Terms and condition for Restaurant, Terms & Conditions of Indian Tandoori Kitchen (the 'Restaurant')

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES. By accessing, using, or otherwise availing of our services, you agree to the terms and conditions set out below ('Terms of Use'). The Terms of Use constitute a binding legal agreement between the Restaurant ('us', 'we' or 'our') and you. If you do not agree to any of the terms, you will not be entitled or permitted to access or use our services, and you must refrain from doing so.

We may change the Terms of Use from time to time, as permitted by applicable law. We will provide you with notice of any such change through our website, app, or other means, as appropriate. You should review the Terms of Use periodically, and you agree that your continued use of our services after we publish or send a notice about any changes to the Terms of Use constitutes your acceptance of the updated Terms of Use as of their effective date. If you object to any changes to the Terms of Use, you may stop using our services.

Purpose

The purpose of our services is to provide a simple, convenient, and cost-effective service that enables you (and other customers) to learn more about our restaurant, our offers, contact us, reserve a table, place orders for the delivery, pickup, or dine-in of food and/or other items (the 'Products') with us.

Technology Service Provider

The technology solutions used for our services, including our website and app, are created, maintained, and updated by Fleksa GmbH ('Fleksa'). Fleksa owns the intellectual property rights in the technology solutions they provide and is responsible for hosting, managing the code and data, and working with payment service providers. Fleksa assists us in updating the content and information on our website and app, as well as enhancing the products and services offered through regular updates. While we are responsible for the content and management of our services, Fleksa licenses their product to us for the duration of our contract with them. Please refer to Fleksa's terms of service and privacy policy for more information on their role and practices.

Disclaimer and Liability

You acknowledge and agree that our services are made available for use 'as is' and 'as available' and we make no representations and give no warranties of any kind whatsoever in relation to our services. It is your sole responsibility to ensure that our services are suitable for your purposes.

We acknowledge that nothing in the Terms of Use shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees.

Use of Data

Please refer to our Privacy Policy for information on how we may process information about you.

Third-Party Sites

We are not responsible or liable for the practices, content, or availability of third-party websites that may be linked to or from our services. These links are provided for your convenience only.

Obligations and Limitations on Use

By using our services, you agree that you will comply with the Terms of Use, provide accurate information when placing an order, and ensure that you are 18 years of age or older.

Orders And Payment

It is your responsibility to ensure that each order for Products that you place through our services is correct. We reserve the right, at our discretion, to change the Products and the prices of Products available through our services.

Delayed Deliveries

We strive to deliver your order within the estimated delivery time specified at checkout. However, there may be instances when deliveries are delayed due to unforeseen circumstances, such as traffic conditions, weather, or other factors beyond our control. In such cases, we will make reasonable efforts to notify you of the delay and provide an updated delivery time. We shall not be liable for any loss, damage, or inconvenience resulting from delayed deliveries.

No Cancellation Policy

As our food is prepared fresh upon receiving your order, we do not allow cancellations once an order has been placed and accepted. By placing an order through our services, you acknowledge and agree to this no-cancellation policy. In the event that we are unable to fulfill your order due to circumstances beyond our control, we reserve the right to cancel the order and will notify you as soon as possible. In such cases, a refund may be provided at our discretion.

Reservations

We accept table reservations through our website or app. By making a reservation, you agree to arrive on time and to inform us promptly in case of any delays or changes to your reservation. We reserve the right to release your reserved table to other customers if you do not arrive within a reasonable time after your scheduled reservation, as determined by our discretion.

Customer Contact and Feedback

We appreciate your feedback and suggestions, which help us improve our services. By using our customer contact page or other contact methods provided, you agree to share accurate and appropriate information. You also grant us the right to use, reproduce, and modify any feedback, suggestions, or other communications you share with us without any obligation to compensate you.

Menu and Product Availability

We strive to maintain an accurate and up-to-date menu on our website and app. However, menu items, ingredients, and prices are subject to change without prior notice, based on market conditions, ingredient availability, and other factors. We reserve the right to remove or change menu items and adjust pricing at our discretion. Product availability may also vary, and we cannot guarantee that all menu items will be available at all times.

Compliance with Local Laws and Regulations

By using our services, you agree to comply with all applicable local laws and regulations, including but not limited to health and safety guidelines, alcohol consumption and age restrictions, and any other regulations that may be in place.

Promotions and Offers

We may occasionally offer promotions, discounts, or special offers through our website, app, or other communication channels. These offers may be subject to specific terms and conditions, including expiration dates, limited availability, and other restrictions. We reserve the right to modify, extend, or terminate any promotions, discounts, or special offers at our discretion.

Account Creation and Login

By placing an order or making a reservation through our services, an account will be created for you with the information provided. This account allows you to easily manage your profile, view your order history, and manage your reservations. You are responsible for maintaining the confidentiality of your login credentials, including your username and password. You agree not to share your login credentials with any third party and to promptly notify us of any unauthorized use of your account or any other breach of security.

User Profile Management

As an account holder, you have the option to update your profile information, including your name, email address, phone number, and other relevant details. It is your responsibility to ensure that your profile information is accurate and up-to-date. We will not be held responsible for any issues arising due to incorrect or outdated profile information.

Order and Reservation History

Your account allows you to view your order and reservation history for your convenience. We strive to maintain accurate records of your orders and reservations, but we cannot guarantee the completeness or accuracy of this information. If you notice any discrepancies in your order or reservation history, please contact us immediately so that we can investigate and resolve the issue.

Account Termination

We reserve the right to suspend or terminate your account and restrict your access to our services at any time, without notice, for any reason, including but not limited to violations of our Terms & Conditions, applicable laws, or if we believe that your account is being used for unauthorized purposes. You may also choose to terminate your account at any time by contacting us with a request to delete your account.

Food Allergies And Dietary Requirements

Please inform us of any food allergies or dietary requirements when placing your order. While we make every effort to accommodate special requests, we cannot guarantee that our kitchen is completely allergen free or that specific dietary needs will be met.

Communication

You consent to us providing you with notices and other communications electronically, either through our website, app, or other electronic means.

Cancellation

You acknowledge and agree that we may cancel an order placed by you, either before or after acceptance of such order, where we believe that inaccurate information was provided as part of this order or where circumstances beyond our reasonable control occur which prevent or hinder the completion of such order.

Termination

Either you or we may terminate the Terms of Use immediately at any time and without notice to the other. Upon such termination, you will not be entitled or permitted to access and use our services.

Food Quality and Safety

We are committed to providing high-quality and safe food to our customers. We follow all applicable food safety regulations and best practices in preparing and handling food items. However, we cannot guarantee that our food products are free from allergens or contaminants. You are responsible for informing us of any food allergies or special dietary requirements when placing your order.

Intellectual Property

All content on our website and app, including but not limited to text, graphics, logos, images, and software, is the property of the Restaurant or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. Unauthorized use of our content, including copying, reproduction, or distribution, is strictly prohibited without our prior written consent.

User-Generated Content

User-Generated Content

Dispute Resolution

In the event of a dispute arising from the use of our services, we encourage you to contact us first to seek a resolution. If we cannot reach a satisfactory resolution, you may choose to pursue legal remedies in accordance with the governing law and jurisdiction specified in the Terms & Conditions.

Service Interruptions

Service Interruptions

General Terms

The Terms of Use and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms of Use or their subject matter shall be governed by and construed in accordance with the law of Germany. Any such dispute or claim shall be resolved exclusively in the courts of Germany.

Contact

All comments and questions can be directed to our designated contact methods as provided on our website or app.

Definitions

Our services means the technology solutions developed by Fleksa which are made available to you through our website, app, or other platforms and which enable you to place orders with us electronically for Products.

Privacy Policy

Please review our Privacy Policy, which is available on the Restaurant's website. This policy explains how we collect, use, and protect your personal information in accordance with applicable laws and regulations.

Cookie Policy

Please review our Cookie Policy, which is available on the Restaurant's website. This policy explains how we use cookies and similar technologies to enhance your experience while using our services and to help us understand how our website and app are being used.

Force Majeure

We will not be liable for any failure to perform or delay in the performance of any of our obligations under these Terms of Use due to events or circumstances beyond our reasonable control, including, but not limited to, acts of God, war, terrorism, strikes, lockouts, industrial disputes, accidents, fires, floods, storms, pandemics, or other natural disasters.

Severability

If any provision or part-provision of these Terms of Use is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms of Use.

Entire Agreement

These Terms of Use, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and us regarding your use of our services and supersede any prior agreements or understandings, whether written or oral, relating to the subject matter herein.

Waiver of Rights

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms of Use will be effective only if it is in writing and signed by us.

Assignment

You may not assign, transfer, or sublicense your rights or obligations under these Terms of Use without our prior written consent. We may assign, transfer, or sublicense our rights or obligations under these Terms of Use at any time without restriction.

Headings

The headings used in these Terms of Use are for convenience only and shall not affect the interpretation or construction of the provisions herein.

Language

These Terms of Use may be translated into other languages for your convenience. However, in the event of any inconsistency between the English version and any translated version, the English version shall prevail.

Updates to Terms of Use

We reserve the right to modify or update these Terms of Use at any time, and we will notify you of any changes through our website, app, or other means, as appropriate. Your continued use of our services after we publish or send a notice about any changes to the Terms of Use constitutes your acceptance of the updated Terms of Use as of their effective date. If you do not agree to the changes, you may stop using our services.

Indemnification

You agree to indemnify, defend, and hold harmless the Restaurant, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your use of our services (including negligent or wrongful conduct) by you or any other person accessing our services using your account.

Notice

Any notice required or permitted to be given under these Terms of Use shall be in writing and sent to the address specified in the 'Contact' section of these Terms of Use. All notices shall be deemed to have been duly given when received by the addressee.

Survival

Any provisions of these Terms of Use that, by their nature, should survive termination or expiration of these Terms of Use, including, without limitation, intellectual property rights, disclaimers, indemnities, and limitations of liability, shall survive termination or expiration of these Terms of Use and continue in full force and effect.

Relationship

Nothing in these Terms of Use shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and us. You and we are independent contractors, and neither party has any authority to bind or commit the other party in any way.

Contact us

If you have any questions, concerns, or comments regarding these Terms of Use, please contact us using the contact information provided on our website or app.