TERMS OF USE
These Terms of Use (“Terms”) govern access to, and use of the franchise website, online forms, and related digital interfaces (collectively, the “Website”) operated by India Bazaar LLC, together with its parent companies, subsidiaries, affiliates, successors, and assigns (collectively, the “Franchisor”).
By accessing, browsing, or submitting information through the Website, you (“User”) acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Website.
1. Purpose of the Website
The Website is provided solely to allow prospective franchisees to submit preliminary, non-binding inquiries for informational and evaluation purposes only.
2. No Obligation; No Franchise Relationship
2.1 Non-Binding Nature.
Submission of any inquiry, form, proposal, or information does not create a franchise agreement, contract, partnership, joint venture, agency, employment relationship, or any other legal relationship between the User and the Franchisor.
2.2 Right to Refuse or Discontinue.
The Franchisor reserves the unrestricted right, in its sole discretion, to reject any inquiry, terminate discussions, or decline to offer a franchise at any time, with or without cause and without liability.
2.3 No Reliance.
User agrees not to rely on any preliminary communications, responses, or materials provided prior to execution of a formal franchise agreement.
3. Pre-Franchise Disclosure Document (Pre-FDD) Disclaimer
3.1 No Offer or Sale of a Franchise.
Nothing on the Website, nor any submission, response, discussion, or communication, constitutes or shall be construed as an offer to sell, solicitation to buy, or sale of a franchise.
3.2 No Reliance Prior to FDD.
User acknowledges that no representations, guarantees, inducements, or promises are authorized or binding unless expressly contained in the FDD and a fully executed franchise agreement.
4. FTC Franchise Rule Notice
4.1 FTC Compliance.
The Franchisor operates in accordance with the Federal Trade Commission Franchise Rule, which requires delivery of an FDD before any franchise agreement is signed or any consideration is paid.
4.2 No Financial Performance Representations.
The Franchisor makes no representations regarding sales, income, profits, or success of any franchise, except as expressly disclosed, if at all, in Item 19 of the FDD. Any discussions or examples prior to FDD delivery are not guaranteed and may not be relied upon.
4.3 State Law Compliance.
Certain states impose additional franchise registration or disclosure requirements. No franchise will be offered or sold unless all federal and state legal requirements are satisfied.
5. Confidentiality and Submission Guidelines
5.1 No Confidential Relationship.
Information submitted through the Website is not confidential and shall not be treated as confidential unless a separate written Non-Disclosure Agreement is executed by both parties.
5.2 User Representations.
User represents and warrants that all submitted information:
- is accurate and lawful;
- is owned by User or submitted with proper authorization; and
- does not infringe third-party rights.
5.3 License to Use Submissions.
User grants the Franchisor a perpetual, worldwide, royalty-free, non-exclusive license to use, store, review, analyze, and evaluate submitted information for legitimate business purposes, including franchise evaluation and process improvement.
6. Intellectual Property Rights
6.1 Ownership.
All content on the Website, including text, trademarks, logos, graphics, layouts, and software, is owned by or licensed to the Franchisor and protected by applicable intellectual property laws.
6.2 No License Granted.
Use of the Website does not grant User any license or right to use Franchisor intellectual property.
7. Prohibited Uses
User shall not use the Franchise Website to:
- submit false or misleading information;
- transmit spam or unsolicited communications;
- upload malicious code or viruses;
- scrape or harvest data;
- interfere with security or functionality; or
- violate any applicable law.
8. Data Protection and Privacy
All information submitted is handled in accordance with the Franchisor’s Privacy Policy, which is incorporated by reference. By submitting information, User consents to such processing.
9. Disclaimers and Limitation of Liability
9.1 “As Is” Basis.
The Website is provided “as is” and “as available,” without warranties of any kind, express or implied.
9.2 Limitation of Liability.
To the fullest extent permitted by law, the Franchisor shall not be liable for any direct, indirect, incidental, consequential, or special damage arising out of or related to use of the Website or submitted information.
10. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles. Exclusive jurisdiction shall lie in the state or federal courts located in that State.
11. Modifications
The Franchisor may modify these Terms at any time. Updated Terms are effective upon posting. Continued use constitutes acceptance.
12. Entire Agreemnet
These Terms constitute the entire agreement governing use of the Website and supersede all prior understandings relating solely to such use.