Welcome to Goodplate formally Nourish, Sydney!

AGREEMENT

 

Your use of this site and / or other dealings with us are subject to our Terms of Business ("Terms"), including the placement by You of any Order. By using this Site and placing an Order with us, You agree to be bound by and to comply with these Terms.

 

We may amend these Terms from time to time.  Your use of this Site and / or other dealings with is after an updated version of the Terms has been made available on this site indicates Your acceptance of our current Terms.

 

Your Order and these Terms will constitute the entire agreement between You and Us. In the event of any inconsistency between these Terms and Your Order, these Terms will prevail.  Once an Order has been Delivered and been paid for our agreement will terminate.

 

DEFINITIONS

 

"Australian Consumer Law" means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), may be amended from time to time.

 

"Business Day" means a day which is not a Saturday, Sunday or a gazetted public holiday in Sydney, New South Wales.

 

"Content" includes (but is not limited to) the content and material available on this Site.

 

“Delivered” means, in relation to an Order, the physical consignment of Products to You or Your nominated representative, including being left in a previously designated or such other place that we determine to be a reasonable place from which Your or Your representative may subsequently collect them.

 

“Delivery Locations” means the advertised postcode or otherwise designated areas where You may Order Products to be Delivered at the time that you place Your Order. 

 

“Delivery Schedule” means the advertised times that we (or a Third Party Delivery Service) may deliver Products to permitted Delivery Locations advertised by Us and specified by You when placing Your Order.  

 

"Gift Cards" means gift cards advertised and sold by Us.

 

"Goodplate", “The Caterer Sydney”, "We" or "Us" means The Caterer - a Sydney Company Pty Ltd (ABN 93 151 366 988) and its directors, employees and authorised agents where such persons act on behalf of Us in relation to these Terms.  For the avoidance of doubt, Third Party Delivery Services are not our authorised agents, even if they describe themselves as such or wear our staff uniform.

 

“Meals” means food Products prepared and / or packaged by us and ordered by you for human consumption.

 

“Minimum Order” means the specified total Price of Products ordered and delivered together that we may advertise as being the minimum order value that We will agree to sell and deliver to You.

 

"Order" means any order(s) for Meals made by You, whether placed through this Site or through alternative channels or dealings that we may designate for that purpose.

 

"Our Intellectual Property" means all current and future registered and unregistered rights including copyright, designs, recipes, trade marks, trade secrets, know-how, confidential information, patents, invention and discoveries and all other intellectual property of such kind, and including moral rights where applicable.

 

“Price” means the amount in Australian Dollars (including GST, where applicable) that You will pay us for Products that You Order, as advertised on this Site, which may be amended by Us at any time, without notice to You, and at our sole discretion for any reason.  For the avoidance of doubt, the Price may include advertised Delivery charges, Minimum Order charges and any credit card surcharges that You must pay us when placing Your Order. 

 

"Product" means any Meals and / or other goods or services currently advertised for sale by Us on this Site, including any associated packaging, delivery, waiter and kitchen staff, equipment hire and other services that may be associated with Our Meals.

 

"Site" means Our website with the following homepage URL: http://goodplate.com.au/

 

“Third Party Delivery Service” means any person or legal entity that We engage to deliver Meals on commercial terms to You that We do not control.

 

"You" and "Your" mean the person or entity using this Site to place Orders or for any other purpose.

 

OPENING & USING YOUR ACCOUNT

 

You may be required or choose to open and use a customer account with Us, in which case You will be required to provide certain information which may include Personal Information as defined in the Privacy Act 1998 (Cth), as may be amended from time to time.  For further information please refer to our Privacy Policy.

 

You will access Your customer account using Your nominated email address and password. You are responsible for keeping Your account access details safe and not disclosing them to anyone, for any purpose.  You must not maliciously create multiple customer accounts or knowingly provide false customer account information.  We may, at our sole discretion, cancel, suspend or otherwise restrict Your access to Your customer account immediately and without giving any advance notice if we believe that you have contravened these Terms.

 

PLACING & FULFILLING ORDERS

 

All Orders must be placed by You in accordance with our advertised processes.

 

We may permit changes to Your Order after it has been placed and paid for, as described on this Site, at our sole discretion.  You may be required to make an additional payment for any increase in the total Price payable by You because of changes that You make to Your Order.

 

If a Product is not available at the time of fulfilling Your Order, We will contact You and advise You of Your options, including rescheduling, amendment or cancellation of Your Order.  If we are unable to fulfill, reschedule or otherwise satisfactorily amend your order We will refund the Price You have paid Us. 

 

We may at its absolute discretion, replace any Product ordered by You with a reasonably similar alternative.

 

We do not permit ingredient or preparation variations to any advertised Meal and encourage You to exercise due diligence when considering which Meal You wish to Order.

 

ORDERS FOR RESALE

 

We reserve the right to refuse supply to You or your designated recipient if We determine, at our sole discretion, that You are ordering Our Products with the intention of reselling them.

 

MINIMUM ORDERS

 

We may vary advertised Minimum Order values at any time at our sole discretion and without notice to You.  We may agree to accept Orders below advertised Minimum Order values subject to the payment of an additional Minimum Order fee to increase the total Price payable by You to an amount equivalent to the advertised Minimum Order value.

 

DELIVERIES

 

We may deliver Your Order ourselves or engage a Third Party Delivery Service to do so.

 

We will deliver Your Order in accordance with the Delivery Schedule available to and selected by You when placing Your Order.  If, for whatever reason, we are unable to deliver Your Order in accordance with that Delivery Schedule, We will contact You and discuss alternative arrangements.

 

If Your nominated delivery address is within an apartment, townhouse or another type of secured building complex ("Secured Building") You must provide us with an electronic access code, instructions or such other means as may be required by Us or by a Third Party Delivery Service to enter the Secured Building when placing Your Order.  Failure to do so may result in Your Order being delivered by being placed in a location that We (or Our Third party Delivery Service) determine at that time and place to be the safest location available.

 

We may charge advertised Delivery fees depending on Your delivery location, Your Order value or such other reason that We may determine to be reasonable, in our sole discretion.

 

We will not be responsible for spoilage or other loss (including theft) of delivered Products once we have delivered them to You.  It is Your responsibility to ensure that You will receive or otherwise collect the delivered Products and safely store them within a safe interval commencing at the beginning of the specified Delivery Schedule. 

 

We reserve the right to suspend or vary deliveries if We or Our Third Party Delivery Service determine that it is not safe for our employees or contractors.  In such cases We will contact You to make alternative arrangements.

 

We will not tolerate personal threats or abuse directed by You or any of Your associates towards Our employees or contractors at any time, and reserve the right to refuse Orders that have not been fulfilled or to discontinue Delivery without giving You a refund or other compensation in such circumstances.

 

GIFT CARDS

 

We may advertise Gift Cards for sale that may be delivered in tangible or electronic form.  Gift Cards may be purchased for specified monetary values and redeemed by any person identified by You as the recipient.  We may, at our sole discretion, charge an advertised fee in addition to the specified monetary value of a Gift Card.

 

For the avoidance of doubt, the purchase of a Gift Card does not constitute the placement of an Order.

 

Gift Cards may only be used as valuable consideration when placing an Order with Us.  Unused Gift Cards (or portions thereof) are not redeemable for refunds or payments of any monies by Us to You or any other person.  We are not responsible for verifying the identity of the redeemer and accept no liability to You or any other person for the usage of a Gift Card by a person other than You or Your intended recipient. 

 

PAYMENTS

 

The total Price of Your Order or purchase of Gift Cards must be paid in full before we deliver Your Order, unless you are a commercial business or similar enterprise, in which case we may agree to provide you with specific credit terms.

 

All payments for Orders (other than those where we agree to provide You with credit terms) must be made when You place Your Order on this Site using a credit or debit card that is accepted by our designated third party card payment provider, who will be responsible for the secure processing of your payment using the card information provided by you directly to them.  For the avoidance of doubt, we will not view or retain any sensitive information relating to the  card that You use to pay for Your Order.

 

We reserve the right to charge advertised card payment surcharges that comply with applicable laws and regulations.

 

We will provide You with a Tax Invoice if GST is payable on Your Order.

 

INTELLECTUAL PROPERTY

 

You acknowledge that this Site and all of Our Content belongs exclusively to Us or its licensors, unless otherwise expressly stated, and that Our Intellectual Property is protected by copyright, trade mark or other intellectual property rights and laws, as may apply.

 

You must not otherwise use, reproduce, modify, distribute, publish, store, transmit, commercially exploit, modify or create any derivative works from Our Content in whole or in part, or encourage, allow or assist any other person to do so.

 

EXTERNAL WEBSITES

 

This Site may contain links or references to other web pages operated by third parties which are not under Our control.  We accept no responsibility for the contents of any third party web pages or any direct or indirect losses that you may suffer, for any reason, in connection with your usage of those web pages or your dealings with third parties.

 

FORCE MAJEURE

 

We will not be liable to fulfil an Order where a “Force Majeure” event (including but not limited to acts of war, terrorism, civil unrest, outbreaks of disease, natural disasters, industrial action, loss of key staff or production equipment or supplies and actions of governments or regulators adversely affecting that Party's operations) prevents Us from fulfilling our obligations to You.  In such circumstances We will contact You to make alternative arrangements, including refunding the Price already paid by You for the Order if necessary.

 

WARRANTIES & DISCLAIMERS

 

By placing an Order with Us, You warrant that You have legal capacity to enter into this Agreement.

 

Our Meals are prepared using reasonable care and labelled with a “best before” or “use by” date and storage / serving guidelines, depending on their nature, however we are not responsible under any circumstances for Your Meal storage and serving conditions, practices and equipment.

 

We may advertise that Meals include ingredients that are sourced from specific places or suppliers.  If We are unable to source those advertised ingredients We reserve the right to use ingredients of similar or better quality at our sole discretion.

 

Our Meals are prepared in a kitchen which may contain eggs, fish, milk, peanuts, sesame, crustaceans, soy, nuts, tree nuts, gluten, lupin, sulphites and other potential allergens.  You acknowledge by placing Your Order that inadvertent cross-contamination may occur, that We cannot guarantee the complete absence of allergens and that We are not liable to You for any illness, injury or damage that You or any other consumer of Our Meals may experience as a consequence of consuming or coming into contact with an allergen.

 

To the extent permitted by applicable law, We disclaim responsibility for allergic reactions caused by Your or any other person’s consumption of Our Meals and for any damage suffered by any person as a direct or indirect consequence of consuming Our Meals or using any of Our Products, including Delivery services provided by Us or by Third Party Delivery Services.

 

For the avoidance of doubt, use of this Site and its Content by You and consumption of Meals is at Your own risk, subject only to statutory protections.

 

We will make reasonable efforts to ensure that the Content provided on the Site is up to date, however, We do not warrant or represent that the Content is free from human or mechanical error, technical inaccuracies or similar mistakes, errors or defects.

 

By placing an Order, You acknowledge that we have adequately informed You regarding the nature of the Products listed on this Site, including the primary ingredients included in Meals.

 

We reserve the right to vary, modify, change or discontinue Our Products, Prices, Business Days and / or Delivery Schedule, without notice and without liability to you for any reason.

 

CONSUMER GUARANTEES, REFUNDS AND CLAIMS

 

You have certain rights under the Australian Consumer Law and similar NSW legislation, including consumer guarantees, which cannot be excluded at law.  These Terms do not exclude or limit Your statutory rights.  However, to the extent permitted by law, Our liability in relation to such rights is limited to the replacement or resupply of Products, the payment of a refund or the cost of replacement or resupply by a third party designated or approved by Us.  Refunds may be applied by Us as credits on Your customer account unless You specifically request a repayment.

 

Refunds will only be issued to the extent required by the Australian Consumer Law and the Sale of Goods Act 1923 (NSW) and may take up to 28 days to process.  Delivery and Minimum Order charges are non-refundable.

 

All complaints regarding our Products must be provided in writing to the contact e-mail address nominated on this Site and supported by relevant evidence where available, eg by contacting us to arrange the return and inspection of disputed Products.  We will take reasonable steps to investigate Your complaint and determine the appropriate response. 

 

NON-DISPARAGEMENT

 

You must not make maliciously disparaging comments about Us to third persons or in public forums and acknowledge that We may suffer loss as a consequence of such acts that may result in You becoming liable to Us for compensation for damages.

 

For the avoidance of doubt, You may make fair comments to third parties about the quality of our Products and Our business dealings with You, provided that you do not intend to cause us loss or damage and you do not engage in intentionally harmful, deceptive or misleading conduct.

 

GENERAL

 

In these Terms, unless the context requires otherwise, the singular includes the plural and the plural includes the singular and a reference to a gender is a reference to any gender.

 

If a provision (or part) of these Terms is held to be unenforceable or invalid, then it will be restated as narrowly as possible to make it enforceable or valid.

 

These Terms are between You and Us to the exclusion of all other persons.  Nothing in these Terms shall confer on any third party any benefit or the right to enforce any provisions of these Terms.

 

We may assign Our rights and obligations under these Terms at our sole discretion to another entity that is controlled by the persons that control Us, provided that the assignee has at least equivalent capacity to fulfil those obligations to You. 

 

All disputes regarding the agreement between You and Us will be addressed through negotiation in good faith before proceeding (in order) to mediation, arbitration or legal action.  All legal proceedings must be taken in the state of NSW.

 

Headings in these Terms are for convenience only.