ONLINE ORDERING TERMS

Last Modified: December 19, 2017

The terms and conditions set out below (Online Ordering Terms) apply to online orders for the supply of food and drink products by a Thai Smile restaurant (Orders) which are submitted via our online ordering facility at www.thaismileky.com (Online Ordering Service). The Online Ordering Service is operated by Thai Smile, INC.

The use of the Online Ordering Service is governed by these Online Ordering Terms.

Without limiting the way in which you may become bound by these Online Ordering Terms, you will be deemed to have accepted and will be bound by these Online Ordering Terms by clicking a button on your device, by submitting an Order or by accessing the Online Ordering Service. 

1 ACCESSING THE ONLINE ORDERING SERVICE

1.1 You may browse the Online Ordering Service and submit Orders as a guest.

2 PLACING ORDERS 

2.1 To place an Order via the Online Ordering Service you will be required to specify:

(a) the food and drink products that you want to order (Ordered Products);  
(b) the restaurant at which you will collect your Order (Designated Restaurant);
(c) the estimated collection time for the Order (Pick-up time);
(d) your payment information; and
(e) any other details we require to finalize your Order. 

2.2 Please ensure that you check all of the details you enter and correct any errors before submitting your Order, as we will begin processing your Order immediately. You won’t be able to cancel or vary your Order, except as allowed under clause 6.

2.3 We reserve the right to refuse any Order on any grounds.

3 SELECTING A PICK-UP TIME

3.1 When placing an Order for later in the day, you will be asked to choose a Pick-up time, which is an estimated time for collection of your Order from the Designated Restaurant. 

3.2 If you do not select a pick-up time option the system we will let you know the earliest possible time we can have your Order ready.  By clicking the “Pay Now” button you agree to the system generated pick-up time.

3.3 The Pick-up time must be on the same day the Order is submitted and must be within the opening hours of the Designated Restaurant.

3.4 Please only submit an Order if you intend to collect the Order at the Pick-up time, as we will prepare the Ordered Products in anticipation of your arrival at the Pick-up time. 

4 PRICES

4.1 The prices published on the Online Ordering Service will apply to the Ordered Products. 

4.2 We reserve the right to refuse an Order or alter the agreed price if an incorrect price was given due to a software malfunction or interference with the Online Ordering Service.

5 PAYMENT

5.1 You must pay for the Products at the time of submitting your Order using an approved payment method. 

5.2 The payment will be processed by us immediately and will be debited from your account in the timeframe set by your card or account provider. 

5.3 If we are unable to authorize your payment via the selected payment method at check out, you will be alerted and your Order will not be processed.

5.4 We have engaged a third-party payment provider to securely process credit and debit card payments and store payment details for Account holders. We will not store your credit or debit card information on our servers and will not have direct access to your payment information.

6 CHANGES & CANCELLATIONS BY YOU

6.1 You may cancel or change your Order at any time up to 30 minutes before the Pick-up time, by contacting us at (502) 227-9934. No changes or cancellations will be accepted within 30 minutes prior to the Pick-up time.

6.2 If we allow you to cancel or change your Order, your original payment will still be processed. Our customer service team will then determine whether you are eligible for a refund according to clause 9.

7 CHANGES & CANCELLATIONS BY US

7.1 If we are unable to fulfil your Order due to unforeseen circumstances, or if one of the Products is no longer available, we may contact you to cancel or vary your Order. 

7.2 We will work to contact you before the Pick-up time, otherwise we will do our best to resolve the issue when you arrive at the Designated Restaurant.

7.3 In such a case, we will determine whether it is appropriate to: 

(1) replace the unavailable item with another item of a similar value;
(2) provide a partial refund of the price of the unavailable item;
(3) cancel the entire Order and provide a full refund; or
(4) provide another form of compensation that we deem appropriate. 

7.4 Any approved refunds will be handled by our customer service team as set out in clause 9. 

8 COLLECTING YOUR ORDER

8.1 Please arrive at the Designated Restaurant at or around the Pick-up time and let a member of the restaurant team know the name attached to the Order.

8.2 To collect your Order, a member of our restaurant team will require you to present your Order confirmation or appropriate identification that matches your Order. 

8.3 We will make every effort to have your Order ready to collect at the Pick-up time, but please be patient if there is a short wait due to high demand at the time.

8.4 If you arrive more than 10 minutes after the Pick-up time, we cannot guarantee that the Ordered Products will live up to our usual high standards of quality and freshness. We won’t generally provide a replacement or refund if your food has aged gracefully while waiting for you.

9 REFUND POLICY

9.1 Any complaint must be submitted to us via our contact us page within 48 hours after the Pick-up time. Our team will review your request and get back to you as soon as possible on how we propose to rectify your experience. 

9.2 Any decision to grant a refund will be at our discretion (subject to our legal obligations) but we will always work to address any complaints to your satisfaction. We will process any approved refunds within 5 business days of approval.

10 NO RESALE OR THIRD PARTY PROVIDERS

10.1 The Online Ordering Service is only open for Orders made on a direct to customer basis. Orders are only accepted on the condition that the person who places the Order must collect the Order in person for the purposes of private consumption. You must not resell or resupply any Products ordered via the Online Ordering Service to a third party. 

10.2 We may refuse, without any refund, any Order submitted via the Online Ordering Service which we reasonably believe has been made by or through a third party delivery business.

12 DISCLAIMERS

12.1 We do our best to ensure that our product names, descriptions, and prices are accurate, but accept no liability if any of the details published on the Online Ordering Service are incorrect. If you have any doubt about the contents of any of our products, please contact the Designated Restaurant before you place your Order.

12.2 To the extent permitted by law, we exclude all liability for any loss or damage you sustain as a result of your use of the Online Ordering service or consuming Ordered Products, except to the extent caused by our willful acts or omissions. 

12.3 These Online Ordering Terms will apply to the extent permitted by law and none of these terms will be construed as excluding, qualifying or limiting your statutory rights or remedies.

13 YOUR INFORMATION

13.1 When you place an Order via the Online Ordering Service you will be required to provide us with your personal information, including your full name, your email address, your phone number and your payment information (Information).

13.2 By submitting an Order and giving us your Information, you agree to our Privacy Policy and consent to us collecting and using your Information in accordance with our Privacy Policy.

14 VARIATIONS

We may vary these Online Ordering Terms at any time by publishing the revised terms on this website. The amendments will take effect from the next time you visit the Online Ordering Service. If you do not agree with the revised terms, you must immediately stop using the Online Ordering Service and delete your Account (if applicable).