Ying Thai Catering shall supply Services in accordance with the Quote with due care and skill. We may provide the Services to you using our employees, contractors and third party providers and they are included in these Terms. Suppliers of third party services who are not an employee or our direct contractor (Third Party Services) will be the responsibility of the Client. We are not responsible for the quality of service provided by suppliers of Third Party Services. The Client must make direct arrangements with them. Our Services cover the scope in the Quote. If you request additional services, including but not limited to changes in scope, variations or additional rounds of comments, we have discretion whether to perform this work, or be paid for Services performed to date. If we agree to perform the additional services, then we will inform you of the additional costing. You need to sign off on the variation and costing before we commence work. The additional services will incur additional costs which will be invoiced to you.
In consideration of Ying Thai Catering supplying the Services, the Client agrees that it shall pay Ying Thai Catering the Deposit and price as set out in the Quote (Price). All prices quoted are subject to variation depending on seasonal availability and market price. Notice will be given in writing of changes. Upon deciding you would like Ying Thai Catering to cater your Function, in order to confirm your booking and hold a date, the Client must pay the requested Deposit amount as stated on the Quote within 2 Business Days and at least 20 Business Days before the day of requested service delivery. Until the Deposit is received by Ying Thai Catering, Ying Thai Catering will not guarantee its availability on the date requested by the Client. After the Deposit has been paid, Ying Thai Catering may enter into arrangements with the Client to make regular payments at set intervals. The balance of the full amount payable by the Client must be received (or, for cheques, cleared) by Ying Thai Catering 10 Business Days in advance of each Function. If the Client delays payment of amounts due and owing to Ying Thai Catering, Ying Thai Catering may, in addition to all other rights it has, defer or cancel performance of the Services and charge interest on the overdue amount at the rate of calculated from the date of invoice to the actual date of full and final payment. Final numbers are to be set on the day of the final payment. Additional guests may or may not be accommodated at Ying Thai Catering’s discretion up to twenty-four hours before the Function date. This additional invoice is due and payable within twenty-four hours after the Function (or as agreed between both parties). Payment can be made by cash, EFT, or personal cheque. Direct deposits are also accepted, bank account details below: Bank: Bankwest Account Name: Kanittha Meesanga BSB: XXX XXX Account number: XXX XXX XXX All prices in our catering portfolio are exclusive of GST. For the avoidance of doubt, the Client must pay the amount payable plus GST.
FUNCTIONS, FOOD, BEVERAGES AND PERSONNEL
Ying THai Catering requires its Clients to confirm their menu no later than 15 business days prior to any Function. The Client acknowledges and agrees that the menu may have to be confirmed earlier than 15 business days for any events with over 20 guests and/or weddings. Changes after confirmation will strictly be subject to the approval of Ying Thai Catering. If you have booked your Function at short notice please be aware that all of the menu options may not be available to you. Any added cost of the Function due to last minute changes will be charged to the Client and is payable at the discretion of Ying Thai Catering management. Food and beverages which will be provided at the Function are as agreed between the Parties. Ying Thai Catering does not guarantee that there will be additional food or beverages available. Ying Thai Catering will not take responsibility for food and beverages running out prior to the conclusion of the Function. If certain food products or beverages are unavailable or if our suppliers are out of stock, we may substitute a food item with another food item or beverage. Disorderly, intoxicated persons, minors and those whose behavior is considered by management or Ying Thai Catering Personnel will be refused beverage service. It is the Clients responsibility to ensure orderly conduct of your guests. Ying Thai Catering is fully compliant with NSW food health & safety laws. To avoid any potential health risks, Ying Thai Catering will remove any food that is remaining after a Function, and no food will be left at the Venue. Unless otherwise agreed, all rubbish collected will be left at the Venue. Personnel and their hours at Functions are estimated in accordance with your catering and function requirements. Should our Personnel be required to work beyond the estimated times the additional hours will be invoiced after your Function with payment due immediately. If any of our Personnel are late due to road accidents or other circumstances which are beyond our control, we will make reasonable efforts to inform the Client, using the contact details that you have provided. Ying Thai Catering is not responsible for any costs, damage or inconvenience that occurs, directly or indirectly, to the Client in these circumstances.
CANCELLATION AND TERMINATION
Any cancellation of an event by the client must be notified in writing to Ying Thai Catering as soon as possible. You may email email@example.com. Our cancellation policy is as follows:
- A 25% deposit is required to reserve a date with us. All 25% deposits are non refundable. Once a date is reserved we may not be able to re book.
- A 75% payment is generally due 10 Business Days prior to your event. All payment and deposit are non refundable.
On termination of these Terms you agree to promptly return (where possible), or delete or destroy (where not possible to return), our Confidential Information and Intellectual Property, and/or documents containing or relating to our Confidential Information and Intellectual Property. On termination of these Terms, we agree to promptly return (where possible), or delete or destroy (where not possible to return), your Confidential Information and Intellectual Property, and/or documents containing or relating to your Confidential Information and Intellectual Property. On completion of the Services, we will retain your documents (including copies) as required by law or regularity requirements. Your express or implied agreement to the Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.
You warrant that you will not canvass, employ, induce or attempt to employ, induce, solicit or entice away from us, any employee or contractor that was employed by or contracted to us during the term that we provide Services to you or the prior twelve (12) month period. You warrant that throughout the term of this Agreement that:
- there are no legal restrictions preventing you from agreeing the Terms;
- you will cooperate with us and provide us with information and comply with requirements in a timely manner, as requested by us from time to time, that are reasonably necessary to enable us to perform the Services;
- the information you provide to us is true, correct and complete;
- you will not infringe any third party rights in working with us and receiving the Services;
- you will inform us if you have reasonable concerns relating to our provision of Services under the Terms, with the aim that we and you will use all reasonable efforts to resolve the concerns;
- you are responsible for obtaining any consents, licences and permissions from other parties necessary for the Services to be provided, at your cost, and for providing us with the necessary consents, licences and permissions;
- you consent to the use of your name and Intellectual Property in relation to the Services in a way which may identify you;
- if applicable, you have a valid ABN which has been advised to us; and
- if applicable, you are registered for GST purposes.
You agree to provide information including Intellectual Property to us to enable us to provide the Services. You:
- warrant that you have all necessary rights to provide the Intellectual Property to us;
- grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use the Intellectual Property in any way we require to provide the Services to you; and
- consent to any act or omission which would otherwise constitute an infringement of your Moral Rights.
If you (or any employee or agent) have Moral Rights in any Intellectual Property that you provide to us, you:
- irrevocably consent to any amendment of the Intellectual Property in any manner by us for the purposes of providing Services to you;
- irrevocably consent to us using or applying the Intellectual Property for the purposes of providing Services to you without any attribution of authorship;
- agree that your consent extends to acts and omissions of any of our licensees and successors in title; and
- agree that your consent is a genuine consent under the Copyright Act 1968 (Cth) and has not been induced by duress or any false or misleading statement.
We, including our employees and contractors, agree not to disclose your Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; only to use the Confidential Information for the purpose for which it was disclosed by you and not for any other purpose. You, including your employees and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use the Confidential Information for the purpose for which it was disclosed or provided by us to you, and not for any other purpose. These obligations do not apply to Confidential Information that:
- is authorised to be disclosed;
- is in the public domain and/or is no longer confidential, except as a result of breach of these Terms;
- is received from a third party, except where there has been a breach of confidence; or
- must be disclosed by law or by a regulatory authority including under subpoena.
These obligations will survive termination of these Terms.
FEEDBACK AND COMPLAINTS
If there are any concerns during the function, please speak to any of our Personnel at the Function as soon as possible. Our Personnel will seek to resolve your concerns quickly and effectively. Your feedback is important to us. If you have any feedback or questions about our Services, please contact any member of our staff.
LIMITATION OF LIABILITY AND DISCLAIMERS
ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights). Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights. Except for your Statutory Rights, all material and work is provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose. Services: If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates. Referral: On request by you, we may provide you with contact details of third party specialists. This is not a recommendation by us for you to seek their advice or to use their services. We make no representation or warranty about the third party advice or provision of services, and we disclaim all responsibility and liability for the third party advice or provision of services, or failure to advise or provide services. Liability: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to the Services and this agreement, except those set out in this agreement, including but not limited to:
- implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in the Terms;
- our Services being unavailable; and
- any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, or otherwise, suffered by you or claims made against you, arising out of or in connection with the inability to access or use the Services, and the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage.
You acknowledge and agree that you are responsible for:
- the safekeeping of personal belongings, merchandise and gifts; and
- looking after children and animals, and keeping them away from any hot or potentially dangerous equipment.
Ying Thai Catering is not responsible for and will not accept liability for any loss, harm or damage that occurs to the Client or any of their property or guests, including children or animals, before, during or after the Function. If required, you should arrange your own personal insurance. Any damage, breakage or loss of any equipment supplied by Ying Thai Catering is the responsibility of the client (excluding damage or loss due to Ying Thai Catering staff). Any associated costs with replacing or repairing any damaged, broke or lost equipment, will be payable by the Client upon receipt of an invoice issued by Ying Thai Catering. Ying Thai Catering uses the freshest and best available food and ingredients at all times and according to current food safety legislation. We prepare our food under the most hygienic conditions. No liability is accepted for any latent defect in any product used by us or any loss however arising there from. Clients with food allergy concerns or religious concern must contact Ying Thai Catering by email or phone. Ying Thai Catering may or may not be able to identify ingredients which may cause allergic reactions or violate religious dietary requirements. There is a possibility that manufacturers of the commercial foods that Ying Thai Catering uses could change the formulation at any time without notice. Clients concerned with food allergies need to be aware of this risk. Ying Thai Catering will not assume any liability for adverse reactions to foods consumed. The exclusion and limitation of liability contained in this clause shall apply whether the liability claim is based in contract, tort, and negligence, under statue or on any other legal basis. Delay: Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in this estimated period, which is affected by your delay in response, incomplete or incorrect information. Ying Thai Catering shall not be liable for any delay or failure to supply the Services where such delay or failure is caused by reasons which are outside Ying Thai Catering’s reasonable control including, but not limited to, road accidents, delays caused by the Client, industrial disputes including strikes and lockouts, fires, import restrictions, war, riots, embargoes, acts of God, breakdowns, mechanical failure, transport interruption and power or other utility failures. This clause will survive termination of these Terms.
The Client shall indemnify Ying Thai Catering and its Personnel (the Indemnified) against all liabilities incurred by the Indemnified arising out of an loss of or damage to property and claims by persons in respect of personal injury or death, to the extent the loss, damage, injury or death was caused by an act or omission of the Client and/or attendees of the Function. You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
- any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
- any breach of these Terms; and
- any misuse of the Services from or by you, your employees, contractors or agents.
You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. This clause will survive termination of these Terms.
Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines. Publicity: You consent to us using advertising or publically announcing that we have undertaken work for you. Email:You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer. Relationship of parties: The Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee. Assignment: The Terms is personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent not to be unreasonably withheld). Notices: Any notice required or permitted to be given by either party to the other under these conditions will be in writing addressed to you. Any notice may be sent by standard post or email, and notice will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission. Governing law: In the absence of agreement to the contrary, this Agreement shall be governed by and construed in accordance with the law of the State of New South Wales and the Parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales. Severance: If any provision of the Agreement is held to be invalid or unenforceable by a court of law or other competent authority, that provision shall be severed and all other provisions of the Agreement shall continue in full force and effect. Amendment: No amendment or variation of this Agreement shall be valid or binding unless made in writing and signed by both Parties. Survival: All provisions of this Agreement, which are capable of having effect after the termination of this Agreement, shall remain in full force and effect despite any termination of this Agreement.
In these Terms and Conditions, unless otherwise indicated by the context: Business Day: means Monday to Friday excluding bank or public holidays in New South Wales, Australia. Confidential Information includes confidential information about the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as “confidential”. GST: means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations. Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names. Personnel: means the relevant Party’s officers, employees, contractors and agents. Quote: the document provided to you by Ying Thai Catering entitled ‘quotation’.