Last Updated: July 2023

These Terms & Conditions of Use govern your use of the The Butter Chicken Shop website and applications, including online and SMS ordering. References to 'website' include the following (as appropriate): https://www.thebutterchickenshop.com, software, application or media managed by The Butter Chicken Shop. Your use of the The Butter Chicken Shop's website constitutes your acceptance of these Terms & Conditions of Use.

Subject to law, The Butter Chicken Shop may, in its discretion, from time to time amend or otherwise modify the Terms & Conditions of Use. The Butter Chicken Shop 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 order online or via mobile app.

THE WEBSITE

These Terms & Conditions of Use apply to all users of the The Butter Chicken Shop's website. The Butter Chicken Shop's website may include content, information or links to third parties or third party websites. By accepting these Terms & Conditions of Use you agree to hold harmless and relieve The Butter Chicken Shop from any liability whatsoever arising from your use of information from a third party or your use of any third-party website.

YOUR ACCESS TO THE WEBSITE

The Butter Chicken Shop 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.

You agree not to use or launch, or cause to be used or launched, any automated system or program in connection with the The Butter Chicken Shop's website, online or mobile app ordering, including without limitation, publishing or distributing vouchers or codes, "robots", "spiders", "offline readers" and the like. Notwithstanding the foregoing, The Butter Chicken Shop grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Butter Chicken Shop reserves the right to revoke these exceptions either generally or in specific cases.

You agree not to collect or harvest any personally identifiable information from the website or use the communication systems provided by the website for any commercial solicitation purposes. You agree not to solicit for any reason whatsoever any users of the website with respect to their submissions to the website.

INTELLECTUAL PROPERTY RIGHTS

Except where otherwise noted, the text, graphics and html code 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 The Butter Chicken Shop.

The website may link to sites not maintained by or related to The Butter Chicken Shop. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with this website. The Butter Chicken Shop has not reviewed the sites hyper-linked to or from this website and is not responsible for the content of any other site. These links are to be accessed at the user's own risk. The Butter Chicken Shop makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked to this website. Furthermore, The Butter Chicken Shop does not implicitly endorse third-party sites hyper-linked to this website.

The content on the The Butter Chicken Shop's website, except all User Submissions (as defined below), including, without limitation, the text, software, scripts, graphics, photos, images, concepts, sounds, music, videos, interactive features and the like ("Content") is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.

USER SUBMISSIONS

The The Butter Chicken Shop's website, application/s or software may now or in the future permit the submission of written works, photos, audio files, videos or other communications submitted by you and other users of the website ("User Submissions") and the hosting, sharing and/or publishing of the User Submissions. Once the User Submissions are submitted to our website or through social media managed by The Butter Chicken Shop, the submissions become property of The Butter Chicken Shop. You understand that whether or not such User Submissions are published on the website, The Butter Chicken Shop does not guarantee any confidentiality with respect to any submissions. You agree that FThe Butter Chicken Shop may publish your name and submissions on the The Butter Chicken Shop's website, The Butter Chicken ShopThe Butter Chicken Shop managed social media, advertising, print material or in any other press releases of media items.

In connection with your own User Submissions, you affirm, represent and warrant that:

1. you own or have the necessary licenses, rights, consents and permissions to use and authorise The Butter Chicken Shop to use all patent, trade mark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the website and Terms & Conditions of Use; and

2. you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every identifiable person to enable inclusion and the use of the User Submissions in the manner contemplated by the User Submissions become the property of The Butter Chicken Shop. By submitting the User Submissions to The Butter Chicken Shop, you hereby grant The Butter Chicken Shop's a perpetual, worldwide, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the User Submissions in connection with the website and the The Butter Chicken Shop business, including without limitation for promoting and redistributing all or part of the website (and any derivative works) in any media formats and through any media channels. You also hereby grant each recipient of any User Submission a non-exclusive license to access your User Submissions through the website and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the website under these Terms & Conditions of Use; and

3. in connection with your User Submissions, you agree that you will not (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant The Butter Chicken Shop all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Fresh Home Food or any third party; (iii) submit material that is unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.

4. The Butter Chicken Shop does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Fresh Home Food expressly disclaims any and all liability in connection with User Submissions. The Butter Chicken Shop does not permit copyright infringing activities and infringement of intellectual property rights on its website, and will block and remove all content and User Submissions if properly notified that such content or User Submission infringes on another's intellectual property rights. The Butter Chicken Shop reserves the right to remove content and User Submissions without prior notice.

5. The Butter Chicken Shop may also terminate, without notice, a user's access to its website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity twice and/or has had a User Submission removed from the website. The Butter Chicken Shop also reserves the right to decide whether content or a User Submission is appropriate and complies with these Terms & Conditions of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. The Butter Chicken Shop may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms & Conditions of Use at any time, without prior notice and at its sole discretion. In addition, you agree that you will not email any of your User Submissions or links to your User Submissions to individuals with whom you are not acquainted.

ONLINE ORDERING VIA THE WEBSITE, APPLICATIONS AND APP ORDERING

If the website, application or an electronic device is used (including for online or APP ordering), you are responsible for maintaining the confidentiality of your personal details, password (if applicable) and payment details. You acknowledge that when you access the website or an application as a registered member, you may remain logged in to the website or application even after closing the internet browser or application (unless you log-out prior to leaving the website/application, or you erase or block Cookies from the electronic device used to access the website (refer to our Privacy Policy for more information on Cookies)).

You agree to accept full responsibility for all your activities on our website and applications (including for online ordering). You also acknowledge full responsibility for your use of mobile APP ordering. You further acknowledge that you are fully responsible for the activities of any individual who accesses our website or applications (including for online ordering) or places any mobile APP order, using an electronic device which remains logged in to, or associated with, your registered account.

If you order online, or submit an mobile APP order, we may send you an email or SMS confirming the details of your order. If you download any of our mobile applications you will receive notifications, if your smart device settings enable you to do so. The confirmation email or SMS will not constitute a tax invoice. The Butter Chicken Shop online or mobile APP ordering system must only be used by persons over the age of eighteen (18) years, or otherwise under the supervision of an adult or guardian. The Butter Chicken Shop reserves the right to refuse service, terminate your access to the website or online or mobile APP ordering, remove or edit any content or cancel your order/s in its sole discretion and without prior notice to you.

The Butter Chicken Shop does not guarantee that the website, applications and online or mobile APP ordering system will be error-free or that any errors will be corrected. The Butter Chicken Shop does not guarantee that the website, applications or online or mobile APP ordering system will be free from viruses or other harmful components and you agree to hold harmless The Butter Chicken Shop 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 ordering; and

1. reserves the right to alter the agreed price if an incorrect price was caused by a software fault, error or malicious attack. In using The Butter Chicken Shop online or mobile APP ordering system (whether via the website, an application or electronic device) you:

2. acknowledge that all orders are treated as an express intention to purchase the nominated goods or services for the agreed online prices;

3. indemnify FThe Butter Chicken Shop from all claims, losses, judgement, liability and damage relating to a failure of the online ordering system.

Allergen free or gluten free products

The Butter Chicken Shop does not guarantee allergen or gluten free food. The Butter Chicken Shop food may contain milk, milk products, glutten, nuts, seeds.

The Butter Chicken Shop will not be liable for any costs whatsoever, including medical costs, if a customer has any adverse reaction to a The Butter Chicken Shop product. CAUTION: Great care has been taken to remove bones/bones fragments but may still contain traces of them.

INDEMNITY

You agree to defend, indemnify and hold harmless The Butter Chicken Shop, and the officers, directors, cooks, employees and agents of The Butter Chicken Shop, 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 ordering 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 Fresh Home Food.

ABILITY TO ACCEPT TERMS & CONDITIONS OF USE

You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & Conditions of Use, and to abide by and comply with these Terms & Conditions of Use.

GENERAL

These Terms & Conditions of Use shall be governed by the laws of the Victoria, Australia. Any claim or dispute between you and The Butter Chicken Shop that arises in whole or in part from the The Butter Chicken Shop website shall be decided exclusively by a court of competent jurisdiction located in Melbourne, Victoria. These Terms & Conditions of Use, together with the The Butter Chicken Shop's website Privacy Policy and any other legal notices published by The Butter Chicken Shop on the website, shall constitute the entire agreement between you and The Butter Chicken Shop 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 The Butter Chicken Shop to assert any right or provision under these Terms & Conditions of Use shall not constitute a waiver of such right or provision.