1. Welcome to Indian Star

1.1 Thank you for visiting www.indianstar.co.nz and ordering food from us. To ensure you fully understand the terms of sale please read these terms and conditions carefully.

2. Definitions

2.1 In this agreement Privacy policy means our privacy policy posted on the website; Terms and conditions shall mean the terms and conditions set out in this document; ‘we’, ‘us’ and ‘our’ shall mean Indian Star Restaurant and its managers, employees; agents and ‘you’ shall mean the customer, its agents and employees or any person acting on behalf of and with the authority of you, or any person purchasing food from the website;

3. Registration

3.1 Please note that each registration is personal to that user only. We do not allow any user to share their user name and password with any other person nor do we allow multiple users on the website with one registration. To the maximum extent permitted by law, we exclude all liability for any loss, cost or expense you incur arising directly or indirectly from you sharing your user name or password with any other person.

3.2 Please do not hesitate to contact us if you find or suspect that someone has obtained your password. We will then, at our reasonable discretion, place on hold or cancel your registration.

3.3 We may suspend or cancel your registration at any time if you breach these terms and conditions or if we consider that your account is being hacked.

4. Acceptance

4.1 By placing any order for food on the website, you accept and agree to be bound by these terms and conditions without limitation or qualification.

4.2 By using this website, you will be deemed to agree to the Privacy Policy, which forms part of these Terms and Conditions of Use. If you do not agree to be bound by the Privacy Policy, you must stop accessing and using this website immediately.

4.3 We may revise these terms and conditions from time to time by updating the posting of this document on the website or giving notice to you. We therefore strongly advise you to carefully read these terms and conditions whenever you make an order for food or submit any information to us.

5. Price and Payment

5.1 All prices on the website are in New Zealand dollars and include GST. All transactions will be billed to you in New Zealand dollars.

5.2The price of the food payable by you shall be the price displayed on the website at the time of order.

5.3 We require payment in full at the time you place an order through the website.

5.4 If you use a credit card to pay for food, we may charge you credit card fees in addition to the price of the food.

5.5 Payment can be made by cash in store, debit cards, gift voucher, e-voucher or pre-paid using credit card through paymark online payment system.

5.6 We may withhold the provision of any food until all amounts due by you have been paid.

5.7 You indemnify us for all losses, costs, expenses and claims we incur if a bank determines (whether acting reasonably or otherwise) that a payment made by you is a fraudulent payment.

6. Cancelation and allergies

6.1 You may only cancel an order for food from the website if you give at least 45 minutes notice prior to delivery or pickup time for same day orders, at least 6 hours; notice for next day, and at least 24 hours notice for any days following. The cancelation must be by email or telephone, and must be provided directly to the restaurant.

6.2 An order will only be fulfilled by a restaurant once it has been accepted by the restaurant via a text message or email to you. A restaurant may reject an order for any reason whatsoever.

6.3 If a restaurant rejects your order for food, we will refund to you any payment for the food, less any surcharges paid by you, such as credit card surcharges. We will have no further liability to you for rejected orders.

6.4 Once an order is placed through the website and accepted by the restaurant, you will be advised about the processing time of the order via a text message or email from the restaurant. Please note that the delivery times and pick up times provided are estimates only. Indian Star does not guarantee delivery or pick up times as delays may be experienced due to unforeseen circumstances.

6.5 If you have any allergies, including without limitation to dairy, nuts or gluten, or any special requirements for your food whatsoever, you must notify us at the time you place your order directly online or by visiting or calling the restaurant direct.

6.6 Vegan and vegetarian products. Indian Star Restaurant will endeavor to provide vegan and vegetarian products if requested by you, but traces of meat and dairy products may be unintentionally present in food due to cross-contamination during store operations. We cannot guarantee that all vegan products will be 100% free from animal products.

7. Deals

7.1 The Restaurant may change/remove deals anytime without any notice.

7.2 Loyalty credit will not be transfer to any other Restaurant and only redeem online when it reaches its order limit. Loyalty credit only available for our loyal supporters.

8. Risk, defects and complaints

8.1 The risk of any loss or damage to any food sold, or deterioration of the food, due to any cause whatsoever shall pass to you upon pick or delivery of the food to you.

8.2 You shall inspect the food on delivery and you shall, within 2 hours of pick up or delivery, notify us and the restaurant of any alleged non-compliance, shortage in quantity, damage or failure to comply with the description (as applicable). If you fail to comply, the food shall be presumed to be in accordance with these terms and conditions and free from any damage or defect and neither we nor the restaurant shall not incur any subsequent liability whatsoever in relation to the food.

8.3 If we agree in writing that you are entitled to reject food, we will refund the purchase price of the food to you.

8.4 Food supplied to you cannot be returned or exchanged except as otherwise set out in these terms and conditions, provided that nothing in these terms and conditions shall prevent a customer to whom the Consumer Guarantees Act 1993 (CGA).

8.5 The CGA, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon us which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on us or the restaurant, our and the restaurant’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the lesser of the minimum extent required by the relevant statute or the fees paid under the invoice for the food and services.

8.6 Except as otherwise provided by clause 9.1, we and the restaurant shall not be liable for any loss or damage of any kind whatsoever, arising from the supply of food and services to you, including consequential loss whether suffered or incurred by you or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from the services provided by us to you.

8.7 The guarantees contained in the CGA are excluded where the restaurant provides food for the purposes of a business in terms of sections 2 and 43 of the CGA.

8.8 Neither we nor the restaurant will be liable to you for any loss or damage arising out of or in connection with any delay or failure to perform the terms of the contract of supply where such delay or failure is caused directly or indirectly from causes beyond our control.

9. Warranties

9.1 No representation, condition, warranty or premise expressed or implied by law or otherwise applies to food except where food is supplied pursuant to the CGA.

9.2 We make no warranty whatsoever as to the availability of the website. We will have no liability to you if the website is down for any reason, including, without limitation, an outage caused by routine maintenance, upstream provider outage or a malicious virus.

10. Indemnity

10.1 You indemnify us and the restaurant against any actions, proceedings, losses, damages, liabilities, claims, costs and expenses including fines, penalties, legal and other professional costs on a full indemnity basis, that we or the restaurant incur or suffer as a direct or indirect result of: the provision of food and services by the restaurant to you; any breach of these terms and conditions by you; or a bank requesting a refund of a payment made by you due to fraud.

11. Privacy and Security

11.1 Please read our privacy policy so that you understand how we collect, use and store information about you.

11.2 We do not store your credit card information. All payments are handled by a secured third party.

11.3 Indian Star website doesn’t save any credit card details for online or Internet orders.

11.4 Paymark payment gateway facility is available only to valid credit card (which must be presented upon receipt of your order to confirm your card number and identity) Your credit card details are required to process payment on the internet order system however the full details are not saved once the order is processed. The credit card details we hold are: the name on the card, expiry date and the masked version of the credit card (ie first 6 digits and last 4 digits).

11.5 However, the transmission of information via the internet is not completely secure. Although we will take reasonable steps to protect your information and make sure it is safe and secure and we use a number of physical, administrative, personnel and technical measures to protect your personal information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.

11.6 For the avoidance of doubt, will not in any circumstances be liable to you, or third parties, for loss or damage arising from credit card fraud or identity theft.

12. Copyright

12.1 The website content is our property and protected by law, including laws governing copyright and other intellectual property rights.

12.2 Unless otherwise expressly authorised by law, you may not use, transfer or copy any of the website content for public or commercial use without our permission. You may only print, download extracts or use any pages of the website content for your personal use. You acknowledge our status as the owner of the website content.

13. Accuracy of Information

13.1 We will make reasonable endeavours to provide accurate information regarding food and services, prices, images and colours on the website. However, to the maximum extent permitted by applicable laws, we do not warrant that the price, descriptions, text, colours, contents or other images on the website are comprehensive, error-free or completely accurate.

13.2 We reserve the right to make changes to any part of the website, prices or food available from the website at any time with or without prior notice.

14. General

14.1 All notices sent to you pursuant to these terms and conditions will be sent by email to the email address provided by you at the time of order or registration.

14.2 Indian Star Restaurant agrees to execute all Orders in accordance with terms but reserves the right to reject any Order in its absolute discretion.

14.3 These terms and conditions shall be binding on the legal representatives, assignees and successors of the parties.

14.4 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

14.5 No failure or delay on the part of either party in exercising any power or right under these terms and conditions will operate as a waiver, nor will any single or partial exercise of such right or power preclude any other or future exercise of the same, or any other right or power contained in these terms and conditions.

14.6 For the purpose of section 4 of the Contracts (Privacy) Act 1982, the undertakings contained in this agreement are intended to create a benefit in favour of, and enforceable by, our directors, agents and employees and the restaurant.

15. Delivery and Product availability

15.1 Delivery is not available in all areas. Your address falling in the defined delivery area will be served only and same should be confirmed by customer by calling to restaurant.

15.2 Publishing information about a product on this website does not ensure its availability. Products are advertised subject to availability. Price information is subject to change without notice. Please note some menu items may not be altered in any way.

15.3 Delivery of online orders are subject to availability of restaurant opening hours & Restaurant can accept or cancel the order anytime as per convenience.

15.4 Delivery fee $8 NZD will be charged on orders below $40 NZD order amount.