These Terms & Conditions of Use govern your use of the The Trustee for Cinwell Trust (“Southside Bistro”) website and online ordering. References to ‘website’: https://www.ssbistro.com.au, services (including web-services), application or media managed by Southside Bistro. Your use of the Southside Bistro’s website constitutes your acceptance of these Terms & Conditions of Use.
Subject to law, Southside Bistro may, in its discretion, from time to time amend or otherwise modify the Terms & Conditions of Use. Southside Bistro 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.
Order Changes, Collect in Store and Delivery
Order Changes – Any changes to your order and pickup/delivery preference need to be made by calling the store landline 07 3172 5848 within 10 minutes of placing an order (emailing will not be accepted as it does not guarantee direct and immediate communication). Southside Bistro will not make any additional changes to the order if a request is not received within 10 minutes of placing an order. Under the Australian Consumer Law, Southside Bistro is not entitled to refund or remake your order except for a major problem, such as the product you received is significantly different from the sample or description.
Collect in Store ASAP – Southside Bistro will endeavour to have your order ready in 15 – 30 minutes time, which may be subject to peak hours and the size of the food order. You are responsible for collecting your order and may be asked to show proof of purchase at pickup. If the order is not collected within an appropriate timeframe, we reserve the right to deny a refund to unreasonably late arrivals for takeaways collection.
Delivery by a specific time – Southside Bistro will endeavour to deliver your order at the time requested, with a 10-minute window either way of the requested time. If we are running more than 15 minutes late we will call to notify you. You must live in our delivery area to pick this delivery method.
These Terms & Conditions of Use apply to all users of Southside Bistro’s website. Our website may include content, information or links to third parties. By accepting these Terms & Conditions of Use you agree to hold harmless and relieve Southside Bistro 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
Southside Bistro 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 Southside Bistro’s website, online ordering, including without limitation, publishing or distributing vouchers or codes, “robots”, “spiders”, “offline readers” and the like. Notwithstanding the foregoing, Southside Bistro 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. Southside Bistro 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
The website contains many valuable trademarks owned and used by Southside Bistro. These trademarks are used to distinguish Southside Bistro’s quality products and services. These trademarks and related proprietary property are protected from reproduction and simulation under national and international laws and are not to be copied without the prior express written permission of Southside Bistro.
The text, graphics and Southside Bistro’s html code (including flash files and java script) contained in the website are the exclusive property of Southside Bistro. 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 Southside Bistro.
The website may link to sites not maintained by or related to Southside Bistro. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with this website or Southside Bistro. Southside Bistro 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. Southside Bistro makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked to this website. Furthermore, Southside Bistro does not implicitly endorse third-party sites hyper-linked to this website.
The content on the Southside Bistro 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”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Southside Bistro, subject to copyright and other intellectual property rights under Australian laws and international conventions. Content on the website 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. Southside Bistro reserves all rights not expressly granted in and to the website and the Content. 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.
Southside Bistro’s website, application/s 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 Southside Bistro, the submissions become property of Southside Bistro. You understand that whether or not such User Submissions are published on the website, Southside Bistro does not guarantee any confidentiality with respect to any submissions. You agree that Southside Bistro may publish your name and submissions on the Southside Bistro’s website, Southside Bistro -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:
- you own or have the necessary licenses, rights, consents and permissions to use and authorise Southside Bistro 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
- 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 Southside Bistro. By submitting the User Submissions to Southside Bistro’s, you hereby grant Southside Bistro 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 Southside Bistro’s 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
- 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 Southside Bistro all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Southside Bistro 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.
- Southside Bistro does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Southside Bistro expressly disclaims any and all liability in connection with User Submissions. Southside Bistro does not permit copyright infringing activities and infringement of intellectual property rights on its website, and Southside Bistro 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. Southside Bistro reserves the right to remove content and User Submissions without prior notice.
- Southside Bistro 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. Southside Bistro 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. Southside Bistro 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.
SUNDAY AND PUBLIC HOLIDAY SURCHARGE (AUSTRALIA ONLY)
A 15% surcharge will apply to all customer orders on public holidays (excluding Christmas Day). If a public holiday falls on a Sunday, the relevant surcharge is 15%.
A 15% Public Holiday surcharge applies on Christmas Eve for QLD from 6PM.
CHRISTMAS DAY SURCHARGE
A 20% surcharge will apply to all customer orders on Christmas Day.
All sales are final and non-refundable unless problems with food or the order is confirmed with the restaurant and a refund is required.
Please keep in mind to arrive reasonably on time (within 30mins) to collect your food order should you have placed a takeaway order with us and is coming to the restaurant to collect the food order. We reserve the right to deny a refund to unreasonably late arrivals for takeaways collection.
All of our food orders are meticulously hand-packed and checked. Should your order be inaccurate or damaged, please contact us and provide an explanation and reason for your return request. Southside Bistro will replace the damaged order and offer you a refund. We reserve the right to ask you to return the damaged order immediately and/or provide additional photographic evidence before a refund or replacement is made. Please be aware that while we do everything from our end to complete a refund as soon as possible, it may take up to 10 business days for the refund to be processed, depending on your financial institution and the transaction type (ie Credit card, Paypal, Stripe).
To help us be better, we need your feedback, so please, let us know what you think.
Call +617 3172 5848 or email firstname.lastname@example.org
ONLINE ORDERING VIA THE WEBSITE ORDERING
Where you access your Southside Bistro’s Online Ordering account using a mobile device (e.g. a phone or tablet), you should protect the device with a password, and if your device is lost or stolen, use remote wipe facilities (if available) to clear all personal information on your device, and change the password(s) for your Southside Bistro’s Online Ordering account(s).
You agree to accept full responsibility for all your activities on our website and applications (including for online 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), using an electronic device which remains logged in to, or associated with, your registered account. If you order online, we may send you an email confirming the details of your order. The confirmation email will not constitute a tax invoice. Southside Bistro’s online 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. Southside Bistro’s reserves the right to refuse service, terminate your access to the website or online ordering, remove or edit any content or cancel your order/s in its sole discretion and without prior notice to you.
In making the Southside Bistro’s online ordering system (website and applications) available for use, Southside Bistro:
- makes no warranties or representations regarding the goods and services to be provided (including availability and delivery);
- does not guarantee that the website, and online ordering system will be error-free or that any errors will be corrected. Southside Bistro does not guarantee that the website, applications or online rdering system will be free from viruses or other harmful components and you agree to hold harmless Southside Bistro 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
- reserves the right to alter the agreed price if an incorrect price was caused by a software fault, error or malicious attack.
In using Southside Bistro online ordering system (whether via the website, an application or electronic device) you:
- acknowledge that all orders are treated as an express intention to purchase the nominated goods or services for the agreed online prices;
- indemnify Southside Bistro from all claims, losses, judgement, liability and damage relating to a failure of the online ordering system.
Steps we can take against your Domino’s Online Ordering Account
- you breach any of these Terms and Conditions of Use or do anything else in connection with your Southside Bistro Online Ordering Account that is not allowed or creates possible legal risk for us;
- we think that your password or account has been compromised;
- your Southside Bistro Online Ordering Account remains inactive for an extended period of time (to be determined in our sole discretion),
- we may choose to take one or more of the following steps against your Southside Bistro Online Ordering Account:
- suspend access to your Southside Bistro Online Ordering Account;
- cancel your Southside Bistro Online Ordering Account; and/or
- ban you from creating a new Southside Bistro Online Ordering Account in the future.
Southside Bistro is not required to provide you with prior notice of any step(s) that it intends to take.
Southside Bistro’s Online Ordering membership
You may provide your personal information, through Southside Bistro’s Online Ordering (via the website) to become a registered member of the online ordering system. As a registered member you will be able to save information such as your previous orders and payment details in order to improve (and speed-up) your future ordering experience with us.
Allergen-free or gluten-free products
Southside Bistro will endeavour to provide allergen-free or gluten-free meals if requested by you, but traces of allergens or gluten may be unintentionally present in food due to cross-contamination during store operations. We cannot guarantee that your order will be 100% allergen or gluten free.
Subject to law, Southside Bistro will not be liable for any costs, fees, claims, damages, charges whatsoever, including medical and dental costs, if a customer has any adverse reaction (including dental damage) to a product sold through a Southside Bistro store.
Southside Bistro store will endeavour to provide meat free products if requested by you, but traces of meat may be unintentionally present in food due to cross-contamination during store operations. We cannot guarantee that all vegetarian products will be 100% meat free.
THIRD PARTY ORDERING APPLICATIONS
Southside Bistro may, from time to time, enable customers to order a range of Southside Bistro’s menu items through third party ordering applications, such as EASI and Ubereats. When ordering through such third party ordering applications, you acknowledge and agree that:
Southside Bistro does not control the third party ordering application and Southside Bistro does not assume any responsibility or liability for the availability of the application, or the actions, products, services and content of any third party ordering application.
You should carefully review each third party’s privacy policies and terms and conditions of use. If you choose to purchase goods or services from a third party, then you are entering a separate agreement with that third party.
In order to use the third party ordering application, you may be required to create an account through that third party. The administration and management of such an account is managed by that third party and as such you must direct all queries and notification to that third party. If You believe someone has access to your account, You must notify that third party immediately. Failure to do so may result in You incurring charges for orders that are processed using your account and Southside Bistro is under no obligation to refund any such amounts.
In making Southside Bistro’s menu items available through a third party ordering application, Southside Bistro:
makes no warranties or representations regarding the goods and services to be provided (including availability and delivery);
reserves the right to alter the agreed price if an incorrect price was caused by a software fault, error or malicious attack.
Southside Bistro may, in its sole discretion, refuse or cancel any order placed through a third party ordering application for any reason, without explanation to You.
Southside Bistro have not made any representations or warranties that the third party ordering application will be error free, free of viruses or available without interruption.
Southside Bistro’s full range of menu items may not be available through third party ordering applications. The selection of available menu items will be subject to change from time to time.
Any promotional codes, vouchers, offers, loyalty programs or other marketing promotions offered by Southside Bistro will not be available or applied when ordering through a third party ordering application.
To the maximum extent permitted by law, Southside Bistro will not be liable for any loss or damage incurred by You or by any other person whether directly or indirectly in relation to your use of a third party ordering application.
LIMITATION OF LIABILITY
To the extent permitted by law, Southside Bistro’s liability in relation to any product or service purchased as a consequence of your use of this website is limited to the lesser of: (a) the replacement of any product purchased; and (b) the purchase price paid by you to Southside Bistro for the product or service.
To the maximum extent permitted by law, we will not be liable to you for any loss or damage (whether direct, indirect or consequential) howsoever caused, nor will we be in default under these Terms & Conditions of Use, for failure to observe or perform any of our obligations under these Terms and Conditions of Use for any reason or cause except if caused by our gross negligence. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with this paragraph but allows a limitation of a certain maximum extent then our liability is limited to that extent.
You agree to defend, indemnify and hold harmless Southside Bistro, and the directors, employees and agents of these entities, 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 Southside Bistro.
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.