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Terms & Conditions

These Terms and Conditions (“Agreement”, “Terms”) constitute a legally binding contract between FoodPe (operated by J29 F&B Consultancy LLP, hereinafter referred to as “FoodPe”, “we”, “our”, or “us”) and the entity registering for and/or utilizing the FoodPe services (the “Merchant”, “Client”, “you”, or “your”). By accessing the FoodPe platform, making any payment, or otherwise availing services, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms, together with all referenced policies, annexures, and supplemental agreements.

1. Scope of Services

1.1 FoodPe provides a business-to-business SaaS technology platform that enables restaurants, food outlets, and related entities to:

  • Implement and operate a Meta-verified WhatsApp chatbot for ordering and engagement.
  • Access digital tools such as menu hosting, POS integration, loyalty programs, delivery partner integration, analytics dashboards, and WhatsApp marketing utilities.
  • Facilitate order placement, collection of customer payments, and integration with third-party delivery providers.

1.2 FoodPe does not act as a seller, manufacturer, or distributor of food items and assumes no liability for the Merchant’s food products, quality, safety, or compliance. FoodPe’s role is limited to that of a technology facilitator.

2. Merchant Representations & Obligations

The Merchant expressly warrants and undertakes that:

  • It holds valid licenses, approvals, and certifications (including but not limited to FSSAI registration) required under applicable food and safety laws.
  • It shall not list, sell, or deliver unsafe, misbranded, or unlawful products through the FoodPe platform.
  • It remains solely responsible for product liability, quality control, order fulfillment, customer complaints, refund decisions, and compliance with food and consumer protection laws.
  • It shall maintain the registered WhatsApp Business number provided for chatbot integration, and acknowledges that any non-availability, suspension, or technical lapse in maintaining such number shall not exempt the Merchant from payment obligations.
  • It shall provide accurate, complete, and updated information, including menu details, pricing, offers, banking details, and tax registration numbers, and shall remain liable for all consequences arising from any inaccuracy.

3. Delivery and Third-Party Integrations

  • FoodPe may, at its discretion, integrate third-party service providers (e.g., delivery partners, logistics platforms, or marketing tools).
  • Notwithstanding the foregoing, FoodPe may, where applicable, recover penalties from third parties and pass such recoveries to the Merchant, subject to its internal policies.

4. Data, Confidentiality & Intellectual Property

  • All customer data generated through the FoodPe platform shall remain the exclusive property of the Merchant.
  • FoodPe shall employ industry-standard measures to safeguard such data but disclaims liability for breaches arising from factors beyond its reasonable control (including cyberattacks or third-party failures).
  • All proprietary technology, designs, algorithms, methodologies, and intellectual property belonging to FoodPe shall remain its sole and absolute property. The Merchant shall not copy, reverse engineer, replicate, or exploit FoodPe’s IP for any purpose outside this Agreement.

5. Limitation of Liability

  • FoodPe shall not, under any circumstances, be liable for:
    • Indirect, incidental, consequential, exemplary, or punitive damages.
    • Business losses, reputational harm, or anticipated profits of the Merchant.
    • Failures or delays attributable to delivery partners, payment processors, third-party APIs, or force majeure events. 

6. No Refund, Cancellation & Lock-In Policy

  • All payments made by the Merchant are non-cancellable and non-refundable.
  • Services are subject to a mandatory lock-in period of one (1) year commencing from the effective date of onboarding.
  • During this lock-in, cancellations are not permitted, except in cases where (i) significant and repetitive technology failures occur, (ii) FoodPe fails to resolve issues despite written escalation for more than seven (7) business days, and (iii) such failures materially impair Merchant’s operations.
  • In the event of premature termination not meeting the aforesaid criteria, FoodPe reserves the right to immediately recover the entire balance subscription fees for the annual term, together with any onboarding charges, penalties, or costs of recovery.

7. Term & Renewal

  • This Agreement shall remain in force for an initial term of one (1) year.
  • It shall automatically renew for successive one-year periods on the same terms unless either party provides written notice of non-renewal at least thirty (30) days prior to expiry of the then-current term.

8. Governing Law & Dispute Resolution

  • This Agreement shall be governed by and construed in accordance with the laws of India.
  • Any dispute shall first be attempted to be resolved through good-faith negotiations.
  • Failing such resolution, disputes shall be submitted to arbitration under the Arbitration and Conciliation Act, 1996, with the venue of arbitration in Gurgaon, Haryana. The arbitral award shall be final and binding.

9. Fees & Payments

  • The Merchant shall pay to FoodPe the following fees and charges:
    • A non-refundable one-time installation & onboarding charge of INR 5,650.
    • Monthly subscription/maintenance charges of INR 1,800, payable in advance, exclusive of applicable taxes.
    • Payment gateway charges equivalent to 2% of the Gross Transaction Value processed via the FoodPe platform.
    • Any ancillary fees, penalties, or deductions as notified by FoodPe in writing from time to time.
  • All payments are subject to Goods and Services Tax (GST) and any other applicable levies, duties, or taxes, which shall be borne exclusively by the Merchant.
  • FoodPe reserves the right, at its sole discretion, to revise, amend, or modify the fee structure, provided prior written or electronic notice is issued to the Merchant. Continued usage of services post such notification shall constitute deemed acceptance.

10. Miscellaneous

  • Entire Agreement: These Terms, along with referenced annexures and policies, constitute the entire understanding between the Parties and supersede all prior arrangements.
  • Amendments: Any modification must be communicated by FoodPe in writing or electronically. Continued use of services shall constitute acceptance.
  • Severability: If any provision is found unenforceable, the remaining provisions shall continue in full force and effect.
  • Assignment: The Merchant may not assign or transfer rights or obligations under this Agreement without prior written consent of FoodPe.

11. Force Majeure

FoodPe shall bear no liability, obligation, or responsibility whatsoever for any suspension, delay, limitation, interruption, degradation, or cessation of services, whether temporary or permanent, arising directly or indirectly, in whole or in part, from any cause beyond its commercially reasonable control.

12. Contact & Escalations

For queries, escalations, or legal notices: