Novacul

Terms & Conditions

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TERMS AND CONDITIONS FOR CUSTOMER

Last updated February 5, 2025

AGREEMENT TO OUR LEGAL TERMS

Thank you for using our Services. We are Novacul India Private Limited, doing business as Trustaurant ("Company," "we." "us." "our"), a company registered in India at Novacul India Private Limited Building No. 14/372-D Anjilimootil, Kuzhivelippady, Edathala P.O Ernakulam, Kerala 683561, India.

We operate the website http://www.novacul.com (The "Site"), the mobile application Trustaurant (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

Trustaurant is a revolutionary dining application designed to redefine the way you explore, choose, and savor your favorite cuisines. With a focus on innovation and user satisfaction, Trustaurant offers a range of unique features that set it apart from any other dining app.

You can contact us by phone at (+91)9995661793, email at trustaurant@novacul.com, or by mail to Novacul India Private Limited, I.D Plot no. 205, Poovanthuruthu, Kottayam, Kerala 686012, India.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you" refers to users of our platform), and Trustaurant concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE THE USE IMMEDIATELY.

If we make material changes to these terms and conditions, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.You agree to use the Services in a responsible and lawful manner and not to misuse or abuse them for any purpose. You also agree not to cancel orders without a valid reason or to place orders for fun and then cancel them.

We recommend that you print a copy of these Legal Terms for your records.

DEFINITIONS

“Bill” refers to the invoice(s) that the restaurant partner raises through “Trustaurant” for the customer on the Bill Value related to the sale of goods at the restaurant.
“Bill Value” refers to the entire sum in Indian Rupees stated on the bill for the goods and services the customer used at the restaurant. This sum includes relevant taxes and service fees and other costs that might be incurred.
“Commencement Date” refers to the day that the customer signs up in the Trustaurant application and shall be valid and binding on both parties.
“Customer” (“You”, “Your”) A user who uses the restaurant services via the Trustaurant application is referred to as a "customer".
“Customer Data” All personally identifiable information about a customer that the customer provides via the Trustaurant application is referred to as "Customer Data" and is subject to the privacy policy found at our website. This information may include the customer's name, email address, location, phone number, etc. and preferences.
“Goods” refers to the food and drinks and all other services that the merchant sells in the restaurant.
“Information” includes all the details on the Trustaurant Dashboard of the customer. It also includes any data that the Merchant provides to Trustaurant under these Terms, such as the menu, price lists that supports the menu, the hours of operation of the restaurant’s, the rates at which the Merchant charges the Customer for taxes, and any specific data that the Restaurant Partner is required to provide to Trustaurant either (a) immediately on the Execution Date or (b) within a day of any changes to such data.
“Merchant” (“Restaurant Partners”) refers to the restaurant owner/operator and includes establishments or establishments shown on the dashboard on the Trustaurant.
“Offers” refers to the various promotional offers to reward our loyal customers and attract new ones and any other offers offered by the Merchant at their restaurant (Merchant’s offers are subjected to their terms and conditions).
“Order” refers to the Customer placing an order for the purchase of Goods and services at the Restaurant through Trustaurant app.
“Order Value” refers to the amount shown on the Trustaurant order summary. It is the price a customer should pay to the merchant after applying for any offers.
“Parties”, includes Trustaurant and its affiliates, Restaurant and the customer.
“Tips” refers to the sum that Customers willingly pay the restaurant using the Trustaurant application, at its own discretion.
A “Transaction” is a process by which a customer is paying to the restaurant according to the bill generated by the Trustaurant.
"Trustaurant " is a mobile application owned and operated by Novacul India Private Limited.
“Trustaurant Dashboard” is a platform owned by Trustaurant that allows the Merchant to offer services to the customer through Trustaurant, such as selecting, ordering, tracking the live order, and more.
“Trustaurant Wallet'' is a feature of the Trustaurant app that allows you to earn and store cashback credits from various promotional offers. You can use these credits to pay for your next order or withdraw them when you reach a certain amount. You can access your Trustaurant Wallet through your profile settings on the app.

GENERAL GUIDELINES FOR CUSTOMERS

Trustaurant strives to offer the best possible experience and information to our Customers. By using our Services, you accept and agree that Trustaurant has the right to make changes to them if required. Therefore, Trustaurant has the right to stop or change any or all products or services at any time without warning, and to adjust any or all of our contents, products and services on the site without telling you beforehand.
Trustaurant reserves its right to block any account. If this happens, you may not be able to use the Services, see your account information or access any files or other content in your account till we retrieve it back.
We are always working to improve the Trustaurant Platform and Services. We do research and experiments on various parts of the Services and offerings, such as our apps, websites, user interface and promotional campaigns and result in different features for different customers. Our goal is to make the Trustaurant Platform better, more convenient and easier to use, improve Customer experience, increase the safety and security of our services and offerings and create new services and features.
The software or the store where you download the app may have a feature that automatically looks for new versions of the software. You may need to install new versions to keep using the Services or some parts of them (including new versions that fix problems with the Services). Any new versions that we give you are under these Terms.
Trustaurant is now providing numberless transactions to customers through this app and is also reserving the right to limit the transaction if they require for the smooth functioning of the services.
Trustaurant offers a referral program by which you can invite your friends to join us using your referral code or link. When they sign up (for 1st purchase only), you get cashback that and the Trustaurant Platform terms. Trustaurant can end or change the program at any time without giving information. Trustaurant can also cancel your account, cashback, and participation in the program if you violate the rules and conditions or do anything illegal or dishonest.
By submitting a review (within 12hrs of your purchase) on Trustaurant, you are eligible to receive a cashback amount that will be credited to your Trustaurant FF. You can use this cashback amount for your next purchase on Trustaurant. Trustaurant reserves the right to modify or terminate this offer at any time without prior notice. You hereby promise to give a true and fair review about the restaurants.
You hereby promise that you will give us only true, accurate and correct information when you create an account. You will also keep your information updated as needed or required by the app. You are not allowed to impersonate or create a false account by adding false information like email etc.
You are liable to obey the intellectual property rights of the merchants who upload their details and images of their food and restaurant on the app. You will not copy, use, or share their content without their permission.
You are not permitted to use the app for any illegal, unlawful, or harmful purposes, or in any way that violates our terms and conditions or any applicable laws.
Customers are restricted to try/ support to hack, breach, or damage the app, network, or security systems, or interfere with the normal functioning of the app.
The merchants can choose to operate or not operate all their services their dine in or take away or table reservation or hotel status buttons on the merchant app. Trustaurant does not influence the decisions of the merchants. These buttons are meant to make your experience with Trustaurant easy and enjoyable.
You acknowledge and agree that all payments for products or services purchased through our app are made directly to the merchant that provides such products or services, and not to us.

DISCLAIMER

By using Trustaurant's Services you agree to the following disclaimers:

WEBSITE DISCLAIMER

The information provided by Novacul India Private Limited ("we," "us," or "our") on http://www.novacul.com(the "Site") and our mobile application is for general informational purposes only. All information on the Site and our mobile application is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site or our mobile application. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR OUR MOBILE APPLICATION OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE AND OUR MOBILE APPLICATION. YOUR USE OF THE SITE AND OUR MOBILE APPLICATION AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE AND OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.

EXTERNAL LINKS DISCLAIMER

The Site and our mobile application may contain (or you may be sent through the Site or our mobile application) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us. Third-party services are subjected to their terms and conditions. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

TESTIMONIALS DISCLAIMER

The application may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.

The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. By submitting a review on Trustaurant, (within 12hrs) you agree to receive a cashback amount that will be credited to your Trustaurant Wallet. You can use this cashback amount for your next purchase on Trustaurant. We appreciate the feedback we get from our customers through the complaint box. We respond to any complaints as soon as possible, follow up on the case, monitor the results, and keep the customer updated on the status.

Trustaurant reserves the right to modify or terminate this offer at any time without prior notice. Please read our terms and conditions for more details.

1) USER ACCOUNT AND REGISTRATION

You can register to the Trustaurant app by using your phone number and a one-time password (OTP) sent to your phone number from Novacul. You hereby agree to use your own registered phone number, and not to impersonate or use the phone number or OTP of any other person. You also agree to keep your phone number and OTP secure and confidential, and not to share them with anyone else.
You are responsible for maintaining the confidentiality and security of your user account, and any other information or credentials that you use to access your user account. You hereby agree to give information immediately if any unauthorized user account or any other breach of security. You also agree not to use anyone else’s user account without their permission.
You are solely responsible for all activities that occur under your user account and we are not liable for any loss or damage arising from your failure to comply with these obligations.
We reserve the right to suspend or terminate your user account or access to any part of Trustaurant at any time, for any reason, without notice or information. We may also impose limits on certain features or services or restrict your access to some extent or all of Trustaurant without notice.
You may delete your user account at any time by following the instructions on the privacy policy. Deleting your user account will not affect any of your content or information that you have shared with other users or third parties through Trustaurant. You acknowledge and agree that we may retain and use your content or information for our legitimate business purposes, such as backup, archival, or audit purposes, or as required by law.

2) PAYMENT AND BILLING INFORMATION

You acknowledge and agree that all payments for products or services purchased through our app are made directly to the merchant and not to us. We do not collect, store, or process any payment such as your credit card details, bank account information. You are responsible for providing accurate and complete payment and billing information to the merchant, as per the merchant’s terms and conditions, privacy policy, and refund policy. Trustaurant is not responsible or liable for any disputes, claims, losses, damages, or fees arising from or related to your transactions with the merchant.
You acknowledge and agree that the bill for your order is generated by Trustaurant, based on your order, and you should pay the order value to the merchant. You are solely responsible for verifying the accuracy and completeness of the order value, and for resolving any issues or discrepancies with the merchant. You can also contact trustaurant@novacul.com for any assistance at any time. You can view and download your bill from the order history tab in the app.
You acknowledge and agree that we may offer you the option to redeem the cashbacks you have collected by making reviews and referrals through our website or app. You are solely responsible for complying with the terms and conditions of redemption, which may vary depending on the product or service, the amount of cashback, or other factors. We have no liability for the disputes, claims, arising from or related to the redemption of cashbacks, provided that you shall follow the terms and conditions of redemption.

REFUNDS

Customer has the right to claim refund or settlement of payments directly to the restaurant and the Trustaurant is not liable or responsible for the same. Trustaurant can assist the customer in resolving payment issues with the merchant such as refund or settlement of payment.

3) FOOD QUALITY AND DELIVERY

You acknowledge and agree that Trustaurant is not responsible for the quality, safety, or availability of the food or beverages ordered through our website or app. Trustaurant acts as a platform that connects you with food outlets, but does not prepare, deliver, or guarantee the food or beverages. You are solely responsible for checking the ingredients, allergens, nutritional information, and suitability of the food or beverages for your dietary needs and preferences.
You acknowledge and agree that Trustaurant does not endorse, verify, or monitor the food outlets or the delivery service providers that are listed on our website or app. Trustaurant does not control or influence the quality, safety, or availability of the food or beverages offered by the food outlets or the delivery service providers. Trustaurant has no liability for the transactions or contracts between you and the food outlets.
You acknowledge and agree that Trustaurant may provide you with information, ratings, reviews, or feedback about the food outlets, based on the data collected from our website or app, or from third-party sources. However, such information, ratings, reviews, or feedback are for reference only and do not constitute any warranty or guarantee of the quality, safety, or availability of the food or beverages.
The images, descriptions, and other representations of food items displayed on the platform are for illustrative purposes only. The actual food items provided by the restaurant may differ in appearance, size, presentation, ingredients, or other attributes. Trustaurant does not guarantee the accuracy, completeness, or reliability of any food item representations.

4) USER CONDUCT AND CONTENT

You agree to use the Trustaurant app in a lawful, respectful, and appropriate manner and to comply with all applicable laws and regulations. You agree not to engage in any fraudulent, abusive, or illegal activities, such as creating multiple accounts, using fake or stolen identities, or violating any intellectual property rights. You also agree not to post, upload, or transmit any content that is defamatory, obscene, hateful, harassing, threatening, or otherwise objectionable.
You are solely responsible for any content that you create, share, or access through the app and for any consequences that may arise from such content. You acknowledge that Trustaurant does not endorse, monitor, or control any user content and is not liable for any loss or damage caused by your or any other user’s content. You grant Trustaurant a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, distribute, and display your content in connection with the app and its services.
You hereby agree to indemnify and hold harmless Trustaurant and its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or relating to your review and sharing of any materials through trustaurant app.
The restaurants on the Trustaurant platform have the right to post videos, images, and other content that showcase their restaurants, which are either created by them or by the influencers who visited them. The restaurant should have secured the appropriate authorizations and licenses to use such content. Trustaurant does not assume any liability for any copyright infringement allegations resulting from the use of such content.
If you find any content on the app that violates these terms or any applicable laws or regulations, you can report it to us at trustaurant@novacul.com. We reserve the right, but not the obligation, to review, remove, or take any other action with respect to any content that we deem inappropriate, harmful, or unlawful.

5) PRIVACY AND DATA PROTECTION

You agree to the collection, use, and disclosure of your personal information in accordance with the Trustaurant app’s privacy policy, which is incorporated by reference into these terms and conditions. You also agree to the use of cookies, web beacons, and other similar technologies to enhance your user experience and to provide you with personalized content, offers, and advertisements.
You may have the right to access, correct, delete, or restrict the processing of your personal information, subject to the app’s privacy policy and the applicable laws and regulations. You can exercise your rights by contacting us at trustaurant@novacul.com.
Some data protection laws, such as the GDPR and the Indian Personal Data Protection Act 2023, also require us to provide you with the option to withdraw your consent at any time, and to delete or anonymize your geolocation information when it is no longer needed. You can withdraw your consent by contacting us at trustaurant@novacul.com. We will process your request as soon as possible and in accordance with the law.
We use reasonable technical and organizational measures to safeguard your personal information from unauthorized access, use, disclosure, alteration, or destruction. However, we cannot guarantee that your personal information will be completely secure or that it will not be subject to data breaches. You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

6) ORDERS AND RESERVATIONS

You can use the Trustaurant app to find restaurants, order food, make reservations, or book for takeaway. The app displays the availability of the merchants’ services, such as dine in, take away, table reservation, rush hours and hotel status, through buttons that the merchants can turn on or off at their discretion. Trustaurant does not influence the merchants’ decisions regarding their availability or service options.
When you place an order or make a reservation through the app, you are making an offer to the merchant to purchase or reserve their products or services. The merchant has the right to accept or reject your offer. You will be notified of the merchant’s response through the app and you will have the option to continue with the order or reservation, or to cancel it.
During rush hours, restaurants have the option to activate rush hour mode to notify customers of high demand or temporarily turn off the restaurant’s availability. We recommend turning off the restaurant during peak times for the convenience of both the restaurant and the customer.
Sometimes, especially on express highways or four-way lanes, restaurant listings may include restaurants that are not directly on your route, as distances are calculated using air distance. Customers should cross-check the restaurant’s actual location and order at their own discretion.
When you place an order or make a reservation through the app, you will receive a confirmation message with your Token number, Item Name, Order ID, and your Name. You can use this information to identify and verify your order or reservation at the restaurant. You may also be asked to show your ID proof or order details to confirm your identity. You agree to cooperate with the merchant and provide the necessary information to complete your order or reservation. You acknowledge that Trustaurant is not responsible for any errors, delays, or disputes that may arise from your order, reservation identification and verification process.
In order to connect to the restaurants and facilitate your order or reservation, we provide your contact number to the restaurants for the time being your order is live. You agree to receive calls, messages, or notifications from the restaurants regarding your order or reservation status, confirmation, delivery, or any other issues. You hereby agree to communicate with the restaurants in a respectful and courteous manner and to respect their privacy and confidentiality. In order to prepare your order, we calculate your distance from the restaurant based on air distance only, without retrieving or tracking your exact location. You acknowledge that Trustaurant is not responsible for any communication or interaction between you and the restaurants, or for any damages, losses, or disputes that may arise from such communication or interaction.
You agree to pay the price and all applicable fees and taxes for the products or services that you order or reserve through the app. You also agree to comply with the merchant’s terms and conditions, policies, and rules regarding their products or services, such as cancellation, refund, delivery, or hygiene policies. You hereby acknowledge that Trustaurant is not responsible for the quality, safety, legality, or accuracy of the products or services offered by the merchants, or for any disputes, claims, or damages arising from your transactions with the merchants.

7) ORDER CANCELLATION AND FOOD WASTE

You have the option to cancel your order or reservation through the app, subject to the merchant’s cancellation policy and the applicable laws and regulations. However, we request you to avoid canceling your order or reservation unless you have a valid reason, as this may cause food waste and loss for the merchant. If you really need to cancel, please do it as early as possible. Food waste is a serious environmental and social problem that contributes to climate change, resource depletion, and hunger. According to the Food and Agriculture Organization, one-third of the food produced for human consumption is wasted every year, which amounts to about 1.3 billion tons of food. By reducing food waste, you can help save money, energy, water, and land, and also support the food security and well-being of millions of people.

8) OFFERS

Trustaurant offers various promotional offers to reward our loyal customers and attract new ones. These offers include, but are limited to, the following:

Referral Program: You can invite your friends to join Trustaurant using your referral code or link. When they sign up and make their first purchase, you get cashback that goes into your Trustaurant Wallet. You can use this money for your next order or withdraw it when you reach a certain amount. By joining the program, you agree to follow our rules and the Trustaurant Platform terms. Trustaurant can end or change the program at any time without informing you. Trustaurant can also cancel your account, your cashback, or your participation in the program if you break the rules or do anything illegal or dishonest.
Cashback on Review: You can earn cashback by submitting a review on Trustaurant. The amount of cashback will depend on how soon you give a review (within 12hrs), as well as other factors that Trustaurant may determine at its sole discretion. By submitting a review on Trustaurant, you agree to receive a cashback amount that will be credited to your Trustaurant Wallet. You can use this cashback amount for your next purchase on Trustaurant or withdraw it when you reach a certain amount. Trustaurant reserves the right to modify or terminate this offer at any time without prior notice.

You agree to comply with the terms and conditions of each offer that you participate in. You also agree that Trustaurant has the final authority to decide whether you are eligible for any offer and how much cashback you will receive. You acknowledge that Trustaurant is not liable for any errors, delays, or disputes that may arise from your participation in any offer.

9) MENU AND PRICE LIST FOR CUSTOMERS

The menu and price list of the restaurants displayed on the Trustaurant app are furnished by the restaurants themselves. Trustaurant reserves the right, at its sole discretion, to instruct the restaurants to modify or delete certain items from their menu list in order to ensure compliance with the Food Safety and Standards Act, 2006, requirements or applicable law in the relevant State or Territory, and all other applicable legislation, regulations, or regulatory standards. The restaurants have the right to access their admin panel or dashboard to edit and update the information displayed on the app, subject to Trustaurant’s written consent in this regard. The restaurants must ensure that they (i) keep such information true, accurate, and up to date at all times; (ii) comply with Trustaurant’s internal terms and conditions of use in this regard; and (iii) notify Trustaurant about any issue.
The restaurants will always maintain equal or lower prices for all products offered to you via the app, same as they are made available for sale through their direct channels such as dine-in, takeaway, or delivery from their own restaurant or franchise locations, or through their other channels such as websites/apps, etc. For the sake of clarity, product pricing shall include food and beverage pricing, packaging expenses, and so on.
It is the duty of the restaurants to provide the same quantity and quality of the food both through the app and directly. Trustaurant retains the right to take appropriate action in line with its policies, which may be updated from time to time, if the restaurants fail to maintain prices as per the app and directly as mentioned in the aforementioned clauses.
The restaurants shall not charge an amount over and above the maximum retail price (“MRP”) for all such food and beverage items which have MRP mentioned on them.
Trustaurant may engage in a variety of marketing activities to promote the restaurants and their menu; provided, however, that all such marketing activities will be determined in Trustaurant’s sole and absolute discretion, and the app may be modified or updated from time to time to reflect any such changes, without notice.

10) CUSTOMER RIGHTS AND DUTIES

As a customer, you have the following rights and duties when using the Trustaurant platform and services:

You have the right to report to Trustaurant if the washrooms at the merchant’s premises are not clean or hygienic.
You have the right to report to Trustaurant if the merchant charges you more than the maximum retail price (MRP) for any goods or products.
You have the right to receive accurate and complete information about the goods and services offered by the merchant, including the quantity, quality, standard, purity, potency and price.
You have the right to choose from a variety of goods and services at competitive prices and to be protected against unfair trade practices or fraudulent activities by the merchant.
You have the right to seek redressal for any grievances or complaints arising from the use of the goods and services provided by the merchant, and to have them addressed by Trustaurant or the relevant authorities.
You have the duty to be aware of your rights and responsibilities as a consumer and to exercise them in a responsible manner.
You have the duty to be informed and to verify the details and quality of the goods and services before purchasing or using them.
You have the duty to follow the rules and regulations applicable to the use of the Trustaurant platform and services, and to respect the terms and conditions of the merchant.
You have the duty to practice sustainable consumption and to avoid wastage or misuse of the goods and services.
You have the duty to be ethical and respectful towards the merchant and other customers, and to refrain from any abusive or unlawful behavior.

11) TERMINATION AND SUSPENSION

The agreement between you and Trustaurant shall commence from the date you sign up for the app and shall be valid and binding on both parties, unless terminated in accordance with these terms and conditions.
Notwithstanding anything in the foregoing, Trustaurant may immediately terminate or suspend your account and access to the app if:

(i) violation of these terms and conditions or any other policies or rules of Trustaurant; or (ii) lack of use of the app. You agree that any termination or suspension of your account and access to the app may be done without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or prevent any further access to your account or the app. If you use the app in violation of these terms and conditions, we may, in our sole discretion, keep all data collected from your use of the app. Further, you agree that we shall not be liable to you or any third party for the termination or suspension of your account and access to the app.

12) FORCE MAJEURE

Neither party will be responsible for any breach or delay in fulfilling their obligations under these terms and conditions if such breach or delay is caused by events or circumstances that are beyond their reasonable control, including but not limited to natural disasters, epidemics, strikes, lockdowns, civil unrest, or similar situations.

13) GOVERNING LAW AND DISPUTE RESOLUTION

These terms and conditions shall be governed by and construed in accordance with the laws of India that are now in effect, without regard to any conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of Kottayam for any disputes arising out of or relating to these terms and conditions or your use of the Trustaurant app. You waive any objection to the venue or convenience of such courts. Nothing in this clause shall prevent Trustaurant from seeking injunctive or equitable relief in any court of competent jurisdiction.

All disputes arising out of the usage of any service of this app shall be constrained to and governed by provisions of The Arbitration and Conciliation Act, 1996, and the place of Arbitration shall be at Kottayam.

14) ELECTRONIC COMMUNICATIONS AND SIGNATURES

You agree to communicate with us electronically through the Trustaurant app, email, or other means of electronic transmission. You consent to receive electronic notices, messages, documents, and other communications from us or the restaurants that you order or reserve from. You also agree that your electronic communications, including your account information, orders, reservations, and any other data that you provide through the app, are valid and enforceable as evidence.
You agree to use electronic signatures to sign this agreement and any other documents related to your use of the Trustaurant app. You acknowledge that your electronic signature is the legal equivalent of your handwritten signature and that you are bound by it. You also agree that no certification authority or other third-party verification is necessary to validate your electronic signature.
You agree that the use of electronic records and signatures, as well as any contract or document created, sent, received, or stored by electronic means, shall have the same legal effect, validity, and enforceability as a paper-based record or signature, to the extent permitted by applicable law, including the Information Technology Act, 2000, and the Indian Evidence Act, 1872.

15) INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Trustaurant, its affiliates, directors, officers, employees, agents, and partners (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your use of the app or any products or services ordered or reserved through the app; (b) your violation of these terms and conditions or any other policies or rules of Trustaurant; (c) your infringement or misappropriation of any intellectual property rights or other rights of any third party; or (d) your negligence, fraud, or willful misconduct.

This indemnification obligation will survive the termination or expiration of these terms and conditions and your use of the app. You agree to cooperate fully with the Indemnified Parties in the defense of any claim that is the subject of your obligations hereunder.

15) CONTACT US

If you have questions or comments about this notice, you may email us at trustaurant@novacul.com or contact us by post at:

Registered Office:

Novacul India Private Limited

Building No. 14/372-D

Anjilimootil, Kuzhivelippady, Edathala P.O

Ernakulam, Kerala 683561

India

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TERMS AND CONDITIONS FOR MERCHANT

Last Updated November 1, 2025

AGREEMENT TO OUR LEGAL TERMS

We are Novacul India Private Limited, doing business as Trustaurant (herein after "Company," "we." "us." "our"), a company registered in India at Novacul India Private Limited Building No. 20/426, Poovanthuruthu Shopping Complex, Poovanthuruthu P.O Kottayam,Kerala, India 686012. We operate the website http://www.novacul.com (The "Site"), the mobile application Trustaurant (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services"). Trustaurant is a revolutionary dining application designed to redefine the way you explore, choose, and savor your favorite cuisines. With a focus on innovation and user satisfaction, Trustaurant offers a range of unique features that set it apart from any other dining app. You can contact us by phone at (+91)9995661793, email at support@novacul.com, or by mail to Novacul India Private Limited, I.D Plot no. 205, Poovanthuruthu, Kottayam, Kerala 686012, India. These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you" refers to Merchants/ Trustaurant Partners), and Trustaurant concerning your access and use of the Services. These Terms are an integral part of the Merchant on boarding Form for Trustaurant. You hereby agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE THE USE IMMEDIATELY. If we make material changes to these terms and conditions, we may notify you either by prominently posting a notice of such changes in the app or by directly sending you a notification. You agree to use the Services in a responsible and lawful manner and not to misuse or abuse them for any purpose. You also agree not to cancel orders from Customers without a valid reason and misuse their details in an unethical manner. We recommend that you print a copy of these Legal Terms for your records.

DEFINITION CLAUSE

"Bill" refers to the invoice(s) that the restaurant partner raises through “Trustaurant” for the customer of the Bill Value related to the sale of goods at the restaurant.
"Bill Value" refers to the entire sum in Indian Rupees stated on the bill for the goods and services the customer used at the restaurant. This sum includes relevant taxes, service fees, and other costs that might be incurred.
“Commencement Date" refers to the day, when Trustaurent enters the agreement with the Merchant; or may be on another date that Trustaurant notifies your acceptance of the agreement and received via email, whichever comes first. This date is specified in the Form by the merchant.
“Customer” A user who uses the restaurant services via the Trustaurant application is referred to as a "customer".
“Customer Data” All personally identifiable information about a customer that the customer provides via the Trustaurant application is referred to as "Customer Data" and is subject to the privacy policy found at our website. This information may include the customer's name, email address, location, phone number, etc. and preferences.
The term "Electronic Payment Mechanism" refers to any online and mobile-based payment methods, such as third-party payment gateways, relating to merchants only.
"Goods" refers to the food and drinks and all other services that the merchant sells in the restaurant.
"Information" refers to the data presented in the Form and on the Trustaurant Dashboard. It also includes any data that the Merchant provides to Trustaurant under these Terms, such as the menu, price lists that supports the hours of operation of the restaurant’s, the rates at which the Merchant charges the Customer for taxes, and any specific data that the Restaurant Partner is required to provide to Trustaurant either (a) immediately on the Execution Date or (b) within a day of any changes to such data.
"Merchant” (Restaurant Partners) refers to the restaurant's owner/person authorized to run the restaurant - who signs the merchant on-boarding form.
"Net Sales" refers to the amount that a customer must pay the merchant for the goods and services they have used from the restaurant. It is the amount excluding tax and any offers in which the platform fee is being charged.
“Novacul Invoice” means the invoice that Trustaurant sends to the Restaurant Partner for the platform fee, the Payment Mechanism Fee (If applicable), and any other amounts or charges that the Restaurant Partner owes to Trustaurant.
"Order" refers to the Customer placing an order for the purchase of Goods and services at the Restaurant through Trustaurant app.
“Order Value” refers to the amount shown on the Trustaurant order summary. It is the price a customer should pay to the merchant after applying any offers.
“Platform Fee” The amount that the Merchant must pay for using the website and services related to Trustaurant applications, expressed as a percentage (%) of Net Sales or a fixed value as specified in the Form, is referred to as "Platform Fee."
“Parties”, includes Trustaurant and the Merchant.
“Tips” refers to the sum that Customers willingly pay the restaurant using the Trustaurant application, at its own discretion.
A "Transaction" is a process by which a customer is paying directly to the restaurant according to the order value by the Trustaurant.
"Trustaurant " is a mobile application owned and operated by Novacul India Private Limited.
“Trustaurant Onboard Form” It is the form that contains the summary of terms and conditions of which the merchant fills out and signs to become the part of business with Trustaurant.
"Trustaurant’s Dashboard” is a platform owned by Trustaurant that allows the Merchant to manage and offer services to the customer through Trustaurant, such as selecting, ordering, tracking the live order, and more.
"Validity Period" refers to the time frame during which the Merchant is not allowed to change the Offer(s) after making it available to Customers.

COVENANTS /DUTIES OF MERCHANT

Before sharing any content with Trustaurant, the merchant must make sure it owns all rights, title, and interest in it. This includes any creatives, artwork, logos, pictures, videos, music, write-ups, banners, and image(s) that will be shown on the Trustaurant application (collectively, "Content").Furthermore, merchant allows Trustaurant and its affiliates the right to use, copy, edit, adapt, publish, translate, create derivative works from, distribute, upload, and display the Content on the Trustaurant Application, without restriction, royalty-free, irrevocable, and forever.
All content pertaining to the restaurant that will be utilized for Trustaurant Application marketing must be provided by the merchant. In order to exchange Content with Trustaurant, the Merchant must guarantee that it possesses all relevant rights, titles, and interests. By uploading or selecting an image from our Gallery to post on your restaurant profile, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and sub-licensable, license to use, reproduce, modify, adapt, publish, distribute, and display such image for any purpose related to our services, including marketing, advertising, and promotion.
The Merchant is responsible for making sure the Content complies with the content requirements outlined in these Terms as well as all laws applicable within the territory of India.
The merchant is responsible for making sure that the content that appears on the Trustaurant application is not prohibited, illegal, deceptive, or unlawful.
When the Merchant provides Content for the Trustaurant Application, the Merchant agrees that Trustaurant will not be held responsible for any content that appears on the Trustaurant Application. By signing this agreement, the Merchant grants Trustaurant permission to use the restaurant's or the merchant's brand name, as applicable, in order to advertise.
The Merchant is duty bound to collect the Order Value for the sales conducted through the Trustaurant.
By accepting the terms and conditions, the Merchant undertakes not to provide any third parties, with any Price that is less than the Price agreed upon and are shown on the Trustaurant Dashboard.
The merchant is not allowed to discriminate against, dissuade, approach, or forbid a customer from using the Trustaurant application in any way.
The Merchant hereby agrees that where it levies service charge at its Restaurant, it shall apply the same uniformly to all the Customers availing services of the Restaurant and shall not in any event discriminate in levying the service charge between a Customer.
In compliance with the payment settlement procedure outlined in the Form, the Merchant is required to pay the Platform fee and the tax collected from Customers, according to the tax laws (CGST 9(5) and Rule 33) as prescribed in the Pay-out form.
The Merchant represents and warrants that it has obtained and maintained valid registrations under the Food Safety and Standards Act, 2006 and that it is eligible to register with Trustaurant. The Merchant should also submit a copy of the FSSAI and Bar License for verification purposes (bar license is applicable to restaurants which sell liquor in their outlets, these restaurants should not sell liquor through our platform).
If the customer avails the facility of the Trustaurant Application, the Merchant will not charge them more than the Net Sales.
By signing to the form, the Merchant grants permission to the Trustaurant to reach out to them via phone, email, SMS, or other means of communication in order to solicit feedback or to help with any issues pertaining to the terms of the Form and these Terms.
The Merchant acknowledges and accepts that Trustaurant has the right to promote the services provided by other restaurants.
The Merchant agrees to maintain the washrooms, kitchen, and dining area of its restaurant in a clean and tidy condition at all times, in accordance with the applicable health and safety regulations. The Merchant acknowledges that failure to comply with this clause may result in termination of its contract with Trustaurant.
Merchant also agrees to communicate with the Customers in a respectful and courteous manner and to respect their privacy and confidentiality.
Merchant should verify the order or reservation at the restaurant made by the customer through Trustaurant. Merchant can verify the order with the Token number, Item name, order ID, and Customer name. You can also request the customer to provide a valid ID or summary of order details.
Regardless of anything else is said below, the Merchant has the sole responsibility for (a) the products and/or services provided to a customer at the Restaurant; (b) any interactions the Merchant and/or its representatives may have in person with the customer (you agree not to misuse Customer information) ; Trustaurant reserves the right to contact customers via phone, email, SMS, or other means of communication to inquire about their experiences. Trustaurant will also notify the Merchant of the Customer's response if the Merchant or its representative does not honor the Offer(s) that the Customer wishes to take advantage of. (c) payment of all applicable taxes and statutory dues with respect to the goods and services offered and charged by the Restaurant and the Offer(s) extended to the Customer and compliance with all applicable laws.
The Merchant declares to Trustaurant that it has a lawful permit to offer liquor and/or alcoholic beverages at the Restaurant and that it follows all the laws and rules required by the current excise law. Trustaurant is not involved in selling liquor through their platform and therefore bears no responsibility in that regard.
The merchant agrees to maintain the accuracy and timeliness of all information supplied to Trustaurant, including but not restricted to the merchant's name, address, phone number, email, manager or contact person information, business hours, menu’s, price lists, preparation time, taxes, service addresses, Table reservation Charges and other pertinent data. When a merchant has the exclusive right to edit and update the information displayed on the Trustaurant Application by accessing the Trustaurant Restaurant's Dashboard, they must make sure that they (i) maintain the accuracy, timeliness, and truthfulness of the information at all times, and (ii) adhere to Trustaurant's internal terms and conditions, shall use in this regard.
During rush hours, restaurants have the option to activate rush hour mode to notify customers of high demand or temporarily turn off the restaurant’s availability. We recommend turning off the restaurant during peak times for the convenience of both the restaurant and the customer.

COVENANTS/DUTIES OF TRUSTAURANT

Trustaurant gives access to an electronic payment mechanism to the merchants according to the payout form so they can pay their platform fee and sales related taxes. any.
At its sole discretion, Trustaurant reserves the right at any time to remove or suspend a Merchant without any prior notice.

CONTENT GUIDELINES

The Merchant agrees to upload or transmit content only for the benefit of business and not to upload or transmit any content that:

Is plagiarized;
Contains sexually explicit, defamatory, obscene, or illegal material;
Has blurry or unclear images;
Has unpleasant images that spoil the user experience;
Promotes content that is prohibited by law;
Infringes any third-party rights, such as privacy, publicity, intellectual property, or proprietary rights;
Advertises any illegal activity for sale;
Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, libelous, hateful, or otherwise objectionable;
Invades another’s privacy;
Relates to or encourages money laundering or gambling;
Is a fake or misleading review that does not address the goods and services, atmosphere, or other aspects of the business being reviewed;
Violates any third-party agreements;
Claims any issue related to health code violations that should be reported to the health department;
Is unlawful or violates any Central, state, or local law or regulation (for example, by trading or disclosing insider information in violation of securities law);
Results from or creates a conflict of interest or constitutes a deceptive form of advertising;
Comprises unsolicited emails, surveys, contests, pyramid schemes, postings or reviews that are removed or submitted in exchange for money, postings or reviews that are withdrawn or submitted at the request of the company that is the subject of the review, or other promotional materials;
Disseminates malware or other code, files, or programs that hinder, destroy, or interfere with the operation of any computer hardware, software, or communication device;
“hacks” or gains unauthorized access to our proprietary or private data, another customer’s data, or any other data;
Eliminates, gets around, deactivates, corrupts, or tampers with security-related features, or those that impose restrictions on using the trustaurant application;
In any manner endangers children;
Threatens public order, friendly relations with foreign states, the unity, integrity, defense, security, or sovereignty of India or the country of use;
Alters, copies, scrapes, or crawls; displays; publishes; licenses; sells; rents; leases; lends; transfers; or otherwise commercializes any rights to the trustaurant application or Trustaurant’s content;

The merchant also agrees to:

Understand that Trustaurant is not obligated to monitor, review, or edit the content while the merchant or anyone else uses the Trustaurant application;
Comply with the applicable laws, the terms of service, and the orders or requirements of any legal or governmental authority while using the Trustaurant application;
Cooperate with Trustaurant in operating and improving the services, including fraud prevention, risk assessment, investigation, and customer support;
Acknowledge that Trustaurant reserves the right to monitor, review, or edit the content at any time for any reason;
Ensure that the Trustaurant application is used only for lawful purposes and not to violate any federal, state, local, or international laws, rules, ordinances, or other similar requirements;
Abide by the applicable laws in India and the state in which the content is uploaded or transmitted;
Accept that the content may be disabled or investigated under the applicable laws;
Consent that Trustaurant has the right to reject, remove, or delete any non-compliant content that the merchant uploads or transmits;
Agree that Trustaurant has the right to take legal action against the merchant if the merchant violates any laws, regulations, these terms, or the privacy policy of the Trustaurant platform;
Allow that Trustaurant has the right to block the merchant’s access to the Trustaurant application immediately if the merchant breaches these terms.

PAYMENT MECHANISM

The Restaurant Partner will accept bill value directly from the Customers after the service has been delivered.
Trustaurant will generate the Restaurant Partner a weekly invoice (generated only if there is sales in a week) and payout form of platform fee and other tax amounts, charges that are due from the Restaurant Partner to Trustaurant.
The Restaurant Partner will make the payment to Trustaurant through their backend after initiating pay-out every week.
The cash receipts are automatically generated after their payment via backend and Trustaurant will send these document to Restaurant Partner via email if requested.
To comply with the provisions of the Goods and Services Tax (GST) laws applicable in India, all invoices will be issued from the registered office of Trustaurant in the respective state from where the Services are rendered.

OBLIGATION OF MERCHANTS AGAINST CUSTOMERS

Ensuring that it does not receive any extra payment from a Customer (including but not limited to cash payment) after a Customer has made payment.
Adhere to all special instructions included on the Order receipt or communicated by the Customer.
If the Restaurant Partner has not followed the delivery instructions (as specified in this Order receipt) or has supplied poor quality Goods to the Customer, Trustaurant has been forced (due to the Customer's complaint) to act as a mediator for refund the Order Value to the Customer ("Problem Order") in any way, the Restaurant Partner acknowledges and agrees that they are liable for any refunds if there is any problem order.
If Trustaurant so requests, Restaurant Partner will be liable to convey all necessary facts regarding Problem Order(s) to Trustaurant.

THE PAYMENT SETTLEMENT PROCEDURE

The Restaurant Partner acknowledges and accepts that any Order Value collected by the merchant according to these terms will be passed on to the Trustaurant, subject to the following amounts (as applicable).

Platform fee
The amount of the Payment Mechanism Fee (if applicable) owed by the Restaurant Partner;
The amount of tax received by the restaurant from the customer for the service delivered by Restaurant Partners via the Trustaurant Platform.

THE MERCHANT BEARS FULL RESPONSIBILITY TO VERIFY FOR ALL TAXES, FEES, PAYMENTS, AND OTHER RESPONSIBILITIES RELATED TO THE CALCULATION, PAYMENT, AND COLLECTION OF TAXES RELATED TO THE BILL AND THE MERCHANT'S USE OF THE TRUSTAURANT APPLICATION, NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY. IT IS MADE CLEAR THAT THE MERCHANT SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS TRUSTAURANT AND EACH OF ITS AFFILIATES, AS WELL AS (WHERE APPLICABLE) ALL OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AND ADVISORS AGAINST ANY TAX LIABILITY THAT MAY ARISE AGAINST TRUSTAURANT ON ACCOUNT OF THE MERCHANT'S FAILURE TO COMPLY WITH TAX REQUIREMENTS UNDER THESE TERMS.

TAXES THAT APPLY, SUCH AS TAX DEDUCTED AT SOURCE (TDS) FOR THE PLATFORM FEE OWED TO TRUSTAURANT, MUST BE DEPOSITED BY THE MERCHANT AND ANY LIABILITY ARISING OUT OF NON-COMPLIANCE IS THE RESPONSIBILITY OF THE MERCHANT.

REFUND POLICY: We value the partnership and strive to provide you with the best service possible. However, in case of any issues with your payment you can report it to us of such issue immediately, we offer the following refund policy:

If you have paid the platform fee or the relevant taxes twice for the same period or for a period that you did not use our services, we will initiate a refund of the amount within 3 working days after receiving the proof of payment or verifying it with our ledger.
If you have any other issues with your payment, such as delays, errors, or disputes, we will act as a mediator and contact the payment gateway providers on your behalf to resolve the issue as soon as possible.

PLATFORM FEE

a. The Merchant agrees to pay Platform Fee to the Trustaurant for using the website and services related to Trustaurant applications, expressed as a percentage (%) of Net Sales or a fixed value as specified in the Form.

b. The Parties herein agree that Trustaurant may, at any time, alter the Platform Fee rates or impose any new levies or fees; provided, however, that Trustaurant notifies the Merchant of any such change(s) by email or through other means of communication and gives Fifteen (15) days' notice in advance.

TAXES

Goods and Service Tax collected from Customers (As per CGST Sec 9(5) and Rule 33)
Taxes against the Platform Fee as mentioned in the form.
Restaurant partners will be required to deposit Tax Deducted at Source (TDS) for the Platform Fee. Subject to quarterly submission of the TDS Certificate within 60 days of the end of the quarter (applicable only if you have TAN).

To clarify, “under Section 9(5) of the Central Goods and Services Tax Act, 2017, with effect from 1 January 2022, tax on certain Restaurant Services supplied by Restaurant(s) via e-commerce platform shall be paid by such e-commerce operators. As per Rule 33 the supplier acts as a pure agent of the recipient of the supply, when he makes the payment to the third party on authorisation by such recipient”; accordingly restaurants shall act as a pure agent of the e-commerce operators in collecting tax from Customers on their behalf.

MENU AND PRICE LIST FOR RESTAURANT PARTNERS

The restaurants will always maintain equal or lower prices for all products offered to you via the app, same as they are made available for sale through their direct channels such as dine-in, takeaway, or delivery from their own restaurant or franchise locations, or through their other channels such as websites/apps, etc. For the sake of clarity, product pricing shall include food and beverage pricing, and so on.
If the Restaurant Partner exhibits customized portion sizes for the Platform in comparison to portion sizes on its own channel(s) (i.e., dine-in, delivery, or takeaway), pricing on the Platform should be commensurate or lower.
The Restaurant Partner shall not charge an amount over and above the maximum retail price ("MRP") for all such food and beverage items which have MRP mentioned on them.
The Restaurant Partner acknowledges and agrees that Trustaurant will use its best efforts to prevent Customers from using the Platform to place erroneous/fraudulent Orders. In the event of an erroneous/fraudulent Order, the Restaurant Partner agrees to submit it to Trustaurant via the application or request Trustaurant's action and inquiry. Trustaurant provides a built-in feature(s) in the Merchant Application and web dashboard access to allow the Restaurant Partner to report such erroneous/fraudulent Orders.
Trustaurant may engage in a variety of marketing activities to promote the Restaurant Partner and the Restaurant Partner's menu; provided, however, that all such marketing activities will be determined in Trustaurant’s sole and absolute discretion, and the Platform may be modified or updated from time to time to reflect any such changes, without notice.

CUSTOMER DATA

The merchant acknowledges that it will not use the customer data to improve any file or list that it owns or that of any third party, and that it will only use the customer data to meet and comply with the merchant's duties under these terms. The Merchant guarantees, promises, and covenants that it will not, in whole or in part, re-sell, broking, or otherwise divulge any Customer Data to any third party for any reason. The Merchant guarantees that it will only copy or otherwise replicate any Customer Data as necessary to carry out its responsibilities under the Terms and this Merchant Application Form. In order to safeguard, handle, and secure the Customer Data, the Merchant (as well as any other parties to whom the Merchant discloses any Customer Data) shall establish and adhere to appropriate security measures. In the event that the Merchant collects any Customer Data (or does so on its behalf), it will make sure that it (as well as any on relevant third parties) adopt, post, and handle the Customer Data in accordance with a reasonable and customary privacy policy. For the purposes of these Terms, the limitations on the Merchant's use of Customer Data do not apply to: (a) any customer that the Merchant had as a client before using the Trustaurant Application, except insofar as such customer has previously given the Merchant such data; or(b) information provided directly to the merchant by a customer who signs up as a client and expressly consents to receive communications from the merchant for the uses of the customer data; and, in every instance, that the merchant handles and uses the customer data in accordance with applicable laws and the merchant's published privacy policy.

LICENSE

WITH REGARD TO ALL CONTENT AND INFORMATION SUPPLIED TO TRUSTAURANT BY THE MERCHANT FOR INCLUSION ON THE TRUSTAURANT APPLICATION AND AS MAY BE FURTHER NEEDED UNDER THE FORM, THE MERCHANT HEREBY GRANTS TRUSTAURANT AN UNRESTRICTED, ROYALTY-FREE LICENSE. This involves, but is not restricted to,

using the merchant's name in Google Ad-Words to assist marketing campaigns and advertisements that may be run by Trustaurant to promote an offer or offers online.
creating derivative works from the marketing materials that Trustaurant will create for its company, or incorporating all or any portion of them into other works. Any information about the restaurant that the merchant sends or submits to Trustaurant via the Trustaurant Application or another method for use in restaurant promotions will be deemed non-confidential by Trustaurant and may be handled as such, subject to Trustaurant's obligations under applicable data protection laws. Additionally, the Merchant grants Trustaurant a perpetual, irrevocable, royalty-free, non-exclusive license to use, copy, modify, adapt, upload, translate, publish, and distribute any Content worldwide for the purposes of carrying out the services specified in these Terms as well as for marketing and promoting the Trustaurant Application. The merchant acknowledges that customers may rely on and view any information submitted to Trustaurant that is published in order to assist them in making decisions.

INDEMNITY AND WARRANTY

The Merchant promises to inform Trustaurant in writing 30 days before they stop or close their business with Trustaurant. Otherwise, the Merchant will have to pay for Trustaurant’s claims against the dues owed to Trustaurant.
The Merchant promises to follow the terms of any license they have under any law, rule, or regulation by this agreement.
The Merchant promises to obey all the Indian laws and any other laws, rules, or regulations that apply to them.
The Merchant promises to protect and defend Trustaurant (and its directors, officers, agents, representatives, and employees) from any and all legal actions, demands, or costs.

These may be caused by the Merchant breaking these terms.
These may be related to the Offer(s) the Merchant makes.
These may be about the quality of the Goods the Merchant offers or the Information they give on the Trustaurant Application or to Trustaurant.
These may be due to any legal proceedings that happen because of the Merchant’s actions or lack of actions regarding the relevant excise laws.
These may be due to the Merchant breaking any condition of the license given by any rule, regulation, or statute.

Trustaurant promises to do its duties with a reasonable level of care and skill. The Trustaurant Application may have some errors or problems, and Trustaurant does not guarantee or promise anything about this. If there are any errors, Trustaurant will try to fix them as soon as possible.

LIMITATION OF LIABILITY

The parties agree that, to the extent permitted by law, their liability under or in connection with these Terms and the Form, whether arising from breach of contract, negligence, misrepresentation, tort, or any other cause of action, shall be limited as follows:
Trustaurant does not limit or exclude its liability for any liabilities that cannot be legally excluded or limited.
Subject to the above, Trustaurant shall not be liable for any loss of profits, goodwill, business, revenue, contracts, data, or any special, indirect, or consequential loss, whether or not such loss was foreseeable, known, foreseen, or otherwise.
This clause applies to any kind of harm or loss, regardless of how it occurred. Trustaurant does not warrant or guarantee that the Trustaurant Application will be free of errors or defects, but it will use its best efforts to correct them as soon as possible.
Trustaurant’s total liability under these Terms shall not exceed the Bill Value under which the claim arose, notwithstanding anything to the contrary herein.

GENERAL

Partial Invalidity: If any provision of these Terms is or becomes illegal, invalid, or unenforceable in any respect under any applicable law, the legality, validity, or enforceability of the remaining provisions shall not be affected or impaired in any way. Both parties shall jointly have the right to substitute a new provision for enforcing the agreement.
Change of Control: The Merchant agrees to the transfer or disclosure of its personal information and these Terms to any purchaser of Trustaurant’s business or assets in the event of a sale of Trustaurant’s business or assets. The Merchant acknowledges that Trustaurant’s business and assets may be sold in the future.
Acceptance of Trustaurant’s Privacy Policy: By signing the Form, the Merchant agrees to be bound by Trustaurant’s privacy policy. If the Merchant detects or suspects any unauthorized use or access of the user data or any other Trustaurant confidential information, it shall promptly notify Trustaurant the breach and cooperate with Trustaurant to investigate and mitigate any resulting harm.
Modification: Trustaurant reserves the right to amend these Terms at any time. Any amendments made to the application will (i) be displayed on the Trustaurant Application and (ii) become effective immediately. The Merchant agrees to regularly review these Terms as updated on the Trustaurant Application and to comply with any such changes or amendments. Furthermore, before making any changes to Trustaurant Dining or any other service it provides, Trustaurant will inform the Merchant and give it a chance to review and comment on the Service Modifications. The Merchant will be able to continue offering Offers under Trustaurant Dining or any other service Trustaurant provides. The Service Modifications will also be shown on the Trustaurant Application.
Independent Business Concerns: The Merchant and Trustaurant are independent Business Concerns. Nothing in these Terms shall be construed to: (i) give either party the power to direct and control the daily activities of the other; (ii) create the parties as co-venturers, partners, or any other joint or common enterprise; or (iii) authorize the Merchant to create or assume any obligation on behalf of Trustaurant for any purpose. The Merchant is solely responsible for all financial obligations related to its business.

NOTICES

The parties shall give any notices, demands, or consents required or allowed by these Terms either (i) by email or (ii) in writing and delivered personally to the other party’s address, or by registered or certified mail, with return receipt requested, or by a reliable overnight carrier. The notices, demands, or consents shall be deemed delivered either when received or, if the recipient fails to receive them due to their change of address without intimating or their own fault or, when offered.
The parties shall address any notices, demands, or consents to Trustaurant to the Legal Department at support@novacul.com. The parties may use emails or notifications sent by Trustaurant to the Merchant as examples of electronic communication methods. The Merchant agrees to (i) accept communications from Trustaurant electronically and (ii) acknowledge that any legal requirements that need written communications are met by all terms and conditions, agreements, notices, disclosures, and other communications that Trustaurant sent electronically.

TERM AND TERMINATION

The arrangement between the parties shall commence from the Commencement Date and shall be valid and binding on the parties, unless terminated in accordance with agreed Terms.contr
The parties may end the agreement at any time only after settlement of payment within one month to the Trustaurant
Regardless of anything in the preceding text to the contrary, Trustaurant may immediately dissolve the contract or suspend the restaurant if:

The Merchant violates these Terms and/or the terms and conditions of the Form; if the Merchant has the ability to repair the violation, it must be remedied within fourteen (14) days of the Merchant receiving notice of the default.
Trustaurant reserves the right to suspend your account and access to the Services if you fail to comply with the terms and conditions of maintaining clean washrooms, dining area and kitchen as specified in the Agreement. The suspension will remain in effect until you remedy the breach to the satisfaction of the Company.
In the event that the Merchant disregards the relevant legal requirements.
In the event that any of the insolvency events take place, including bankruptcy, the designation of a receiver, administrator, liquidator, winding up, or dissolution.

The merchant hereby consents to and acknowledges that Trustaurant may terminate the Form and the Terms. The agreement will be regarded as fulfilled by Trustaurant, with no further obligations to the merchant under the terms of the Form.

FORCE MAJEURE

GOVERNING LAW AND DISPUTE RESOLUTION

CONTACT US

If you have questions or comments about this notice, you may email us at support@novacul.com or contact us by post at:

Registered Office:

Novacul India Private Limited

Building No. 14/372-D

Anjilimootil, Kuzhivelippady, Edathala P.O

Ernakulam, Kerala 683561

India

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