TERMS & CONDITIONS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or place of residence, or that you are the age of majority in your state or place of residence and you have given us your consent to allow any of your minor dependents to use this Site.

You may not use our Products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).  You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of the Service.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your information (other than credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express written permission by us.

The headings used in this document are included for convenience only and will not limit or otherwise affect these Terms. 

We are not responsible if information made available on this Site is not accurate, complete or current. The information and material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

If you have any doubts or concerns about any information contained on this Site, you should contact us immediately before proceed any further.

Certain Products or the Service may be available exclusively online through the Site. These Products or the Service may have limited quantities and are subject to return or exchange only according to our Cancellation and Refund Policy.

We have made every effort to display as accurately as possible the colours and images of our Products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our Products or use of the Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to cancel your order, or to limit the quantities of any Products that we offer. Any offer for any Products or services made on this Site is void where prohibited.  We do not warrant that the quality of any Products, the Service, information, or other material purchased or obtained by you will meet your expectation, or that any errors in the Service will be corrected.

We try to accurately state and update the item names, descriptions, prices, dietary information, heat and allergenic warnings and other information ("Product Information"). If you have any doubts or concerns about any Product Information, you should contact us before placing your order. Pictures shown are for illustrative purposes only and may not be an actual or realistic representation of the dish.

All descriptions and pricing of Products are subject to change at any time without notice, at our sole discretion. 
We reserve the right at any time to modify or discontinue the Service or our Products (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

Times for deliveries or collections are only estimates. We do not guarantee that orders will be delivered or will be available for collection within the estimated times.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information (including your email address and credit card numbers and expiration dates), so that we can complete your transactions and contact you as needed.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms. 

The Site may include materials from third-parties.  Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not accept any liability or responsibility for any third-party materials or websites, or for any other products or services offered by these parties. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. We have not reviewed and do not control any of these third-party websites (and are not responsible for these websites or their content or availability).

It is your responsibility to carefully review the third-party's policies and practices and make sure you understand them. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation: (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

Your submission of personal information through the store is governed by our Privacy Policy.

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake 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 law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

We provide you with access to the Site and the Service strictly on the basis of the following disclaimers and limitation of our liability. We note that these disclaimers and limitations operate to the maximum extent permitted by law, and expressly extend to exclude any terms which may be implied into our agreement by statute or common law. Nothing in these Terms operates to affect or diminish your statutory rights, including any consumer guarantees in relation to the Service or the Products which cannot be excluded or waived by operation of contract.

We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free.  We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. 
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all Products and delivery services made available to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. You expressly and irrevocably agree to solely bear any and all additional costs associated with your use or consumption of the Site, Products or Service.

Master Lanzhou Beef Noodle Bar, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors will 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 any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use or consumption of the Service or any Products procured using the Service, or for any other claim related in any way to the Service or any Products, including, but not limited to, any errors or omissions in any content or Product Information, or any loss or damage of any kind incurred as a result of the use and consumption of the Service or any Products. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

You agree to indemnify, defend and hold harmless Master Lanzhou Beef Noodle Bar and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable solicitors fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference or your violation of any law or the rights of a third party. 

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

You acknowledge that we will not be responsible for any liability (including, but not limited to, any loss or damage incurred by you) in relation to any and all interruptions to the Service or failure to fulfil our obligations under these Terms or as generally agreed where such interruption or failure is caused by an event outside of our control (“Force Majeure Event”).

For the avoidance of doubt, a Force Majeure Event includes, but is in no way limited to, the following:
- natural disasters, including fire, flood, tempest, earthquake, eruption or other act of God;

- pandemics and epidemics (whether man-made or natural); civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

- inability, impossibility or impracticality of use of public or private communications (including telecommunications) networks or roads, shipping, railways, aircraft or other means of public and private transport; and

- the acts, decrees, legislation, regulations or restrictions of any government wheresoever situate that have an effect on our business operations (whether direct or indirect).

You agree that we may attempt to end the Force Majeure Event (if it is reasonably practical and possible for us to do so) or implement a solution or solutions which may result in the resumption of all or part of the Service, but acknowledge that we are in no way required or obligated to do so. In the event that the Service cannot be resumed, you agree that we may have an extension of time to fulfil our obligations to you, or we may otherwise rely on the terms of our Cancellation and Refunds Policy. You agree to waive all rights and claims you may have against us in relation to any aspect of the Force Majeure Event (including the resumption of a limited service that may not be available to you).

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Service, or when you cease using our Site. 
If we believe that you fail, to comply with any term or provision contained in these Terms, we may terminate any agreement we may have with you at any time without notice and you will remain liable for all amounts due up to and including the date of this termination.  In addition, we may at our sole discretion cancel or refuse an order. We may also deny your access to the Service (or any part thereof). We also reserve our right to block a users IP address/account from accessing the Site.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination for all purposes. 

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

These Terms and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. 

These Terms and any separate agreements whereby we provide you Service shall be governed by and construed in accordance with the laws of Victoria, Australia. 

You can review the most current version of the Terms at any time on this page. 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.

Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes. 

Questions about the Terms should be sent to us at cs@masterlanzhou.com.au.