AirMenus is owned and operated by Luft Technologies Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at Row House #4, Hermes Heritage Phase 2, Shastri Nagar, Yerwada, Pune – 411006, Maharashtra, India (referred to as “AirMenus”, “Company”, “we”, “us” or “our”).
These Terms of Service (“Terms”) govern access to and use of:
- the AirMenus website at www.airmenus.in;
- the AirMenus merchant dashboard and related applications;
- digital menus, QR menus and ordering websites powered by AirMenus;
- reservation, payment, delivery, loyalty, CRM, feedback, analytics and WhatsApp communication features;
- integrations made available through AirMenus; and
- any other products, tools or services offered by AirMenus.
These are collectively referred to as the “Services”.
These Terms apply to businesses that subscribe to or use the Services (“Merchants”) and individuals who access or transact through an AirMenus-powered interface (“Customers”). Merchants and Customers are collectively referred to as “Users”, “you” or “your”, as applicable.
By accessing, registering for or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Services.
1. Eligibility and Authority
You may use the Services only if you are legally capable of entering into a binding contract under applicable law.
If you use the Services on behalf of a company, partnership, restaurant, hotel or other organisation, you represent that you have the authority to accept these Terms on its behalf. In such cases, “you” includes that organisation.
If a Customer is under 18 years of age, the Services may be used only with the involvement and consent of a parent or legal guardian.
3. Merchant Accounts
3.1 Registration
To use certain Services, a Merchant must create an account and provide accurate, complete and current information. This may include business registration details, tax details, licences, outlet information, contact details, bank account information and authorised-user details.
3.2 Account Security
The Merchant is responsible for:
- keeping login credentials confidential;
- restricting access to authorised personnel;
- all activity conducted through its account; and
- promptly notifying AirMenus of any suspected unauthorised access or security incident.
AirMenus will not be responsible for losses caused by the Merchant’s failure to secure its account, except to the extent directly caused by AirMenus’ breach of applicable law.
3.3 Verification
We may request documents or information to verify the Merchant’s identity, authority, business, bank account, licences or compliance status. We may refuse activation or suspend access if the information provided is incomplete, inaccurate, misleading or cannot reasonably be verified.
4. Subscription, Fees and Taxes
4.1 Commercial Terms
Merchant subscription fees, setup fees, usage charges, communication credits, transaction-linked charges and other commercial terms will be set out in the applicable proposal, order form, invoice, plan page or written agreement (“Commercial Terms”). The Commercial Terms form part of these Terms. If there is a conflict, the signed written agreement or order form will prevail for the subject matter it covers.
4.2 Payment
Fees must be paid by the due date stated in the applicable Commercial Terms or invoice. Unless expressly stated otherwise, fees are exclusive of GST and other applicable taxes.
4.3 Renewal and Plan Changes
Subscription periods, renewals and plan changes will be governed by the applicable Commercial Terms. AirMenus may revise its pricing or plan features by giving reasonable notice before the next renewal or billing period. Continued use after the revised pricing becomes effective constitutes acceptance of the updated Commercial Terms.
4.4 Non-payment
If any undisputed amount remains overdue, AirMenus may, after reasonable notice, restrict or suspend the relevant Services until payment is received. The Merchant remains liable for amounts accrued before suspension or termination.
4.5 Refund of AirMenus Fees
Unless required by law or expressly provided in the applicable Commercial Terms, fees paid to AirMenus are non-refundable. This does not govern refunds owed by a Merchant to a Customer for an order, reservation or other Merchant offering.
5. Merchant Responsibilities
The Merchant is solely responsible for:
- maintaining all registrations, licences, approvals and permits required for its business, including food-safety, tax and local operating registrations where applicable;
- ensuring that menu descriptions, prices, taxes, product information, allergen information, availability, images and offers are accurate and not misleading;
- determining and displaying its cancellation, refund, delivery, reservation and service policies;
- fulfilling accepted orders and reservations accurately, safely and within the committed time;
- the quality, safety, legality, packaging, labelling and suitability of its products and services;
- issuing invoices, tax invoices or receipts where required;
- handling Customer complaints and statutory consumer obligations relating to its products or services;
- ensuring that its employees and authorised users comply with these Terms; and
- complying with all laws applicable to its business and use of the Services.
The Merchant must not use the Services to offer prohibited, unlawful, unsafe, counterfeit, infringing or misleading products or services.
7. Reservations
Reservations made through the Services are subject to the Merchant’s availability, confirmation, seating policies, deposit requirements, cancellation terms, minimum-spend conditions and house rules.
Where a reservation deposit or advance payment is required, the applicable refund, adjustment or forfeiture terms must be displayed by the Merchant or communicated before confirmation. The Merchant is responsible for honouring confirmed reservations and resolving disputes relating to seating, service, cancellations, no-shows or refunds.
AirMenus provides the reservation technology and related communication tools but does not guarantee table availability, admission, seating preferences, waiting time or the Merchant’s performance.
8. Payments, Settlements, Cancellations and Refunds
8.1 Payment Processing
Online payments are processed by authorised third-party payment service providers. Payment processing is subject to the provider’s terms, security checks, limits and availability.
Where supported, Customer payments are collected and settled to the Merchant through the applicable payment provider. AirMenus does not hold itself out as the seller of the Merchant’s products or as the provider of regulated payment services.
8.2 Payment Information
AirMenus does not ordinarily store complete card or banking credentials. Such information may be collected and processed directly by the relevant payment provider.
8.3 Failed or Duplicate Payments
If a payment fails, remains pending or appears to have been duplicated, the Customer should contact the Merchant or AirMenus support with the transaction details. Resolution may depend on the payment provider or issuing bank and may take the time prescribed by those entities.
8.4 Cancellations and Refunds
Orders and reservations are subject to the Merchant’s cancellation and refund policy displayed or communicated at the time of transaction. The Merchant is responsible for deciding and funding Customer refunds arising from its products or services, except where the issue is directly attributable to an AirMenus charge.
Approved refunds will be initiated through the original payment method wherever technically possible. The time taken for the refunded amount to reflect depends on the payment provider and the Customer’s bank. AirMenus may facilitate the refund workflow but does not control interbank or payment-network timelines.
Nothing in these Terms limits any non-waivable right available to a Customer under applicable consumer law.
9. Delivery and Logistics
Merchants may use their own delivery personnel or third-party logistics providers integrated with or arranged through the Services.
Delivery estimates are indicative and may be affected by order preparation, distance, traffic, weather, rider availability, incorrect addresses, access restrictions and other circumstances outside AirMenus’ control.
Unless expressly agreed otherwise, the logistics provider or Merchant is responsible for pickup, transport and delivery. AirMenus does not employ or supervise third-party riders and does not guarantee rider availability, delivery time or delivery outcome.
Customers must provide a complete and accurate delivery address, remain reachable at the contact number provided, share any required delivery confirmation code only at the appropriate time, and not make unauthorised cash payments to a rider where the order has already been prepaid.
10. Loyalty Programmes, Offers and Credits
Any loyalty programme, cashback wallet, points, coupon, discount, promotion or store credit made available through the Services is created or sponsored by the relevant Merchant unless expressly stated otherwise.
The Merchant determines eligibility, earning rules, redemption limits, validity, expiry, exclusions and cancellation terms. Loyalty benefits:
- have no cash value unless expressly stated;
- cannot be transferred or combined unless permitted by the Merchant;
- may expire in accordance with the disclosed programme rules; and
- may be corrected or withdrawn where issued due to error, misuse or fraud.
AirMenus provides the technology used to administer these programmes but is not independently liable for a Merchant’s refusal or inability to honour a benefit, except where caused solely by an error in the AirMenus platform.
11. WhatsApp, SMS, Email and Customer Communications
The Services may allow Merchants to send transactional and promotional communications through WhatsApp, SMS, email or other channels.
The Merchant is responsible for:
- having a lawful basis and all required permissions to contact recipients;
- using approved message templates where required;
- honouring opt-outs and communication preferences promptly;
- ensuring that messages are accurate, lawful and not deceptive, abusive or unsolicited; and
- complying with the policies of Meta, WhatsApp, telecom operators and other channel providers.
Delivery, read status and availability of communications depend on third-party networks and platforms and are not guaranteed by AirMenus.
Customers may opt out of promotional communications through the method provided in the message or by contacting the relevant Merchant. Transactional communications necessary to fulfil an order, reservation, payment or service request may still be sent where permitted by law.
12. Customer Data and Privacy
Our collection and processing of personal data are described in the AirMenus Privacy Policy, which forms part of these Terms.
As between AirMenus and a Merchant, the Merchant retains ownership of the Customer data it lawfully collects through its use of the Services. Each party must process personal data only for lawful purposes and in accordance with applicable data-protection law.
The Merchant is responsible for the legality of Customer data it uploads, imports or uses through the Services and for providing all required notices and obtaining all required consents. AirMenus may process such data to provide, secure, support and improve the Services, comply with law, prevent misuse and carry out other purposes described in the Privacy Policy or agreed with the Merchant.
On expiry or termination, data access and export will be handled in accordance with the applicable plan, written agreement, Privacy Policy, retention requirements and technical capabilities of the Services.
13. Third-Party Services and Integrations
The Services may connect with payment gateways, logistics providers, messaging platforms, analytics tools, social platforms and other third-party services. Use of a third-party service may require acceptance of separate terms and privacy policies.
AirMenus does not control and is not responsible for a third party’s systems, acts, omissions, service interruptions, pricing, security practices or policy changes. We may add, replace, restrict or discontinue an integration where required for security, compliance, reliability or commercial reasons.
14. Acceptable Use
You must not:
- use the Services for any unlawful, fraudulent or harmful purpose;
- impersonate another person or misrepresent your identity or authority;
- upload malware or attempt to gain unauthorised access to any account, system or data;
- interfere with the operation, security or performance of the Services;
- reverse engineer, decompile, scrape, copy or attempt to extract source code except to the extent expressly permitted by law;
- use automated means to access the Services in a manner that creates excessive load or bypasses access restrictions;
- upload or distribute content that is defamatory, obscene, deceptive, discriminatory, infringing or otherwise unlawful;
- send spam or communications without the permissions required by law or platform policy;
- misuse Customer data or disclose it without authority; or
- use the Services to develop or benchmark a competing product without AirMenus’ written permission.
We may investigate suspected misuse and may restrict or suspend access where reasonably necessary to protect Users, third parties or the Services.
15. Merchant Content
“Merchant Content” includes menus, product information, prices, logos, trademarks, photographs, videos, text, offers and other materials supplied or approved by a Merchant.
The Merchant retains ownership of its Merchant Content. By submitting Merchant Content, the Merchant grants AirMenus a non-exclusive, worldwide, royalty-free licence to host, reproduce, format, display, transmit and otherwise use it to provide, promote and support the Services and the Merchant’s AirMenus-powered presence.
The Merchant represents that it owns or has all rights required to use the Merchant Content and that the content does not violate any law or third-party right. AirMenus may remove or restrict content that appears unlawful, infringing, unsafe or inconsistent with these Terms.
17. Feedback
If you provide ideas, suggestions or feedback relating to the Services, you permit AirMenus to use them without restriction or payment, provided that we do not publicly identify you as the source without permission.
18. Service Availability and Changes
We aim to keep the Services reliable and available but do not guarantee uninterrupted or error-free operation. Access may be affected by maintenance, updates, internet failures, third-party outages, security incidents or events outside our reasonable control.
We may update, enhance, replace or discontinue features from time to time. Where a change materially reduces a paid core feature during an active subscription, we will use reasonable efforts to provide advance notice or a commercially reasonable alternative, except where immediate action is required for security, legal or third-party dependency reasons.
19. Suspension and Termination
19.1 By the Merchant
A Merchant may terminate or choose not to renew the Services in accordance with the applicable Commercial Terms. Amounts already accrued remain payable.
19.2 By AirMenus
We may suspend or terminate access if:
- fees remain overdue after notice;
- the User materially breaches these Terms or applicable law;
- the account or Services are used fraudulently or create a security risk;
- continued provision may expose AirMenus, Users or third parties to legal or reputational harm;
- a required third-party service or authorisation becomes unavailable; or
- we discontinue the relevant Service.
Where reasonably possible, we will provide notice and an opportunity to cure the issue before termination. Immediate suspension may be imposed where necessary to prevent fraud, security threats, unlawful conduct or harm.
19.3 Effect of Termination
On termination, the right to use the affected Services ends. Provisions concerning payment obligations, intellectual property, confidentiality, data protection, disclaimers, liability, indemnity and dispute resolution will survive to the extent necessary to give them effect.
20. Confidentiality
Each party may receive non-public business, technical, commercial or Customer information belonging to the other. The receiving party must protect such information using reasonable care and use it only for the purpose for which it was disclosed.
Confidentiality obligations do not apply to information that is publicly available without breach, lawfully known before disclosure, independently developed, lawfully received from another source or required to be disclosed by law. Where legally permitted, the receiving party will provide reasonable notice before a compelled disclosure.
21. Disclaimers
To the maximum extent permitted by law, the Services are provided on an “as is” and “as available” basis. AirMenus disclaims implied warranties of merchantability, fitness for a particular purpose, uninterrupted availability and non-infringement.
AirMenus does not warrant that:
- every menu, price, image, offer or Merchant statement is accurate;
- a Merchant will accept or fulfil an order or reservation;
- a product or service will meet a Customer’s expectations or dietary needs;
- a third-party payment, delivery or messaging service will always be available; or
- use of the Services will produce any specific revenue, Customer-engagement or business result.
Nothing in these Terms excludes any warranty or right that cannot lawfully be excluded.
22. Limitation of Liability
To the maximum extent permitted by law, AirMenus will not be liable for any indirect, incidental, special, exemplary, punitive or consequential loss, or for loss of profits, revenue, goodwill, business opportunity or data, arising from or connected with the Services.
For claims by a Merchant, AirMenus’ total aggregate liability arising out of or relating to the Services will not exceed the fees paid or payable by that Merchant to AirMenus for the affected Services during the 12 months immediately preceding the event giving rise to the claim.
The above limitations do not apply to liability that cannot be limited under applicable law, or to fraud or wilful misconduct established against AirMenus.
AirMenus is not liable for the acts or omissions of a Merchant, Customer, payment provider, logistics provider, communication platform or other third party. Nothing in this section limits a Customer’s non-waivable statutory rights.
23. Indemnity
The Merchant will defend, indemnify and hold harmless AirMenus, its affiliates, directors, officers and employees from third-party claims, losses, penalties, damages and reasonable costs arising from:
- the Merchant’s products, services, premises, fulfilment or Customer dealings;
- inaccurate, unlawful or infringing Merchant Content;
- the Merchant’s breach of these Terms, applicable law or third-party rights;
- taxes, licences, food safety, product safety or consumer claims attributable to the Merchant;
- the Merchant’s unlawful collection or use of personal data; or
- communications sent by or on behalf of the Merchant without the required permissions.
This obligation will not apply to the extent a claim is directly caused by AirMenus’ fraud, wilful misconduct or material breach of these Terms.
24. Force Majeure
Neither AirMenus nor a Merchant will be liable for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, epidemics, war, civil disturbance, government action, internet or telecom failure, power outages, cyberattacks, strikes, payment-network failure or third-party platform outages. Payment obligations that accrued before the event are not excused.
25. Electronic Communications
You consent to receive agreements, notices, invoices, disclosures and other communications electronically, including by email, dashboard notification, WhatsApp, SMS or publication through the Services. Electronic acceptance and communications will have the same legal effect as written communications to the extent permitted by law.
You are responsible for maintaining current contact information and reviewing communications sent to your registered contact details.
26. Changes to These Terms
We may update these Terms to reflect changes in the Services, law, security requirements or business practices. The revised Terms will be posted with an updated “Last Updated” date.
Where a change materially affects the rights or obligations of existing Merchants, we will provide reasonable advance notice through the registered email address, merchant dashboard or another appropriate channel. Continued use of the Services after the revised Terms take effect constitutes acceptance of the updated Terms.
27. Governing Law and Dispute Resolution
These Terms are governed by the laws of India.
Before starting formal proceedings, the parties will attempt in good faith to resolve the dispute by written notice and discussion for at least 30 days.
Any dispute between AirMenus and a Merchant that is not resolved amicably will be referred to arbitration by a sole arbitrator mutually appointed by the parties, in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration will be Pune, Maharashtra, India. The proceedings will be conducted in English. The arbitral award will be final and binding.
Subject to the arbitration provision above, courts in Pune, Maharashtra will have exclusive jurisdiction.
For Customers, this section does not restrict access to any consumer commission, court, regulator or other remedy available under applicable law.
28. General Provisions
28.1 Entire Agreement
These Terms, the Privacy Policy, applicable Commercial Terms and any signed written agreement constitute the entire agreement relating to the Services and supersede prior discussions on the same subject.
28.2 Order of Precedence
If documents conflict, the following order applies: (1) a signed written agreement; (2) an order form or proposal; (3) these Terms; and (4) general website or marketing content, unless expressly stated otherwise.
28.3 Assignment
You may not assign your rights or obligations under these Terms without AirMenus’ prior written consent. AirMenus may assign these Terms as part of a merger, restructuring, acquisition, sale of business or transfer to an affiliate, subject to applicable law.
28.4 Severability
If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will continue in effect.
28.5 Waiver
Failure to enforce a provision is not a waiver of the right to enforce it later.
28.6 No Partnership
Nothing in these Terms creates a partnership, joint venture, agency, employment or franchise relationship between AirMenus and any Merchant or Customer.
28.7 Notices
Notices to a Merchant may be sent to the email address registered with the account or displayed in the merchant dashboard. Legal notices to AirMenus must be sent to the contact details below.
29. Grievance Redressal and Contact Details
For questions, complaints or grievances relating to the Services or these Terms, please contact:
Grievance Officer
We will acknowledge and address grievances within the timelines required under applicable law.