Terms of Service & Privacy Policy

Preamble & Binding Acceptance

These Terms and Conditions (“Terms”) govern your access to and use of the HinduSwad website located at https://hinduswad.com, the HinduSwad mobile application, ordering interfaces, payment-enabled features, delivery-related services, restaurant-facing tools, support channels, and all related products and services made available by Hindu Swad Private Limited (“Company”, “HinduSwad”, “we”, “us”, or “our”).

Hindu Swad Private Limited is the owner and operator of the HinduSwad platform under the brand philosophy “Taste with Trust”. These Terms regulate the rights, responsibilities, and obligations of customers, Restaurant Partners, Seva Sarathis, and other users in connection with the Platform and Services, subject to applicable Indian law.

By clicking to accept, creating an account, placing an order, onboarding as a Restaurant Partner or Seva Sarathi, making a payment, or otherwise accessing or using HinduSwad, you agree to be bound by these Terms and to enter into a legally binding arrangement with the Company. If you do not agree to these Terms, you must not access or use HinduSwad.

1. Definitions

• “Company”: Hindu Swad Private Limited.
• “HinduSwad”: The branded food-ordering, delivery-enabled, restaurant-listing, and service platform owned and operated by the Company under the title “Taste with Trust”.
• “Platform”: The HinduSwad website, mobile applications, partner panels, delivery interfaces, communication channels, APIs, and associated digital systems used to provide the Services.
• “User”: Any person or entity who accesses, browses, registers on, transacts through, contributes content to, or otherwise uses the Platform.
• “Customer”: A User who browses restaurants, places an Order, makes a payment, receives delivery, submits feedback, or otherwise uses HinduSwad as a consumer or end user.
• “Restaurant Partner”: A restaurant, cloud kitchen, merchant, food business operator, or similar entity listed or onboarded on HinduSwad, including its owners, employees, managers, and authorised representatives.
• “Seva Sarathi”: An individual registered, onboarded, empanelled, contracted, engaged, or otherwise enabled, directly or indirectly, for pickup, transportation, order handover, delivery support, or related field activities on or through HinduSwad.
• “Delivery Services”: The pickup, transportation, route coordination, tracking, handover, and related logistics services associated with Orders.
• “Order”: Any request, booking, purchase, or instruction placed through the Platform for food items, beverages, related products, or associated services.
• “Products” or “Food Items”: Food, beverages, combo offerings, packaged items, or other products made available through Restaurant Partners on the Platform.
• “Services”: The technology, listing, ordering, payment facilitation, communication, support, delivery coordination, loyalty, promotional, partner, and related services made available on or through HinduSwad.
• “Payment Gateway”: Razorpay and/or any other authorised payment gateway, payment aggregator, processor, UPI provider, banking partner, wallet provider, card network participant, or financial service provider integrated with HinduSwad.
• “Applicable Law”: All laws, statutes, ordinances, rules, regulations, regulatory directions, notifications, circulars, judgments, orders, and governmental requirements applicable in India.

2. Eligibility

2.1 You represent and warrant that you are at least 18 years of age and legally competent to enter into a binding contract under the Indian Contract Act, 1872 and other Applicable Law.

2.2 Where legally permitted, a minor may access or use the Platform only through a parent or lawful guardian who agrees to these Terms and assumes full responsibility for such use.

2.3 Persons prohibited by Applicable Law, suspended by HinduSwad, or otherwise disqualified from entering into legally binding arrangements with the Company may not access or use the Platform.

2.4 HinduSwad reserves the right to refuse access, suspend registration, restrict transactions, or require additional identity verification where reasonably required for legal compliance, fraud prevention, safety, or platform integrity.

3. Account Registration and Security

3.1 Certain features of HinduSwad require the creation of an Account using verified information such as your full name, mobile number, email address, physical address, OTP validation, and secure authentication credentials.

3.2 You agree to provide accurate, complete, current, and lawful information at the time of registration and to promptly update such information whenever changes occur.

3.3 You are solely responsible for maintaining the confidentiality and security of your Account credentials, devices, OTPs, passwords, and related authentication factors. You shall not share, sell, lend, assign, sublicense, or transfer your Account to any other individual or entity.

3.4 All activities performed through your Account shall be deemed authorised by you unless you have previously notified HinduSwad of unauthorized access and we have had a reasonable opportunity to act.

3.5 You must immediately notify HinduSwad via designated support or grievance channels upon suspecting any unauthorized access, credential compromise, or security incident.

4. Nature of HinduSwad’s Platform

4.1 HinduSwad operates as a digital technology platform facilitating online ordering, marketplace-style restaurant discovery, payment-enabled interfaces, delivery logistics coordination, communication channels, and customer support.

4.2 HinduSwad enables seamless interactions among Customers, independent Restaurant Partners, Seva Sarathis, and Payment Gateways. The specific role performed by HinduSwad in any transaction is governed by the underlying technical integration, service model, and Applicable Law.

4.3 HinduSwad does not make any unsupported representation that independent Restaurant Partners or Seva Sarathis act as its employees, agents, or franchisees. Food preparation, kitchen hygiene, ingredient quality, and statutory food declarations are the direct responsibility of the respective Restaurant Partner.

5. Customer Terms

• Accurate Details: Customers must provide accurate names, active contact numbers, precise delivery addresses, and landmarks to facilitate timely order fulfilment.
• Order Verification: Customers are responsible for reviewing menu items, portions, dietary labels, pricing, taxes, and delivery instructions before placing an order.
• Availability at Handover: Customers must remain reasonably available to receive delivery calls/messages and accept order handover at the specified delivery point.
• Safe Delivery Access: Customers shall provide safe, lawful, and accessible delivery instructions and shall not direct Seva Sarathis to enter hazardous, prohibited, or restricted areas.
• Fair Usage: Customers shall not misuse complaints, promotional offers, refunds, chargebacks, or support channels, and shall not place fraudulent, prank, duplicate, or abusive orders.
• Respectful Conduct: Customers shall treat Restaurant Partners, Seva Sarathis, and customer support personnel with dignity and respect at all times.

6. Restaurant Partner Terms

6.1 Each Restaurant Partner must complete mandatory onboarding, verification, KYC, and contractual documentation, providing up-to-date business details including legal entity name, GSTIN, PAN, and valid FSSAI licences or registrations.

6.2 Restaurant Partners are solely responsible for the legality, hygiene, freshness, taste, dietary accuracy, allergen declarations, statutory disclosures, menu descriptions, and packaging integrity of all food items supplied.

6.3 Restaurant Partners shall accept, prepare, package, and hand over orders in a timely, hygienic, and operationally sound manner, and promptly notify the platform of item stock-outs or kitchen delays.

6.4 Commercial settlements, platform service fees, commissions, deductions, adjustments, and tax collection at source (TCS/TDS) shall be governed by the applicable Restaurant Partner Agreement and Applicable Law.

7. Seva Sarathi Terms

7.1 Seva Sarathis must complete onboarding verification, submit valid identity proofs, driving licences, vehicle registrations, and bank details for lawful payout processing.

7.2 Seva Sarathis shall transport, handle, protect, and hand over orders carefully, lawfully, and hygienically in accordance with operational food-handling and safety guidelines.

7.3 Seva Sarathis must adhere strictly to road-safety rules, traffic regulations, customer privacy standards, and shall never open, tamper with, consume, or misappropriate any customer order.

7.4 Seva Sarathis shall not solicit unauthorised offline cash payments, tips, or direct transfers outside the approved platform payment flow.

8. Food Orders and Availability

8.1 Menu listings, item availability, descriptions, ingredients, allergen warnings, portion sizes, preparation estimates, and visual images are supplied directly by Restaurant Partners.

8.2 HinduSwad does not guarantee continuous availability of every listed menu item. Items may be updated, repriced, or marked unavailable by restaurants due to inventory or operational constraints.

8.3 Customers with specific food allergies, intolerances, or medical dietary requirements must exercise due caution and confirm ingredients before ordering.

9. Order Placement and Acceptance

9.1 Placing an Order request through the Platform does not constitute immediate acceptance. An Order is confirmed when the Restaurant Partner accepts the ticket and confirms fulfilment.

9.2 HinduSwad and Restaurant Partners reserve the right to cancel or decline an Order prior to dispatch due to kitchen overload, stock depletion, technical issues, or unserviceable delivery locations.

10. Pricing, Taxes, Fees, and Charges

10.1 The final payable amount for an Order includes food item prices (set by the Restaurant Partner), restaurant packaging charges, delivery charges, platform convenience fees, and applicable government taxes (GST).

10.2 All itemized costs, surge fees (if applicable during peak demand or extreme weather), and promotional discounts are transparently displayed on the checkout screen before final confirmation.

11. Payments and Razorpay

11.1 Online digital payments are processed through Razorpay and other RBI-authorised payment aggregators, supporting UPI (Google Pay, PhonePe, Paytm, BHIM), credit/debit cards, net banking, and verified digital wallets.

11.2 By initiating payment, you authorise the Payment Gateway to process the transaction and communicate transaction status, reference IDs, and settlement records to HinduSwad.

11.3 HinduSwad does not store full payment card numbers, CVV codes, card PINs, UPI PINs, or net banking passwords. Digital transactions follow stringent PCI-DSS and RBI security guidelines.

12. Cancellation Policy

12.1 Cancellation Before Kitchen Acceptance: Customers may cancel an order free of charge before the Restaurant Partner accepts the order ticket, receiving a 100% full refund.

12.2 Cancellation After Preparation Starts: Once food preparation has commenced, cancellations may be restricted or subject to a cancellation fee up to the order value to compensate for perishable ingredients.

12.3 Cancellation After Dispatch: Orders picked up and dispatched with a Seva Sarathi cannot be cancelled, except under verified delivery failure or food safety emergencies.

12.4 Platform/Restaurant Cancellation: If an order is cancelled by HinduSwad or the Restaurant Partner due to stock-out or technical reasons, a 100% full refund will be processed automatically within 48 hours.

13. Refund and Replacement Terms

13.1 Eligible grievances including missing items, wrong food delivered, spoiled food, or packaging damage will be reviewed promptly. Customers are advised to report issues via the app within 24 hours of delivery with photographic evidence.

13.2 Approved refunds are initiated within 48 hours to the original payment source or as HinduSwad Platform credits (valid for 90 days), depending on customer preference.

14. Delivery Terms

14.1 Estimated delivery times (ETAs) shown on the Platform are dynamic estimates based on traffic, distance, and kitchen preparation load, and do not constitute a binding guarantee.

14.2 For gated communities, corporate parks, and security-controlled facilities, delivery handover may occur at the main security gate or entrance barrier in compliance with local premises rules.

14.3 If a customer is unreachable for more than 10 minutes upon rider arrival, the order may be marked completed with no refund eligibility due to perishable product spoilage.

15. Promotions, Discounts, and Loyalty Programmes

15.1 Promotional coupons, discounts, referral bonuses, and loyalty points are subject to specific minimum order values, expiration dates, and one-account-per-device rules.

15.2 HinduSwad reserves the right to cancel orders or revoke discounts where multiple-account manipulation, referral abuse, or coupon exploitation is detected.

16. User Content, Reviews, and Feedback

16.1 Users may submit genuine reviews, ratings, photographs, and feedback. You represent that your submissions are truthful, non-defamatory, and do not infringe any third-party rights.

16.2 By posting content, you grant HinduSwad a non-exclusive, royalty-free, worldwide licence to display, moderate, adapt, and use such content for platform improvement and service operations.

17. Intellectual Property Rights

17.1 All brand assets, logos, trademarks, UI designs, graphics, source code, and platform content are the exclusive intellectual property of Hindu Swad Private Limited.

17.2 Users are granted a limited, personal, non-exclusive, non-transferable licence to access the platform. Scraping, reverse engineering, unauthorized reproduction, or commercial exploitation is strictly prohibited.

18. Prohibited Conduct

• Engaging in financial fraud, payment chargeback abuse, or fake refund claims.
• Creating duplicate, automated, or impersonating accounts.
• Deploying bots, scrapers, crawlers, or malicious code against platform servers.
• Harassing, abusing, threatening, or discriminating against delivery personnel or support staff.
• Ordering, listing, or attempting to transport illegal or restricted goods.

19. Suspension and Termination

HinduSwad reserves the right to immediately suspend, restrict, or permanently terminate accounts found violating these Terms, engaging in fraudulent activities, or creating safety risks for users or partners.

20. Privacy and Personal Data

Personal data collected across our services is processed in strict accordance with Part II of this document (Privacy Policy) and the Digital Personal Data Protection Act, 2023.

21. Third-Party Services and Links

Our platform integrates third-party services including Razorpay (payments), mapping providers (navigation), SMS gateways, and cloud infrastructure. Use of third-party features is subject to the respective provider's terms and security standards.

22. Disclaimers

22.1 The platform and services are provided on an “as is” and “as available” basis without express or implied warranties.

22.2 Food preparation, kitchen hygiene, ingredient quality, and taste are the direct statutory responsibility of the respective Restaurant Partner.

23. Limitation of Liability

To the maximum extent permitted by Indian law, HinduSwad’s aggregate liability for any proven claim arising out of a specific order shall not exceed the actual amount paid by the Customer for that disputed order.

24. Indemnification

You agree to indemnify, defend, and hold harmless Hindu Swad Private Limited, its directors, officers, and employees from any third-party claims, losses, liabilities, or legal costs arising from your breach of these Terms, illegal conduct, or violation of applicable laws.

25. Force Majeure

HinduSwad shall not be liable for delivery delays or service interruptions caused by events beyond reasonable control, including natural disasters, severe weather, civil disturbance, strikes, road closures, or telecommunications outages.

26. Grievance Redressal Mechanism

In accordance with the Information Technology Act, 2000 and the Consumer Protection (E-Commerce) Rules, 2020, user grievances may be addressed to:

27. Dispute Resolution & Arbitration

Users agree to first seek informal resolution by contacting HinduSwad Support or the Grievance Officer. Unresolved commercial disputes may be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996 in India, without prejudice to non-waivable statutory consumer forum rights.

28. Governing Law

These Terms and any dispute or claim arising out of them shall be governed by and construed in accordance with the laws of the Republic of India.

29. Changes to These Terms

HinduSwad reserves the right to modify or update these Terms periodically to reflect changes in law, platform functionality, or operational standards. Revised versions will be published on the Platform with an updated effective date.

30. General Legal Provisions

• Severability: If any provision is deemed unenforceable, remaining terms remain in full effect.
• No Waiver: Failure to enforce any clause shall not constitute a waiver of future enforcement rights.
• Entire Agreement: These Terms together with the Privacy Policy constitute the full agreement between the user and the Company regarding platform use.

Privacy Preamble & Scope

This Privacy Policy describes how Hindu Swad Private Limited (“Company”, “HinduSwad”, “we”, “us”, or “our”) collects, uses, stores, shares, discloses, transfers, and processes personal data in connection with the HinduSwad website, mobile application, customer communications, partner interfaces, and delivery systems.

Hindu Swad Private Limited acts as the Data Fiduciary under applicable Indian laws, including the Digital Personal Data Protection Act, 2023, the Information Technology Act, 2000, and the Consumer Protection (E-Commerce) Rules, 2020.

1. Privacy Definitions

• “Personal Data”: Any data about an individual who is identifiable by or in relation to such data under applicable Indian law.
• “Processing”: Any operation performed on personal data, including collection, storage, retrieval, use, disclosure, transfer, erasure, or destruction.
• “Data Fiduciary”: Hindu Swad Private Limited, which determines the purpose and means of processing personal data.
• “Data Principal”: The individual to whom the personal data relates (Customers, Restaurant Partners, and Seva Sarathis).

2. Scope and Acceptance

This Policy applies whenever personal data is processed across our website, mobile apps, customer support interactions, partner onboarding dashboards, and delivery coordination workflows. By using the Platform, you acknowledge this data processing.

3. Customer Privacy Provisions

We may collect and process the following categories of customer information:

• Identity & Profile: Full name, profile photo, mobile phone number, email address.
• Location Data: Saved delivery addresses, billing addresses, and live device geolocation (with permission) for route tracking and order delivery.
• Order & Transaction Records: Food preferences, cart contents, order history, invoice records, and masked payment transaction identifiers.
• Communications & Support: Chat support transcripts, customer feedback, reviews, ratings, and grievance filings.
• Technical & Diagnostics: IP address, device model, operating system version, browser details, app crash diagnostics, and session cookies.

4. Restaurant Partner Privacy Provisions

For Restaurant Partners, we process business legal entity names, authorized signatory details, kitchen addresses, GSTIN, FSSAI certificates, PAN details, bank account settlement information, menu catalogs, and operational performance metrics to ensure lawful commerce and statutory compliance.

5. Seva Sarathi Privacy Provisions

For Seva Sarathis, we process verification credentials, driving licences, vehicle details, bank/payout details, emergency contacts, live delivery GPS coordinates during active delivery trips, and proof-of-delivery handover confirmations.

6. Purposes of Data Processing

• Account creation, authentication, and secure OTP verification.
• Order placement, kitchen preparation notifications, and live delivery tracking.
• Payment facilitation, invoicing, settlement reconciliation, and refund processing.
• Customer support assistance and grievance resolution.
• Fraud detection, fake order prevention, and platform cybersecurity protection.
• Compliance with taxation, FSSAI, accounting, and legal obligations.

7. Consent and Lawful Processing Grounds

Data processing is conducted based on free, specific, informed consent or other lawful grounds recognised under the Digital Personal Data Protection Act, 2023, including the fulfilment of requested food orders, statutory compliance, and vital safety interests.

8. Cookies and Tracking Technologies

HinduSwad uses essential session cookies for authentication, security, and cart preservation, alongside anonymous analytics cookies to improve platform speed and usability. You may manage cookie preferences in your browser settings.

9. Payment and Razorpay Provisions

All online transactions are processed through Razorpay and certified banking channels. HinduSwad receives only tokenized transaction status codes and refund reference IDs necessary for order reconciliation and customer support.

10. Data Sharing and Disclosure

HinduSwad shares data strictly on a need-to-know basis with:

• Restaurant Partners: Order details, customer name, and item customisation instructions.
• Seva Sarathis: Customer delivery address, landmark, and masked contact number solely during the active delivery window.
• Payment Gateways (Razorpay): Transaction amount and order identification for payment processing.
• Statutory Authorities: When strictly required by lawful court orders, tax departments, or law enforcement agencies.

11. Data Security Safeguards

We implement comprehensive technical, organisational, and administrative safeguards, including TLS encryption in transit, restricted role-based database access, firewall protection, and continuous vulnerability monitoring to protect your personal data.

12. Data Breach and Incident Response

In the unlikely event of a verified data security incident, HinduSwad will take immediate containment measures and notify affected users and the Data Protection Board of India in accordance with statutory requirements.

13. Data Retention and Deletion

We retain personal data only for as long as necessary to provide services and satisfy statutory tax, accounting, and legal requirements. Users may request account and data deletion at any time via our Account Deletion Page.

14. Cloud Infrastructure and Data Transfers

Platform databases and cloud servers are securely hosted within India in compliance with Indian data localisation guidelines and industry best practices.

15. Children’s Privacy

HinduSwad does not knowingly market to or collect personal data from children under 18 years of age without verifiable parental or guardian consent.

16. User Rights and Choices

Under the DPDP Act 2023, you have the right to:

• Request a summary of your personal data processed by HinduSwad.
• Request correction or updating of inaccurate or outdated information.
• Request erasure/deletion of your personal data and account records.
• Withdraw consent for non-essential communications or location sharing.
• Nominate an individual to exercise data rights in the event of incapacity.

17. Marketing and Communications

Users may opt out of promotional SMS, WhatsApp messages, or marketing emails at any time via in-app settings or unsubscribe links. Essential transactional notifications (order confirmation, OTP, delivery status) cannot be disabled while using the service.

18. Privacy Grievance Redressal

For privacy inquiries, data access requests, or data protection concerns, contact our designated Grievance Officer:

19. Third-Party Links and External Services

Our platform may contain links to external websites or partner services. HinduSwad is not responsible for the independent privacy practices of third-party websites.

20. Platform-Specific Responsibilities

HinduSwad enforces strict confidentiality agreements and access controls across all employees, partners, and contractors who interact with personal data in the course of service delivery.

21. Changes to this Privacy Policy

We may update this Privacy Policy from time to time. Material updates will be highlighted via in-app notifications or website banners with the revised effective date.

22. Contact Information

23. Governing Law and Jurisdiction

This Privacy Policy is governed by the laws of India, and competent courts in India shall have jurisdiction over any legal matters arising hereunder.