Terms of Service
SMS MOBILE MESSAGE MANAGEMENT PROGRAM TERMS AND CONDITIONS
Last revised: March 21, 2025

We, Red Tomatoes Indian Cuisine (“Red Tomatoes,” “We,” “Us,” or “Our”), together with our partner SpotHopper, are offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions (“Program Terms”). By opting in to or participating in the Program, you accept and agree to these Program Terms, including, without limitation, your agreement to resolve any disputes with Us and/or SpotHopper through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. These Program Terms are limited to the Program and are not intended to modify other agreements or terms and conditions that may govern the relationship between you and Us, or you and SpotHopper in other contexts.

User Agreement to Receive Text Messages

You agree to receive SMS mobile messages from Us and SpotHopper at the phone number you provided when you opted in to receive promotional notifications, and any additional or updated phone number you provide. Regardless of how you joined the Program, you agree that these Program Terms apply to your participation in the Program. You agree to receive autodialed, prerecorded, or predetermined mobile messages at the phone number you provided, and you understand that your consent to receive these messages is not required to make any purchase. These messages will include information on how to manage your subscription and may include special offers and other promotional content. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of the mobile messages you receive from Us or SpotHopper are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out

If you do not wish to continue participating in the Program or no longer agree to these Program Terms, you agree to reply STOP to any mobile message from Us or SpotHopper in order to opt out of the Program. You may continue to receive SMS messages while we process your request, and you may receive a mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out of the Program.

Duty to Notify and Indemnify

If at any time you intend to stop using the mobile telephone number that you provided to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions.

Program Description

Without limiting the scope of the Program, users can expect to receive messages concerning events, available products and services, and special promotions.

Cost and Frequency

Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with the Program.

Support Instructions

For support regarding the Program, text “HELP” to the number you received messages from. Or write to our email at info@redtomatoes.us. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.

Our Disclaimer of Warranty

The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We and SpotHopper will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program.

Participant Requirements

You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service.

Age Restriction

You may not use or engage with the Platform if you are under thirteen (13) years of age. If you are between the ages of thirteen (13) and eighteen (18), you must have your parent’s or legal guardian’s permission to do so.

Prohibited Content

You acknowledge and agree not to send any prohibited content over the Platform, including but not limited to fraudulent, obscene, or unlawful materials.

Dispute Resolution

In the event of any disputes, claims, or controversies arising out of or relating to the Program, they shall be resolved through binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its rules. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration.

Miscellaneous

We reserve the right to change these Terms from time to time. Any updates will be communicated to you. By continuing to participate in the Program after any such changes, you accept the updated Agreement.

For any questions regarding these Terms, contact us at:
Red Tomatoes Indian Cuisine
Website: https://redtomatoes.us/
Phone: +1 847-877-5575
Email: info@redtomatoes.us