Terms and Conditions

TERMS of USE

This Oye Bombay Restaurant website (‘the Website’) is operated by Oye Bombay (‘Oye Bombay’). Your use of any information, images, text and online ordering application contained on the website (together the ‘Material’) is governed by these Terms of Use and the Privacy Policy. You acknowledge and accept that your use of the website indicates your acceptance of these Terms of Use and the Privacy Policy.

1. Variation of Terms of Use

These are the current Terms of Use and replace any previous Terms of Use. Oye Bombay may at any time vary the Terms of Use by publishing varied Terms of Use on the Website. You acknowledge that by doing this, Oye Bombay has provided you with sufficient notice of the variation of the Terms of Use and that you will comply with the Terms of Use, as varied from time to time and at any time. Since you are bound by these Terms of Use, you should periodically refer to them.

2. Information on the Website

Oye Bombay has made reasonable efforts to ensure that the Material is free from error. Oye Bombay however does not warrant the accuracy, adequacy or completeness of Material. The Website is intended to provide general information only. Information contained in the Website does not constitute or contain professional or other advice and may contain information that is outdated or incorrect. If you require specific information or assistance please call us on (03) 9589 3241. All Material is subject to change without further notice.

3. Online ordering

3.1 Any products and/or services provided through the online ordering application are done so on an “as is” and “if available” basis and the Website expressly excludes any warranties, conditions, representations or other terms with respect to the online ordering or the content or products displayed on it, whether express or implied, unless expressly stated to the contrary.

3.2 The pictures of the products are for presentation only. The ordered products may have differences (e.g. color, form, etc.) towards the photos existing on the site. The Website is not liable in any way if the description of products is not complete.

3.3 Delivery orders (if applicable) are also subject to:
(a)Your address falling in the defined delivery area of the Website;
(b)Availability of the Website being online for accepting online orders;
(c) Your Order may be subject to a minimum amount per order;
(d)The Client agrees to accept delivery of the Products at the agreed time and place of delivery. If you have chosen for the Products to be delivered, the Website will deliver the order to the main entrance of the delivery address but any deliveries carried into the delivery address will only be made if the driver and you consent to this. If you are not present to take delivery of the goods at the address given in your order, then Oye Bombay will not refund you the price for your order and will charge you for the full amount of your order.

3.4 You can pay by any of the methods listed in our checkout screen. Please make sure that if your order is placed using a credit or debit card, the card is valid on the date of your order placement. The Website may provide no refunds to the orders paid online. Contact Us directly to settle any payment dispute or refund claim.

3.5 Here at OyeBombay, we strive for excellent customer service and satisfaction but we understand that sometimes things beyond our control can go wrong. On the rare chance that everything does not go exactly to plan, please let us know so we can try and rectify the situation. Please contact us immediately (prior to initiating any returns) and we will do our best to either exchange items or offer you a refund.

4. Communication facilities

4.1 The Website contains communication facilities which provide for feedback by users to Oye Bombay, and may contain other electronic messaging and notice services (Communication Facilities).

4.2 It is a condition of your use of any Communication Facility and your access to the Website that you DO NOT do any of the following:

(a) post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information, image, text or other material of any kind whatsoever, including without limitation any transmissions that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
(b) post or transmit any information, image, text or other material of any kind whatsoever which violates or infringes upon the rights of any other person, without first obtaining permission from the owner or relevant right holder;
(c) post or transmit any Material of any kind which contains a virus or other harmful component;
(d) post, transmit or in any way exploit any Material of any kind for commercial purposes, or which contains any promotional material or advertising;

4.3 Oye Bombay may from time to time monitor or review the contents of its Communication Facilities and reserves its right to edit, refuse to post or to remove any Materials (in whole or in part) that in Oye Bombay sole discretion is in any way objectionable or in violation of any applicable law or these Terms of Use. Oye Bombay has no obligation whatsoever to Oye Bombay any Communication Facility or to edit, delete or refuse to post such contents, nor is Oye Bombay responsible for any contents in any Communication Facilities. You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.

4.4 Oye Bombay reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

5. User licence to Oye Bombay

5.1 By placing any information or other material on the Website (including inputting data or engaging in any other form of communication), you grant to Oye Bombay a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:

(a) use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display; and
(b) sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

5.2 The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of Oye Bombay and any other party authorised by Oye Bombay all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Oye Bombay, you will execute and deliver to Oye Bombay such instruments and take such other actions as may be required to give full legal effect to this grant of licence and waiver.

6. Linked websites

The Website may contain links to other websites operated by third parties (Third Party Websites). Oye Bombay does not endorse or approve of the operators of Third Party Websites or the material on Third Party Websites. Oye Bombay makes no warranties regarding the accuracy, adequacy or completeness of the material on Third Party Websites. Also, Oye Bombay makes no warranties that material on Third Party Websites does not infringe the intellectual property rights of any person or that reproduction of material on Third Party Websites is authorised.

7. Hyperlinking to Oye Bombay Website

7.1 Unless Oye BombayOye Bombay provides prior written consent, you are prohibited from:

(a) placing a hyperlink to Oye Bombay Website; and/or
(b) saving or otherwise using any of Oye Bombay intellectual property or other property on your web site.

7.2 Oye Bombay is not liable for and you must indemnify Oye Bombay against all liabilities, claim, actions, demands, suits, costs, expenses, damage, harm or loss, including any consequential losses, suffered or incurred by Oye Bombay arising directly or indirectly from or in connection with your use of the Website, particularly any material posted by you in breach of these terms and conditions.

7.3 Nothing Oye Bombay does or fails to do in connection with this clause 6, including failing, delaying or exercising a single or part of a right, will prejudice or operate as a waiver of Oye Bombay rights or otherwise prevent the exercise of Oye Bombay rights.

7.4 If Oye Bombay provides prior written consent, you must only hyperlink to parts of the Website.

8. Disclaimer and limitation of liability

8.1 The Trade Practices Act and similar State and Territory Legislation in Australia may confer rights and remedies on you in relation to the provision by Oye Bombay of goods or services on the Network which cannot be excluded, restricted or modified (‘Non-excludable Rights’). Oye Bombay does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

8.2 Except as provided for by the Non-excludable Rights:

(a) all Materials are provided “as is” and without warranties of any kind, either express or implied;
(b) Oye Bombay and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;
(c) Oye Bombay does not warrant that the functions contained in any Material or any Communications Facility or your access to the Network will be uninterrupted or error-free, that any defects will be corrected or that the Network or the server which stores and transmits Materials to you are free of viruses or any other harmful components;
(d) Oye Bombay does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or Third Party Websites) or any Material in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

8.3 To the fullest extent permitted by law, Oye Bombay liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Oye Bombay to the following:

(a) in the case of services supplied or offered by Oye Bombay:
(i) the supply of the services again; or
(ii) the payment of the cost of having services supplied again; and

(b) in the case of goods supplied or offered by Oye Bombay:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired.

8.4 Under no circumstances (including but not limited to any act or omission on the part of Oye Bombay) will Oye Bombay, its officers, employees, agents, contractors or its related entities be liable for any direct, indirect, incidental, special and/or consequential damages, loss, claim, expense or loss of profits whatsoever which result from any use or access, or any inability to use or access, or misuse by you or any other party, of the Network or otherwise in connection with any material or the Communication Facilities.

9. Intellectual property rights

All Material on the Website is protected by copyright and other intellectual property rights, whether registered or unregistered. The copyright is owned by Oye Bombay, companies related to Oye Bombay or third parties. No Material contained on the Network may be modified, copied, transmitted, distributed or reproduced without the prior written approval of Oye Bombay. You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of v, a related entity of Oye Bombayv or relevant third party or which is prohibited by these Terms of Use.

10. Termination

These Terms of Use and your access to the Website may be terminated at anytime by Oye Bombay without notice. All restrictions, disclaimers and limitations of liability by Oye Bombay will survive termination, however, you will be no longer authorised to access the Website.

11. General

These Terms of Use are governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms of Use, which will continue in full force and effect.

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