- Opening Hours : Lunch Wed-Fri 11.00am -2.00pm Sat-Sun 11.30am -3.00pm Dinner Mon -Sun 5:30pm - 9:00pm
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Thank you for choosing Bombay-Bistro!
Before using our services, please carefully review these Terms of Use. These terms are important and contain legal disclosures that affect the relationship between you and Bombay-Bistro (“Bombay-Bistro,” “we,” “our,” or “us”) and your use of Bombay-Bistro’s website and services (collectively, the “Site”). These Terms of Use constitute a legal agreement between you and us regarding your use of the Site. By using our Site, you acknowledge that you have read and understood these terms, agree to the Terms of Use, and have the legal capacity to be bound by its terms. Our Site is available to persons over 13 years old. If you are between the ages of 13 years old and 18 years old, please obtain your parent or guardian’s permission to use the Site and review the Terms of Use with your parent or guardian. If you do not agree to these Terms of Use, do not use the Site.
IMPORTANT NOTICE
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
Bombay-Bistro allows customers to order meals and beverages through Bombay-Bistro’s website. You are advised to contact the restaurant directly should you have any food allergens or questions about your order with the restaurant. By agreeing to these Terms of Use, you understand and agree withBombay-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.
Bombay-Bistro also partners with delivery service providers to deliver orders to you (when available and selected by you). Bombay-Bistro may share certain information you provide to us with the delivery service providers to complete the delivery of your order. The delivery service providers are independent contractors who are not employed by Bombay-Bistro. Each delivery service provider controls the means and method in which its workers deliver orders. Your use of delivery service providers may be subject to the company’s terms of use. Please review the applicable delivery service provider’s terms for more information. Bombay-Bistro is not responsible for the services, acts, omissions, or representations of the delivery service providers.
3. PAYMENT
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.
All payments are non-refundable and final, unless we determine, in our sole discretion, an error was made in your order due to no fault of your own. If we determine an error was made, we may issue a refund or a Bombay-Bistro credit. If you have any questions regarding charges relating to your order, please contact us at bombaybistrosouthlamar@gmail.com. Your use of Google Pay, Apple Pay or other financial account may be subject to the terms of use. You should review them.
4. BOMBAY-BISTRO’S INTELLECTUAL PROPERTY
The Site contains materials, such as software, code, text, graphics, images, and other materials (collectively, the “Materials”) owned by us or other parties. The Site and Materials are protected under applicable intellectual property laws of the United States and other jurisdictions, including, but not limited to, trademark, copyright, patent, and trade secrets. Provided you are eligible to use the Site and you comply with these Terms of Use, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Site for your personal, non-commercial use.
5. YOUR OBLIGATIONS
By using our Site, you agree:
6. COMMUNICATIONS WITH BOMBAY-BISTRO
We and our delivery service providers may communicate with you regarding your use of the Site or delivery of orders. By using our Site, you consent to receiving communications from Bombay-Bistro, including phone calls, faxes, emails, SMS and MMS text messages, messages through electronic apps or platforms, and any other communications made by and on behalf of Bombay-Bistro that may relate to the Site, your order, delivery of your order (if applicable), or these Terms of Use.
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
You may have the ability on the Site to leave reviews or ratings. Your reviews or ratings are subject to these Terms of Use. When posting a review, the following terms apply: (1) you had first-hand experience with the restaurant being reviewed within 10 days of your review; (2) you are not affiliated with competitors of the restaurant; and (3) your post complies with these Terms of Use. You consent to Bombay-Bistro using your review(s) or rating(s) in connections with the Site and its services without notification or approval from you, and without contribution or compensation to you. We may remove any rating or review without notice if we determine the review or rating is false or misleading. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.
9. PRIVACY POLICY
Please review our Privacy Policy located at: https://www.bombay-bistro.com/privacy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.
10. TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. We reserve the right, in our sole discretion, to terminate your use of the Site for any reason, including violation of these Terms of Use, fraudulent, criminal, or illegal behavior, or for no reason at all. We reserve the right to terminate your use of the Site without prior notice or liability. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
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.
12. DISCLAIMER
BOMBAY-BISTRO CANNOT GUARANTEE THE SITE WILL BE AVAILABLE AT ALL TIMES. YOU AGREE AND UNDERSTANDS THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” BOMBAY-BISTRO WILL NOT BE LIABLE TO YOU FOR DAMAGES RESULTING FROM THE FAILURE OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, AND OTHER THAN AS EXPRESSLY PROVIDED IN THE AGREEMENT, BOMBAY-BISTRO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TERMS OF USE, THE SITE, AND ANY USE THEREOF, INCLUDING WITHOUT LIMITATION DISCLAIMS ANY AND ALL STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. TO THE EXTENT THAT A PARTY MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SITE OR EXTERNAL SITES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE.
13. INDEMNIFICATION
You agree to defend, indemnify, and hold us and our officers, agents, partners, and employees harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use of the Site, breach of these Terms of Use, or breach of your obligations under these Terms of Use. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
15. MISCELLANEOUS
Relationship. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site.
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.
Entire Agreement. This Terms of Use and any policies posted on the Site constitute the entire agreement between Bombay-Bistro and You with respect to your use of the Site, and supersedes all previous or contemporaneous agreements, whether written or oral.
Right to Update Terms and Agreement. You acknowledge and agree that Bombay-Bistro has the right to update and modify these Terms of Use at any time in its sole discretion by posting updated Terms the Site. You may not amend the Terms of Use unless such amendment is signed by an authorized representative of Bombay-Bistro.
Severability. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable.
Force Majeure. We will not be liable for any loss, damage, failure, or delay in performance under these Terms of Use due to causes beyond our reasonable control.
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:
Bombay-Bistro.com
4200S. Lamar Blvd, Suite 300
Austin, TX 78704
United States
Phone: 512-494-4001
bombaybistrosouthlamar@gmail.com
