Privacy Policy - Bigfish Sushi Catering

This privacy policy (Privacy Policy) sets out how Tomozo Pty Ltd ABN 42 123 610 355 trading as Bigfish Sushi Catering (we, our, us) collects, stores, uses, protects, shares and discloses your personal information. It applies to our website located at bigfishsushicatering.com and its related services, products, websites, tools and applications (together the Website). By visiting or using the Website you agree to the collection, storage, usage and disclosure of your personal information by us in the manner described in this Privacy Policy. 

Capitalised words in this Privacy Policy have the same meaning as in the Terms of Service available on the Website.

• Types of Personal Information we collect

As part of delivering our Website we may collect personal information about you as defined under the Privacy Act 1998 (Privacy Act). We will only collect personal information where it is reasonably necessary for the performance of our functions or activities. The personal information we collect may include the following:

• Registration information: this includes information that we collect when you register to use our Website by creating an account. The information we collect includes your name, email, mobile and any other contact details you directly give us at the registration stage.
• User information: this includes information that we collect in order to fulfil the provision of the Services to you. The information we collect includes information of any Services you request on the Website and any additional information provided to us such as your name, address, email, phone number, allergen and dietary requirements or other information you provide to us during the provision of the Services.
• Profile information: this includes any information you choose to store on the Website.
• Financial information: this includes information such as payment card details and bank account details. We use this information to send to our third party payment gateways when payment of fees are due.
• Website use information: When you use our Website, for example when you contact us, we collect information that enables the Website to be able to run.
• Surveys: information in connection with client surveys, questionnaires and promotions;
• Other information we collect related to your use of the Website: your device identity and type, I.P. address, geo-location information, page view statistics, advertising data and standard web log information and any other information provided by you to us via our Website or our online presence, or otherwise required by us or provided by you.

 

• How we collect Personal Information

We may collect personal information either directly from you, or from third parties, including where:

• you register or sign up to the Website (or when you login through social media);
• you use the Website to enter in user content including:
  • you enquire for Services on the Website;
  • you submit a booking request for Services on the Website; or
  • you use the Website to leave a review;
• you use the Website generally including during the provision of Services;
• you subscribe to any of our newsletters;
• you contact us through our Website, in person, by phone or in writing;
• you submit any of our online forms;
• you communicate with us via email, telephone, SMS, social applications (such as LinkedIn, Facebook or Twitter) or otherwise;
• you interact with our Website, social applications, services, content and advertising; and
• you invest in our business or enquire as to a potential purchase of our business.

Where we collect your personal information from a third party, we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

Social media and cookies

We may also collect personal information from you when you use or access our Website or our social media pages. Please review our Cookies Policy below.

• Use of your Personal Information

We collect and use personal information for the following purposes:

• to operate the Website and provide our Services or information to you including to:
  • ensure the Services are delivered to you;
  • assist in streaming and personalising information for you;
  • enable us to process your personal data;
  • to manage our relationship with you, including information about similar services or send you an email reminder that a task you have performed on our Website remains uncompleted such an incomplete form;
  • enable you to communicate with us regarding your use of the Website;
  • confirm your identity;
  • to provide information about you to our contractors, employees, consultants, agents or other third parties for the purpose of providing the services to you;
  • communicate with you about your Account, or any transaction;
• to be de-identified for the purposes of generating statistical data and improving the Website;
• for record keeping and administrative purposes;
• to improve and optimise our service offering and customer experience;
• to comply with our legal obligations, resolve disputes or enforce our agreements with third parties;
• to administer and protect our services;
• to enable you to take part in a competition;
• to send you marketing and promotional messages and other information that may be of interest to you and for the purpose of direct marketing (in accordance with the Spam Act 2003 (Cth)). In this regard, we may use email, SMS, social media or mail to send you direct marketing communications. You can opt out of receiving marketing materials from us by using the opt-out facility provided (e.g. an unsubscribe link);
• to send you administrative messages, reminders, notices, updates, security alerts, and other information requested by you; and
• to consider an application of employment from you.

• Disclosure of your Personal Information

We may disclose your personal information to our employees, service providers who assist us to provide the Website to you such as providers of website development services, postal and shipping agents, information technology service providers, contractors and other third parties who provide us with any assistance located inside or outside of Australia.

Where we use a supplier outside of Australia, we will take reasonable steps in the circumstances to ensure that such overseas recipient does not breach the Australian Privacy Principles (except where such steps are not required under the Privacy Act).

We may also disclose your personal information to third parties to whom you expressly ask us to send the personal information to or to third parties where permitted under the Privacy Act. This also includes:

• your authorised representatives;
• third party service providers (such as Google Adwords);
• government and regulatory authorities and other similar organisations, as required or authorised by law; and
• such entities that we propose to merge with or be acquired by.

If you access third-party services to login to the Website, or to share information with, these third-party services may be able to collect your information in accordance with their privacy policies. We may also send your personally identifiable information to our payment service providers.

Any information that you post or share or otherwise disclose to the Website or our social media platforms, becomes available to the public, as controlled by any applicable privacy settings you set.

We may also share information you provide us for testimonials and social media marketing, and you expressly consent to such use and disclosure for such purposes.

We may also aggregate and/or make anonymous your personal information including sensitive information to make it available for the purposes of generating statistical data for the conducting of research and improving the Website.

• Cookies Policy

We also use cookies and URL information to gather information regarding the date and time of your visit and the information for which you searched and which you viewed. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a web site. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Website. Persistent Cookies can be removed by following Internet browser help file directions. Cookies may enable automatic logins when you visit in the future and may enable content customisation.

If you do not wish information to be stored as a cookie, you can disable cookies in your web browser.

We may also use third party vendor re-marketing tracking cookies, including the Google Adwords tracking cookie. This means we will continue to show ads to you across the internet, specifically on the Google network. The third-party vendors, including Google, will place cookies on web browsers in order to serve ads based on past visits to our Website. You can opt out of Google's use of cookies or device identifiers by visiting Google's Ads Settings. Alternatively, you visit the Network Advertising Initiative opt-out page or control the use of device identifiers by using your device’s settings.

• Storage & security

We use third-party cloud providers that provide hosting, data storage and other services.

We take reasonable steps to ensure your personal information is secure and protected from misuse or unauthorised access. Our information technology systems are password protected, and we use a range of administrative and technical measures to protect these systems. However, we cannot guarantee the security of your personal information.

We will retain your personal information for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

• Links

From time to time we may include embedded content from, and links to, other websites. Those websites are not under our control. The links and embedded content are provided for your convenience only. We do not endorse, and are not responsible for the content, validity, accuracy or your use of, those websites. You should check the terms and conditions of use of those websites before you use them.

You may not create a link to the Website from another website (other than to the home page) without our prior written consent, which may be given or withheld at our sole discretion.

• Requesting access or correcting your Personal Information

Subject to the Privacy Act, you have a right to access and correct any personal information about you that we may hold. If you wish to request access to the personal information, we hold about you, please contact us using the contact details set out below including your name and contact details. We may need to verify your identity before providing you with your personal information. In some cases, we may be unable to provide you with access to all your personal information and where this occurs, we will explain why. We will deal with all requests for access to personal information within a reasonable timeframe.

If you think that any personal information we hold about you is inaccurate, please contact us using the contact details set out below and we will take reasonable steps to ensure that it is corrected.

If we receive a request from you to access or correct personal information we will respond to you within a reasonable time after receiving your request and in the manner requested by you, if it is reasonable and practicable for us to do so. We may charge a reasonable fee for giving access to the information.

• If we can’t collect your Personal Information

If you do not provide us with the personal information described above, some or all of the following may happen:

• we may not be able to provide the Website to you, either to the same standard or at all;
• we may not be able to provide you with information about the Website that you may want; or
• we may be unable to tailor the content of our Website to your preferences and your experience of our services may not be as enjoyable or useful.

• Notifiable data breach

In the event that there is a data breach and we are required to comply with the notification of eligible data breaches provisions in Part IIIC of the Privacy Act or any other subsequent sections or legislation which supersede this Part IIIC, we will follow our relevant notifiable data breach procedures in compliance with the Privacy Act and relevant laws.

• Updates

This Privacy Policy is subject to occasional revision and we reserve the right, at our sole discretion, to modify or replace any part of this Privacy Policy. It is your responsibility to check this Privacy Policy periodically for changes. Continued use of our Website shall indicate your acknowledgement of that it is your responsibility to review the Privacy Policy periodically and become aware of any modifications. We may amend this Privacy Policy from time to time. Not all changes to our Privacy Policy will require your consent, for example where office security procedures are changed. We will notify you of any change to our information handling policy that requires your consent before being implemented.

• Enquiries, requests & complaints

Enquiries regarding this Privacy Policy or the personal information we may hold on you, should be addressed with the Privacy Officer, whose contact details are below.

If you think your personal information, held by us, may have been compromised in any way or you have any other Privacy related complaints or issues, you should also raise the matter with the Privacy Officer.

We will ensure your claims are investigated and a formal response will be provided to you, within a reasonable time, considering the circumstances of your claims. If any corrective action is determined to be required, as a result of that investigation, we will take all reasonable steps to rectify the situation and advise you of such, again within a reasonable time considering the circumstances.

If we do not resolve your enquiry, concern or complaint to your satisfaction or you require further information in relation to any privacy matters, please contact the Office of the Australian Information Commission, whose contact details are below.

Office of the Australian information Commission

Telephone 1300 363 992

Email enquiries@oaic.gov.au

Office Address Level 3, 175 Pitt Street, Sydney NSW 2000

Postal Address GPO Box 5218, Sydney NSW 2001

Website www.oaic.gov.au

 

Contacting us

Entity Tomozo Pty Ltd ABN 42 123 610 355

Email Please use the contact details available on the Website

Terms of Service - Bigfish Sushi Catering

The following Terms of Service (Terms) govern the terms on which Tomozo Pty Ltd ABN 42 123 610 355 trading as Bigfish Sushi Catering (the Service Provider) agrees to provide the Services (as defined below) to you (the Client). If you are agreeing to these Terms on behalf of someone or entity, you represent and warrant that that you have the irrevocable authority and agreement of that person or entity to be bound by these Terms.

By using this website bigfishsushicatering.com (Website), or by placing a booking request or by giving your acceptance to these Terms, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, you must not use the Website.

These Terms may be updated by the Service Provider from time to time. Each booking request placed on the Website will be a separate contract and the Terms that apply to a booking will be the version of the Terms that is on the Website at the time you place your booking request. Each time you use the Website you should revisit these Terms.

These Terms and Quote (as defined below), together with any other terms we provide to you, set out the terms of our offer to provide Services to you and constitutes our agreement.

DEFINITIONS

In these Terms unless inconsistent with the context or subject matter:

ACL: means the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)).

Applicable Laws: any laws governing or affecting the arrangements contemplated by these Terms.

Corporations Act: the Corporations Act 2001 (Cth).

Force Majeure Event: events, circumstances or causes beyond a party’s reasonable control including (but not limited to):

strikes, lock-outs or other industrial action;

civil commotion, riot, invasion, cyber-attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, health emergencies, disease, or other natural disaster;

impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

interruption or failure of utility services (including the inability to use public or private telecommunications networks); and

the acts, decrees, legislation, regulations or restrictions of any government agency,

• however, does not include a lack of funds.

GST: has the meaning given to it in the GST Law.

GST Law: means the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Insolvency Event:

a controller (as defined in section 9 of the Corporations Act), administrator or similar officer is appointed in respect of a person or any asset of a person;

a liquidator or provisional liquidator is appointed in respect of a person;

any application (that is not withdrawn or dismissed within seven days is made to a court for an order, or an order is made, or a meeting is convened or a resolution is passed, for the purpose of (i) appointing a person referred to in paragraph (i) or (ii) of this definition; (ii) winding up or deregistering a person; or (iii) proposing or implementing a scheme of arrangement of a person, other than with the prior approval of the Agent under a scheme of arrangement pursuant to Part 5.1 of the Corporations Act;

any action, proceedings, procedure or step is taken for the purpose of implementing or agreeing (i) a moratorium of any indebtedness of a person; (ii) any other composition, compromise, assignment or arrangement with any creditor or creditors of a person; or (iii) any similar proceeding or arrangement by which the assets of a person are subjected conditionally or unconditionally to the control of its creditors or a trustee;

any event occurs in relation to a person in any jurisdiction that is analogous, or has a substantially similar effect, to those set out in paragraphs (i) to (iv) of this definition (inclusive); or

a person is or admits in writing that it is, or is declared to be, or is taken under any applicable law to be (for any purpose), insolvent or unable to pay its debts.

Intellectual Property Rights: all intellectual property (IP) rights of any kind, in any jurisdiction, subsisting now or in the future (including business, company or trade names, domain names, patents, inventions, copyright, design rights, know-how, trade marks, the right to sue for passing off and rights to use, and protect the confidentiality of, confidential information), whether registered or unregistered, and including the rights to apply for or renew the registration of any such rights and any rights the subject of any lapsed application or registration.

Loss: any loss, liability, cost, charge, expense, tax, duty or damage of any nature whatsoever, including special, incidental, or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).

Personnel: the directors, officers, employees, contractors, suppliers, advisers or agents of a party.

Quote: has the meaning given to it under clause 2.3.

Services: has the meaning given to it under clause 2.1.

State: New South Wales, Australia.

In these Terms the following rules of interpretation apply, unless the contrary intention appears or context otherwise requires:

Headings and subheadings are for convenience only and do not affect the interpretation of these Terms.

References to clauses, schedules, annexures, appendices, attachments and exhibits are references to the clauses of, and the schedules, annexures, appendices, attachments and exhibits to, these Terms.

References to parties are references to the parties to these Terms.

References to a party to any agreement or document include that party’s permitted assignees and successors, including executors and administrators and legal representatives.

Words denoting the singular include the plural and words denoting the plural include the singular.

Words denoting any gender include all genders.

The word ‘person’ includes any individual, corporation or other body corporate, partnership, joint venture, trust, association and any government agency.

A reference to a body (other than a party to these Terms), whether statutory or not, that ceases to exist or has its powers or functions transferred to another body is a reference to the body that replaces it or that substantially succeeds to its powers or functions.

A reference to any agreement or document (including these Terms) includes any amendments to or replacements of that document.

A reference to a law includes:

legislation, regulations and other instruments made under legislation and any consolidations, amendments, re-enactments or replacements of them;

any constitutional provision, treaty or decree;

any judgment;

any rule or principle of common law or equity,

• and is a reference to that law as amended, consolidated, re-enacted, replaced or applied to new or different facts.

Any promise, agreement, representation or warranty given or entered into on the part of two or more persons binds them jointly and each of them severally.

Any promise, agreement, representation or warranty given or entered into on the part of two or more persons is for the benefit of them jointly and each of them severally.

No provision of these Terms will be construed adversely to a party because that party was responsible for the preparation of that provision or these Terms.

If a period of time begins on a given day or the day of an act or event, it is to be calculated exclusive of that day.

A reference to time is a reference to time in the capital city of the State.

A reference to a day is a reference to a day in the capital city of the State.

A reference to a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later.

If any act is required to be performed under these Terms by a party on or by a specified day and the act is performed after 5.00 pm on that day, the act is deemed to be performed on the next day.

If any act is required to be performed under these Terms on or by a specified day and that day is not a business day, the act must be performed on or by the next business day.

A reference to an amount of dollars, Australian dollars, $ or A$ is a reference to the lawful currency of the Commonwealth of Australia, unless the amount is specifically denominated in another currency.

Specifying anything in these Terms after the terms ‘include’, ‘including’, ‘includes’, ‘for example’, ‘such as’ or any similar expression does not limit the sense of the words, description, definition, phrase or term preceding those terms unless there is express wording to the contrary.

Where these Terms is executed for a party by an attorney, the attorney by executing it declares that the attorney has no notice of revocation of the power of attorney.

These Terms includes all schedules, annexures, appendices, attachments and exhibits to it.

A reference to writing or written includes email.

Where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase have corresponding meanings.

CATERING SERVICES AND BOOKINGS

The Service Provider offers a Japanese cuisine preparation and catering service (referred to as the Services), which the Client is able to submit a booking request online through the Website. The information and details of the Services, including menu plans are as displayed on the Website at the time the Client places their booking request and will be confirmed in a Quote (as set out below). Unless otherwise agreed in advance, the Services will run for approximately two hours from their commencement time.

Booking requests may be placed online via the Website or by other means approved by the Service Provider from time to time. Any references to Website in these Terms shall include references to such other locations in which the Services are made available to be booked. Please allow 7 days between submitting the booking request and the date of the relevant event to allow for adequate time preparations.

Once a booking request has been submitted, the Service Provider will review the details of the booking request and at its discretion provide a quote to the Client setting out the Services and fees applicable (Quote).

Unless otherwise agreed all Quotes are valid for 7 days from the date of the quotation. The Client’s booking will not be confirmed until the Service Provider has provided written notice of such. Any fees stated in a Quote are provided on the basis of the information current to the Service Provider at the date of the Quote. The Service Provider reserves the right to increase the fees set out in a Quote where applicable in accordance with these Terms. Any accepted Quote will form part of and be governed by these Terms.

All bookings are subject to availability and any terms and conditions as stated on the Website or otherwise notified by the Service Provider to the Client (including a minimum person requirement of 20 persons per booking). If, for any reason the Service Provider is unable to proceed with the supply, the Service Provider reserves the right to cancel the Services (and issue a refund for the cancelled Services if applicable).

In the event that the Client books the Services on behalf of a third party, the Client represents and warrants that it has made that third party aware of these Terms and acknowledges and agrees that actions of that third party shall also be attributed to the Client for the purposes of these Terms.

The Client must be at least 18 years of age and capable of entering legally binding contracts under Applicable Laws to book any Services.

CATERING SERVICES PRICES & Payment terms

Fees

The fees payable for the Services are as set out in the Quote.

Unless otherwise specified in the Quote, the Client must pay a deposit amount equal to 50% of the total fees, which is payable upfront at the time of booking confirmation, with the balance due on completion of the relevant event.

By making the deposit payment, the client agrees to all our 'Terms and Conditions”.

Prices and payment terms are subject to change in accordance with the other provisions of these Terms. All bookings are subject to a minimum charge of 20 persons (regardless of the number of persons that attend), unless otherwise agreed.

Additional charges may apply for travel outside of a 45km radius from Sydney CBD. Additional charges will be as set out in the Quote.

The Client must make payment via a method accepted by the Service Provider as set out in the Quote, including credit card, bank transfer or cash (as applicable).

The Service Provider reserves the right to vary the fees payable, even after the Client has received a booking confirmation, in the event of variations to the Services requested.

Default in payment

• In the event the Client fails to pay the fees or other charges when due in full in cleared funds in accordance with these Terms, the Service Provider may at its discretion cease providing the Services to the Client without notice and no refunds will be provided.

General

The Service Provider’s payment provider may charge the Client a fee depending on the payment method used by the Client (for example, payments made by credit card may attract a small surcharge). The Client agrees to pay such fees at the same time as payment is made to the Service Provider, even if such fees are not explicitly disclosed on the Website.

The Client acknowledges and agrees that they are solely responsible for ensuring that it has read and understood any applicable third party terms and conditions when using the Website. The Service Provider will not be liable for any loss or damage suffered by the Client in connection with such third party terms, regardless of whether the Service Provider has brought them to the Client’s attention or not. The Client is solely responsible for obtaining a copy of and reviewing such third party terms.

The Service Provider is not a party to any transaction between the Client and a third party. For example, if the Client incurs a debt to a third party payment provider in connection with a booking through the Website, the Client is solely liable for that debt.

The Client must make all payments without set-off or counterclaim. Payment of any fees is not dependent on receipt of a tax invoice.

Prices shown on the Website are in Australian Dollars (AUD) and include GST, unless otherwise stated.

Cancellation and CHANGES TO BOOKINGS

Once a booking for a Service has been placed or confirmed, the Client may only cancel and obtain a refund of any amount paid as follows:

if the Client gives notice at least 4 days’ prior to the start time of the booking, then the Client will receive a full refund of all amounts paid;

if the Client provides less than 4 days’ notice prior to the start time of the booking, then the Client will not be entitled to a refund of the deposit paid, and the Service Provider is entitled to keep the deposit (for the avoidance of doubt the deposit paid is forfeited).

Should the Client require to change the number of persons for a booking, then the Client may request the change, provided it notifies the Service Provider at least 48 hours prior to the start time of the booking. The Service Provider may accept or reject such request at its sole discretion. In limited circumstances, the Service Provider may not be able to cater for additional persons, and in such circumstances, the original Services will be provided. In all cases, the booking is subject to a minimum of 20 persons (and fees will be calculated at a minimum of 20 persons regardless of the number of persons that attend). If the Service Provider accepts such requests then it will provide an additional quote (with additional fees if required to be paid as advised by the Service Provider at the time of request) and if accepted by the Client, an invoice will be issued to accommodate these scope changes.

The Service Provider reserves the right to make changes to the Services which are necessary to comply with Applicable Laws, government agency requests or safety requirements.

The Client is solely liable for the payment of any additional Services outside of the scope.

The Service Provider reserves the right, at any time prior to the start date/time of the booking to cancel the booking without cause on giving written notice to the Client. Without limitation to such rights, if the Service Provider believes that there is an error in any booking placed, such as an error in the price, or if the Services are not available, the Service Provider reserves the right to cancel that booking. Where the Service Provider cancels the booking under this clause, then a full refund will be provided to the Client for the fees paid for that booking. This is the sole remedy for the Client, and the Service Provider will not be liable for any Loss in this respect.

Once the Services have been performed then, to the extent permitted by Applicable Laws, the Client will not be entitled to any refund under any circumstances.

Client duties and responsibilities

The Client must promptly provide all information and assistance reasonably required by the Service Provider in order for the Service Provider to provide the Services as soon as possible on being requested to do so. This includes, without limitation, being available to answer questions the Service Provider may have during the booking.

The Client must provide the Service Provider and its Personnel with:

unobstructed access to the Client’s nominated venue at all times during which the Services are being provided, this includes ensuring that the Service Provider and its Personnel have all keys or access codes/devices as required to access the residence parking in order to access the Client’s nominated venue at all times during which the Services are being provided, the Client must ensure that the parking (car space with a minimum height clearance of 2.1m) is reasonably close to the venue. In the event that no suitable onsite parking is available, Service Provider will need to have a loading zone on the venue and charge additional fees for parking. The Service Provider will invoice the Client for such fees, and the Client must make payment of the invoice within 7 days. 

1) If the client pay with a credit card (VISA and Master Card only), a 1.5% card surcharge will be applied.
2) If the client cancels the event 7 business before the event, a full refund will be applied without a surcharge fee.
3) If the client cancels within 4days before the event or does not turn up to the event, no payments will be refunded.

a clean and safe working environment at all times during which the Services are being provided, this includes ensuring that there is a clean space for the Service Provider to provide the Services from, an empty sink, and all benches wiped and sanitised. If the Client does not have adequate working space then the Client must inform the Service Provider of this prior to the start time of the Services;

access to chairs, power points (or other electricity access points), as well as any other items/services as requested by the Service Provider. The Service Provider will notify the Client of any additional items prior to the start time of the Services; and

information of any allergies.

The Client must provide a wet weather option, which provides the Service Provider and its Personnel with adequate protection from rain, should there be inclement weather.

The Client must ensure that no minors are left unattended at the premises at which the Services are being provided during the provision of the Services.

The Client represents and warrants that is has all necessary rights and authorities to grant the Service Provider and its Personnel access rights to its nominated residence in accordance with this clause.

It is the Client’s responsibility to remove and secure any valuables in their nominated venue where the Services are taking place. The Service Provider will not be responsible for any Loss caused to such valuables by the Client’s failure to remove and/or secure them. The Service Provider’s liability under this clause is not excluded for any theft caused by the Service Provider.

The Client warrants that it has all necessary rights and/or licenses to the venue to enable the Service Provider to access the venue, as well as provide the Services at the venue.

Compliance with Laws

• The Client acknowledges and agrees that it will not by receiving or requesting the Services:

breach any Applicable Laws, rules and regulations (including any applicable privacy laws); or

infringe the rights of any third party or breach any duty of confidentiality.

Delay

• If the Service Provider’s performance of its obligations under these Terms is prevented or delayed by any act or omission of the Client, then, without prejudice to any other right or remedy it may have, the Service Provider may:

terminate these Terms; and

the Client forfeits the price paid for the Services (regardless if they were able to be performed). For the avoidance of doubt, no refund will be provided in such circumstances.

RELATIONSHIP

The parties acknowledge that:

the Service Provider is engaged by the Client as an independent contractor and nothing in these Terms creates or constitutes a relationship of employer and employee, trustee and beneficiary or of partnership or joint venture between the parties; and

the Service Provider is free to provide its services to third parties during the term of these Terms.

Insurance

The Client acknowledges that neither it nor any of its Personnel are entitled to the benefit of any accident, third party, public liability or indemnity policies of insurance or any workers compensation policies which may be in force for the benefit or protection of the Service Provider’s employees.

REPRESENTATIONS AND WARRANTIES

Each party represents and warrants to the other that:

it has full authority to enter into these Terms and is not bound by any agreement with any third party that adversely affects these Terms; and

it has and will maintain throughout the term of these Terms, all necessary powers, authority and consents to enter into and fully perform its obligations under these Terms.

Each party will immediately notify the other party if any of the foregoing representations and warranties cease to be true during the term of these Terms.

Disclaimer

General

The Service Provider provides the Services on an "as is" basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by law. The Client relies on the Services and any information or guidance provided by the Service Provider to the Client throughout the provision of the Services (Information) at its own risk.

Without limiting clause 9.1 the Client acknowledges and agrees that:

although reasonable care has been taken to provide accurate Information, the Service Provider is unable to guarantee that any Information or content provided by the Service Provider is accurate, complete, reliable, current and/or error free. The Client should verify the accuracy of any information provided before relying on it;

all pictures and images of ingredients or menu items displayed on the Website are for illustrative purposes only (portion sizing may differ); and/or

the Service Provider does not provide any guarantee of results or any particular outcome and does not guarantee that the result of the Services will be performed to the Client’s satisfaction and/or taste preferences.

Allergies & Ingredients

It is the Client’s sole responsibility to inform the Service Provider of any allergens it has. No allergen or nutritional information provided by the Service Provider or stated on the Website should ever be considered a guarantee, but simply a good faith effort to serve the Service Provider’s customers. The Service Provider will not be liable for adverse reactions to food consumed or other items an individual may come into contact with whilst eating any of the items prepared by the Service Provider.

With respect to menu items and ingredients, the Client acknowledges and agrees that:

ingredients are supplied and manufactured by third parties unrelated to the Service Provider, the Service Provider does not manage or control those third party suppliers or their ingredients and are not responsible for their marketing, labels, packaging or otherwise;

information about menu items and ingredients is provided to the Service Provider by third party suppliers and the Service Provider cannot and does not, guarantee the completeness, accuracy, currency or reliability of such information;

no allergen or nutritional information provided by the Service Provider or a third party should ever be considered a guarantee, and the Service Provider will not be liable for any Loss arising in connection with adverse reactions to food or drink consumed or other items the Client may come into contact with in connection with the Services. For the avoidance of doubt, the Service Provider does not guarantee that the menu items will not cause adverse food reactions when consumed;

any nutrient information labelled on the items or otherwise displayed by the Service Provider on the Website are provided by a third party and the Service Provider is not liable for such;

although the Service Provider takes reasonably commercial attempts to identify the ingredients that  may cause allergic reactions or adverse effects:

allergen information provided is based entirely on information provided by third party suppliers and as such there is a risk that their information in incorrect or they change the formulation without notice;

some items may contain soy, milk, eggs, nuts and cereals containing gluten present in the manufacturing environment, and there may be cross contact with products because of shared cooking and food preparation equipment. Given that this information as well as the items are provided by third party suppliers the Service Provider does not and cannot guarantee that any of the menu items are safe to consume for people with soy, milk, egg, nut or gluten allergies. Clients with food allergies must be aware of this risk. Clients who have any form of medical condition, food intolerances or food allergies should consult with a medical professional before consuming any of the ingredients;

given the nature of the ingredients, being provided by third parties, the Service Provider does not and is unable to guarantee that any food or drink is safe to consume, and the Client consumes such at its own risk. The Service Provider accepts no responsibility in this respect.

Survival

• This disclaimer applies to the fullest extent permitted by law and shall survive any termination or expiration of these Terms.

indemnitY

Except to the extent caused or contributed to by breach of these Terms by the Service Provider, the Client indemnifies the Service Provider against, and holds the Service Provider harmless from, any Losses (including any direct, indirect, special or consequential Losses) and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses suffered or incurred by the Service Provider arising out of or in connection with:

the Client’s breach or negligent performance or non-performance of these Terms;

any claim made against the Service Provider or the Client by a third party arising out of or in connection with:

the provision of the Services and/or these Terms;

the reliance by the Client or a third party on the Services; or

defective Services,

• to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of these Terms, or is attributable to the acts or omissions of the Client or the Client’s Personnel;

the enforcement of these Terms; and

any act, omission or wilful misconduct of the Client or the Client’s Personnel (including any negligent act or omission).

It is not necessary for the Service Provider to incur expense or make payment before enforcing a right of indemnity under this clause).

The Client must make payments under this clause:

in full without set-off or counterclaim, and without any deduction in respect of taxes unless prohibited by law; and

in the currency in which the payment is due, and otherwise in Australian dollars, in immediately available funds.

The indemnities in this clause:

are continuing obligations of the Client, independent from its other obligations under these Terms and survive termination or expiry of these Terms; and

are absolute and unconditional and unaffected by anything which otherwise might have the effect of prejudicing, releasing, discharging or affecting the liability of the Client.

exclusion and limitation of liability

Subject to the other terms of this clause, the Service Provider excludes all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in these Terms to the maximum extent permitted by law.

Subject to the other terms of this clause, the Service Provider’s maximum aggregate liability to the Client for any Loss or damage or injury arising out of or in connection with these Terms, including any breach by the Service Provider of these Terms however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the actual fees paid by the Client to the Service Provider under these Terms in the 1-month period preceding the matter or event giving rise to the claim.

Nothing in these Terms is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the ACL, or the exercise of a right conferred by such a provision, or any liability of the Service Provider in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.

If the Service Provider is liable to the Client in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, the Service Provider’s total liability to the Client for that failure is limited to, at the option of the Service Provider, the resupply of the Services or the payment of the cost of resupply.

Without limitation to the other terms of this clause, the Service Provider excludes any liability to the Client, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms.

Notwithstanding anything else in this clause, the Service Provider’s liability will be reduced to the extent the loss or damage is caused by or contributed to by the Client or the Client’s Personnel.

The Service Provider will not be liable for any claim under or in relation to or arising out of these Terms including a breach of any warranty unless:

the Client has first made a claim under any insurance policy held by the Client that may cover that claim; and

that claim has been denied in whole or partly by the relevant insurer.

If the Client recovers any amount under an insurance policy in respect of a claim under or in relation to or arising out of these Terms and that amount is less than the loss or damage incurred by the Client, the amount of the shortfall will be the amount of the Client’s loss for the purposes of these Terms.

CANCELLATION & termination

The Service Provider may in its absolute discretion, by written notice to the Client, immediately terminate these Terms or one or more bookings (and shall have no liability for any Loss suffered by the Client due to the termination):

if the Client fails to make payment of any amount due under these Terms on time or otherwise in accordance with these Terms;

if the Client suffers an Insolvency Event;

if the Client breaches these Terms and fails to rectify the breach within 7 days of being given a notice to do so; or

in the event of Force Majeure (such as if there is a Government Agency declaration preventing access to the venue and the Service Provider is unable to supply the agreed Services).

The Client may terminate these Terms if the Service Provider breaches a material term of these Terms and fails to rectify the breach within 14 days of being given a notice to do so. The Client may not otherwise terminate these Terms.

COnsequences of termination

On termination or expiry of these Terms:

each party must promptly deliver to the other all property belonging to the other that is in its possession or control, including any intellectual property;

the Client must immediately pay to the Service Provider all amounts payable to the Service Provider (including amounts that are payable but not due), and the Service Provider may invoice the Client with respect to the Services performed up to the date of termination but not yet invoiced and such invoice shall be payable immediately on receipt; and

no refunds of amounts paid in respect of the period post termination or expiry will be provided.

Termination or expiry of these Terms does not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of these Terms which existed at or before the date of termination or expiry.

IntelLectual Property

Materials

The Client acknowledges that the Service Provider will retain all rights, title and interest (including all Intellectual Property Rights) which subsist in or which may be obtained from:

the Website;

the Services including any recipes, methods and other documentations or materials provided during the provision of the Services; and

any additional or further intellectual property created, formulated or discovered by either party in connection with the Services (including any developments, improvements, revisions and updates to the Services) whether or not the Service Provider and/or Client contributed to them, and whether or not the addition was at the direction or suggestion of the Client (for example if the Client suggests adding an ingredient to a recipe),

• (collectively referred to as the Materials)

Subject to the payment of the fees and to the extent that the Service Provider owns the Materials, the Service Provider grants to the Client a limited, non-exclusive, revocable, non-transferable, non-sublicensable nor assignable licence to use the Intellectual Property Rights in such Materials solely to the extent required to benefit from the Services.

Survival

• This clause survives termination of these Terms.

REVIEWS AND OTHER SUBMISSIONS

If the Client submits a review or other material to the Service Provider, the Client grants the Service Provider a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate and create derivative works from, distribute and display such content throughout the world in any media.

The Client represents and warrants that it owns or otherwise controls all the rights to that material and that at the date of submissions:

the material is accurate; and

the material does not breach any Applicable Laws.

The Client is strictly prohibited from publishing (including verbally to any person) any derogatory or defamatory comments about the Service Provider and the Services.

Force majeure

The Service Provider will not be in breach of these Terms or liable to the Client for any Loss incurred by the Client as a direct result of the Service Provider failing or being prevented, hindered or delayed in the performance of its obligations under these Terms where such prevention, hindrance or delay results from a Force Majeure Event.

If a Force Majeure Event occurs, the Service Provider must notify the Client in writing as soon as practicable and that notice must state the particulars of the Force Majeure Event and the anticipated delay.

On providing the notice above, the Service Provider will have the time for performance of the affected obligations extended for a period equivalent to the period during which performance has been delayed, hindered or prevented, however, the Service Provider must continue to use all reasonable endeavours to perform those obligations.

Subject to the other terms of this clause, the performance of the affected obligations must be resumed as soon as practicable after such Force Majeure Event is removed or has ceased.

no assignment

The Client must not transfer or assign its rights under these Terms to anyone else, without the prior written consent of the Service Provider, which may be granted or withheld by the Service Provider in its sole, absolute and unfettered discretion. The Client must provide any information the Service Provider requires to consider whether to grant its consent.

The Client acknowledges and agrees that the Service Provider may transfer, assign or otherwise dispose of its interest in these Terms upon giving written notice to the Client.

Notices

All notices authorised or required under these Terms to be given by a party to the other shall be in writing sent by email or delivered personally or sent by pre-paid registered post and in each case addressed to the other party at that party's Address for Service or as the case may be at such other address as a party may from time to time notify to the other.

The following shall constitute proof of receipt:

proof by posting by registered post; or

proof of dispatch by email.

Receipt of a notice given under these Terms will be deemed to occur:

in the case of a communication sent by pre-paid registered post, on the third business day after posting;

in the case of an email, on the business day immediately following the day of dispatch.

If a notice is sent via post, it must also be sent via email.

GENERAL

Variation

• An amendment or variation of any term of these Terms must be in writing and signed by each party.

No Waiver

• No party may rely on the words or conduct of any other party as being a waiver of any right, power or remedy arising under or in connection with these Terms unless the other party or parties expressly grant a waiver of the right, power or remedy. Any waiver must be in writing, signed by the party granting the waiver and is only effective to the extent set out in that waiver.

Severability

• If the whole or any part of a provision of these Terms are or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not.

No Merger

• On completion or termination of these Terms, the rights and obligations of the parties set out in these Terms will not merge and any provision that has not been fulfilled remains in force.

Survival

• Any clause which by its nature is intended to survive termination or expiry of these Terms will survive such termination or expiry.

Further Action

• Each party must do all things (including completing and signing all documents) reasonably requested by the other party that are necessary to give full effect to these Terms and the transactions contemplated by these Terms.

Time of the Essence

• Time is of the essence in these Terms in respect of any date or time period and any obligation to pay money.

Remedies Cumulative

• Except as provided in these Terms and permitted by law, the rights, powers and remedies provided in these Terms are cumulative with and not exclusive to the rights, powers or remedies provided by law independently of these Terms.

Entire agreement

• These Terms states all the express terms agreed by the parties about its subject matter. It supersedes all prior agreements, understandings, negotiations and discussions in respect of its subject matter.

Governing Law and Jurisdiction

These Terms is governed by the law in force in the State.

Each party irrevocably submits to the exclusive jurisdiction of courts exercising jurisdiction in the State and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms.