Terms & Conditions

Cater In Terms and Conditions

This website is provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of this website (the "Agreement").

Your use of this website constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use this website. If you do not agree to these terms, please do not use this website.

Communications

When you use the Website or send emails or other data, information or communication to Cater In, You agree and understand that you are communicating with Cater In through electronic records and you consent to receive communications via electronic records from Cater In periodically as and when required. Cater In may communicate with you by email or by such other mode of communications, electronic or otherwise.

Definitions:

In these terms and conditions, caterin.com.au also means Cater In or any wholly owned subsidiary thereof:

"The Client"

means the person, firm or company making the booking in the case of "Cater In corporate buffets" (www.caterin.com.au) all individuals requesting an order in writing will have the express permission to do so on behalf of the company they represent.

"Prices"

In respect of our corporate catering services under " Cater In" www.caterin.com.au, all prices are as per our published website prices plus any additional charges for delivery, GST or products made to order (bespoke) that do not form part of any of our advertised prices. Quotations and confirmation of prices are always available on request.

"Prices"

In respect of our corporate catering (www.caterin.com.au) all prices are correct at time of print and going to press, however prices are subject to change without notice.

"Confirmation"

In respect of our corporate catering www.caterin.com.au, your written order with us is acceptance of your agreement to these terms and conditions as published. Our Terms and Conditions may in themselves be updated as necessary and without notice.

"Numbers"

Any increases to numbers of people to be fed must be advised in writing NO LATER than 5pm the day before delivery and the company reserves the right to supply these as "late order" lunches (details as per our website)

All orders are priced per person or per platter or each and Cater In therefore accepts no liability for any shortage of food ordered against the numbers of guests attending. In respect of our corporate catering (www.caterin.com.au) all orders can be cancelled in writing up to 2pm the day prior to the day of delivery. All orders cancelled after 2pm the day before delivery will be subject to full charge of the buffet.

"GST"

GST at the current rate is payable on all charges, no matter where or how the booking takes place.

"Third Party Arrangements"

When catering is arranged on behalf of the Client by a third party, written agreement from the Client of acceptance to pay the final invoice must be provided to Cater In before the booking is confirmed and accepted.

"Food"

Cater In cannot be held responsible for the safety of any food supplied directly by the Client or a third party supplier. All menus, ingredients, finger foods, sandwich filings and packages are completely available at our discretion and subject to change without notice. Customers should comply with our recommendations of Cater In in relation to the storage and use of the products. (For example and without limitation, use by dates in respect of our corporate buffets (www.caterin.com.au). Please note that all products supplied by Cater In may contain traces of nuts. Whilst we make every attempt to ensure that our HACCP policies are strictly adhered to and foods will always be produced to clients dietary requests, we can make no assurances, guarantees or promises in respect of allergies-especially if these give rise to potential ill health (Fish, Bovine, Lactose, Wheat etc)

"Payment of Goods and Services"

By accepting goods and services from Cater In in writing, you are accepting that your organization (made by you on behalf of the company ordered for), agrees to pay for these goods in full within our standards terms and conditions (30 days net) Under the "late payment of commercial debts (interest) act 1998 as supplemented by the "late payments of commercial debts regulations 2002 (Cater In) has the right to pursue interest and compensation for any monies owed to us.

Your Account

You may register with us when purchasing items using this website or by other means. For your website account, you are responsible for maintaining the confidentiality of your account username and password and for preventing unauthorized access to your account. You accept responsibility for all activities that occur under your account or password, please therefore take all necessary precautions to ensure that the username and password is kept confidential and secure. Please inform us immediately if you have any reason to believe that your username and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorized manner.

Please ensure the details you provide us with on registration are correct, complete and up to date. Inform us immediately of any changes to those details (e.g. change of email or postal address). You can access and update your details using the 'Your Account' area of the Website.

We reserve the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we do cancel an order, it will be without charge to you.

Personal Information

You may be asked to provide personal information (i.e. information which is collected and identifiable as relating to you personally) before purchasing any product, entering any competition or registering for our Cater In e-Newsletter on this web site. All personal information collected from this web site will be maintained in accordance with the Cater In Privacy Statement. By using this site, you consent to Cater In retaining and using your personal information in accordance with the Privacy Policy.

Client's Obligation to Pay

By registering with Cater In.The Customer agrees that they are authorized to register on behalf of the employer located at the employer's place of employment. As such the employer located at their place of employment whether it is a business or charity will be responsible for payment of any Orders placed with the Company. The Customer undertakes to pay to the Company all amounts in the statement of account within 7 days of the date of issue of the Statement of Account. Statements are e-mailed to your chosen billing address during the first week of each month.

Late Payments

These are payments that are not received within 30 days from the date on the invoice and will incur a 2% monthly account keeping and administration fee. Exceptions occur where The Customer is registering as a private user, in which case all personal orders or private sales from the Company to an individual require upfront payment by means of credit card or personal cheque. Orders will not be provided until funds have cleared our account.

Accepted Payment Methods

Customer payments shall be effected by way of cheque; electronic funds transfer or our secure online credit card merchant facility.

The Customer's business account will be credited from the date a payment is received by the Company, other than in the instance when a cheque is used as the method of payment. Where The Customer pays by cheque The Customer's business account will be credited by the amount of a cheque payment when the cheque is cleared.

The Company accepts all major credit cards. Credit card payments will incur a merchant fee. American Express, Visa and MasterCard incur 2.60% excluding GST merchant fee & Diners Club cards incur 2.60% excluding GST merchant fee. A deposit may be required on certain orders. Invoices are sent to your email address unless otherwise requested.

Use

You have our permission to solely electronically copy and print hard copies of pages from this web site for personal AND or non-commercial reasons related to placing an order or shopping with us. Unless we give you written permission in advance, any other use of this web site, its content and its information, including linking or framing to this web site, is strictly prohibited.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Cater In, its licensors or other providers of such material and are protected by Australia and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

- You may store files that are automatically cached by your Web browser for display enhancement purposes.

- You may print or download one copy of recipes and a reasonable number of other pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

- If we provide social media features with certain content, you make take such actions as are enabled by such features.

You must not:

- Modify copies of any materials from this site.

- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@caterin.com.au

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the terms "Cater In," the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Registration Information/Privacy Policy

Please refer to Cater In Privacy policy for information about our registration process, what information we collect on this Site and how we treat your personal information.

Termination

Cater In reserves the right, in its sole discretion, to immediately, without notice, suspend or terminate (I) these Terms of Use; and/or (ii) your registration(s) with or ability to access Cater In Site and/or any other service provided to you by Cater In.

User Communication

Cater In is pleased to hear from users and welcomes your comments regarding our products. You alone are responsible for any communication, message, and/or other content that you post, upload, submit, transmit or share with Cater In on this website, by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like (collectively "User Communications").

By transmitting or posting any User Communications, you represent and warrant that such User Communications are your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity or any other applicable laws. Cater In does not endorse or sponsor any such User Communications submitted by you or other users of this website.

Cater In reserves the right to terminate your registration and/or deny you access if it determines, in its sole discretion, that you are violating these Terms of Use, or applicable law, or that your conduct is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, or service provider.

You are prohibited from posting, uploading, submitting, sharing or transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. Cater In will fully cooperate with any law enforcement authorities or court order requesting or directing Cater In to disclose the identity of anyone posting any such information or materials.

Subject to the terms and conditions set forth in our Privacy Policy, all User Communications will be treated as non-confidential and nonproprietary information. Accordingly, please do not post, upload, submit or share any User Communications you wish to be kept confidential or for which you expect compensation, acknowledgment or attribution.

Advertisements and Promotions

Cater In may run advertisements and promotions from third parties on our Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Cater In, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Cater In is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Cater In advertisers on our Site.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Complaints Procedures

In respect of any and all complaints relating to any of our products (www.caterin.com.au) these must be made verbally on the day in question and then in writing to info@caterin.com.au within 3 working days of receipt of your buffet delivery date. Please note that any shortages for products not supplied must be put in writing on the day of delivery and the company reserves the right not to credit items that have not been notified in this way.

In respect of both "complaints procedures", Cater In will acknowledge receipt of your letter/email within 24 hours and will confirm in writing any feedback within 5 working days (Note: none of the above effects your statutory rights)

Loss or Damage

When equipment is delivered to any location, dwelling, or business premises-the "Client" remains wholly responsible for that equipment from the time of delivery until it is collected-save any usage and or involvement from Cater In in respect of service. Breakage, loss or damage, caused by the Client or the Client's guests-weather intentional or not, will be charged to the Client at the full replacement cost. (List of replacement charges is available on request).

The "Client" will be responsible for and will indemnify Cater In against any and all claims, cost, losses, damage or liability arising due to any negligent act or default of the "Client" or of any person for whom the Client is responsible.

Disclaimer

The materials on this website are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property.

Cater In expressly disclaims any duty to update or revise the materials on this website, although Cater In may modify the materials at any time without notice. Your use of this website is at your sole risk, and you assume full responsibility for any costs associated with your use of this website. Cater In shall not be liable for any damages of any kind related to your use of this website.

Indemnification

You agree to indemnify, defend, and hold harmless each of Cater In its parents, subsidiaries, affiliates, officers, directors and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of this Site, the violation of these Terms of Use by you, or the infringement by you, or any other user using your account, of any intellectual property or other right of any person or entity.

Errors and Omissions

Occasionally there may be information on this website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 on this website is inaccurate at any time without prior notice to you.

Modification and Notice

You agree that Cater In may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

Copyright Notice-Digital Millennium Copyright Act

We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner's agent and find any content on the Sites and/or Services that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act ("DMCA"). To do so, please provide our DMCA/Copyright Agent with the following information in writing: (i) A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work(s) claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material; (iv) Your contact information, including an address, telephone number and, if available, an e-mail address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Contact information for Cater In's Copyright Agent for notice of claims of copyright infringement is as follows:

Cater In
Attn: DMCA/Copyright Agent
Address:
info@caterin.com.au

Applicable Laws

Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Australia without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of New South Wales, Australia in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.

Comments or Questions

If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.

Contact us