Terms & Conditions

Kun Yao Thai Ordering Terms & Conditions

Correct as at 25 August 2018

These Terms & Conditions of Use govern your use of the Kun Yao Thai Restaurant website and applications, including online booking. These Terms & Conditions of Use apply to all users of the Kun Yao Thai Restaurant website. References to ‘website’ include the following (as appropriate):

http://u474383774.hostingerapp.com or any other site, services (including web services), software, application or media managed by Kun Yao Thai Restaurant. Your use of the Kun Yao Thai Restaurant website constitutes your acceptance of these Terms & Conditions of Use.

Subject to law, Kun Yao Thai Restaurant may, at its discretion, from time to time amend or otherwise modify the Terms & Conditions of Use. Kun Yao Thai Restaurant recommends you carefully read, each time you visit the website, the Terms & Conditions of Use as they may affect your rights.

If you do not agree with the Terms & Conditions of Use, do not use the website or make a booking online.

Privacy Policy

The Kun Yao Thai Restaurant Privacy Policy forms part of the Terms & Conditions of Use and can be found on our Privacy Policy web page.

The Website

Kun Yao Thai Restaurant hereby provides its permission for you to access its website in accordance with these Terms & Conditions of Use, provided that (1) your use of the website is solely for your individual, personal, commercial and non-commercial use, and (2) you will not copy, distribute or publish any part of the website other than as may be reasonably necessary to use the website for its intended purpose, and (3) you will otherwise comply with the Term & Conditions of Use.

The website contains many valuable trademarks owned and used by Kun Yao Thai Restaurant. These trademarks are used to distinguish Kun Yao Thai Restaurant products and services. These trademarks and related proprietary property are protected from reproduction and simulation under national and international laws and are not to be copied without the prior express written permission of Kun Yao Thai Restaurant.

The Kun Yao Thai Restaurant text and graphics contained in the website are the exclusive property of Kun Yao Thai Restaurant, its affiliates or related entities. Except where otherwise noted,the text and graphics contained here may not be copied, distributed, displayed, reproduced or transmitted in any form or by any means without the prior express written permission of Kun Yao Thai Restaurant.

Online Booking and Promotional Sign Up

If the website or an application is used (including for online booking and promotional sign-up), you are responsible for maintaining the confidentiality of your personal details and password (if applicable). You agree to accept full responsibility for all your activities on our website and applications (including for online booking and promotional sign-up). You also acknowledge that you are fully responsible for the activities of any individual who accesses our website or applications (including for online booking and promotional sign-up) using the electronic device which remains logged in to your account or under your email address (where applicable).

If you book online we may send you an email or SMS confirming the details of your order. The confirmation email or SMS will not constitute a tax invoice. Kun Yao Thai Restaurant reserves the right to refuse service, terminate your access to the website or online booking, remove or edit any content or cancel your promotion/s and/or booking/s in its sole discretion and without prior notice to you.

Kun Yao Thai Restaurant does not guarantee that the website, applications and online booking system will be error-free or that any errors will be corrected. Kun Yao Thai Restaurant does not guarantee that the website, applications or online booking system will be free from viruses or other harmful components and you agree to hold harmless Kun Yao Thai Restaurant from any claim, judgement, loss, expense, liability from any viruses or harm suffered by you as a result of using the website, applications or online booking; and

Reserves the right to alter the agreed price if an incorrect price was caused by a software fault, error or malicious attack.

In using Kun Yao Thai Restaurant online booking system (whether via the website or an application) you acknowledge that all bookings are treated as an express intention to purchase goods or services for the agreed time (expressed in Australian Eastern Standard Time (AEST) and indemnify Kun Yao Thai Restaurant from all claims, losses, judgement, liability and damage relating to a failure of the online booking system.

Indemnity

You agree to defend, indemnify and hold harmless Kun Yao Thai Restaurant and related corporations, affiliates, and the officers, directors, employees and agents of these entities, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from or in connection with: (i) your use of and access to the website (including any online booking and applications); (ii) your violation of any term of these Terms & Conditions of Use; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; and (v) use of the User Submissions by Kun Yao Thai Restaurant.

General

These Terms & Conditions of Use shall be governed by the laws of the Victorian Government, Australia. Any claim or dispute between you and Kun Yao Thai Restaurant that arises in whole or in part from the Kun Yao Thai Restaurant website shall be decided exclusively by a court of competent jurisdiction located in Melbourne, Victoria. These Terms & Conditions of Use, together with the Kun Yao Thai Restaurant website Privacy Policy and any other legal notices published by Kun Yao Thai Restaurant on the website, shall constitute the entire agreement between you and Kun Yao Thai Restaurant concerning the website.

If any provision of these Terms & Conditions of Service or Privacy Policy is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions of Service and/or Privacy Policy as applicable, which shall remain in full force and effect. No waiver of any term of these Terms & Conditions of Use shall be deemed a further or continuing waiver of such term or any other term, and the failure by Kun Yao Thai Restaurant to assert any right or provision under these Terms & Conditions of Use shall not constitute a waiver of such right or provision.