Terms and Conditions of Mess Partner Enrolment for Food Ordering and Delivery Services

Last Updated: June 11, 2026

These Terms form part of the Mess Partner Enrolment Form for Food Ordering and Delivery Services ("Form") and constitute a legally binding agreement made between you, whether personally or on behalf of an entity (the "Mess Partner"), and Bento Eats LLP and its affiliates (collectively, "Bento"), regarding use of Bento's Platform for the provision of Mess Services by the Mess Partner to the Customers.

1. Definitions

"Asset Handover Form" means the form shared by Bento, which includes details of the assets provided by Bento to the Mess Partner and annexed to the Form.
"Calendar Month" means a month as named in the English calendar.
"Service Fee (formerly known as Commission)" means the amount payable by the Mess Partner to Bento, as set out in the Form.
"Customer" means users who place Orders through the Platform.
"Customer Application" means the proprietary online website and/or mobile based Order placement application of Bento available on the Platform, which enables the Customers to (a) place an Order with the Mess Partner for the purpose of availing Mess Services; and (b) track the status of the Order placed by such Customer with the Mess Partner; and (c) facilitates a provision of payment by the Customer towards the Mess Services availed from the Mess Partner.
"Customer Data" means any and all identifiable information about Customer provided by the Customer via the Platform, including, but not limited to, Customer's name, delivery addresses, email addresses, phone numbers, and Customer preferences, to be governed by the Privacy Policy.
"Delivery Charges" means the delivery fee charged by the Delivery Partner from the Customers on each Order where Bento facilitates delivery of an Order to the Customers.
"Delivery Surge" means an amount charged by the Delivery Partner from the Customers over and above the Delivery Charges on some Orders, determined on the basis of various factors including but not limited to order value, distance covered, time taken, demand for delivery, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time.
"Electronic Payment Mechanism" means the online and mobile based payment mechanisms including the third party payment gateways, credit card/debit card/net banking transfer and/or e-wallets and/or Bento credits that are available on the Platform for the purposes of facilitating the payment of the Order Value by the Customer.
"Execution Date" means the date of execution of Form.
"Form" means the Mess Partner Enrolment Form for Food Ordering and Delivery Services executed by the Mess Partner.
"Gross Sales" means the gross amount charged by the Mess Partner to any Customer that is attributable to any Order placed through Bento's Platform including all applicable taxes less discounts being offered by the Mess on Bento's Platform (if any).
"Information" means the information set out and provided along with the Form and includes any information which is supplied by the Mess Partner to Bento under these Terms such as Mess Partner's name, establishment name, logo, the Menu items and images for menu items, the price lists underlying the Menu, opening hours of the mess establishments operated by the Mess Partner, rates at which taxes are charged by the Mess Partner to the Customer, delivery areas serviced by the mess and/or delivery terms, specific information the Mess Partner is under an obligation to supply to Bento (a) immediately on the Execution Date; or (b) within 1 (one) day from any change in such information.
"Delivery Partner" means a third party service provider who collects Order(s) from the Mess and delivers it to the Customer location.
"Logistics Services" means facilitation services offered by Bento wherein Bento would connect the Mess Partner with Delivery Partner through its online technology platform, who shall pick Order(s) from the Mess, and deliver the same to the Customers.
"Menu" means any document or virtual page, which lists out the items for sale offered by the Mess Partner to the Customer, on the Platform.
"Menu Item Categorisation" means tagging with respect to food items between Mess Service and Supply of Foods and Beverages Items (as defined below) as confirmed by the Mess Partner to Bento.
"Merchant Application" means the Bento developed Order management application pre-loaded in the Tablet and/or Bento Device which provides Mess Partner the ability to (a) receive an Order for the Mess Services; (b) allows the Mess Partner to accept or reject the Order within stipulated time; (c) provide updates on the Customer's Order and its status; and (d) place a request for Logistics Services, if applicable.
"Multiple Outlet Entity" means the Mess, which has more than one outlet under the same ownership providing Mess Services.
"Net Order Value" means Order Value received, less the Service Fee and any other additional amount, charges etc. that are due to Bento from the Mess Partner under these Terms or the Form.
"Net Sales" means the Gross Sales less applicable taxes charged by the Mess and delivery charge and any similar charges levied by the Mess (if any).
"One Time Sign-Up Fee" means a one time non-refundable amount set out in the Form, payable by the Mess Partner when availing the Services for the first time from Bento.
"Optional Services" means the optional services offered to the Mess Partner by Bento from time to time.
"Order" means the placement of an order by the Customer with the Mess Partner for the purchase of any item via the Platform.
"Order Value" means the amount which is payable by the Customer upon placement of an Order with the Mess Partner on the Platform for the Mess Service.
"Parties" means Bento and the Mess Partner.
"Payment Mechanism Fee" means the amount payable by the Mess Partner to Bento, being a % of Order Value including taxes less any charge not levied by the Mess but collected by Bento, as more specifically set out in the Form.
"Platform" means the Website and Customer Application owned and operated by Bento.
"Pre-Packaged Goods" means the food and beverages items packaged in such a manner that the contents cannot be changed without tampering it and which is ready for sale to the Customer and as may be defined under the Food Safety and Standards Act, 2006 from time to time.
"Mess Partner Compensation Policy" means the compensation policy applicable to the Mess Partner in the event an Order is cancelled or rejected for reasons not attributable to the Mess Partner.
"Mess" means a commercial establishment(s) for which the Mess Partner is executing the Form, and from where the Mess Services are made available to the Customer, wherein the food and beverage items are prepared and/or delivered to the Customer.
"Mess Partner" means the entity/individual being the legal owner of the Mess as mentioned in the Form.
"Mess Service" means supply by way of service of food and beverages items listed on the Menu from time to time, sold by the Mess, listed and advertised by the Mess Partner on the Platform.
"Service Operator" means the Bento operated centralized system used for receiving Orders from Customers through the Customer Application and transmitting those to the Mess Partner.
"Services" means the services offered by Bento to the Mess Partner, on and from the Effective Date, including the following:
- Order placement and catalog hosting services: Bento provides the Order placement mechanism for the Customers to place Orders with the Mess Partner on a real time basis and helps with listing of the menu and price lists as provided by the Mess Partner.
- Demand generation and marketing: Bento helps bring new Customers to Mess Partner every day. This is done through targeted marketing, enabling appropriate discovery and creating a seamless food ordering experience.
- Logistics Services: Bento creates competitive earning opportunities for Delivery Partners, with an intent to create a high quality and reliable delivery ecosystem for delivering Mess Partner's Orders.
- Support for Customers, Mess Partners and Delivery Partners: Bento has a team working 24×7/365 ready to help solve any issues, so that the Customers, Mess Partners and Delivery Partners experience is seamless.
- Technology infrastructure: Bento builds and supports products for Customers, Mess Partners and Delivery Partners including payment infrastructure which requires high quality talent and investments.
"Single Outlet Entity" means the Mess, which has only one outlet providing Mess Services.
"Orders requiring support" means orders where Bento support teams extend additional support to mitigate customer escalations including but not limited to, delay in accepting or handing over the Order(s), poor quality food, missing or incorrect item, poor quality packaging, etc.
"Supply of Food and Beverages Items" means supply of any food and beverages items, made by the Mess through the Platform, other than Mess Service.
"Tablet" means an electronic Order placement Tablet device preloaded with the Merchant Application.
"Website" means www.bentoapp.in (including the webpages contained or hyperlinked therein and owned or controlled by Bento), and such other media or media channels, devices, mobile applications, software, or technologies as Bento may choose from time to time.
"Bento Device" means a smart phone loaded with the Merchant Application.

2. Bento's Obligations

Bento will (a) list Mess Partner's menu and the price list on the Platform; and (b) transfer to the Mess Partner the amounts received from the Customers in accordance with agreed Terms set out herein.
Bento will display on the Platform, on a best effort basis, all necessary information provided by the Mess Partner. However, Bento is not under any obligation to display any information until the Mess Partner provides all required information and such information is in compliance with Bento's policies and guidelines.
Bento will transmit the Orders placed by the Customer with the Mess Partner as per below:
1. Mess Partner having Tablet or Bento Device with pre-loaded Merchant Application or receiving Orders through a third party point of sale system or Bento API or a Bento provided web dashboard, Order transmission on a real time basis; or
2. Mess Partner Device having the Merchant Application.
3. Mess Partner using their own device, without Merchant Application to receive Orders: Order transmission through SMS and/or phone call on an immediate basis through the Service Operator. In the event, the Mess Partner fails to answer the phone calls over a period of two (2) minutes, Bento reserves the right to temporarily restrict/deactivate Mess Partner's Food Ordering and Delivery services to avoid any Customer complaints. Mess Partner's access shall be reinstated upon specific request made to Bento customer support center. Bento reserves the right to cancel any Order where Mess Partner is unable to communicate its response within two (02) minutes on (a) acceptance/rejection of the Customer Order and/or (b) Order delivery timelines; or
4. Where transmission of Order is to the Mess Partner owned device without Merchant Application, Bento's Service Operator shall communicate Customer Order to the Mess Partner (through SMS and/or phone call) and communicate Mess Partner response with respect to (i) acceptance/rejection of Order; (ii) delivery time; (iii) no-response from Mess Partner or any such information as may be made available by Bento from time to time; to the Customer through Customer Application. The Mess Partner agrees that all communication undertaken by Bento with the Mess Partner via phone call may be recorded.
Bento will redress the Customers and the Mess Partner's complaints in respect of the functioning of the Platform and/or the Tablet or Bento Device (as the case may be).
For the avoidance of doubt it is hereby expressly clarified that Bento is only responsible for providing (i) a Platform to the Mess Partner to list, offer and sell the Mess Services to the Customers and/or (ii) Logistics Services (if applicable) and that Bento will not be responsible or liable for (i) the quality of the Mess Services listed and advertised on the Platform; and/or (ii) the processing of the Orders which have been placed by the Customers with the Mess Partner on the Platform; and/or (iii) any delay in preparation of the Order by the Mess Partner.
Bento may suspend the Mess Partner's account if the Mess Partner is found non-compliant with the Food Safety and Standards Act, 2006 and the rules, regulations, licenses, standards and guidelines issued thereunder from time to time.
While providing Logistics Services:
1. Bento shall not be responsible or liable for the delivery of Orders or any issues associated therewith unless, Mess Partner has contractually opted for Logistics Services from Bento. Further, where the Mess Partner has opted for Logistics Services, Bento shall only be responsible to tally the number of items ordered against the Order received. Mess Partner acknowledges and agrees that Bento shall not be responsible for quality or quantity (if the packet of the Order is not tampered with during delivery) of the Order and the Mess Partner shall be solely responsible for the quality and quantity of the Order.
2. In the event Mess Partner opts for Logistics Services, Mess Partner acknowledges and agrees that delivery will be facilitated by Bento through a Delivery Partner. Mess Partner understands and agrees that Bento shall not be responsible if the Delivery Partner indulges in theft of the Order or indulges in any illegal activity or misconduct against/with the Customer(s) and/or the staff of Mess Partner or indulges in any vandalism activity against the Mess Partner and/or the Mess. Please note that Bento uses its best endeavors to fulfill the Logistics Services opted by the Mess Partner. Bento has no control, in any manner whatsoever, with respect to the ratings or reviews received by the Mess Partner for the Logistics Services availed through Bento, as such ratings are dependent on multiple factors including but not limited to each Customer's experience with the Mess Partner and the Mess Services.
3. The Mess Partner shall not hold Bento liable for any claims, raised by the Customer where the delay in handing over the Order to the Delivery Partner is solely attributable to the Mess Partner and its staff.
4. Bento may at its sole discretion collect Delivery Charges and Delivery Surge from Customer for delivery of the Order.
Mess Partner acknowledges and agrees that Bento is a mere facilitator in relation to the Logistics Services whereby Bento facilitates logistics services by connecting Delivery Partner with Mess Partner for delivery of Order(s) from the Mess(es) to the Customer and hence cannot be held liable for any illegal/unlawful activity of the Delivery Partner.
Bento shall provide the Mess Partner with a web dashboard in the event the Mess Partner has a designated device to access such web dashboard, high-speed internet connection and speakers.

3. Mess Partner's Obligations

The Mess Partner will not discriminate while servicing Orders received from Customers ordering via the Platform. Mess Partner will not provide any preferential treatment to customers ordering independently from the Mess Partner (i.e. customers ordering directly from a Mess Partner).
The Mess Partner will respect the dignity and diversity of Delivery Partners and accordingly will not discriminate against any Delivery Partner on the basis of Discrimination Characteristics (as defined below). The Mess Partner is expected to enable provision of a secure and fearless gig work environment for the Delivery Partners including prevention and deterrence of harassment (including sexual harassment) towards Delivery Partners. For the purpose of these Terms, 'Discrimination Characteristics' shall mean discrimination based on race, community, religion, disability, gender, sexual orientation, gender identity, age (insofar as permitted by applicable laws to undertake the relevant gig work), genetic information, or any other legally protected status.
Mess Partner shall ensure that all mandatory information pertaining to taxes, levies, and charges applicable on the Order(s) are clearly visible to the Customers on their invoice issued for any supply, as per the applicable laws. For the purpose of clarity, in the case of Mess Service(s), Bento will generate the tax invoice on the Mess Partner's behalf in accordance with the applicable GST laws and deposit the tax to the appropriate tax authorities.
Mess Partner will ensure that the Information provided to Bento is current and accurate, including but not limited to the Mess Partner name, address, contact telephone number, email, manager/contact person details, delivery times, opening hours, Menu(s), price lists, taxes, Menu Item Categorisation, service addresses, and other relevant information.
Mess Partner shall confirm to Bento its Menu Item Categorisation between Mess Service and Supply of Foods and Beverages Items. Menu Item Categorisation as confirmed by the Mess Partner shall be consumed by Bento for the purpose of undertaking necessary compliance with the applicable laws. In the event of a dispute in Menu Item Categorisation, the Mess Partner undertakes to make good any losses incurred by Bento on account of any mis-declaration or mis-representation of facts.
Mess Partner shall ensure that it is the sole author/owner of, or otherwise controls all the content/material, including but not limited to the Mess Partner's name, establishment name, logo, menu items, images, marketing material, video, audio, text etc. transmitted or submitted by the Mess Partner to Bento either through the Platform or otherwise ("Content"), or has been granted the right to use such Content from the rights holder of such Content and that it does not violate or infringe the rights of any third party or applicable laws.
Mess Partner shall process and execute the Order(s) promptly.
The Mess Partner shall be obligated to turn off "Accepting Delivery" feature on its food ordering mechanism whenever the Mess Partner is unable to provide Mess Services to the Customer.
Mess Partner acknowledges and agrees that in the event the Customer's experience with the Mess Partner and the Mess Services is hampered on account of acts and omissions attributable to the Mess Partner, including but not limited to, frequent rejection of Order(s), Bento reserves the right to take appropriate action in accordance with its policies, which may be amended from time to time.
Mess Partner shall inform Bento about any change or modification made to the Order by the Customer, directly with the Mess Partner.
Mess Partner hereby agrees that if it accepts the Order cancellation request raised by a Customer via the Platform for Mess Partner, it shall not be eligible to receive any Order Value or amount for such cancelled Order.
Mess Partner shall ensure that when a Customer pays online for an Order and the Mess Partner is undertaking logistics, the Mess Partner or its representative collects a signed receipt from the Customer upon delivery of the Order. In the event of a dispute in respect of whether the Mess Partner is entitled to a payment by Bento, Bento will not be required to make any such payment unless the Mess Partner provides Bento with a copy of the signed receipt.
Mess Partner shall retain proof of delivery for a period of 180 days from the date of delivery.
In the event the Mess Partner undertakes delivery of any Order, it shall ensure only trained personnel undertake such delivery and the safety of the food and beverage is not compromised at any time until the Order is received by the Customer. The Mess Partner agrees to indemnify Bento for any claims that may arise on account of delivery of Orders undertaken by the Mess Partner.
The Mess Partner warrants that the food and beverages provided to Customers are:
1. of high quality and fit for human consumption;
2. compliant with Food Safety and Standards Act, 2006 and the rules, regulations, licenses, standards and guidelines issued thereunder;
3. compliant with all other relevant Indian legislation, including all applicable food industry regulations.
Where the Mess Partner avails any Optional Services, the Mess Partner will additionally be liable to abide with the terms and conditions of such Optional Services or any other terms and conditions pertaining to the Optional Services, communicated by Bento from time to time.
Contact a Customer if an Order cannot be processed as requested or to clarify the details of an Order, if required, post confirmation of the Order.
The Mess Partner shall contact a Customer if an Order cannot be processed as requested or to clarify the details of an Order, if required, post confirmation of the Order.
To promptly redress the Customer complaints which have been referred by Bento to the Mess Partner in respect of the (a) quality, quantity and/or taste of the food and beverage; (b) delivery of the Orders (where such delivery has been undertaken by the Mess Partner and the delivery issues are attributable directly to the Mess Partner); and (c) failure on part of the Mess Partner to comply with the special requests/instructions of the Customers where such requests and/or instructions have been clearly communicated by the Customer at the time of the placement of Order.
The Mess Partner shall remove any/all menu items unavailable with the Mess Partner.
The Mess Partner acknowledges and agrees that it will be solely responsible for delivering the Order placed by the Customers (where it is not availing Logistics Services) with the Mess Partner on the Platform. Unless agreed to by the Mess Partner in the Form, it is clarified that Bento will not provide any Logistics Services.
For the avoidance of doubt it is hereby expressly clarified that Bento is not responsible or liable to the Customer for the (a) quality of the Mess Service advertised on the Platform; and/or (b) processing of the Order; (c) delivery of the Orders (unless Logistics Services are provided by Bento) that have been placed by the Customers with the Mess Partner through the Platform; and (d) misconduct/illegal activity of the Delivery Partner. The Mess Partner acknowledges and agrees that it will be solely responsible and liable to the Customer for the (a) quality of the Mess Service listed and advertised on the Platform; and/or (b) processing of the Order and (c) timely delivery of the Orders (unless Logistics Services are provided by Bento) that have been placed by the Customers with it on the Platform.
The Mess Partner shall ensure that the Order(s) are (a) in accordance with Order placed by the Customer; and (b) appropriately packed and adequately fastened to avoid any spillage during the transportation. Mess Partner understands that the Order will be in transit for the period of delivery from the Mess to the Customer and the Mess Partner shall ensure that this is taken into consideration while accepting and preparing the same.
Mess Partner shall (a) undertake adequate police verification and background checks for its delivery personnel and maintain records of the same; (b) ensure that the delivery personnel are not intoxicated; (c) ensure that delivery personnel don't misbehave with the Customer; (d) make timely payment of all applicable statutory dues; (e) maintain adequate insurances; and (f) provide proper training to its delivery personnel to ensure delivery personnel deliver the Order efficiently without any spillage or delay.
Mess Partner shall ensure, while making deliveries, it does not commingle the Order along with other orders it receives directly from customers or from third parties not using the Platform. Mess Partner shall pack the Order either in Bento provided packing material or other packaging material. However, under no circumstances shall the Mess Partner use third party branding in the packaging material used for the Order.
Mess Partner shall address and resolve all Customer complaints received by Bento relating to the efficacy, quality or any other issues relating to the Mess Services expeditiously within timelines prescribed by the Ministry of Consumer Affairs or any other authority from time to time. Further the Mess Partner shall be solely liable and bound to take action on complaints raised by Customer pertaining to the Order(s).
Mess Partner acknowledges and agrees that Mess Partner shall be required to furnish a copy of its PAN Card, TAN, GSTIN, FSSAI license and registration certificates and other details required as per law or for provision of Services, as maybe requisitioned by Bento from time to time failing which, Bento reserves the right to delist the Mess Partner from the Platform and/or curtail its access from the Platform.
Where Mess Partner avails Logistics Services from Bento, Mess Partner shall ensure that it hands over all Orders to the Bento authorized delivery personnel in a spill proof packaging.
The Mess Partner shall comply with the applicable law on the ban of single-use plastic and shall ensure that neither single-use plastic is used in packing any Order nor is any cutlery made from single-use plastic provided with the Order. Mess Partner agrees and acknowledges that Bento shall reserve a right to cancel all Orders that are packed by the Mess Partner using single-use plastic and any payment made to the Delivery Partner assigned to such orders or refund/compensation made by Bento to the Customers whose Orders are cancelled shall be recovered from Mess Partner in accordance with Bento's cancellation policy. Further, any loss suffered by Bento or the Delivery Partner due to use of single-use plastic by Mess Partner, whether on account of any fine imposed by the authorities on Bento or its Delivery Partner or otherwise, shall be recovered from the Mess Partner by making deductions in accordance to the payment settlement process agreed under these Terms.
Furthermore, where Bento provides Logistics Services, the Mess Partner shall ensure that the Order is ready at the time the Delivery Partner arrives to collect the Order. Where the Mess Partner fails to handover the Order to the Delivery Partner within the indicated kitchen preparation time, Mess Partner shall be responsible for any and all issues and costs associated with delayed delivery including costs associated with reimbursing the Customer.
Mess Partner acknowledges and agrees that it shall not make any independent calls to the Customer and ask the Customer to make payments of amounts greater than what was agreed by the Customer at the time of placing the Order through the Platform.
Mess Partner except as required for the fulfillment of Order shall not use the Customer data for sending any unsolicited marketing message or announcements.
Mess Partner shall not engage in any fraudulent activity or misuse any benefits extended by Bento to Customers and shall be liable to Bento in the event Bento becomes aware of any fraudulent activity undertaken by the Mess Partner.
Mess Partner shall not charge any delivery and/or Payment Mechanism Fee charges from Customers on Orders where Mess Partner is not undertaking delivery itself.
Where Mess Partner avails Logistics Services under hybrid model and opts to not avail Logistics Services through Bento, Mess Partner shall be responsible to deliver the Order to the Customer.
Mess Partner shall ensure to update the Merchant Application as and when the latest version of the application is available.
Mess Partner acknowledges and agrees that any asset, such as POS machines/credit card/debit card swipe machines, bags etc., provided by it to the Logistics Personnel, whether with or without the consent of Bento, shall be at its sole risk. Mess Partner agrees and undertakes that it shall be solely liable if any such asset provided to the Logistics Personnel, is damaged, stolen or not returned by the Logistics Personnel, and Bento shall not be liable to indemnify the Mess Partner for the same and/or bear cost of the asset.
Mess Partner shall ensure to protect and maintain the Customer experience on the Platform by accurately displaying the details of the Mess including but not limited to item names & images in the Menu.
The Mess Partner shall not charge the Customer for anything other than food, beverages, and packaging charges on the Platform. The Mess Partner shall ensure that all menu item(s) available for delivery to the Customers through its delivery channels from its own Mess or franchise locations or its other channels like websites/apps etc, shall also be made available for delivery to the Customers through the Platform.
Mess Partner understands and agrees that having similar item names and images in the Menu of two or more Mess listings operating from the same location may cause confusion for the Customers and hamper their experience on the Platform.
It is further clarified that, in the event, the Mess listings are found to be in violation of this term, then Bento shall notify the Mess Partner by giving a 30 (thirty) day written notice to make the necessary changes and correct the Mess listings. However, in case the Mess Partner fails to correct the Mess listings, then Bento reserves the right to take appropriate action, which may include removing all the duplicate listings from the Platform, in accordance with its policies and these Terms.
Bento Plus
Where a Mess Partner has voluntarily agreed to sign up for Bento Plus, which is a subscription-based program of Bento allowing a customer having a valid Bento Plus membership ("Bento Plus Customer") to avail Discount (defined below) extended by the mess establishments partnered with Bento ("Bento Plus"), Mess Partner agrees to the following terms and conditions:
1. Discount: The Mess agrees to extend the percentage of discount or a flat discount to the Bento Plus Customer, as agreed by the Mess Partner in writing on the Gross Sales ("Discount") for every Order that is received from a Bento Plus Customer, provided that the Order Value for such Order is above the minimum Order Value as agreed by the Mess Partner ("Minimum Order Value").
2. The Mess Partner hereby permits Bento to deduct the amount towards Discount as per the Payment Settlement Process set out in these Terms.
3. The Discount can be combined with any other offers or discounts or deals, or combos extended by the Mess Partner or Bento or any other third party on such Order.
4. The Discount is valid on all days and at all times during the operational hours of the Mess.
5. The Discount shall be extended to Bento Plus Customer on all food & beverages items on the Menu except items sold by the Mess Partner on MRP and spirits and delivery services where delivery is undertaken by Mess Partner.
6. The Discount is valid only on delivery orders.
7. 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 these terms.
8. Either party may terminate this Addendum by giving seven (7) days prior written notice of termination to the other party.
9. Termination of Bento Plus terms shall have no effect on the Form and Terms for food ordering and delivery services and they shall continue to subsist.
10. Bento may modify these terms from time to time, and any such changes will be effective immediately upon the changes being reflected on the Platform.
11. Bento reserves the right to alter, modify, extend or discontinue Bento Plus at any time. In the event, Bento changes or modifies Bento Plus program and Mess Partner does not wish to continue as a Bento Plus partner, Mess Partner reserves the right to terminate Bento Plus by giving a fifteen (15) days written notice to Bento which shall be without payment of any Termination Fee.
Mess Partner with Tablets and Bento Device (With Embedded Merchant Application):
1. Shall ensure it has a functional Tablet/Bento Device at all times in order to receive and confirm Customer Orders and provide estimates of delivery times or reject the Order through the Merchant Application;
2. may decline Orders through the Tablet/Bento Device provided however, Mess Partner shall not use alternate means (phone/emails) to connect with the Customer in parallel to take the same Orders and thereby circumventing the process;
3. Execute the Orders promptly and indicate the estimated time of delivery to process the Order delivery including updating the Order status (e.g. out for delivery etc.) through the Merchant Application.
Mess Partner with Mess Partner Device (Without Embedded Merchant Application):
1. Ensuring it has a functional Mess Partner Device at all times in order to (a) receive/reject Orders, (b) provide estimates of delivery time, (c) communicate with Service Operators through phone call and/or SMS.
2. Mess Partner may decline Customer Orders placed through the Service Operator however, Mess Partner shall not use alternate means (phone/emails) to connect with the Customer in parallel to take the same Orders and thereby circumventing the process.
Promotions
Where a Mess Partner has agreed to extend Promotions (as defined below) to Customers on Order placed at the Mess via the Platform the Mess Partner agrees to the following terms and conditions ("Promotion Terms"):
1. These Promotion Terms apply to a Mess Partner's engagement in Promotions pursuant to which the Mess Partner shall extend discounts or offers, as the case may be, to Customers on Order(s) placed with the Mess Partner via the Platform.
2. These Promotion Terms do not alter in any way, the terms or conditions of any other agreement the Mess Partner may have with Bento.
3. Unless the context otherwise requires, the capitalized terms used herein and not otherwise defined shall have the meaning assigned to them in the Terms.
4. By accepting to sign up for Promotions, the Mess Partner hereby agrees to the below:
  1. The Mess Partner hereby acknowledges and agrees that it shall determine and make available Promotions to Customers at its sole discretion.
  2. For the purpose of these Promotion Terms, "Promotions" shall mean the discounts or offers determined and made available for Customers on Orders placed with the Mess Partners via the Bento Platform. The Promotions are only valid on food ordering and delivery.
  3. The Mess Partner hereby agrees that the cost of discount under the Promotions shall be completely funded by the Mess Partner.
  4. The Mess Partner at its sole discretion shall determine the details and validity period of the Promotions.
  5. The Mess Partner acknowledges and agrees that the Promotions once determined and made available via the Bento Platform cannot be modified during the validity period of such Promotions. However, the Mess Partner may replace a Promotion with a new (modified) Promotion, after giving due notice to Bento.
  6. The Promotions during the validity period, may be suspended or revoked any time at the Mess Partner's sole discretion.
  7. The Mess Partner can have any number of Promotions running at a given time.
  8. Unless otherwise specified, the Promotions can be combined with any other offers extended by the Mess Partner or Bento or any other third party.
5. The Mess Partner hereby agrees to indemnify and hold Bento and its directors, officers, agents, representatives and employees, harmless from and against any and all claims, suits, liabilities, judgments, losses and damages arising out of or in connection with (a) any claim or suit or demand on account of Mess Partner failing to honor any Promotions; and/or (b) breach of any applicable law.
6. You hereby agree and acknowledge that Bento has no role or responsibility towards the Promotion(s) and will not be liable to the Mess Partner or the Customer for any claim relating to the Promotion(s).
7. The Promotion(s) are subject to Bento's approval. Bento reserves the right to reject or remove the Promotion(s) at any time, for reasons communicated to the Mess Partner.
8. Bento will determine, in its sole discretion, the placement, and positioning of the Promotion(s) on the Bento Platform.
9. Bento does not guarantee the reach or performance of the Promotion(s).
10. The Mess Partner is solely liable for compliance with all applicable laws relating to the Promotions.
11. The arrangement between the parties shall commence from the date of acceptance of these Promotion Terms by the Mess Partner and shall be valid and binding unless terminated in accordance with these Promotion Terms.
12. The Mess Partner may at any time opt out of Promotions without any prior notice to Bento.
13. Bento may terminate the arrangement at any time with a one (1) day prior written notice of termination to the Mess Partner.
14. Notwithstanding anything to the contrary contained herein, Bento may forthwith suspend and/or terminate the Services if the Mess Partner is in breach of these Promotion Terms and such breach has not been rectified within five (5) days of notice of breach.
15. Bento reserves the right to modify the Promotion Terms after prior notice and without liability to the Mess Partner. Any such changes will be effective immediately upon the changes being reflected on the Terms.
16. Bento reserves the right to discontinue the Promotions at its own discretion at any time, without any notice or liability to the Mess Partner if the same is necessitated due to legal or regulatory requirements. In case of occurrence of such discontinuance, the Mess Partner will be provided with adequate reasons for discontinuation of Promotions in due course.
17. Termination of these Promotion Terms shall have no effect on these Terms.
18. All the rights, duties, liabilities and obligations of the respective parties under the Terms shall form an integral part of these Promotion Terms and shall remain unaltered by these Promotion Terms.
19. Except as provided herein and varied/modified, the Terms shall continue to have full force and effect.
20. For any help or queries with regard to Promotions, you may reach out via the help center on the Merchant Application.

4. License

Mess Partner grants to Bento an unrestricted, non-exclusive, royalty-free licence in respect of all Content (defined hereinabove) and Information provided to Bento by the Mess Partner for the purposes of inclusion on the Platform and as may be otherwise required under the Form. This includes, but is not limited to, (a) use of the Mess Partner's name in the context of Google adwords to support advertising and promotional campaigns to promote food ordering and delivery on internet which may be undertaken by Bento; (b) preparation of derivative works of, or incorporate into other works, all or any portion of the marketing materials which will be made by Bento for the purposes of its business.

Any Content, information or material that the Mess Partner transmits or submits to Bento either through the Platform or otherwise shall be considered and may be treated by Bento as non-confidential, subject to Bento's obligations under relevant data protection legislation.

The Mess Partner also grants to Bento a royalty-free, perpetual, irrevocable, non-exclusive license to use, copy, modify, adapt, translate, publish and distribute world-wide any Content, information or material for the purposes of providing Services under these Terms or to or for the purposes of advertising and promotion of the Platform. The Mess Partner agrees that all Content, information or material provided to Bento that is published on the Platform, may be relied upon and viewed by Customers to enable them to make informed decisions at the pre-purchase stage.

5. Mess Partner Menu and Price List

Bento will display on the Platform the menu and price list for all of its Mess Partners. The Mess Partner agrees that Bento reserves the right to modify and delete certain items from the Mess Partner's menu list at its sole discretion, listed on the Platform, to ensure compliance with 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. Bento shall endeavour to update price lists within 48 hours of being notified of changes (in writing) by a Mess Partner. Where the Mess Partner has a unilateral right to access Mess Partner admin panel or dashboard (subject to Bento's written consent in this regard) to edit and update the Information which is displayed on the Platform by Bento, the Mess Partner should ensure that it (i) keeps such information true, accurate and updated at all times; and (ii) complies with Bento's internal terms and conditions of use in this regard and (iii) intimates to Bento about such change.
Mess Partner shall provide Bento with a separate list of all Pre-Packaged Goods which form part of the Mess Partner's menu list, to be listed on the Platform, in the format acceptable to Bento.
The Mess Partner shall ensure that the Pre-Packaged Goods listed on the Platform shall have shelf life of 30 percent or forty-five (45) days before expiry at the time of delivery to the Customers.
The Mess 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 Mess Partner acknowledges and agrees that Bento will use its best endeavours to ensure that the Platform is not misused by the Customers for the placement of erroneous/fraudulent Orders. In the event of an erroneous/fraudulent Order, the Mess Partner undertakes to report such an erroneous/fraudulent Order to Bento through the Tablet or Bento Device or call Bento for Bento's action and investigation. In this regard, Bento provides a built-in feature(s) in the Merchant Application and web dashboard access that will allow the Mess Partner to report such erroneous/fraudulent Orders.
Bento may perform a variety of marketing activities to promote the Mess Partner and the Mess Partner's menu; provided, however, that all such marketing activities will be determined in Bento's sole and absolute discretion and the Platform may be modified or updated, without notice and from time to time, to reflect any such changes.

6. Use of Bento Tablet or Bento Device

In the event Bento provides the Mess Partner with the Tablet or Bento Device, the Tablet or Bento Device shall be used by the Mess Partner solely for the purpose of (a) confirming, cancelling and accessing the Order; (b) reviewing the particulars underlying the Orders; (c) updating the Order status; (d) communicating with Bento; (e) reporting erroneous Orders; (f) availing Logistics Services and/or (g) any other use that may be prescribed in writing by Bento in this regard.
The Mess Partner undertakes to use the Tablet or Bento Device in compliance with the instructions for use that may be issued by Bento from time to time in this regard. In particular, the Mess Partner shall not remove the preloaded SIM Card from the Tablet or Bento Device and/or make/receive calls, text messages etc. using the SIM Card under any circumstances whatsoever. It is clarified that the SIM Card has been issued to Bento (in Bento's name) by a third party telecom service provider and that Bento has in turn transferred to the Mess Partner a limited right to use this SIM Card, for the duration specified in the Form, exclusively for the purposes of confirming or declining the placement of Orders.
The Mess Partner acknowledges and agrees that any unauthorized use or misuse of the SIM Card by the Mess Partner (i) shall be considered as a material breach of these Terms; and/or (ii) will render the Mess Partner liable for action under the relevant applicable laws.
On the delivery of the Tablet or Bento Device by Bento to the Mess Partner, the Mess Partner will be required to acknowledge the receipt of the Tablet or Bento Device in writing by executing an Asset Handover Form in the format annexed to the Form.
The Mess Partner acknowledges and agrees that these Terms envisage the grant of a limited, non-exclusive, non-transferable, royalty free license from Bento to the Mess Partner for the use of the Tablet or Bento Device together with the Merchant Application embedded in the Tablet or Bento Device (only during the subsistence of these Terms). The Mess Partner undertakes to and shall use the Merchant Application and the Tablet or Bento Device only for the purposes prescribed under these Terms and that the Mess Partner should not violate the intellectual property rights of Bento over and in respect of the Tablet and the Merchant Application at any point in time.
In the event the Mess Partner or its employees or representatives damage the Tablet or Bento Device or any of its accessories provided by Bento, Bento shall replace the same at additional cost to the Mess Partner and/or charge the Mess Partner for such loss.
The Mess Partner undertakes to return the Tablet or Bento Device along with the accessories (in a full working condition) to Bento immediately upon the termination of these Terms or when requested by Bento. The Tablet or Bento Device will be collected by Bento from the Mess Partner through its authorized representatives specifically designated by Bento to collect the same from the Mess Partner. The Mess Partner acknowledges and agrees that any failure on part of the Mess Partner in returning the Tablet or Bento Device (whenever requisitioned by Bento or upon the termination of these Terms) will make the Mess Partner liable to pay Bento towards such failure or appropriate action under applicable laws.
The Mess Partner acknowledges and agrees that Bento is not the manufacturer of the Tablet or Bento Device provided hereunder. Therefore, Bento cannot provide any warranties or guarantees viz-a-viz the quality, merchantability, durability of the Tablet or Bento Device. The Mess Partner acknowledges using the Tablet or Bento Device keeping the aforementioned information in mind.
The Mess Partner agrees that Bento shall be entitled to recover from the Mess Partner, all amounts towards lost and/or damaged Bento Device and/or Tablet and associated accessories provided to the Mess Partner by Bento. The Mess Partner acknowledges and agrees that Bento shall be entitled to recover:
1. For refurbished Bento Device: (i) in the event of a physical damage, Bento shall be entitled to recover the full amount of the Bento Device; (ii) for any software issue which occurs within three months from the date Bento Device is issued to the Mess Partner, Bento shall replace the same, however, for any software issue that occurs after three (3) months, Bento shall be entitled to recover the full amount of the Bento Device.
2. For new Bento Device: (i) in the event of a physical damage, Bento shall be entitled to recover the full amount of the Bento Device; (ii) for any software issue which occurs within six months from the date Bento Device is issued to the Mess Partner, Bento shall replace the same, however, for any software issue that occurs after six (6) months Bento shall be entitled to recover the full amount of the Bento Device.
3. INR 16,000/- towards lost and/or damage caused to a Tablet and INR 500/- towards lost and/or damage caused to accessories of the Tablet or Bento Device.

7. Payments Mechanism

The Mess Partner acknowledges and agrees that the Platform will provide the following payment mechanisms to the Customers for the payment of the Order Value:
1. Cash on delivery;
2. Electronic Payment Mechanism; and
3. Redemption of vouchers and/or discount coupons (if any) approved by Bento.
The Mess Partner acknowledges and agrees that Bento will provide the Mess Partner with a monthly invoice within a period of 7 (seven) days from the last date of the preceding month for the Service fee, Payment Mechanism Fee, refund charges, One Time Sign Up Fee and other amounts and charges that are payable by the Mess Partner to Bento in respect of the applicable Orders.
Invoices will be sent to the Mess Partner by email. All invoices shall be issued from the respective state registered office of Bento from where the Services are being performed by Bento in order to comply with the provisions of Goods & Services Tax (GST) laws applicable in India.
The Mess Partner acknowledges and agrees that all amounts that are payable to Bento under these Terms shall be exclusive of the applicable taxes and that all applicable taxes will be charged separately.

8. Obligations of Parties in Case of Online Payment Orders

The Mess Partner must meet all of the following requirements when it receives an online payment Order:
1. ensure that it does not receive any additional payment from a Customer (including but not limited to payment by cash) when payment has been made online by a Customer;
2. follow all special instructions contained on the Order receipt or as communicated by Service Operator; and
3. obtain a signature from the Customer acknowledging receipt of the Order when the Mess Partner undertakes delivery of the Orders independently or through third parties, other than Bento.
If the Mess Partner has not complied with the delivery instructions (as set forth in the Order receipt) or has supplied bad quality food products to the Customer, whereby Bento has (pursuant to the Customer's complaint) been constrained to refund the Order Value to the Customer ("Problem Order") in any manner, the Mess Partner acknowledges and agrees that the Mess Partner will not be paid for such Problem Order and that if the Mess Partner has already received the Order Value from Bento in respect of such Problem Order, Bento will have a right in accordance with these Terms to deduct or offset such amount from or against any monies that are owed by Bento to the Mess Partner (in respect of future Orders) under these Terms.
Mess Partner shall disclose all relevant details pertaining to Problem Order(s) with Bento, if required by Bento.
Bento will communicate promptly with its bank if it becomes aware of any fraud having been committed by a Customer.

9. Payment Settlement Process

The Mess Partner acknowledges and agrees that any Order Value which is collected by Bento for, and on behalf of, the Mess Partner in accordance with these Terms, shall be passed on by Bento to the Mess Partner subject to the deduction of the following amounts (as applicable) by Bento from such Order amount:
1. Service fee (for cash on delivery orders and online paid Orders);
2. amount of Payment Mechanism Fee due from Mess Partner;
3. amount of tax collected by Bento in case of Mess Service provided by Mess Partner through the Bento Platform; and
4. any other amount that are due to Bento under the Form or on account of other services availed by Mess Partner from Bento, to which specific consent of the Mess Partner is accorded.
The Parties acknowledge and agree that after the deduction of the aforementioned amounts, Bento shall remit the Order Value due to the Mess Partner on a weekly settlement basis (or within a period of 3 bank working days if opted for by the Mess Partner in the Form) from the date the payment of the Order Value is received by Bento. For weekly settlement of the Order Value, the Parties acknowledge and agree that after the deduction of the aforementioned amounts, Bento shall remit the Order Value due to the Mess Partner on a weekly basis after allowing reasonable time for adjustments towards Orders for which the Customers have either refused to pay or have claimed a refund, as applicable (but in accordance with the guidelines prescribed by Reserve Bank of India for payment systems and nodal account) ("Payment Settlement Day"). The Payment Settlement Day for Orders serviced from Monday to Sunday shall be on or before Thursday of the following week. If the Payment Settlement Day falls on a bank holiday it shall be the following working day.
Notwithstanding anything to the contrary contained in these Terms or the Form, the Mess Partner, on behalf of itself and all its affiliates, hereby unconditionally and irrevocably authorises Bento to set off, withhold and deduct any amounts owed by the Mess Partner or its affiliates to any Bento Group Company under any agreement, arrangement or understanding between the Bento Group Company and the Mess Partner or its affiliates, from the Net Order Value, and apply such amounts towards the dues owed by the Mess Partner or its affiliates to the Bento Group Company. Without prejudice to the other provisions of the Form or these Terms, and solely for the purposes of this Clause 9(iii), the Mess Partner hereby agrees, acknowledges and confirms that the amounts so set off, withheld and applied in the aforesaid manner shall be deemed to form part of the Service fee payable by the Mess Partner to Bento under the Form and these Terms. For purposes of the provisions of this clause 9(iii), the term Bento Group Company shall be deemed to include any of Bento's current and former, direct and indirect, subsidiaries and/or controlled affiliates as well as any successor to Bento or all or any material portion of the businesses and/or assets of Bento or any successor thereto or any of its direct and indirect, subsidiaries and/or controlled affiliates.

10. Charges

In consideration of the Services offered by Bento to the Mess Partner, the Mess Partner undertakes to pay to Bento charges including Service fee, Payment Mechanism Fee, at the rates set out in the Form.

The Mess Partner acknowledges and agrees that where Bento extends additional support services to the Mess Partner and/or Customers and incurs corresponding support costs, or where Bento issues refunds to the Customers on account of acts or omissions attributable to the Mess Partner, including but not limited to, frequent rejection or time-out of Order(s), delay in accepting or handing over the Order(s), poor quality food, missing or incorrect item, poor quality packaging, etc, as may be communicated to the Mess Partner in the periodic reports, Bento reserves the right to charge additional amount(s) as given under the Form and/or in accordance with company policies, communicated to the Mess Partner from time to time.

From time to time, Bento may change the fees for the Services, including without limitation the Service fee rates, Payment Mechanism Fee, any other charges/fees or include any additional charges/fee, with intimation to the Mess Partner seven (7) days prior to the date such change(s) or additional charges are to take effect.

11. Taxes

W.e.f. 01 January 2022, notwithstanding anything to the contrary herein, Bento is, and will be, responsible for payment and collection of taxes in connection with Customer Orders of Mess Service. Bento will collect applicable taxes from Customers on behalf of the Mess Partner in accordance with GST laws and deposit the same to the appropriate tax authorities. Taxes shall include all applicable taxes due in relation to the supply of Mess Service including pick-up and delivery services (if applicable), by the Mess Partner. Mess Partner(s) will be required to deposit relevant taxes, including tax deducted at source (TDS) on the service fee payable to Bento. However, in case where Bento withholds its Service fee before remitting the settlement dues to the Mess Partner, Bento shall refund the TDS to the Mess Partner subject to submission of the TDS certificate on a quarterly basis within sixty (60) days from the end of the quarter.

For the purpose of clarification, as per Section 9(5) of Central Goods and Services Tax Act, 2017, with effect from 1 January 2022, tax on supply of specified Mess Service supplied by Mess(es) through e-commerce platform shall be paid by such e-commerce operators.

Tax collected at source:

W.e.f. 01st October, 2018, Bento is required to collect taxes at source on Gross Sales (less applicable taxes charged by Mess(es) on Supply of Food and Beverages Items other than supply of Mess Service), at such rates as required by the applicable tax laws ("TCS"). The TCS shall be collected on the date of acceptance of Order. The Mess Partner shall be solely responsible to provide correct GSTIN details to Bento and reconcile the TCS with the tax statements provided by Bento from time to time, as required by applicable laws. Bento shall remit TCS to the respective Central Government and State Government/Union Territory and such remittance(s) shall be considered as complete fulfillment of Bento's obligations in this regard. The Mess Partner may be eligible to claim TCS credit on the basis of tax returns filed by it with the relevant government/statutory/tax authorities. Mess Partner acknowledges and agrees that in the event of any discrepancy between the tax returns/entries filed by Mess Partner and those filed by Bento, the tax returns/entries present and filed by Bento shall have a precedence over the tax returns/entries filed by Mess Partner.

Bento shall share a monthly TCS statement along with invoice with Mess Partner to report transactions undertaken during the month in its applicable returns.

Tax Deducted at Source ('TDS') u/s 393(1) of Income-tax Act, 2025 ('ITA 2025'):

Bento is required to deduct taxes at source from the amount for all Orders that are settled via Bento's Platform. TDS u/s 393(1) of the ITA 2025 shall be applied on Gross Sales (less applicable taxes charged by the Mess) at the rate as applicable and amended from time to time. Bento hereby clarifies that TDS u/s 393(1) of the ITA 2025 shall be deducted under the Payment Settlement Process set out in the Form and these Terms.

The Mess Partner shall be solely responsible to provide correct PAN details to Bento and reconcile the income tax deducted with the order transaction report and certificates provided by Bento from time to time. Bento shall remit income tax deducted to the respective Government account and report against the PAN as available on Bento records. Such remittance(s) and reporting shall be considered as complete fulfilment of Bento's obligations in this regard.

Bento will share a quarterly TDS certificate with Mess Partner as per applicable tax law. The Mess Partner may be eligible to claim credit of the income tax deducted on the basis of tax returns filed by it with the relevant government tax authorities. Mess Partner acknowledges and agrees that it is the Mess Partner's responsibility to reconcile and claim correct credit for the income tax deducted for which the Mess Partner may be eligible as per the applicable laws. Mess Partner also agrees that in the event of any discrepancy between the returns filed by the Mess Partner and those filed by Bento, the amount reported by Bento shall have a precedence over the tax returns filed by the Mess Partner.

Any discrepancy identified at the time of reconciliation by the Mess Partner should be brought to the attention of Bento within a period of fifteen (15) days from the date of receipt of TDS Certificate. Any delay on this account will relieve Bento of any obligation to undertake a corrective action to resolve the discrepancy. Under no circumstances, Bento shall entertain any discrepancy in the reported value after 31st July of the year following the financial year to which the transactions were undertaken and reported.

Mess Partner agrees and acknowledges that Bento shall not be held liable in any manner in the event the Mess Partner does not receive the benefit of income tax deducted due to incorrect particulars provided by the Mess Partner to Bento.

12. Confidentiality

Other than for provision of Service(s) by Bento, Bento does not share any other information of the Mess Partner with third parties unless requisitioned by government authorities.
Other than for the purpose of availing Service(s) from Bento, the Mess Partner must not disclose any confidential information about Bento, including but not limited to these Terms, its business strategies, pricing, revenues, expenses, Customer Data, and Order information to third parties.

13. Warranty and Indemnity

Mess Partner warrants that if the Mess Partner ceases to do business, closes operations for a material term or is otherwise unable to offer services to Customers it will inform Bento promptly. Where the Mess Partner neglects to do so, whether by omission or fault, Bento will not be held responsible for any liabilities, whether financial or otherwise.
Mess Partner warrants that it will not offer for sale any potentially hazardous food, alcoholic beverage, tobacco product, or any other item prohibited by law.
Bento warrants that it will undertake its obligations with reasonable skill and care.
Bento does not guarantee or warrant that the Platform, Application, Tablet, Bento Device, software, hardware or services will be free from defects or malfunctions. If errors occur, it will use its best endeavours to resolve these as quickly as possible.
Mess Partner warrants that it complies and will remain compliant with the Food Safety and Standards Act, 2006, Legal Metrology Act, 2009 and the applicable rules and regulations made thereunder and any other requirements or applicable law in the relevant State or Territory and all other applicable legislation, regulations or standards.
Mess Partner warrants to procure and keep valid during the subsistence of these Terms, all requisite licenses and/or registrations thereunder and provide copy of such licenses and/or registrations to Bento prior to availing the Services.
The Mess Partner agrees to indemnify and hold Bento (and its directors, officers, agents, representatives and employees) harmless from and against any and all claims, suits, liabilities, judgments, losses and damages arising out of or in connection with any claim or suit or demand:
1. by a Customer (or any party on whose behalf a Customer has been acting), for reasons not attributable to the Service;
2. by a Customer (or any party on whose behalf a Customer has been acting) or any third party in respect of, arising out of or relating to the Content, Information or material provided by the Mess Partner to Bento, to be listed on the Platform;
3. in respect of, arising out of, or in connection with, Mess Services (or any other services actually or purportedly offered in respect of or connected to the Mess Services) and delivery of such Mess Services when undertaken by the Mess Partner;
4. in respect of or connected to the collection or payment of applicable taxes in any way connected to these Terms or any matter or goods or services under or arising from it;
5. in respect of quality of the Mess Services provided by the Mess Partner;
6. in respect of the warranties provided by the Mess Partner in Clause 13 (Warranty and Indemnity) hereto;
7. relating to harm caused by the Mess Partner supplying any unsafe Mess Services, any product failure, defect or hazard in any Mess Services supplied or sold by the Mess Partner or inadequate instructions or warnings provided to Customers pertaining to any hazards arising from or associated with the use of any Mess Services supplied or sold by the Mess Partner;
8. brought either by Bento and/or third party on account of misuse, abuse, cheating, fraud, misrepresentation carried out by the Mess Partner;
9. in respect of, arising out of or in connection with any use of the Customer Data, not in accordance with the Terms and/or the applicable law;
10. for any misleading or incorrect or false, information or data provided by the Mess Partner;
11. misuse and/or unauthorized or fraudulent use of SIM card provided along with Bento Tablet/Bento Device;
12. damage or loss to the Tablet/Bento Device.
The Mess Partner acknowledges that it supplies certain rights to Bento to enable Bento to provide services to the Customer. Bento will not be liable for any applicable taxes liability in respect of Supply of Foods and Beverages Items other than Mess Service by Mess Partner to Customers and the Mess Partner hereby indemnifies Bento against any applicable taxes it may become liable for arising out of such transactions.

14. Customer Data

The Mess Partner agrees that the Mess Partner will only use the Customer Data in fulfilling the applicable Customer Order and in complying with the Mess Partner's obligations in this Form, and the Mess Partner agrees that Customer Data will not be used to enhance any file or list of the Mess Partner or any third party. The Mess Partner represents, warrants, and covenants that it will not resell, broker or otherwise disclose any Customer Data to any third party, in whole or in part, for any purpose whatsoever. The Mess Partner agrees it shall not use the Customer Data for sending any unsolicited marketing message, announcements and for feedback purposes, and shall be solely liable to ensure that any third party with whom Customer Data is shared complies with the restrictions set forth herein. The Mess Partner agrees that it will not copy or otherwise reproduce any Customer Data other than for the purpose of fulfilling the applicable Customer Order. The Mess Partner (and any other persons to whom the Mess Partner provides any Customer Data) will implement and comply with reasonable security measures in protecting, handling, and securing the Customer Data. If any Customer Data is collected by the Mess Partner (or otherwise on its behalf), the Mess Partner shall ensure that it (and any applicable third parties) adopt, post, and process the Customer Data in conformity with an appropriate and customary privacy policy. For purposes of this Form, the restrictions set forth herein on the Mess Partner's use of Customer Data do not apply to: (a) data from any Customer who was a customer of Mess Partner prior to the Mess Partner using the Platform or the Bento Services, but only with respect to data that was so previously provided to the Mess Partner by such Customer; or (b) data supplied by a customer directly to the Mess Partner who becomes a customer of the Mess Partner and who explicitly opts in to receive communications from the Mess Partner for the purposes for which such Customer Data will be used by Mess Partner; and, provided in all cases, that the Mess Partner handles and uses such Customer Data in compliance with applicable Laws and the Mess Partner's posted privacy policy.

15. Term and Termination

The arrangement between parties shall start on the Execution Date and unless terminated earlier under this clause shall continue indefinitely. Either Party may terminate the arrangement, with or without cause, at any time upon seven (7) days prior written notice to the other party.

Bento may terminate the arrangement or suspend the Services of the Mess Partner with immediate effect if:

the Mess Partner fails to conduct its business in accordance with these Terms and/or in accordance with the information given to Bento, such as Mess Partner proprietary rights, opening hours, delivery areas, delivery conditions, nature of food served or prices;
the user experience for the Mess Partner is not found satisfactory as per the Bento standards;
for a continuous period of 14 days, the Mess Partner fails to deliver Order(s) which are not fraudulent or unintentional;
upon the happening of any of the insolvency events such as bankruptcy, appointment of receiver, administrator, liquidator, winding up, dissolution;
Bento identifies any fraudulent or suspicious activity on the Mess Partner's account;
the Mess Partner fails to comply with Applicable Law and/or these Terms; and/or
in case Bento conducts any investigation to ensure Mess Partner's compliance with the Applicable Law and/or these Terms.

Parties may terminate their arrangement with immediate effect by notice in writing to the other party if the other party commits a material breach, which, in the case of a material breach capable of remedy, is not remedied within 14 days after written notice is given to the breaching party, specifying the default. Termination of the arrangement: (a) in accordance with its Terms, shall not affect the accrued rights or liabilities of the parties at the date of termination; and (b) shall have no effect on: (i) the validity of Services already issued to Customers; or (ii) Mess Partner's obligations to pay for Services availed in accordance with this Agreement.

Bento, at its sole discretion, reserves the right to suspend and/or terminate the Services immediately with a prior notice to the Mess Partner on account of any alleged or threatened or actual (a) suspicious activity; and/or (b) breach of any intellectual property right of Bento or any third party by the Mess Partner; and/or (c) any false misrepresentation by the Mess Partner; and/or (d) fraudulent activity. The Mess Partner hereby agrees and acknowledges that in addition to the aforementioned right to terminate and/or suspend the Services, Bento shall also have the right to withhold, set off and deduct any payments that may be due to the Mess Partner from Bento. Without prejudice to the other provisions of the Form or these Terms, and solely for the purposes of this Clause, the Mess Partner hereby agrees, acknowledges and confirms that the amounts so set off, withheld and applied in the aforesaid manner shall be deemed to form part of the Service fee payable by the Mess Partner to Bento under the Form and these Terms.

16. Notice Requirements

Factors that prevent you from fulfilling your obligations towards Bento or Customers should promptly be reported to Bento by contacting the account manager appointed by Bento or by writing an email to priority@bentoapp.in.

17. Disclaimers

To the fullest extent permitted by law, Bento and its affiliates, and each of their respective officers, directors, members, employees, and agents disclaim all warranties, express or implied, in connection with this Form, the Platform and the Bento services and any use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Bento makes no warranties or representations about the accuracy or completeness of the content and data on the Platform or the Bento services' content or the content of any other websites linked to the website, and assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content and materials; (b) personal injury or property damage, of any nature whatsoever, resulting from the Mess Partner's access to and use of the Platform and the Bento services; (c) any unauthorized access to or use of Bento's servers and/or any and all personal information and/or financial information stored therein; (d) any interruption or cessation of transmission to or from the website or otherwise with respect to the Bento services; (e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website or the Bento services by any third party; and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the website or the Bento Services.

18. Limitation of Liability

For the purposes of this clause, "Liability" means liability in or for breach of contract, negligence, misrepresentation, tortious claim, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Form, including liability expressly provided for under this Form or arising by reason of the invalidity or unenforceability of any term of this Form. Bento does not exclude or limit Liability for any Liability that cannot be excluded by law. Subject to the preceding sentence, Bento shall not be under any Liability for loss of actual or anticipated profits, loss of goodwill, loss of business, loss of revenue or of the use of money, loss of contracts, loss of anticipated savings, loss of data and/or undertaking the restoration of data, fraudulent Orders, any special, indirect or consequential loss, and such liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of any doubt, this clause shall apply whether such damage or loss is direct, indirect, consequential or otherwise. Although Bento will use its best endeavours to ensure that unintentional operational errors do not occur, Bento cannot provide any warranty or guarantee in this regard. Notwithstanding anything to the contrary herein set out, Bento's aggregate liability under this Form shall not exceed the total value of the Order under which the claim arose.

19. Miscellaneous

Governing Law and Dispute Resolution: This Form shall be governed by the Laws of India, for the time being in force and the courts of New Delhi shall have the exclusive jurisdiction to preside over matters arising hereunder. Parties shall first endeavour to resolve their disputes amicably within fifteen (15) days from the date on which the dispute was first notified. Failing which, the dispute shall be referred to court.
Waiver: The failure of either party to assert any of its rights under the Form, including, but not limited to, the right to terminate the Form in the event of breach or default by the other party, will not be deemed to constitute a waiver by that party of its right thereafter to enforce each and every provision of the Form in accordance with these Terms.
Invalidity or unenforceability of any provision of or right arising pursuant to these Terms shall not adversely affect the validity or enforceability of the remaining obligations or provisions.
No third party rights: No term of this Form shall be enforceable by a third party.
No assignment: The Mess Partner must not assign, transfer, charge or otherwise encumber, create any trust over or deal in any manner with this Form or any right, benefit or interest under it, nor transfer, novate or sub-contract any of the Mess Partner's obligations under it.
Independent contractors: The Form does not create any agency, employment, partnership, joint venture, or other joint relationship. Bento and the Mess Partner are independent contractors and neither has any authority to bind the other.
Change of control: The Mess Partner acknowledges that the business and assets of Bento may be sold in the future and consents to the transfer or disclosure of its personal Information and this Form to any purchaser of the business of Bento or its assets if that outcome occurs.
Acceptance to Bento's Privacy Policy: By signing the Form, the Mess Partner acknowledges and agrees to be bound by Bento's privacy policy. Mess Partner will immediately notify Bento if it becomes aware of or suspects any unauthorized use or access to the user data or any other Confidential Information of Bento, and shall co-operate with Bento in investigation of such breach and the mitigation of any damage.

20. Modification

Bento may modify these Terms from time to time, and any such changes will (i) be reflected on the Website, and (ii) be effective immediately upon the changes being reflected on the Platform. The Mess Partner agrees to be bound to any such changes or modifications and understands and accepts the importance of regularly reviewing these Terms as updated on the Platform.

Further, in the event Bento upgrades, modifies or replaces the Services ("Service Modifications") offered to the Mess Partner, Bento will notify the Mess Partner prior to making the same and give the Mess Partner the opportunity to review and comment on the Service Modifications before continuing to use the Service or any alternative service offered by Bento. The Service Modifications will also be reflected on the Platform. If the Mess Partner continues to use the Service or any alternate service offered by Bento, following any notice of the Service Modifications, it shall constitute the Mess Partner's acceptance of such Service Modifications.

21. Contact Us

For any queries regarding these Terms, please contact us at:

Email: legal@bentoapp.in
Address: Bento Eats LLP, Pune, Maharashtra, India – 411001

Last updated on June 11, 2025