Our relationship
- You are an independent business. Nothing in this agreement makes you our employee, agent, partner, franchisee or joint venturer, and you can't bind us to anything.
- We provide software, a web page for your Kitchen, a listing in our directory and related tools. We do not buy or sell your food, and we are not a party to your sales.
- These terms add to our Terms of service, which also apply to you. If they conflict, this agreement controls for your Kitchen.
Food safety and the law: your responsibility
You are solely responsible for your food and for following every law that applies to it, including:
- The Texas cottage food law (Texas Health and Safety Code chapter 437 and DSHS rules), including which foods you may sell, the annual gross sales limit, and selling directly to consumers.
- Registering with the Texas Department of State Health Services where required (for example for foods that need refrigeration), keeping your registration current, and giving us your registration number.
- Completing food handler training and keeping your food handler card current.
- Labeling every item as the law requires, including the statement "THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.", allergens, the date made for refrigerated foods, and safe handling instructions.
- Keeping food at safe temperatures during storage and delivery, and following safe handling practices.
- Any city, county or HOA rules for your home business.
Our tools (labels, prep lists, allergen fields, tax settings) are a convenience. You must check that everything they show is correct for your food.
Your listing
- Everything you publish (dish names, ingredients, allergens, diet tags, photos, prices, story, policies) must be accurate and kept up to date. Mark allergens and dietary tags only if they are true for the recipe.
- You own your content and give us a worldwide, royalty-free license to host, display, adapt and use it to run and promote the site, including in our directory, emails and social media.
- Only use photos you have the right to use.
- We may review, edit for format, refuse, hide or remove any listing or dish, for example if it appears unsafe, illegal, misleading or against these terms.
Orders, customers and payments
- Customers pay you directly. You are responsible for collecting payment, issuing refunds and handling complaints, cancellations and chargebacks under your own policies.
- Honor the orders you accept, or cancel them promptly and refund any payment.
- Treat customers respectfully and never discriminate.
- Use customers' personal information (names, phones, emails, addresses) only to fulfil their orders and, if they agreed, to send them your menu. Keep it secure, don't sell or share it, and delete it when you no longer need it.
Taxes
You are the seller. You are responsible for any Texas sales tax permit, for charging, collecting, reporting and paying sales tax on your sales, and for your income taxes. You can set your tax rate in your admin; the reports we provide are for your convenience and you must check them. We don't give tax advice.
Platform fees and billing
- You pay the platform fees shown on our pricing page and in your admin when you join. Currently: no monthly fee for your first 3 months, then a monthly plan fee, plus a fee for each completed order (an order marked delivered or picked up) throughout.
- Fees are added to your balance automatically and are due by the 15th of the month after they're charged. You can pay by PayPal, card or Zelle from your admin.
- If fees are more than 14 days late, your page stops taking new orders until they're paid. We may also close a Kitchen with fees more than 60 days late and collect what's owed.
- We may change fees with at least 30 days' notice by email. Fees are non-refundable except where we decide otherwise.
Insurance
We strongly recommend that you carry liability insurance for your home food business. You understand that we do not insure you, your Kitchen or your food.
Indemnity and limits
You will defend, indemnify and hold harmless Little India Kitchen, DataSpark Tech LLC and their owners, members, managers, employees and agents from all claims, losses, damages, fines, penalties, costs and expenses (including reasonable attorneys' fees) arising from your food, your Kitchen, your content, your dealings with customers, your taxes, or any breach of this agreement or the law, including claims of illness, injury or allergic reaction.
The disclaimers, limitation of liability, arbitration and class action waiver in our Terms of service apply to this agreement. Our total liability to you is limited to the platform fees you paid us in the 12 months before the claim.
Pausing and ending
- You can close your Kitchen any time from your admin or by emailing us. Fees already charged stay due.
- We may pause, hide or close your Kitchen at any time, with or without notice, for example for unpaid fees, complaints, food safety concerns, expired registration or card, or a breach of this agreement.
- When a Kitchen closes, you remain responsible for orders you already accepted.
General
- This agreement is governed by Texas law. Disputes are resolved as described in our Terms of service.
- We may update this agreement with notice by email; continuing to use the site after the change means you accept it.
- Contact: DataSpark Tech LLC, doing business as Little India Kitchen, info@littleindiakitchen.com.