Joint Venture for Burger Franchise by Investment Consulting USA
Letter of Consent- FOODMINGO.COM
1. _______________________________________________________
Reg. Office: Flat No 204, Tataji Creative Heights, Botanical Garden Road, Masjid Banda. Serlingampally,
Hyderabad-500032 | Tel: 040-3316 3316 / 8464900000
Letter of Consent
____________________________________________________, owner/manager
of________________________________________________ (restaurant) hereby consent to enter an agreement
with FoodMingo. The FoodMingo will accept orders from customers on behalf of,the restaurant that will be
communicated to the restaurant. It is the responsibility of the restaurant to process these orders in a timely
fashion.
Terms and Conditions:
1.1 Manufacturing of Goods
Restaurants will have the complete responsibility in the manufacturing of the goods (such as, food items) as
mentioned in the order including the preferences. FoodMingo will not have any responsibility for the quality of
these goods.
1.2 Delivery
1.2.1 Restaurants with Delivery
Once the order is communicated to the restaurant, the delivery of the Goods to the customer within 60 mins will be
the responsibility of restaurant.
1.3 Defective Goods
Goods which do not meet the food standards specified by FoodMingo or preferences specified by the customer
mentioned in the order will be treated as defective good. Restaurant will own the complete responsibility for any
defective goods delivered to the customer, and also will be liable for any costs or damages incurred by FoodMingo
or customer. Customer and FoodMingo will hold the right to claim cost and damages incurred from the restaurant.
Some of the cases where an order or good will be treated as defective are as under:
2. _______________________________________________________
Reg. Office: Flat No 204, Tataji Creative Heights, Botanical Garden Road, Masjid Banda. Serlingampally,
Hyderabad-500032 | Tel: 040-3316 3316 / 8464900000
● Deviations from the order
● Delivery to an incorrect location
1.4 Table Booking and Banquet Booking
In case of table booking and banquet booking, if any issue arises between the restaurants and the customer
related to pricing, quality, ambience or any other needs to be resolved by the parties involved. FoodMingo will not
be obliged to get involved or take any liability. Some of the issues that may arise are as under,
● Incorrect table bookings (i.e. booking the table for incorrect date and/or time)
● No table booking (I.e. restaurant forgot to reserve the table)
● Menu Discrepancies in Banquet Booking
Any liabilities in either cost or any other kind arising out of the above mentioned reasons will be borne by the
restaurant.
1.5 Price of the Goods
Price of the goods published on FoodMingo will be managed by the restaurant staff and FoodMingo will not be
responsible for any errors made by the restaurant. Restaurant is obliged to provide the goods to FoodMingo
customer on the published prices. (i.e. if item costs 100Rs and the restaurant publishes it as 50Rs, the restaurant
will be obliged to deliver the item at 50Rs and not 100Rs).
1.6 Deals and Discounts
Deals and discounts published on FoodMingo specific to restaurant will be managed by the restaurant staff and
FoodMingo will not be responsible for any errors made by the restaurant. Restaurant is obliged to honor the deal
and discount for FoodMingo customer as published. (i.e if a 20% discount on order is published on FoodMingo for
the restaurant, the restaurant will be obliged to deliver the item at 20% discounted price).
1.7 Indemnity and liability
If, as a result of restaurant negligence, the customer or customers’ friends & relatives suffer an injury or property
damage, the restaurant will be liable and responsible for appropriate reimbursements.
3. _______________________________________________________
Reg. Office: Flat No 204, Tataji Creative Heights, Botanical Garden Road, Masjid Banda. Serlingampally,
Hyderabad-500032 | Tel: 040-3316 3316 / 8464900000
1.8 Agreement for the restaurant details to be used
1.8.1 Restaurant approves the information including menus, offers, logos, contact details or any other
relevant details (reviews and ratings by the Customers) to be published on FoodMingo website and other
marketing materials.
1.8.2 FoodMingo holds complete rights as to what information should be published, unless agreed
otherwise with the restaurant.
1.8.3 FoodMingo will not be obliged to answer any queries related to the ratings or reviews given by
customers and have all the rights to publish these ratings to public.
1.9 Duration and Termination
1.9.1 The initial duration of this agreement will be one year and will be automatically rolled for another
year unless the parties in question send out a written notice to each other.
1.9.2 FoodMingo holds the right to terminate the contract with the restaurant by giving a one month
notice. FoodMingo holds the right to terminate the contract immediately if a customer complaint is logged
against the restaurant.
1.9.3 Restaurant will be required to give one month notice to terminate his association with FoodMingo.
1.9.4 In the notice period, restaurant will be obliged to provide the items and services as previously
agreed.
1.9.5 In case of termination, the liability of the either parties is limited to unsettled invoices and
payments till the date.
1.9.6 FoodMingo holds the right to terminate the contract without any notice before the official launch
of the FoodMingo portal.
4. _______________________________________________________
Reg. Office: Flat No 204, Tataji Creative Heights, Botanical Garden Road, Masjid Banda. Serlingampally,
Hyderabad-500032 | Tel: 040-3316 3316 / 8464900000
1.10 Settlement, Commissions and Collections
1.11 Collections
The collection or payment responsibility for a transaction will vary as mentioned below:
1.11.1.1 Cash On Delivery
It is the responsibility of the restaurant to collect the payment from the customer in cases where customer chose
to make a payment in cash on delivery. Restaurant is liable to settle the commission as stated in section 1.10.3.1
with FoodMingo.
1.11.1.2 Take Out Delivery
It is the responsibility of the restaurant to collect the payment from the customer in cases where customer chose
to take-out the food from the restaurant ordered on FoodMingo. Restaurant is liable to settle the commission as
stated in section 1.10.3.2 with FoodMingo.
1.11.1.3 Table Booking
It is the responsibility of the restaurant to collect the payment from the customer in cases where customer uses
FoodMingo for booking a table in the restaurant. Restaurant is liable to settle the commission as stated in section
1.10.3.3 with FoodMingo.
FoodMingo is not liable for any payments to restaurant or customer in cases where,
● Customer used FoodMingo for table booking but does not come or does not come on-time.
● Customer used FoodMingo for table booking and does not order.
● Any other conditions for which FoodMingo cannot be held responsible.
5. _______________________________________________________
Reg. Office: Flat No 204, Tataji Creative Heights, Botanical Garden Road, Masjid Banda. Serlingampally,
Hyderabad-500032 | Tel: 040-3316 3316 / 8464900000
1.11.1.4 Online Payment
It is the responsibility of FoodMingo to collect the payment from the customer in cases where customer chose to
make a payment on FoodMingo portal. FoodMingo is liable to make the payment for ordered goods at the prices
mentioned in the order after deducting the commissions as stated in section 1.10.3.4 with restaurant.
1.11.2 Settlement
FoodMingo and restaurant needs to settle invoices on a (daily/weekly/bi-weekly/Monthly) using _____________
(cash/cheque/credit card/bank transfers) as mode of payment.
1.11.3 Commissions/Invoices
As mentioned in section 1.9.2, all the commissions and invoices need to be settled between FoodMingo and
restaurant. The commission and invoices will vary based on transaction/payment type as mentioned below:
1.11.3.1 Cash On Delivery
It is the responsibility of the restaurant to collect the payment from the customer in cases where customer chose
to make a payment in cash on delivery. Restaurant is liable to make a payment equivalent to 10 % of the order
value to FoodMingo.
1.11.3.2 Take Out Delivery
It is the responsibility of the restaurant to collect the payment from the customer in cases where customer chose
to take-out the food from the restaurant ordered on FoodMingo. Restaurant is liable to make a payment equivalent
to 10% of the order value to FoodMingo.
1.11.3.3 Table Booking
It is the responsibility of the restaurant to collect the payment from the customer in cases where customer uses
FoodMingo for booking a table in the restaurant. Restaurant is liable to make a payment of 10% the order value
to FoodMingo.
6. _______________________________________________________
Reg. Office: Flat No 204, Tataji Creative Heights, Botanical Garden Road, Masjid Banda. Serlingampally,
Hyderabad-500032 | Tel: 040-3316 3316 / 8464900000
1.11.3.4 Online Payment
It is the responsibility of FoodMingo to collect the payment from the customer in cases where customer chose to
make a payment on FoodMingo portal. FoodMingo is liable to make a payment equivalent to 88% of the order
value to the restaurant.
1.11.3.5 Banquet Booking
It is the responsibility of the restaurant to collect the payment from the customer in cases where customer uses
FoodMingo for booking a Banquet in the restaurant. Restaurant is liable to make a payment of 10% the
order value to FoodMingo.
1.12 Amendments to terms and conditions
FoodMingo holds the right to make amendments to the terms and services at any point with written notice to the
restaurant.
7. _______________________________________________________
Reg. Office: Flat No 204, Tataji Creative Heights, Botanical Garden Road, Masjid Banda. Serlingampally,
Hyderabad-500032 | Tel: 040-3316 3316 / 8464900000
The agreement is between the following parties FoodMingo, whose registered office is Flat No 204, Tataji
Creative Heights, Botanical Garden Road, Masjid Banda. Serlingampally, Hyderabad-500032
And
_________________________________________________________ (restaurant name), whose registered office
is ________________________________________________________________________________________
(Address of the Restaurant).
I have read and accept the agreement and the conditions within.
Signed for and on behalf of Signed for and on behalf of
FoodMingo Restaurant
By: _____________________ By: ____________________
Name: __________________ Name: _________________
Title: Director Title:___________________
Date:___________________ Date:___________________