BAWARCHI BIRYANIS TERMS OF USE AND SALE

Last Revised: November 2023

These Terms of Use (“Terms”), together with any documents incorporated by reference herein, govern, among other things, your use of the Bawarchi Biryanis (“Bawarchi Biryanis”) websites, any applicable mobile applications offered by us, kiosks, any other site on which these Terms may appear, and any related features or services, including, without limitation, the purchase and sale of products and services, whether as a guest or a registered user (“Services”). By accessing or otherwise using the Services, or otherwise agreeing to these Terms, you agree to be bound by them. Bawarchi Biryanis may revise the Terms, information, services and resources from time to time, and Bawarchi Biryanis reserves the right to make such changes without obligation to notify past, current, or prospective visitors. Your continued access or use of the Services after changes have been made, among other things, constitutes your acceptance of any new or amended Terms. Throughout the Services and these Terms, the terms “we” and “our” refer to Bawarchi Biryanis and “us” refers to you and Bawarchi Biryanis. Bawarchi Biryanis offers the Services, including all information, tools and services available from the Services, to you, the user, conditioned upon your acceptance of these Terms.

In no event shall Bawarchi Biryanis be liable for any indirect, special, incidental or consequential damages arising out of any use of the information contained herein.

THESE TERMS CONTAIN MUTUAL DISPUTE RESOLUTION PROVISIONS THAT INCLUDE AN AGREEMENT TO MANDATORY INDIVIDUAL ARBITRATION AND A CLASS ACTION AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. THE CLASS ACTION WAIVER MEANS YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF ANY CLASS, COLLECTIVE, AND/OR REPRESENTATIVE ACTION. YOU AGREE TO BE BOUND BY THESE MUTUAL DISPUTE RESOLUTION PROVISIONS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

Please read these Terms carefully before you start to use the Services. These Terms constitute a legally binding agreement and the entire agreement between you and Bawarchi Biryanis regarding accessing or using the Services and the features therein.

By installing, accessing, or using the Services, or clicking ”Accept,” ”Agree,” or “Place Order” when this option is made available to you, you: (1) acknowledge that you have read and understood these Terms; and (2) accept these Terms and agree that you are legally bound by these Terms and any other terms or policies incorporated by reference herein.

NO WARRANTY/LIMITATION ON LIABILITY

Bawarchi Biryanis strives to ensure that the information contained in the Services is accurate and reliable. However, Bawarchi Biryanis, the internet, and the Services are not infallible and errors may sometimes occur. Therefore, to the fullest extent permissible pursuant to applicable law, Bawarchi Biryanis makes no representations about the reliability of the features of the Services, the Bawarchi Biryanis Content (defined below), Submitted Content (defined below), or any other Services feature. You acknowledge that any reliance on such material and/or systems will be at your own risk. Bawarchi Biryanis 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 Bawarchi Biryanis, and Bawarchi Biryanis does not endorse and has no control over Submitted Content. Submitted Content is not reviewed by Bawarchi Biryanis prior to posting and Bawarchi Biryanis has no obligation to review, monitor, delete, or edit Submitted Content. However, you acknowledge and agree that Bawarchi Biryanis has the right to review Submitted Content at any time in its sole discretion, for any reason or no reason, with or without notice. Bawarchi Biryanis makes no warranties, express or implied, as to the Submitted Content or to the accuracy and reliability of the Submitted Content. Bawarchi Biryanis makes no representations regarding the amount of time that any Bawarchi Biryanis Content or Submitted Content will be preserved.

THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE SERVICES OR ANY INFORMATION OR SOFTWARE THEREIN. NEITHER THE Bawarchi Biryanis NOR ANY PERSON OR ENTITY ASSOCIATED WITH Bawarchi Biryanis MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER Bawarchi Biryanis NOR PERSON OR ENTITY ASSOCIATED WITH Bawarchi Biryanis REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY INFORMATION OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR REQUIREMENTS, NEEDS OR EXPECTATIONS.

UNDER NO CIRCUMSTANCES, INCLUDING UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY OR OTHERWISE), SHALL Bawarchi Biryanis or any of Bawarchi Biryanis’s EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, DISTRIBUTORS, OR LICENSORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO (1) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, (2) DEATH, PERSONAL INJURY, PROPERTY DAMAGE, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOST DATA ,OR LOST PROFIT AND (3) ATTORNEYS’ FEES THAT RESULT FROM OR ARE OTHERWISE RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES, NOR SHALL Bawarchi Biryanis BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISSTATEMENTS, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND Bawarchi Biryanis’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SERVICES’S RECORDS, PROGRAMS, OR SERVICES.


IN NO EVENT SHALL Bawarchi Biryanis’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING RELATED IN ANY WAY TO THE SITE OR THESE TERMS BE INSTITUTED MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE TO THE FULLEST EXTENT PERMITTED BY LAW.

PRIVACY POLICY

By using, communicating through, or submitting information through the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, which is hereby incorporated by reference into these Terms. A copy of our Privacy Policy can be accessed at https://bawarchi.froogal.ai/privacy-policy.

COMMUNICATING WITH Bawarchi Biryanis

On certain areas of the Services you may be given the ability to contact us, for example, to sign up for services such as e-mail notifications, text messages, and newsletters about our products, register for a particular sweepstakes or contest, or participate in our interactive forums, like chat rooms and message boards. When you voluntarily sign up for these services and communications, you understand and consent to receiving marketing, transactional and other messages from Bawarchi Biryanis.

These areas are designed to give our users the ability to contact us with questions or concerns, to engage in dialogue with us and other Services users, or to take advantage of other features we may provide from time to time. They are not intended for, and should not be used to, submit unsolicited ideas. It is Bawarchi Biryanis’s policy not to accept such unsolicited ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts or similar materials from outside parties. By entering the Services you acknowledge and agree that any materials, ideas or other communications you transmit to us in any manner and for any reason will not be treated as confidential or proprietary. It is Bawarchi Biryanis’s policy not to accept, and to return, any unsolicited ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts or other similar materials. Nevertheless, should you submit such materials, you understand that you have no ownership rights in any ideas you may submit, and you expressly disclaim any rights or causes of action you may have with respect to any materials you may submit.

Bawarchi Biryanis INTELLECTUAL PROPERTY

The Services and its entire contents, features, and functionality (including but not limited to all information, software, Services Updates (as defined herein), text, displays, images, company names, logos, product and service names, slogans, video, audio, html code, and the design, selection, and arrangement thereof) (“Bawarchi Biryanis Content”) are owned by Bawarchi Biryanis, its subsidiaries and affiliates, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. This Bawarchi Biryanis Content is used to distinguish Bawarchi Biryanis’s quality products and services.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Bawarchi Biryanis Content. Specifically, you must not:

Modify copies of any Bawarchi Biryanis content from the Services.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, or outside of the intended Services.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
Impersonate or attempt to impersonate Bawarchi Biryanis, a Bawarchi Biryanis employee, another user, or any other person or entity.
Access or use for any commercial purposes any of the Services, including the Bawarchi Biryanis Content.
Otherwise sell, license, rent, modify, disassemble, distribute, copy, decompile, reverse engineer, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, attempt to derive the source code, or create derivative works from the Bawarchi Biryanis Content and other materials on the Services.
Any attempt to do any of these prohibited activities is a violation of Bawarchi Biryanis’s intellectual and proprietary rights and the rights of its licensors of the Services and Services Updates.

If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please contact info@bawarchibiryanis.com.


GENERAL USE AND LICENSE TO USE THE SERVICES

Bawarchi Biryanis hereby grants you a limited, nonexclusive, revocable license to make use of the Services, regardless of the medium by which the Services are accessed by you (e.g., via a web browser, mobile browser, kiosk or mobile application), provided that: (i) your use of the Services as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Services in any medium without Bawarchi Biryanis’s prior written authorization; (iii) you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for its intended purpose; and (iv) you will otherwise comply with all applicable laws, and these Terms.

You acknowledge that any reliance on the Services, Bawarchi Biryanis Content or Submitted Content will be at your own risk. Bawarchi Biryanis makes no representations regarding the amount of time that the Services, Bawarchi Biryanis Content or Submitted Content will be preserved. The rights granted herein are non-transferable, and are limited to Bawarchi Biryanis Content and do not include any third party patents or intellectual property rights. Other than the rights granted herein, these Terms do not grant you any rights to use Bawarchi Biryanis Content and other intellectual property in the design, development, manufacture, licensing, or distribution of third party devices and accessories for use with the Services. These Terms do not entitle you to receive and do not obligate Bawarchi Biryanis to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the Services.

You acknowledge that your use of the Services is at our sole discretion and your license to use the Services may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, for any reason or no reason with or without notice, to refuse service, to block or prevent future access to and use of the Services, to terminate any user’s account, and to alter or delete any material submitted to the Services through the user’s account. Following termination of this license, these Terms shall apply to the extent practicable.

The Services are intended for use by those who are eighteen (18) years of age or older only and represent that you are 18 years of age or older and of legal age to enter into a binding agreement. If you are not 18 years of age or older, you are prohibited from using the Services without the accompaniment and supervision of a parent or legal guardian. If you are a parent or legal guardian, you agree that you have provided legal consent and will monitor and supervise the use of the Services by minors under your care, and you agree to be responsible for their use of the Services. Any use of the Services by persons under 18 years of age and without parental consent will result in immediate termination of their use of the Services.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Services in a manner that sends more request messages to the Bawarchi Biryanis servers in a given period of time than a human can reasonably produce in the same period by using a conventional online Web browser. Notwithstanding the foregoing, Bawarchi Biryanis grants the operators of public search engines permission to use spiders to copy materials from the Services for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Bawarchi Biryanis reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Services, nor to use the communication systems provided by the Services for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Services with respect to their User Submitted Content.

USER ACCOUNT

Before you can make use of certain services associated with the Services, you may be required to register with the Services and create an account. You agree and warrant that all information you provide to us through the Services, including but not limited to any contact information, registration information, or payment information is truthful, accurate, and up-to-date. You further agree to maintain the accuracy of your account information and to inform us promptly of any changes to your information, including but not limited to any changes to your email address.


You are responsible for maintaining the confidentiality of your account, and you agree to accept responsibility for all activities that occur under your account. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security you become aware of. We are neither responsible for, nor liable, for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge. However, you may be liable for the losses of Bawarchi Biryanis or others due to such unauthorized use.

By creating an account with the Services, you consent to receive communications from us electronically via the email address or phone number associated with your account. Although you can opt-out of receiving promotional communications, we reserve the right to email you informational communications about your account or administrative notices regarding the Services, as permitted under the Controlling the Assault of Non-Solicited Pornography and Marketing (“CAN-SPAM”) Act.

You are expressly prohibited from selling, trading, or transferring your account (including but not limited to, selling, trading, or transferring emails associated with such account). You may never use another’s account without permission.

USER-SUBMITTED CONTENT

On certain areas of the Services, you may be able to submit text, files, images, photos, videos, sounds, musical works, works of authorship, and other materials and content (“Submitted Content”). You have no ownership rights in your account or other access to the Services or features therein, and Bawarchi Biryanis may delete all Submitted Content at any time, with or without notice, if Bawarchi Biryanis deems that you have violated these Terms, applicable law, or for any other reason. Bawarchi Biryanis assumes no liability for any information removed from the Services, and reserves the right to permanently restrict access to the Services or for features therein.

By posting, displaying, publishing or otherwise submitting Submitted Content on or through the Services, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, video, scripts, music, photographs, designs, plans, charts, or other materials you transmit to Bawarchi Biryanis may be used by Bawarchi Biryanis anywhere, anytime, and for any reason whatsoever subject to following terms:

You hereby grant to Bawarchi Biryanis a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute Submitted Content. This license includes the right to host, index, cache, distribute, and tag any Submitted Content, as well as the right to sublicense Submitted Content to third parties, including other users, for use on other platforms, such as for use on mobile phones, in video or music software computer programs.


You represent and warrant that you own the Submitted Content displayed, published or posted by you on the Services and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of your Submitted Content, and our use thereof, does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content displayed, published or posted by you to the Services.

You agree that your Submitted Content is gratuitous and made without restriction, and will not place Bawarchi Biryanis under any obligation. You agree that Bawarchi Biryanis is free to disclose the ideas contained in the Submission, including, for example, ingredient or menu item suggestions, on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Submission, Bawarchi Biryanis does not waive any rights to use similar or related ideas previously known to Bawarchi Biryanis, or developed by its employees, or obtained from sources other than you.

Your posting of Submitted Content is further subject to the following posting rules:

You may not post any content that, as determined in Bawarchi Biryanis’s sole discretion, is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, incites or promotes any illegal or criminal acts, or is otherwise objectionable or inappropriate. You may not post any content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of Bawarchi Biryanis. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
You may not post any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing users of the Services to a location for more information about a product or service.
You may not post any software, files or links to other sites, and you may not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Services, or feature of the Services. You may not modify in any way any specifications, technology or application codes provided to you by Bawarchi Biryanis or as embedded in the Submitted Content unless expressly authorized in writing by Bawarchi Biryanis.
You may not share or transfer password or other access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of any account you have been permitted to create on the Services and for the confidentiality of your password.
You understand and acknowledge that messages and postings are the sole responsibility of the author, and that Bawarchi Biryanis is not responsible for the message, or information, data, text or other materials in any message that may appear in a chat room, message board, or other interactive feature of the Services. Opinions expressed by users do not necessarily reflect the opinions of Bawarchi Biryanis.

Bawarchi Biryanis has no obligation to monitor any materials posted, transmitted, or communicated to or within the Services. Bawarchi Biryanis, in its sole discretion, has the unexclusive right to: (i) remove or refuse to post any Submitted Content, (ii) disclose your identity or other information about you to any third party who claims that Submitted Content contributed by you violates their rights, including their intellectual property rights or their right to privacy, and (iii) cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose your identity or other information.

If you believe that something on the Services violates these Terms please contact the Copyright Agent, Bawarchi Biryanis,4940 McDermott Rd, Suite #100 , Plano, TX - 75024; or by email to info@bawarchibiryanis.com.

USER ACCOUNT PAYMENT METHODS

Bawarchi Biryanis enables you to make card-based purchases through the Services by linking your user account to a debit, credit, and/or prepaid credit card issued in the United States (“Payment Method”). Your user account is not a bank account. Bawarchi Biryanis is not a bank and does not offer banking or “money transmission services,” and is not a “money service business,” as those terms are defined by the U.S. Department of Treasury. By linking a Payment Method to your user account, you represent that you are an authorized user of the Payment Method. You may change the Payment Method associated with your user account at any time. You are responsible for ensuring that the Payment Method associated with your user account is at all times current, non-expired, and valid for payments.

By associating a Payment Method with your user account, you consent to Bawarchi Biryanis temporarily authorizing a charge on that Payment Method, typically for one dollar (US $1.00) or less, as part of our verification process. Bawarchi Biryanis may elect to make this temporary authorizing charge in its sole discretion. You will not be required to pay this charge, and it will disappear from your Payment Method statement within a few days.

PAYMENT AUTHORIZATION

By linking a Payment Method to your user account, you authorize Bawarchi Biryanis to charge your linked Payment Method as necessary to complete payment to Bawarchi Biryanis for the purchase or transaction, including for the total transaction amount less any credit redeemed in connection with your purchase. If such charge is rejected or fails, Bawarchi Biryanis may charge your Payment Method again at a later time without advance notice to you. In the event you are entitled to a reversal, refund, chargeback, or other adjustment associated with a purchase you made using your user account, you authorize a credit to your Payment Method by Bawarchi Biryanis to execute that transaction.

Your represent and warrant that (i) the Payment Method you supply to us is true, correct and complete, (ii) you are duly authorized to use such Payment Method for the purchase, (iii) charges incurred by you will be honored by the financial institution supporting the Payment Method, and (iv) you will pay charges incurred by you at the posted prices, including delivery and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Services at the time of your order.

All purchases, orders, and charges authorized using the Services subject to the terms and conditions set forth by the entities that issue your Payment Method and the Payment Processor. You are responsible for complying with those terms and conditions, and you are responsible for payment of all charges and related fees imposed by such entities pursuant to those terms and conditions.

There is no limit on the frequency of transactions you may make using your user account. However, Bawarchi Biryanis reserves the right to impose limits without notice on the amount of transaction(s) you make at Bawarchi Biryanis’s sole discretion, for any reason or no reason.

PAYMENT PROCESSING

We use a third-party payment processor (the “Payment Processor”) to process any payments made through the Services. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. Bawarchi Biryanis is not responsible for these financial transactions, the security of your financial information with respect to these transactions, or any errors by the Payment Processor. You acknowledge and agree that we are not responsible for any unauthorized charges or other breach of your financial information and/or security.

YOUR ORDER

Bawarchi Biryanis enables users to transact with Bawarchi Biryanis to initiate online purchases from participating restaurants. When you place an order through the Services, you are ordering directly from a participating restaurant and the contract for supplying the products will be between you and the restaurant that accepts your order. The restaurant where you collect your products is responsible for preparing the products and providing them to you. You further understand and agree that you are purchasing directly from restaurants (and not Bawarchi Biryanis) and that Bawarchi Biryanis has no responsibility arising out of or related to any products that you purchase from restaurants through the Services.

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by the restaurant that you selected, or there will be no obligation to sell the products or services to you. Bawarchi Biryanis may choose not to accept orders through the Services, in its sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

When you purchase products or services through the Services, prices will be made clear during the order process. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email or in-Services notification. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for delivery and handling. All such taxes and charges will be added to your order total, and will be itemized in your shopping cart and in your order confirmation email or in-Services notification. Bawarchi Biryanis may charge you a convenience or service fee in addition to the amounts charged in connection with a Bawarchi Biryanis transaction utilizing the Services. This service fee will be displayed in the Services and in your email receipt as a “Service Fee.”

Prices posted on these Services may be different than prices offered at each Bawarchi Biryanis franchise location. All prices, discounts, and promotions posted on this Services are subject to change without notice. Bawarchi Biryanis does not warrant the completeness or accuracy of any information, including menu information, product descriptions, ingredient lists, calorie count, or business operation information. The inclusion of any product or service on the Services does not imply or warrant that these products or services will be available at the restaurant where you collect your order. Bawarchi Biryanis strives to display accurate price information, however, it may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. In addition, we may offer, from time to time, promotions through the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

Bawarchi Biryanis reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. Bawarchi Biryanis reserves the right, with or without notice, to do any one or more of the following for any reason: (i) limit the available quantity of or discontinue any product or service, (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion, (iii) bar you from making or completing any or all transactions, and (iv) refuse to provide you with any product or service. You are solely responsible for any taxes applicable to your transaction. You acknowledge and agree that the ability to purchase products and services through the Services is only available at participating locations (which locations are subject to change without notice). Prices and availability of menu items and customization options vary by location.

You agree to be charged at the time you place your order for product or services, and that the transaction for the purchase of products or services is final and complete at the time you are charged. Once your order is placed, changes cannot be made to the order except to the extent edit options are made available on the Services in Bawarchi Biryanis’s sole discretion. You may not cancel your order after submitting through the Services. All orders must be collected at the restaurant selected at the time of submission, within one hour from submitting the order.

DELIVERY VIA APP OR WEB

In some locations, you may be able to place an order for delivery. Bawarchi Biryanis and its delivery vendor(s) reserve the right to accept or decline an order for any reason up until the time the product is delivered to you. You acknowledge and agree that delivery times may vary, and that Bawarchi Biryanis makes no warranty or guarantee with respect to when your order will be delivered. Delivery is not available in all locations. You agree that your delivery request (where available) may be fulfilled by a third party in Bawarchi Biryanis’s discretion. Prices posted by third-party delivery sites may be different from prices offered at each Bawarchi Biryanis franchise location. Bawarchi Biryanis does not warrant the completeness or accuracy of any information provided by third-party delivery sites. You further agree that Bawarchi Biryanis may provide your contact information, including telephone number, to its delivery vendor(s) so that you may receive information regarding your order.

RETURNS AND REFUNDS

Bawarchi Biryanis will not accept returns of good or services purchased through the Services. You may be entitled to a refund, at the sole discretion of Bawarchi Biryanis or its agents, based on the individual circumstances underlying each request. All refunds will be processed via the Payment Method used to place the order. Please allow at least four weeks for the refund to be processed. Refund times may vary based on the terms and conditions of the issuer of your Payment Method.

FAILED TRANSACTIONS

In the event that Bawarchi Biryanis is unable to successfully charge any linked Payment Method, Bawarchi Biryanis will notify you via email and/or an in-Services notification, and the order will not be completed. Upon Bawarchi Biryanis’s notification to you of such failure, you agree to resolve any outstanding uncharged balance by either issuing a one-time payment or linking a new valid Payment Method. Bawarchi Biryanis is not responsible for any charges imposed by the issuer of your Payment Method as a result of any failed charge by Bawarchi Biryanis.

To the extent that Bawarchi Biryanis is unable to successfully charge any Payment Method linked to your user account as payment for authorized transactions for more than thirty (30) days, you understand and agree that Bawarchi Biryanis may employ a collection agency or other business in an effort to collect any outstanding debts and fees associated with your user account, and you will not contest the use of a third party to collect the debt and fees owed to Bawarchi Biryanis. You agree that you will be responsible for any legal, court, arbitration or collection agency fees associated with rectifying your user account and all monies owed thereunder.

PROHIBITED TRANSACTIONS

The Services may only be used for the bona fide purchase of goods and/or services offered in the ordinary course of Bawarchi Biryanis’s business, and may not be used to process a payment or otherwise transfer money between two parties. The Services may not be used for transactions in which you request cash back from Bawarchi Biryanis. The Services shall not be used for the purpose of accepting or transferring security or payment for loans, providing cash advances, check cashing, or otherwise distributing cash to any person or entity, or in connection with any lottery or gambling activity. Bawarchi Biryanis reserves the right to decline any attempted transaction if it appears that any of these Terms have been violated.

RECEIPTS AND STATEMENTS

Bawarchi Biryanis will provide you with an electronic transaction receipt, through an in-Services notification and/or by email and/or by text as you opt-in while placing the orders. Bawarchi Biryanis charges to your authorized Payment Method(s) may appear on your statement from the card issuing institution with the prefix “Bawarchi Biryanis” preceding each unique store information. You agree not to knowingly falsely report such charges as fraudulent or unauthorized claims to your Payment Method issuing institution. A knowingly false report of a fraudulent or unauthorized charge shall be grounds for Bawarchi Biryanis, in its sole discretion, to terminate your use of the Services, and seek any other remedies available to Bawarchi Biryanis.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Bawarchi Biryanis, its parents, affiliates, subsidiaries, officers, employees, and Services contractors and each of their officers, employees and agents from any actual or alleged claims, demands, causes of action, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorney’s fees) arising out of or relating to: (i) your violation of these Terms, (ii) your violation of any local, state, federal, or international law, rule, or regulation, (iii) a claim by a third party that is based on your use of the Services, your Submitted Content, or participation in the Services, (iv) information or material posted or transmitted through your device, computer, or account, even if not submitted by you, (v) any misrepresentation made by you, (vi) any dispute between you and another user of the Services or participant in the Services relating to the Services in any way, (vii) the theft, misappropriation, or disclosure of your password or other account details, (viii) your authorization of anyone else to use your account or password, and/or (ix) your use of any of the products or services provided through the Services which may result in, without limitation, injury to or death of any person or damage to any property. You will cooperate as fully and as reasonably required in Bawarchi Biryanis’s defense of any claim. Bawarchi Biryanis reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without the written consent of Bawarchi Biryanis.

HYPERLINKS

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

MOBILE SERVICES

If you choose to participate in the Services on a mobile device, you are solely responsible for obtaining and paying for any such mobile device, and all related fees and services, including data and internet usage fees. You may choose to participate in Bawarchi Biryanis promotions or services that may involve the use of text messaging (either sending or receiving). If you chose to subscribe to text messaging from Bawarchi Biryanis, you consent to receive text marketing messages at the mobile number you provided, including messages sent using automated technology from or on behalf of Bawarchi Biryanis, and understand that such consent is not a condition of purchasing any goods or services. Bawarchi Biryanis will not charge you for the text messaging; however, standard text messaging rates will apply to each text message sent or received as provided in your wireless rate plan (contact your carrier for pricing plans and details). When a user signs up for the Loyalty Program, they have the option to opt into Text Alerts for receiving any informational, loyalty, or marketing related alerts. Message and data rates may apply. You will receive text alerts from the telephone number 1-833-975-3598 and to opt-out of all marketing alerts reply STOP.


Many of our restaurants are owned and operated by franchisees. These Terms may not apply to any separate text message marketing programs offered by those franchisees. If you are receiving text messages from a Bawarchi Biryanis franchisee and wish to opt-out, you must do so directly through the respective franchisee. To stop receiving automated promotional text messages from Bawarchi Biryanis text “STOP” to 1-833-975-3598. You may also opt out by contacting Bawarchi Biryanis at the following email address: info@bawarchibiryanis.com.

Your voluntary provision of your cell phone number to Bawarchi Biryanis constitutes your consent that we, or someone acting on our behalf, may contact you by phone or text message at that phone number, and your consent to receive such communications for transactional, operational, or informational purposes. When you provide your phone number to us, you warrant that you are the current subscriber or authorized user of that phone number. You understand and agree that such calls and/or messages may be sent using automated technology, including but not limited to an automatic telephone dialing system or artificial or prerecorded voice. You understand and agree that you may not revoke your consent to be contacted in this manner. You agree to immediately contact us if any number you have provided to Bawarchi Biryanis is no longer associated with you. Your failure to provide and update your accurate information is a breach of this agreement. You agree that we and our agents may monitor and record any telephone calls or other communications between us and/or our agents and you and/or your agents.

SERVICES UPDATES

Bawarchi Biryanis may make available for download certain updates or upgrades for the Services to update, enhance, or further develop the Services (“Services Updates”). Bawarchi Biryanis may, at its discretion, automatically upload Services Updates to your device. You agree to accept these Services Updates, and to pay for any costs associated with receiving them. The license granted herein allows you to download and use the Services Updates to update the Services on any device that you own or control. This Agreement does not allow you to update devices that you do not own or control, and you may not make the Services Updates available over a network where it could be used by multiple devices or multiple computers at the same time. You may not make any copies of the Services Updates, unless such copy is authorized in writing by Bawarchi Biryanis.

APPLE APPLICATIONS

If you download and/or use the Services through an iPhone or iPad application, you acknowledge that this Agreement is entered into by and between Bawarchi Biryanis and you, and not Apple, Inc. (“Apple”). You acknowledge that Apple has no obligation to maintain or support the Services. These Terms incorporate and supplement the Apple terms and conditions located on The App Store, including the Licensed Application End User terms therein (“Apple Terms”). If you are using the Services through an Apple application, you also acknowledge and agree: (i) Apple has no obligation to provide support or maintenance services in relation to the Apple application, (ii) any claims relating to the possession or use of the Apple application are between you and Bawarchi Biryanis, and (iii) Apple will not be responsible or liable to you for any claim by a third party that your possession or use of the Apple application infringes any intellectual property rights. Apple does not give or enter into any warranty, condition or other term in relation to the Apple Application, and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Apple application.

Waiver of Jury Trials and Binding Arbitration.
YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE OR APP, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Mediation Procedures ("Commercial Rules").

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Governing Law and Jurisdiction

All matters relating to the Website or App and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Notices

To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site or App. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To Us. To give us notice under these Terms, you must contact us as follows: (i) by email at info@bawarchibiryanis.com; or (ii) by personal delivery, overnight courier or registered or certified mail to the Company’s address at 4940 McDermott Rd, Suite #100 , Plano, TX - 75024. We may update the facsimile number or address for notices to us by posting a notice on the Site or App. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.


Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary such that the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement
These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Website or App and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website or App.

Assignment
The Company will have the right to assign these Terms of Use (including all of its rights, titles, benefits, interests and obligations and duties hereunder) to any person or entity. You may not assign, in whole or in part, these Terms of Use to any person or entity. Any attempted assignment that does not comply with these Terms of Use will be null and void.

Survival
These Terms of Use which contemplate or govern performance or observance subsequent to the cancellation or termination hereof, or which by their nature should survive cancellation or termination, shall survive cancellation or termination hereof, including, without limitation, the terms set forth under the headings “Disclaimer of Warranties”, “Limitation on Liability”, “Indemnification” and “Governing Law and Jurisdiction”.

Your Comments and Concerns
The website is operated by Bawarchi Biryanis, a Texas corporation, with its principal office at 4940 McDermott Rd, Suite #100, Plano, TX - 75024

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@bawarchibiryanis.com

 
BAWARCHI BIRYANIS REWARDS CLUB OR LOYALTY PROGRAM TERMS AND CONDITIONS

THESE PROGRAM TERMS AND CONDITIONS ("PROGRAM TERMS AND CONDITIONS") INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH BELOW. BY PARTICIPATING IN THE PROGRAM YOU AGREE TO ACCEPT THESE PROGRAM TERMS AND CONDITIONS AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND CONSENT TO THE PRIVACY POLICY AND TERMS OF USE, WHICH ARE INCORPORATED INTO, AND MADE A PART OF THIS CONTRACT. THE PRIVACY POLICY DESCRIBES HOW WE COLLECT, USE, AND SHARE INFORMATION. IN THE EVENT THERE IS ANY CONFLICT AMONG THESE PROGRAM TERMS AND CONDITIONS, THE PRIVACY POLICY AND THE TERMS OF USE, THESE PROGRAM TERMS AND CONDITIONS WILL GOVERN. Bawarchi Biryanis RESERVES THE RIGHT TO UPDATE OR MODIFY THESE PROGRAM TERMS AND CONDITIONS AT ANY TIME WITHOUT PRIOR NOTICE. THOSE CHANGES WILL GO INTO EFFECT ON THE LAST UPDATED DATE SHOWN IN THE REVISED PROGRAM TERMS AND CONDITIONS. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE PROGRAM TERMS AND CONDITIONS WHENEVER YOU VISIT OUR WEBSITE.

The Bawarchi Biryanis loyalty program (“Program”) consists of 3 expressions: Bawarchi Rewards Club, Bawarchi Rewards, Bawarchi Club, is offered exclusively by Bawarchi Biryanis, and its subsidiaries and affiliates (also referred to as “Bawarchi Biryanis,” "we," "our," or "us"). Members (also referred to as "you," "your," and include "Card Members") participating in the Program agree to be bound by these Program Terms and Conditions ("Program Rules"), the Terms of Use, and the Privacy Policy, (both of which are incorporated herein by reference) as those terms may change from time to time.

These Program Rules supersede all previous terms and conditions applicable to the Program. All Program benefits, offers, rewards, and services are subject to availability. Bawarchi Biryanis may at any time amend, modify, supplement, or terminate the Program, these Program Terms and Conditions, the structure for earning rewards, or reward levels, even though such changes may affect the value of rewards, or the ability to obtain certain rewards. If the Program is terminated, all unredeemed benefits will be forfeited without any obligation or liability and will not be honored upon termination or after the conclusion of the notice period, if any notice is required by law. Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other circumstances beyond our reasonable control.

We reserve the right to cancel or suspend your participation in the Program or any Rewards earned and not yet used in the event of suspected fraud, abuse of rewards privileges, violation of these Program Terms and Conditions, or at our discretion. The Program is limited to the United States only. Members are responsible for any tax liability related to participation in the Program.

Privacy Policy
Personal information that you provide in connection with the Program will be handled in accordance with our Privacy Policy. When you enroll in the Program and provide us your email address, you are opting-in to receive marketing emails from us. You may change your marketing email preferences at any time by clicking on the link found at the bottom of our marketing emails or from the app preferences settings. You will, however, continue to receive transactional messages from us regarding the Program.

Additionally, your mobile phone number is your unique membership identifier and must be provided at checkout for all in-store transactions in order to earn points on eligible purchases. For online transactions you must be signed into your online account to earn points on Qualifying Purchases. Because we use your mobile number and email address to identify you as a member and to notify you of Program benefits, you must ensure that both are accurate and current.

If you would like to know more about how we collect and use your personal information to support the Program and for additional information on the value of your data (including data about your credit card account) please see our Privacy Policy.

Membership

GENERAL PROGRAM MEMBERSHIP:
Open to natural persons only. Corporations, groups, and associations are not eligible to participate in the Program.

Membership in the Program is available to any U.S. resident, who is at least 16 years old and signs up by providing applicable information at our store locations including franchises or online via Bawarchi Mobile Apps (access: https://frgl.in/lXRyqDTK), in the United States (collectively referenced as our “Family of Brands” or “Bawarchi Biryanis locations”). Membership is free and optional. No purchase required to sign up. Employees, officers, directors, agents and representatives of Bawarchi Biryanis are eligible to join. We may decline membership in the Program to any enrollee at our discretion and without prior notice.

The Program benefits and rewards are currently non transferable. Upon the death of a member, the member’s loyalty account Program will be closed and any benefits or points in the account will be forfeited. When enrolling as a general member, you will enter the Program as a STAR Member.


MEMBERSHIP STATUS LEVELS: Upon reaching certain milestones, members will unlock higher membership status levels with additional benefits based on the total spend on Qualifying Purchases (defined as products purchased at our stores for personal use. Excludes amounts for sales tax, state fees, gift packaging fees, handling or delivery charges, and any amount paid using a purchase order, gift card, gift certificate, credit voucher, refund check, or any other type of store credit. You will not earn points for the amount of any coupon or discounts, or the value of any Rewards applied to your purchase).

BAWARCHI STAR MEMBER: no minimum Qualifying Purchases.

BAWARCHI VIP MEMBER: any qualifying member who spends $500 or more, will be automatically upgraded for VIP and to maintain or retain the status member should subsequently maintain min. $500 in total within every respective year after upgrade

BAWARCHI VVIP MEMBER: ny qualifying member who spends $1000 or more, will be automatically upgraded for VIP and to maintain or retain the status member should subsequently maintain min. $500 in total within every respective year after upgrade

Benefits of Membership
Communications regarding the Program, including benefits, and promotions will be sent via email or push notifications or sms based on your opt-in preferences, so please keep your email address or phone number current. We are not responsible for communications, offers, or rewards sent to out-of-date email addresses.

Earning Points
To earn points at our Family of Brands or Franchises, members must provide a phone number for in-store purchases or be signed into your online account for online purchases. All points earned will accumulate in one single Program account.

BONUS POINTS: From time to time, we may offer the opportunity to earn bonus points. The promotional materials may identify additional qualifying events, exclusions, and restrictions. Bonus points will not be used to determine your qualification for membership status.
In addition, any transaction amount paid with earned rewards, a purchase order, gift card, merchandise credit, mail certificate, gift certificate, credit voucher, refund check, or any other type of store credit, will not earn any points. Other exclusions may apply during special promotions.

You will not earn rewards points for the amount of any coupons or discounts on a transaction, on purchases made through any third-party platforms (such as Grubhub, Doordash, Ubereats etc), or the value of any points or rewards applied to your purchase.

You may see rewards points you receive advertised as “X points back in Rewards.” You will receive a different points rate for different membership levels status.For points accumulated, you will earn eligibility and claim freebies at different points slabs. For example of points earned:



Membership Status Level
Points Earned
Bawarchi Star
10 Points for every $1 Spend
Bawarchi VIP
11 Points for every $1 Spend
Bawarchi VVIP
12 Points for every $1 Spend


There is no limit as to the number of points you can earn. You are not allowed to redeem points for cash. Points received for items that are returned will be deducted from your points balance at the time of the return. If any deduction puts your account into a negative points balance, you will not be eligible to use your rewards to receive a discount until you earn a positive balance.

Redeeming Rewards

Points may be redeemed for complimentary Bawarchi Biryanis items at participating Bawarchi Biryanis stores in the United States. Bawarchi Biryanis Rewards may offer different Rewards based on different redemption tiers or levels. Note that the Rewards available and Points redemption tiers may vary by location, and that Bawarchi Biryanis may adjust the items included in each tier at any time in its sole discretion. The Star redemption tiers for redeeming points at participating Bawarchi Biryanis stores in the United States are as follows:

Points Slab
Freebie Offered
Terms
300 Points
Free Any Dessert (TBD)
No Min Bill
500 Points
Free Any Snacks
Min. Bill $10
1000 Points
FREE Any Appetizer (Veg, Chicken)

Min.Bill $20
1500 Points
FREE Any Biryani (Veg, Chicken)
Min.Bill $30
2000 Points
FREE $30 Voucher
Min. Bill $50
3000 Points
FREE $50 Voucher
Min. Bill $75


Points Redemption Availability May Vary; Participating Bawarchi Biryanis Stores Only

Not all Bawarchi Biryanis stores have the ability to honor points redemption or provide points redemption at multiple tiers. Additionally, the items available for redemption in each points redemption tier may vary. 

Other Important Points Redemption Information and Exclusions

Points may be redeemed at participating Bawarchi Biryanis stores and are ineligible to be redeemed for the following items: alcoholic beverages; multi-serve food or beverage items (for example, a tray of Biryanis, Platters etc);

You cannot redeem multiple Star redemption tiers within a single food order. For example, you cannot redeem 1000 points for a Free Appetizer and 500 Points for Any Snacks within a single food order.

Additional Benefits of Bawarchi Biryanis Rewards

Different Benefits are provided exclusively for different membership levels

Benefit
STAR
VIP
VVIP
Signup or Welcome Bonus Offer
One Free Biryani
(Min. Bill $25)
$15 OFF
(Min. Bill $50)
$20 OFF
(Min. Bill $50)
Birthday Gift
(once a year)
15% OFF
Valid for Birthday Month
Min. Bill $25
20% OFF
Valid for Birthday Month
Min. Bill $25
25% OFF
Valid for Birthday Month
Min. Bill $25
Anniversary Gift
(once a year)
15% OFF
Valid for Birthday Month
Min. Bill $25
20% OFF
Valid for Birthday Month
Min. Bill $25
25% OFF
Valid for Birthday Month
Min. Bill $25
Surprise Offer
Not Applicable
Yes
Yes

And further

Personalized offers and coupons. Special offers may be distributed by email or text alerts, through the App (including via push notifications). You may be required to opt-in and activate special offers via the App or via email. In order to receive and activate personalized special offers distributed via email or text, you must opt-in to receive promotional and marketing offers from Bawarchi Biryanis and you may be required to provide a valid email, telephone. Special offers may be customized based on your purchase behaviors and preferences, and may include periodic discounts on food, beverages and merchandise, or the opportunity to earn Bonus Points. Special offers may have certain restrictions, including expiration dates and short, time-limited redemption periods. Special offers are personal to you and cannot be shared, copied or transferred. You may be required to scan your member barcode in the App or present the phone number or membership id in order to redeem special offers. Read each offer carefully for specific details, expiration dates, and limitations and restrictions. Bawarchi Biryanis reserves the right to change or suspend the personal offers and coupons in its discretion.
Double Points Day. Bawarchi Biryanis may offer Double Points Days, where you can earn twice the number of Points for your purchase. Bawarchi Biryanis will notify you of a designated Double Points Day, which will be personalized and selected by Bawarchi Biryanis for you. You must download the Bawarchi Biryanis app OR opt-in to receive promotional and marketing emails or text alerts from Bawarchi Biryanis in order to receive notice of a designated Double Points Day. You also may be required to "activate" your Double Points Day by clicking within the notification email or the notification within the App. Bawarchi Biryanis reserves the right to exclude certain products and merchandise from Double Points Day eligibility and to modify the Double Points Day benefit.

The Program sends transactional emails or text alerts related to your membership in the Program including but not limited to the following: welcome update; recurring membership status statements and/or updates; issuance of rewards points earned; reminder of upcoming expiration of earned points; etc. To stop receiving these transactional emails, you must cancel your Program membership. To stop receiving text alerts, you must opt-out by sending a STOP message. These transactional emails or text alerts will be in addition to any marketing emails for which you may have subscribed to receive.

By enrolling in the Program, you will also be signed up to receive marketing emails from the brand in which you initiated enrollment into the Program. To stop receiving marketing emails, click on the self-service unsubscribe link found in the footer of any marketing email, or follow the instructions in the Privacy Policy. This process needs to be completed for each brand’s marketing emails from which you wish to unsubscribe.

For opt-in to text alerts, you will need to give your consent at the time signup in the app or in account settings to receive text messages and you will receive these messages on recurring basis for updates, loyalty and marketing alerts. For text messages, data rates may apply. Opt-out by replying to the STOP keyword for marketing messages.

Cancellation of Membership
Members must maintain an active Program membership to earn and redeem points. You may opt out of the Program at any time. If you opt out of the Program, you will no longer earn points or be able to redeem points and you will forfeit your unused and unexpired points. Deletion of points is final and cannot be reversed. To cancel a Program membership, please email us at info@bawarchibiryanis.com. 

Unless you have canceled your Program membership, you will earn points when using your Bawarchi Biryanis credit card to make Qualifying Purchases. If you cancel or request deletion of your Program membership and still use your Bawarchi Biryanis credit card, you will not earn points or enjoy any of the benefits of the Program on any purchases you make with the Bawarchi Biryanis credit card.

Severability
If any provision of these Program Rules or the application of any such provision to any person or circumstance is held invalid, illegal, or unenforceable for any reason whatsoever, the remaining provisions of these Program Rules and the application of such provisions to other persons or circumstances shall not be affected. To the fullest extent possible, the court finding such provision invalid, illegal, or unenforceable shall modify and construe the provision so as to render it valid and enforceable as against all persons or entities and to give the maximum possible protection to persons subject to indemnification within the bounds of validity, legality, and enforceability.

No Waiver
Bawarchi Biryanis’s failure to insist upon or enforce strict compliance with any provision of these Program Rules shall not be construed as a waiver of any provision or right and will not prevent us from enforcing such right or provision in the future. Nothing in these Program Rules will limit Bawarchi Biryanis from exercising any legal rights or remedies that it may have.

Errors or Inconsistencies
Despite our best efforts to ensure accuracy, errors occasionally occur. We reserve the right to correct such errors at any time even if it affects pending benefits, rewards, or points in your Program account. In the event of any inconsistency or discrepancy between the Program Rules or other statements contained in any related materials or advertising, the terms of the then-current Program Rules shall prevail, govern, and control.

Limitations of Liability and Damages
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE PROGRAM AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. Bawarchi Biryanis, ITS AFFILIATES, VENDORS, PARTNERS AND SERVICE PROVIDERS INCLUDING BARCLAYS BANK DELAWARE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THIS PROGRAM IS NOT WARRANTED TO BE AVAILABLE UNINTERRUPTED OR ERROR FREE.

Release of Liability
BY AGREEING TO PARTICIPATE IN THE PROGRAM YOU RELEASE Bawarchi Biryanis AND EACH SUCH COMPANY’S RESPECTIVE SUBSIDIARIES or RESPECTIVE FRANCHISES, DIVISIONS, AND AFFILIATE ENTITIES, ALONG WITH EACH SUCH COMPANY’S RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND OTHER EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) RELATING TO YOUR MEMBERSHIP OR CARD ACCOUNT OR PARTICIPATION IN THE PROGRAM OR THESE TERMS AND CONDITIONS.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Bawarchi Biryanis, AND BARCLAYS BANK DELAWARE, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE Bawarchi Biryanis PROGRAM TERMS AND CONDITIONS.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then the aggregate liability for all claims under such circumstances shall not exceed the lesser of (a) the amount paid by you for your participation in the Program during the prior 12 months or (b) $10. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages.

Accordingly, some of the above indemnities, limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

We may assign our rights and obligations under these Program Rules, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

Dispute Resolution and Arbitration Agreement

Informal Dispute Resolution
Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and Bawarchi Biryanis agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute must first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice must be sent:

to Bawarchi Biryanis at: Bawarchi Biryanis Legal Department, {4940 McDermott Rd, Suite #100 ,
Plano, TX - 75024}, Attn: General Counsel; or to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and Bawarchi Biryanis agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

Arbitration Agreement
To the extent the party asserting the dispute cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute must be resolved through binding individual arbitration. You and Bawarchi Biryanis agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and Bawarchi Biryanis expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.

You may begin an arbitration proceeding by sending a letter requesting arbitration to the Bawarchi Biryanis: Attn: General Counsel, The Bawarchi Biryanis,{4940 McDermott Rd, Suite #100 ,
Plano, TX - 75024}. You agree that the arbitration will be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. Bawarchi Biryanis will reimburse those fees for claims totaling less than $10,000. Bawarchi Biryanis waives its right to seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

In lieu of arbitration, either you or Bawarchi Biryanis may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.

This Arbitration Agreement is governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions will survive after this Agreement terminates or your use of the Program ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.

These Program Rules and Arbitration Agreement are governed by the laws of the State of Texas, without regard to any conflict of law provisions.

Waiver of Right to Bring Class Actions and Representative Claims
All arbitrations must proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court. However, to the extent permissible by applicable law, any relief awarded by the arbitrator must be individualized to you to not affect any other customer. You and Bawarchi Biryanis agree that each may bring claims against the other in arbitration only in your or Bawarchi Biryanis’s respective individual capacities and in so doing you and Bawarchi Biryanis hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If it is decided that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim, then that claim (and only that claim) must proceed in court and be severed from any arbitration.
Termination
With the exception of the Arbitration Agreement, which will survive the termination of these Terms, these Terms are effective unless and until terminated by either you or Bawarchi Biryanis You may terminate this Agreement at any time by canceling your Membership. Bawarchi Biryanis also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Program, if in Bawarchi Biryanis’s sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this Agreement for all purposes.

Customer Service
For questions or assistance, just mail us at info@bawarchibiryanis.com.

Effective as of October 9, 2023.