Thank you for choosing Bombay-Bistro!
PLEASE BE AWARE THE SECTION BELOW TITLED “DISPUTE RESOLUTION” CONTAINS PROVISIONS GOVERNING HOW CLAIMS YOU MAY HAVE AGAINST BOMBAY-BISTRO ARE RESOLVED. IT CONTAINS AN ARBITRATION PROVISION AND A WAIVER PERMITTING YOU TO ONLY PURSUE CLAIMS AND SEEK RELIEF AGAINST BOMBAY-BISTRO ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. BY AGREEING TO THESE TERMS, YOU AGREE TO THE PROVISIONS OF THE DISPUTE RESOLUTIONS SECTION. PLEASE READ IT.
1. ABOUT BOMBAY-BISTRO
2. USING BOMBAY-BISTRO’S SITE
Bombay-Bistro connects customers through the Site. You may access the restaurants’ menus and offerings, and place orders as a Guest or through your social media account(s). We collect certain information from you when you place an order through the Site, including, but not limited to, your name, address, phone number, email address, or payment information. Additionally, if you login through your social media account(s), you understand that content that you have provided to and stored in your social media account may become available to us and consent to us having this information. By placing an order through the Site, you consent to us collecting your personal information and keeping it for as long as we deem necessary. You agree that the information you provide is true, accurate, and up-to-date, including all payment information.
You pay for order(s) placed through the Site. When you place an order, you agree that we may immediately charge your credit card, Google Pay, Apple Pay, or other financial account. You agree that all information you submit when you place an order will be true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend, terminate, or refuse current or future use of the Site.
4. BOMBAY-BISTRO’S INTELLECTUAL PROPERTY
5. YOUR OBLIGATIONS
By using our Site, you agree:
6. COMMUNICATIONS WITH BOMBAY-BISTRO
You are also encouraged to contact us with any questions or feedback. Please do not send us any confidential information. If you contact us, you grant us a royalty-free, irrevocable, non-exclusive license to use any information you send us, whether feedback, questions, or other communication, for any purpose whatsoever, without contribution or compensation to you, that is not protected under intellectual property law or otherwise protected.
7. REVIEWS AND RATINGS
11. DISPUTE RESOLUTION
A) Binding Arbitration and Jury Waiver
If a dispute arises between You and Bombay-Bistro relating to your use of the Site, you agree that all claims will be resolved through binding arbitration governed by the Federal Arbitration Act (“FAA”). BY AGREEING TO ARBITRATION, YOU DO NOT HAVE THE RIGHT TO LITIGATE YOUR CLAIM(S) IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitrator’s fees and the costs will be shared equally by the parties, unless prohibited by law. Parties are responsible for their own attorneys’ fees. The arbitration proceeding will take place in Austin, Texas unless otherwise agreed. A Texas court of competent jurisdiction will have the authority to enter judgment on the arbitrator’s decision and award. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Notwithstanding the foregoing, each party retains the right to seek injunctive relief relating to intellectual property rights in a Texas court of competent jurisdiction. If this provision is found to be illegal or unenforceable, then neither you orBombay-Bistro will elect to arbitrate any claim. Instead, claims shall be decided by a Johnson County, Kansas court of competent jurisdiction, and you agree to submit to the personal jurisdiction of that court.
Governing Law. Except for the Arbitration Agreement, which is governed by the FAA, the Agreement will be governed by Texas law, without regard to conflict of law principles.
15. CONTACT US
If you have any questions, comments, feedback, or complaints regarding the use of our Site or our services, please contact us at:
4200S. Lamar Blvd, Suite 300
Austin, TX 78704