Terms of service

These Terms of Use (“Terms”) govern your access to, and use of, the websites (each, a “Site” or “Website”), mobile application, and online services or program operated by or on behalf of Paagalcana and on which these Terms appear. These Terms are a legal and binding agreement between you and Paagalcana. Your use of the Site, mobile app, or service indicates your acceptance of these terms. Do not use the Site if you do not agree to be bound by these Terms.

Paagalcana strives to ensure that the information contained on the Website is accurate and reliable. However, Paagalcana and the Website are not infallible and errors may sometimes occur. Therefore, to the fullest extent permissible pursuant to the applicable law, Paagalcana makes no representations about the reliability of the features of this Site, the Paagalcana Content (defined below), Submitted Content (defined below), or any other Site feature. You acknowledge that any reliance on such material and/or systems will be at your own risk. Paagalcana is not responsible for the information, data, text, or other materials that may appear in Submitted Content or may otherwise be submitted by users. Opinions expressed in Submitted Content do not necessarily reflect the opinions of Paagalcana, and Paagalcanas does not endorse, and has no control over, Submitted Content. Submitted Content is not necessarily reviewed by Paagalcana prior to posting and Paagalcana makes no warranties, express or implied, as to the Submitted Content or to the accuracy and reliability of the Submitted Content. Paagalcana makes no representations regarding the amount of time that any Paagalcana Content or Submitted Content will be preserved.

The site is provided on an “as is, as available” basis without any representation or warranty, express or implied, of any kind. To the fullest extent permitted by law, Paagalcana hereby disclaims all warranties of any kind or nature, including, but not limited to, the implied warranties of merchantability, accuracy, non-infringement, and fitness for any particular purpose. Paagalcana disclaims any and all liability for the acts, omissions, and conduct of any third party service providers, partners, sponsors, licensors, licensees, and the like (“Providers”) in connection with or related to your use of the site and materials, programs, features, and services made available therein. In no event shall Paagalcana or any of Paagalcana’ Providers be liable to any person for damages of any kind under any legal theory, including, but not limited to, any direct, indirect, special, consequential, punitive, or other damages (lost profits, business interruption, or loss of information, programs, or data) resulting from your use or inability to use the site, even if Paagalcana has been advised of the possibility of such damages. Because some states do not permit the exclusion or limitation of certain damages, in such jurisdictions, liability is limited to the fullest extent permitted by such state law.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Paagalcana, its affiliates, its providers, and its officers, directors, employees, attorneys, and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms; and/or (2) your activities in connection with the Site and/or materials, programs, features, and services made available therein.

Paagalcana Order Status Notification Texting and Marketing Program

These Terms govern your use of the Paagalcana text messaging programs specifically described below (individually, a “Texting Program” and collectively, the “Texting Programs”). These Additional Terms supplement the Paagalcana Terms of Use , as well as any other additional terms identified during your use of the Texting Program(s), all of which are expressly incorporated herein by this reference. Capitalized terms used but not defined in these Additional Terms will have the same meaning given in the Paagalcana Terms of Use as applicable. For more information on how we collect, use, and disclose information and our privacy practices, see our Privacy Policy.

By enabling text updates for the Paagalcana order notification program, you consent to receive up to three text messages for each order you place if you chose to receive text messages for that particular order. Messages will be sent from 862-579-4222.

To participate in a Texting Program, you must:

– Be 18 years of age or older (or if you are under 18, you must use the Texting Program under the supervision of a parent or legal guardian who agrees to be bound by these Additional Terms);

– Be the current subscriber to the mobile number you register with the Texting Program, or are otherwise authorized to opt-in to participation in such program.

– Have a text messaging enabled mobile device with a current text messaging plan.

By participating in a Texting Program and signing up for mobile offers and text updates, you expressly consent and agree to receive recurring automated service-related and promotional text messages, including updates, alerts, and information (e.g., status updates, account alerts, etc.) and promotions, specials, and other marketing offers from or on behalf of Paagalcana via SMS/text messages through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. To the extent marketing text messages result in discounts and discount codes.

You also acknowledge that your agreement to receive these text messages is not required as a condition of any purchase. Your participation in any of the Texting Programs is completely voluntary.

Standard message and data rates may apply from your wireless provider. All charges are billed by and payable to your wireless provider. Paagalcana does not charge you for sending or receiving text messages, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Check your mobile plan and contact your wireless provider for details. Message frequency varies.

Not all carriers support the numbers/short codes we use for a Texting Program. Paagalcana, its service providers, and any carrier are not liable for any delays in the receipt of any text messages or undelivered text messages. Paagalcana is not responsible for Telephone Consumer Protection Act (TCPA) violations caused by a carrier network failure or malfunction.

You may opt-out of the Paagalcana Order Program at any time. If you would like to unsubscribe from the Paagalcana Order Program, you must reply STOP to any message you have received in relation to the Paagalcana Order Program. You consent that following such a request to unsubscribe, you will receive one additional text message confirming that your request has been processed.

Data obtained from you in connection with the Paagalcana Order Program may include your mobile number, your carrier’s name, the date, time and content of your text messages and other information you provide to us as part of this Texting Program. We may use this information to contact you and to provide the services you request from us. See our Privacy Policy for additional information.

Paagalcana reserves the right to remove subscribers from our messaging database at our discretion.

COMMUNICATING WITH Paagalcana

On certain areas of the Site, you may be given the ability to contact Paagalcana by electronic mail, for example, to sign up for services such as e-mail notifications and newsletters about Paagalcana’ products or to register for a particular sweepstakes or contest. The information that you provide to Paagalcana through this Site is governed by Paagalcana’ Privacy Policy.

USER-SUBMITTED CONTENT

On certain areas of the Site, you may be able to submit remarks, ideas, images, photos, suggestions, graphics, and/or other materials and content (“Submitted Content”). You acknowledge that you are responsible for whatever material you submit, and you, not Paagalcana, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. By posting, displaying, publishing, or otherwise submitting Submitted Content on or through this Site, you understand and acknowledge that any materials, ideas, or other communications you transmit will not be treated as confidential or proprietary. Furthermore, such Submitted
Content will forever be the property of Paagalcana and Paagalcana is entitled to use the Submitted Content for any commercial or other purpose whatsoever without compensation to you.

ONLINE PURCHASES

To purchase food products, merchandise, or other items through the Website, you must provide valid payment card and billing information. Such information will be collected by Paagalcana. Your information will be collected and used in accordance with Paagalcana’ Privacy Policy. When you purchase items through the Website, prices will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to have your payment card billed for the total amount displayed at check out. By purchasing items through the Site, you represent and warrant to Paagalcana that you are capable of entering into a contract under the applicable law.

WEBSITE ACCESS

Paagalcana hereby grants you permission to use the Site as set forth in these Terms, provided that: (i) your use of the Site as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Site in any medium without Paagalcana’ prior written authorization; (iii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and (iv) you will otherwise comply with these Terms.

In order to access some features of the Site, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Although Paagalcana will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Paagalcana or others due to such unauthorized use.

HYPERLINKS

The Paagalcana Site may link to sites not maintained by or related to Paagalcana. Hypertext links are provided as a service to users and are not necessarily sponsored by or affiliated with this Website or Paagalcana. Paagalcana has not necessarily reviewed the sites hyperlinked to or from this Website and is not responsible for the content of any other site. These links are to be accessed at the user’s own risk. Paagalcana makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to or from this Website. Furthermore, Paagalcana does not implicitly endorse third-party sites hyperlinked to or from this Website.

VIOLATION OF THESE TERMS AND REMEDIES

You agree that Paagalcana may, in its sole discretion and without prior notice, block and/or terminate your access to the Site, mobile app, programs, and/or services if Paagalcana determines that you have violated these Terms or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice, and will cause irreparable and unquantifiable harm to Paagalcana. You also agree that monetary damages would be inadequate for such harm and consent to Paagalcana’ obtaining any injunctive or equitable relief that Paagalcana deems necessary or appropriate. These remedies are in addition to any other remedies that Paagalcana may have at law or in equity. If Paagalcana takes legal action against you as a result of your violation of these Terms, Paagalcana will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Paagalcana . You agree that Paagalcana will not be liable to you or to any third party for termination of your access to the Site, mobile app, programs, and/or services as a result of any violation of these Terms.

GOVERNING LAW AND JURISDICTION

These Terms are governed by United States law and are subject to all applicable federal, state, and local laws and regulations. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, or the rights and obligations of you or Paagalcana  in connection with your use of the Site or your Submitted Content, shall be governed by, and construed in accordance with, the laws of the State of Karnataka, without giving effect to the conflict of laws rules thereof, and any matters or proceedings, shall take place in the State of Karnataka.

MISCELLANEOUS

These Terms constitute the entire agreement between you and Paagalcana and govern your use of the Site and supersede all prior or contemporaneous communications and proposals whether electronic, oral or written, between you and Paagalcana with respect to the Paagalcana Site and services. Both you and Paagalcana acknowledge and agree that no partnership is formed and neither you nor Paagalcana has the power or the authority to obligate or bind the other.

The failure of Paagalcana to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ original intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. The failure of Paagalcana to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, or local governmental authorities, or for any other reason beyond the reasonable control of Paagalcana shall not be deemed a breach of this agreement. If Paagalcana fails to act with respect to your breach or anyone else’s breach on any occasion, Paagalcana is not waiving its right to act with respect to future or similar breaches.

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

BINDING AGREEMENT

These Terms constitute a binding agreement between you and Paagalcana , and are accepted by you upon your use of the Site. This agreement constitutes the entire agreement between you and Paagalcana regarding the use of the Site and the features therein. By using this Site, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.