ELIA DONATI GROUP PTY LTD - TERMS AND CONDITIONS

Definitions:

“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of State fair trading legislation;

“Booking Form” means the form that is accessible on the Website or provided by Us in response to an enquiry and used by a Customer to order the Services;

“Delivery” or “delivered” means the time when the Services are provided by Us to the Customer at the Customer’s nominated address;

“Intellectual Property Rights” means all intellectual property rights (whether created before, on or after the date of this Agreement and whether registered or unregistered) in respect of copyright, any patents, trademarks, logos, designs, software, domain names, business or trade name, together with marketing concepts and designs, product knowledge, training systems and materials, protection of confidential information, circuit layouts, inventions, know-how, product or business concepts, details of product development, and any other identifiable result of intellectual endeavour, whether arising under statute or otherwise or any similar industrial property right or any right to, or application for registration of, any of them;

“We” or “Us” means Elia Donati Group Pty Ltd (ABN 83 384 931 627);

“Website” means the website with the designated URL www.eliadonati.com and its associated services and/or functionality.

  1. User agreement

  1. All contracts, agreements, arrangements and dealings between Us and any person using the Website (“Customer” or “You”) or ordering any services (“Services”) provided and supplied by Us to a Customer are subject to the terms and conditions of trade set out herein (“Terms”).

  1. These Terms shall be deemed to be incorporated into all agreements for the supply of Services by Us to a Customer. These Terms supersede all prior understandings, arrangements and agreements relating to such supply. In the event that there is any inconsistency between these Terms and any other communication from Us, these Terms shall prevail unless specified otherwise in writing by Us.

  1. By submitting a Booking Form to Us or by ordering or purchasing any Services You agree to be bound by these Terms.

  1. If You do not agree to any provisions of these Terms, You must not submit a Booking Form or make any order for Services.

  1. We may amend these Terms at any time at our sole discretion. By continuing to submit a Booking Form or placing orders for Services, You will be deemed to have accepted any revised terms published from time to time on the Website.

  1. Booking Form

  1. You can elect to register as a customer in order to order our Services by completing a Booking Form. The Booking Form can be accessed at the Website or can be provided to You by Us if you make an enquiry through the Website.

  1. Any information which You provide to Us in a Booking Form will be stored in accordance with our privacy policy which is published on the Website at https://www.eliadonati.com/privacy-policy as amended from time to time.
  2. You are solely responsible for the accuracy of the information You provide to us in a Booking Form and warrant that such information is true, correct and accurate.
  1. Dietary Requirements

  1. We prepare all food in accordance with the Food Standards set by Food Standards Australia and New Zealand and are HACCP Accredited.

  1. In providing the Services we will be using your kitchen equipment, or the equipment located at the Delivery address nominated by You. We will not be responsible if that equipment contains traces of nuts, egg, dairy, gluten and other known allergens. Accordingly, we cannot guarantee that all dietary requirements specified in a Booking Form will be met, specifically in regards to allergens.

  1. We will not be responsible or liable for an adverse reaction to any of our food by You or any other person that results from our use of your kitchen equipment, or the equipment located at the Delivery address nominated by You.

  1. Images on our website and marketing material are styled for presentation purposes, and may not be indicative of the presentation of particular items ordered by You. Menus are subject to change according to seasonal and supplier availability. We endeavour to alert Customers to any changes, however, this is not always possible and in some instances some products may be substituted for similar quality ingredients.

  1. Orders

  1. The advertising of any Services for sale by Us is merely an invitation to treat and a Customer in ordering Services is making an offer to Us to purchase the Services. The agreement to provide Services to You only comes into existence upon our acceptance of a Customer’s order, which occurs when we issue an Invoice to You in respect of the Services.

  1. By placing an order to purchase Services, You acknowledge that You:

(a)        are over eighteen (18) years of age;

(b)        are making an offer to Us to purchase Services; and

(c)        the offer does not constitute a binding contract with Us.

  1. An offer made by a Customer is open to acceptance by Us. Acceptance of your offer to purchase Services will occur at the time that we issue an invoice to You in respect of those Services.

  1. We reserve the right to accept or reject a Customer’s order for any reason, including;

(a)        an incomplete Booking Form;

(b)        the information contained in any advertisement of Services being incorrect;                or

(c)        the unavailability of the Services at the time nominated by a Customer for Delivery.

  1. In the event that We reject a Customer’s order, We will refund any amount paid by the Customer in respect of the rejected order.

  1. Orders may be cancelled in accordance with our Cancellation Policy which can be viewed at www.eliadonati.com/covid-19-and-our-policies.
  1. Price

  1. The price for Services, delivery and other charges shown are in Australian dollars and includes GST where applicable and unless specified otherwise.

  1. The price for Services may change from time to time as published on the Website. Any change in pricing will apply to future orders for Services and will not apply to any active but unfulfilled orders.

  1. We reserve the right to change the quoted price in the event that the Customer’s order is varied.

  1. Filming at location

  1. You acknowledge and agree that we may film the provision of our Service for the purposes of creating marketing material for publication to the public.

  1. In consideration for us agreeing to provide the Services to you, you:

  1. irrevocably permit us to film at the located nominated by you for the provision of the Services (Location) including the depiction of the exterior and interior of the Location;
  2. acknowledge and agree that any video recording made by us incorporating the Location may be copied, exhibited, communicated, advertised, promoted and otherwise used by us in perpetuity;
  3. agree that all intellectual property rights subsisting in any film made at the Location vests in and is owned by us.

  1. you warrant that you:
  1. are authorised to or have the right to allow us to film at the Location and that our filming at the Location does not and will not infringe the rights of any other person or organisation; and

  1. have or will obtain the consent of all of your guests or any third party at the Location to us filming at the Location and publishing any cinematographic recording made by us at the Location which may include their depiction, image or likeness.

  1. You unconditionally indemnify and keep indemnified us against all losses, liabilities, costs and expenses that we incur as a result of or in relation to a breach of a warranty under sub clause (5.3.).

  1. Payment
  1. We will issue You with an invoice in respect of the order for Services. We may require that You to pay a deposit on the price of the Services.

  1. The due date for payment of the price of the Products will be the date specified in the invoice or provided by Us to You.

  1. The Customer must pay all money due to Us without deduction or set off and must not withhold any payment for any reason.

  1. In the event that You fail to make payment of the price for the Services in accordance with these Terms we may elect, in our sole discretion, to not provide the Services to you on your nominated date for Delivery. If this occurs, or, in the event that you cancel the Services prior to Delivery any deposit paid may be withheld in our sole discretion and we will work with you in arranging for an alternative date for Delivery.

  1. Delivery of Services

  1. Subject to these Terms, upon acceptance of an offer We will supply the Services to You on the nominated Delivery date.

  1. We will not be liable for any loss or damage suffered by the Customer if we do not provide the Services on the Delivery date due to:

  1. You failing to pay the price for the Services by the due date set out in any Invoice issued to You by Us;

  1. The requirement to postpone or cancel the Services in accordance with our Cancellation Policy; or

  1. Any other Force Majeure event.

  1. All Services will be Delivered to the Customer at the Delivery address provided by the Customer.

  1. Statutory Conditions and Warranty

  1. Consumer Notice: Our Services come with guarantees that cannot be excluded under the Australian Consumer Law.  Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded.

  1. Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law (Warranty), any liability imposed upon Us in respect of a breach of warranty will at its option be limited to:
  1. the resupply of Services; or

  1. the refund of the price paid for the Services.
  1. To the extent permitted by law, the following are not covered by Warranty unless otherwise specified in the particular warranty relevant to the Service purchased:

  1. failure or defect resulting from inaccuracy of information contained in a Booking Form;

  1. any modification or alteration to the product created by the Services not conducted or authorised by Us.

  1. To the extent permitted by law, We shall not be liable for any indirect or consequential damage, losses or expenses suffered or incurred by the Customer or any third party, however caused.

  1. To issue a Warranty claim, the Customer will be required to:
  1. contact Us within 14 days of Delivery (Notification Period), by email to bookings@eliadonati.com;

 

  1. identify the defect in the Services;

  1. allow Us or our nominee to inspect the kitchen equipment at the nominated Delivery address upon our request during ordinary business hours.

  1. The Notification Period may be extended by Us in our sole discretion upon request by a Customer.

  1. Except if and to the extent the law requires otherwise, replacement of Services or refund of purchase price will not be made until your Warranty claim is verified by Us. If a Warranty claim is verified, We will endeavour to make the refund or replacement within 28 days of the completion of such verification.

  1. We will not refund or replace a Service where in our sole and reasonable opinion the Service or the product the subject of the Service has subsequently to Delivery become of unacceptable quality due to misuse, failure to use in accordance with instructions, or failure to take reasonable care.
  1. Limitation of Liability

  1. Except as expressly set out in these Terms and the Australian Consumer Law, We make no warranties or other representations in relation to the supply of Services to the Customer. Our liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.

  1. You acknowledge and agree that:
  1. to the maximum extent permitted by law, We will not be liable to You or any other person under any circumstances for any loss or damage suffered or incurred by the Customer or for any injury or death to any person, or for any indirect, incidental or consequential damages sustained or incurred by the Customer, whether such liability arises directly or indirectly as a result of the supply, performance or use of any Services.

  1. no other term, condition, agreement, warranty, representation or understanding (whether expressed or implied) in any way binding upon Us, other than these Terms, is made or given by or on behalf of Us.

  1. the Customer is solely responsible for making an assessment that any Service  is reasonably fit for the Customer’s intended purpose and required use, and such purpose or required use is in accordance with all applicable laws.
  1. We will endeavour to provide Services to a Customer with due care and skill but does not warrant that any services will be provided without fault or disruption. To the extent allowed by law, We exclude all liability to a Customer or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the Website including, but not limited to, loss or damage a Customer might suffer as a result of:

(a)        errors, mistakes or inaccuracies on the Website;

(b)        a Customer acting, or failing to act, on any information contained on or referred to on the Website and/or any linked website;

(c)        personal injury or property damage of any nature resulting from a Customer’s access to, and use of, the Website;

(e)        any interruption or cessation of transmission to or from the Website;

(f)        any computer bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through the Website by any third party; and

(g)        the merchantability or fitness for any purpose of any product or service of any website linked to or advertised on the Website. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked website or any products or services featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between a Customer and a third party provider of products and services.

  1. Information on the Website

  1. You agree to make your own enquiries to verify information provided and to assess the suitability of the Services before You place a purchase order with Us. We are not responsible for any typographical, technical, or descriptive errors of products on the Website. If We become aware of the existence of such an error We will do all things reasonably necessary to rectify such an error. To the extent permitted by the Australian Consumer Law, We will not be liable to any Customer for any loss or damage arising out of a Customer’s reliance upon any typographical, technical, or descriptive errors of products on the Website.

  1. Links to third party websites

  1. The Website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and We may have no control over the operation of such websites. The existence of these links does not imply that We endorse the linked website, content or resource. You acknowledge that We have not reviewed any of these third party websites, content or resources and are not responsible for the material contained therein.

  1.   Intellectual Property

  1. The Customer’s purchase of a Service does not confer on the Customer any assignment of any Intellectual Property Rights that subsists in any of the Services or any other materials or things created or supplied by Us, and the Customer agrees that it will not assert any rights in, or challenge Our title to, those Intellectual Property Rights.
  2. The Customer shall not re-publish, transfer, copy, reproduce or post on the internet any of Our materials without Our prior written consent.

  1. In addition to any other remedies available to Us under these Terms or otherwise, any unauthorised use, alteration, modification, reproduction, publication, disclosure or transfer of the Intellectual Property Rights will entitle Us to any available statutory or equitable remedy against the Customer.

  1. The copyright in the Website, copy, images, logos, indicia, text, content, and unique method of showcasing products is owned by Us. The domain name www.eliadonati.com or any of the trademarks, logos or other material in which intellectual property rights subsist may not be used in advertising or publicity pertaining to distribution of this information without Our prior written consent.  

  1. Trade marks used on the Website which are owned by third parties are used with express permission and remain the intellectual property of the third party.

  1. You may not modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.

  1. If You correspond or otherwise communicate with Us, You grant to Us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on the Website and developing your ideas and suggestions for improved products or services We provide.

  1. We may request to take photographs of the Services we provide to You, which may include You and your guests. You may agree to allow us to do this in the Booking Form.
  1. Indemnity

  1. You will at all times indemnify, and  agree to keep indemnified, Us and our officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by You or by Us arising from any claim, demand, suit, action or proceeding by any person against You or against Us where such loss or liability arose out of, in connection with or in respect of your conduct, or breach of these Terms, including any costs of enforcement.

  1.  Waiver

  1. If We do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by Us.

  1.  Force majeure

  1. If the performance of Our obligations under these Terms is prevented, restricted or affected by force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment, global pandemic, government mandated lockdowns or any other cause beyond our reasonable control, We will not be liable for any loss or damage suffered by the Customer or any other person and We will endeavour to give the Customer written notice of the force majeure event.

  1. Applicable law

  1. These Terms and any agreement between Us and You will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia.

  1. If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these Terms or any agreement between Us and You, the severed part will not affect the validity and enforceability of any remaining provisions.
  1. Price Information
  1. Please note that any changes made to the service will incur further cost, such as change in menu, venue, number of people, additional dietary requirements/allergies, further requests, additional staff and more.
  2. Amends can be made via email and an amended invoice and a confirmation will be sent to you once the new price is finalised.
  3. Please note that the deposit isn't refundable under any circumstances.
  4. If the total amount for the service is paid in a lump-sum, the deposit equals to 50% of the total amount owed to us for the service.
  5. Additional people can be added up to 36 hours prior to the event, upon request sent via email.
  6. The amount paid towards staff or entertainment is also not refundable.