Terms and Conditions for Online Services of the Sitar Indian Cuisine in technology partnership with Convalida Technologies LLC.
Last Updated: 1st November 2023
Before using the http://sitarknoxville.com website (the "Service") operated under technology partnership with Convalida Technologies LLC ("us," "we," or "our"), a limited liability corporation having its registered office address at 866 GA Hwy 96 Suite 102, Warner Robins, GA 31088, please carefully read these terms and conditions ("Terms").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service, you are entering into a binding agreement with Convalida Technologies LLC.
By accepting these terms, you also understand and consent to http://sitarknoxville.com/privacy-policy.aspx, which is incorporated into, and part of, this agreement. Our Privacy Statement describes how we collect, use and share information.
The online services are not intended to be used by, or targeted to, anyone under the age of 18 years old (or the legal age of majority if different in your jurisdiction). You must be at least 18 years old to use the online services. If you are not yet 18 years old (or the legal age of majority if different in your jurisdiction), then you must review these terms with your parent or guardian and they must understand and agree to these terms in order for you to use the online services.
If you or your parent or guardian do not agree to these terms, then you must immediately stop using the online services and request that we close any online services account that you have created. You can request account deletion by sending an email to support@convalidatech.com; please include the email address of the account that you want deleted.
We enable transactions on the website between the http://sitarknoxville.com and buyers i.e. you. You can access the menu of the restaurant and place an order online for food or beverage items to be picked up by you at your selected time. The website also allows you to make the payment through various payment gateway partners. All that is left for you to do then, is to pick up your selected food/beverage item at your selected time from the Sitar Indian Cuisine. It is pertinent to note that while providing these online services, we are merely acting as an intermediary between the Sitar Indian Cuisine and you. We neither make any representation or warranty as to specifics (such as quality, value, etc.) of the food or beverages proposed to be sold or offered to be sold or purchased on the website, nor do we accept any liability for errors or omissions on behalf of the Sitar Indian Cuisine for food or beverages provided by it. We are not responsible for any non-performance or breach of any contract between the Sitar Indian Cuisine and you. Each order placed by you through the website constitutes a separate bipartite contract between the Sitar Indian Cuisine and you and any and all liabilities under that contract are to be dealt with by the Sitar Indian Cuisine and you. Any complaints that you might have pertaining to the food or beverages that you ordered from the restaurant, irrespective of whether the order was placed through the website, shall be addressed directly to the Sitar Indian Cuisine.
Obey the rules of the road
Whenever you use the online services, you must obey the rules of the road and all applicable rules and regulations. YOU MUST NOT USE THE ONLINE SERVICES WHILE DRIVING OR WHILE BEHIND THE WHEEL OR CONTROLS OF A VEHICLE THAT IS MOVING OR NOT IN “PARK”. In the interest of safety at all times, you should only use the online services when it is lawful and safe to do so.
You are responsible for your devices and accounts. You are responsible for any devices, software and services needed to use the online services. We do not guarantee that the online services will fully function on any particular device or with any particular software. You are also responsible for any messaging and data charges, fees and taxes for your use of the online services, including when we communicate with you by text, email or other means that you choose. You may only use the online services with devices that you own or control and using only the authorized operating system (e.g., Apple iPhone OS for Apple devices). If you create an online services account, you are responsible for keeping the account secure and for all activity under the account. You can only use one online services account and must keep your account information accurate at all times.
Every time you place an order through the website, you will be required to enter your full name, mobile no. and email address. Thereafter, you can choose any food or beverage item available in the menu.
We make every effort to ensure that the items listed on the menu are available at the time of viewing. However, the availability of the items listed on the website menu are NOT guaranteed and are subject to change without notice. If you have placed an order for an item that turns out to be unavailable at your selected time slot for pick up, the Sitar Indian Cuisine will contact you as soon as possible to resolve the matter with you or to process your refund, as the case maybe. In any case, it is important that you understand that we take no responsibility of such item unavailability and any or all issues are to resolvable solely at the end of the Sitar Indian Cuisine.
If any inconvenience on our customer’s part has occurred as a result of the delay of these website postings, we apologize, and we will attempt to update our menu more diligently in the future.
We makes every effort to ensure that the prices and items listed on the menu are up to date and correct. However, the prices and items listed on the web site menu are NOT guaranteed and are subject to change without notice.
When menu and/or price changes are made, those changes may not be immediately reflected on this website. In that case, we reserve the right to change menu selections, and/or the prices that accompany those items, as they appear on the menu at the restaurant.
It is important that the customers who visit the website know and understand this, since we will not adjust menu items or prices at the time orders are made, even if they conflict with the web site menu and/or prices.
If any inconvenience on our customer’s part has occurred as a result of the delay of these website postings, we apologize, and we will attempt to update the menu and prices more diligently in the future.
Please be informed that the online payment made by you on the website for your order will be directly credited to the bank account of the Sitar Indian Cuisine. In order to sustain our technological assistance and support, and our arrangement with the Sitar Indian Cuisine, we deduct a small commission amount from this payment, which is credited directly into our bank account. Rest assured, this commission ensures that we can continue providing you with seamless service and technological support throughout your experience. We value your patronage and appreciate your understanding of this payment arrangement.
You have the possibility of receiving deals through the online services. The following general terms apply to the deals: (1) the deal may only be available for the product shown and subject to its availability at the restaurant; (2) serving times apply (e.g., certain deals may be available only at certain serving times); (3) unless otherwise stated each deal expires on redemption; (4) deals are not transferable; and (5) there is no cash alternative. In addition there may be specific terms that apply to the deal which are stated on the website next to the deal.
As a general rule, we do not allow buyers to cancel orders placed through the website. However, in case you wish to cancel an order, you can contact the Sitar Indian Cuisine directly. Cancellation, in that case, will be at the sole discretion of the Sitar Indian Cuisine.
In case of any complaints with the quality or availability or any other grievance with the food/ beverage item, please reach out to the Sitar Indian Cuisine directly as we are merely an intermediary platform facilitating the purchase.
You understand and consent that (with or without notice), we may update, modify or terminate our technological to the online services from time to time.
We may also update these terms at any time and at our sole discretion. If we make material changes to the terms, we will notify you by any reasonable means such as by posting the new terms in the online service. If you do not agree to the changed terms, then you must immediately stop using the online services and request that we close any online services account that you have created. To close your account, you can email us at support@convalidatech.com
If you have any questions or comments regarding the technological support of the online services, you can write to us at support@convalidatech.com
These terms incorporate our Privacy Statement as part of the terms. Our Privacy Policy describes our information practices, including how we collect, use and share information.
Online Services including any and all content on the online services, such as, but not limited to, text, images, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, “content”) as well as any part of the online services has been exclusively licensed to us for its use on the website by the Sitar Indian Cuisine. We may have also used such intellectual property from open sources that are not protected by any intellectual property protections such as but not limited to, copyright, designs, patents. The online services are licensed, not sold, to you. Nothing in these terms intends to transfer any such rights to, or to vest any such rights in, you. You may not take any action to jeopardize, limit or interfere with our or our licensors’ rights.
We will respond to notices of alleged copyright infringement that comply with the applicable provisions of law and only to the limited extent of our liability as a technology partner and intermediary. If you believe that your copyrighted work is infringed by content appearing on the online services, please provide a written notice to us at: 866 GA Hwy 96 Suite 102, Warner Robins, GA 31088; or by email to support@convalidatech.com.
Please include the following information in your notice to us, along with your full name, address, telephone number and email address:
Trademarks, service marks, and all graphical elements, including the look and feel appearing on the online services, are distinctive and protected trademarks or trade dress of the Sitar Indian Cuisine. The online services may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.
Subject to these terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use of the online services solely for your own personal, non-commercial purposes and solely in accordance with these terms. For purposes of clarity, “use” includes access, interact with, and display. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights these terms expressly grant to you. We reserves all other rights.
Through the online services, you may opt in to receive emails, text messages to the mobile number you provide to us or push notifications. When you opt in to any of these types of communications, you understand and consent that that you will receive marketing, transactional and other messages from the Sitar Indian Cuisine.
Opt-Out Clause for Communication:
If you wish to discontinue receiving any marketing or communication from the Sitar Indian Cuisine, please address your request to them at orders@sitarknoxville.com. We would like to clarify that we are solely a technology assistance provider and have no involvement in the marketing communications they send. As such, any concerns or requests regarding communication preferences should be directed to the Sitar Indian Cuisine directly.
We may allow you to send comments, remarks, suggestions, ideas, graphics, photographs, questions, complaints or other information posted or communicated to us through the online services (together, “submissions”). You understand that by submitting any information to us through the online services, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the submissions, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person. We will not be required to treat any submissions as confidential.
With respect to the website (which includes content), you may not, and may not allow third parties, to:
WE SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGE, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, INCLUDING LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO OR ARISING OUT OF THE ONLINE SERVICES. NOTHING IN THIS SECTION IS INTENDED TO LIMIT OUR LIABILITY FOR DAMAGES TO THE EXTENT CAUSED BY OUR OWN GROSS NEGLIGENCE OR INTENTIONAL OR UNLAWFUL MISCONDUCT. ADDITIONALLY, NOTHING IN THIS SECTION IS INTENDED TO LIMIT OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE LIMITED OR ALTERED UNDER APPLICABLE LAW. We reserve all legal rights to recover damages or other compensation under these terms or as allowed by law.
We provides the online services “AS-IS” and without any warranties.
The online services may include inaccuracies or errors. WE PROVIDE THE ONLINE SERVICES "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION THAT THE ONLINE SERVICES WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ONLINE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY RELATED TO YOUR USE OF THE ONLINE SERVICES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE ONLINE SERVICES IS TO STOP USING THEM. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. THESE WARRANTY EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
Third party services
The online services may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, “third party services”). These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them. We do not endorse and are not associated with any of these third party services. WE DO NOT HAVE ANY RESPONSIBILITY ARISING FROM OR RELATED TO THESE THIRD PARTY SERVICES.
Events beyond our control
WE DO NOT HAVE ANY RESPONSIBILITY for OUR FAILURE TO PERFORM any of OUR obligations under these terms caused by or related to any event beyond our reasonable control. If such an event occurs, then our obligations under these terms will be suspended for the duration of the event; and we may, but is not required to, use reasonable endeavors to find a solution by which its obligations under these terms may be performed despite the event.
You agree that any claim or dispute (whether in contract, tort, or otherwise) you may have with us arising from or related to the online services or these terms will be endeavoured to be resolved mutually through mediation. In the event that the claim or dispute remains unresolved despite mediation efforts within 1 month from the date on which the issue was first brought to our notice through written communication on 866 GA Hwy 96 Suite 102, Warner Robins,GA 31088 and/ or support@convalidatech.com, the same would be resolved exclusively and finally through arbitration conducted before a sole arbitrator mutually appointed by both parties using JAMS’s Streamlined Arbitration Rules and Procedures (“rules and procedures”). The arbitration shall be held at Georgia, USA in the English language. The arbitrator’s decision shall be based on these terms and any of the other agreements referenced herein that you may have entered into in connection with the online services. The arbitrator shall apply law applicable in the state of Georgia, USA. No claims shall be arbitrated on a class or representative basis as you hereby waive the right to assert claims in any class or representative action; arbitration will therefore only decide your individual claims. It is agreed that the arbitrator may not consolidate or join the claims of any other person or party to an arbitration between us under this provision. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules and procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. Finally, this arbitration provision is reciprocally binding on all parties, such that both of us are required to arbitrate their claims against one another. For more information on JAMS and/or JAMS Rules and Procedures, you may visit the JAMS Website at https://www.jamsadr.com/rules-comprehensive-arbitration/.
We make no representation that the online services are appropriate or available outside of the United States. If you use the online services from other locations you are responsible for compliance with applicable local laws.
These terms will be governed and interpreted pursuant to the laws of Georgia, notwithstanding any principles of conflicts of law.
On termination of these terms or of your permission to use the online services, all rights granted to you under terms shall cease; however, these terms will continue to apply to your prior use of the online services and anything relating to or arising from such use. Upon termination, all our rights, including all intellectual property rights, proprietary rights, and licenses in these terms shall survive, as well as all restrictions on use, all limitations on liability and disclaimers, and all of Section 18 (“How we settle disputes”).
Each of the terms and conditions in these terms are severable and operate separately. If any of them are unlawful, void or unenforceable, then the remaining terms and conditions will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
We may transfer its rights and obligations under these terms to another organization or entity, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or obligations under these terms to another person if we agree in writing.
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