Legal Documentation

Restaurant Partner Terms and Conditions

Legally binding agreement for Food Ordering and Delivery Services

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 the Restaurant Partner and Minta Club Private Limited regarding use of Minta Restro's Platform for the provision of Restaurant Services to the Customers.

1. Key Definitions

  • Service fee: The amount payable by the Restaurant Partner to Minta Restro, as set out in the Form.
  • Gross Sales: The gross amount charged by the Restaurant Partner to any Customer attributable to any Order including all applicable taxes less discounts.
  • Restaurant Service: 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.
  • Net Order Value: Order Value received, less the Service fee and any other additional amount or charges due to Minta Restro.

2. Minta Restro's Obligations

Minta Restro will list the Restaurant Partner's menu and price list on the Platform and transfer amounts received from Customers in accordance with agreed Terms. Minta Restro will transmit Orders placed by the Customer to the Restaurant Partner via Tablet, Device, or other means.

Limitation: Minta Restro is only responsible for providing a Platform and Logistics Services (if applicable). Minta Restro will not be responsible for the quality of Restaurant Services, processing of Orders, or delay in preparation by the Restaurant Partner.

3. Restaurant Partner's Obligations

  • Non-Discrimination: The Restaurant Partner will not discriminate while servicing Orders and will not provide preferential treatment to customers ordering independently. The Partner must respect the dignity of Delivery Partners and prevent harassment.
  • Information Accuracy: Partner must ensure information provided (name, address, menu, prices, taxes) is current and accurate.
  • Processing: Partner shall process and execute Orders promptly. If unable to provide services, the Partner must turn off the "Accepting Delivery" feature.
  • Food Quality: Partner warrants that food is of high quality, fit for human consumption, and compliant with the Food Safety and Standards Act, 2006.
  • Packaging: Orders must be appropriately packed to avoid spillage. The Partner must comply with applicable laws on the ban of single-use plastic.
  • Pricing parity: The Restaurant Partner will maintain equal or lower prices for products offered on the Platform compared to its direct channels (dine-in, takeaway, etc.).

6. Use of Minta Restro Tablet/Device

The Tablet or Minta Restro Device shall be used solely for confirming/cancelling orders, reviewing particulars, and communicating with Minta Restro. The Partner shall not remove the preloaded SIM card.

The Partner agrees that Minta Restro is entitled to recover amounts for lost or damaged devices. Specifically, Minta Restro may recover INR 36,000/- towards a lost/damaged Tablet and INR 5,000/- towards accessories.

9. Payment Settlement Process

Order Value collected by Minta Restro will be passed to the Restaurant Partner subject to deductions for: Service fee, Payment Mechanism Fee, taxes collected by Minta Restro, and other due amounts.

Minta Restro shall remit the Order Value on a weekly settlement basis (usually by Thursday of the following week).

10. Additional Charges & Penalties

Minta Restro reserves the right to charge additional amounts for orders requiring support or rejected orders:

  • Orders requiring support: If exceeding 5% of weekly volume, charged at INR 10.00 per Order.
  • Rejected Orders (Tier 1): If exceeding 0.5% of weekly volume, charged at 10% of the Net Order Value of rejected orders.
  • Rejected Orders (Tier 2): If exceeding 2% of weekly volume, charged at 25% of the Net Order Value of rejected orders.

11. Taxes

The Restaurant Partner is responsible for all taxes associated with supplies other than Restaurant Services.

Restaurant Service Tax (u/s 9(5) CGST Act):

W.e.f. January 1, 2022, Minta Restro is responsible for payment and collection of taxes in connection with Customer Orders of Restaurant Service and will deposit the same to appropriate authorities.

Minta Restro is required to collect Tax Collected at Source (TCS) and deduct Tax Deducted at Source (TDS) as per applicable laws.

13. Warranty and Indemnity

The Restaurant Partner agrees to indemnify Minta Restro against any claims arising out of:

  • Reasons not attributable to the Service
  • Content, Information, or material provided by the Partner
  • Quality of Restaurant Services or delivery undertaken by the Partner
  • Collection or payment of applicable taxes
  • Misuse, fraud, or misrepresentation by the Partner

15. Term and Termination

The arrangement continues indefinitely unless terminated. Either Party may terminate with seven (7) days prior written notice.

Minta Restro may terminate immediately if the Partner fails to conduct business in accordance with Terms, fails to deliver orders for 14 continuous days, engages in fraudulent activity, or becomes insolvent.

19. Governing Law

This Form shall be governed by the Laws of India, and the courts of New Delhi shall have exclusive jurisdiction over matters arising hereunder. Parties shall first endeavour to resolve disputes amicably within fifteen (15) days.

Minta Restro may modify these Terms from time to time, effective immediately upon reflection on the Platform.