Indian Star - Terms and Conditions
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.
2.1 In this agreement
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;
3.1 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.
4.1 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.
4.3 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
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
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
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.
7.1 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.
9.1 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.
10.1 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
information about you.
11.2 We do not store your credit card information. All payments are handled by a secured third
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.
12.1 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.
14.1 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.