Terms of Service
IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS, AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER BELOW. PLEASE READ CAREFULLY.
Welcome to the india1948.com website (“Website”), which is owned and operated by Pondicheri Houston, LLC d/b/a Pondicheri (together with its related, affiliated, subsidiary and/or parent companies, “india1948,” “we,” “us,” or “our”). We provide you access to the Website and any services and/or products offered through the Website subject to these Terms of Use.
By accessing and/or using the Website, you are acknowledging that (i) you are at least the age of majority in the jurisdiction in which you reside; and (ii) that you have read, understand and agree to be legally bound by the terms and conditions of these Terms of Use and any other policies in connection with the Website including our Privacy Policy (collectively, “Website Policies”). If you do agree to any of the Website Policies, then you are not authorized to access and/or use the Website in any manner whatsoever. Under no circumstances may a child under the age of thirteen (13) years old access and/or use the Website for any purpose whatsoever.
We may, in our discretion, change and/or update the Website Policies at any time without advance notice. Any changes or updates shall become effective immediately upon posting same. It is your obligation check the Website Policies periodically to review any changes and/or updates to same. Your continued access and/or use of the Website constitutes acceptance of those changes.
USERS
At this time, you are not required to register with the Website, and you may (i) view all content of the Website and access all publicly-available features and functions on the Website; (ii) purchase products from the Website; (iii) subscribe to receive our communications, alerts and other notifications; and (iv) e-mail us. We reserve the right, with or without notice, to change the access means or methods for portions of the Website or to require you to become a registered user of the Website to continue to access or use certain features or functions of the Website.
RETAIL PURCHASES
You can make retail purchases of our goods or third-party goods (“Products”) through the Website. ALL PRODUCTS, EVEN OUR PRODUCTS, ARE MANUFACTURED BY OR ON BEHALF OF THIRD PARTY SUPPLIERS, AND NOT BY OR ON BEHALF OF US; THEREFORE, WE HAVE NO CONTROL OVER THE QUALITY, SAFETY, LEGALITY OR EFFICACY OF ANY PRODUCT AND ASSUMES NO LIABILITY WITH RESPECT TO ANY PRODUCT.
You do not need to have an account to order the Products. When purchasing the Products, you will be required to provide certain information such as your email address, delivery address, and payment details.
Our online shop is hosted on Shopify and uses Shopify's commerce function to take and process orders. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify's data storage, databases and the general Shopify application. For more information, please review Shopify’s Terms of Service and Privacy Policy.
If you purchase any Products, the following terms and conditions apply:
- As consideration for any purchase you make via the Website, you shall pay us all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided in connection with the order for the full payment of the fees and any applicable taxes, and you hereby consent to the same. All payments will be charged and made in U.S. dollars.
- You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your sign-in/user name or password).
- You hereby authorize us to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
- Your total cost for the purchase of any product will include the shipping and handling charges. We will arrange for shipment of ordered product to you, Free Carrier (F.C.A.) risk of loss passes to you upon delivery to the carrier. We may advise you of estimated shipping dates, but we will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, a Force Majeure Event.
- Please note that we are not able to accept returns, excepted for damaged items. If your order arrives damaged, you must contact us within three (3) days of receipt of same and provide pictures of the damage if requested. Please note if an item is accepted for return, refunds will be provided in the form a credit, minus the cost of return shipping, and some items may be subject to a restocking fee.
- If something unexpected happens in the course of completing your transaction, we reserve the right to cancel your transaction for any reason; if we cancel your transaction we’ll refund any payment you have already remitted to us for such transaction.
- You understand that we may be unable to accept certain orders. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some reasons that may cause your order to be canceled include limited stock of our products available for purchase, errors in product or pricing information, or issues of verification or accuracy related to your payment information. We may also require additional verifications or information from you before accepting any order. We will notify you if any or all of your order is canceled or if additional information is required for us to accept your order.
INTELLECTUAL PROPERTY OWNERSHIP; LICENSE
We own and/or are an authorized licensee of all of the intellectual property in connection with the Website. The Website contains materials including, without limitation, text, graphics, images, photographs, videos, designs, sound recordings audiovisual works, recipes, articles and blogs, and other material provided by or on behalf of us (collectively referred to as the “Website Content”). We own and/or are an authorized licensee of the Website Content. Unauthorized use of the Website Content may violate copyright, trademark, and other laws. You have no rights in or to the Website Content, and you will not use the Content except as permitted under the Terms of Use. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Website Content on any copy you make of the Website Content. You may not sell, transfer, assign, license, sublicense, or modify the Website Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Website Content in any way for any public or commercial purpose. The use or posting of the Website Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Section, your permission to access and/or use the Website Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Website Content.
The trademarks, service marks, and logos displayed on the Website including, without limitation, “india1948” (collectively, the “Trademarks’) are the registered or unregistered trade or service marks of us. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks or Third-Party Trademarks, without our prior written permission specific for each such use.
SUBMISSIONS AND CONTENT PROVIDED BY YOU
The Website may allow you to upload, share or provide your content. By providing any such content through the Website, you are confirming that you are legally allowed to do so and by doing so, you are not infringing on any statutory provisions and/or third party rights, and/or otherwise violating any applicable laws. In addition, you acknowledge and agree that by providing your content through the Website, you are granting us a non-exclusive, worldwide, fully paid-up and royalty-free, irrevocable, sub-licensable and transferable license to use, access, store, reproduce, modify, distribute, publish, process into derivative works, broadcast, stream, transmit or otherwise exploit such content to provide and promote our products and/or services in any media or manner so long as we comply with our privacy practices as set forth in the Privacy Policy.
If you provide feedback, comments or suggestions for improvements related to any of the Website and/or our products and/or services (written, orally or in any other form (“Feedback”), you represent and warrant that you (i) have the right to disclose the Feedback, (ii) the Feedback does not violate the rights of any other person or entity, and (iii) the Feedback does not contain the confidential or proprietary information of any third party or parties.
You (i) acknowledge that we may have something similar to the Feedback already under consideration or in development, and (ii) assign to us your entire right, title, and interest (including any intellectual property rights) in and to Feedback. To the extent that any right, title, or interest cannot be assigned under applicable law, you hereby grant us an irrevocable, non-exclusive, royalty-free, perpetual and worldwide license to use, modify, prepare derivative works from, publish, distribute and sublicense the Feedback without any compensation, and waive any right, title or interest and consent to any action of us, its service providers, successors, and assigns that would violate such right, title, or interest in the absence of such consent. You agree to execute any documents necessary to effect the foregoing assignment, waivers, or consents.
We may display personal testimonials and endorsements of satisfied users with respect to our products and/or services.
To the extent permitted by applicable law, you waive any moral rights in connection with your content, Feedback, endorsements and/or testimonials you provide or have provided through the Website.
You are solely liable for any content that you upload, post, share or provide through the Website. You acknowledge and accept that we do not filter or moderate such content.
However, we reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading your access to the Website:
(i) if any complaint based on such content is received;
(ii) if a notice of infringement of intellectual property rights is received;
upon order of a public authority; or
(iii) where we made aware that the content, while being accessible via the Website, may represent a risk for other users, third parties and/or the availability of the the Website. The removal, deletion, blocking or rectification of your content shall not entitle You to any claims for compensation, damages or reimbursement.
You agree to hold us harmless from and against any claim asserted and/or damage suffered due to content you provide or provided through the Website.
COPYRIGHT INFRINGEMENT/DMCA NOTICE
If You believe that any aspect of the Website violates your or a third party’s copyright, please provide written notice (“DMCA Notice”) to us as set forth herein or otherwise provided by the Digital Millennium Copyright Act, as it may be amended from time to time. The DMCA Notice must include (i) the signature of a person authorized to act on behalf of the owner of the copyright interest (“Copyright Owner”); (ii) a description of the copyrighted work that is believed to have been infringed upon; (iii) a description of precisely where the alleged infringing work is located on the Website; (iv) the Copyright Owner’s mailing address, telephone number and email address; (v) a statement by the Copyright Owner that it has a good-faith belief that the disputed use is not authorized by the Copyright Owner, its agent, or the law, or is not otherwise being conducted by another authorized owner or licensee of the work; and (vi) a statement by the Copyright Owner, made under penalty of perjury, that the information set forth in the submitted written notice is accurate and that it is the Copyright Owner or is authorized to act on the Copyright Owner's behalf. The DMCA Notice should be immediately delivered to us by certified mail return receipt requested or by commercial carrier at the address set forth below in the “Notices” provision and directed to the attention of the “Copyright Agent.” You acknowledge and agree that your failure to properly comply with the requirements of the law and/or this provision may make your DMCA Notice invalid.
USAGE RESTRICTIONS
You agree that you will not use the Website to:
- Decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of the Website is compiled or interpreted or the source code underlying the Website, and nothing in these Terms of Use will be construed to grant you any right to obtain or authorize use of such code;
- Reproduce, duplicate, copy or resell any part of the the Website or any Content;
iii. Allow third parties other than authorized users and visitors to gain access to the Website;
- Copy, translate, merge, adapt, vary, alter or modify, the whole or any part of the Website including, without limitation, any Website Content, except as necessary to use the Website as permitted in these Terms of Use;
- Use the Website maliciously, by, without limitation, hacking into or inserting malicious code, such as viruses, or harmful data, into the Website or any operating system;
- Use the Website in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, including, without limitation, by removing, circumventing, damaging or otherwise interfering with security-related features that prevent or restrict use or copying, pasting, printing, downloading or sharing of any content, or that enforce limitations on the use of the Website and/or related content;
vii. Access, collect, harvest or modify any information, content or data related to the Website using any robot, spider, scraper or other automated means or any manual process for any purpose, or attempt to decipher any transmissions to or from the servers running the Website;
viii. Access, search or create accounts for the Website by any means other than our publicly supported interfaces (including, without limitation, “scraping” or creating accounts in bulk);
- Access without authority, interfere with, damage or disrupt any part of the Website, any equipment or network on which the Website is stored, any software used in the provision of the services, or any equipment or network or software owned or used by any third party;
- Use another user’s information (including, without limitation, email addresses) to contact them outside of the Website without their express permission or authority, or to create or distribute mailing lists or other collections of contact or user profile information for other users for use outside of the Website;
- Impersonate someone else to create an account, create or use an account for anyone other than yourself, permit anyone else to use your account, or provide personal information for purposes of account registration other than your own;
xii. Use any of the Website to provide timesharing, subscription service, hosting, or outsourcing services;
xiii. Use the Website to violate any applicable laws, statutes, regulations or rules;
xiv. Upload, post, e-mail, text, transmit or otherwise make available (collectively, “Make Available”) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of prohibited communication;
- Make Available any content that is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable including, without limitation, any sexually explicit content;
xvi. Make Available any content that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
xvii.Make Available any content that promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
xviii. Make Available any content that is violent, threatening, harassing and/or or bullying, or promotes violence or actions that are threatening to any other person;
xix. Make Available any content that promotes illegal or harmful activities;
- Make Available any content that you do not have a right to Make Available under any law or under any contractual relationship;
xxi. Make Available any content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights; and/or
xxii.Use the Website to collect data directly from children under the age of thirteen (13) years of age.
Although we are not obligated to monitor access to or use of of the Website, we have the right to do so for the purpose of operating the Website to ensure compliance with our obligations or legal requirements including under any applicable law. We reserve the right, but are not obligated to, remove or disable access to any content, at any time and without notice including if we, at our sole discretion, consider any content to be objectionable or in violation of these Terms of Use. We have the right to investigate violations of these Terms of Use or conduct that affects the Website. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
TERMINATION; SUSPENSION; ABUSE OF THE WEBSITE
We may restrict Your use or access to the Website, without compensation or notice to you, if we suspect, in its discretion, that you are (i) in violation of any of these Terms of Use; or (ii) engaged and/or engaging in illegal or improper use of the Website.
THIRD PARTY CONTENT /LINKED WEBSITES
We take no responsibility for the communications or information contained in any advertisement submitted by third parties on the Website (“Third Party Content”). The views expressed in any Third Party Content are merely those of the poster, advertiser and/or the respective third party and do not necessarily reflect our views or any person or entity affiliated with us. We have no obligation to screen or review in advance, nor is it our responsibility to screen, monitor or review Third Party Content.
In addition, you acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by websites to which the Website may be linked and/or referred or displayed on the Website (“Linked Websites”). Links to Linked Websites are provided as a convenience to you, and do not constitute an endorsement by or association with us of such websites or the content, products, advertising or other materials presented on such sites. We do not author, edit or monitor these Linked Websites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Websites. If you access any Linked Websites, you do so at your own risk.
AUTHORIZATION TO CONTACT
By submitting information to us through the Website or otherwise, you are making an inquiry as to the products and/or services offered by us and give us permission to contact you through any contact information that you provide to us.
CDA IMMUNITY
You acknowledge that we, in our operation of the Website, is simply serving as a passive conduit and do not control the quality, safety or legality of any information posted by third parties on the Website, nor do we endeavor to determine the truth or accuracy of any information posted by a third party. Accordingly, you acknowledge and agree that we shall be entitled to the immunities afforded to an Interactive Computer Service under the Communications Decency Act, 47 USC § 230, as it may be amended. In no event shall we be liable for damage to you directly or indirectly to information communicated by third parties.
YOU AGREE TO ABIDE BY THE BELOW RESTRICTIONS
By accessing and/or using the Website, you agree to abide by the following restrictions, without limitation:
(a) You will only use the Website in accordance with the Website Policies;
(b) You will not use the Website in an unauthorized manner, or in a manner which violates any of our rights and/or rights of any other third parties, proprietary, intellectual property or otherwise;
(c) You will not engage in spamming, flooding, mail bombing, harvesting of e-mail address or other personal information, spidering, screen scraping, database scraping or other activity with the purpose of obtaining or collecting lists of users or other information;
(d) You will not upload viruses or other malicious code or engage in any conduct that may “crash” the Website;
(e) You will not utilize any information that you gained as a result of Using the Website to illegally or improperly violate another person’s or entity’s privacy rights;
(f) You will not utilize any of our trademarks including, without limitation, the Trademarks as metatags or metadata in connection with any other websites or otherwise use our trademarks for your own advertising or pecuniary gain;
(g) You will not restrict any other user from properly using the Website including, without limitation, by way of “computer hacking” or otherwise altering the software or functionality of the Website and its underlying programs;
(h) You will not use the Website if You have been temporarily or indefinitely suspended from the Website;
(i) You will not provide to us any incomplete, false or inaccurate information or information which does not belong to you;
(j) You will not revise, modify, reverse engineer, decompile, disassemble and/or attempt to decipher any of the software, underlying technology or HTML code comprising or in any way making up a part of the Website;
(k) You will not “frame” or “mirror” any part of the Website;
(l) You will not use the Website in any manner that could damage, disable, overburden or impair the Website or interfere with any other party’s use and enjoyment of the Website.
(m) You will not utilize any device to circumvent the structure of the Website and/or spam or flood the Website; and/or
(n) You will not impersonate any other person and/or falsely state or otherwise misrepresent that you have an affiliation with any other person or entity, or otherwise mislead, deceive or defraud us, another user or any other party.
DISCLAIMER OF WARRANTIES
THIS WEBSITE INCLUDING, WITHOUT LIMITATION, ALL INFORMATION CONTAINED THEREIN IS BEING PROVIDED TO YOU “AS IS, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. We do not make any warranties and/or representations of any kind as to the results that you will obtain from using this Website and/or any of the products and/or services offered by us or to the accuracy, reliability, completeness or currency of the Website and any content thereon. You agree that any reliance on any information on this Website is at your own risk. In addition, we do not make any representations or warranties that this Website will be uninterrupted, timely, secure (except for any explicit representations set forth in our Privacy Policy) or error-free. By accessing and/or using this Website, you agree to forever waive, release and not hold any of the Company Parties (as defined herein) liable for any claim and/or damage arising out of any decision You make based upon any information made available through the Website.
Some jurisdictions do not allow the exclusion of express or implied warranties so the above exclusions may not apply to you. In such event, such warranties are limited to the minimum permitted by law from the date of delivery of the Website. No warranties apply after that period.
PRIVACY POLICY
Our Privacy Policy describes how we collect, use and share the information provided by you and/or collected by us through the Website. By using the Website, you agree that we may use such information in accordance with our Privacy Policy.
NOTICES
All notices or other communications to us, if any, that are to be given under any of the Website Policies must be in writing, and sent via email to [INSERT EMAIL ADDRESS]. Such notice shall be deemed effective twenty-four (24) hours after the message was sent, if no “system error” message or other notice of non-delivery is generated.
Notices to you shall be provided by us via email or any other address which we reasonably believe to be associated with you. Notice shall be deemed effective upon delivery of the same by us. Moreover, and without limiting the foregoing, by accessing and/or using the Website, you acknowledge and agree that you are communicating with us electronically, and consent to receive communications from us electronically. We may communicate, and provide effective notice to you, by sending you emails or by posting notices on the Website. You acknowledge and agree that all agreements, notices, disclosures and other communications that we may provide to you electronically are effective; satisfies any legal requirement that such communication be in writing; and shall be deemed delivered to you.
INDEMNIFICATION
You agree to indemnify, hold harmless and defend us, our affiliates, and any members, shareholders, directors, officers, employees or agents (collectively, the “Company Parties”) of any of the foregoing with respect to an claim, demand, cause of action, debt, liability, damages, costs or expenses including, without limitation, reasonable attorneys’ fees and expenses of the Company Parties’ selected attorneys, directly or indirectly relating to: (i) any failure by you to comply with these Terms of Use; (ii) your use of the Website s; and/or (ii) any act or omission or willful misconduct by you that results in a claim made herein against any of the Company Parties.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH (I) ANY USE OF THE WEBSITE; AND/OR (II) ANY FAILURE OR DELAY INCLUDING, BUT NOT LIMITED TO, THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE WEBSITE.
IF, NOTWITHSTANDING THE FOREGOING, WE SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE ABOVE-DESCRIBED FUNCTIONS OR USES OF THE WEBSITE, OUR LIABILITY SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (I) ANY FEES PROVIDED BY YOU TO US IN CONNECTION WITH USE OF THE WEBSITE; OR (II) US $100.00.
THIS WEBSITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME
This Website may be temporarily unavailable from time to time for maintenance, system upgrades or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. We will not be liable for any loss or damage that results from: (i) the failure of electronic or mechanical equipment or communications lines; (ii) telephone network issues; (iii) viruses, bugs, errors or configuration problems or the incompatibility of computer hardware or software; (iv) the failure or unavailability of Internet access; (v) problems with Internet service providers or other equipment or services relating to Your compute or network; (vi) problems with data transmission facilities or your telephone, cable or wireless service; or (vii) unauthorized access, theft, operator error, severe weather, earthquakes or other natural disasters or labor disputes.
TEXAS LAW GOVERNS
The Website Policies shall be governed by and construed in accordance with the laws of the State of Texas (without giving effect to principles of conflicts of laws of the State of Texas or any other state).
BINDING ARBITRATION
In the event of a dispute arising under or relating to these Terms of Use, the Website and/or any services and/or products provided or ordered through the Website (each, a “Dispute”), such Dispute shall be finally and exclusively resolve by binding arbitration governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association (“AAA”). The arbitrator is bound by the terms of this Section All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision.
Prior to commencing arbitration, you must provide us, by email, a written notice of your Dispute (“Notice of Claim”). The Notice of Claim to us should be sent to [INSERT EMAIL ADDRESS] and should be prominently captioned “NOTICE OF CLAIM.” The Notice of Claim should include both the mailing address and email address you would like us to use to contact you. If we seek to arbitrate a Dispute, we will send the Notice of Claim to you via email or via certified mail to your address on file with us. The Notice of Claim, whether sent by you or us, must (i) describe the nature and basis of the Dispute; and (ii) set forth the specific amount of damages for other relief sought. If we do not reach an agreement to resolve the Dispute within thirty (30) days after the Not ice of Claim is received by us, you may commence an arbitration proceeding.
All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the AAA. Any court in Harris County, Texas, may enforce the arbitrator’s award. An arbitrator shall be chosen in accordance with the AAA rules, with each side being responsible to pay one half of the arbitrator’s fee. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Harris County, Texas. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.
CLASS ACTION WAIVER
THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
REDUCTION IN STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action by You arising out of or related directly or indirectly to use of the Website and/or any products and/or services offered or sold by us must be filed within one (1) year after such claim or cause of action arose or be forever barred.
ASSIGNMENT
We may freely assign its rights and obligations in and to the Terms of Use. You acknowledge that you may not assign, transfer or sell your rights or obligations under any of the Website Policies without our advance written consent, which may be unreasonably withheld. Any purported assignment without our consent shall be deemed null and void.
SEVERABILITY
One or more provisions of these Terms of Use may be legally prohibited or otherwise unenforceable in certain jurisdictions and not others. In such event, these Terms of Use shall be construed in a manner that is consistent with prevailing law in the jurisdiction in which it is enforced. Therefore, if any provision of these Terms of Use are prohibited or otherwise unenforceable in a jurisdiction where it is being enforced, (i) it shall nevertheless be enforced to the fullest extent allowed by that prevailing law; and (ii) all other provisions of these Terms of Use shall remain in full force and effect and shall not be invalidated or rendered unenforceable.
NO THIRD PARTY BENEFICIARIES
These Terms of Use are not intended to be for the benefit of, and shall not be enforceable by any unaffiliated third party, except as may be specifically provided herein. Nothing herein, express or implied, is intended to or shall confer on any third party any rights (including third party beneficiary rights), remedies, obligations or liabilities under or by reason of these Terms of Use or otherwise set forth in the Website, except as may be specifically provided herein. These Terms of Use shall not provide third parties with any remedy, claim, liability, reimbursement, cause of action or other right in excess of those existing without reference to the terms herein.
NO WAIVER
Our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
FORCE MAJEURE
We shall not be held liable for any delay or default in performing its obligations if such delay or default is caused by an event beyond its reasonable control, including without limitation, acts of nature, war, terror or insurrection, civil commotion, earthquake, fire, storm, hurricane or flood, labor disturbances, riot, epidemic, pandemic, government lock down or quarantine orders or other similar event(s) (“Force Majeure Event”).
SECTION HEADINGS
The section headings are provided merely for convenience and shall not be given any legal import.
ENTIRE AGREEMENT
You acknowledge and agree that the Terms of Use, together with the Privacy Policy, as revised from time to time, constitute the entire agreement of the parties hereto relating to the subject matter hereof, and any prior agreements, understandings, representatives and commitments concerning such subject matter, whether oral or written, are hereby superseded and terminated in their entirety and are of no further force or effect.
NOTICES
All notices or other communications to us, if any, that are to be given under these Terms of Use must be in writing, which shall be delivered to the address set forth below by way of either personal delivery, certified mail, return receipt requested, two-day mail or overnight mail by a commercial carrier. Notices to us shall be deemed given only upon receipt. Notices to us shall be addressed as set forth below unless it changes the address in writing by updating these Terms of Use.
The address for giving notice to us is as follows:
Pondicheri Houston, LLC d/b/a Pondicheri
2800 Kirby Drive
Suite B240
Houston, Texas 77098
Notices to you shall be provided by us via email or any other address which we reasonably believes to be associated with you. Notice shall be deemed effective upon delivery of the same by us. Moreover, and without limiting the foregoing, by using the Website, you acknowledge and agree that you are communicating with us electronically, and consent to receive communications from us electronically. We may communicate, and provide effective notice to you, by sending you emails or by posting notices on the Website. You acknowledge and agree that all agreements, notices, disclosures and other communications that we may provide to you electronically is effective; satisfies any legal requirement that such communication be in writing; and shall be deemed delivered to you.
CONTACT US
If you have questions about these Terms of Use, please contact us using the contact details below for further assistance:
Pondicheri Houston, LLC d/b/a Pondicheri
2800 Kirby Drive
Suite B240
Houston, Texas 77098
Email Address: eat@pondicheri.com
Telephone Number: 713-522-2022
