner-owned device without Merchant Application, The Restaurant Partner agrees that all communication undertaken by Messiah with the Restaurant Partner via phone call may be recorded.
v. For the avoidance of doubt it is hereby expressly clarified that Messiah is only responsible for providing (i) a Platform for the Restaurant Partner to list, offer and sell the Restaurant Services to the Customers and/or (ii) Logistics Services and that Messiah 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. Messiah 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. Messiah shall only be responsible to tally the number of items ordered against the Order received. Restaurant Partner acknowledges and agrees that Messiah shall not be responsible for the 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. Restaurant Partner acknowledges and agrees that delivery will be facilitated by Messiah through a Delivery Partner. Restaurant Partner understands and agrees that Messiah shall not be responsible if the Delivery Partner indulges in the 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 Messiah uses its best endeavours to fulfil the Logistics Services opted for by the Restaurant Partner.
c. Messiah 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 Messiah is a mere facilitator in relation to the Logistics Services whereby Messiah facilitates logistics services by connecting Delivery 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.
x. Messiah shall provide the Restaurant Partner with a web dashboard in the event the Restaurant Partner has a designated device to access such web dashboard, a high-speed internet connection.
Restaurant Partner’s Obligations
The Restaurant Partner will respect the dignity and diversity of Delivery Partners and accordingly will not discriminate against any Delivery Partner on the basis of Discrimination Characteristics. The Restaurant Partner is expected to enable the provision of a secure and fearless gig work environment for the Delivery Partners including prevention and deterrence of harassment (including sexual harassment) towards Delivery Partners. For the purpose of these Terms, ‘Discrimination Characteristics’ shall mean discrimination based on race, community, religion, disability, gender, sexual orientation, gender identity, age (insofar as permitted by applicable laws to undertake the relevant gig work), genetic information, or any other legally protected status.
Restaurant Partner will ensure that the information provided to Messiah 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, offers, menu Item categorisation, service addresses, and other relevant information.
i. Restaurant Partner shall process and execute the Order(s) promptly.
ii. The Restaurant Partner shall be obligated to inform Messiah whenever the Restaurant Partner cannot provide Restaurant Services to the Customer.
iii. 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), Messiah reserves the right to take appropriate action in accordance with its policies, which may be amended from time to time.
iv. Restaurant Partner shall inform Messiah about any change or modification made to the Order by the Customer, directly with the Restaurant Partner.
v. 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.
vi. 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.
d. Properly sealed
e. Proper segregation of veg and non-veg food.
vii. 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. (Messiah would do that under normal circumstances)
viii. To promptly redress the Customer complaints which have been referred by Messiah to the Restaurant Partner in respect of the (a) quality, quantity and/or taste of the food and beverage; (b) failure on the part of the Restaurant Partner to comply with the special requests/instructions of the Customers where the Customer has clearly communicated such requests and/or instructions at the time of the placement of Order.
ix. The Restaurant Partner shall inform any/all menu items unavailable with the Restaurant Partner.
x. For the avoidance of doubt it is hereby expressly clarified that Messiah 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) misconduct / illegal activity of the Delivery 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 Orders that have been placed by the Customers with it on the Platform.
xi. The Restaurant Partner shall ensure that the Order(s) are (a) in accordance with the 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.
xii. Restaurant Partner shall address and resolve all Customer complaints received by Messiah 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 the Customer pertaining to the Order(s).
xiii. 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 may be requisitioned by Messiah from time to time failing which, Messiah reserves the right to delist the Restaurant Partner from the Platform and/or curtail its access from the Platform
xiv. Restaurant Partner shall ensure that it hands over all Orders to the Messiah authorized delivery personnel in spill-proof packaging.
xv. 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 Messiah 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 assigned to such orders or refund/compensation made by Messiah to the Customers whose Orders are cancelled shall be recovered from Restaurant Partner in accordance with Messiah’s cancellation policy. Further, any loss suffered by Messiah or the Delivery Partner due to the use of single-use plastic by the Restaurant Partner, whether on account of any fine imposed by the authorities on Messiah or its Delivery Partner or otherwise, shall be recovered from the Restaurant Partner by making deductions in accordance to the payment settlement process agreed under these Terms.
xvi. The Restaurant Partner shall ensure that the Order is ready at the time the Delivery Partner arrives to collect the Order. Where the Restaurant Partner fails to hand over the Order to the Delivery 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.
xvii. 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.
xviii. Restaurant Partner except required for the fulfilment of Order shall not use the Customer data for sending any unsolicited marketing message, or announcements.
xix. Restaurant Partner shall not engage in any fraudulent activity or misuse any benefits extended by Messiah to Customers and shall be liable to Messiah in the event Messiah becomes aware of any fraudulent activity undertaken by the Restaurant Partner.
xx. Restaurant Partner shall not charge any delivery and/or Payment Mechanism Fee charges from Customers on Orders.
Messiah will manage the restaurant partner’s vendor management on its platform. The management will include adding and removing dishes according to the demand and also managing the cost of the dishes on its platform. The restaurant partner agrees to update Messiah if there is been any changes in the costing and Messiah will take into consideration a few factors before making the final changes live on its platform.
Either Party may terminate the arrangement by providing a fifteen (15) days prior written notice to the other Party.
It is further clarified that, in the event, the Restaurant listings are found to be in violation of any terms, then Messiah shall notify the Restaurant Partner by giving a 30 (thirty) day written notice to help us make the necessary changes and correct the Restaurant listings. However, in case the Restaurant Partner fails to correct the Restaurant listings or fails to update Messiah’s team, then Messiah 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.