Website Terms of Use

Welcome to our website. The website located at www.bombayspices.com.au is owned and operated by NEDA PARVEEN KHAN (ABN 63 758 405 619) trading as BOMBAY SPICES AUSTRALIA (Bombay Spices Australia, we, our, us) (the Website). These are the terms and conditions for use of the Website and they incorporate the Privacy Policy published on the Website.

Please refer to separate website terms of sale of goods which govern the supply of Goods.

By using the Website, you agree to be bound by the following terms and conditions.

1. USE OF THE WEBSITE

  • 1.1. The Website allows you to browse and purchase the Goods as described on the Website. If you do not agree with these terms and conditions, you must cease using the Website immediately.
  • 1.2. You must not use the Website for any illegal and/or unauthorised purpose. You must not post any defamatory, obscene or intimate materials or harass or cause distress to any person or disrupt the Website in any way. You must not change, add, remove, deface, hack or interfere with the Website or any content displayed on the Website. If you engage in any illegal or unauthorised use of the Website, you will be banned from using the Website.

2. INTELLECTUAL PROPERTY

  • 2.1. All Intellectual Property Rights in the Website and Materials are owned or licensed by Bombay Spices Australia and reserved by us.
  • 2.2. We grant you a worldwide, non-exclusive, fee-free revocable licence to copy and store the Website and its content in your device’s cache memory and to print pages from the Website for your personal and non-commercial use. Otherwise, you are prohibited from any reproduction of the Website and Materials other than in accordance with these terms and conditions.
  • 2.3. Bombay Spices Australia does not grant you any other rights in the Website and Materials and nothing you do on in relation to the Website and Materials will transfer any Intellectual Property Rights to you.

3. PRIVACY

Bombay Spices Australia takes your privacy seriously. Please read our Privacy Policy published on the Website. It explains how we collect, store, use and disclose your personal information.

4. THIRD PARTY LINKS

Bombay Spices Australia may include Third Party Links to enhance the functionality of the Website or to provide further information. We have no control over the content and availability of those Third Party Links. We do not make any warranties in relation to them. You acknowledge that you use those Third Party Links at your own risk. You must read and agree to the terms and conditions governing the use of those Third Party Links.

5. USE OF COOKIES

Bombay Spices Australia uses cookies to monitor browsing preferences and to help us improve, promote and protect the Website. By continuing to use the Website, you agree to our cookie policy. You can find out more information about our cookie policy in our Privacy Policy published on the Website.

6. SECURITY

The Website is security assured by Hostinger. We use our best endeavours to ensure the Website is free of any malware, viruses or other harmful code or communications which may be transmitted to or through the Website, including Third Party Links.

7. DISCLAIMER AND INDEMNITY

  • 7.1. Nothing in these terms and conditions limits or excludes any guarantees, warranties, representations or conditions made under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth).
  • 7.2. To the maximum extent permitted by law, Bombay Spices Australia excludes all guarantees, warranties, representations or conditions, including, without limitation, that:
  • 7.2.1. the Website and Materials are complete, accurate or suitable for any particular purpose;
  • 7.2.2. that access to the Website will be uninterrupted, error-free or free from malware and viruses or any other harmful code of communications;
  • 7.2.3. that the Website will be secure at all times;
  • 7.2.4. that there will not be any unauthorised access to personal information or data collected by us.
  • 7.3. You acknowledge and agree that you use and act on the Website and Materials at your own risk.
  • 7.4. To the maximum extent permitted by law, Bombay Spices Australia will not be liable for any loss or damage howsoever arising from or in connection with your use of the Website and Materials.
  • 7.5. You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the Website and Materials.

8. CHANGES TO TERMS OF USE

Bombay Spices Australia reserves the right to change these terms and conditions at any time and any changes will take effect immediately on being published on the Website. Please check these terms and conditions regularly to ensure you are aware of any changes. Your continued use of the Website confirms your acceptance of the revised terms and conditions.

9. SEVERANCE

If any part of these terms and conditions is found to be unlawful, void, invalid or unenforceable by a Court of competent jurisdiction, that part will be severed and the remaining terms and conditions remain in force.

10. TERMINATION

We may terminate your use of the Website at any time without notice, in which case all disclaimers and limitations of liability will survive termination.

11. GOVERNING LAW AND JURISDICTION

This Agreement is governed by and construed in accordance with the laws in force in Victoria and the Commonwealth and the parties agree to submit to the exclusive jurisdiction of the courts of Victoria.

12. DEFINITIONS

  • 12.1. Intellectual Property Rights means any patent, copyright, trademark, tradename, design, trade secret, know-how or other form of confidential information or any right to registration of such rights and any other form of intellectual property right whether arising before or after these terms and conditions.
  • 12.2. Materials includes, but is not limited to, all information, design, layout, appearance, graphics, text, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features of the Website.
  • 12.3. Bombay Spices Australia, we, our and us includes any employee, servant, contractor or agent of Bombay Spices Australia;
  • 12.4. Third Party Links mean other websites, applications and/or software owned or operated by another person or body.

This document was last updated: November 2022

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