By using any of the goods or services supplied by Desi Dhaba Restaurants you are agreeing to the following terms and conditions which cannot be varied by any other terms or conditions without the prior written consent of Desi Dhaba Restaurants. Desi Dhaba Restaurants may change these policies periodically when required, so check this website to stay informed of any updates. This policy is effective as of November 2009 and last updated September 2018.
“Desi Dhaba Restaurants” means any person or entity representing Desi Dhaba Restaurants.
“Customer” means any person or entity that seeks goods and/or services from Desi Dhaba Restaurants or its clients.
“Retailer” means any business signed up to use any Desi Dhaba Restaurants products & services as a client.
1 Content, Intellectual Property & Copyright
1.1 All content & intellectual property used by goods or services supplied by Desi Dhaba Restaurants is controlled or licensed by or to Desi Dhaba Restaurants and is protected by copyright, patent and trademark laws and or various other rights and unfair competition laws.
1.2 Content & intellectual property includes but is not limited to: Website design, website source code, written content, ordering apps, service features, service delivery infrastructure, user interfaces, user experience, layouts, “look and feel”, logos, graphics, artwork, text, images, photographs, pictures, marketing promotions, email designs and email content.
1.3 No content is to be copied, distributed, re-published, publicly displayed, reproduced, encoded, in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without prior written consent from Desi Dhaba Restaurants.
1.4 Re-publishing content hosted by Desi Dhaba Restaurants servers, also know as ‘hotlinking’, is not permitted.
1.5 By submitting any content (including but not limited to reviews, ratings, comments, photographs, graphics) to and via Desi Dhaba Restaurants goods or services, the Customer grants Desi Dhaba Restaurants the ownership to this intellectual property and the right to use it in any manner Desi Dhaba Restaurants chooses, to the maximum extent permitted by law. Customers must have permission to use content submitted and Desi Dhaba Restaurants is not liable for any content submitted having not received authority from its original owner.
1.6 Desi Dhaba Restaurants is not liable for any misprints, type errors, incorrect pricing, outdated information and or similar on the Retailer’s website as this remains the responsibility of the Retailer.
1.7 “Live” waiting times displayed for delivery and pickup are estimates only as per Desi Dhaba Restaurants Delivery Policy.
1.8 Desi Dhaba Restaurants may display links, images and text throughout any web page as seen fit by Desi Dhaba Restaurants for the purposes of promoting the Retailer and/or Desi Dhaba Restaurants. This includes, but is not limited to the Desi Dhaba Restaurants logo, taglines and other recognisable symbols.
2 Customer Reviews & Ratings
2.1 The Customer is responsible for review content and ratings. Reviews and ratings do not reflect the opinion of Desi Dhaba Restaurants.
2.2 By submitting a review the Customer agrees that content provided is true and accurate. The customer acknowledges that their review will not breach intellectual property right of any kind. In doing so the Customer is responsible for his or her own legal fees.
2.4 It is the Retailer’s responsibility to respond to reviews, however the Retailer is free to choose not to do so.
2.5 A Review cannot be displayed outside of Desi Dhaba Restaurants managed websites without written consent by an authorised Desi Dhaba Restaurants representative.
3 Fee Structure
3.1 All services supplied by Desi Dhaba Restaurants are chargeable.
3.2 All onsite visits are chargeable with an initial call out fee and an initial payment block charged.
3.3 Payment blocks are supplied in half hour segments and are fully chargeable five minutes into any half hour.
3.4 All goods supplied by Desi Dhaba Restaurants will be charged additionally.
3.5 The Customer is required to know the fees for requested goods or services prior to the goods or services being provided.
4.1 Payment to Desi Dhaba Restaurants must be made by credit card or PayPal at the completion of the order being placed. Notification of the order to the requested client will not be placed nor will the supply of the goods or services be processed from our clients until payment has been processed, authorised and approved.
5 Default in Payment
5.1 If any payment has not been received by the agreed time or payment is dishonoured or reversed (for whatever reason) then the Desi Dhaba Restaurants commission will still be charged
5.2 Desi Dhaba Restaurants may then in its efforts to recover outstanding debt:
5.2.1 Charge interest on the outstanding amount at the rate of 2% per annum more than the rate from time to time fixed by the Penalties Interest Act 1983 and compounded monthly.
5.2.2 Charge the customer for all expenses and costs incurred in the reasonable pursuit of the debt including, but not limited to, legal fees, dishonour cheque fees etc.
5.2.3 Discontinue the supply of any goods or services currently under quote or contract.
6 Ownership and customer responsibility of goods supplied by Desi Dhaba Restaurants
6.1 Ownership of goods remains the property of Desi Dhaba Restaurants until full cleared payment for the goods has been received.
6.2 The customer takes full responsibility for the goods immediately upon delivery, this includes damages, theft or otherwise.
7 Desi Dhaba Restaurants warranties
7.1. Any date quoted or invoiced for the delivery of goods or completion of services are indicated only as estimates and are not guaranteed.
7.2. Desi Dhaba Restaurants will endeavour to remedy all problems relating to the customers requirements but does not guarantee the longevity of solutions or even being able to solve all problems.
7.3. Warranties for goods supplied by Desi Dhaba Restaurants from third parties will remain the responsibility of the third party.
7.4 Goods and services provided by Desi Dhaba Restaurants are of a technical nature and as such are subject to errors, bugs, unexpected issues, viruses and the like.
7.4.1 Desi Dhaba Restaurants assumes no liability for any issues relating directly, or indirectly, from such provision and the ongoing stability of any software or hardware is not guaranteed in any way by Desi Dhaba Restaurants.
7.4.2 Customers are advised to exercise caution in utilising the goods or services provided by Desi Dhaba Restaurants by setting up appropriate precautionary measures.
7.5 Desi Dhaba Restaurants assumes no responsibility for any ongoing issues on a machine or device after a service has been performed. This includes issues directly, or indirectly, relating specifically to the software or hardware monitored, modified, upgraded or removed.
7.6 Desi Dhaba Restaurants will not be responsible in any way for any breach of any software licence in respect of software provided by the Customer.
7.6 Desi Dhaba Restaurants will comply with its obligations under the Privacy Act 1988.
8 Customer Responsibilities
8.1 The Customer assumes sole responsibility for all data
8.2 The Customer is required, without notice, to back up all software, data and files that are stored on its computer and/or on any other devices it may have prior to any services supplied by Desi Dhaba Restaurants. Desi Dhaba Restaurants will not be responsible at any time for any loss, alteration or corruption of any such software, data or files.
8.4 The Customer must swiftly document and report errors, faults or unexpected behaviours in the operation of any goods or any provision of the service to assist in minimising Desi Dhaba Restaurants’s error analysis.
8.5 The Customer is required to know the fees for any goods or services provided by Desi Dhaba Restaurants prior to the goods or services being provided and agrees irrevocably to adhere to the payment requirements of Desi Dhaba Restaurants.
8.6 The Customer warrants that it has a valid licence in respect of any software and shall indemnify Desi Dhaba Restaurants against any loss, damage, costs, harm or other expense whatsoever arising either directly or indirectly as a result of Desi Dhaba Restaurants installing any software.
9.1 To the full extent permitted by law, all conditions, warranties, representations, indemnities and guarantees with respect to the goods and/or the services, or other goods or services that may be provided or recommended by Desi Dhaba Restaurants under these Conditions, that may otherwise be implied by statute, law, equity, trade custom, prior dealings between the Parties or otherwise are hereby expressly excluded.
9.2 Desi Dhaba Restaurants’s sole liability to the Customer for any and all breaches of any term or terms of these Conditions, whether express or implied, shall be limited to:
9.2.1 subject to sub-clauses 9.2.2 and 9.2.3, the aggregate amount of the fees and charges paid by the Customer in relation to the breach under these Conditions as at the date of the breach;
9.2.2 in relation to goods if supplied to Customer as a consumer (as defined in the Trade Practices Act 1974):
(a) the replacement of the goods or the supply of equivalent goods; or
(b) payment of the cost of replacing the goods or acquiring equivalent goods; or
(c) the repair of the goods or payment of the cost of having the goods repaired; and
9.2.3 in relation to services if supplied to Customer as a consumer (as defined in the Trade Practices Act 1974):
(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again, as in each case Desi Dhaba Restaurants may elect.
9.3 Desi Dhaba Restaurants shall in no way be liable to any Customer or third party in respect of the use of (or failure or performance of) the goods or the supply of the services for:
9.3.1 Errors, failures, malfunctions or unexpected behaviours caused directly or indirectly by:
220.127.116.11 Any third party;
18.104.22.168 Actions of Desi Dhaba Restaurants whether or not authorised by the Customer.
22.214.171.124 Accident, misuse or abuse by anyone.
126.96.36.199 Alteration or modification of any goods by anyone.
188.8.131.52 Any hardware or software that is attached to the goods whether supplied by Desi Dhaba Restaurants or not.
184.108.40.206 Failure to provide the recommended operating environments for the goods.
220.127.116.11 Damage during the relocation, reinstallation or reconstruction of the goods.
18.104.22.168 Power surge or failure
22.214.171.124 Acts outside the control of Desi Dhaba Restaurants or acts of God
126.96.36.199 Normal wear and tear
9.3.2 The loss or damage in any way of any files, data, services, performance, hardware or the like caused directly or indirectly by the breach of any conditions set out in these conditions by the Customer or by the actions of Desi Dhaba Restaurants.
9.3.3 Any loss of profit, business interruption or damage of goodwill
9.3.4 The Customers liability to any third party
9.3.5 Damages of any nature howsoever arising or caused.
9.4 Desi Dhaba Restaurants will not be liable in any way for any loss or damage suffered by the Customer where Desi Dhaba Restaurants, a Desi Dhaba Restaurants Agent or a Desi Dhaba Restaurants Representative has failed to deliver any goods or complete any task by the previously agreed time or by the cancellation or suspension of any goods or services for any reason.
9.4.1 Desi Dhaba Restaurants will not provide a guarantee for a Service Provider to deliver but for any related issues or complaints you can contact Desi Dhaba Restaurants.
9.4.2 Desi Dhaba Restaurants will not provide any guarantee where a Desi Dhaba Restaurants agent or Desi Dhaba Restaurants representative has failed to deliver any goods or complete any task by the previously agreed time or by the cancellation or suspension of any goods or services for any reason. For any related issues or complaints you can contact Desi Dhaba Restaurants.
9.5 Any replacements of parts, under Warranty or not, will be carried out at the premises nominated by Desi Dhaba Restaurants.
9.6 The cost and risk for the transportation of any goods by Desi Dhaba Restaurants, or nominated third party, is the Customers responsibility.
9.7 Nothing in these conditions excludes, restricts or modifies in any way:
9.7.1 Liability for fraud or deceit
9.7.2 Liability for injury or death caused by negligence
10.1 Desi Dhaba Restaurants reserves the right to cancel the delivery of any goods or supply of any service at any time and may cancel any order by notice to the Customer in writing.
10.2 Customers cancelling the request for on-site service with less than 5 hours notice may be charged a cancellation fee up to the value of the appropriate initial fees relating to the onsite service.
11 No representation
11.1 The Customer acknowledges and confirms that Desi Dhaba Restaurants has not made any representations to it to enter these Conditions and does not enter under any reliance on any representation by Desi Dhaba Restaurants, except for representations set out in these conditions.
11.2 The Customer understands and confirms that its decision to enter into these Conditions was, and is, not based on any promise, representation, statement, warranty or undertaking made by Desi Dhaba Restaurants.
11.3 The Customer has relied on its own skill and judgement in deciding to purchase and acquire the goods and services.
12 Governing law
12.1 This Agreement is governed by and must be construed according to the law applying in Victoria. The Parties hereby irrevocably submit to the exclusive jurisdiction of the courts of Victoria.
13 Deals, Special Offers & Vouchers
13.1 Deals, Special offers and Vouchers are subject to conditions outlined within the Retailer’s website, email and SMS promotions.
13.2 The Retailer and/or Desi Dhaba Restaurants reserve the right to discontinue deals, special offers & vouchers at any time without notice.
13.3 Vouchers cannot be used in conjunction with any other deal or special offer.
13.4 Customers must login for ‘personal’ assigned vouchers to be applicable.
13.5 Minimum order values apply after offer(s) has/have been redeemed – see Retailer’s website for details.
Desi Dhaba Restaurants Payments & Refund policy
Desi Dhaba Restaurants may change these policies periodically when required, so check this website to stay informed of any updates.
Although the products sold through the Desi Dhaba Restaurants participating websites are owned by the individual retailers, Desi Dhaba Restaurants is the responsible party for the collection of payment.
Payment is collected through cash, credit cards (Visa and MasterCard), PayPal and other internet based payment gateways.
There are no trailing fees, membership or other, for any products purchased through the Desi Dhaba Restaurants retailer websites. The total payment amount is clearly displayed upon the final confirmation screens before placing an order. If you are unhappy with the total payment amount then please do not confirm the order.
Once orders have been placed and paid for, they are transmitted through the internet to the requested retailer. Orders are then printed and processed by the Retailer. There is no ability to cancel an order once it has been placed.
Order and payment receipt information is displayed on the final page of the website during the order process, emailed through to the supplied email address and is additionally archived and available through the Desi Dhaba Restaurants customer membership portal located at members https://babasweets.com.au/
The last 4 digits of credit card numbers are stored in our secure databases for archive and reference information. The remaining information is destroyed immediately after payment has been approved.
In the event that your payment needs to be refunded, due to non-delivery of products or other retailer approved reasons, then please contact the retailer with your payment receipt and order number to request the refund. The retailer, if in agreement with the reasons for the refund, will then request a refund with Desi Dhaba Restaurants for the particular order number. Desi Dhaba Restaurants will then process the refund within one week.
The Desi Dhaba Restaurants Delivery Policy
Desi Dhaba Restaurants provides a service for its clients to offer their customers the ability to order products online. Although the service, the website and the services used are hosted by Desi Dhaba Restaurants, the delivery policy of each individual retailer is different.
There are two options for purchasing products through Desi Dhaba Restaurants; Delivery and Pickup. If you choose for your order to be picked up then there will be no delivery and you are responsible for collecting your order. If you choose delivery then the retailer should deliver your product within the estimated delivery waiting time. This delivery waiting time changes throughout the day depending on how busy the retailer is, traffic conditions etc. There is no guarantee made by Desi Dhaba Restaurants that your order will be delivered within this time frame. The delivery waiting time is to be used as a guide and it must be understood that unforeseen circumstances may result in your order taking longer than expected to be delivered.
With certain payment methods, credit cards processed via the Adyen/NAB network, the ownership of products purchased is transferred to Desi Dhaba Restaurants first. In this case the retailer that you ordered through becomes a Desi Dhaba Restaurants agent. As such you can contact that Desi Dhaba Restaurants Agent to discuss concerns with your delivery time or the quality of the goods purchased.
If your order is not delivered within a satisfactory time then you are to call the retailer with whom you placed the order to notify them of your concern. Each retailers phone number can be found within the website.
If your order is picked up or delivered to an unsatisfactory quality then you must bring those concerns to the retailer with whom you purchased the products from and they will deal with the matter according to their specific policies.
This Policy applies to Desi Dhaba Restaurants and outlines our obligations in managing personal information we hold. Desi Dhaba Restaurants is bound by the National Privacy Principles contained in the Privacy Act 1988. Personal information is information or an opinion relating to an individual which can be used to identify that individual.
Why does Desi Dhaba Restaurants collect personal information?
Desi Dhaba Restaurants collects personal information in order to conduct our business, to provide and market our products and services, and to meet our legal obligations. Desi Dhaba Restaurants deals with personal information in two situations: when providing services to our clients and their customers; and when running our day-to-day business operations.
What kinds of personal information do we collect?
In general, Desi Dhaba Restaurants collects, and holds for periods appropriate for efficient and secure production processes, includes (but is not limited to): names, addresses, contact details, computer and other technology specifications and billing/payment information. In most cases, if the personal information we require is not provided by our clients, we may not be able to supply our services.
How do we collect personal information?
Generally, when providing services to our clients, we collect personal information when our clients provide us with their customer information and update from time to time when our services have been utilised by the customer. Personal information you provide includes (but is not limited to): personal information by way of forms filled out by people online or on paper, face-to-face meetings, interviews, business cards, and telephone conversations.
How might we use and disclose the personal information provided by our clients?
When providing our services to a client, the personal information we receive from the client is the property of the client and not Desi Dhaba Restaurants. We use and disclose the personal information only for the purpose of providing our services to the client, unless otherwise required by law. These arrangements are governed to us by our clients and or by contractual obligations.
Management of personal information provided by our clients
The personal information we receive from our clients is the property of our clients. This information is generally maintained on computer databases. Some processes require minimal retention of personal information. When we provide outsourced database management services for our clients, we may retain personal information, securely, on behalf of our clients, for long periods of time as required by our client.
Your ability to access your personal information provided by our clients
Subject to some exceptions, the Privacy Act entitles individuals to gain access to personal information which an organisation holds about them. However, in the case of personal information that we collect from our clients, access to that personal information should be sought from the relevant client.
About whom do we collect personal information?
The type of information we may collect and hold when running our own day-to-day business operations includes (but is not limited to), personal information about:
- clients, potential clients, their employees and their customers;
- suppliers and their employees;
- prospective employees, employees and contractors; and
- other people who come into contact with us.
Personal information provided by other people
Desi Dhaba Restaurants collects personal information about an individual from third parties, such as recruitment firms and referrals from existing contacts.
Desi Dhaba Restaurants collects personal information from the web site www.desidhaba.com.au through receiving general inquiries, emails, website statistics and online forms.
How might we use and disclose your personal information?
Desi Dhaba Restaurants may use and disclose your personal information for the primary purpose for which it is collected, for secondary purposes which you may reasonably expect to be related to the primary purpose and in other circumstances authorised by the Privacy Act. In general, we use and disclose your personal information for the following purposes:
- to provide and market our products and services;
- to provide and market our clients products and services;
- to communicate with you;
- to purchase from you;
- to comply with our legal obligations; and
- to help us manage and enhance our services.
To whom might we disclose your personal information?
We may disclose your personal information to other companies or individuals who assist us in providing our services, complying with our legal obligations, or who perform functions on our behalf (eg, Superannuation Fund provider); and anyone else to whom you authorise us to disclose it.
How do we keep personal information accurate and up-to-date?
Desi Dhaba Restaurants endeavours to ensure that the personal information it holds is accurate, complete and up-to-date. We encourage you to contact us in order to update any personal information we hold about you. Our contact details are set out within our website at www.desidhaba.com.au
You have the ability to gain access to your personal information
Subject to the exceptions set out in the Privacy Act, you may gain access to the personal information which Desi Dhaba Restaurants holds about you by contacting us. We will require you to verify your identity and to specify what information you require.
General management of personal information
We take reasonable steps to protect the security of personal information that we hold. Desi Dhaba Restaurants personnel are required to respect the confidentiality of personal information and the privacy of individuals. Desi Dhaba Restaurants takes steps to protect personal information held from misuse and loss and from unauthorised access, modification or disclosure, (e.g. by use restricted access to computers and electronic records and password controlled operating systems).
Where we no longer require your personal information for a permitted purpose under the National Privacy Principles, we delete, destroy it, except for personal information provided by our clients, in which case we will return it to the client or destroy it if the client requests us to do so. In neither case do we keep copies of your personal information.
Updates to this Policy
This Policy will be reviewed from time to time to take account of new laws and technology, changes to our operations and practices. The most current version of this Policy is located at www.desidhaba.com.au and can be obtained by contacting us.
If you have any questions about privacy-related issues please contact our Privacy Officer +61 3 9650 9908