Terms & Conditions

By accessing, registering on, or placing an order through the Platform, you represent that you are at least 18 years of age, competent to contract under Section 11 of the Indian Contract Act, 1872, and that you have read, understood, and agreed to be bound by these Terms and by our Privacy Policy, Refund and Cancellation Policy, Cookie Policy, each incorporated herein by reference. If you are using the Platform on behalf of a body corporate, you represent that you are duly authorised to bind that entity.

In these Terms, the following expressions have the meanings assigned to them:

• "Platform" means the website www.wahswaad.com, the Wah Swaad mobile application, and all related services and sub-domains.
• "User" or "Customer" means any natural or legal person who accesses, registers on, or transacts on the Platform.
• "Vendor" means an independent cloud kitchen, home chef, or food business operator listed on the Platform for sale of food products.
• "Delivery Partner" means any third-party individual or entity engaged to carry out last-mile delivery of orders.
• "Order" means a confirmed purchase request placed by a User on the Platform.
• "Content" means any text, images, reviews, ratings, photographs, audio, video, location data, and all other forms of information uploaded or generated on the Platform.
• "Services" means the Platform Services (marketplace facilitation) and Delivery Services together.

Wah Swaad operates in two capacities:

• As a Food Business Operator: Wah Swaad manufactures, packages, and sells its own branded authentic Indian snacks, festival hampers, and associated products under its FSSAI Central Licence No. 13625999000114, valid up to 17 February 2027.
• As a Marketplace E-Commerce Entity: Wah Swaad operates a technology-enabled marketplace connecting Customers with independent Vendors for preparation and delivery of food products. In this capacity, Wah Swaad is an intermediary under Section 2(1)(w) of the IT Act and a marketplace e-commerce entity under the E-Commerce Rules, 2020. Except in respect of products expressly branded, manufactured, or sold by Wah Swaad, the Vendor is the seller solely responsible for food safety, hygiene, quality, allergen disclosure, labelling, and compliance with the Food Safety and Standards Act, 2006 and the Legal Metrology Act, 2009. Wah Swaad, as a marketplace e-commerce entity, shall not adopt any unfair trade practice, including manipulation of prices, and shall not discriminate between consumers of the same class in violation of Rule 5 of the E-Commerce Rules, 2020. In accordance with FSSAI directions for e-commerce FBOs, Wah Swaad displays its FSSAI licence number and each Vendor's FSSAI licence or registration number on the Platform, and reserves the right to delist any Vendor whose licence is suspended, cancelled, expired, or invalid. Wah Swaad provides search results based on parameters such as location, user ratings, delivery speed, and promotional status. Any 'sponsored' or 'ad' listings will be clearly marked as such.

• You must be 18 years of age or older and competent to contract under Indian law.
• You must provide accurate, current, and complete registration information and keep it updated.
• You are solely responsible for the confidentiality of your login credentials and all activities under your account.
• You must promptly notify us of any unauthorised use of your account at support@wahswaad.com.
• You are permitted to hold only one account. Creation of multiple or duplicate accounts may result in suspension or termination of all associated accounts without compensation.
• By creating an account, you provide express consent to receive transactional and promotional communications (via SMS, WhatsApp, Email, or Push Notifications) from Wah Swaad and its Delivery Partners. You may opt out of promotional messages at any time through the Platform settings or by following the unsubscribe instructions.
• We may refuse registration, suspend, or terminate accounts for breach of these Terms, fraud, abusive conduct, or misuse.

While using the Platform, you agree that you will not host, display, upload, modify, publish, transmit, store, update, or share any information that:

• Statutory Prohibitions:: Is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy (including bodily privacy), insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force, as specified in Rule 3(1)(b) of the IT Rules, 2021.
• Misinformation & AI:: Is misinformation or contains synthetically generated or modified content (Deepfakes) designed to mislead or deceive the addressee about the origin of the message.
• Intellectual Property:: Infringes any patent, trademark, copyright, or other proprietary rights of any party.
• National Security:: Threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order.
• Child Safety:: Is harmful to children in any manner.
• Malicious Activity:: Contains software viruses, malware, or any other computer code designed to interrupt, destroy, or limit the functionality of the Platform.
• Impersonation:: Impersonates another person, entity, or Vendor, or provides false information to circumvent the Platform’s security.
• Platform Integrity:: You shall not:
  • Attempt to reverse engineer, decompile, scrape, or crawl the Platform.
  • Circumvent the Platform by contacting Vendors directly for transactions that originated on the Platform.
  • Misuse refund, coupon, referral, cashback, or loyalty mechanisms.
  • Provide false, inaccurate, or incomplete delivery addresses or contact details.
  • Resell, commercially exploit, or act as an agent for products purchased through the Platform without prior written authorisation from Wah Swaad.

Each Vendor, by listing products on the Platform, represents and warrants that:

• It holds a valid FSSAI licence or registration and complies with the Food Safety and Standards Act, 2006 and all regulations thereunder.
• All listings, ingredient lists, allergen declarations, nutritional information, expiry dates, MRP, and pricing are accurate and comply with the Legal Metrology Act, 2009 and the Legal Metrology (Packaged Commodities) Rules, 2011.
• It holds all other required licences and registrations, including GST registration under the CGST Act, 2017.
• It will issue tax invoices in accordance with the CGST Act, 2017.
• It will maintain hygienic preparation, storage, and packaging conditions.
• It will honour accepted orders and maintain consistent quality.
• It will comply with all directions issued by Wah Swaad, including food safety audit and grievance redressal directions.
• It will not engage in fraudulent, misleading, or deceptive listing practices, and will promptly update product information to reflect any change in ingredients, allergens, price, or availability.

• Placing an order constitutes a binding offer to purchase by the User. The order is accepted, and a binding contract is formed, only when Wah Swaad or the Vendor confirms acceptance through the Platform or by notification.
• Vendors are solely responsible for ensuring that the Principal Display Panel (including MRP, Net Weight, and Best Before date) is clearly visible to the User on the product listing page before purchase.
• Prices displayed on the Platform are inclusive of all applicable taxes, and the tax breakdown is shown at checkout. GST is charged in accordance with the CGST Act, 2017, State GST Acts, and the IGST Act, 2017.
• TCS is applied by the Company under Section 52 of the CGST Act, 2017 for Vendor transactions facilitated through the Platform.
• Payment processing is handled by RBI-regulated payment aggregators and gateways. Wah Swaad does not store full card numbers, CVV, or UPI PINs.
• Wah Swaad reserves the right to charge a convenience fee or platform fee, disclosed at checkout before payment is confirmed.
• You agree not to chargeback or reverse any payment in a fraudulent manner.
• While we strive for accuracy, if a product is listed at an incorrect price due to a typographical error or technical glitch, Wah Swaad reserves the right to cancel any orders placed for that product, even if the order has been confirmed. In such cases, a full refund will be issued, and this shall be our sole liability.

The Platform sells perishable food items. Before placing or consuming any order, review the ingredient list, allergen information, best-before dates, storage instructions, and dietary markers. If you have any known allergy, intolerance, or medical condition, verify product suitability with the Vendor before consumption. Wah Swaad is not a substitute for medical advice.

All content on the Platform, including trademarks, logos, software, design, graphics, text, images, audio, and video, is the exclusive property of Wah Swaad or its licensors and is protected under the Copyright Act, 1957, the Trade Marks Act, 1999, the Designs Act, 2000, and other applicable laws. No content may be reproduced or distributed without prior written permission, except for personal non-commercial use.

You grant Wah Swaad a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable licence to use, reproduce, modify, adapt, publish, translate, and display any content you upload (including reviews, ratings, photographs, and feedback) for the purposes of operating, promoting, and improving the Platform. You represent that such content is your original work and does not infringe any third-party rights.
Wah Swaad reserves the right to moderate, remove, or restrict content that violates applicable law or these Terms, without liability.

Wah Swaad is an intermediary under Section 79 of the IT Act and complies with the IT Intermediary Rules, 2021. We are not liable for third-party content uploaded by Users or Vendors. We will act on notices of unlawful content under the said Rules and cooperate with lawful orders of competent authorities.
Wah Swaad maintains a Grievance Officer and Nodal Officer as required under the IT Intermediary Rules, 2021, whose details are in Section 17.

As a marketplace e-commerce entity under the E-Commerce Rules, 2020, Wah Swaad will:

• Display the legal name, principal geographic address, website name, and contact details on the Platform.
• Display accurate Vendor information so that consumers can make informed decisions.
• Not engage in unfair trade practices or discriminate between consumers of the same class.
• Not engage in mis-selling, false representation, or deceptive design patterns that manipulate User choices in violation of the Consumer Protection Act, 2019.
• Provide grievance redressal through the Grievance Officer detailed in Section 17.
• Clearly identify sponsored or promoted listings as such, and not display products or offers prohibited by law.
• Maintain a record of all sellers and goods or services being offered on the Platform for a period of at least three years following the last transaction on such listing.

To the maximum extent permitted by applicable law, Wah Swaad, its directors, officers, employees, and agents shall not be liable for: (a) food quality, safety, taste, allergens, or medical consequences from Vendor products; (b) delivery delays attributable to Vendors, Delivery Partners, or force majeure events; or (c) any indirect, incidental, special, punitive, or consequential damages, including loss of profit, goodwill, or data.
Our aggregate liability for any claim shall not exceed the amount actually paid by you for that particular order. Nothing in these Terms excludes liability that cannot be excluded under applicable law, including under the Consumer Protection Act, 2019.

You agree to indemnify, defend, and hold harmless Wah Swaad, its affiliates, directors, officers, employees, and agents from and against all claims, liabilities, losses, damages, and expenses (including reasonable legal fees) arising from: (i) your breach of these Terms; (ii) your violation of any law or third-party rights; or (iii) content uploaded by you on the Platform; (iv) any unauthorised use or disclosure of third-party personal data by you.

We may suspend or terminate your access to the Platform, with or without notice, if you breach these Terms, engage in unlawful or fraudulent activity, or if continued provision of services is not legally or commercially feasible. You may close your account at any time by writing to support@wahswaad.com. Obligations that by their nature survive termination, including payment obligations, indemnities, and limitations of liability, shall continue to apply.

Wah Swaad shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, pandemics, war, terrorism, civil unrest, strikes, internet or infrastructure failures, governmental action, or regulatory restrictions.

In accordance with Rule 3(2) of the IT Intermediary Rules, 2021 and Rule 4(4) and Rule 4(5) of the E-Commerce Rules, 2020, our Grievance Officer and Nodal Officer may be contacted at:

Acknowledgement will be provided within 24 hours and a reasoned response within 15 days, and in any event within one month from the date of receipt, or such shorter period as may be prescribed under applicable law.
In the event that you are dissatisfied with the resolution provided by our Grievance Officer, you may prefer an appeal to the Grievance Appellate Committee (GAC) at https://gac.gov.in within 30 days of receiving our response.

The rules governing cancellations, refunds, replacements, and returns are set out in our Refund and Cancellation Policy, which forms part of these Terms and is available on the Platform. Key provisions include are summarised below for convenience; in the event of any conflict, the Refund and Cancellation Policy prevails:
(a) Customers may cancel an order free of charge before preparation has commenced. Once preparation commences, cancellation is not permitted.
(b) Refunds are available for defective, expired, contaminated, incorrect, or materially different products, missing items, or tampered packaging, subject to a claim raised within 24 hours of delivery with supporting evidence.
(c) Approved refunds are processed to the original payment method, ordinarily initiated within 2 business days and credited within 5 to 7 business days, subject to banking timelines.
(d) For unresolved disputes, Customers may approach the Grievance Officer, the appropriate consumer dispute redressal commission under the Consumer Protection Act, 2019, or the National Consumer Helpline at 1915.

The following provisions govern the processing, dispatch, and delivery of orders placed on the Platform, and supersede any separate Shipping and Delivery Policy previously published.

Wah Swaad delivers to serviceable pin codes across India through its partner network and third-party logistics providers. Serviceability is confirmed at checkout. International shipping is available to select destinations, subject to local regulatory compliance.

• Orders are processed after successful payment confirmation or, for cash on delivery, after order acceptance.
• Freshly cooked items are generally dispatched the same day. Ambient or shelf-stable snacks and hampers are dispatched within 0 to 7 business days, subject to stock availability.
• Dispatch confirmation is sent by email, SMS, or push notification with tracking details where available.

Estimated delivery timelines on the Platform are indicative and not guaranteed. Actual delivery may vary based on distance, route conditions, weather, local restrictions, and third-party delivery partner performance.

Vendors must use food-safe, tamper-evident materials in compliance with the Food Safety and Standards (Packaging) Regulations, 2018, the Food Safety and Standards (Labelling and Display) Regulations, 2020, and the Legal Metrology (Packaged Commodities) Rules, 2011.

Shipping charges, delivery charges, handling fees, and applicable GST are displayed at checkout before payment. GST is collected and deposited in accordance with the CGST Act, 2017 and applicable State and IGST Acts.

Risk and title in products pass to the Customer upon delivery to the Customer or to a person at the delivery address who reasonably appears to be authorised to accept delivery.

To ensure secure delivery, you may be required to provide a One-Time Password (OTP) or proof of identity to the Delivery Partner. We reserve the right to refuse delivery if the person receiving the order is unable to provide the required verification.

• Delivery will ordinarily be attempted 1 to 3 times. If delivery fails on account of the Customer (incorrect address, refusal to accept, unresponsive phone, or absence), reattempt fees may apply.
• If an order is returned to origin on account of Customer fault, refunds may be reduced by applicable logistics charges or denied to the extent permitted by law.
• For freshly cooked food or perishable items, only one delivery attempt will be made. If the Customer is unreachable or provides an incorrect address, the order will be disposed of, and no refund will be issued. If a shipment is marked as delivered but not received, or is lost in transit, please write to support@wahswaad.com within 72 hours of the expected or marked delivery time.

Where international shipping is enabled, the Customer is the importer of record and is responsible for customs clearance, import duties, taxes, and compliance with local food import regulations. Wah Swaad shall not be responsible for delay, seizure, or destruction of goods by customs authorities.

If a shipment is marked as delivered but not received, or is lost in transit, please write to support@wahswaad.com within 72 hours of the expected or marked delivery time. Wah Swaad will investigate and offer a replacement, store credit, or refund as appropriate.

These Terms and all disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of India, including without limitation the Indian Contract Act, 1872, the Consumer Protection Act, 2019, the Information Technology Act, 2000, and other applicable Indian legislation.

Any dispute, complaint, or grievance shall first be submitted to the Grievance Officer designated under Clause 17 of these Terms. The Grievance Officer shall acknowledge the grievance within 24 hours and endeavour to resolve it within 15 days of receipt. If the grievance remains unresolved within 15 days, the aggrieved party may escalate the matter in accordance with the steps below.

Where both parties consent, any unresolved dispute may be referred to mediation prior to arbitration or litigation. Mediation shall be conducted by a mutually agreed mediator in Hyderabad, Telangana, in accordance with the Mediation Act, 2023, to the extent its relevant provisions are in force. The mediation process shall be concluded within 30 days of referral unless both parties agree in writing to extend this period. Mediation shall be voluntary and its failure shall not prejudice either party's right to proceed to arbitration or litigation.

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, between Wah Swaad and a Vendor or any other commercial counterparty (excluding consumer disputes as defined under the Consumer Protection Act, 2019), shall be finally settled by binding arbitration. The arbitration shall be conducted by a sole arbitrator appointed by The International Centre For Alternative Dispute Resolution (ICADR), Hyderabad, Telangana, upon application by either party, or. The seat and venue of arbitration shall be Hyderabad, Telangana. The language of the arbitration shall be English. The award of the arbitrator shall be final and binding on the parties. The courts at Hyderabad, Telangana shall have supervisory jurisdiction over the arbitration proceedings.

Nothing in these Terms, including the arbitration clause under Clause 20.3 and the jurisdiction clause under Clause 20.6, shall limit, restrict, or derogate from the statutory rights of a consumer as defined under the Consumer Protection Act, 2019. Consumers retain the right to:
(a) approach the appropriate District, State, or National Consumer Disputes Redressal Commission having jurisdiction under the Consumer Protection Act, 2019, including at the place of the consumer's residence or where the cause of action arises;
(b) contact the National Consumer Helpline at 1915; and
(c) pursue online dispute resolution mechanisms available under applicable law.

Without prejudice to any shorter limitation period prescribed under applicable law, any claim or dispute arising under or in connection with these Terms must be brought within one year from the date on which the cause of action arose. Claims not brought within this period shall be deemed waived and time-barred, to the extent permissible under applicable law. This limitation period does not apply to consumer disputes where the Limitation Act, 1963 or the Consumer Protection Act, 2019 prescribes a different period.

Subject to Clause 20.3 (arbitration) and Clause 20.4 (consumer rights), and to the extent that court proceedings are permissible or necessary, the competent courts at Hyderabad, Telangana shall have exclusive jurisdiction over all disputes arising out of or in connection with these Terms. Users who are consumers retain the right to approach courts or forums having jurisdiction under the Consumer Protection Act, 2019 notwithstanding this clause.

• Severability: If any provision is held invalid or unenforceable, the remaining provisions continue in full force.
• Waiver: Failure to enforce any right or provision shall not constitute a waiver.
• Assignment: You may not assign these Terms without prior written consent. We may assign these Terms to an affiliate or successor entity.
• Entire Agreement: These Terms, together with the Privacy Policy, Cookie Policy, and Refund and Cancellation Policy, constitute the entire agreement between you and Wah Swaad.
• Amendments: We may amend these Terms from time to time. The updated version will be posted on the Platform with a revised Last Updated date. Material changes will be notified by email or in-app notice.
• Conflict: In the event of any conflict between these Terms and any other policy or document (e.g., promotional flyers or marketing communications), these Terms and Conditions shall prevail.