Any clause of terms and conditions if deemed invalid, void or for any reason unenforceable, shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the terms and conditions.
“Site” means the Twin Peaks online shopping platform owned and operated by Times Internet Ltd, which provides a venue to the users of twinpeaksrestaurant.com to buy the products listed / displayed at Twin Peaks Shopping by the Seller.
“Vendor” / “seller” /”affiliates” shall mean the person or any legal entity who offers for sale, sells, puts for auction the products on the www.twinpeaksrestaurant.com / website.
“User/You” means and includes any Customer / Buyer / You (the person or any legal entity) who accept the offer for sale of the Vendor / Seller products, through ‘Twin Peaks shopping’ by placing its order on this Site.
“Product/s” connotes the goods, services promoted / displayed on the Site and offered for any use / sale.
“Front Burner” means Front Burner Restaurants LP.
This Website is only a venue where Users may meet and interact with one another for their sale and purchase transactions. Therefore, Front Burner acts as a facilitator for such sale and all commercial / contractual terms are offered by and agreed to between buyers and sellers alone. The commercial / contractual terms include without limitation price, shipping costs, date, period, mode of delivery, warranties related to products and services including after sales services related to products and services, etc., over which the seller has complete control and the same may be subject to change.
The agreement between you and Front Burner is subject to the following terms and conditions :-
- The User certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian.
- These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the Shopping services of Front Burner you agree to be bound by the Terms and Conditions.
- All prices, unless indicated otherwise are in American Dollars.
- By indicating User’s acceptance to purchase any product or service offered on the site, user is obligated to complete such transactions. Users shall prohibit from indicating its acceptance to purchase products and services where it does not intend to complete such transactions.
- Front Burner is neither responsible for any non-performance or breach of any contract entered into between Users nor make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the products or services proposed to be sold or offered to be sold by the seller or purchased by the buyer, on the Website.
- You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf. Front Burner, accepts no liability for any errors or omissions, whether on behalf of itself or its Sellers or third parties.
- Any order placed for a product that is listed at an incorrect price may be cancelled. This shall be regardless of whether the order has been confirmed and/or payment levied. In the event the payment has been processed, the same shall be credited to your account and duly notified to you by email.
- Front Burner does not at any point of time during any transaction between buyer and seller on Website come into or takes possession of the product(s) or service(s) offered by seller nor does it at any point gain title to or have any rights or claims over the products or services offered by seller to buyer. Front Burner shall not and is not required to mediate or resolve any dispute or disagreement between Users.
- In a credit card transaction, you must use your own credit card. Front Burner will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to ‘prove otherwise’ shall be exclusively on the user.
- Front Burner is not responsible for non-delivery, unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply. It is the sole responsibility of the Vendor to dispatch the Product to the User (depending on the Product or Offer Price). Any request for cancellations of orders once duly placed on the site, shall not be entertained.
- In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost towards re-delivery shall be claimed from the User placing the order.
- Shipment/delivery time of order processing starts from the day of receipt of the payment/COD(Cash on Delivery)confirmed against the order placed with Front Burner. The Shipment /Delivery time is an approximate time mentioned by the vendor against each product. FRONT BURNER shall not be liable for any delay / non-delivery of purchased goods by the Vendors, flood, fire, wars, acts of God or any cause that is beyond the control of Front Burner.
- Notwithstanding anything contained herein Front Burner acts only as booking agent to facilitate / integrate transactions between the Buyers and Sellers through various platforms (online web store, print ads, call centre, mail order catalogues, SMS. etc.) for various Vendors and shall in no way be responsible for any quality of product, replacement, damages, additional cost, losses, expenses and/or taxes incurred by Users qua the products. In no event shall Front Burner, its directors, officials, representatives and employees are liable for any damages relating to products sold through its various platforms.
- Presently, the service(s) of Front Burner Shopping are being offered free of cost. However, Front Burner reserves the right to charge a fee for any or such facilities.
- The User agrees to use the services provided by Front Burner, its affiliates, consultants and contracted companies, for lawful purposes only.
- The User agrees to provide authentic and true information. Front Burner reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found not to be true (wholly or partly), Front Burner has the right in its sole discretion to reject the registration and debar the User from using the Services available at this website, and / or other affiliated websites without prior intimation whatsoever.
- Front Burner will not be responsible for any damage suffered by users from use of the services on this site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the Vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
- For products offered with EMI paymodes, Paymode charges are extra to be borne by the customer.
- Partial delivery of product needs to be reported within 10 days of receipt of the product.
Cancellation / Refund Policy
Cancellation, on user’s request, may not be allowed, subject to the specific terms and conditions applicable to the type of product or service purchased.
All order/sub orders cancelled will be refunded as per the payment mode selected by customer except for COD/Cheque paymode, where refund shall be processed via Payorder/Demand-draft.
Delivery of orders would be done address specific not person specific.
The Twin Peaks Gift Certificate issued by FRONT BURNER shall be sent on the email id mentioned on the billing address only.
For reported defects on products with manufacturer’s warranty the customer needs to contact the relevant service center of the manufacturer, respectively.
FRONTBURNER shall not be held responsible for any refund claim in such a case from the customer.
Front Burner reserves the right to cancel any order placed using Credit Card which holds International Billing Address.
Octroi charges may be levied on some products displayed on the site. These charges shall are not refundable and shall be borne by the customer. In the event of cancellation of the order the, Octroi charges levied shall not be refunded.
Disclaimer Of Warranties/Limitation Of Liability
USER ACKNOWLEDGES THAT THROUGH THIS SITE, FRONT BURNER MERELY ACTS AS A FACILITATOR, IN ORDER TO FACILITATE HIGHEST QUALITY SERVICES TO THE USERS. FRONT BURNER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, BUT SHALL ENDEAVOUR TO ENSURE USER FULLEST SATISFACTION.
FRONT BURNER IS NOT LIABLE FOR ANY CLAIMS AGAINST LACK OR DEFICIENCY OF SERVICES; NON-FULFILLMENT OR UNSATISFACTORY FULFILLMENT OF PRODUCTS AND SERVICES PURCHASED BY USER FROM THE THIRD PARTY. THUS, FRONT BURNER SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY ASPECT OF THE ARRANGEMENTS BETWEEN THE USERS OF THE SITE AS REGARDS THE STANDARDS OF PRODUCTS AND SERVICES. IN NO EVENT SHALL FRONT BURNER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE PRODUCTS AND SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER’S TRANSMISSIONS OR DATA; (D) ANY OTHER MATTER RELATING TO THE SERVICES; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE.
FRONT BURNER SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND FRONT BURNER’S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
Registration of the User on the Website is Mandatory. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party’s under ID and Password for any purpose whatsoever without proper authorization from such party.
User are responsible for the security of User’s password and for all transactions undertaken using User’s password through our service. User confirm that he/she is the authorized holder of the credit card or the original account holder used in the transactions under this Site. Front Burner will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of user’s ID/password/credit card number/account details number for using Front Burner’s Travel Services.
The user also agrees and undertakes to immediately notify Front Burner of any unauthorized use of the user’s password or user ID and to ensure that the user logs off at the end of each session at the website. Front Burner shall not be responsible for any, direct or indirect, loss or damage arising out of the user’s failure to comply with this requirement.
The User also agrees to: (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form (“Registration Data”) on the Website; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete or Front Burner has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Front Burner shall have a right to suspend or terminate User’s registration and refuse any and all current or future use of the Website and/or any Service.
Furthermore, the User grants Front Burner the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.
You shall indemnify and hold harmless Front Burner and (as applicable) Front Burner’s parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement,
The User agrees that Front Burner may under certain circumstances and without prior notice, immediately terminate the User’s user ID and access to the Website/Services. Causes for termination may include, but shall not be limited to requests by enforcement or government agencies, etc
None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and Front Burner and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorizes Front Burner and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed Front Burner and its agents as their agent for this purpose.
The Terms and Conditions, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
The headings and sub-headings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Service or the right to use the Website by the User contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
Communication with Users
Front Burner reserves the right to communicate with Users regarding this site and User’s use of this site or any product or service purchased by User on this site.
Front Burner shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause.
This agreement and each TOS shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of New Delhi.