If the Customer uses the Website, the Customer accepts these terms and conditions.
1. Scope of Terms & Conditions
1.1 Within this document of terms and conditions any context where "Cafe or Provider" is mentioned refers to any provider of catering products or general services using the Company as its online services and payments agent.
1.2 Within this document of terms and conditions any context where "The Company" is mentioned refers to eCater Pty Ltd and any related entity as defined in the Corporations Law.
1.3 Within this document of terms and conditions any context where "The Customer" or "Customer" is mentioned refers to registered users using eCater’s services.
1.4 Corporations Law” means the Corporations Act 2001 (Cth).
1.5 Website” means the whole or any part of the web pages located at www.ecater.com.au and any deviation of this web page address.
2.1 The Company reserves the right to amend these Account Terms and Conditions at any time.
2.2 The Company does not guarantee that the Website is free from errors or faults.The Company will, however, make reasonable efforts to ensure the information on its Website is accurate.
2.3 The Company does not accept any liability for any errors or omissions and reserves the right to change information published on the Website at any time.
2.4 The Company makes no warranty or representation about the fitness or quality of any product or service provided by any Cafe or Provider.
2.5 The Customer acknowledges that no representations have been made by the Company or on its behalf, which have induced the Customer to enter into this agreement.
3.1 The Customer acknowledges that the Company is acting as disclosed agent for each of the Cafe or Provider listed on the Website.
3.2 The Customer acknowledges that in each case notwithstanding that the use of the Website is governed by the Terms and Conditions the contract for purchase of product is between the Customer and the Cafe or Provider.
3.3 Each order in addition to these Account Terms and Conditions is subject to the Cafe Providers terms and conditions (if any) and the Customer must read them before proceeding with an Order.
4.1 Each Customer must be at least 18 years of age if a natural person.
5. Customer's Payment Terms
5.1 By Registering with Ecater the Customer agrees that they also register their preferred method of payment.
5.2 Whether registering as a Business or Private user, The Customer agrees to pay for all amounts outstanding via credit card, account (if approved) or direct debit.
5.3 If The Customer has an account 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 emailed to your chosen billing address the first week of each month.
Late Payments", payments not received within 7 days from the date on the statement will incur a 10% monthly administration fee and suspension of account services.
6. Payment Methods
6.1 Customer payments shall be effected on placing an order via credit card through the secure 128-bit SSL encrypted online merchant facility.
6.2 The Customer's account will be credited from the date a payment is received by the Company if received via EFT.
6.3 Where the Customer pays by cheque the Customer's account will be credited by the amount of the cheque payment when the cheque is cleared.
6.4 eCater accepts MasterCard, Visa, American Express and Diners Club cards.
6.5 The amount debited will be the amount shown on our booking page prior to you clicking the “Pay Now” button on that page.
6.6 The Customer acknowledges that the amount confirmed on the customer order page total is sufficient evidence of the purchase.
7. Customer’s Account Liability
7.1 The Customer acknowledges that it shall be solely responsible for and bear all risk associated with the Customer's account including implementing and maintaining a system of password protection. Should any misuse or unauthorised use of the Customer's business account occur the Customer agrees to indemnify The Company against any loss, expense or claim thereby arising.
8.Limitation of Liability and Disclaimer
8.1 To the extent permitted by law, the Company will have no responsibility or liability for:
(a) Any refusal by a Cafe or Provider or any other person to supply the catering or service the Customer seeks to purchase using the Customer's account, regardless of the reason for that refusal.
(b) Any deficiency or defect in the goods or service purchased by the Customer, including any deficiency in the product's fitness for purpose or merchantability.
(c) Any claims for damages including but not limited to claims relating to the use or misuse of The Customer's account or the direct debiting of The Customer's bank account.
8.2 To the fullest extent permitted by Law, the Company is not liable to the Customer or any other for any loss in connection with the use of this Website or a linked Website.This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
8.3 To the fullest extent permitted by Law, the Company is not under any circumstances liable for any indirect, special and/or consequential damages or loss of profits whatsoever which result from any use of, or any inability to use or access this Website.
9. Risk in Product
9.1 Catering and goods purchased by the Customer from the Cafe/Provider will be at The Customer's risk upon delivery to The Customer, their specified agent, place of delivery or into The Customer's custody.
10. Customer Information and Credit Checks
10.1 The Customer hereby agrees that the Company may seek such consumer information as The Company considers relevant or necessary for the purpose of assessing the Customer's account application.
10.2 The Customer also agrees that The Company may give to and seek from any account providers named in the account application information about the Customer's account arrangements and upkeep.
11. Change of Circumstances
11.1 The Customer undertakes to notify The Company quickly of any change in the Customer's name, credit card details including updating validity dates, address, email, fax or telephone number.
12. Order Terms
12.1 Confirmation of Your Order
Finalising your order online constitutes a confirmation of your order. The order will be picked up or delivered according to the time window and date selected and confirmed. The order will arrive within a window of your desired delivery time.
12.2 Order Cancellation
eCater will accept cancellation of orders within the Cafe/Providers Individual Terms detailed on their home page. Usually there will be no charges as long as the order is cancelled within the time window prescribed and before foods have been prepared for delivery.If the Customer does not cancel an order within these Terms the Customer will be charged the full amount of the Order.
12.3 Refunds of paid orders. You can choose either a refund or a credit to your account, as long as the order is cancelled within the minimum time parameters specified by the Cafe/Provider and before the food is made.
12.4 Pricing Information. Menu prices include GST. The 10% Goods and Services Tax is added only to those menu items that incur GST at the time of purchase. Cafes and other Service providers may alter their prices at any time according to raw ingredient and wholesale price changes and market fluctuations.
12.5 Changing Orders. Orders can easily be changed or modified by logging into your order on your account page and make any changes you require. Changes can only be made within the time frames prescribed by the Cafes/Providers standard requirements listed on their home page.
12.6 Problems with your order. The Company tries to settle any issues or complains quickly and fairly. In the event your order was not completely fulfilled or not to the standard specified, please contact eCater immediately on 1300ECATER or email@example.com
. Ecater is unable to provide adjustments to your account if not notified immediately.
These terms and conditions may be altered by the Company from time to time and the Customer acknowledges that it will regularly check online for amendments.The Customer agrees to the amended terms and conditions from time to time, by the Customers continued use of the website.
The Customer acknowledges that it may not assign any of its rights or interests arising under or pursuant to this agreement to a third party other than with the prior written consent of the Company.Such consent is in the sole discretion of the Company.
(a)Any waiver by the Company of any provision of these Terms and Conditions is ineffective unless it is in writing and signed by the Company.
(b) A waiver by the Company in respect of a breach of a provision of these Terms and Conditions by the Customer is not a waiver in respect of any other breach of that or any other provision.
(c) The failure of the Company to enforce at any time any of the provisions of this Agreement must not be interpreted as a waiver of such provision.
13.4 The terms and conditions contained herein and published from time to time on the website constitute the entire agreement between the parties and no amendment or variation shall be of any force and effect (other than amendments on the website from time to time) unless in writing and signed by both the Company and the Customer.
14.1 The Customer acknowledges that the Company may terminate this Agreement, close the Customer's business account, and require immediate payment in full of the outstanding balance on the Customer's business account where:
(a) The Customer fails to pay the amount specified in the Statement of Account by the due date for payment as specified in the Statement of Account.
(b) The Customer breaches any of the terms of this agreement or of any other contract between the Customer and the Company;
(c) The Company in its absolute discretion considers that there has been a material adverse change in the Customers financial circumstances;
(d) The Customer:
(i) not being a company either dies, ceases to be of full legal capacity, commits an act of Bankruptcy, a sequestration order is made against the Customer or the Customer enters into any arrangement with Creditors under the Bankruptcy Act; or
(ii) if a partnership, is dissolved or any individual of the partnership commits any act or thing set out in clause (i) above;
(iii) if the Customer is a company:
(A) stops or suspends or threatens to stop or suspend payment as provided for under this agreement;
(B) is insolvent within the meaning of the Corporations Law;
(C) a court is required by reason of the Corporations Law to presume that the Customer is insolvent;
(D) an administrator is appointed over all or any of its assets of any of the Customer or an undertaking or any steps preliminary to the appointment of an administrator is taken to the Customer;
(E) a controller within the meaning of the Corporations Law or a similar officer is appointed to all or any of the assets or undertakings of the Customers; or
(F) an order is made or a resolution is passed for the Customer's winding up or dissolution or for it to enter an arrangement, comprise or composition with or assignment for the benefit of its creditors, a class of them or any of them.
16. Intellectual Property
16.1 The Customer acknowledges that the Trade Marks, images, graphics, logos, button icons, audio clips, digital downloads, data compilations, content and software on the Website is the property of the Company or Cafe or Provider and is protected by the Intellectual Property Laws of Australia.
16.2 The Customer must not copy, save or use in any format other than as incidental to the Customer’s permitted use of the Website any of the Intellectual Property on the Website.
17. Governing Law
17.1 The Account Terms and Conditions are governed by the Laws of New South Wales, Australia.
17.2 The Customer hereby irrevocably submits to the Courts of New South Wales, Australia.