TERMS OF SERVICE

2.1 Age Requirement (Non-Negotiable)

Users must be 18 years of age or older to create an account or place orders. We employ age verification mechanisms including:

• Government-issued ID verification (Aadhaar, PAN, Driver's License)
• Payment method authentication (credit/debit cards require adult accounts)
• Behavioral pattern analysis (AI-based fraud detection)

Penalty for False Age Declaration: ₹2,00,000 (Two Lakhs) penalty + immediate account termination + legal action under IPC Section 420 (Cheating and dishonestly inducing delivery of property).

2.2 Account Security

You are solely responsible for:

• Maintaining confidentiality of your password and account credentials
• All activities that occur under your account, including unauthorized access
• Immediately notifying us of any suspected breach via security@gharse.app

We will NOT be liable for losses arising from unauthorized use of your account unless proven to be our direct negligence.

2.3 Prohibited Account Activities

The following are STRICTLY PROHIBITED and will result in immediate termination:

• Creating multiple accounts to abuse referral programs or coupons
• Using stolen credit cards or fraudulent payment methods
• Impersonating another person or entity
• Sharing accounts with minors (below 18 years)
• Automated bot/scraper access to place bulk orders

3.1 Offer and Acceptance (Indian Contract Act, 1872)

When you place an order, you make an offer to purchase under Section 2(a) of the Indian Contract Act. We reserve the right to accept or reject this offer at our sole discretion. An order is considered accepted only when:

• You receive an Order Confirmation Email with a unique Order ID
• Payment is successfully processed (for prepaid orders)
• The order passes our fraud detection systems

No Contract = No Obligation: If we do not send a confirmation, no contract exists, and we are not obligated to fulfill the order.

3.2 Pricing and Payment

All prices are in Indian Rupees (₹) and include GST unless stated otherwise.

We reserve the right to:

• Modify menu prices at any time without prior notice
• Implement dynamic pricing based on demand, kitchen capacity, or ingredient availability
• Charge delivery fees based on distance and order value

Price Guarantee: Once your order is confirmed, the price is locked and will not change even if menu prices increase thereafter.

3.3 Cancellation Window

You may cancel an order within 5 minutes of placement for a full refund (prepaid orders only). After this window:

• Cancellation is subject to our approval (if food preparation has not started)
• If preparation has started, a 50% cancellation fee applies to cover ingredient costs
• No cancellation allowed once order is marked "Out for Delivery"

3.4 Delivery Estimates

Estimated delivery times are approximate and not guaranteed. Delays may occur due to:

• High order volume during peak hours
• Adverse weather conditions (heavy rain, storms)
• Traffic congestion or road closures
• Government-imposed restrictions (lockdowns, curfews)

Late Delivery Compensation: If delivery exceeds the estimated time by more than 30 minutes (excluding force majeure events), you will receive a ₹50 discount voucher for your next order.

5.1 FSSAI Compliance

We operate under a valid FSSAI License and comply with Food Safety and Standards Act, 2006. All food is prepared in hygienic conditions following mandated safety protocols.

5.2 Allergen Responsibility

It is YOUR responsibility to disclose food allergies and dietary restrictions in your user profile or order notes. We make reasonable efforts to accommodate, but CANNOT GUARANTEE cross-contamination prevention in shared kitchens.

CRITICAL WARNING: If you have severe allergies (anaphylaxis risk), consult our menu directly or contact us before ordering. We are NOT liable for allergic reactions if you failed to disclose allergies.

5.3 Vulnerable Populations

Pregnant women, elderly persons (65+), immunocompromised individuals, and those with chronic illnesses should exercise caution when consuming:

• Raw or undercooked items (eggs, meat)
• Spicy foods (gastric distress risk)
• Dairy products (if lactose intolerant)

Consult your physician before ordering if you have medical dietary restrictions.

6.1 Platform Liability (Limited to Technology Services Only)

Our ONLY liability is for failures of our technology platform itself (website downtime, payment processing errors). Maximum liability:

• For Payment Errors: Refund of incorrectly charged amount only
• For Platform Technical Failures: Maximum ₹1,000 compensation for proven losses due to OUR technical errors
• For Data Breaches: As per DPDPA 2023 statutory limits (platform data only, not restaurant data)

We have ZERO liability for Partner Restaurant actions, food quality, or any food-related claims.

6.2 Exhaustive Exclusions of TechBantu Liability (Statutory and Contractual)

TechBantu IT Solutions LLC is ABSOLUTELY, CATEGORICALLY, AND IRREVOCABLY EXEMPT from ALL liability for:

A. Food-Related Claims (Covered by IT Act § 79 Intermediary Exemption):

• Food safety and quality: Contamination, spoilage, foreign objects, bacterial/viral presence, chemical adulter ation, improper temperature control, cross-contamination, expired ingredients
• Health consequences: Food poisoning, gastroenteritis, allergic reactions, anaphylactic shock, hospitalization, long-term illness, disability, death
• Regulatory violations: FSSAI non-compliance, food safety violations, hygiene standard failures, unlicensed operations
• Preparation defects: Undercooked food, improper handling, unsanitary conditions, allergen disclosure failures

B. Food Operator's Business Operations (Independent Contractor Relationship):

• Operational decisions: Menu pricing, ingredient selection, business hours, order acceptance/rejection, refund policies
• Delivery logistics: Timing, route selection, packaging quality, delivery personnel conduct
• Customer service: Order accuracy, customer complaints, refund processing, communication quality
• Employment matters: Independent Home Chef's employees, contractors, or agents (TechBantu has NO employer-employee relationship)

C. Third-Party Services and Force Majeure:

• Payment gateway failures: Stripe, Razorpay, or other third-party payment processor errors
• Force majeure: Acts of God, pandemics, war, terrorism, government orders, natural disasters
• Third-party claims: Lawsuits by individuals who consumed food prepared by Independent Home Chef

D. Consequential and Incidental Damages (Contractual Waiver):

• Loss of profits, business interruption, loss of business opportunity
• Emotional distress, mental anguish, pain and suffering
• Reputational harm, defamation, or loss of goodwill
• Punitive or exemplary damages under any theory of liability

Legal Basis for Complete Exemption:

• IT Act § 79: Technology intermediary providing mere conduit services bears no liability for third-party content or services
• Consumer Protection Act § 2(38): "Service provider" definition excludes pure technology platforms
• Indian Contract Act § 206-208: Agent acting on behalf of disclosed principal (Independent Home Chef) - principal liable, not agent
• California Civil Code § 1714.45: Service provider immunity from third-party food service claims

MANDATORY CLAIMS DIRECTION: ALL FOOD-RELATED, FOOD-BUSINESS, AND REGULATORY CLAIMS MUST BE FILED EXCLUSIVELY AGAINST THE INDEPENDENT HOME CHEF (FOOD OPERATOR), NOT TECHBANTU IT SOLUTIONS LLC. FILING CLAIMS AGAINST TECHBANTU SHALL BE DEEMED FRIVOLOUS AND SUBJECT TO SANCTIONS UNDER CPC ORDER VII Rule 11 (India) AND CALIFORNIA CCP § 128.5 (US).

6.3 Indemnification (You Agree Not to Sue TechBantu)

You UNCONDITIONALLY AGREE to indemnify, defend, and hold harmless TechBantu IT Solutions LLC, its owners, directors, employees, contractors, and partners from ANY AND ALL claims, lawsuits, damages, losses, liabilities, costs, and expenses (including legal fees) arising from:

• ANY food-related claims: food poisoning, contamination, allergic reactions, illness, injury, or death
• Food operator negligence: Sailaja's poor hygiene, FSSAI violations, food safety failures
• Medical expenses: hospital bills, treatment costs, lost wages due to food illness
• Your violation of these Terms
• Your fraudulent activities or false refund claims
• Your provision of false information or fake medical certificates
• Your infringement of third-party rights
• Any lawsuit you file against TechBantu for food-related issues (you agree to pay legal costs if you lose)

BY USING THIS PLATFORM, YOU WAIVE YOUR RIGHT TO SUE TECHBANTU IT SOLUTIONS LLC FOR ANY FOOD-RELATED CLAIMS. You agree that all such claims must be directed solely against Sailaja (the food operator).

7.1 Independent Home Chef Intellectual Property (Food Business Assets)

The following assets are the sole and exclusive property of the Independent Home Chef, with NO ownership interest held by TechBantu IT Solutions LLC:

• Recipes, formulations, and cooking methods: Proprietary culinary creations protected under Indian Copyright Act, 1957 (as literary/artistic works) and common law trade secret protection
• Food photography and menu descriptions: Visual and textual content created by or licensed to the Independent Home Chef
• Brand identity "GharSe" (food business context): Trade name and associated goodwill in food services sector; Independent Home Chef has exclusive right to use in connection with food business operations
• Customer relationships and food business goodwill: All customer data related to food preferences, order history, and culinary reputation vests in Independent Home Chef
• FSSAI license and regulatory approvals: All food safety certifications, licenses, and regulatory permissions are held exclusively by Independent Home Chef

Legal Basis: Copyright Act, 1957 (§ 13 - original literary, artistic works); Trade Marks Act, 1999 (§ 9 - unregistered trade name rights); Indian Penal Code § 378 (theft of trade secrets); common law doctrines of trade secret protection.

7.2 TechBantu IT Solutions LLC Intellectual Property (Technology Assets)

The following assets are the sole and exclusive property of TechBantu IT Solutions LLC, a California limited liability company, with NO ownership interest held by the Independent Home Chef:

• Proprietary software code and algorithms: Source code, object code, backend logic, database schemas, API architecture, AI/ML algorithms (dynamic pricing, demand prediction, recommendation engines) protected under 17 U.S.C. § 102 (US Copyright Act) and Indian Copyright Act, 1957
• Platform UI/UX design and interface elements: Visual design, user interface components, graphic elements, color schemes, layout structures protected as compilation works and design patents (where applicable)
• Technical infrastructure: Domain names, hosting architecture, cloud computing resources, server configurations, CDN networks, SSL certificates
• Technology trademarks and service marks: "TechBantu," "TechBantu IT Solutions," and associated technology-related branding (NOT food-related branding)
• Data analytics and business intelligence: Aggregated platform usage data, technical performance metrics, system optimization algorithms (excluding customer personal data or food business information)
• Patents and patent applications: Pending patent applications for novel technology inventions (if any) under Patents Act, 1970 (India) and 35 U.S.C. (US Patent Act)

Legal Basis: 17 U.S.C. § 102 (US Copyright Act - software as literary work); 35 U.S.C. § 101 (patent protection for algorithms); California Uniform Trade Secrets Act (Cal. Civ. Code § 3426); Indian Copyright Act, 1957; Information Technology Act, 2000, § 43 (unauthorized access to computer systems - criminal penalties).

7.3 Commercial Relationship - Software Licensing, NOT Partnership

TechBantu IT Solutions LLC provides technology services to the Independent Home Chef under a commercial software-as-a-service (SaaS) licensing agreement. This is a vendor-client relationship, NOT a partnership, joint venture, franchise, or co-ownership arrangement.

Key Terms of Technology Service Agreement:

• Service Model: TechBantu licenses software on a subscription/service fee basis (NOT profit-sharing or revenue partnership)
• No Operational Control: TechBantu has ZERO control, supervision, or involvement in food business operations, pricing, menu selection, or customer service
• Independent Contractor Status: Independent Home Chef operates as independent business entity using TechBantu's technology tools (analogous to Shopify merchant using Shopify platform)
• Separate Legal Entities: No joint liability, no agency relationship, no ostensible partnership under Indian Partnership Act, 1932

7.4 Prohibited Uses and Severe Enforcement

STRICTLY PROHIBITED: Users are absolutely prohibited from:

• Copying, reproducing, or reverse-engineering TechBantu's proprietary software, algorithms, or technical infrastructure
• Scraping website data, menu information, or customer data using automated tools or bots
• Using "GharSe" trademark or brand identity for competing food businesses
• Copying Independent Home Chef's recipes for commercial use
• Decompiling, disassembling, or attempting to derive source code from TechBantu's software

Jurisdiction for IP Claims: TechBantu reserves the right to file IP infringement claims in California, USA (for software/technology IP) or Hyderabad, India (for broader claims), at TechBantu's sole discretion. Independent Home Chef reserves the right to file food business IP claims in Hyderabad, India.

8.1 Governing Law - Bifurcated by Subject Matter

A. Food Business Disputes (Governed Exclusively by Indian Law):

• Indian Contract Act, 1872: Governs customer-Independent Home Chef food sale contracts
• Consumer Protection Act, 2019: Governs consumer rights, refunds, deficiency in service, and food business disputes
• Food Safety and Standards Act, 2006: Governs food safety, FSSAI compliance, and food operator liability (applies ONLY to Independent Home Chef, NOT TechBantu)
• Sale of Goods Act, 1930: Governs food product quality, fitness for purpose, and merchant warranties

B. Technology Services Disputes (Governed by California and US Law):

• California Corporations Code: Governs TechBantu IT Solutions LLC's corporate structure and limited liability protections
• California Commercial Code: Governs software licensing and technology service agreements
• 17 U.S.C. (US Copyright Act): Protects TechBantu's proprietary software and technology intellectual property
• 47 U.S.C. § 230 (Communications Decency Act): Federal intermediary immunity for technology platforms from third-party content/service liability

C. Intermediary Protections (Dual Statutory Framework):

• IT Act § 79 (India): TechBantu qualifies as "intermediary" exempt from liability for third-party food operations
• Information Technology (Intermediary Guidelines) Rules, 2021 (India): TechBantu complies as intermediary providing technical hosting services

8.2 Mandatory Exclusive Jurisdiction for Food Disputes

ALL FOOD-RELATED DISPUTES, CLAIMS, OR LEGAL ACTIONS (including but not limited to food orders, quality, safety, delivery, refunds, cancellations, consumer complaints) shall be subject to the EXCLUSIVE JURISDICTION of the courts located in Hyderabad, Telangana, India.

By placing an order, you IRREVOCABLY AND UNCONDITIONALLY CONSENT to the exclusive jurisdiction of Hyderabad courts and EXPRESSLY WAIVE any objection to venue, inconvenient forum, or lack of personal jurisdiction.

Forum Selection Clause: This is a mandatory forum selection clause enforceable under Indian Contract Act § 28 and international comity principles recognized by Supreme Court of India in ABC Laminart Pvt. Ltd. v. A.P. Agencies (AIR 1989 SC 1239). Any action filed in a different jurisdiction shall be dismissed for improper venue.

8.3 California Jurisdiction for Technology Disputes Only

Any disputes arising solely and exclusively from TechBantu IT Solutions LLC's technology services (e.g., software licensing disputes NOT related to food, intellectual property claims related to TechBantu's proprietary code, payment processing technology failures NOT related to food orders) may, at TechBantu's sole discretion, be subject to the jurisdiction of the courts in California, United States of America.

Critical Limitation: This provision applies ONLY to pure technology disputes with NO connection to food operations.

8.4 Amicable Resolution (First Step - Mandatory Good Faith Effort)

Before initiating any legal action or arbitration, you MUST contact the Independent Home Chef's grievance officer at grievance@gharse.app to attempt good-faith resolution within 15 business days.

Failure to comply with this mandatory pre-litigation requirement may result in dismissal of claims under Indian Contract Act principles of good faith and fair dealing.

8.5 Arbitration (Second Step - Optional Alternative to Litigation)

If amicable resolution fails, parties may mutually agree to submit food-related disputes to binding arbitration under the Arbitration and Conciliation Act, 1996:

• Arbitration Venue: Hyderabad, Telangana, India (exclusive)
• Governing Arbitration Law: Arbitration and Conciliation Act, 1996 (as amended by Arbitration and Conciliation (Amendment) Act, 2015 and 2019)
• Language: English
• Arbitrator: Single arbitrator mutually appointed; if no agreement within 30 days, appointed by Chief Justice of Telangana High Court under Section 11
• Cost Allocation: Each party bears own legal costs; arbitrator fees split equally unless arbitrator determines otherwise
• Award Finality: Arbitration award is final and binding, enforceable under Section 36 of Arbitration Act (limited appeal rights under Section 34 - only for patent illegality, violation of public policy, or procedural irregularities)

Note: Arbitration is NOT mandatory; parties may proceed directly to Hyderabad courts if preferred.

8.6 Litigation (Third Step - Court Jurisdiction)

If arbitration is not pursued or arbitration award is challenged, any legal action MUST be filed in the courts of Hyderabad, Telangana, India to the exclusion of all other courts worldwide.

Court Hierarchy:

• Trial Court: District Court, Hyderabad (for civil claims) or jurisdictional magistrate court (for criminal matters)
• Appellate Court: Telangana High Court (for appeals from trial courts)
• Final Appellate Court: Supreme Court of India (for appeals from High Court, subject to Supreme Court's discretion to grant special leave under Article 136 of Constitution)

8.7 Consumer Court Rights - Statutory Protections Preserved

NOTHING IN THIS AGREEMENT affects your statutory right to file consumer complaints directly with Consumer Courts under Consumer Protection Act, 2019:

• District Consumer Disputes Redressal Commission (District Commission): For claims up to ₹50 lakhs (₹5 million)
• State Consumer Disputes Redressal Commission (State Commission): For claims ₹50 lakhs to ₹2 crores (₹20 million) + appeals from District Commission
• National Consumer Disputes Redressal Commission (National Commission): For claims above ₹2 crores + appeals from State Commission

Consumer court proceedings are governed by Consumer Protection Act, 2019, and Consumer Protection (Consumer Disputes Redressal Commission) Rules, 2020. Consumer courts provide expedited justice (target: 3-5 months for District Commission).

10.1 Termination by You

You may terminate your account at any time by contacting support@gharse.app. Upon termination:

• Your data will be anonymized after 30 days (see Privacy Policy)
• Unused wallet balance will be refunded within 14 business days
• Order history retained for 7 years (tax compliance)

10.2 Termination by Us

We may terminate your account immediately without notice if you:

• Violate these Terms
• Engage in fraudulent activity
• Abuse our staff or delivery personnel
• Conduct chargebacks without valid reason

Upon termination by us for cause, no refunds will be provided, and you may be permanently banned from future registration.

12.1 Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, and Referral Terms, constitute the entire agreement between you and GharSe, superseding all prior understandings, representations, or agreements.

12.2 Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

12.3 No Waiver

Our failure to enforce any right or provision of these Terms does NOT constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

12.4 Assignment

You may NOT assign or transfer your account or these Terms to any third party without our written consent. We may assign these Terms to any successor entity in case of merger, acquisition, or sale of business.

12.5 Survival

Sections 4 (Prohibited Conduct), 6 (Limitation of Liability), 7 (Intellectual Property), 8 (Dispute Resolution), and 12 (Miscellaneous) shall survive termination of these Terms.

13.1 Food Business Operator

13.2 Technology Provider (TechBantu IT Solutions LLC)

13.3 Critical Contact Directive