Terms of Service

About these terms

These Terms form the basis of our agreement with you unless we have agreed to separate written terms in a signed service agreement. If there is any inconsistency between these Terms and a signed service agreement, the signed service agreement prevails to the extent of the inconsistency.

Our services

We provide hospitality and food services, which may include event catering, mobile and on-site food service, staffed food stalls and beverage service, and related event hospitality support. The specific services, menu, staffing, timings and inclusions for each engagement will be set out in your written quote or service agreement.

Quotes, orders and acceptance

• Quotes we provide are valid for 14 days from the date of issue unless the quote states otherwise.
• An order is accepted, and a binding agreement formed, when you confirm the booking in writing and pay any deposit we have requested or, where no deposit is requested, when we confirm the booking in writing.
• Any variation to an order must be agreed in writing. Variations may affect the quoted price, menu and service details.

Pricing and payment

• All prices are quoted and payable in Australian dollars and are inclusive of Goods and Services Tax (GST) unless otherwise stated.
• Unless your quote states otherwise, a deposit of 30% of the quoted price is required to confirm a booking, and the balance is due within 7 days of the completion of the service or as stated on your invoice.
• We may pass on reasonable additional costs arising from changes you request after confirmation or from factors outside our control that materially affect service requirements.
• If an invoice becomes overdue, we may suspend further services and recover reasonable costs of recovering the overdue amount.

Service delivery and access

• You are responsible for providing safe and suitable access to the venue or site, including adequate space, power and water where agreed, and for obtaining any permissions or permits required for us to provide services at your chosen location.
• We will make reasonable efforts to arrive and set up within the agreed service window. Delays caused by venue access, weather or third parties are not our responsibility, although we will work with you to minimise their impact.
• Equipment, crockery and any hired items remain our property or the property of the relevant hire company and must be returned in the condition agreed.

Cancellations and postponements

• If you cancel a confirmed booking, the deposit may be retained to cover costs already incurred. Further cancellation fees may apply depending on the notice given and the food and staffing commitments already made.
• Postponements are treated as a cancellation of the original booking and the making of a new booking, subject to availability. Where possible, we will credit deposits towards the new date.
• If we cancel or are unable to supply services for reasons within our control, we will refund amounts you have paid for the affected services, subject to your rights under the Australian Consumer Law.

Food safety and allergens

• All food is prepared and handled in accordance with the Australia New Zealand Food Standards Code and applicable Victorian food safety requirements.
• Our kitchens handle a range of ingredients, including gluten, nuts, dairy, eggs, sesame, soy and seafood. While we take reasonable precautions, we cannot guarantee that any item is completely free of traces of allergens.
• You must tell us about allergies, intolerances and dietary requirements before confirming your order. Allergen and dietary information we provide is given in good faith.

Consumer guarantees under Australian law

Nothing in these Terms excludes, restricts or modifies any right, remedy or guarantee that you have under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or under any other law that cannot lawfully be excluded. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For example, you may be entitled to a resupply of the services or to payment of the cost of having the services supplied again if the services are not rendered with due care and skill, and to other remedies at law.

Limitation of liability

To the full extent permitted by law, and subject to the section headed “Consumer guarantees under Australian law”: (a) our total aggregate liability arising out of or in connection with the services is limited to the amounts actually paid by you to us for the relevant services; and (b) we are not liable for any indirect, incidental or consequential loss, including loss of profit, revenue, reputation or enjoyment. This section does not apply to liability that cannot lawfully be limited.

Events beyond our control

We are not liable for failure or delay in performing our obligations to the extent caused by events beyond our reasonable control, including severe weather, natural disasters, public health directions, road closures, utility failures or industrial action. Where possible, we will offer to reschedule the affected services.

Privacy

We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth).

Website use and intellectual property

• Content on this website is provided for general information only and does not constitute an offer capable of acceptance. Menu items and service details are subject to availability and confirmation by quote.
• You must not misuse this website, attempt to gain unauthorised access to it, or use its content in a way that competes with our business.
• Unless otherwise indicated, we own or licence all intellectual property rights in our website content, menus, branding, recipes and materials. You may not reproduce or reuse them without our prior written consent.

Governing law and disputes

These Terms are governed by the laws of Victoria, Australia, and both parties submit to the non-exclusive jurisdiction of the courts of Victoria. If a dispute arises, we ask that you contact us first so we can try to resolve it fairly and quickly.

Changes to these Terms

We may update these Terms from time to time. The current version is always published on this page. The Terms that apply to your engagement are the version in force when your order is accepted.

Contact us

Questions about these Terms may be directed to ceo@takedonlonsdale.site or via our contact page.

Ta-Ke Don Lonsdale Pty Ltd · ABN 80 702 759 877 · Melbourne VIC