Who we are and what we do
Little India Kitchen ("Little India Kitchen", "we", "us") is operated by DataSpark Tech LLC, doing business as Little India Kitchen, a Texas limited liability company.
We provide software and a website where independent home cooks ("Kitchens") can list their food and take orders, and where customers can find them. We are not a party to the sale between a customer and a Kitchen. We do not cook, prepare, package, label, store, inspect, deliver or sell any food, and we do not receive or hold customers' payments for food.
Kitchens are independent businesses
- Each Kitchen is an independent business, not our employee, agent, partner or joint venturer. Each Kitchen sets its own menu, prices, ingredients, portions, delivery and pickup arrangements and policies.
- Each Kitchen is solely responsible for its food and for complying with the law, including the Texas cottage food law, registration with the Texas Department of State Health Services where required, food handler training, labeling, allergen disclosure, safe handling, sales limits, permits and taxes.
- Food sold by Kitchens is produced in private homes. THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.
- We may review a Kitchen's registration and menu before listing it, but that review is limited and is not an inspection, certification or guarantee of any Kitchen, its food, its premises or its compliance with the law.
Ordering from a Kitchen
- When you place an order, your contract for that food is with the Kitchen. The Kitchen confirms, prepares and delivers (or hands over) the order and is responsible for it.
- You pay the Kitchen directly, by the methods it accepts (for example Zelle, cash or the Kitchen's own PayPal). Any sales tax is charged and paid by the Kitchen.
- Order cutoffs, delivery days and areas, time slots, fees, tips, cancellations, refunds, substitutions and complaints are handled by the Kitchen under its own policies shown on its page. Where our site offers a cancel button, it works only within the Kitchen's cutoff.
- Questions or problems with an order should go to the Kitchen first. If you can't reach the Kitchen, tell us at info@littleindiakitchen.com and we may, at our discretion, help you contact them. We are not obligated to resolve disputes or issue refunds for food.
Allergens, ingredients and food safety
Allergen, ingredient, dietary (for example Jain, vegan, nut-free or gluten-free) and other information about food is provided by each Kitchen. We do not verify it and make no promise that it is accurate or complete. Home kitchens may handle common allergens such as wheat, milk, peanuts, tree nuts, sesame and soy. If you have an allergy or dietary need, contact the Kitchen before ordering and check the label before eating. Refrigerate food labeled for refrigeration right away and follow its safe handling instructions.
Kitchen accounts and fees
- Home cooks who list a Kitchen must also accept the Cook agreement, which forms part of these terms.
- Kitchens pay platform fees as shown on our pricing and in their admin. Fees are not refundable except where we say otherwise in writing. We may pause or remove a Kitchen's page if fees are unpaid.
- You are responsible for keeping access to your email (which you use to sign in) secure, and for everything done under your account, including by helpers you add.
Acceptable use
You agree not to: misuse the site or try to access other people's data; place fake or fraudulent orders; post false, misleading, defamatory, hateful or infringing content or reviews; use the site to sell anything a Kitchen isn't legally allowed to sell; scrape or copy the site, or interfere with its security or operation; or use the site in violation of any law. We may remove content, cancel listings or suspend accounts at our discretion.
Your content and reviews
You keep ownership of content you submit (such as photos, menus, stories and reviews), and you give us a worldwide, royalty-free, non-exclusive license to host, display, reproduce, adapt and use it to operate and promote the site. You confirm you have the right to share it. Reviews must be honest and based on a real order. We may edit for length, decline or remove any content.
Our site and brand
The site, software, design, the Little India Kitchen name and logo, and the regional page themes belong to us or our licensors. You may not copy or use them except as needed to use the site as intended.
Disclaimers
THE SITE AND ALL LISTINGS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY ABOUT ANY KITCHEN OR ITS FOOD, INCLUDING ITS SAFETY, QUALITY, INGREDIENTS, ALLERGENS, LEGALITY OR DELIVERY, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of liability
TO THE FULLEST EXTENT ALLOWED BY LAW, LITTLE INDIA KITCHEN, DATASPARK TECH LLC AND THEIR OWNERS, MEMBERS, MANAGERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY PERSONAL INJURY, ILLNESS, ALLERGIC REACTION, PROPERTY DAMAGE, LOST PROFITS OR LOST DATA, ARISING FROM OR RELATED TO ANY FOOD, ANY KITCHEN, ANY ORDER, OR YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SITE IS LIMITED TO THE GREATER OF (A) THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AND (B) ONE HUNDRED DOLLARS ($100). Some places don't allow some of these limits, so they apply to you only as far as the law allows.
Indemnity
You agree to defend, indemnify and hold harmless Little India Kitchen, DataSpark Tech LLC and their owners, members, managers, employees and agents from any claims, losses, damages, fines, costs and expenses (including reasonable attorneys' fees) arising from your use of the site, your content, your orders, your breach of these terms or the law, or, for Kitchens, your food, your business and your dealings with customers.
Disputes, arbitration and class action waiver
Please read this carefully: it affects your rights. Except for small claims cases and claims for injunctive relief about intellectual property, any dispute between you and us arising from these terms or the site will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable rules, in Collin County, Texas (or by video, if the arbitrator allows). You and we each waive the right to a jury trial and to bring or join any class, collective or representative action. You may opt out of arbitration within 30 days of first accepting these terms by emailing info@littleindiakitchen.com with the subject "Arbitration opt-out". If this section doesn't apply, disputes will be heard only in the state or federal courts located in Collin County, Texas, and you consent to their jurisdiction.
Governing law and other terms
- These terms are governed by the laws of the State of Texas and applicable federal law, without regard to conflict-of-law rules.
- We may change these terms; the "Last updated" date shows the latest version, and continuing to use the site means you accept the changes. We'll tell Kitchens by email about material changes.
- We may suspend or end access to the site at any time. Sections that by their nature should survive (including disclaimers, limits of liability, indemnity and disputes) survive.
- If any part of these terms is found unenforceable, the rest stays in effect. Our failure to enforce a term isn't a waiver. You may not assign these terms; we may assign them, including to an affiliate or a successor company.
- These terms, the Cook agreement (for Kitchens) and our Privacy policy are the whole agreement between you and us about the site.
- Contact: DataSpark Tech LLC, doing business as Little India Kitchen, info@littleindiakitchen.com.