Terms and Conditions

Punjab

1. Application of Terms

1.1

By using this website (“Website”), which use includes making any online purchases for goods (“Goods”) using the Website, you acknowledge and agree you are bound by and your use of the Website is subject to:

(a) these terms of use (“Terms”); and
(b) the Punjab’s Privacy Policy (“Policy”),
(together “the Terms and Conditions”).

1.2 If you do not agree with any of the Terms or Conditions, you should immediately stop using the Website and should not purchase the Goods.
1.3 Reference to “you” means the person or entity who uses this Website from time to time and/or any other person or entity acting on your behalf including but not limited to any agents, employees, contractors and any other person authorised by you.
1.4 If you are acting on behalf of another person/entity, you and that other person/entity warrant you are authorised to act on behalf of that person/entity and are capable of binding you and that other person/entity to these Terms and Conditions.
1.5 Sohal Investments Pty Ltd ATF Sohal Family Trust trading as The Punjab Indian Restaurant (“the Punjab”) reserves the right, in its sole discretion, to change the Terms and Conditions in any manner and at any time without prior notice to you.
1.6 The Punjab will endeavour to post any changes to the Terms and Conditions on the Website as soon as reasonably practicable.
1.7 You acknowledge it is your sole responsibility to review and check any updates to the Terms and Conditions from time to time. You agree you will be deemed to have notice of any modifications once the Punjab posts the changes to the Website and your continued use of the Website shall be deemed acceptance of any changes on and from that time. By using this Website, you acknowledge you are over the age of 18.

2. Purchase

2.1

If you are unhappy with the total payment amount on the final confirmation screen, you should not place an order on the Website. Once an order is confirmed, you will not be able to cancel the order and you will be responsible for paying for all Goods ordered on the Website.

2.2 The Punjab will not refund any money paid for the Goods, give any credit or provide an exchange for any reason whatsoever including if the Goods are purchased in error.
2.3 Unless otherwise provided, you are responsible for payment of all taxes on the Goods in addition to the price payable for the Goods, including but not limited to goods and services tax from time to time.
2.4 The Punjab reserves the right to alter the final price for the Goods if an incorrect price is included in an online order caused by a software failure, error or malicious attack of the Website.
2.5 If you purchase Goods from the Website, it is your sole responsibility to collect the Goods from the Punjab.
2.6 Once the Goods are collected, the Goods are at your sole risk. You acknowledge and agree you:
  (a) are solely responsible for the manner in which Goods are handled and stored after collection from the Punjab; and
  (b) should store the Goods in accordance with all relevant health and safety standards.

3. Obligations

3.1

When using the Website, you acknowledge and agree you must not:

(a) attempt to undermine the security or integrity of the Punjab’s server, computing systems or networks or where the Website is hosted by a third party, that third party’s computing systems;

(b) interfere with any other person’s use of and enjoyment of the Website;

(c) use or misuse the Website in any way whatsoever and must not use the Website for any unlawful purposes;

(d) transmit, or input into the Website or any other sites any files that may damage any other person’s computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use);

(e) knowingly or recklessly post, link to, install or transmit, or permit third party users to post, link to or to transmit:

  1. any material that is abusive, threatening, harmful, malicious, defamatory, fraudulent, misleading, offensive, obscene, pornographic, profane or otherwise unlawful or which causes damage or injury to any person or property or causes the services provided by the Website to be impaired;
  2. any material containing a virus or other hostile computer program;
  3. any material that constitutes or encourages a criminal offence, gives rise to civil liability or infringes the intellectual property rights of any third parties.
3.2 You must at all times, observe all applicable laws, regulations, standards, codes and any directions, recommendations and decisions by any regulator or government body or authority with jurisdiction over the Website.
3.3 You take all measures to protect against unauthorised access to your password and computer.
3.4

When using the Website or making an online order, you agree to:

(a) ensure all usernames and passwords required for you to access the Website are kept secure and confidential and are not disclosed to any other party;

(b) immediately notify the Punjab of any unauthorised use of your passwords or any other breach of security and the Punjab will not be responsible for loss which occurs as a result of any unauthorised use and you may be held responsible for losses incurred by the Punjab or any third party due to any authorised use of your account; and

(c) take all other actions the Punjab reasonably deems necessary to maintain or enhance the security of and your use of the Website.

3.5 We work to protect the security of your financial information by using the latest 128-bit secure socket layer (SSL) encryption technology. You should ensure you take all measures to protect against unauthorised access to your password and computer.

4. No Representation or Warranty

4.1

All information and comments on our Website, third party sites or any other printed material regarding the Punjab, the Website or the Goods (“the Information”) is intended to provide you with general information on matters of interest only and should not be used other than for your own personal, non-commercial use.

4.2 Any Information is prepared in good faith and believed to be correct at the date of publishing. The Information is provided to you on the sole basis you have no right of recourse against the Punjab or any of its agents in the event of any mistake in or omission from such Information.
4.3

The Punjab makes no representation or warranty whatsoever that:

(a) the Goods are available or that a particular quantity of Goods is available for purchase; or
(b) the Information is complete or suitable for any person or any person’s particular circumstance or dietary requirements.

5. Acknowledgement / Disclaimer

5.1

You acknowledge and agree you:
(a) use the Website;
(b) rely on the Information; and

(c) purchase and consume the Goods,
at your own risk.

5.2 You assume full responsibility for risk of loss and damage resulting from the use of the Website, reliance on the Information and/or from the purchase and consumption of the Goods.
5.3 You warrant you have conducted your own enquiries regarding the Goods before their purchase and consumption and to the fullest extent permissible under law, you acknowledge the Punjab disclaims all liability and responsibility for the content of the Information and any errors or omissions contained therein and any loss or damage relating to the Website and the Goods.
5.4

You acknowledge and agree:

(a) given the nature of electronic communication and systems, there may be various factors which affect your ability to use the Website and/or to place online orders and/or the Punjab’s ability to receive online orders; and

(b) the Punjab is not liable in any way whatsoever for any inability, delay, failure or any damage, loss or expense caused or contributed to by any of the matters in clause

5.5 You are solely responsible for using appropriate and up to date firewall and antivirus software to protect your computer systems.
5.6 If the Website contains links to third party websites, this is not an endorsement of the materials of that site, or any associated organisation, product or service. The Punjab assumes no responsibility for the content, policies or practices of any third party websites and products. By using the Website, you release the Punjab from any and all liability arising from your use of any third party website.
5.7 It is your responsibility to ensure the Punjab is provided with all of your correct contact details. The Punjab is not liable to you for any loss or damage you may incur as a result of you not providing your current or correct details or not receiving any communication from the Punjab regarding the Website or the Goods.
5.8

To the maximum extent permitted by law:

(a) the Punjab excludes all guarantees, conditions or warranties regarding the Website and the Goods which may be implied or imposed by law including (without limitation) any warranties;

(b) the Punjab excludes all liability and responsibility to you or any other person for any direct or indirect loss, damage, liability, cost or expense suffered which results from any use of, or reliance on, the Website or consumption of the Goods;

(c) without limiting the generality of any other conditions, the Punjab does not guarantee or make any warranty:

  • the Website will work on all computer hardware platforms or configurations;
  • the Website is free from errors, surreptitious code or contaminants including viruses, bugs, trojan horses, spyware or adware;
  • the Punjab will successfully prevent corruption of data. The Punjab is not responsible if you are unable to access the Website or for any loss of data, breach of privacy or downtime as a result of or arising from the use of the Website;
  • the Website will be available to you 24 hours a day, 7 days a week or you will have uninterrupted access to the Website. The Punjab is not in any way responsible for any interference or prevention of your access or use of the Website. You accept use of the Website is at your sole risk.
5.9 You acknowledge the Website may include information and material that is owned by the Punjab and is protected by applicable intellectual property laws including but not limited to copyright. You agree you will not use such proprietary information in any way without the prior written consent of the Punjab.

6. Disclaimer of Liability

6.1 The Punjab, its directors, principals, agents or employees are not liable for any damage or loss whatsoever however occasioned to you or any other entity or person including but not limited to direct, indirect, incidental, consequential or punitive damages whether in action of contract, statute, tort (including without limitation, negligence) or otherwise, relating to the Website and/or the Goods.
6.2 Without limiting the application of the above for any claim which cannot be excluded by law, any liability is reduced proportionately to the extent any claim arises from or is contributed to by an act or omission by you or any other entity or person and the Punjab’s maximum liability is the cost of any Good which has been ordered from the Website.

7. Termination

7.1 The Punjab reserves the right to discontinue the Website at any time.
7.2 The Punjab reserves the right to terminate any particular person or entity’s use of the Website and any online ordering service of the Goods on the Website for any reason whatsoever, in the Punjab’s absolute discretion.
7.3 You acknowledge it may be necessary for the Punjab to suspend the Website including the online ordering of Goods on the Website which may include but is not limited to any routine or emergency maintenance or repairs.
7.4 You acknowledge you use the Website at your own risk and the Punjab is in no way liable to any person or entity due to any suspension or termination of the Website.

8. Indemnity

8.1

You indemnify and agree to keep indemnified the Punjab and its directors, employees, agents, contractors, associates and affiliates against any and all
claims, costs, damages, loss and expense (including legal costs on a full indemnity basis) arising from or in any way related to:
(a) any breach or alleged breach of the Terms and Conditions; and/or
(b) any purchase and/or consumption of the Goods,

by you or any person or entity on your behalf. You acknowledge and agree this condition survives termination or expiration of your use of the Website and collection of the Goods.

9. General

9.1 If there is any inconsistency, the Terms and Conditions shall be read in the following order of priority to the extent of any inconsistency, firstly the Terms, secondly the Policy.
9.2 If either party waives any breach of the Terms and Conditions, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
9.3 The Terms and Conditions are governed by the laws of Western Australia and by accepting to be bound by the Terms and Conditions you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Western Australia for any disputes arising out of or in connection with the Terms and Conditions.
9.4 If any part or provision of the Terms and Conditions is or becomes invalid, void, unenforceable or in conflict with the law, that part or provision is severed from the Terms and Conditions to the intent that all parts that are not, or do not, become void or unenforceable remain in full force and effect and are unaffected by that severance.
9.5 Any notice given under the Terms and Conditions by either party to the other must be by email and will be deemed to have been given on transmission. Notices to the Punjab must be sent to info@punjab.com.au or to any other email address notified by email to you by the Punjab.
9.6 The Terms and Conditions supersede and extinguish any prior agreements, representations (whether oral or written) and understandings and constitutes the entire agreement between you and the Punjab.
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