Terms of Service
Last Updated: June 11, 2026
I. Acceptance of Terms
Thank you for using Bento. These Terms of Service (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Bento website at www.bentoapp.in (the "Site") and any related mobile or software applications ("Bento Platform") including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the "Services").
These Terms are effective for all existing and future Bento customers, including but without limitation to users having access to 'mess business page' to manage their claimed business listings.
Please read these Terms carefully. By accessing or using the Bento Platform, you are agreeing to these Terms and concluding a legally binding contract with Bento Eats LLP and/or its affiliates (hereinafter collectively referred to as "Bento"). You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Bento Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.
In order to use the Services, you must first agree to the Terms. You can accept the Terms by:
- Clicking to accept or agree to the Terms, where it is made available to you by Bento in the user interface for any particular Service; or
- Actually using the Services. In this case, you understand and agree that Bento will treat your use of the Services as acceptance of the Terms from that point onwards.
II. Definitions
Customer
"Customer" or "You" or "Your" refers to you, as a customer of the Services. A customer is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services including without limitation a user having access to 'mess business page' to manage claimed business listings or otherwise.
Content
"Content" will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. "Your content" or "Customer Content" means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, chat communication, profile information, or any other materials that you publicly display or displayed in your account profile. "Bento Content" means content that Bento creates and makes available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content. "Third Party Content" means content that comes from parties other than Bento or its Customers, such as Mess Partners and is available on the Services.
Mess(es) / Mess Partner(s)
"Mess" / "Mess Partner" means the mess establishments listed on the Bento Platform.
III. Eligibility to Use the Services
You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
Compliance with Laws. You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).
IV. Changes to the Terms
Bento may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of Bento Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.
V. Translation of the Terms
Bento may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with Bento. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail over others.
VI. Provision of the Services Being Offered by Bento
Bento is constantly evolving in order to provide the best possible experience and information to its Customers. You acknowledge and agree that the form and nature of the Services which Bento provides, may require affecting certain changes in it, therefore, Bento reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.
We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
You acknowledge and agree that if Bento disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
You acknowledge and agree that while Bento may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, Bento may set such fixed upper limits at any time, at Bento's discretion.
In our effort to continuously improve the Bento Platform and Services, we undertake research and conduct experiments from time to time on various aspects of the Services and offerings, including our apps, websites, user interface and promotional campaigns. As a result, some Customers may experience features differently than others at any given time. This is for making the Bento Platform better, more convenient and easy to use, improving Customer experience, enhancing the safety and security of our services and offerings and developing new services and features.
By using Bento's Services you agree to the following disclaimers:
- The Content on these Services is for informational purposes only. Bento disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Bento reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Bento does not guarantee the quality of the food products, the prices listed in menus or the availability of all menu items at any Mess/Merchant. Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to Bento. Please email a takedown request (by using the "Contact Us" link on the home page) to the webmaster if you are the copyright owner of any Content on these Services and you think the use of the above material violates your copyright in any way. Please indicate the exact URL of the webpage in your request. All images shown here have been digitized by Bento. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Bento.
- Any certification, licenses or permits ("Certification") or information in regard to such Certification that may be displayed on the Mess's listing page on the Bento Platform is for informational purposes only. Such Certification is displayed by Bento on an 'as available' basis that is provided to Bento by the Mess Partner(s)/Merchant(s). Bento does not make any warranties about the validity, authenticity, reliability and accuracy of such Certification or any information displayed in this regard. Any reliance by a Customer upon the Certification or information thereto shall be strictly at such Customer's own risk and Bento in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity or discrepancy in the Certification or non-compliance of any applicable local laws or regulations by the Mess Partner/Merchant.
- Bento reserves the right to charge a subscription and/or membership fee in respect of any of its product or service, fee for providing Platform Services (platform charges/fee) to Customer(s) and/or any other charge or fee on a per order level from Customers, in respect of any of its product or service on the Bento Platform anytime in future. 'Platform Services' entails usage of the Bento Platform by the Customer(s) which, inter alia involves access to menus of various Mess Partners listed on the Bento Platform, facilitating order placement with the Mess Partners, facilitating delivery of the food ordered from Mess Partners, live tracking of orders on the Bento Platform, customer support in case of any concerns with respect to the orders placed through the Bento Platform.
Bento may from time to time introduce referral and/or incentive based programs for its Customers ("Program"). These Program(s) may be governed by their respective terms and conditions. By participating in the Program, Customers are bound by the Program terms and conditions as well as the Bento Platform terms. Further, Bento reserves the right to terminate/suspend the Customer's account and/or credits/points earned and/or participation of the Customer in the Program if Bento determines in its sole discretion that the Customer has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or Bento Platform terms or has engaged in activities which are fraudulent/unlawful in nature. Furthermore, Bento reserves the right to modify, cancel and discontinue its Program without notice to the Customer.
Bento may from time to time offer to the Customers credits, promo codes, vouchers or any other form of cashback that Bento may decide at its discretion. Bento reserves the right to modify, convert, cancel and/or discontinue such credits, promo codes or vouchers, as it may deem fit.
VII. Use of Services by You or Customer
1. Bento Customer Account
- You must create an account in order to use some of the features offered by the Services, including without limitation to 'claim your business listing' on the Services. Use of any personal information you provide to us during the account creation process is governed by our Privacy Policy. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account.
- You may also be able to register to use the Services by logging into your account with your credentials from certain third party social networking sites (e.g., Facebook). You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions.
- In creating an account and/or claiming your business' listing, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. If you are creating an account or claiming a business listing, then you represent to us that you are the owner or authorized agent of such business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or business listings except as otherwise authorized by us, or provide or use false information to obtain access to a business' listing on the Services that you are not legally entitled to claim. You acknowledge that any false claiming of a business listing may cause Bento or third parties to incur substantial economic damages and losses for which you may be held liable and accountable.
- You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your Bento account for any purpose and that you will be liable for such unauthorized access.
- By creating an account, you agree to receive certain communications in connection with Bento Platform or Services. For example, you might receive comments from other Customers or other Customers may follow the activity to do on your account. You can opt-out or manage your preferences regarding non-essential communications through account settings.
2. Other Terms
- In order to connect you to certain mess partners, we provide value added telephony services through our phone lines, which are displayed on the specific mess listing page on the Bento Platform, which connect directly to mess partners' phone lines. We record all information regarding this call including the voice recording of the conversation between you and the mess partner (for internal billing tracking purposes and customer service improvement). If you do not wish that your information be recorded in such a manner, please do not use the telephone services provided by Bento. You explicitly agree and permit Bento to record all this information when you avail the telephony services through the Bento provided phone lines on the Bento Platform.
- You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
- You agree to use the data owned by Bento (as available on the Services or through any other means like API etc.) only for personal use/purposes and not for any commercial use (other than in accordance with 'Claim Your Business Listing' access) unless agreed to by/with Bento in writing.
- You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by Bento, unless you have been specifically allowed to do so, by way of a separate agreement with Bento. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
- You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You shall not delete or revise any material or information posted by any other Customer(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
VIII. Content
1. Ownership of Bento Content and Proprietary Rights
- We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Services and Bento Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by Bento and that you shall not disclose such information without Bento's prior written consent.
- You agree to protect Bento's proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others' contractual, statutory, and common law rights in the Services. You acknowledge and agree that Bento (or Bento's licensors) own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by Bento and that you shall not disclose such information without Bento's prior written consent. Unless you have agreed otherwise in writing with Bento, nothing in the Terms gives you a right to use any of Bento's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
- You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Bento; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, colour, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of Bento's Content in whole or in part except as expressly authorized by Bento.
- To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright, trademark, or other contractual, intellectual, statutory, or common law rights.
2. Your License to Bento Content
- We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Bento Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, Bento Content or our IP Rights.
- Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.
3. Bento License to Your or Customer Content
In consideration of availing the Services on the Bento Platform and by submitting Your Content, you hereby irrevocably grant Bento a perpetual, irrevocable, world-wide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use Your Content and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future. By "use" we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyze, promote, commercialize, create derivative works, and in the case of third party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against Bento or its Customers, any third party services and their users.
4. Representations Regarding Your or Customer Content
- You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your Content by us, third party services, and our and any third party users will not violate or infringe any rights of yours or any third party; Your Content is truthful and accurate; and Your Content does not violate the Guidelines and Policies or any applicable laws.
- If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual dining experience that you had; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion.
- You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. While we reserve the right to remove Content, we do not control actions or Content posted by our Customers and do not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that Content posted by Customers and any and all liability arising from such Content is the sole responsibility of the Customer who posted the content, and not Bento.
- By using our services, you agree that for any Content you upload, you will accurately and truthfully declare whether it is a Synthetically Generated Information when prompted. Providing a false or misleading declaration is a material breach of these terms. 'Synthetically Generated Information' shall mean any audio Content that is artificially or algorithmically created, generated, or altered to the extent that it could be perceived as a natural human voice or real-world sound.
5. Content Removal
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Customers in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances. Further, the Mess Partner reserves the right to delete any images and pictures forming part of Customer Content, from such Mess Partner's listing page at its sole discretion.
6. Third Party Content and Links
- Some of the content available through the Services may include or link to materials that belong to third parties, such as third party reservation services or food delivery/ordering or dining out. Please note that your use of such third party services will be governed by the terms of service and privacy policy applicable to the corresponding third party. We may obtain business addresses, phone numbers, and other contact information from third party vendors who obtain their data from public sources.
- We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services. We do not screen or investigate third party material before or after including it on our Services.
- We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and agree that Bento is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
- Third party content, including content posted by our Customers or Mess Partners, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content.
- You further acknowledge and agree that Bento is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
7. Customer Reviews
- Customer reviews or ratings for Mess Partners do not reflect the opinion of Bento. Bento receives multiple reviews or ratings for Mess Partners by Customers, which reflect the opinions of the Customers. It is pertinent to state that each and every review posted on Bento is the personal opinion of the Customer/reviewer only. Bento is a neutral platform, which solely provides a means of communication between Customers/reviewers including Customers or mess owners/representatives with access to mess business page. The advertisements published on the Bento Platform are independent of the reviews received by such advertisers.
- We are a neutral platform and we don't arbitrate disputes, however in case someone writes a review that the mess partner does not consider to be true, the best option for the mess representative would be to contact the reviewer or post a public response in order to clear up any misunderstandings. If the Mess Partner believes that any particular Customer's review violates any of Bento's policies, the mess partner may write to us at neutrality@bentoapp.in and bring such violation to our attention. Bento may remove the review in its sole discretion if the review is in violation of the Terms, or content guidelines and policies or otherwise harmful to the Services.
IX. Content Guidelines and Privacy Policy
1. Content Guidelines
You represent that you have read, understood and agreed to our Guidelines and Policies related to Content.
2. Privacy Policy
You represent that you have read, understood and agreed to our Privacy Policy. Please note that we may disclose information about you to third parties or government authorities if we believe that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process/notice served on us; or (iv) protect our rights, reputation, and property, or that of our Customers, affiliates, or the general public.
X. Restrictions on Use
Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including review) or engage in any activity that, in our sole discretion:
- Violate our Guidelines and Policies;
- Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libellous, hateful or otherwise objectionable, invasive of another's privacy, relating or encouraging money laundering or gambling;
- Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing;
- Contains material that violates the standards of good taste or the standards of the Services;
- Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
- Accuses others of illegal activity, or describes physical confrontations;
- Alleges any matter related to health code violations requiring healthcare department reporting;
- Is illegal, or violates any federal, state, or local law or regulation;
- Attempts to impersonate another person or entity;
- Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretences; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;
- Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
- Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;
- Asserts or implies that Your Content is in any way sponsored or endorsed by us;
- Contains material that is not in English or, in the case of products or services provided in foreign languages, the language relevant to such products or services;
- Falsely states, misrepresents, or conceals your affiliation with another person or entity;
- Accesses or uses the account of another customer without permission;
- Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
- Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
- "Hacks" or accesses without permission our proprietary or confidential records, records of another Customer, or those of anyone else;
- Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
- Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services;
- Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;
- Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;
- Collects, accesses, or stores personal information about other Customers of the Services;
- Is posted by a bot;
- Harms minors in any way;
- Threatens the unity, integrity, defense, security or sovereignty of India or of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercializes any rights to the Services or Our Content; or
- Attempts to do any of the foregoing;
- Is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
You are strictly prohibited from using our services to create, host, or share any 'Synthetically Generated Information' that:
- Violates applicable laws, including the Bharatiya Nyaya Sanhita, 2023, and the Protection of Children from Sexual Offences Act, 2012;
- Contains child sexual abuse material, non-consensual intimate imagery, or is obscene, pornographic, or invasive of another's privacy;
- Results in the creation of a false document or electronic record; and
- Falsely depicts or portrays a real person or event in a manner likely to deceive others about their identity, actions, or statements.
You acknowledge that Bento has no obligation to monitor your – or anyone else's – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body.
You hereby agree and assure Bento that the Bento Platform/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal State or local government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation.
You hereby agree and assure that while communicating on the Bento Platform including but not limited to giving cooking instructions to the Mess Partners, communicating with our support agents on chat support or with the Delivery Partners, through any medium, you shall not use abusive and derogatory language and/or post any objectionable information that is unlawful, threatening, defamatory, or obscene. In the event you use abusive language and/or post objectionable information, Bento reserves the right to suspend the chat support service and/or block your access and usage of the Bento Platform, at any time with or without any notice.
Any Content uploaded by you, shall be subject to relevant laws of India and of the country of use and may be disabled, or may be subject to investigation under applicable laws. Further, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Bento Platform, Bento shall have the right to immediately block your access and usage of the Bento Platform and Bento shall have the right to remove any non-compliant content and or comment forthwith, uploaded by you and shall further have the right to take appropriate recourse to such remedies as would be available to it under various statutes.
You acknowledge and agree that we have the right to:
- Deploy technical measures to verify the accuracy of your declarations, and/or apply a permanent label or audio disclosure to any Content verified as Synthetically Generated Information;
- Immediately remove Content or disable access and suspend or terminate your account without prior notice for any violation; and
- Disclose your identity and user details to the complainant in cases where the complainant is a victim (or acting on behalf of a victim) of unlawful Synthetically Generated Information created or shared by you, as required by applicable laws.
XI. Customer Feedback
If you share or send any ideas, suggestions, changes or documents regarding Bento's existing business ("Feedback"), you agree that (i) your Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) Bento is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis, (iii) Bento may have already received similar Feedback from some other Customer or it may be under consideration or in development, and (iv) by providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive, against Bento and its Customers any claims/assertions, whatsoever of any nature, with regard to such Feedback.
Please provide only specific Feedback on Bento's existing products or marketing strategies; do not include any ideas that Bento's policy will not permit it to accept or consider.
Notwithstanding the abovementioned clause, Bento or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works ("Submissions") in any form to Bento or any of its employees.
The purpose of this policy is to avoid potential misunderstandings or disputes when Bento's products or marketing strategies might seem similar to ideas submitted to Bento. If, despite our request to not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your Submissions.
Terms of Idea Submission: You agree that: (1) your Submissions and their Contents will automatically become the property of Bento, without any compensation to you; (2) Bento may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Bento to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
XII. Advertising
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Bento on the Services are subject to change without specific notice to you. In consideration for Bento granting you access to and use of the Services, you agree that Bento may place such advertising on the Services.
Part of the site may contain advertising information or promotional material or other material submitted to Bento by third parties or Customers. Responsibility for ensuring that material submitted for inclusion on the Bento Platform or mobile apps complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Bento found on or through the Bento Platform and/or mobile apps, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. Bento will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the Bento Platform and mobile application.
For any information related to a charitable campaign ("Charitable Campaign") sent to Customers and/or displayed on the Bento Platform where Customers have an option to donate money by way of (a) payment on a third party website; or (b) depositing funds to a third party bank account, Bento is not involved in any manner in the collection or utilization of funds collected pursuant to the Charitable Campaign. Bento does not accept any responsibility or liability for the accuracy, completeness, legality or reliability of any information related to the Charitable Campaign. Information related to the Charitable Campaign is displayed for informational purposes only and Customers are advised to do an independent verification before taking any action in this regard.
XIII. Additional Terms and Conditions for Customers Using the Services Offered by Bento
1. Food Ordering and Delivery
- Bento provides food ordering and delivery services by entering into contractual arrangements with mess partners ("Mess Partners") on a principal-to-principal basis for the purpose of listing their menu items or products for food ordering and delivery by the Customers on the Bento Platform.
- The Customers can access the menu items or products listed on the Bento Platform and place orders against the Mess Partner(s) through Bento.
- Your request to order food and beverages or products from a Mess Partner page on the Bento Platform shall constitute an unconditional and irrevocable authorization issued in favour of Bento to place orders for food and beverages or products against the Mess Partner(s) on your behalf.
- Delivery of an order placed by you through the Bento Platform may either be undertaken directly by the Mess Partner against whom you have placed an order, or facilitated by Bento through a third-party who may be available to provide delivery services to you ("Delivery Partners"). In both these cases, Bento is merely acting as an intermediary between you and the Delivery Partners, or you and the Mess Partner, as the case may be.
- The acceptance by a Delivery Partner of undertaking delivery of your order shall constitute a contract of service under the Consumer Protection Act, 2019 or any successor legislations, between you and the Delivery Partner, to which Bento is not a party under any applicable law. It is clarified that Bento does not provide any delivery or logistics services and only enables the delivery of food and beverages or products ordered by the Customers through the Bento Platform by connecting the Customers with the Delivery Partners or the Mess Partners, as the case may be. Bento shall not be liable for any acts or omissions on part of the Delivery Partner including deficiency in service, wrong delivery of order, time taken to deliver the order, order package tampering, etc.
- Where Bento is facilitating delivery of an order placed by you on the Bento Platform, there may be a chance that your order is grouped or batched with another order.
- You may be charged a delivery fee (plus applicable taxes) for delivery of your order by the Delivery Partner or the Mess Partner, as the Delivery Partner or the Mess Partner may determine ("Delivery Charges"). You agree that Bento is authorized to collect, on behalf of the Mess Partner or the Delivery Partner, the Delivery Charges for the delivery service provided by the Mess Partner or the Delivery Partner, as the case may be. The Delivery Charges may vary from order to order, which may be determined on multiple factors which shall include but not be limited to Mess Partner, order value, distance, time of the day. Bento will inform you of the Delivery Charges that may apply to you, provided you will be responsible for Delivery Charges incurred for your order regardless of your awareness of such Delivery Charges.
- In addition to the Delivery Charges, you may also be charged an amount towards delivery surge (plus applicable taxes) for delivery of your order facilitated by the Delivery Partner or the Mess Partner, which is determined on the basis of various factors including but not limited to 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 ("Delivery Surge"). You agree that Bento is authorized to collect, on behalf of the Mess Partner or the Delivery Partner, the Delivery Surge for the delivery service provided by the Mess Partner or the Delivery Partner, as the case may be. The Delivery Surge may vary from order to order, which may be determined on multiple factors which shall include but not be limited to Mess Partner, order value, distance, demand during peak hours. Bento will use reasonable efforts to inform you of the Delivery Surge that may apply to you, provided you will be responsible for the Delivery Surge incurred for your order regardless of your awareness of such Delivery Surge.
- In respect of the order placed by you, Bento shall issue documents like order summary, tax invoices, etc. as per the applicable legal regulations and common business practices.
- You are expected to respect the dignity and diversity of Delivery Partners and accordingly you agree to not discriminate against any Delivery Partner on the basis of Discrimination Characteristics (as defined below). You are also expected to enable provision of a secure and fearless gig/platform work environment for the delivery partners including prevention and deterrence of harassment (including sexual harassment) towards Delivery Partners.
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.
A. Food Ordering and Delivery with Mess Partners
- All prices listed on the Bento Platform are provided by the Mess Partner, including packaging or handling charges, if any, at the time of publication on the Bento Platform and the same are displayed by Bento as received from the Mess Partner. While we take great care to keep them up to date, the final price charged to you by the Mess Partner, including the packaging and handling charges may change at the time of delivery. In the event of a conflict between price on the Bento Platform and price charged by the Mess Partner, the price charged by the Mess Partner shall be deemed to be the correct price except Delivery Charge of Bento.
- On Time Promise: Orders placed at select Mess Partners may have this service available. When enabled, Bento uses its technology platform to allocate a suitable delivery partner, who provides the service, in such a way that it minimises delays in orders. However, you acknowledge that such services are facilitated by the Delivery Partner on a best effort basis; hence should your order fail to reach you on or prior to the On Time Promise Time, you would be eligible to claim and receive a coupon equivalent to INR 100 ("Coupon"). The validity period of the Coupon would be three (3) days from generation, post which the Coupon will expire. Notwithstanding anything set out herein above, you shall not be eligible to receive the Coupon if:
- Delay on the On Time Promise Time is for unforeseen reasons e.g. strikes, natural disaster, Mess Partner's inability to provide the Order.
- You change, edit, modify or cancel such Order or do any such act that has the effect of changing, editing or modifying such order including but not limited to adding or changing the items ordered, receiving delivery at a location other than the one indicated at the time of placing of the order etc.
- You indulge in actions intended to delay the order including but not limited to asking the Delivery Partner to delay the Order, becoming unresponsive on call etc.
- The order is a bulk order (as per Bento's standard order size).
- The order is cancelled due to any reason.
"On Time Promise Time" shall mean the Promised Delivery Time, which starts when the order is accepted by the Mess Partner. The actual delivery time will be counted as the period between the Mess Partner accepting the order and the Delivery Partner reaching within 100 metre radius from your location or first barrier point (security guard/reception etc.) whichever is earlier. "Coupon" shall mean a one-time code generated by Bento for delay in On Time Promise Time to be used as per applicable conditions. - Bento Plus for Food Ordering and Delivery: Bento Plus members in India can avail Discounts extended by Partner Mess Partners on home delivery. Please refer to the terms and conditions applicable to Bento Plus.
- Bento Gift
- You may place an order with a Mess Partner to be delivered to someone else, your loved ones (may or may not be a Bento customer) ("Gift Recipient") as a gift ("Gift Order").
- To place a Gift Order, you will be required to provide the Gift Recipient's contact details, such as name, phone number, address or any other information that may be reasonably required ("Contact Information") to enable the Mess Partner, Delivery Partner deliver the Gift Order.
- By availing Bento Gift feature, you warrant and represent that you have obtained the Gift Recipient's consent to provide Bento with the Contact Information. You hereby further warrant and represent to indemnify and hold Bento, its directors, employees, affiliates and subsidiaries and their respective directors, employees, harmless against any claims or disputes initiated by the Gift Recipient whose Contact Information was provided by you for the purpose of placing the Gift Order.
- By placing a Gift Order, you hereby irrevocably undertake to be responsible for any refusal made by the Gift Recipient or for any prejudice suffered by the latter or Bento.
- In case the Gift Recipient is non-contactable, the Mess Partner, Delivery Partner or we may contact you for further assistance.
- You may send a message with the Gift Order which we will endeavour to deliver; however sometimes, the message can't be sent.
- You will not be charged any additional payment for Gift Order. All charges will be in a similar manner as for a regular placed online order.
- In the event the Gift Recipient wishes to raise any issue with regard to the Gift Order, they can do so by requesting you to do it or via the chat support on the Bento Platform or write to us at order@bentoapp.in.
- Any refund on the Gift Order shall be provided to the sender and the Gift Recipient shall not receive any benefit.
- You explicitly and unambiguously consent to the collection, use and transfer, in electronic or other forms, of personal information for the purposes of Bento Gift. You will be required to share certain personal information with Bento including your name, phone number, email address, payment details and Bento will use these details in accordance with the Privacy Policy published on www.bentoapp.in/privacy.
- All other terms and conditions for food ordering and delivery services provided herein under clause XIII[1] shall apply as is.
- Order Deletion: In the event you delete an order from the Bento order history on the Bento mobile application, the following Terms and Conditions shall be applicable to you:
- Your order details will be removed from the Bento Platform in its entirety. An order once deleted will not only be deleted from the 'your orders' tab on the mobile application and no support will be offered on such deleted order(s). Such an order once deleted will however remain present in Bento's records in accordance with the privacy policy.
- Notwithstanding anything set out herein above, Bento shall not be responsible in cases where the deleted order can be traced due to:
- Any interruptions, service or technology failure or problems in use of the internet and electronic communications or other systems outside the control of Bento.
- Order details still being available on your email, SMS or other modes of communication where the order details were available.
- Any stakeholder (including Mess Partner or Delivery Partner) reaching out to you through the information you choose to share with such Mess Partner or Delivery Partner or any third party directly.
- Mess Partner(s) undertaking delivery of orders themselves reaching out to you directly.
- Payment pertaining to such an order being available in your bank statement.
- On Time Delivery: Orders placed by Customers at select Mess Partners may have this service available. When enabled, Bento uses its technology platform to allocate a suitable delivery partner, who provides the service, in such a way that it minimises delays in orders. However, you acknowledge that such services are facilitated by the Delivery Partner on a best effort basis; hence should your order fail to reach you on or prior to the On Time Delivery time, you would be receiving a Coupon (of the value as may be communicated on the Bento Platform) to redeem on your next order at any mess. Further, the validity period of the Coupon would be 4 (four) days from receipt thereof. Notwithstanding anything set out herein above, the coupon shall not be issued if:
- Delay on On Time Delivery is for unforeseen reasons e.g. strikes, natural disaster, any weather conditions including water logging and/or extreme rainfall, cash on delivery orders, or the Mess Partner's inability to provide the Order.
- You change, edit, modify or cancel such Order or do any such act that has the effect of changing, editing or modifying such order including but not limited to adding or changing the items ordered, receiving delivery at a location other than the one indicated at the time of placing of the order etc.
- You indulge in actions intended to delay the order including but not limited to asking the Delivery Partner to delay the Order, becoming unresponsive on call etc.
- The order is a scheduled or bulk order (as per Bento's standard order size).
- The order is cancelled due to any reason.
- The order is marked as cash on delivery.
- The order is placed during high demand or peak hours, highly likely during festivals or holidays.
"On Time Delivery" shall mean the Promised Delivery Time, which starts when the order is accepted by the Mess Partner. The actual delivery time will be counted as the period between the Mess Partner accepting the order and the Delivery Partner reaching within 100 metre radius from your location or first barrier point (security guard/reception etc.) whichever is earlier. "Coupon" shall mean a one-time code generated by Bento for delay to be used as per applicable conditions.
B. General Terms and Conditions
- Bento is not a manufacturer, seller or distributor of food and beverages or products and merely places an order against the Mess Partner(s) on behalf of the Customers pursuant to the unconditional and irrevocable authority granted by the Customers to Bento, and facilitates the sale and purchase of food and beverages or products between Customers and Mess Partners, under the contract for sale and purchase of food and beverages or products between the Customers and Mess Partners.
- Bento shall not be liable for any acts or omissions on part of the Mess Partner including deficiency in service, wrong delivery of order / order mismatch, quality, incorrect pricing, deficient quantity, time taken to prepare or deliver the order, etc.
- The Mess Partner(s) shall be solely responsible for any warranty/guarantee of the food and beverages or products sold to the Customer and in no event shall be the responsibility of Bento.
- For Customers in India, it is hereby clarified by Bento that the liability of any violation of the applicable rules and regulations made thereunder shall solely rest with the sellers/brand owners, vendors, Mess Partner(s), importers or manufacturers of the food products, products or any Pre-Packed Goods accordingly. For the purpose of clarity, Pre-Packed Goods shall mean the food and beverages items which is placed in a package of any nature, in such a manner that the contents cannot be changed without tampering it and which is ready for sale to the customer, or as may be defined under the Food Safety and Standards Act, 2006 from time to time.
- Please note that some of the food and beverages or products may be suitable for certain ages only. You should check the dish you are ordering and read its description, if provided, prior to placing your order. Bento shall not be liable in the event the food and beverages or the product ordered by you does not meet your dietary or any other requirements and/or restrictions.
- While placing an order you shall be required to provide certain details, including without limitation, contact number and delivery address. You agree to take particular care when providing these details and warrant that these details are accurate and complete at the time of placing an Order. By providing these details, you express your acceptance to Bento's terms and privacy policies.
- You or any person instructed by you shall not resell food and beverages or products purchased via the Bento Platform.
- The total price for food ordered, including the Delivery Charges and other charges, will be displayed on the Bento Platform when you place your order, which may be rounded up to the nearest amount. Customers shall make full payment towards such food or products ordered via the Bento Platform.
- Any amount that may be charged to you by Bento over and above the order value, shall be subject to applicable taxes.
- Delivery periods/Takeaway time quoted at the time of ordering are approximate only and may vary.
- Personal Promo code can only be used by you subject to such terms and conditions set forth by Bento from time to time.
- Cancellation and refund policy:
- No replacement / refund / or any other resolution will be provided without Mess Partner's permission.
- Notwithstanding anything contained in the Terms, no refund of charges for utilising the Platform Services will be provided unless the cancellation of the order is on account of instances highlighted in para (ii) of clause (m) below.
- Any complaint, with respect to the order which shall include instances but not be limited to food spillage, foreign objects in food, delivery of the wrong order or food and beverages or products, poor quality — you will be required to share the proof of the same before any resolution can be provided.
- You shall not be entitled to a refund in case instructions placed along with the order are not followed in the form and manner you had intended. Instructions are followed by the Mess Partner on a best-efforts basis.
- All refunds shall be processed in the same manner as they are received, unless refunds have been provided to you in the form of credits; refund amount will reflect in your account based on respective bank policies.
- Liquidated Damages:
You acknowledge that (1) your cancellation, or attempted or purported cancellation of an order or (2) cancellation due to reasons not attributable to Bento, that is, in the event you provide incorrect particulars, contact number, delivery address etc., or that you were unresponsive, not reachable or unavailable for fulfillment of the services offered to you, shall amount to breach of your unconditional and irrevocable authorization in favour of Bento to place that order against the Mess Partners on your behalf ("Authorization Breach"). In the event you commit an Authorization Breach, you shall be liable to pay the liquidated damages of an amount equivalent to each component of the order value, attributable to the Mess Partner, Delivery Partner and any other concerned party(s), apart from Bento, on account of cancellation of the order. You hereby authorize Bento to deduct or collect the amount payable as liquidated damages through such means as Bento may determine in its discretion, including without limitation, by deducting such amount from any payment made towards your next Order.
There may be cases where Bento is either unable to accept your order or cancels the order, due to reasons including without limitation, technical errors, unavailability of the item(s) ordered, or any other reason attributable to Bento, Mess Partner or Delivery Partner. In such cases, Bento shall not charge any liquidated damages from you. If the order is cancelled after payment has been charged and you are eligible for a refund of the order value or any part thereof, the said amount will be reversed to you.
2. Bento Pay
In the event a Customer makes a payment for the Bill Amount (as defined below) using Bento Pay on the Bento Platform, in the city(ies) in which Bento Pay is available, the following terms and conditions shall be specifically applicable to the Customers:
- The Customer can make a payment for the Bill Amount on the Bento Platform by using any payment method available on the 'Payment' section on the Bento Platform.
For the purposes of Bento Pay, "Bill Amount" shall mean the total amount (including applicable taxes, service charge and other charges, as may be applicable, excluding tip) set out in the dining bill for food and beverages availed by a Customer at the mess partnered with Bento for Bento Pay. - The Customer acknowledges that upon fulfillment of payment of the Bill Amount via the Bento Platform, the Customer will be required to show the payment confirmation to the mess partnered with Bento for Bento Pay.
- Upon making a payment for the Bill Amount using Bento Pay via Bento Platform, the Customer will be entitled to Bento Pay Benefits (as defined below), subject to successful payment being made by the Customer.
For the purposes of Bento Pay, "Bento Pay Benefits" shall include but not be limited to either of the following:- Instant discount(s) applicable on the Bill Amount;
- Additional banking partner offer(s) applicable on the final payable amount, net of other discounts (excluding tips), provided that the final payable amount meets the minimum and maximum order value criteria for a particular offer, if any, as may be decided by the bank from time to time;
- Scratch card offer(s) with cashback in the form of Bento Credits, provided the final payable amount is minimum INR 50.
- The Customers can make a payment for the Bill Amount using Bento Pay by either scanning the Bento QR code at the mess partnered with Bento for Bento Pay or by searching for the mess partnered with Bento for Bento Pay on the Bento Platform and selecting Bento Pay as the payment method.
- The Customer will be solely responsible to pay the mess partnered with Bento for Bento Pay, the Bill Amount along with all costs and charges payable for all the other items for which you have placed an Order and which are not covered under the Bill Amount. In the event of a concern raised regarding the payment using Bento Pay, we shall use our best endeavours to assist you however such payment will be subject to verification and confirmation from the mess partnered with Bento for Bento Pay.
- The Customer acknowledges that in order to receive Bento Credits, the Customer shall scratch the scratch card offer. Once the scratch card offer is revealed to the Customer, the Customer shall avail the Bento Credits before the date of expiry of such credits. For the purpose of clarity, the date of expiry of Bento Credits will be available on each scratch card offer.
- Your access to Bento Pay Benefits shall be subject to receipt of successful payments by Bento.
- The Customer is required to be present at the partner mess when using Bento Pay.
- The Customer acknowledges that the Bento Pay Benefits cannot be clubbed with any ongoing offers by the partner mess at the mess premise or on items which are being sold at maximum retail price (MRP).
- The Customer cannot use Bento Pay for dine in if the Customer is employed at the same partner mess.
- Bento reserves the right to terminate/suspend Bento Pay Benefits to the Customer, if Bento determines in its sole discretion that: (i) the Customer has violated the terms of Bento Pay set out herein, (ii) have been involved in activities that are in contravention of the Bento Pay terms and/or any terms for the usage of Bento Platform; or (iii) have engaged in activities which are fraudulent/unlawful in nature while availing any of the services of Bento.
- Bento reserves the right to block and/or terminate/suspend Bento Pay Benefits on account of breach of these terms including any fraudulent and suspicious activity while using Bento Pay.
- Bento Pay and the associated Bento Pay Benefits will be applicable to the Customers on all days. Provided however, the benefit of instant discount(s) applicable on the Bill Value shall not be applicable for the Customer on Exclusion Days (as set out below).
- The instant discounts under Bento Pay Benefits shall be as follows:
- If a Bento Plus member uses Bento Pay via Bento Platform at a mess partnered with Bento Plus, the discount will be reflected to the Customer as 'Bento Plus discount' (the Bento Plus Discount will be applicable along with the Bento Pay Benefits on the Bill Amount);
- If a Bento Plus member uses Bento Pay via Bento Platform at a mess not partnered with Bento Plus, the discount will be reflected as 'instant discount';
- If a non-Bento Plus Customer uses Bento Pay via Bento Platform at a mess partnered with Bento Plus, the discount will be reflected as 'instant discount', only if applicable;
- If a non-Bento Plus Customer uses Bento Pay via Bento Platform at a mess not partnered with Bento Plus, the discount will be reflected as 'instant discount'.
- The Customer acknowledges that the Edition Wallet and Bento Pay are two different payment methods available on the Bento Platform and the Customer shall be entitled to Bento Pay Benefits only if the payment for the Bill Amount is made using Bento Pay via the Bento Platform.
- The Customer acknowledges that Bento Pay is being made available purely on a 'best effort' basis and availing Bento Pay is voluntary.
- Bento reserves the right to modify the Bento Pay Benefits and/or these Bento Pay Terms from time to time or at any time, modify or discontinue, temporarily or permanently, Bento Pay Benefits and/or these Bento Pay Terms, with or without prior notice and the decision of Bento shall be final and binding in this regard.
- These Bento Pay Terms do not alter in any way the terms or conditions of any other program or arrangement the Customer may have with Bento. Termination of Bento Pay and these Bento Pay Terms shall have no effect on the Terms of Service governing the contractual relationship between the Customers and Bento.
- For any help or queries, you may reach out to us via chat support or write to us at dining@bentoapp.in.
Exclusion Days for the purposes of Bento Pay:
| No. | Date | Event |
|---|---|---|
| 1 | December 31 and January 1 | New Year's Eve/Day |
| 2 | As per lunar calendar | Pongal (applicable in Tamil Nadu only) |
| 3 | February 14 | Valentine's Day |
| 4 | As per lunar calendar | Durga Puja (applicable in West Bengal only) |
| 5 | As per lunar calendar | Diwali |
| 6 | December 24 and December 25 | Christmas Eve/Day |
3. Book Service / Table Reservations
- The Customer can make a request for booking a table at a mess, offering table reservation via the Bento Platform and related mobile or software application and such booking will be confirmed to a Customer by email, short message service ("SMS") and/or by any other means of communication only after the mess accepts and confirms the booking. The availability of a booking is determined at the time a Customer requests for a table reservation. While using the Bento Book Service, you shall be required to provide certain details; you agree to provide correct details and warrant that these details are accurate and complete. By submitting a booking request, you express your acceptance to Bento's terms and privacy policies and agree to receive booking confirmations by email, SMS and/or by any other means of communication after booking a table through the Bento Book Service. Customer further agrees not to make more than one reservation for Customer's personal use for the same mealtime.
- Fees: Bento may charge a booking fee ("Booking Fee") from the Customer upon availing the Bento Book Service. This Booking Fee shall be adjusted by the mess against the total bill for the items consumed by the Customer at such mess. Any balance amount remaining to be paid after deduction of the Booking Fee from the mess bill shall be payable by the Customer. The Customer shall also be liable to pay any additional charges and/or applicable taxes that may be applicable to the transaction. In the event of any change in the amount of the Booking Fee after the payment is made by the Customer, the amount of the Booking Fee already paid by the Customer will be applicable. The Customer may be required to furnish the payment instrument at the mess from which payment has been made for identification purposes.
- Modifications & Cancellations: Any request for modification of the confirmed booking will be subject to acceptance of the same by the mess. Bento will use its best endeavours to keep the Customer informed of the status of the booking. For bookings where Booking Fee is not applicable, the Customer may cancel such booking thirty (30) minutes in advance from the scheduled booking time. A confirmed booking for which Booking Fee has been charged from a Customer, modification option will not be available, however the Customer is required to cancel the confirmed booking twenty-four (24) hours prior to the scheduled booking time to avail the refund. Unless otherwise provided herein these Terms, Bento shall refund the Booking Fee to the Customer within seven (7) working days from the date of such cancellation. However, Bento reserves the right to retain the Booking Fee in the event the Customer fails to cancel the booking within the estimated timeframe mentioned herein above.
- Late Arrivals: Bento advises the Customer to arrive 10 minutes in advance of the scheduled booking time. The mess reserves the right to cancel your booking and allocate the table to other guests in case of late arrivals and Bento shall in no manner be liable for such cancellation initiated by the Mess. Bento hereby reserves its right to retain the Booking Fee paid by the Customers, in the event the Customer is late by more than 10 minutes from the scheduled booking time and/or fails to show up at the mess.
- Dispute: In the event the mess fails to honour the confirmed booking or in case of any other complaint or dispute raised by the Customer in relation to the booking, the Customer shall raise such disputes with Bento within 30 minutes from the scheduled booking time via chat support or at the helpline numbers provided below. Upon receipt of such complaint or dispute, Bento will make reasonable efforts to verify the facts of such complaint/dispute with the mess and may at its sole discretion initiate the refund of the Booking Fee to such Customer.
- Personal Information: Customers will be required to share certain personal information with Bento and/or the mess including but not limited to their name, phone number, email address in order to avail the Bento Book Service and the Customer hereby permits Bento to share such personal information with the mess for confirming such Customer's booking and/or such other communication relating to but not limited to the Bento Book Service or any promotions by the mess. Bento will use these details in accordance with the Privacy Policy published at www.bentoapp.in/privacy. Bento will share your personal information with the mess for the purpose of your reservation. However, notwithstanding anything otherwise set out herein, Bento shall in no manner be liable for any use of your personal information by such mess for any purpose whatsoever.
- Additional Request: In the case of any additional request communicated by the Customer at the time of the booking, the same will be conveyed to the mess by Bento and confirmed to the Customer based on the mess's response. While Bento will take all care to ensure timely communication of these requests to both the Customer and the mess, the liability to fulfill the request lies solely with the mess and Bento shall in no manner be liable if the mess does not honour any of the confirmed additional requests of the Customers.
- Call Recording: Bento may contact via telephone, SMS or other electronic messaging or by email with information about your Bento Book Service or any feedback thereon. Any calls that may be made by Bento, by itself or through a third party, to the Customers or the mess pertaining to any booking requests of a Customer may be recorded for internal training and quality purposes by Bento or any third party appointed by Bento.
- Liability Limitation: Notwithstanding anything otherwise set out herein, Bento shall in no manner be liable in any way for any in-person interactions with the mess as a result of the booking or for the Customer's experience at the mess or in the event a mess does not honor a confirmed booking. Bento is only a platform connecting Customers to the mess and shall not be liable for any acts or omissions on part of the mess including deficiency in service, quality of food, time taken to serve or any other experience of the Customer.
- Contact Us: You may write to us at bookings@bentoapp.in for any further queries with regard to the Bento Book Service and may also contact us at our helpline for more information: India: 020-XXXXXXXX.
4. Bento Plus
Bento Plus is a membership-based program available across cities which allows its members to avail Discounts (as defined below), on dine in and home delivery offered by a host of mess establishments partnered with Bento ("Bento Plus Partner Mess").
1. Bento Plus Membership
As a member of Bento Plus, you will be entitled to avail Discounts on the Bill Value (as defined below), provided that the Bill Value for such order is above the minimum order value (if applicable) as determined by the Bento Plus Partner Mess when you pay the Bill Value via the Bento Platform, based on and subject to the membership plan purchased by you via the Bento Platform.
For the purpose of Bento Plus, "Bill Value" shall mean the total amount set out in the bill for food and beverages availed by the member at the Bento Plus Partner Mess, and shall not include applicable taxes, Delivery Charges, service charge and other charges as may be applicable; and "Discount(s)" shall include, but not be restricted to, either (i) customer credits, promo codes, vouchers or any other form of cashback that Bento may decide at its discretion; (ii) meal packages that are fixed price deals offered by the Bento Plus Partner Mess; and/or (iii) other benefits and offers as may be communicated on the Bento Platform; (iv) flat % off or as may be communicated while paying the dining bill on the Bento Platform; (v) Unlock Offers which include purchasing one item and getting another of equal or lesser value free such as 1+1 or 2+2 offers on food and drinks; (vi) or any such Discount(s) as may be communicated to Customers by Bento.
2. Benefits and Features under Bento Plus Membership
- Discount(s) can be redeemed at Bento Plus Partner Mess only and the list of such Bento Plus Partner Messes may be updated periodically;
- Discount(s) may be changed or added from time to time. You are advised to check the Discount(s) being offered by the Bento Plus Partner Mess at the time of placing your order;
- Discount(s) cannot be exchanged for cash;
- Discount(s) shall be extended only if the Bento Plus member makes payment towards the Bill Value via the Bento Platform;
- You will be responsible to pay the Bento Plus Partner Mess all costs and charges payable for all the other items for which you have placed an order and which are not covered under the Discount(s);
- There is no limit on the number of times the Discount(s) can be availed in a day;
- You are not permitted to avail the Discount(s) on more than two (2) devices at a time;
- The term of your Bento Plus membership shall be subject to the membership plan opted by you.
3. Bento Plus for Dine In
While availing Bento Plus benefits on dine-in, the following terms and conditions shall be specifically applicable to Bento Plus members:
- Upon fulfillment of payment of the Bill Value via the Bento Platform, you will be required to show the payment confirmation to the Bento Plus Partner Mess.
- Discount(s) cannot be clubbed during the same visit.
- Bento Plus members are required to be present at the Bento Plus Partner Mess when availing the Discount(s).
- Discount(s) cannot be clubbed with any ongoing Bento Plus Partner Mess offer(s) or on menu items which are being sold on discount.
- Discount(s) extended by the Bento Plus Partner Mess shall be valid irrespective of the number of people seated on the table except for Unlock Offer(s) where a minimum of two Customers are required to avail the Discount(s).
- Discount(s) shall not be applicable on tobacco and related products.
- Customer cannot use Bento Plus for dine-in if the Customer is employed at the same Bento Plus Partner Mess.
4. Partner Mess List
The Bento Plus Partner Messes may change from time to time and the members are advised to keep a check on the updated list of Bento Plus Partner Messes from time to time on Bento's Platform.
5. Fees
In order to avail Bento Plus membership, members are required to pay a membership fee which shall be based on the membership plan opted by such member.
6. Payments
To purchase and/or renew your membership plan, you can choose a payment method, as available on the 'Payment' section of the Bento Platform. Your access to Bento Plus shall be subject to receipt of successful payments by Bento. The membership fee shall be inclusive of all applicable taxes. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees, relating to the processing of your payment method. Bento shall require additional information and/or documents from you in accordance with the applicable local laws or as per the internal requirements of Bento.
7. Terms
These Terms will begin on the date of purchase of the membership plan and will be valid till such time your membership plan expires.
8. Subscription and Renewal
The membership, once purchased, is non-transferable and non-refundable.
9. Modification to Bento Plus
Bento reserves the right to offer, alter, extend or withdraw, as the case may be, any offers or discounts or promotions extended by Bento at any time with or without giving any prior notice to the Customer. In such cases, such revision will be updated on the Bento Platform accordingly.
10. Termination / Suspension
Bento reserves the right to terminate/suspend your membership to Bento Plus, if Bento determines in its sole discretion that (i) you have violated the terms and conditions of Bento Plus set out herein, (ii) have been involved in activities that are in contravention of the Bento Plus terms and/or any terms for the usage of Bento Platform; or (iii) have engaged in activities which are fraudulent/unlawful in nature while availing any of the services of Bento. You will not be eligible for any refund if the Bento Plus membership has been terminated/suspended by Bento for such cases.
11. Statutory Compliance
The Customer acknowledges that Bento bears no responsibility for the compliance with statutory rules, regulations and licences by Bento Plus Partner Mess. The Customer agrees that Bento shall not be liable in any manner if the Customer is unable to avail the benefits under Bento Plus with a Bento Plus Partner Mess due to the Bento Plus Partner Mess's violation of any statutory rule, regulation and licence.
12. Personal Information
Bento Plus members will be required to share certain personal information with Bento including their name, phone number, email address, payment details, in order to purchase Bento Plus. Bento will use these details in accordance with the Privacy Policy published on www.bentoapp.in/privacy.
13. Disclaimer
The liability to extend the benefits under Bento Plus rests solely with the Bento Plus Partner Messes and Bento shall in no manner be liable if the Bento Plus Partner Mess does not honour the benefits under Bento Plus. Bento Plus Partner Messes reserve the right to refuse service to anyone in accordance with their policies. However, in the event a Bento Plus Partner Mess refuses to honour Bento Plus in accordance with these Terms, please reach us via Bento Plus chat support on the Bento app or write to us at plus@bentoapp.in and we shall use our best endeavour to assist you.
14. Liability Limitation
Notwithstanding anything otherwise set out herein, Bento shall in no manner be liable in any way for any in-person interactions with representatives or staff of the Bento Plus Partner Mess or for the member's experience at the Bento Plus Partner Mess. Bento shall in no manner be liable to the member if any outlet of the Bento Plus Partner Mess temporarily or permanently shuts down its operations. Notwithstanding anything set out herein, Bento's aggregate liability for any or all claims arising from or in connection with your use of Bento Plus shall be limited to the membership fee paid by you at the time of purchasing the membership.
15. Call Recording
Bento may contact Bento Plus members via telephone, SMS or other electronic messaging or by email with information about your Bento Plus experience or any feedback thereon. Any calls that may be made by Bento, by itself or through a third party, to the members or the mess pertaining to the experience of a Customer may be recorded for internal training and quality purposes by Bento or any third party appointed by Bento.
16. Assignment
Bento may assign or transfer any of its rights or obligations under these Terms and conditions to any of its affiliates or any third party at any time.
17. Contact Us
You may contact us at plus@bentoapp.in for any further queries with regard to Bento Plus.
Bento Plus Mini (India)
All terms and conditions of the Bento Plus membership will be applicable to Bento Plus Mini membership, except that under Bento Plus Mini membership, the members will be entitled to discounted delivery (including any distance fee or delivery surge) at a rate as may be communicated to you on the Bento Platform, on every order during the validity of the Bento Plus Mini membership.
5. Food Hygiene Ratings
- The Food Hygiene Ratings ("Hygiene Rating(s)") is an initiative of Bento in partnership with certified auditors ("Hygiene Auditor(s)") to audit mess establishments. The Customer acknowledges that Bento is merely acting as a facilitator in the hygiene audit process and does not conduct any hygiene audit by itself.
- The Customer understands and agrees that the Hygiene Rating(s) displayed on the Bento Platform are for informational purposes only and merely indicate the hygiene standards of a mess at the time such audit is conducted by the Hygiene Auditor(s). The Hygiene Rating(s) shall not be deemed to be an indicator of the food quality standards maintained by a mess.
- Validity:
- The validity of the Hygiene Rating(s) displayed on the Bento Platform shall be for a period of six (6) or twelve (12) months, as the case may be, from the date of last audit as displayed on the Bento Platform.
- Bento reserves the right to remove the Hygiene Rating(s) for a mess upon expiry of the validity of the Hygiene Rating(s), without any prior intimation to the Customer.
- Disclaimer and Liability:
- The Hygiene Rating(s) that are displayed on the Bento Platform are on an 'as available' basis, based on the data provided to Bento by the Hygiene Auditor(s) for a mess and Bento disclaims all warranties with respect to the Hygiene Rating(s) or any information displayed in this regard on the Bento Platform.
- Any actions taken by a Customer relying upon the Hygiene Rating(s) or any information displayed in this regard on the Bento Platform shall be strictly at such Customer's own risk and Bento shall in no manner be held liable for any losses or damages that may arise in connection with the use of this information or any inaccuracy, invalidity or discrepancy in the Hygiene Rating(s). Bento expressly disclaims all liabilities that may arise in connection to the reliance by a Customer on such Hygiene Rating(s) including without limitation, any consumption of food or any other items served at a mess, or any other services that may be provided by a mess.
- Bento shall under no circumstances be held liable if a mess does not display the correct and accurate Hygiene Rating(s) on its premises, website or any other platform.
- The Customer acknowledges that the Hygiene Rating(s) as displayed on the Bento Platform shall under no circumstances be construed to be a proof of the hygiene standards or practices that are being adopted by the mess and such Hygiene Rating(s) shall not be used as evidence in a court of law or governmental authority or disputed in any manner whatsoever. The Customer further understands that the mess is solely responsible to maintain the hygiene and food safety standards in compliance with the applicable laws.
- Contact Us: You may contact us at hygiene@bentoapp.in for any further queries with regard to Hygiene Ratings.
XIV. Disclaimer of Warranties, Limitation of Liability, and Indemnification
1. Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BENTO, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS ("BENTO PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BENTO PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE BENTO PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER CUSTOMERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BENTO OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING BY BENTO, YOU AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADE MARK, SERVICE MARK, TRADE NAME, LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF SUCH MARKS, NAMES OR LOGOS.
2. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE BENTO PARTIES BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND/OR (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES INCLUDING MOBILE APP, AND/OR (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, AND/OR (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE BENTO PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VIII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OR OUR PRIVACY POLICY, AND/OR (IX) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, AND/OR (X) LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES, AND/OR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BENTO'S REASONABLE CONTROL. IN NO EVENT SHALL THE BENTO PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
3. Indemnification
You agree to indemnify, defend, and hold harmless the Bento Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
XV. Termination of Your Access to the Services
You can delete your account at any time by contacting us via the "Contact Us" link at the bottom of every page or by following this process: Go to Profile > Settings > Security > click on the 'Delete Account' button and ceasing further use of the Services.
We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) lack of use of the Services. You agree that any termination of your access to the Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services.
XVI. General Terms
Interpretation
The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.
Entire Agreement and Waiver
The Terms, together with the 'Privacy Policy' and 'Guidelines and Policies', shall constitute the entire agreement between you and us concerning the Services. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
Severability
If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
Partnership or Agency
None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Bento and you shall have no authority to bind Bento in any form or manner, whatsoever.
Governing Law
These Terms shall be governed by the laws of India. The Courts of Pune, Maharashtra shall have exclusive jurisdiction over any dispute arising under these Terms.
FOR ALL CUSTOMERS: YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.
Carrier Rates may Apply
By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be solely responsible for any such costs incurred.
Linking and Framing
You may not frame the Services. You may link to the Services, provided that you acknowledge and agree that you will not link the Services to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Services effective immediately.
XVII. Notice of Copyright Infringement
Bento shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the Bento Platform, or items advertised on the Bento Platform, by end users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any Customers of the Services repeatedly infringe on others' copyrights, we may in our sole discretion terminate those individuals' rights to use the Services.
If you believe that your copyright has been or is being infringed upon by material found in the Services, you are required to follow the below procedure to file a notification:
- Identify in writing the copyrighted material that you claim has been infringed upon;
- Identify in writing the material on the Services that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the business listing it is posted under);
- Include the following statement: "I have a good faith belief that the use of the content on the Services as described above is not authorized by the copyright owner, its agent, or law";
- Include the following statement: "I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner's behalf";
- Provide your contact information including your address, telephone number, and e-mail address (if available);
- Provide your physical or electronic signature;
- Send us a written communication to legal@bentoapp.in.
You may be subject to liability if you knowingly make any misrepresentations on a take-down notice.
XVIII. Contact Us
1. Details of the Company
| Legal Entity Name | Bento Eats LLP |
| Registered Address | Pune, Maharashtra, India – 411001 |
| Website & Application | www.bentoapp.in ("Website") and "Bento" application for mobile and handheld devices |
| Contact Details | info@bentoapp.in |
2. Grievance Redressal Mechanism
i. Customer Care Channels
- For any order related issue, you may first reach out to us via chat support on the Bento app for real-time resolution.
- You may write to us at order@bentoapp.in and we will strive to resolve your order-related grievance within the timelines prescribed under applicable laws.
- For a complaint raised on order@bentoapp.in, you will receive a unique ticket number to track the status of your complaint.
- In case you do not receive a satisfactory response from chat support and order@bentoapp.in, you can reach us at 020-XXXXXXXX (Monday to Friday between 09:00 am – 6:00 pm).
- In case you do not receive a satisfactory response from the above channels, you can escalate the matter to our Grievance Officer by giving reference of the ticket number generated from order@bentoapp.in and we shall address your concern within an estimated time of forty-eight (48) hours.
ii. Details of the Grievance Officer
| Name & Designation | Grievance Officer, Bento Eats LLP |
| Address | Pune, Maharashtra, India – 411001 |
| grievance@bentoapp.in | |
| Phone | 020-XXXXXXXX |
| Hours | Monday – Friday (09:00 am to 6:00 pm) |
iii. Details of the Nodal Person
| Name & Designation | Nodal Officer, Bento Eats LLP |
| Address | Pune, Maharashtra, India – 411001 |
| nodal@bentoapp.in |
For Customers residing in India, please note, in compliance with The Information Technology Act, 2000 and the rules made thereunder, as well as The Consumer Protection Act 2019, and the rules made thereunder, the grievance redressal mechanism, including the contact details of the Grievance Officer and Nodal Officer are given herein above.
⚠️ Please Note: Bento does not solicit confidential information such as OTP/CVV/PIN NUMBER/Card number either through call, mail or any other means. Please do not reveal these details to fraudsters and imposters claiming to be calling on Bento's behalf. You may report such suspicious activities to order@bentoapp.in.
Mess Partner Terms & Conditions
These Terms form part of the Mess Partner Enrolment Agreement for Food Ordering and Delivery Services ("Agreement") 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
- "Calendar Month" means a month as named in the English calendar.
- "Service Fee" means the amount payable by the Mess Partner to Bento, as set out in the Agreement.
- "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; (b) track the status of the Order; and (c) facilitate payment by the Customer towards the Mess Services.
- "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, governed by the Privacy Policy.
- "Delivery Charges" means the delivery fee charged from Customers on each Order where Bento facilitates delivery.
- "Gross Sales" means the gross amount charged by the Mess Partner to any Customer attributable to any Order placed through Bento's Platform including all applicable taxes less discounts offered by the Mess Partner (if any).
- "Menu" means any document or virtual page which lists the items for sale offered by the Mess Partner to the Customer on the Platform.
- "Mess Partner" means the entity/individual being the legal owner of the mess establishment as mentioned in the Agreement.
- "Mess Services" means supply of food and beverages items listed on the Menu from time to time, sold by the Mess Partner, listed and advertised by the Mess Partner on the Platform.
- "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 payable by the Customer upon placement of an Order with the Mess Partner on the Platform.
- "Platform" means the website and Customer Application owned and operated by Bento.
- "Net Order Value" means Order Value received, less the Service Fee and any other additional amounts due to Bento from the Mess Partner under these Terms.
- "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 connects the Mess Partner with a Delivery Partner who shall pick Order(s) from the Mess and deliver the same to the Customers.
2. Bento's Obligations
- Bento will (a) list Mess Partner's menu and price list on the Platform; and (b) transfer to the Mess Partner the amounts received from the Customers in accordance with agreed Terms.
- 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 in compliance with Bento's policies.
- Bento will transmit Orders placed by the Customer with the Mess Partner on a real time basis through the Merchant Application.
- Bento will redress Customers and Mess Partner's complaints in respect of the functioning of the Platform.
- 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.
- Where Bento provides Logistics Services, Bento shall only be responsible to tally the number of items ordered against the Order received. The Mess Partner shall be solely responsible for the quality and quantity of the Order.
3. Mess Partner's Obligations
- The Mess Partner will not discriminate while servicing Orders received from Customers ordering via the Platform.
- The Mess Partner will respect the dignity and diversity of Delivery Partners and will not discriminate against any Delivery Partner on the basis of race, community, religion, disability, gender, sexual orientation, gender identity, age, or any other legally protected status.
- Mess Partner will ensure that the Information provided to Bento is current and accurate, including but not limited to name, address, contact number, email, manager details, delivery times, opening hours, Menu(s), price lists, and other relevant information.
- Mess Partner shall ensure that it is the sole author/owner of, or otherwise controls all content/material transmitted or submitted by the Mess Partner to Bento, and that it does not violate or infringe the rights of any third party or applicable laws.
- Mess Partner shall process and execute Orders promptly.
- The Mess Partner shall be obligated to turn off the "Accepting Orders" feature whenever it is unable to provide Mess Services to the Customer.
- The Mess Partner warrants that the food and beverages provided to Customers are: (a) of high quality and fit for human consumption; (b) compliant with Food Safety and Standards Act, 2006 and the rules, regulations, licenses, standards and guidelines issued thereunder; (c) compliant with all other relevant Indian legislation.
- Mess Partner shall ensure that the Order(s) are appropriately packed and adequately fastened to avoid any spillage during transportation.
- Mess Partner shall address and resolve all Customer complaints received by Bento relating to the efficacy, quality or any other issues expeditiously.
- The Mess Partner shall not charge the Customer for anything other than food, beverages, and packaging charges on the Platform.
- Mess Partner shall not engage in any fraudulent activity or misuse any benefits extended by Bento to Customers.
- Mess Partner shall ensure to protect and maintain the Customer experience on the Platform by accurately displaying the details of the Mess including item names and images in the Menu.
- Restaurant Partner shall ensure to update the Merchant Application as and when the latest version of the application is available.
- 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.
4. License
Mess Partner grants to Bento an unrestricted, non-exclusive, royalty-free licence in respect of all Content and Information provided to Bento by the Mess Partner for the purposes of inclusion on the Platform. This includes, but is not limited to, use of the Mess Partner's name in the context of advertising and promotional campaigns to promote food ordering and delivery.
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 for the purposes of advertising and promotion of the Platform.
5. 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 to ensure compliance with Food Safety and Standards Act, 2006.
- 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.
- 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.
6. Payment Settlement
Bento shall settle the Net Order Value to the Mess Partner on a weekly basis (or as otherwise agreed), after deducting the applicable Service Fee and any other charges due to Bento. Bento reserves the right to withhold or adjust settlement amounts in case of disputes, chargebacks, or violations of these Terms.
7. Intellectual Property
All content, features, and functionality of the Platform, including logos, text, graphics, and code, are owned by Bento and are protected by international copyright, trademark, patent, and other intellectual property laws. The Mess Partner may not copy, modify, distribute, or reverse-engineer any part of the Platform.
8. Limitation of Liability
To the maximum extent permitted by law, Bento shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from the Mess Partner's access to or use of, or inability to access or use, the Platform or Services. Bento's aggregate liability to the Mess Partner under these Terms shall not exceed the total Service Fees paid by Bento to the Mess Partner in the preceding three (3) calendar months.
9. Indemnification
The Mess Partner agrees to defend, indemnify, and hold harmless Bento, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees resulting from: (a) the Mess Partner's breach of these Terms; (b) the quality or safety of the food and beverages provided by the Mess Partner; (c) any violation of applicable laws by the Mess Partner.
10. Term and Termination
These Terms shall commence on the date of acceptance and shall continue until terminated by either party. Either party may terminate these Terms by giving thirty (30) days prior written notice. Bento may terminate these Terms immediately without notice if the Mess Partner: (a) breaches any material provision of these Terms; (b) becomes insolvent; (c) engages in fraudulent activity; or (d) violates applicable food safety laws.
Upon termination, the Mess Partner's listing will be removed from the Platform and all pending settlements will be processed within sixty (60) days of the termination date, subject to any deductions or withholdings.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or relating to these Terms shall be resolved through binding arbitration in Pune, Maharashtra, in accordance with the Arbitration and Conciliation Act, 1996.
12. Amendments
Bento reserves the right to modify these Terms at any time. Mess Partners will be notified of significant changes via the Merchant Application or email. Continued use of the Platform after changes constitutes acceptance of the new Terms.
13. General Terms — For Users
By accessing or using the Bento website, mobile application, and related services (collectively, the "Services"), you agree to be bound by these Terms and all applicable laws and regulations. These general terms apply to students, professionals and all end-users of the Bento platform.
- User Accounts: To use our Services, you must register for an account. You agree to provide accurate, current, and complete information during registration. You are responsible for safeguarding your password and for all activities that occur under your account.
- Subscriptions and Payments: We offer various meal subscription plans and one-off ordering options. All payments are processed securely via third-party payment gateways. Bento reserves the right to modify pricing with prior notice.
- Delivery and Cancellations: Delivery times are estimates and may vary based on weather, traffic, and kitchen operations. You may pause or "skip" upcoming meals through the App before the designated daily cutoff time. Refunds for skipped meals or cancellations are subject to our Refund Policy.
- User Conduct: You agree not to use the Services for any unlawful purpose. Abusive behavior, harassment, or threats toward delivery personnel, Mess Partners, or customer support staff will result in immediate account termination.
- Limitation of Liability: Bento does not guarantee the quality, safety, or exact ingredients (including allergen contamination) of the food provided by Mess Partners. To the maximum extent permitted by law, Bento shall not be liable for any indirect or consequential damages.
14. Contact Us
If you have any questions about these Terms, please contact us at:
Email: legal@bentoapp.in
Address: Bento Eats LLP, Pune, Maharashtra, India – 411001