These Website Terms of Use, together with any and all other documents referred to in them, set out the terms of use under which you may use this website,  https://www.malabarindian.co.uk/ (“our Site”). Please read these Website Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Website Terms of Use is deemed to occur upon your first use of our Site. If you do not agree to comply with and be bound by these Website Terms of Use, you must stop using our Site immediately.

1.Definitions and Interpretation

1.1 In these Website Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:
“Takeaway/Restaurant/We/Us/Our” means Malabar
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, our Site; and

2.Access to Our Site

2.1 Access to our Site is free of charge and It is your responsibility to make any and all arrangements necessary in order to access our Site.
2.2 Access to our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if our Site (or any part of it) is unavailable at any time or for any period.

3. Intellectual Property Rights

3.1. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties. All Content included on our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by EPOS TECHNOLOGIES LIMITED.
3.2 You are not allowed to reproduce, copy, distribute, sell, rent, sub-license, store, or in any other manner re-use content from our Site unless given express written permission to do so by EPOS TECHNOLOGIES LIMITED.
3.3 EPOS TECHNOLOGIES LIMITED’s status as the owner and author of the Content on this site must always be acknowledged.
3.4 You may not use any content saved or downloaded from our Site for commercial purposes without first obtaining a license from EPOS TECHNOLOGIES LIMITED. This does not prohibit the normal access, viewing and use of our Site for general information purposes whether by business users or consumers

4. Links to Other Sites

Links to other sites may be included on our Site. Unless expressly stated, these sites are not under our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

5. Disclaimers

5.1 Nothing on our site constitutes advice on which you should rely. It is provided for general information purposes only.
5.2 We make reasonable efforts to ensure that the content on our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees that the Content is complete, accurate, or up-to-date.
5.3 Insofar as is permitted by law, we make no representation, warranty, or guarantee that our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure

6.Our Liability

6.1 To the fullest extent permissible by law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our Site or the use of or reliance upon any Content included on our Site.
6.2 To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to our Site or any Content included on our Site.
6.3 If you are a business user, we accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
6.4 We exercise all reasonable skill and care to ensure that our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of our site (including the downloading of any Content from it) or any other site referred to on our Site.

7.Viruses, Malware and Security

7.1 We exercise all reasonable skill and care to ensure that our Site is secure and free from viruses and other malware. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
7.2 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our Site.
7.3 You must not attempt to gain unauthorised access to any part of our Site, the server on which our Site is stored, or any other server, computer, or database connected to our Site.
7.4 You must not attack our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
7.5 By breaching the provisions of clauses 7.2 to 7.4, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use our Site will cease immediately in the event of such a breach.

8. Acceptable Usage Policy

8.1 You may only use our Site in a manner that is lawful. Specifically:
8.2 We reserve the right to suspend or terminate your access to our Site
8.3 We exclude any and all liability arising out of any actions that we may take in response to breaches of these Website Terms of Use.

9. Privacy and Cookies

Use of our Site is also governed by our Privacy Policy, available from this site. Our Privacy Policy is incorporated into these Website Terms of Use by this reference.

10. Changes to these Website Terms of Use

10.1 We may alter these Website Terms of Use at any time. Any such changes will become binding on you upon your first use of our Site after the changes have been implemented. You are therefore advised to check this page from time to time.

11. Contacting Us

If you have any questions about our Site or this Privacy Policy, please contact us by email at malabarbedford@yahoo.com or by post at Malabar 84 Tavistock St, Bedford MK40 2RX United Kingdom

Please ensure that your query is clear, particularly if it is a request for information about the data, we hold about you.

12. Communications from Us

12.1 If we have your contact details, we may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Website Terms of Use.
12.2 We will never send you marketing messages of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing messages sent by us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to 7 business days for us to comply with your request. During that time, you may continue to receive messages from us. Further information is set out in our Privacy Policy.
12.3 For questions or complaints about communications from us (including, but not limited to marketing emails), please contact us using the details set out in clause 12.

13. Law and Jurisdiction

13.1 These Website Terms of Use, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with the laws of England & Wales.
13.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in clause 14.1 above takes away or reduces your rights as a consumer to rely on those provisions.
13.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and us relating to these Website Terms of Use, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
13.4 If you are a business, any disputes concerning these Website Terms of Use, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales

14.Pricing and Availability

Whilst we try to ensure that all details, descriptions and prices which appear on this Website/Application are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund from Malabar. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

15.Payment

15.1 All online card payments are made by either First Data and are directly transferred to Malabar Bank account. Upon receiving your order, we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a full payment against the value of the goods you wish to purchase. Once the goods have been dispatched, the monies paid shall be used for the value of goods you have purchased as listed.
15.2 For refunds, charge-backs or disputes for online paid orders, please contact directly the Takeaway/Restaurant.
15.3 Once the order has been confirmed and payment taken from your account, you will be unable to cancel your order and will not be eligible for a refund. To change or cancel your order please contact the takeaway/Restaurant directly.