Terms and condition

Customer policy

• Any customer booking an order through the Foodsqure app or via call must receive a clear message that we connect customers to restaurants, tiffin services, cloud kitchens, and hotels nearby their location. These establishments will provide fresh and pocket-friendly food.

In case of any complaints against anynon-certified vendors from the customer,Foodsqure will take the appropriate action against those particular vendors.

If the food delivered to the customer is shoaled & shilled then the customer must upload the pictures of the food to the customer care What'sapp number in front of the delivery boy.

If the customer find the package opened and re-sealed, the customer must upload the pictures of the package then and there in front of the delivery boy itself.

Customers can cancel any order through a call or the app within 5 minutes of placing the order, using their preferred method.

Customer ordering through app must read all the delivery policies of the Foodsqure. Read before agreeing to the terms and conditions of the company.

Any order placed by the customer will be delivered within forty-five (45) minutes of placing the order. In the event ofan emergency or issues with the delivery, the customer must allow a 15-minute grace period for the delivery person.Similarly, the delivery person must promptly inform the customer of any delays, providing reasons for the delay.

In case of a delivery delay exceeding the specified time, the customer can report to the customer care number to ensure that appropriate action is taken.

The delivery timing policy becomes null and void for the customer ordering the food for small or big events.

After the order is cancled the refund will be granted to customer whitin 40 to 60 days .

SUBSCRIPTION ORDER

Monthly subscription order – 30 days cycle.

If the customer wants to cancle monthly subscription order after 10 days of order , So in that case only 50 percent of payment is refundable.

If the customer wants to cancle monthly subscription order after 15 days of order , So in that case there will be no refund .

In case the tiffin is damaged or broken , the customer has to pay the damage cost accordingly to the vendor.

Customer have to wash and clean the tiffin before giving it back to vendor.

After receiving the tiffin customer have to eat it within a an hours, after that its not a responsibility of vendor or foodsqure if the food become sour etc.

The facility to postpone monthly subscription tiffins will be given only to those customers who continue to order for three months continuously through the foodsqure platform.

To cancel or restart tiffins, customers can use the FoodSquare chat platform, which will be the only valid method.

To cancel or restart tiffins, customers must send a chat message within the given time frame, which will be the only accepted way. The time frames are:

- For lunch: between 10:00 AM to 10:30 AM
- For dinner: between 6:00 PM to 6:30 PM

Messages sent outside of these time frames will not be accepted for cancellation or restart requests.

Monthly subscriptions will last for around 45-50 days, and any unused balance will expire at the end of that cycle.

Discount policy

Any new changes or updates to the discount policy made by the management must be promptly updated on the Foodsqure Pvt Limited app and website.

Discount policies can different per the customer booking on call and app or website of Foodsqure foodsqure services pvt. ltd.

There will be no fixed discount percentage on any product of Foodsqure Pvt limited.

Discount on any product of Foodsqure Pvt limited given to the customer must be mentioned on the hard &soft copies of bill.

Discounts on all products may vary for customers ordering through call, the app, or website based on the customer's location and the day of the order.

TERMS & CONDITIONS FOR VENDERS LISTING SERVICES

This document is an electronic record in terms of the amended Information Technology Act, 2000, and rules and regulations made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which require the publishing of the Terms for access or usage of Foodsqure service via Foodsqure portals. This document meets the stipulations and conditions mentioned in Section 65B(2) of the Indian Evidence Act, 1872.

This Terms Of Service guides the contractual relation between Vendors (hereinafter called as “Vendor”/”Service Provider”, “You” or “Your”) and Foodsqure Limited (hereinafter called as Foodsqure) and it governs the services offered by Foodsqure through its website (www.foodsqure.com), phone Search, SMS, WAP, APP, or any other medium (collectively called “portals”). Foodsqure offers you its services only on the Terms and any amendments made under this Terms of Service. Foodsqure’s endeavor will be to send the Terms of Service to you on your registered email ID and/or mobile number via emails/SMS/WhatsApp, and the same is also published on Foodsqure’s website at https://www.foodsqure.com/Terms-of-Use/Service-for-Listing- Service.

1) INTRODUCTION

The Services (defined hereinafter) of ‘Foodsqure’ is provided by FoodsqureLimited, a company incorporated under the Companies Act, 1956 and having its registered office at Near Anant Hospital , Wright Town Jabalpur M.P. ( Foodsqure Pvt. Ltd ). Foodsqure carries on the business of providing information about Vendors (defined hereinafter) of various Foods and services in selected towns and cities in India (“Service”) to end users. Foodsqure is local search engine and it primarily provides Food services to its Callers/Users as per their requirements & searches made on ‘Foodsqure’s portals in as much as this terms of use is concerned as applicable to the vendors. Foodsqure search service is available to users through multiple platform viz., Internet, mobile internet, telephone (voice, text & SMS).Foodsqure is merely a medium which connects general public with vendor’s goods and services listed on Foodsqure, however, at the same time it does not intend to guarantee any business to such Vendors. The Vendor details as provided by them are specified in the listing available at Foodsqure’s portals. Foodsqure’s objective is to provide a quicker guide for up-to-date Information in a user friendly manner and via a medium that the end user is comfortable with. The end users (“hereinafter referred as Callers/Users”) of the Service are persons who may want to purchase goods / avail services and are seeking information about the Vendors of such goods and

services. These Terms of Service (defined below) and the invoice mentioned in Clause 13 constitute the entire understanding/Contract) between Foodsqure and the Vendors.

2) INTERPRETATION

(a)Contract means this Terms of Service together with all Schedules and Annexures (if any).

(b)References to a party hereunder shall include such party’s successors, permitted assigns and any persons deriving title under it.

(c)The descriptive headings of Clauses are inserted solely for convenience of reference and are not intended as complete or accurate descriptions of the content of such Clauses.

(d)The use of words in the singular or plural, or with a particular gender, shall not limit the scope or exclude the application of any provision of this Contract to such person or persons unless the context otherwise permits.

(e)Any grammatical form of a defined term herein shall have the same meaning as that of such term; and The words “including” and “includes” herein shall always mean “including, without limitation” and “includes, without limitation”, respectively.

3) SUBSCRIPTION

Vendors may be business houses, small medium enterprises, corporate entities, semi-corporate entities, establishments or individuals, who subscribe to the Service in order to list their company or business. Foodsqure will provide only the Information about the Vendor to the Users in the manner provided for in these Terms. Vendor agrees and acknowledges that Foodsqure does not guarantee any business to the vendor and is merely a medium through which information is made available to the general public.

4) GENERAL TERMS

(i) This Terms of Service, including any Invoice, Annexures etc. together will be referred as “Contract/ Terms of Service”. This Terms of Service will override any previous understanding (whether written or oral) between the Vendor and Foodsqure on the subject matter hereof. The Terms Of Service shall be valid and effective for 1 (one) year or more from the Effective Date unless otherwise agreed by the parties and in accordance with the terms of Service subject to the timely receipt of the payment. The Service would automatically stand renewed unless (a) the Vendor intimates Foodsqure by prior written notice (either by email or through registered post) at least 3 (three) months before the expiry of the 1 (one) year tenure, expressing their intention not to renew the Service or (b) is terminated by either Party prior to renewal in accordance with these Terms. In the absence of any written communication by the Vendor as to non-renewal after the expiry of the 1 (one) year tenure or unless terminated earlier by either Party, the Service would stand automatically renewed on terms specified herein. By agreeing to the terms of the Contract, the Vendor shall be deemed to have consented unconditionally to all such addendums and amendments to the Contract without requirement of any specific notice or signature thereto. Foodsqure is entitled to modify the Terms of Service as it deems fit and will not be required to provide a specific notice of such change to the Vendors. It shall be the sole responsibility of the Vendors to visit the Website and update

themselves of the modifications/changes to the Terms of Service. Any changes or amendment to these Terms or the Terms of Service will be deemed to take effect from the Effective Date and will be binding on the Vendor.

(ii) Subject to terms set out in Clause above, it is clarified that the automatic renewal of the Service will also be subject to sufficient credit balance of Vendor being available in the Vendor's account with Foodsqure. It is further clarified that in ECS/ CCSI mandate should be active and the payment should be honoured on the stipulated date for the purposes of renewal of the Service.

(iii)The automatic renewal of the Service is subject to the absolute discretion of Foodsqure. The amount mentioned in the Invoice along with any other document which forms a part of this Terms of Service, Total Fee is the decided fee for the provision of Services and shall not be reviewed at any point except at the discretion of Foodsqure. The Vendor, by making the payment as raised in the invoice, confirms the acceptance of Terms of Service as set out herein, for availing the service from Foodsqure.

(iv)The vendor hereby authorizes that upon the execution of ECS / CCSI MANDATE, Foodsqure is authorized to DEDUCT minimum of 9 months ECS, thereafter Vendor has the option of terminating the Service. The Vendor shall only terminate the Service upon the completion of minimum tenure of 9 months from effective date which can be terminated by giving prior 3 (Three) months written notice (either by email or through registered post) to its bill due date, expressing intentions of discontinuing the Services.

(v)Notwithstanding anything contained anywhere in this contract, The Vendor undertakes that if any concession is availed by Vendor while availing Foodsqure services it shall be under obligation to honor the payment (through any mode as opted) under any circumstances for the total tenure of the services as availed by the Vendor subject to terms of service as mentioned in this document. The Vendor hereby authorizes that upon the execution of ECS / CCSI MANDATE Foodsqure is authorized to DEDUCT the ECS/CCSI or any other payment mode for the total tenure as per the services availed especially where concession is availed by Vendor.

(vi) In respect of Premium listings or any other Listings, where the payment mode and manner opted by the Vendor is Electronic Clearing Service (ECS) or Credit Card Standing Instruction (CCSI), the Service would be automatically renewed as mentioned in Clause 4 of these Terms, however such automatic renewal is subject to the condition that same will be so renewed at revised values (commercials) as existing on the date of automatic renewal and on such other terms as may be determined solely by Foodsqure. Notwithstanding anything contained in this Term of Service, the automatic renewal and the terms of such renewal will be at the absolute discretion of Foodsqure.

(vii) It is clarified that, irrespective of whether the Vendor has registered or not registered their entity/ firm’s contact numbers in the “Do Not Call” registry of Telecom Regulatory Authority of India (TRAI), or any other statutory body, upon acceptance of the Terms Of Service, the Vendor would be deemed to have given their consent and authorized Foodsqure to share the Vendor’s details and contact numbers for business and promotional purpose with Users of the Service and for other business purposes of Foodsqure. Further the Vendor, by accepting the Terms of Service, has given his consent to Foodsqureto contact him for any business promotion of Foodsqure. The Vendor confirms that Vendor shall carry out all the obligations as specified in the Terms of Service. The Vendor also undertakes to take all such measures as may be necessary to ensure that the Users do not encounter any difficulty in contacting the Vendor. In the event the Users are unable to contact the Vendor it would not be deemed to any deficiency in the Services rendered by Foodsqure. The

Vendor undertakes to comply with all the present and future TRAI regulations or regulations of any other regulatory bodies on subject matter covered under this clause and would ensure that User or Just Dial will not face any difficulty in contacting the Vendors.

5) INFORMATION DISSEMINATION

Foodsqure currently disseminates Information to the Users through different platforms, viz., telephone, internet, WAP (Wireless Access Protocol) and Wireless (SMS short code) SMS and Whatsapp. Foodsqure may, at its discretion cease providing Information over any of the above platforms or provide Information over other platforms or modify the manner in which Information is provided over any of the existing platforms, as it may deem fit, from time to time.

6) VENDOR LISTINGS

This refers to the various kinds of Listings Service that can be selected by the Vendor. Foodsqure provides the following kinds of listings Service (“Listings”): (a) Premium Listings (b) Package Listings (iii) VFL / LFL (Verified / Lifetime Listing) Package (iv) SMS-Promo Services. (v) Cost per enquiry-based packages (vi) Other Services as may be introduced by Foodsqure from time to time and or as mentioned in the invoice or the proposal forms as the case may be.

a) Normal Listing

•Vendor / Tiffin Centers will be included in the online platform by Foodsqure on the basis of the following terms and conditions.

•Foodsqure insists on providing pure food.

•Food will be Tasted by Foodsqure Taste Team.

•100% Advance payment amount will be taken by the Vendor/ Business owner only in the company account.

•Foodsqure does not undertake any responsibility to provide Customer in general/Normal listings. It depends on the food and quality of the vendor/ Tiffin center

•Will not try to attract the customer personally through the Vendor / Tiffin Centers (Set up by the Company).

•Vendor / Tiffin Centers will be barred from the online platform if they violate the rules set by the Company.

* CUSTOMER PAYMENT SETTLEMENT :- The vendor will be able to withdraw the payment within 7 to 10 working days after the custmor payment is settled .

* CUSTOMER REFUND :- When a custmor request a refund , Vendors are responsible for managing their finaces and ensuring they have suffcient funds in their wallet custmor refund .

b) Premium Listing

The Vendor agrees that the PREMIUM LISTINGS are the position-based services, which can be fixed or rotational in nature as reasonably decided by Foodsqure, as per availability in the selected categories and pin codes on the day of receipt of the payment on Foodsqure’s account. Under rotational search, in respect of specific area search, the listing of the vendors will appear on those positions, which have been opted by them. In respect of all area searches, the listings will be displayed rotationally on the basis of amounts paid by them for that category. The Vendor agrees that it shall enlist itself under the Listing which is mentioned in Clause 6 of the Terms of Service. The packages value may vary based upon the city town, medium, category, and such other parameters as may be identified by Foodsqure.In the event Vendors wish to change/add any categories/pin code etc, it will be done at additional cost, depending on the availability and discretion of Foodsqure. However in case of removal/cancellation/deletion of any categories/pin code in the existing listing, the Vendors shall not claim to reduce the cost or refund the money on the basis of removal/cancellation/deletion of any categories/pin-codes. Foodsqure reserves the right to change the modify Listing Service options by adding new listings or deleting the existing listings or adding, deleting, modifying or merging any categories or keywords or pin-codes. In the event the listing applied for is no longer available, Foodsqure shall endeavor to allot similar Listing to the Vendor. The final decision-making authority regarding Listing rests with Foodsqure, and such decisions are deemed final and binding on the Vendor.The Vendor agrees and undertakes that if the vendor has opted for the maximum number of enquiries in the contract (irrespective of tenure), under such arrangement there shall be no fixed tenure that would be defined. The tenure would be determined on the basis of maximum numbers of enquiries provided to the Vendor’s listings. The Vendor acknowledges that numbers of enquires shall solely be dependent on the market trend/response or user’s demand and Foodsqure does not guarantee on the numbers of enquiries, however it shall be its endeavour to provide the services on best effort basis.

b) Package Listings

Under Package listings, the consideration as paid by the vendor would be allocated by Foodsqure, as available, over categories and pin-codes / locations as opted by the vendor for their listing/contract. The services under package listing would be on rotational basis for a given area specific search or all area search. Vendors would be given preference on the visibility in proportion to the consideration amount paid for that category etc.

c) Verified Listing / Tied-up Kitchens (VFL) and Life time listing Package (LFL)
i) The terms as mentioned under Clause 6A shall only be applicable to VFL Package:

Foodsqure will be providing VFL package under promotional scheme to advertiser in accordance with the terms mentioned in the terms of use.

ii) In VFL package, Foodsqure will display the “foodsqure Verified” logo in Advertiser’s business listing. The verified logo would be visible as long as the advertiser’s business listing is active on Foodsqure portals subject to the terms mentioned under terms of use. For a consideration as determined and paid by the advertiser shall also provide the advertising listing under VFL package

for period upto one (1) year. The advertising listings shall be provided as per the terms mentioned under the terms of use.

iii) Foodsqure shall not be liable in any manner to provide the services or otherwise in the event of failure on the part of advertiser’s to honour the payment for VFL package. Foodsqure reserves its right to determine the listing in the event of non-payment for its services and as per its business requirement.

iv) Despite anything mentioned above, all other clauses specified under “Terms of Service for Advertiser” will remain fully applicable to the Advertiser who has availed services under VFL from Foodsqure.

d) Grab Lead:

Grab Lead means enquiry/requirement made by the User/caller about the products & services which are being offered by Vendor on Foodsqure platforms. Under the Grab Lead Services, Vendors by clicking on the “Contact User” shall be able to access the enquiry/requirement of the user placed on Just Dial platform. The Vendor who avails the Grab Lead services shall be required to pay the requisite amount as per the payment plan chosen by the Vendor.

Grab Lead services shall be provided to Vendors on first come first serve basis. Vendors agree that it will be user’s complete discretion in terms of availing the services/products from the Vendor.

The Vendor acknowledges that Foodsquredoes not verify the requirement as placed by the Users. The enquiry/requirement as shared by Just Dial with Vendors are on “as is where is basis”.

7) “Foodsqure Verified” Stamp

“Foodsqure Trusted Stamp” indicates that the identity & information of the vendors/services, viz., name, address, contact details, business name has been verified on best effort basis, as existing, based on the documents/information furnished by the vendors/service providers. “Foodsqure Trusted Stamp” are also allocated to the vendor’s/service providers considering user’s reviews/ratings or any other criteria.

8) “Foodsqure Trusted” Stamp

“Foodsqure verified” means, the information related to name, address, contact details of the business establishments have been verified as existing at the time of registering any Vendor with Foodsqure. This verification is solely based on the documents as supplied by a Vendor/s or as per the details contained in Customer E – Registration Form.

9) LISTING/ SERVICE AND OTHER FEES

a) The Vendor agrees/undertakes to pay advance and non-refundable Listing/Service Fee and other applicable charges/fees for any additional feature/upgraded services /facility etc. as availed by the vendor from time to time. The applicable charges/commercials will be determined by Foodsqure at its sole discretion.On the receipt of such fees from the Vendor, will send the e-invoice to the registered mobile number & email ID of the respective Vendor or their authorized person on their

registered contact details. Foodsqure reserves the right to recover such applicable fees, cost, expenses and taxes etc from time to time. Vendors agrees/understands that Foodsqure may present the payment mandates i.e. ECS / CCSI / NACH any number of times to receive its just dues / payments & to provide uninterrupted services.

b) The vendor/service provider can pay the fee, either by way of upfront payment (payment of entire fee), or by way of the easy instalments payment options as available. If vendor/service provider opts to pay the fee/consideration by paying instalments, under such payment schemes, the vendor/service provider shall be liable to pay to Foodsqure the initial amount (including applicable Tax), at the time of registration of listing services and the balance payment can be paid through the various payment modes such as ECS (Electronic Clearing Service); CCSI (Credit Card Standing Instruction) & NACH (National Automated Clearing House). It is hereby clarified that the services shall only be activated once the first ECS/ CCSI/ NACH payment is credited on Company's account as per the payment plan or the payment as received for the services/products as availed. Under no circumstances shall Foodsqure be liable to make any refund of amount as paid by vendor/service provider on account of deactivation/non-activation of services due to non-receipt of any payment through ECS/ CCSI/ NACH/Cheques etc..Foodsqure reserves the right, at its sole discretion, to change, modify and amend the Terms pertaining to the activation of your services at any time by publishing the amended Terms on our portals at https://www.foodsqure.com/Terms-of- Use/Service-for-Listing- Services with or without notice to you. Vendor/Service Provider are advised to check the Terms at regular interval to received uninterrupted services.

c) The vendors shall furnish the KYC documents or any other documents, as may be required by Foodsqure, on or before the first ECS/ CCSI/ NACH clearance. For the purpose of clarity, KYC documents include, (1) Passport, (2) Driving licence, (3) Voter’s Identity Card issued by the Election Commission of India, (4) Copy of Aadhar Cards, (5) Job card issued by NREGA duly signed by an officer of the State Government, (6) letter issued by the National Population Register containing details of name and address, along with PAN Card. In addition to aforesaid, the vendors also needs to furnish the documents relating to the business listing such as, Certificate of incorporation, PAN Cards of the company, Registration certificate, GST certificate, Shop & Establishment certificate, or any other Government certificate issued to running their business.

10) PAYMENT MODES

i) Foodsqure allows the Vendor to make the payments for the Services, including the payment of the Service/Listing Fee, i.e., the Total Fee including Service Fee/ Subscription Fee by way any of the following modes:

(a) Cheque; (b) Demand Draft; (c) RTGS (Real Time Gross Settlement); (d) ECS (Electronic Clearing Service); and, (e) CCSI (Credit Card Standing Instruction) (f) NACH (National Automated Clearing House)

(ii) It is hereby clarified that Foodsqure does not encourage/prefer the payments to be made in cash. Any cash payments made by the Vendor pursuant to Terms of Service with Foodsqure, shall be at the sole risk of the Vendor, without any recourse to Foodsqure. Vendors shall not share to any employee of Foodsqure Limited any banking related information or any information that is considered to be sensitive personal information within the meaning of Information Technology Act, 2000 as amended or any other law for the time being in force.

(iii) Payments can be made by the Vendor either weekly, fortnightly, monthly, quarterly and half- yearly as directed by Foodsqure. Foodsqures hall make best efforts to activate the Terms Of Service within 14 (Fourteen) working days from the date of receipt of the Service Fee and relevant documents into its bank account, for the respective Listing (subject to delay due to technical malfunctions). HoweverFoodsqurewill not be liable in any manner for any delay in activating the Service of Vendor.

11) CONSEQUENCES OF NON-PAYMENT OF SERVICE FEE / ECS AMOUNT

a) The Vendor hereby agrees that it shall make the payment via such mode which is mentioned on the Clause 10 of these Terms. Any dishonor of payments will attract provisions of Section 138 of the Negotiable Instruments Act 1881 including other appropriate legal proceedings to recover its just dues. The Vendor shall also be liable to pay interest @18 % per annum during that period. Foodsqure reserve the right to recover its just dues as per the services or the packages availed by the Vendor.

b) In the event if the Vendor fails to make any payment for the services as availed, including the Service Fee or the ECS amount, in time and as per the payment plan chosen by him, Foodsqure may also, in its sole discretion, suspend the Vendor's Listing or access to the Service, as the case may be, until the Vendor makes necessary payment. Further, the Vendor agrees and acknowledges that the Vendor shall be deemed to have waived his rights to the Service and the Vendor's listing for the period during which the Service and the Listing is suspended for non-payment. The right of Foodsqure to determine the listing, suspend the Service and the Listing shall be without prejudice to Foodsqure's right to terminate the services for any material breach committed by the Vendor. Vendor hereby acknowledges that the opted position/listing will be released to other Vendors in the event of non-payment of Service fee or ECS amount without any notice/intimation from Foodsqure.

12) LUMP SUM PAYMENT MODE

Vendors who pays the lump sum amount while availing the services under such payment mode the tenure of the Service will be equivalent to the amount paid by the Vendor.

13) ISSUANCE OF INVOICE/ANNEXURES

(a) On receipt of the consideration, the services shall be activated and once the services is activated Foodsqure shares the invoice to the Vendors on their registered email ID and/or mobile number via email/sms & other electronic modes along with an invoice & other details as may be required.

(b) Invoice is valid subject to timely realization of the payment. 14) PRIORITY OF INFORMATION ABOUT VENDORS

For Foodsqure, providing Information that is relevant to the User is a priority. The User may or may not identify the location and category in respect of which he is seeking Information and Foodsqure will provide such Information (subject to availability of such information) based on such choice of the Users. Information about Vendors registered with Foodsqure, falling within the parameters

identified by the User, is provided on a best-effort basis. However, delays may occur due to any technical malfunction. Priority among Vendors i.e., determined on the basis of the listing selected by the Vendor and on the basis of Total Fee to be paid by the Vendor. Nothing contained in the herein, shall be deemed to restrict or prevent Foodsqure from providing Users with Information about other Vendors whether in priority to the Vendors or otherwise, as Foodsqure may in its sole discretion determine. The Vendor acknowledges that Foodsqurewill merely convey the Information to the Users on demand and does not guarantee that any of such User requests will result in business prospects for the Vendor.

15) NO GUARANTEE OF BUSINESS

Foodsqure does not guarantee that enquiries/leads will be generated by it for the Vendor or that any of such enquiries/leads will be converted into business for the Vendor.

16) NO MARKETING

Foodsqure is not obliged and does not market the offerings of Vendor and shall not be obliged to recommend Vendor to the Users. Foodsqure obligation under the contract is limited to the obligations explicitly set out herein and in no event does Foodsqure undertake to generate or guarantee Enquiries or business to the Vendor.

17) INDEMNIFICATION

Vendor shall defend, indemnify, and hold harmless Foodsqure, its officers, employees, agents, Representatives from and against any claims, liabilities, demands, losses, damage, deficiencies, actions, judgments or cause of action, assessments, interests, penalties and other costs or expenses (without limitation to reasonable attorneys’ fees and expenses) arising out of or in relation to or in connection with:

a) Breach of any provision or non-performance of any of its obligations under this Terms of Service. b) By reason of any infringement of third party rights (including intellectual property rights).

c) Any representation and warranty given by Vendor under this Terms of Service being found to be untrue, false or incorrect or anything done or omitted to be done due to gross negligence, willful default or willful misconduct of the Vendor or any of its officers, directors, employees or agents or any third party claims or liability arising out of or related to Vendors’ Ads or Services.

18) CONFIDENTIALITY AND RELATED OBLIGATIONS

The Vendor shall keep any information regarding the Users of the Service (“User Information”) confidential both, during the subsistence of this Terms Of Service and after its termination. The Vendor shall not, without the prior written consent of Foodsqure, transfer (whether for consideration or otherwise) User Information to any third party for any reason whatsoever. The Vendor is specifically prohibited from using the User Information for purposes of seeking any commercial gain. In the event Foodsqure is made aware of any such practice of the Vendor in

violation of the terms of this Terms Of Service, Foodsqure shall be entitled to terminate the Services as well as initiate such legal proceedings against the Vendor, as it may deem fit at its sole discretion and without prejudice to rights available to it under applicable law.

19) VENDORS’ OBLIGATIONS TOWARDS END USERS

(a) The vendor shall be responsible for any delivery, after-sales service, payment, invoicing or collection, sales enquiries, support maintenance services and any other obligations or services relating to or in respect of the Products/services provided by Vendors to end users. Such services shall be the sole responsibility of the Vendor/vendors.

(b) If any dispute is raised by the End Users regarding the products/services, the vendor shall be obliged, forthwith, either to take back or withdraw defective goods or to withdraw or discontinue deficient services. If the vendor fails to rectify defective goods or deficient services, then the vendor must refund the consideration within the period stipulated in the bill or cash memo or receipt, or in the absence of such stipulation, within a period of two days.

c) In the event vendor is unable to resolve the grievances of any End User as per the satisfaction of End User, then Foodsqure as per its discretion reserves the right to suspend the services/terminate the services or take any other measures as it may deem fit and proper.

d) The vendor acknowledges and accepts that vendor is solely responsible (i) For falsely describing its product or service.

(ii)To give a false guarantee to, or is likely to mislead the consumers as to the nature, substance, quantity or quality of such product or service.

(iii)To deliberately conceals important information in relation to any product or service.

(iv)For falsely representing about the standard, quality, quantity, grade, composition, style or model of goods/products.

(v)For falsely represents about the standard, quality or grade of services.

(vi)For falsely representing any re-built, second-hand, renovated, reconditioned or old goods as new goods.

(vii)For falsely representing about the sponsorship, approval, performance, characteristics, accessories, uses or benefits of goods or services.

(viii)For falsely representing about the sponsorship or approval or affiliation.

(ix)Makes a false or misleading representation concerning the need for, or the usefulness of any goods or services.

(x)Gives to the public any false warranty or guarantee of the performance, efficacy or length of life of a product or of any goods.

(xi)Gives false or misleading facts disparaging the goods, services or trade.

(xii)For the goods, do not comply with the standards prescribed by the competent authority relating to performance, composition, contents, design, constructions, finishing or packaging as are necessary to prevent or reduce the risk of injury to the person using the goods

(xiii)For manufacturing of spurious goods or offering such goods for sale or adopting deceptive practices in the provision of services.

(xiv)For not issuing bill or cash memo or receipt for the goods sold or services rendered in such manner as may be prescribed.

(xv)For disclosing to other person any personal information given in confidence by the user/consumer unless such disclosure is made in accordance with the provisions of any law for the time being in force.

e) The vendors shall be solely responsible for the accuracy of all information and/or validity of the Prices and any other charges and/or other information relating to the Products and/or services. The vendors shall be solely responsible for the price to be charged by them in accordance with law time being in force.

20) VENDORS’ OBLIGATIONS TOWARDS Foodsqure LIMITED

a) The vendor acknowledges that it shall be solely responsible for all materials/information and its use of Foodsqure’s directory services. The Vendor agrees that nothing in its Materials/information or its use of the Directory Services will be false, misleading, defamatory, harassing, or threatening, will constitute unfair competition or unfair commercial practice, will violate any applicable Law, or will infringe or misappropriate the Intellectual Property Rights of any third party. The vendor is solely responsible for the activities of any contractor, representative, or any of its agents or other persons acting on its behalf in connection with this contract. The Vendor will ensure that it’s complying with all applicable Law, including Law related to data protection and privacy.

b) The vendor acknowledges that Foodsqure is basically a local search proving directory service and do not seek any fulfilment of the product / services delivered or not, and it is the vendor responsibility to deliver the goods & services whose business is listed on Foodsqure’s platform.

c) The vendor acknowledges that Foodsqure is not responsible for the goods or services, or any dispute between the vendors & end users. It is the responsibility of the vendors to resolve any dispute or claim raised by end users.

d) The vendor acknowledges that Foodsqure warrants that any proof/ intimation of dispatch of such Proof of Fulfilment provided will be authentic, whether electronic or otherwise. Provided that, if Foodsqure so requires, the physical proof of dispatch of the Proof of Fulfilment of the Product shall be made available to Foodsqure. All Proof of Fulfilment of Products shall be maintained by the vendor for a period of at least 3 (Three) year from the date of such fulfilment.

e) The vendor acknowledges that Foodsqure shall also not be responsible for any non-delivery/non- fulfilment of any Services sold by sellers/vendors to the end users. All risks associated with the delivery/fulfilment of the Products/Services shall be solely of the Vendor. Any and all disputes regarding quality, merchantability, non-delivery/non-fulfilment and delay in delivery/fulfilment of the Products/services or otherwise will be dealt with by and between the Vendors directly and End users and Foodsqure shall not be made party to such disputes. The Vendors shall hold Foodsqure saved and harmless from any such actions or claims that may be initiated against it. The vendors shall also indemnify and hold indemnified Foodsqure at all times against all such actions and claims.

f) The vendor acknowledges that Foodsqure shall not be responsible for any fault, imperfection, shortcoming or inadequacy in the quality, quantity, potency, purity or standard or nature and

manner of performance of any product or of any goods/services, sold by sellers/Vendors listed with Foodsqure’s directory service, which is required to be maintained by or under any law.

g) The vendor acknowledges and accepts that it restrains itself from:

i) unreasonable security deposits from end users for the performance of contractual obligations; or

(ii) imposing any unreasonable penalty on the end users, for the breach of contract; or

(iii) refusing to accept early repayment of debts on payment of applicable penalty; or

(iv) entitling a party to the contract to terminate such contract unilaterally, without reasonable cause; or

(v) permitting or has the effect of permitting one party to assign the contract to the detriment of the end users, without his consent; or

(vi) imposing on the end users any unreasonable charge, obligation or condition; or

(vii) manipulation of price or its conditions of delivery or to affect flow of supplies with intent to impose unjustified costs or restrictions.

21) VENDORS’ GENERAL OBLIGATIONS

(a) Vendor represents and warrants that (i) it is a bona fide business organization carrying on business in relation to the items disclosed to Foodsqure; (ii) it has the rights to use the trademarks; (iii) the business carried on by vendor does not violate or infringe upon any law or regulation and all registrations, authorizations and permission necessary approvals required for carrying on business, have been procured by it; and (iv) all information provided about itself (Vendor) to Foodsqure, is and shall at all times be accurate, valid and complete; (v) it would be solely responsible and liable for the information provided (including but not limited to the content or details pertaining to any intellectual property provided by the Vendor to Foodsqure) to Foodsqure.(vi) Vendor shall not have right to terminate the Service upto 9 months from the date of activation of the Service. For the purpose of clarity it is agreed between the parties that Foodsqure will not be liable to refund any ECS amount which has been deducted during the validity of the contract.

(b) Additional Covenants

(i) The vendor acknowledges and accepts that any grievance as to the Services will be entertained only as long as the Service remains in force and that Foodsqure will not entertain such grievances post-expiry or termination of the Service.

(ii) Vendor accepts that it is his/her responsibility to update contact information, information pertaining to its products/services using the online edit option available in their listing and keep Foodsqure updated in this regard. In the event the relevant information is not updated accurately, the Vendor would, by default, be bound by the explanation or description of the product/service or any other details of the vendor communicated by Foodsqure to the Users or any other third party;

(iii) Vendor hereby agrees to keep proper receipts, invoices and details for the transactions entered into by it (Vendor) and the User;

(iv) The Vendor undertakes to provide a copy of the licenses/ registrations or any other documents including but not limited to valid Identity proofs such as ration card, adhar card, pan card, passport,

voter id card and residential proofs such as electricity bill, telephone bill, bank passbook etc, as required by it (Vendor) to run the business. The vendor acknowledges that any breach of the covenants set forth herein may cause delay in activation, non-activation or termination of the services by Foodsqure, at its sole discretion. Vendor further acknowledges that vendor shall not be entitled for any refund, compensation, damages, expenses, interest arising of out of business loss, claims, actions, inconvenience suffered by vendor from delay in activation of services, non-activation of services or termination of the services due to their (Vendor’s) fault of not providing documents, delay in providing the relevant documents or providing incomplete documents to Foodsqure. It is further acknowledged by a vendor that Foodsqure will be at no obligation to follow-up with vendor for the documents as mentioned herein and it will be vendor’s sole responsibility including but not limited to share/upload all the relevant documents confirming their identity, address and business registration details with Foodsqure.

(v) Vendor hereby agrees and undertakes that during the term of this Contract and after its termination of this Contract (for any reason), it will not directly or indirectly forward leads/enquiries to any third party, mis-utilize, cheat, solicit, or usurp or attempt to solicit, divert or take away any of Foodsqure’s enquiries/leads. Any such conduct by vendor will lead to an immediate termination of the services and Foodsqure at its discretion will initiate proceedings against vendor before appropriate forum.

(vi) Vendor hereby agrees and confirms that during the term of this Contract and after its termination (for any reason), vendor will not directly or indirectly either for itself or for any other commercial enterprise, solicit, divert, hire or attempt to solicit, divert or usurp, any of Foodsqure’s employees, business or prospective users/callers. Vendor shall not advertise or perform any solicitation, including but not limited to solicitation of users to use the services of Vendor directly or promoting its services by any means whereby user are motivated to not to use the Foodsqure website/services or to use the Vendor website/services directly. Any conduct by vendor that in Foodsqure’s discretion restricts or inhibits any other user/customer from using or enjoying the Foodsqure services will not be permitted. During the term of this Contract and for 5 (five) years after any termination of this Contract, Vendor will not directly or indirectly, in any capacity:- (a) solicit any users of Foodsqure by means of providing discounts, gift coupons etc in the event users uses the website of vendor directly. (b) divert, entice, or otherwise take away from Foodsqure the business of any user/customer, or attempt to do so, or (c) solicit or induce any user/customer to divert or reduce its relationship with the Foodsqure. Vendor will not, and will not authorize any third party to generate automated, fraudulent or otherwise invalid enquiries, clicks or conversions, ratings, reviews etc.; conceal enquiries, conversions for Service where they are required to be disclosed or use any automated means or form of scraping or data extraction to access, query or otherwise collect listing service related information from any Property except as expressly permitted by Foodsqure. Vendor will direct communications regarding Service under the Term of Service only to Foodsqure.

(c) It is vendor’s sole responsibility to keep his id/password/login id safely so that no one can misuse it and do the changes in the listing visible on Foodsqure portals to cause any harm to Foodsqure or its users. Vendor represents that in event the loss is caused due to negligence of vendor, such as where he has shared the payment credentials, OTP details etc., then vendor will bear the entire loss and Foodsqure shall not be responsible for the same.

22) DISCLAIMER AND LIMITATION OF LIABILITY

To the fullest extent permitted by law, Foodsqure disclaims all warranties, express or implied, including without limitation for non-infringement, merchantability, satisfactory quality and fitness for purpose. To the fullest extent permitted by law, Foodsqure disclaims all guarantees regarding accurate Listing of the Vendor. Vendor understands that there may be errors in such positioning. Neither Foodsqure nor the Vendor will be liable for any consequential, special, indirect, exemplary, or punitive damages (including without limitation loss of profits, revenue, interest, goodwill) whether in contract, tort (including negligence) or any other legal theory, even if advised of the possibility of such damages and notwithstanding any failure of essential purpose or of any remedy except for vendor’s indemnification obligation. Foodsqure’s aggregate liability to the vendor is limited to amounts paid to Foodsqure by vendor during the 12 (twelve) months immediately preceding the date of the claim. Foodsqure is also not liable for any claim owing to any misrepresentation of the information pertaining to the Vendor so long as the information exhibited/ communicated by Foodsqure conforms to the Information made available by the vendor or its authorized representative.

23) ADDITIONAL DISCLAIMER

a) Vendor confirms that it will be solely responsible and liable for all matters between User and the Vendor, including but not limited to transactions entered into between such User and the Vendor. Further, it is hereby declared that Foodsqure does not verify the identity of the User of the Service and that the information provided to Vendors is the information received from the User and will not be independently verified by Foodsqure.

b) In the event of receipt of any complaints from the Users regarding the Vendor or Vendor’s product/service, Foodsqure reserves the right to discontinue the provision of Service to the Vendor or take any other action as deemed appropriate. Notwithstanding anything to the contrary contained in this Term, Foodsqure may also forfeit the amount lying to the credit of such Vendor and terminate the services at its sole discretion.

c) Vendor also agrees that at no time shall Foodsqure vouch for or guarantee the performance of services or delivery of products by the vendor and Foodsqure will not be liable for any non-payment of amounts due to the vendor by any User.

24) DISPUTE RESOLUTION

a) If the dispute raised by the Vendor regarding the defective or deficient services, Foodsqure shall be obliged, forthwith, to repair or to remove the defects in products or deficiencies in the services in question or to replace or maintain the products with new products of similar description which shall be free from any defect. Provided that Foodsqure shall not be liable to refund, if the Vendor: (i) act of omission or commission or negligence or conscious withholding any information, incomplete, and inaccurate information; (ii) does not follow the instructions or warnings issues by Foodsqure; (iii) has misused, altered, or modified the product ; (iv) fails to inform Foodsqure about the defective products or deficient services, within the period of 48 hrs, from the receipt of such products/services;(v) Foodsqure provides the products/services as per Term of Service.

b) Additionally, if Foodsqure is providing defective or deficient services evidently, due to any system error, technical issue, human error or any other acts or omissions which is beyond its control, during the tenure of the contract, then it will not be considered as material breach of the terms of this

contract. In such events, Vendor will bring it to the notice of Foodsqure and thereafter Foodsqure will conduct necessary investigation and based on the outcome of investigation may extend the services for equivalent days without any additional cost to vendor or provide other alternate solutions. The calculation of such extended period will be from the date of receipt of such intimation by Foodsqure from vendor. However, Foodsqure will have all the rights to give the details/information/system generated report evidencing that there were no default on the part of the Foodsqure, hence Foodsqure is not responsible for the extension of the services or any other alternate solutions. As mentioned under this clause, it will be the Vendor sole and exclusive remedy in the event of Foodsqure’s failure to perform the services as specified under this contract.

Any complaints or concerns with regard to content and or comment or breach of these terms, you can email to us at office@foodsqure.com with brief details of your complaint or call on our hotline No. 7649037163, 022-6962-0642 .Our customer service staff will acknowledge and redress your complaint on best effort basis and as per applicable Terms of Service.

25) TERMINATION

a) The term of this Contract begins upon Vendor’s registration or use of the Services and will end when terminated by any party (the “Term”). The Vendor may only terminate the Service, by giving 3 (three) months written notice (either by email or through registered post), prior to the automatic renewal of the same, stating his intentions of discontinuing the Services.

b) Foodsqure reserves the right to terminate the Service at any time, either with or without cause. If the Vendor commits a breach of a material duty owed to Foodsqure, Foodsqure may, at its discretion, call upon the vendor to rectify the breach within 7 (Seven) days of the receipt of notice, failing which Foodsqure may terminate the relationship between Vendor and Foodsqure.

c) Upon termination of the Service, Foodsqure will not be bound to delist the Vendor as a Vendor and cease disseminating Information of the Vendor to the Users. However upon termination, Foodsqure shall have the right to delist the Vendor without prior intimation thereof to the vendor.

d) In case of any technical difficulties in continuing the services, Foodsqure reserves the right to terminate the services by giving written/oral intimation to the vendor.

e) If the Vendor terminates the Service, either by efflux of time or by determination under this Terms of Service, the balance of the deposit placed by the vendor with Foodsqure, if any, (after deducting payments for the period/tenure for which Services have already been provided by Foodsqure) shall be retained by Foodsqure. Under no circumstances, shall the Vendor be entitled to claim a refund of amounts already paid to Foodsqure. If Foodsqure terminates the service for reasons attributable solely to Foodsqure, in any manner whatsoever, it shall either refund the amounts on proportionate basis or provide any alternate services.

f) Foodsqure may terminate the Service if vendor engages in fraud or other illegal or unethical activities, or in any activities which Foodsqure in its reasonable judgment believes is in contravention, of any laws as may be applicable from time to time or of accepted industry practice and which under the circumstances could adversely affect the reputation or business of Foodsqure.

g) This contract will be terminated forthwith by Foodsqure on the happening of any of the following events:

i) If the vendor becomes or is declared bankrupt or goes in liquidation voluntary or compulsory, except for the purpose of amalgamation or reconstruction.

ii) If the vendor ceases to carry on its business or suspends all or substantially all of its operations.

iii) If a liquidator, receiver or administrator or any encumbrances takes possession of or is appointed over the whole or any part of the assets of the Vendor.

iv) If any attachment or distress is levied against any of the assets of the Vendor.

v) If there is any material adverse change or any change in applicable law, rules, regulations, directives or guidelines, which prevents the continuing of the arrangement under this Contract.

26) NOTICES

Foodsqure shall send notices to Vendors in writing through email or Whatsapp/SMS and may be followed by registered post and dispatched through a reputed courier. Any notice refused by the Vendor would be deemed to have been legally delivered and Vendor will be deemed to have received such notice. Vendors can send notices to Foodsqure in writing on customer support email id or to company’s registered office address.

27) MODIFICATIONS TO TERMS OF SERVICE

Foodsqure reserves the right to change the Terms of Service at any time without any prior notice to the Vendor. Changes to the terms of Service or the Terms of Service shall come into effect upon from the time it is put up on the Website or by any other mode of communication as may be determined by Foodsqure. For Terms of Service with Vendor visit http://www.foodsqure.com/Terms-of-Use.

28) TAXES

Foodsqure is entitled to charge the vendor for all the taxes and charges (now in force or enacted in future) that are or may be imposed on the said Services and Listing fees (including bids arising out of Vendor’s relationship with Foodsqure) and vendor hereby agrees to pay the said taxes and charges promptly without raising any objections. Vendor also agrees that in the event, the said taxes and charges are not charged by Foodsqure and the same shall be paid by the Vendor directly to the authorities concerned without raising any objection. The vendor further agrees that the taxes and charges payable under this Clause is in addition to the fee paid by the vendor for the Listing and Services rendered by Foodsqure. i) All TDS deductions, form no. 16A should be sent

at (www.foodsqure.com) Goods and Service Tax is levied as per existing government policy. iv)Pursuant to Income Tax circular No 1/2014 dated 13-01-2014 TDS should not be deducted on Goods and Service tax. It is the responsibility of the Vendor to provide the correct Goods and Service tax number before the payments are made. If Vendor fails to provide the GST number or provide incorrect number before making the payment then the Vendor will not get due GST credit for which vendor shall be solely responsible.