Terms of Use

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Last Updated: [10/28/2026]

PLEASE READ THESE TERMS CAREFULLY. SECTION 17 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS-ACTION AND JURY-TRIAL WAIVER THAT AFFECT HOW DISPUTES ARE RESOLVED. YOU MAY OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS AS DESCRIBED IN SECTION 17.9.

Acceptance of These Terms

    • These Terms of Use (“Terms”) are a legally binding agreement between you and HOCCO Foods USA LLC, a Georgia limited liability company doing business as Hocco – The Indian Kitchen (“Hocco,” the “Company,” “we,” “us” or “our”). They govern your access to and use of our websites, including https://hocco.us and https://order.hocco.us, our online ordering and catering services, our rewards and loyalty programme, our email and text-message programmes and any other online service that links to or posts these Terms (collectively, the “Services”).
    • By accessing or using the Services, creating an account, enrolling in the Rewards Programme or placing an order, you agree to be bound by these Terms and acknowledge our Privacy Policy, available at [https://hocco.us/privacy-policy] (the “Privacy Policy”), which is incorporated into these Terms by reference. If you do not agree to these Terms, you must not access or use the Services.
    • Additional terms may apply to particular features, promotions, the Rewards Programme, catering orders or third-party services (“Additional Terms”). Additional Terms are incorporated into these Terms. In the event of a conflict, the Additional Terms prevail for the relevant feature, except that Section 17 (Dispute Resolution) prevails over any conflicting Additional Terms unless they expressly state otherwise.
  2. Eligibility
    • You must be at least eighteen (18) years of age, or the age of majority in your state of residence, to place an order, create an account or otherwise use the Services. If you are at least thirteen (13) but under the age of majority, you may use the Services only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms. The Services are not directed to, and may not be used by, children under thirteen (13).
    • By using the Services, you represent and warrant that you meet these eligibility requirements, that all information you provide is accurate, current and complete, and that you will keep it updated.
  3. Changes to These Terms and the Services
    • We may modify these Terms from time to time. We will post the revised Terms with a new “Last Updated” date. Where a change is material, we will also provide additional notice, such as a notice on the Services or by email. Changes take effect when posted, unless a later date is stated. They do not apply to any dispute of which we had actual notice before the change. Your continued use of the Services after a change takes effect constitutes acceptance of the revised Terms.
    • We may change, suspend or discontinue all or any part of the Services, including menu items, prices, restaurant participation, ordering features and promotions, at any time and without liability to you.
  4. The Hocco Franchise System
    • Hocco restaurants are owned and operated by the Company, by the Company’s master franchisee for the United States (the “Master Franchisee”) or by independently owned and operated franchisees (together with any restaurant operated by the Master Franchisee, each a “Franchised Restaurant”). Each Franchised Restaurant is an independent business and is not an agent, employee, partner or joint venturer of the Company.
    • When you place an order with, or receive food or services from, a Franchised Restaurant, your contract for that order is with the Franchised Restaurant. The Franchised Restaurant is solely responsible for preparing, fulfilling and delivering your order and for the food, service, premises, pricing, refunds and staff at that restaurant. To the fullest extent permitted by law, the Company is not liable for any act or omission of any Franchised Restaurant.
    • Menus, prices, hours, promotions, payment options, delivery areas and the availability of items may vary by restaurant and are set by the operator of each restaurant. Prices shown on the Services may differ from in-restaurant prices and from prices on third-party delivery platforms.
  5. Accounts and the Rewards Programme
    • Certain features require an account or enrolment in our rewards and loyalty programme (the “Rewards Programme”). You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. You must notify us promptly of any unauthorised use. We may refuse, suspend or terminate any account at our discretion, including for suspected fraud, abuse or violation of these Terms.
    • The Rewards Programme is subject to the Rewards Programme Terms available at Hocco mobile Application, which are Additional Terms. Points, rewards and offers have no cash value, are not transferable or redeemable for cash, may expire and are void where prohibited. We may modify, suspend or terminate the Rewards Programme, or change the earning or redemption rules, at any time to the extent permitted by law. Participation by Franchised Restaurants may vary.
  6. Online Orders, Pricing and Payment
    • Order acceptance. An order you submit is an offer to purchase. An order is accepted only when the restaurant confirms it. The restaurant may decline or cancel any order, including where an item is unavailable, a price or description is in error, the order appears fraudulent or the restaurant is unable to fulfil it. If an accepted order is cancelled, any amount charged for the cancelled items will be refunded to your original payment method.
    • Pricing and errors. Prices, taxes, fees (including service, delivery and small-order fees) and any applicable gratuity will be displayed before you place your order. We and the restaurants strive for accuracy, but errors may occur. We reserve the right to correct any error and to cancel orders placed at an incorrect price, even after confirmation.
    • Payments are processed by third-party payment processors, and your payment information is subject to their terms and privacy policies. You authorise the charge of the total amount of your order, including taxes, fees and any gratuity, to the payment method you provide. You represent that you are authorised to use that payment method.
    • Pickup and delivery. Pickup and delivery times are estimates only. Where delivery is performed by a third-party delivery provider, that provider is responsible for the delivery. Orders not collected within a reasonable time may be discarded without refund. For alcohol or other age-restricted items, where offered, valid identification will be required.
    • Third-party delivery platforms. Orders placed through third-party platforms (such as Uber Eats, DoorDash or Grubhub) are governed by those platforms’ terms. Any refund or complaint must be directed in the first instance to that platform.
    • Refunds and complaints. If you are dissatisfied with an order, please contact the restaurant or us as described in Section 22 within twenty-four (24) hours. Refunds, credits or replacements are at the discretion of the operator of the relevant restaurant, except where otherwise required by law.
    • Catering orders and enquiries are subject to the catering terms provided at the time of booking, including any deposit, minimum-order, cancellation and final-headcount requirements. Submitting a catering enquiry through the Services does not create a binding booking until the booking is confirmed in writing by the relevant restaurant.
  7. Food Allergies, Dietary Information and Food Safety
    • Our food is prepared in kitchens that handle common allergens, including milk, eggs, wheat (gluten), soy, peanuts, tree nuts, sesame, mustard, fish and shellfish. Shared equipment and preparation areas are used. Although we take care, we cannot guarantee that any item is free of any allergen or that cross-contact will not occur. Labels such as “vegetarian,” “vegan,” “Jain,” “no onion, no garlic,” “gluten-friendly” or “mild/medium/spicy” are provided for convenience. They reflect recipes and intended preparation, not a guarantee.
    • If you have a food allergy, intolerance or special dietary requirement, you must inform the restaurant before ordering and make your own judgement about whether to consume any item. Any allergy or dietary information you include with an order is used only to help the restaurant prepare your order. It does not create any guarantee or warranty.
    • Nutritional and ingredient information, where provided, is approximate, may vary by restaurant, supplier, season and preparation, and may change without notice. Food should be consumed promptly after pickup or delivery. We are not responsible for food that is improperly stored, handled or reheated after it leaves the restaurant.
  8. Communications and Text Messages
    • By providing your email address or telephone number, you agree that we, and the operators of Hocco restaurants, may contact you by email, telephone or text message regarding your orders, account, Rewards Programme membership and customer-service matters, in accordance with the Privacy Policy.
    • Marketing texts. If you separately opt in to receive marketing text messages, you agree to receive recurring automated promotional and personalised marketing text messages (for example, offers and rewards reminders) from or on behalf of Hocco at the mobile number you provide. Consent is not a condition of any purchase or of enrolment in the Rewards Programme. Message frequency varies. Message and data rates may apply. Reply STOP to cancel and HELP for help. Carriers are not liable for delayed or undelivered messages. You represent that you are the subscriber or customary user of the number you provide. You agree to notify us promptly if you change or relinquish that number.
  9. Franchise Information
    • Information on the Services about franchise opportunities is for general informational purposes only. It is not an offer to sell, or the solicitation of an offer to buy, a franchise. An offer can be made only by means of a Franchise Disclosure Document delivered in compliance with applicable federal and state franchise laws, and, in states that require registration, only after the offering has been registered or an exemption obtained. Submitting a franchise enquiry does not create any franchise, licence or other relationship or any obligation on the Company or the Master Franchisee.
  10. Intellectual Property
    • The Services and all content and materials on them, including text, menus, recipes, photographs, graphics, logos, videos, software and the selection and arrangement of the foregoing (“Content”), are owned by or licensed to the Company or its affiliates and are protected by copyright, trademark, trade-dress, trade-secret and other laws. HOCCO, HOCCO – THE INDIAN KITCHEN, HOUSE OF CHONAS COLLABORATIVE and related names, logos and trade dress are trademarks of the Company, its affiliates or licensors (“Marks”). Nothing in these Terms grants you any right to use any Mark or Content.
    • Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Services for your personal, non-commercial use. All rights not expressly granted are reserved.
  11. User Content and Feedback
    • If you submit or post reviews, photographs, comments, suggestions or other content (“User Content”), you grant the Company and its affiliates and Franchised Restaurants a worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable and sublicensable licence to use, reproduce, modify, adapt, publish, translate, distribute, display and create derivative works from that User Content in any media, and to use the name, likeness or handle you submit with it, without compensation to you, to the extent permitted by law.
    • You represent that you own or have the necessary rights to your User Content, and that it does not infringe any third party’s rights or violate any law. We may, but are not obliged to, monitor, edit or remove User Content. Any feedback or suggestions you provide may be used by us without restriction or obligation to you.
  12. Prohibited Conduct
    • You agree not to:
      • use the Services for any unlawful, fraudulent or unauthorised purpose, or place false, fraudulent or speculative orders;
      • use any robot, spider, scraper, crawler or other automated means to access, collect data from or monitor the Services, or use Content to train, develop or improve any artificial intelligence or machine-learning model;
      • interfere with or disrupt the Services, circumvent any security or access control (including reCAPTCHA), or introduce any virus or malicious code;
      • reverse-engineer, decompile or attempt to derive the source code of any part of the Services, except as permitted by law;
      • resell orders, rewards or promotional codes, or abuse any promotion, including by creating multiple accounts;
      • impersonate any person or misrepresent your affiliation with any person, or harass, threaten or abuse restaurant staff or delivery personnel;
      • post any User Content that is false, defamatory, obscene, infringing, hateful or otherwise objectionable; or
      • use the Services in violation of these Terms or any applicable law.
  1. Third-Party Services and Links
    • The Services may contain links to, or integrations with, third-party websites, platforms and services, including payment processors, delivery platforms, maps and social-media services. We do not control and are not responsible for third-party services, their content or their privacy practices. Your use of them is at your own risk and subject to their terms.
  2. Disclaimers
    • TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT, PRODUCTS AND INFORMATION AVAILABLE THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. THIS INCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.
  3. Limitation of Liability
    • TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR ITS OR THEIR MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS (THE “HOCCO PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, USE OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    • TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE HOCCO PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID THROUGH THE SERVICES FOR THE ORDER GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS (US$100).
    • NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE OR WILFUL MISCONDUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
  4. Indemnification
    • To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the HOCCO Parties and the Franchised Restaurants from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms or any law; (b) your User Content; or (c) your misuse of the Services.
  5. Dispute Resolution; Binding Arbitration; Class-Action Waiver
    • Informal resolution. Before starting any arbitration or court proceeding, you and the Company agree to try to resolve any dispute informally. The party raising the dispute must send a written notice describing the claim and the relief sought: to us at the address in Section 22, or to you at the contact details we have on file. The parties will then negotiate in good faith for at least sixty (60) days. During this period, limitation periods are tolled.
    • Agreement to arbitrate. Except as provided in Section 17.6, you and the Company agree that any dispute, claim or controversy arising out of or relating to these Terms, the Services, any order, the Rewards Programme, any communication (including text messages) or our privacy practices (each, a “Dispute”) will be resolved exclusively by final and binding individual arbitration. This includes Disputes about the formation, scope, validity, enforceability or arbitrability of this Section 17 (except as provided in Section 17.7). The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs this Section 17. This agreement extends to Disputes with the Franchised Restaurants and the other HOCCO Parties, who are intended third-party beneficiaries of this Section 17.
    • Rules and forum. The arbitration will be administered by [the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. A single arbitrator will decide the Dispute. Unless the parties agree otherwise, the arbitration will be conducted by video conference or, if in person, in the county in which you reside. For claims under US$10,000, the arbitration will be conducted on written submissions only, unless the arbitrator determines a hearing is necessary.
    • If you initiate arbitration, you will pay only the filing fee that would apply to a consumer under the applicable rules (or that you would pay in court, if lower). The Company will pay all other administrative and arbitrator fees, except where the arbitrator finds your claim frivolous or brought for an improper purpose.
    • CLASS-ACTION AND JURY-TRIAL WAIVER. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOUR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A TRIAL BY JURY.
    • Either party may: (a) bring an individual action in small-claims court, if the claim qualifies and remains there; and (b) seek injunctive or other equitable relief in court to protect its intellectual property rights or to prevent unauthorised use or abuse of the Services.
    • Mass arbitration. If twenty-five (25) or more similar Disputes are asserted against the Company by the same or coordinated counsel, the following applies. The Disputes will be administered in batches of up to twenty-five (25), with one batch proceeding at a time, and fees will be assessed per batch. The parties will cooperate in good faith to implement this process. A court of competent jurisdiction will have authority to enforce this Section 17.7, and to enjoin the filing or prosecution of arbitration demands that do not comply with it. If the class-action waiver in Section 17.5 is found unenforceable as to any claim or form of relief (including any public injunctive relief), that claim or relief will be severed and decided in court after the individual arbitration concludes. It will not be decided in arbitration on a class basis.
    • Limitation period. To the fullest extent permitted by law, any Dispute must be commenced within one (1) year after the claim arises, or it is permanently barred.
    • Opt-out. You may opt out of this agreement to arbitrate by sending written notice to [privacy@hocco.us / legal@hocco.us] with the subject line “Arbitration Opt-Out” within thirty (30) days after you first accept these Terms. The notice must include your name, address, email and telephone number. Opting out will not affect any other provision of these Terms or any previous arbitration agreement with us.
    • Survival and severability. This Section 17 survives termination of these Terms and of your relationship with us. Except as provided in Section 17.7, if any part of this Section 17 is found unenforceable, the remainder will continue in effect.
  6. Governing Law and Venue
    • These Terms and any Dispute are governed by the Federal Arbitration Act and, to the extent not pre-empted, the laws of the State of Georgia, without regard to its conflict-of-laws rules. This does not deprive you of the protection of any mandatory consumer-protection law of your state of residence. Subject to Section 17, any action permitted to proceed in court will be brought exclusively in the state or federal courts located in [Fulton County], Georgia, and each party submits to the personal jurisdiction of those courts.
  7. Termination
    • We may suspend or terminate your access to the Services, your account or your Rewards Programme membership at any time, with or without notice, for any reason, including violation of these Terms. Sections 7 and 10 through 22, and any other provisions that by their nature should survive, survive termination.
  8. Accessibility; Electronic Communications; California Users
    • Electronic communications. You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications we provide electronically satisfy any legal requirement that they be in writing, in accordance with the federal E-SIGN Act.
    • California users. Under California Civil Code Section 1789.3, California users are entitled to the following notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
  9. General
    • These Terms, together with the Privacy Policy and any Additional Terms, constitute the entire agreement between you and the Company regarding the Services. They supersede all prior agreements on that subject. You may not assign these Terms without our prior written consent. We may assign them without restriction, including to an affiliate or a successor. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver. We are not liable for any delay or failure caused by events beyond our reasonable control. Headings are for convenience only, and “including” means “including without limitation.”
  10. Contact Us

Questions about these Terms, or notices under Section 17, may be sent to:

HOCCO Foods USA LLC, doing business as Hocco – The Indian Kitchen

Attn: Legal Department, 1100 Mill Creek, Greensboro, Georgia 30642, USA

Email: support@hocco.us