IMPORTANT: Please read this Vendor Agreement carefully before registering as a vendor on our platform. By registering and using our platform, you agree to be bound by the terms and conditions set forth below.
1Parties to the Agreement
This Vendor Agreement ("Agreement") is entered into between:
- Platform Owner: Kshitij Software ("Platform", "we", "us", or "our")
- Vendor: The food business entity or individual registering on the platform ("Vendor", "you", or "your")
2Scope & Purpose
This Agreement governs the relationship between the Platform and the Vendor regarding the use of our technology platform that connects home-based cloud kitchens and restaurants with customers in their locality.
Platform Role
The Platform acts solely as a technology facilitator. We provide a digital marketplace that enables customers to discover vendors, view menus, and place orders. The Platform does NOT:
- Prepare, cook, or handle food in any manner
- Deliver food to customers
- Collect, process, or mediate payments between customers and vendors
- Act as an intermediary in financial transactions
3Vendor Responsibilities
3.1 Legal Compliance
The Vendor represents and warrants that:
- They possess all necessary licenses, permits, and registrations required by applicable laws to operate a food business in their jurisdiction
- They comply with all local, state, and central food safety regulations, including but not limited to FSSAI (Food Safety and Standards Authority of India) regulations
- Their food business operations are legal and authorized under applicable Indian laws
- They will promptly notify the Platform of any changes to their legal status or licenses
3.2 Food Quality, Hygiene, and Safety
The Vendor is solely responsible for:
- Maintaining the highest standards of food quality and preparation
- Ensuring all food items comply with food safety and hygiene standards
- Proper storage, handling, and preparation of all food items
- Obtaining and maintaining all necessary health and safety certifications
- Preventing food contamination and ensuring freshness
- Proper labeling of ingredients, allergens, and nutritional information where required
3.3 Order Acceptance, Preparation, and Delivery
The Vendor agrees to:
- Accept or reject orders placed through the Platform in a timely manner
- Prepare all accepted orders according to the specifications provided by customers
- Ensure accurate order fulfillment with correct items and quantities
- Arrange for delivery of orders to customers within the agreed time frame
- Maintain effective communication with customers regarding order status
- Handle customer complaints and concerns promptly and professionally
3.4 Pricing, Menu Accuracy, and Availability
The Vendor shall:
- Display accurate and up-to-date pricing for all menu items on the Platform
- Ensure menu items, descriptions, images, and prices are current and correct
- Honor the prices displayed at the time of order placement
- Maintain accurate inventory and update item availability in real-time
- Notify customers immediately if an ordered item becomes unavailable
- Not engage in misleading or false advertising of menu items
3.5 Direct Payment Collection
Payment Responsibility
The Vendor acknowledges and agrees that:
- All payments for orders are collected directly by the Vendor from customers
- The Platform does NOT collect, process, store, or mediate any payments
- The Vendor is solely responsible for all payment-related interactions with customers
- The Vendor must handle all payment disputes, refunds, and chargebacks directly with customers
4Payment Clause
4.1 Platform's Payment Role
The Platform explicitly disclaims any responsibility for:
- Payment collection, processing, or handling
- Payment disputes between vendors and customers
- Refunds, chargebacks, or payment reversals
- Payment gateway failures or issues
- Any financial transactions between vendors and customers
4.2 Vendor's Payment Obligations
The Vendor agrees to:
- Establish their own payment collection mechanisms (cash, UPI, cards, etc.)
- Handle all payment-related customer service inquiries
- Resolve all payment disputes directly with customers
- Comply with all applicable payment-related regulations and tax laws
- Maintain accurate records of all transactions for tax and accounting purposes
5Account Activation & Verification
5.1 Registration Process
The Vendor must:
- Provide accurate and complete information during registration
- Submit all required documents for verification (business license, FSSAI registration, address proof, etc.)
- Maintain the accuracy of information provided to the Platform
- Promptly update any changes to business information
5.2 Platform's Verification Rights
The Platform reserves the right to:
- Verify the Vendor's credentials, licenses, and documentation
- Request additional information or documents at any time
- Conduct background checks or verification through third-party services
- Reject or suspend vendor applications that do not meet our criteria
5.3 Account Suspension and Deactivation
The Platform may, at its sole discretion, suspend or deactivate a Vendor's account immediately and without prior notice if:
- The Vendor violates any terms of this Agreement
- The Vendor provides false or misleading information
- The Vendor's licenses or permits are revoked or expire
- The Vendor engages in fraudulent, illegal, or unethical practices
- The Vendor receives multiple serious complaints about food quality or safety
- The Vendor fails to maintain food safety standards
- The Vendor misuses the Platform in any manner
- Required for compliance with legal or regulatory requirements
6Liability & Indemnity
6.1 Vendor Indemnification
The Vendor agrees to indemnify, defend, and hold harmless Kshitij Software, its affiliates, employees, directors, and representatives from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:
- Food Quality: Any issues related to food quality, freshness, contamination, or spoilage
- Health Issues: Any foodborne illnesses, allergic reactions, or health problems resulting from consumption of food prepared by the Vendor
- Payment Disputes: Any disputes, chargebacks, or issues related to payment collection or processing
- Delivery Failures: Late deliveries, incorrect deliveries, damaged goods, or failure to deliver orders
- Misrepresentation: False or misleading information provided by the Vendor
- Regulatory Violations: Any violations of food safety, health, or business regulations
- Customer Claims: Any claims, complaints, or legal actions by customers related to the Vendor's products or services
6.2 Platform's Limitation of Liability
The Platform's liability is limited to:
- The Platform provides technology services only and is not responsible for the Vendor's business operations
- The Platform is not liable for any direct, indirect, incidental, special, or consequential damages
- The Platform's maximum liability shall not exceed the amount of fees (if any) paid by the Vendor to the Platform in the preceding 12 months
- The Platform is not responsible for losses due to system downtime, technical failures, or internet connectivity issues
7Termination
7.1 Termination by Platform
The Platform may terminate this Agreement and suspend or deactivate the Vendor's access to the Platform immediately and without notice if:
- The Vendor violates any term or condition of this Agreement
- The Vendor engages in fraudulent, illegal, or unethical activities
- The Vendor's food safety practices pose a risk to public health
- The Vendor repeatedly receives serious customer complaints
- The Vendor fails to comply with applicable laws or regulations
- The Vendor's licenses or permits are revoked or expire
- The Platform determines, in its sole discretion, that termination is necessary
7.2 Termination by Vendor
The Vendor may terminate this Agreement by:
- Providing 30 days' written notice to the Platform
- Fulfilling all pending orders before termination
- Settling all outstanding obligations
7.3 Effect of Termination
Upon termination:
- The Vendor's access to the Platform will be immediately revoked
- The Vendor must fulfill all pending orders
- All obligations and indemnities under this Agreement shall survive termination
- The Vendor's data may be retained by the Platform for legal and regulatory compliance
8Intellectual Property
- The Platform owns all rights, title, and interest in the Platform technology, software, and branding
- The Vendor grants the Platform a license to use the Vendor's name, logo, menu items, and images for Platform operations
- The Vendor retains ownership of their recipes, menu content, and brand identity
9Data Privacy
The Platform collects and processes Vendor data in accordance with its Privacy Policy. The Vendor agrees to the collection and use of their data as described in the Privacy Policy.
10Confidentiality
Both parties agree to maintain the confidentiality of proprietary information shared during the course of this Agreement and not to disclose such information to third parties without prior written consent.
11Force Majeure
Neither party shall be liable for failure to perform its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, government actions, or internet connectivity failures.
12Modifications to Agreement
The Platform reserves the right to modify this Agreement at any time. Material changes will be notified to the Vendor. Continued use of the Platform after such modifications constitutes acceptance of the updated Agreement.
13Governing Law & Jurisdiction
13.1 Applicable Law
This Agreement shall be governed by and construed in accordance with the laws of India.
13.2 Jurisdiction
Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts located in India, and the parties consent to the personal jurisdiction of such courts.
13.3 Dispute Resolution
The parties agree to first attempt to resolve disputes through good faith negotiations. If unresolved, disputes shall be resolved through appropriate legal proceedings in Indian courts.
14General Provisions
- Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings
- Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect
- Waiver: Failure to enforce any provision of this Agreement does not constitute a waiver of that provision
- Assignment: The Vendor may not assign this Agreement without the Platform's prior written consent
- Notices: All notices shall be sent to the email address provided during registration
15Contact Information
For questions, concerns, or notices regarding this Agreement, please contact:
Kshitij Software
Email: support@kshitijsoftware.com
Website: https://eorders.in
Acceptance of Agreement
By registering as a Vendor on this Platform, you acknowledge that:
- You have read, understood, and agree to be bound by this Vendor Agreement
- You understand the Platform's role as a technology facilitator only
- You accept full responsibility for your food business operations
- You agree to comply with all applicable laws and regulations