Terms & Conditions

KhauGully is a brand operated by KhauGully, a sole proprietorship having its place of business at TODO: Full street address, Jogeshwari West, Mumbai, Maharashtra – 400102. In these terms, “we”, “us”, “our” and “KhauGully” mean that entity, and “you” means the person using the platform.

We operate a website and progressive web application (together, the “Platform”) that connects three independent groups: customers who want food, restaurants and home kitchens who prepare it (“Restaurant Partners”), and delivery riders who carry it (“Delivery Partners”).

By creating an account, browsing the Platform, or placing an order, you confirm that you have read, understood and agreed to these terms, together with our Privacy Policy, Refund & Cancellation Policy, Delivery Policy and Cookie & Tracking Policy, each of which is incorporated into this agreement by reference.

If you do not agree with any part of these terms, you must stop using the Platform.

• You must be at least 18 years of age and legally competent to enter into a contract under the Indian Contract Act, 1872. If you are below 18, you may use the Platform only under the supervision of a parent or legal guardian who accepts these terms on your behalf.
• You must provide accurate and current information, including a working mobile number and a correct delivery address. We are not liable for an order that fails because the details you gave were wrong or incomplete.
• You are responsible for everything that happens through your account. Do not share your one-time passwords with anyone. Tell us immediately if you suspect unauthorised access.
• We currently deliver only within Jogeshwari West, Mumbai and the surrounding serviceable radius. Orders placed for addresses outside this area may be refused.

Specifically, and without limitation:

• We do not cook, prepare, package, handle or store any food. Every item you see is prepared and packed solely by the Restaurant Partner that lists it, in its own premises, under its own FSSAI licence.
• We do not own or control any restaurant or kitchen. Restaurant Partners are independent businesses. They set their own menus, prices, portion sizes, ingredients, preparation methods and operating hours.
• We do not employ Delivery Partners. Delivery Partners are independent contractors who choose which deliveries to accept. No employer-employee, agency, partnership or joint-venture relationship exists between us and them, and nothing in these terms creates one.
• The contract for the food is between you and the Restaurant Partner. When you place an order, you make an offer to buy directly from that Restaurant Partner. We collect the payment and pass the order along as their authorised collection agent. We never become the owner or seller of the food.
• Menu information comes from the Restaurant Partner. Descriptions, photographs, prices, vegetarian and non-vegetarian markings, egg content, allergen information and nutritional claims are supplied by the Restaurant Partner. Photographs are illustrative and the item served may differ in appearance. We do not independently verify this information and do not warrant its accuracy.
• Ratings and estimates are indicative. Delivery time estimates, preparation times and ratings are predictions based on past data. They are not guarantees and no refund arises merely because an estimate was not met.

Our own obligations are narrow and we accept them fully: keeping the Platform available and functioning, transmitting your order accurately to the Restaurant Partner, processing your payment securely through our payment gateway, and handling refunds due to you in accordance with our Refund Policy.

• Each Restaurant Partner is solely responsible for compliance with the Food Safety and Standards Act, 2006 and all rules and regulations under it, including holding a valid FSSAI registration or licence, and for the safety, hygiene, freshness, temperature, quality, quantity, packaging and accurate description of everything it sells.
• We collect FSSAI licence details from Restaurant Partners as part of onboarding and require them to warrant that those licences are valid and current. That verification is a documentary check. It is not, and cannot be, an inspection of their kitchen, and it is not a guarantee of the food they produce.
• Vegetarian, non-vegetarian, Jain and egg-content markings are declared by the Restaurant Partner. We do not audit them. Cross-contamination is possible in any shared kitchen.
• Any claim relating to food quality, hygiene, contamination, adulteration, foreign objects, food-borne illness, allergic reaction, misdescription of ingredients, or injury to health lies against the Restaurant Partner that prepared the food, and not against KhauGully. We will, on request, provide you with the Restaurant Partner's identity and contact details so you can pursue that claim, and we will support any lawful investigation by a food safety authority.

• Adding items to your cart and confirming checkout constitutes an offer to purchase from the Restaurant Partner. The contract is formed only when the Restaurant Partner accepts the order. Until acceptance, either the Restaurant Partner or we may decline it.
• An order may be declined for reasons including an item being sold out, the kitchen being closed or at capacity, the delivery address being outside our serviceable area, no Delivery Partner being available, suspected fraud, or a pricing error. Where you have already paid, a declined order is refunded in full.
• Once a Restaurant Partner has begun preparing your food, the order generally cannot be cancelled. See our Refund & Cancellation Policy for the exact windows.
• Special instructions you add to an order are passed on as a request. Restaurant Partners are not obliged to follow them, and we make no commitment that they will.

• Item prices are set by the Restaurant Partner. We display them as received. Prices may change at any time before you place an order.
• A delivery fee is charged per order and is shown to you at checkout before you pay. It is set by us and may vary by distance, demand, time of day or order value.
• All amounts are in Indian Rupees (INR) and, where applicable, include Goods and Services Tax. The Restaurant Partner is responsible for charging, collecting and remitting GST on the food it sells and for issuing any tax invoice required. We are responsible only for tax on our own platform and delivery services.
• If a pricing error is obvious and material — for example a decimal place in the wrong position — we may cancel the affected order and refund you in full, even after acceptance. We will not be obliged to supply at the erroneous price.
• Promotional offers, discounts and coupons are subject to their own stated conditions, may be withdrawn at any time, cannot be exchanged for cash, and may not be combined unless expressly permitted.

We accept payment online through Razorpay Software Private Limited, our payment gateway partner, and by cash on delivery where that option is offered.

• We do not store your card, UPI or banking credentials. Those details are collected and processed directly by the payment gateway on its own PCI-DSS compliant infrastructure. We receive only a transaction reference and a success or failure status.
• We accept responsibility for payment handling. If money is debited and the order does not register, if you are charged twice, if the amount charged does not match the amount shown at checkout, or if a refund we owe you is not processed, we will investigate and correct it. This is our responsibility and we do not disclaim it.
• Failures occurring within your bank, card issuer, UPI application or the payment gateway itself — including declined transactions, network timeouts and delays in a bank crediting a refund it has already received — are outside our control. We will share transaction references and pursue the matter with the gateway on your behalf, but we are not liable for the underlying failure.
• For cash on delivery, you must pay the exact order amount to the Delivery Partner at handover. The Delivery Partner collects that cash on our behalf. A Delivery Partner may decline an order if the amount cannot be paid.
• We may withdraw the cash-on-delivery option, or require prepayment, where an account has a history of refused or undelivered orders.

Delivery is performed by independent Delivery Partners. Full details of serviceable areas, timing and failed deliveries are in our Delivery Policy. In summary:

• You must be reachable on the number you provided and available to receive the order at the address you gave.
• Where a delivery OTP is generated, you must share it with the Delivery Partner only at the moment of handover. Sharing it earlier, or with anyone else, is at your own risk.
• If you are unreachable or refuse to accept a delivered order without valid reason, the order may be treated as completed and no refund will be due. The food may be disposed of for safety reasons.
• You must treat Delivery Partners with courtesy. Abuse, harassment, threats or discrimination towards a Delivery Partner or Restaurant Partner will result in immediate suspension of your account and may be reported to the police.

• You may post reviews and ratings only for orders you actually placed. Content must be your own, honest, and free of abuse, obscenity, hate speech, personal data of others, or anything unlawful under Rule 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
• By posting, you grant us a non-exclusive, royalty-free, worldwide licence to display, reproduce and distribute that content on the Platform and in our marketing.
• We may moderate, decline to publish, or remove any review, and we may remove content on receipt of a valid complaint or a court or government order. We do not, however, edit reviews to change their meaning.
• As an intermediary, we do not endorse user content and are not liable for it. If you believe content on the Platform infringes your rights, write to our Grievance Officer under Clause 19.

You agree not to:

• Use the Platform for any unlawful purpose, or in breach of any Indian law.
• Place fraudulent, fake or malicious orders, abuse refunds or promotional codes, or create multiple accounts to obtain benefits you are not entitled to.
• Scrape, crawl, reverse-engineer, decompile, probe, load-test or attempt to gain unauthorised access to the Platform, its APIs or its infrastructure.
• Introduce malware, attempt to disrupt the service, or interfere with any other user's use of it.
• Impersonate any person, misrepresent your affiliation, or use another person's account, payment instrument or address without authority.
• Copy, republish or commercially exploit our content, branding, menu data or design without written permission.

We may suspend or terminate any account that breaches this clause, without notice and without refund of amounts already lawfully earned by a Restaurant Partner or Delivery Partner.

The KhauGully name, logo, interface, design, source code, database and compiled content are owned by KhauGully and protected under Indian intellectual property law. Restaurant Partner names, logos and dish photographs remain the property of those partners, who licence them to us for display. Nothing on the Platform transfers any intellectual property right to you.

The Platform relies on third parties including Razorpay Software Private Limited for payments, Google Firebase Cloud Messaging for push notifications, mapping and geolocation providers, and cloud hosting and database providers. Their services are governed by their own terms and privacy policies. We choose our providers carefully but are not responsible for an outage, defect or act of a third party outside our reasonable control.

We work to keep the Platform available, but we do not guarantee uninterrupted or error-free operation. Access may be suspended for maintenance, upgrades, security incidents, or events beyond our reasonable control including network failures, power cuts, floods, strikes, civil unrest, epidemics, government action and acts of God. We are not liable for loss arising from such unavailability.

15.1 Disclaimer. Except as expressly stated in these terms, the Platform is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim all implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement, whether in respect of the Platform or of any food, goods or services supplied through it.

15.2 What we are not liable for. To the maximum extent permitted by law, we shall not be liable for any loss, damage, injury, illness, cost or claim arising out of or in connection with:

• the quality, taste, quantity, temperature, freshness, hygiene, safety, packaging, ingredients, allergens or nutritional content of any food;
• any food-borne illness, allergic reaction, food poisoning, contamination, adulteration or foreign object in food;
• any act, omission, negligence, delay, misconduct, misrepresentation or breach by a Restaurant Partner or a Delivery Partner;
• any road traffic accident, injury or damage caused by or to a Delivery Partner in the course of a delivery;
• any dispute between you and a Restaurant Partner or Delivery Partner, or between partners;
• the accuracy of menu descriptions, images, dietary labels or availability supplied by a Restaurant Partner;
• any indirect, incidental, special, punitive or consequential loss, or any loss of profit, revenue, goodwill, opportunity, data or anticipated savings, however arising.

15.3 Cap on liability. Where we are found liable notwithstanding the above, our total aggregate liability to you in respect of any order or series of connected events shall not exceed the greater of (a) the total amount you actually paid for the order giving rise to the claim, or (b) ₹1,000. This cap applies to all claims taken together, whether framed in contract, tort, statute or otherwise.

15.4 What is not limited. Nothing in these terms excludes or limits our liability for our own fraud, wilful misconduct or gross negligence, for death or personal injury caused by our own negligence, for our mishandling of your payment or refund, or for any liability which cannot lawfully be excluded or limited — including your rights under the Consumer Protection Act, 2019.

You agree to indemnify and hold harmless KhauGully, its proprietor, employees and agents against any claim, demand, proceeding, loss, liability, cost or expense (including reasonable legal fees) arising out of your breach of these terms, your violation of any law, your infringement of any third party's rights, or any content you post on the Platform.

You may stop using the Platform at any time and may request deletion of your account under our Privacy Policy. We may suspend or terminate your access, with notice where reasonably practicable and without notice where the circumstances are serious, if you breach these terms, if we suspect fraud or unlawful activity, if required by law, or if we discontinue the service. Clauses 12, 15, 16, 18 and 20 survive termination.

In accordance with Rule 3(2) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and Rule 4(5) of the Consumer Protection (E-Commerce) Rules, 2020, our Grievance Officer is:

For everyday order issues, the fastest route is the Help & Support form in the app or an email to support@khaugully.in. Escalate to the Grievance Officer if you are not satisfied with the outcome.

These terms are governed by the laws of India. Subject to the consumer's statutory right to approach a consumer forum having territorial jurisdiction over their residence, the courts at Mumbai, Maharashtra shall have exclusive jurisdiction over any dispute arising out of or in connection with these terms.

We encourage you to raise any dispute with our Grievance Officer first. Most matters are resolved without recourse to a court.

We may amend these terms from time to time. The revised version takes effect when posted on this page with an updated “Last updated” date. Where a change materially affects your rights, we will make reasonable efforts to notify you in the app or by email. Continuing to use the Platform after a change means you accept the revised terms.

• Severability. If any provision is held invalid or unenforceable, the remaining provisions continue in full force, and the invalid provision is to be read down to the minimum extent necessary rather than struck out entirely.
• No waiver. Our failure to enforce a right is not a waiver of it.
• Assignment. You may not assign your rights under these terms. We may assign ours in connection with a reorganisation, merger or sale of the business, on notice to you.
• Entire agreement. These terms, with the policies referred to in Clause 2, form the entire agreement between you and us regarding the Platform and supersede any prior understanding.
• Language. These terms are drafted in English. Any translation is provided for convenience, and the English version prevails in case of conflict.