Mr Summit - Southbank Café

Terms of Service

Acceptance of Terms of Services
By accessing or using order.mrsummit.com.au (the “Site”) to place orders, you agree to be bound by these Terms of Service, our Privacy Policy, and any other policies posted on the Site. If you do not agree with these Terms, please do not use the Site.
Eligibility
You must be at least 18 years old or otherwise able to form a legally binding contract under Australian law to use the Site and make purchases. By using the Site, you represent and warrant that you meet these requirements
Products and Ordering
All orders are subject to acceptance by Mr Summit. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraudulent activity
Pricing and Payment
Prices are displayed in Australian Dollars (AUD) and include applicable taxes unless otherwise stated. We accept payment via the methods indicated on the Site. By providing payment information, you represent that you are authorised to use the payment method you select
Mr. Summit Wallet
The Mr Summit Wallet is a digital loyalty wallet that allows you to store points or credits earned as rewards for loyalty, as well as points or credits purchased ahead of online regular transactions by you as a sign of loyalty or future commitment. While these points or credits have a clear and redeemable dollar value, they can only be redeemed for goods and services at Mr Summit and cannot be exchanged for cash or used outside Mr Summit.

The Wallet has a minimum validity period of three (3) years from the date of opening. Points or credits will expire after this period unless otherwise required by applicable Australian law. We reserve the right to amend the Wallet terms, including the valuation of points or credits, expiry rules, or redemption methods, in accordance with applicable Australian consumer and privacy laws.

By using the Mr Summit Wallet, you agree to our Terms of Service, including the Privacy Policy regarding the collection and use of personal information, and acknowledge that Wallet balances are non-transferable, except as expressly permitted by law.

We take reasonable steps to ensure the security and integrity of your Wallet balance. However, Mr Summit is not responsible for lost or unauthorised use of Wallet points due to your failure to protect your login credentials or for reasons beyond our reasonable control.
Accuracy, Completeness And Timeliness Of Information
Delivery and pick-up times, if provided, on the Site are estimates only. Mr Summit is not liable for delays caused by shipping carriers, weather, or other operational factors. Risk in the goods passes to you upon delivery in accordance with applicable Australian consumer law.
Returns and Refunds
Our returns and refunds policy is governed by the Australian Consumer Law (ACL). If a product is faulty, damaged, or not as described, you may be entitled to a remedy. Please refer to our Returns & Refunds policy for details.
Account and Security
If you create an account on the Site, you are responsible for maintaining the confidentiality of your login credentials. You agree to notify us immediately of any unauthorised use of your account.
Intellectual Property
All content on the Site, including text, graphics, logos, images, and software, is the property of Mr Summit or its licensors or supporting technology partner DigitalTreeCompany.com. It is protected by Australian and international intellectual property laws. You may not use, reproduce, or distribute content from the Site without our prior written permission.
Limitation of Liability
To the maximum extent permitted by law, Mr Summit is not liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Site or purchase of products. Nothing in these Terms excludes or limits our liability under the Australian Consumer Law where it cannot be excluded
Personal Information & Privacy Policy
Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and store your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).
Errors, Inaccuracies And Omissions
Occasionally, information on our Site or within the Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or product availability. We reserve the right to correct any such errors, inaccuracies, or omissions and to update, change, or cancel information or orders if any information in the Service or on any related website is found to be inaccurate, even after you have submitted an order, without prior notice.

We are under no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by applicable law. Any update or refresh date displayed in the Service or on a related website does not imply that all information has been modified or updated.
Prohibited Uses
In addition to other restrictions outlined in these Terms of Service, you are prohibited from using the Site or its content for any of the following purposes:
  • For any unlawful purpose or to solicit others to engage in unlawful acts;
  • To violate any international, federal, state, or local laws, regulations, or ordinances;
  • To infringe or violate the intellectual property rights of Mr Summit or any third party;
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • To submit false, misleading, or fraudulent information;
  • To upload or transmit viruses or any other malicious code that may disrupt the operation or functionality of the Site, related websites, or the Internet;
  • To collect or track the personal information of others without their consent;
  • To spam, phish, pharm, pretext, spider, crawl, or scrape the Site or related websites;
  • For any obscene, immoral, or offensive purpose;
  • To interfere with or circumvent the security features of the Site, related websites, or the Internet.
We reserve the right to suspend or terminate your access to the Site or any related service for violating any of the prohibited uses listed above.
Disclaimer Of Warranties; Limitation Of Liability
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from using the Service will be accurate, complete, or reliable.

You acknowledge and agree that we may, from time to time, suspend, remove, or cancel the Service, in whole or in part, for indefinite periods or at any time without prior notice. Your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are provided on an “as is” and “as available” basis, without any representation, warranties, or conditions of any kind, whether express or implied, including but not limited to all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

To the maximum extent permitted by law, Mr Summit, its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from:
  • Your use of the Service or any products procured through the Service;
  • Any errors or omissions in any content; or
  • Any loss or damage of any kind incurred as a result of using the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
Because some Australian jurisdictions may not allow the exclusion or limitation of liability for certain types of damages, our liability in such jurisdictions shall be limited to the maximum extent permitted by law.

We take reasonable steps to ensure that our files and digital products are free from viruses and other malicious code that could harm your device. However, we cannot guarantee that any files or digital products, whether provided directly by us or via third-party vendors recommended on our Site or in communications, are virus-free. You are responsible for ensuring that any files or digital products you download are safe for your device and compliant with applicable laws and regulations in your jurisdiction.
Indemnification

You agree to indemnify, defend, and hold harmless Mr Summit, including its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any claims, demands, losses, liabilities, damages, costs, or expenses, including reasonable legal fees, arising out of or in connection with:

  • Your breach of these Terms of Service or any documents incorporated by reference;
  • Your violation of any applicable law, regulation, or third-party rights;
  • Your use of the Service in a manner not authorised by these Terms.

You agree to cooperate fully in the defence of any such claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you agree not to settle any such claim without our prior written consent.

Severability

If any provision of these Terms of Service is deemed unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be severed from these Terms of Service, and such determination shall not affect the validity or enforceability of any remaining provisions.

Termination

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of these Terms of Service for all purposes.

These Terms of Service remain in effect until terminated by you or by Mr Summit. You may terminate these Terms by notifying us that you no longer wish to use our Services, or by ceasing to use our Site.

If, in our sole judgment, you fail or we reasonably suspect that you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice. In such cases, you will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services, or any part thereof.

Entire Terms of Service Agreement

The failure of Mr Summit to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this Site or in relation to the Service, constitute the entire agreement and understanding between you and Mr Summit. They govern your use of the Service and supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and Mr Summit, including, but not limited to, any prior versions of the Terms of Service.

Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed under the laws of the state of Victoria, Australia.
Contact Information

Questions about the Terms of Service should be sent to us at info@mrsummit.com.au.

Changes to Terms of Services
We may update these Terms from time to time without prior notice to reflect changes in our practices, operational requirements, legal obligations, or regulatory requirements. Please review these Terms of Service periodically to stay informed.
Mr. Summit

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