TERMS & CONDITIONS

CHANGES TO TERMS

We are committed to ensuring that our online store is as useful and efficient as possible. For that reason, we reserve the right to make changes to the services, at any time. We will never charge you for any service without making it very clear to you precisely what you're paying for.

Any new features which are added to the current website shall also be subject to this Terms and condition. You can always review the most current version of the Terms and conditions at any time on this page. We reserve the right to update, change or retrieve any part of these Terms and conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

COVID-19 SAFETY

All meals are prepared at OH! India’s own kitchens, which enforces strict safety measures that includes the wearing of masks, gloves. All staff received additional training, including but not limited to on the Social Distancing requirements to government have imposed recently.

CONDUCT OF USE

You are not allowed to use this website in any way that is unlawful, abusive, threatening, harassing, obscene, libelous, hateful, or in any other way violating these terms and conditions.

TAKE AWAY POLICY

YOUR STATUS
Capacity and age: By placing an Order through the Website, you warrant that:
You are legally capable of entering into binding contracts with Restaurant; and You are at least 18 years old.
1.2 You acknowledge and agree that if you have a specific food allergy or intolerance, you will contact the Restaurant directly to check that the food is suitable for you, before placing your order.
1.3. ALCOHOL
You acknowledge and agree that: it is an offence for any person under the age of 18 to buy, or attempt to buy, alcohol, or for any person to buy, or attempt to buy, alcohol in the UK, on behalf of any person who is under the age of 18;
If your Order includes any alcohol, you will be asked to provide proof of your age on collection of your Order. If you are unable to provide proof that you are aged 18 or over to the satisfaction of the Restaurant, or if the Restaurant reasonably believes that the alcohol, you have ordered have been bought by you on behalf of someone under the age of 18, the Restaurant reserves the right not to complete the delivery of the alcohol to you.

HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED

Compiling your Order: Once you have selected the Products you wish to order from the menu of the Restaurant and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the "proceed", "place my order" or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so you will be entering into a contract with the Restaurant and errors cannot be corrected.
Amending or cancelling your Order: Once you have submitted your Order and your payment has been authorised, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund. If you wish to change or cancel your Order, you may contact the Restaurant, however, there is no guarantee that we will be able to agree to your requests as we may have already started processing your Order.
Payment authorisation: Where any payment you make is not authorised, your Order will not be processed.
Processing your Order and Restaurant rejections: On receipt of your Order, we will notify you by email that your Order has been received and is being processed.
Collection time of your Order: Times for collections provided are only estimates. The Restaurant cannot guarantee that Orders will be available for collection within the estimated times.

PRICE AND PAYMENT

VAT and delivery costs: Prices will be as quoted on the Website. These prices include VAT. Payment methods: Payment for Orders must be made by an accepted credit or debit card through the Website. Card payments: If you pay by credit or debit card, you may be required to show the card to the Restaurant on collection as proof of identification and so that we can check that the card corresponds with the receipt data for the Order.

OUR RIGHTS TO CANCEL/REJECT ORDERS

We reserve the right to decline any order you place with us. We may, in our exclusive discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e­mail and billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.

VISITOR MATERIAL AND REVIEWS

GENERAL:

• Other than personally identifiable information, which is covered under our Privacy Policy, any material you post, upload or transmit or upload to the Website (including without limitation Reviews) Visitor Material will be considered non-confidential and non-proprietary. By posting, uploading or transmitting any Visitor Material, you represent and warrant that you own or otherwise control all of the rights to such Visitor Material. You agree that we will have no obligations with respect to any Visitor Material, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any Visitor Material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.
• You represent and warrant that that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs below mentioned.

Visitor Material Policy: You are prohibited from posting, uploading or transmitting to or from the Website any Visitor Material (including any Reviews) that:

• breaches any applicable local, national or international law;
• is unlawful or fraudulent;
• amounts to unauthorised advertising; or
• contains viruses or any other harmful programs.

Visitor Reviews Policy: In particular (but without limitation), any Reviews that you submit through the Website must not:

• contain any defamatory, obscene or offensive material;
• promote violence or discrimination;
• infringe the intellectual property rights of another person;
• breach any legal duty owed to a third party (such as a duty of confidence);
• promote illegal activity or invade another's privacy;
• give the impression that they originate from us; or
• be used to impersonate another person or to misrepresent your affiliation with another person.

Removal of Reviews: The prohibited acts listed in above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the Website that we determine breaches a prohibition in paragraphs above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.

Use of Reviews: The Reviews and other Visitor Material contained on the Website are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the Website or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.

Images: Any images of food displayed on the Website are provided as a design feature of the Website only and may not be either (a) an image of food prepared or produced by the Restaurant from which you choose to order; or (b) representative of the food you receive from the Restaurant.

Disclosure to authorities and courts: You acknowledge that we will fully cooperate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.

LIABILITY

The material contained within the Website is provided without any guarantees, conditions or warranties as to its accuracy. Mirchi Indian Restaurant Limited does not represent that information contained on or available via the Website is accurate or complete and accordingly, it should not be relied on as such. You should not rely on any such information. Any arrangements made between you and any other person, using or named on the Website are entirely at your sole risk and responsibility.

To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:

• all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
• any liability for loss or damage incurred by any user in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any material posted on it;
• any liability for any bugs or faults in our systems or tools; and
• any liability for any direct, special, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:

1. loss of income or revenue;
2. loss of business;
3. loss of profits or contracts;
4. loss of anticipated savings;
5. loss of data;
6. loss of goodwill;
7. wasted management or office time; and
8. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Nothing in this section affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. 

PRODUCT AVAILABILITY, ERRORS, INACCURACIES AND OMISSIONS

Products on our website through https://www.mirchicaterers.co.uk are subject to change without notice. Errors will be corrected when discovered. Our Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced, the quantity or availability of a product may have changed just prior to you placing your order or other errors may be displayed on the product page. We will normally verify prices, availability and confirm there are no errors on the product page as part of our dispatch procedures.

Also, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions on a product page. We reserve the right to rescind our acceptance and cancel your order without penalty in the event there is an obvious and unmistakable error on the product page, at our reasonable discretion.

PROMO CODES AND OFFERS

Promo Codes and Offers are made at our sole discretion and are subject to time validity, a valid Promotional Code should be entered during the checkout process for a product to be valid. Attempting to add a promo code after purchase or after the expiration of the code will not be acknowledged.

AGE OF CONSENT

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence. You may not use/access our products for any illegal or unauthorized purpose nor may you, in the use of the Service or online store, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms will result in an immediate termination of your access to our products or services.

SERVICE TERMS

1. Mirchi Indian Restaurant Limited at this moment grants the User a non-exclusive, non-transferable, limited right to access and use the Service, under the conditions of these Terms & Conditions and for the duration of the Agreement.
2. The use of the Service is at the User's own expense and risk. The User is responsible for meeting the technical and functional requirements and using the electronic communication facilities that are necessary to be able to access and use the Service. The User will at all times bear the risk of loss, theft, or damage to any of its data.
3. Mirchi Indian Restaurant Limited will have the right (but not the obligation), at its sole discretion, to review, edit, limit, refuse or remove Content, products or to limit or refuse the User access to the Service. More specifically in the event the use of the Service, according to us, violates these Terms of Use.
4. We may disclose the User's Personal Data or Content, or other data relating to the use of the Service, to third parties where it believes, in good faith, that it is necessary to comply with a court order, ongoing judicial proceeding, criminal or civil subpoena, or other legal process or request by law enforcement authorities, or to exercise its constitutional rights of defense against legal claims.

RESERVATION POLICY

Can customers visit our restaurants without making a reservation?

We can be extremely busy, especially at weekends, during bank holidays and special events, but we do our best to accommodate our customers on a first come, first served basis. Sadly, some customers may be disappointed by the wait and we apologise for that but cannot guarantee a table at busy times. We therefore ask to book in advance to avoid disappointment.

How long is my table reserved for?

We reserve your table for up to 15 minutes from the time of booking and extra 15 min if we are informed. In case of no communication, the table will be released.

Can I make a change to the number of guests attending?

If your numbers are increasing or decreasing, please give us at least 24 hours notice so that we can try to accommodate any changes. Please note that any substantial increase in guest numbers is subject to availability.

Can I cancel my reservation?

If you wish to cancel your booking, you can e-mail or call the restaurant and cancel the booking over the phone or email info@colonelsaab.co.uk We operate a 24 hours cancellation policy. Please be aware that if you fail to give us 72 hours notice prior to the reservation for groups of 6 or more. We will charge a small cancellation fee.

DELIEVERY PARTNERS

We have some reputed delivery partners. Those are -

• Uber
• Deliveroo
• Just eat
• Eat presto

Each delivery partners have their own Terms and conditions. We can’t interfere with that, in case if you face any trouble with our any of delivery partners. You can also contact their support team directly.

THIRD-PARTY LINKS

Certain content and services available via our website may include materials from third-parties. Third-party links on this site may direct you to third-party websites or applications that are not affiliated with us. Mirchi Indian Restaurant Limited is not responsible for examining or evaluating the content or accuracy of such website or application and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

You’re obliged to review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

PERSONAL INFORMATION

Your submission of personal information through the store is regulated by our Privacy Policy. You are to view our Privacy Policy.

USER CONTENT

Our website may contain user-generated content, for example, social media applications. we do not claim any ownership of such contents (images, photos, and videos, etc.) and take no legal responsibility for it. In case you suspect a violation of copyright or any other right, or otherwise is offended by such content, please contact our customer support.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We, therefore, underwrite in no pledge or represent or warrant that your use of our service will be uninterrupted, timely, assured, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your volition and sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Mirchi Indian Restaurant Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, manufacturers, service providers, or licensors be responsible or liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, protect and hold harmless to Mirchi Indian Restaurant Limited, subsidiaries, affiliates, partners, officers, directors, agents, contractors, license, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of these Terms and conditions or the documents they incorporate by reference or your infringement of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms and conditions is discovered to be unlawful, null or unenforceable, such provision shall notwithstanding be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be viewed to be cut off from these Terms of Use, such determination shall not affect the credibility and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties obtained prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and conditions are effective except and until terminated by either you or us. You may terminate these Terms of Service at any time by informing us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to abide by any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; or accordingly may withhold you of access to our Services (or any part thereof).

ENTIRE AGREEMENT

Our inability to exercise or enforce any right or provision of these Terms of Service shall not constitute a discharge of such right or provision.

These Terms of Use and any policies or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, pre-empt any prior or synchronous agreements, communications, and proposals, whether oral or written, between you and us.

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

GOVERNING LAW AND JURISDICTION

These Website Terms shall be governed by and construed in accordance with English law. Disputes or claims arising in connection with these Website Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English courts.

CONTACT INFORMATION

If you would like to: access, correct, register a complaint, or simply want more information please contact us directly Via:

Email: Info@mirchicaterers.co.uk

Address - Mirchi Caterers, 60 Snowhill Stoke on Trent, ST1 4LY.

Phone Number- 01782284488