Terms of Service

eRestro is a software-as-a-service platform for restaurants. It provides QR-code based digital menus, guest ordering, kitchen display, table and floor management, billing and receipt tools, and related features. We provide the software; the restaurant operates its own business, menu, pricing, food, and service using the Service.

We may add, change, or remove features over time. We aim to give reasonable notice of material changes that adversely affect paying customers.

Restaurant accounts are created through our onboarding process. You are responsible for keeping your login credentials confidential and for all activity under your account. You must provide accurate information and keep it up to date. You must notify us promptly of any unauthorised use of your account.

You are responsible for the conduct of your staff users (owners, managers, waiters, kitchen users) and for ensuring they use the Service in line with these Terms.

You agree not to:

• use the Service for any unlawful purpose or in breach of any applicable law or regulation;
• list items you are not licensed or permitted to sell, or misrepresent food, allergens, pricing, or taxes to guests;
• attempt to gain unauthorised access to the Service, other accounts, or our systems, or interfere with their normal operation;
• copy, scrape, reverse-engineer, or resell the Service except as expressly permitted by law;
• upload malware, send spam, or use the Service to harass or harm others.

We may suspend or terminate access that we reasonably believe violates these Terms or poses a risk to the Service, other customers, or guests.

Restaurant guest billing.When a guest orders and pays at a restaurant using the Service, that transaction is between the guest and the restaurant. Payments — including UPI (GPay, PhonePe, Paytm, BHIM and similar), cash, or card — are collected by or on behalf of the restaurant, not by NexG. The restaurant is the merchant of record for guest orders, is responsible for the food and service, and is responsible for any refunds, cancellations, taxes, and tax invoices arising from guest transactions. NexG does not hold guest funds and is not a party to the guest’s purchase.

Restaurant subscription fees. Fees that a restaurant owes to NexG for use of the Service (subscription or plan fees) are governed by the plan or order form you agree to. Unless stated otherwise, subscription fees are exclusive of applicable taxes (including GST), are payable in advance, and are non-refundable except where required by law or expressly agreed in writing.

We may change subscription pricing on prospective notice. Continued use after a price change takes effect constitutes acceptance of the new price.

Our handling of personal data is described in our Privacy Policy, which forms part of these Terms. In broad terms, the restaurant is the controller of guest data it collects through the Service (such as guest phone numbers and order history), and NexG processes that data on the restaurant’s behalf to provide the Service. Each party will comply with applicable data-protection law, including India’s Digital Personal Data Protection Act, 2023 (the “DPDP Act”) as and when its provisions come into force.

The Service, including its software, design, and the eRestro name and marks, is owned by NexG and its licensors and is protected by law. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription, solely for operating your restaurant. You retain ownership of your own content (menu, branding, and data you upload), and grant us the licence needed to host and process it to provide the Service.

We work to keep the Service available and reliable, but we do not guarantee uninterrupted or error-free operation. The Service may be unavailable during maintenance or due to factors outside our control. Support is provided on the terms of your plan.

To the maximum extent permitted by law, the Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by law, NexG will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill. Our total aggregate liability arising out of or relating to the Service will not exceed the amount of subscription fees you paid to us for the Service in the twelve (12) months immediately preceding the event giving rise to the claim. Nothing in these Terms excludes liability that cannot be excluded under applicable law.

You will indemnify and hold NexG harmless from claims, losses, and expenses arising out of your use of the Service, your content, your transactions with guests, or your breach of these Terms or applicable law.

These Terms apply for as long as you use the Service. Either party may terminate as set out in your plan or order form. We may suspend or terminate access for material breach, non-payment, or risk to the Service. On termination, your right to use the Service ends; we will handle your data as described in the Privacy Policy and applicable law.

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date and, where appropriate, provide additional notice. Continued use of the Service after changes take effect constitutes acceptance.

These Terms are governed by the laws of India. Subject to any mandatory consumer protections, the courts at Bhopal, Madhya Pradesh, India will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service.

Questions about these Terms can be sent to connect@erestro.in.