1. Definitions

 

1.1 “Supplier” means Menu Technology Pty Ltd (ABN 14 630 525 709), its successors and assigns or any person acting on behalf of and with the authority of Menu Technology Pty Ltd.

 

1.2 “Customer” means the person/s or any person acting on behalf of and with the authority of the Customer requesting the Supplier to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:

 

(a) if there is more than one Customer, is a reference to each Customer jointly and severally; and

 

(b) if the Customer is a part of a Trust, shall be bound in their capacity as a trustee; and

 

(c) includes the Customer’s executors, administrators, successors and permitted assigns.

 

1.3 “Goods” means all Goods or Services supplied by the Supplier to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).

 

1.4 “Third Party Provider” means a third party unrelated to the Supplier that supplies and/or provides the Third Party’s Offerings. The Supplier (where applicable) will supply Promotion Codes in conjunction with the Third Party Provider.

 

1.5 “Third Party Offerings” shall mean the Promotion Codes, Goods and/or Services (where the context so permits the terms ‘Promotion Codes”, ‘Goods’ or ‘Services’ shall be interchangeable for the other) to be supplied and/or provided by the Third Party Provider to the Customer, as specified on the Supplier’s Website and/or as part thereof, the Promotion Codes.

 

1.6 “Promotion Codes” means redemption of Promotion Codes (“Promo Codes”) in physical or electronic form, which entitles the holder of such Promo Codes (the “Customer”) to receive the Third Party Offerings from the Third Party Provider during the period of time stated on the Promo Codes (the “Redemption Period”).

 

1.7 “Events” are any events, functions, activities, or resources to which the Supplier is authorised to sell or provide access.

 

1.8 “Event Content” means any information, images and other content posted using the website platform by the Supplier related to Events.

 

1.9 “Event Page” means a webpage created that includes Event Content, terms and conditions for purchase, registration and a ticket booking functionality that is accessed via the website.

 

1.10 “Fine Print” means the conditions and restrictions concerning Promo Codes redemption and the Third Party Offerings stated on the Website and Promo Codes.

 

1.11 “Offer Period” means the period during which the Supplier will advertise:

 

(a) the Promo Codes on the Website, as specified by the Third Party Provider; or

 

(b) a Discount on the Website, as specified by the Third Party Provider.

 

1.12 “Website” means a location which is accessible on the Internet through the World Wide Web and which provides multimedia content via a graphical User Interface.

 

1.13 “Price” means the Price payable (plus any GST where applicable) for the Goods as agreed between the Supplier and the Customer in accordance with clause 5 below.

 

1.14 “GST” means Goods and Services Tax (GST) as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).

 

2. Acceptance

 

2.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of the Goods.

 

2.2 These terms and conditions may only be amended with the consent of both parties in writing, and shall prevail to the extent of any inconsistency with any other document or contract between the Customer and the Supplier.

 

2.3 The Customer acknowledges that the supply of Goods on credit shall not take effect until the Customer has completed a credit application with the Supplier and it has been approved with a credit limit established for the account.

 

2.4 In the event that the supply of Goods request exceeds the Customers credit limit and/or the account exceeds the payment terms, the Supplier reserves the right to refuse delivery.

 

2.5 These terms and conditions are to be read in conjunction with the Supplier’s Website Terms of Use. If there are any inconsistencies between the two documents then the terms and conditions contained in this document shall prevail.

 

2.6 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 14 of the Electronic Transactions (Queensland) Act 2001 or any other applicable provisions of that Act or any Regulations referred to in that Act.

 

3. Errors and Omissions

 

3.1 The Customer acknowledges and accepts that the Supplier shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):

 

(a) resulting from an inadvertent mistake made by the Supplier in the formation and/or administration of this contract; and/or

 

(b) contained in/omitted from any literature (hard copy and/or electronic) supplied by the Supplier in respect of the Services.

 

3.2 In the event such an error and/or omission occurs in accordance with clause 3.1, and is not attributable to the negligence and/or wilful misconduct of the Supplier; the Customer shall not be entitled to treat this contract as repudiated nor render it invalid.

 

4. Change in Control

 

4.1 The Customer shall give the Supplier not less than seven (7) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, or business practice). The Customer shall be liable for any loss incurred by the Supplier as a result of the Customer’s failure to comply with this clause.

 

4.2 The Supplier shall reserve the right to halt the Services until confirmation of the Customer’s details is received by the Supplier.

 

5. Price and Payment

 

5.1 At the Supplier’s sole discretion, the Price shall be either:

 

(a) as indicated on any invoice provided by the Supplier to the Customer; or

 

(b) the Price as at the date of delivery of the Goods according to the Supplier’s current price list; or

 

(c) the Supplier’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.

 

5.2 The Supplier reserves the right to change the Price if a variation to the Supplier’s quotation is requested.  Any variation from the plan of scheduled Services or specifications of the Goods (including, but not limited to, any variation as a result of fluctuations in currency exchange rates or increases to the Supplier in the cost of taxes, levies, freight and insurance charges, materials and labour, or delays in shipment etc.)  will be charged for on the basis of the Supplier’s quotation, and will be detailed in writing, and shown as variations on the Supplier’s invoice. The Customer shall be required to respond to any variation submitted by the Supplier within ten (10) working days.  Failure to do so will entitle the Supplier to add the cost of the variation to the Price.  Payment for all variations must be made in full at the time of their completion.

 

5.3 At the Supplier’s sole discretion, a non-refundable deposit may be required.

 

5.4 Time for payment for the Goods being of the essence, the Price will be payable by the Customer on the date/s determined by the Supplier, which may be:

 

(a) on delivery of the Goods;

 

(b) before delivery of the Goods;

 

(c) by way of instalments/progress payments in accordance with the Supplier’s payment schedule;

 

(d) twenty-eight (28) days following the end of the month in which a statement is posted to the Customer’s address or address for notices;

 

(e) the date specified on any invoice or other form as being the date for payment; or

 

(f) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by the Supplier.

 

5.5 Unless otherwise stated, a trade discount shall be included in the quoted Price; however such discount shall become null and void, if payment is not made by the due date stated on the invoice and/or statement. In such an event of late payment the Supplier reserves the right to vary the Price where any discounts or special prices are revoked.

 

5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, PayPal Unionpay, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Customer and the Supplier.

 

5.7 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by the Supplier nor to withhold payment of any invoice because part of that invoice is in dispute.

 

5.8 Unless otherwise stated the Price does not include GST. In addition to the Price the Customer must pay to the Supplier an amount equal to any GST the Supplier must pay for any supply by the Supplier under this or any other contract for the sale of the Goods. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition, the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

 

6. On-Line Ordering

 

6.1 The Customer acknowledges and agrees that:

 

(a) the Supplier does not guarantee the website’s performance;

 

(b) display on the website does not guarantee the availability of any particular Goods; therefore, all orders placed through the website shall be subject to confirmation of acceptance by the Supplier

 

(c) on-line ordering may be unavailable from time to time for regularly scheduled maintenance and/or upgrades;

 

(d) there are inherent hazards in electronic distribution, and as such the Supplier cannot warrant against delays or errors in transmitting data between the Customer and the Supplier including orders, and you agree that to the maximum extent permitted by law, the Supplier will not be liable for any losses which the Customer suffers as a result of online-ordering not being available or for delays or errors in transmitting orders;

 

(e) when making a transaction through the website, the Customer’s information will pass through a secure server using SSL (secure sockets layer) encryption technology. The encryption process ensures that the Customer’s information cannot be read by or altered by outside influences;

 

(f) if the Customer is not the cardholder for any credit card being used to pay for the Goods, the Supplier shall be entitled to reasonably assume that the Customer has received permission from the cardholder for use of the credit card for the transaction.

 

6.2 The Third Party will indemnify the Supplier against all costs (including contract default fees and legal costs on a solicitor client basis), losses, damages and expenses incurred by the Supplier arising out of or in connection with the Third Party’s failure to honour the Third Party’s Offerings.

 

6.3 The Supplier reserves the right to terminate the Customer’s order and/or the Third Party’s Promotional Codes, if it learns that either party have provided false or misleading information, interfered with other users or the administration of the Supplier’s business, or violated these terms and conditions.

 

7. Delivery of Goods

 

7.1 Delivery (“Delivery”) of the Goods is taken to occur at the time that:

 

(a) the Customer or the Customer’s nominated carrier takes possession of the Goods at the Supplier’s address; or

 

(b) the Supplier (or the Supplier’s nominated carrier) delivers the Goods to the Customer’s nominated address even if the Customer is not present at the address.

 

7.2 At the Supplier’s sole discretion, the cost of delivery is either included in the Price or is in addition to the Price.

 

7.3 Any time specified by the Supplier for delivery of the Goods is an estimate only. The Customer must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. The Supplier will not be liable for any loss or damage incurred by the Customer as a result of delivery being late. In the event that the Customer is unable to take delivery of the Goods as arranged then the Supplier shall be entitled to charge a reasonable fee for redelivery and/or storage.

 

8. Reimbursable Expenses and/or Refunds

 

8.1 The Supplier shall be reimbursed for all expenses reasonably and properly incurred in connection with the provision of the Services, except where such expenses are specifically stated in the quotation, or in writing by the Supplier, as being non-reimbursable. All reimbursable expenses (e.g. communications, postage or couriers costs, etc.) will be charged at the cost involved (excluding GST) to the Supplier, plus an administration fee of ten percent (10%) thereof.

 

8.2 In the case of fully cancelled Events by the Third Party, the Supplier will batch a refund to all online or mobile device bookings in full, including booking fees. At the Supplier’s sole discretion, the Supplier will charge the Third Party the following administration fees for cancelled events:

 

(a) Less than 10 tickets sold : no charge;

 

(b) 10 – 100 tickets sold : $100;

 

(c) 100+ tickets sold : $250; or

 

(d) full refunds to Customers for cancelled Events in excess of 200 tickets sold and which were subject to booking fees, the Supplier reserves the right to pass on the total loss for said booking fees to the Third Party, unless otherwise agreed.

 

8.3 In the case of postponed, delayed or date changed events, all ticket sales prior to notification of such change will be fully refundable if a request is received from the Third Party or the ticket purchaser to make a refund.

 

8.4 In the case of a change in advertised events, all ticket sales prior to the notification will be entitled to a refund, unless the terms and conditions of sale exclude such a refund. In all cases where refunds are requested by the Customer and the Third Party excludes or prevents such refund, and the Customer undertakes a chargeback through their credit card supplier or bank, the Third Party shall be liable for the chargeback to the Supplier.

 

9. Risk

 

9.1 Risk of damage to or loss of the Goods passes to the Customer on Delivery (regardless of whether the nominated transport is provided by the Supplier or the Customer) and the Customer must insure the Goods on or before Delivery.

 

9.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, the Supplier is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Supplier is sufficient evidence of the Supplier’s rights to receive the insurance proceeds without the need for any person dealing with the Supplier to make further enquiries.

 

9.3 If the Customer requests the Supplier to leave Goods outside the Supplier’s premises for collection or to deliver the Goods to an unattended location, then such Goods shall be left at the Customer’s sole risk.

 

10. Compliance of Law

 

10.1 The Supplier warrants that Goods processed on its registered premises, and supplied to all Customers, shall meet all safety regulations and standards as defined by the Hazard Analysis and Critical Control Points (HACCP), Food Safety Programme, and is eminently suitable for public consumption and thereby compliant with the Australia New Zealand Food Standards Code.

 

10.2 The Customer accepts and acknowledges that all Goods (meals) are subject to availability. The Supplier’s Third Party Providers may offer alternative options for any meal, it cannot provide at the time of placing an order.

 

10.3 Notwithstanding clause 10.2, the Supplier does not accept any liability in the event where a Third Party Provider supplies meals that may contain nuts (or any other known ingredient that could cause an allergic reaction) in the preparation of certain meals. The Supplier cannot guarantee that any of the meals sold by their associated Third Party Provider will be free of any allergens. Therefore, it is imperative that the Customer makes all necessary checks prior to placing an order with the Third Party Provider where there is the possibility of issues concerning allergies.

 

10.4 Any alleged claims of contamination, accidental inclusion or food borne illnesses must be reported to the Supplier management in writing as soon as reasonable practicable. The Supplier reserves the right to inspect any items attributed to the claim and have the items tested by an independent laboratory before any public claims, statements or dissemination of information in any format including social media.

 

11. Title

 

11.1 The Supplier and the Customer agree that ownership of the Goods shall not pass until:

 

(a) the Customer has paid the Supplier all amounts owing to the Supplier; and

 

(b) the Customer has met all of its other obligations to the Supplier.

 

11.2 Receipt by the Supplier of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.

 

11.3 It is further agreed that, until ownership of the Goods passes to the Customer in accordance with clause 11.1:

 

(a) the Customer is only a bailee of the Goods and must return the Goods to the Supplier on request.

 

(b) the Customer holds the benefit of the Customer’s insurance of the Goods on trust for the Supplier and must pay to the Supplier the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.

 

(c) the Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Goods then the Customer must hold the proceeds of any such act on trust for the Supplier and must pay or deliver the proceeds to the Supplier on demand.

 

(d) the Customer should not convert or process the Goods or intermix them with other goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of the Supplier and must sell, dispose of or return the resulting product to the Supplier as it so directs.

 

(e) the Customer irrevocably authorises the Supplier to enter any premises where the Supplier believes the Goods are kept and recover possession of the Goods.

 

(f) the Supplier may recover possession of any Goods in transit whether or not delivery has occurred.

 

(g) the Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of the Supplier.

 

(h) the Supplier may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Customer.

 

12. Personal Property Securities Act 2009 (“PPSA”)

 

12.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.

 

12.2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods and/or collateral (account) – being a monetary obligation of the Customer to the Supplier for Services – that have previously been supplied and that will be supplied in the future by the Supplier to the Customer.

 

12.3 The Customer undertakes to:

 

(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Supplier may reasonably require to;

 

(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;

 

(ii) register any other document required to be registered by the PPSA; or

 

(iii) correct a defect in a statement referred to in clause 12.3(a)(i) or 12.3(a)(ii);

 

(b) indemnify, and upon demand reimburse, the Supplier for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;

 

(c) not register a financing change statement in respect of a security interest without the prior written consent of the Supplier;

 

(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral (account) in favour of a third party without the prior written consent of the Supplier;

 

(e) immediately advise the Supplier of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.

 

12.4 The Supplier and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.

 

12.5 The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

 

12.6 The Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

 

12.7 Unless otherwise agreed to in writing by the Supplier, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.

 

12.8 The Customer must unconditionally ratify any actions taken by the Supplier under clauses 12.3 to 12.5.

 

12.9 Subject to any express provisions to the contrary (including those contained in this clause 12) nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

 

13. Security and Charge

 

13.1 In consideration of the Supplier agreeing to supply the Goods, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

 

13.2 The Customer indemnifies the Supplier from and against all the Supplier’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Supplier’s rights under this clause.

 

13.3 The Customer irrevocably appoints the Supplier and each director of the Supplier as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 13 including, but not limited to, signing any document on the Customer’s behalf.

 

14. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

 

14.1 The Customer must inspect the Goods on delivery and must within seven (7) days of delivery notify the Supplier in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Customer must allow the Supplier to inspect the Goods.

 

14.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).

 

14.3 The Supplier acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

 

14.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Supplier makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. The Supplier’s liability in respect of these warranties is limited to the fullest extent permitted by law.

 

14.5 If the Customer is a consumer within the meaning of the CCA, the Supplier’s liability is limited to the extent permitted by section 64A of Schedule 2.

 

14.6 If the Supplier is required to replace the Goods under this clause or the CCA, but is unable to do so, the Supplier may refund any money the Customer has paid for the Goods.

 

14.7 If the Customer is not a consumer within the meaning of the CCA, the Supplier’s liability for any defect or damage in the Goods is:

 

(a) limited to the value of any express warranty or warranty card provided to the Customer by the Supplier at the Supplier’s sole discretion;

 

(b) limited to any warranty to which the Supplier is entitled, if the Supplier did not manufacture the Goods;

 

(c) otherwise negated absolutely.

 

14.8 Subject to this clause 14, returns will only be accepted provided that:

 

(a) the Customer has complied with the provisions of clause 14.1; and

 

(b) the Supplier has agreed that the Goods are defective; and

 

(c) the Goods are returned within a reasonable time at the Customer’s cost (if that cost is not significant); and

 

(d) the Goods are returned in as close a condition to that in which they were delivered as is possible.

 

14.9 Notwithstanding clauses 14.1 to 14.8 but subject to the CCA, the Supplier shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:

 

(a) the Customer failing to properly maintain or store any Goods;

 

(b) the Customer using the Goods for any purpose other than that for which they were designed;

 

(c) the Customer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;

 

(d) the Customer failing to follow any instructions or guidelines provided by the Supplier;

 

(e) fair wear and tear, any accident, or act of God.

 

14.10 Notwithstanding anything contained in this clause if the Supplier is required by a law to accept a return then the Supplier will only accept a return on the conditions imposed by that law.

 

14.11 Subject to clause 14.1, customised, or non-stocklist items or Incidental Items made or ordered to the Customer’s specifications are not acceptable for credit or return.

 

15. Intellectual Property

 

15.1 Where the Supplier has designed, drawn or developed Goods for the Customer, then the copyright in any designs and drawings and documents shall remain the property of the Supplier.  Under no circumstances may such designs, drawings and documents be used without the express written approval of the Supplier.

 

15.2 The Customer warrants that all designs, specifications or instructions given to the Supplier will not cause the Supplier to infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer agrees to indemnify the Supplier against any action taken by a third party against the Supplier in respect of any such infringement.

 

15.3 The Customer agrees that the Supplier may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which the Supplier has created for the Customer.

 

16. Default and Consequences of Default

 

16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

 

16.2 If the Customer owes the Supplier any money the Customer shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Supplier’s contract default fee, and bank dishonour fees).

 

16.3 Further to any other rights or remedies the Supplier may have under this contract, if a Customer has made payment to the Supplier, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier under this clause 16 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s obligations under this contract.

 

16.4 Without prejudice to the Supplier’s other remedies at law the Supplier shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable if:

 

(a) any money payable to the Supplier becomes overdue, or in the Supplier’s opinion the Customer will be unable to make a payment when it falls due;

 

(b) the Customer has exceeded any applicable credit limit provided by the Supplier;

 

(c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

 

(d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

 

17. Cancellation

 

17.1 Without prejudice to any other remedies the Supplier may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions the Supplier may suspend or terminate the supply of Goods to the Customer. The Supplier will not be liable to the Customer for any loss or damage the Customer suffers because the Supplier has exercised its rights under this clause.

 

17.2 The Supplier may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice the Supplier shall repay to the Customer any money paid by the Customer for the Goods. The Supplier shall not be liable for any loss or damage whatsoever arising from such cancellation.

 

17.3 In the event that the Customer cancels delivery of Goods the Customer shall be liable for any and all loss incurred (whether direct or indirect) by the Supplier as a direct result of the cancellation (including, but not limited to, any loss of profits).

 

17.4 Cancellation of orders for Goods made to the Customer’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.

 

18. Dispute Resolution

 

18.1 If a dispute arises between the parties to this contract then either party shall send to the other party a notice of dispute in writing adequately identifying and providing details of the dispute. Within fourteen (14) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute. At any such conference, each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered by hand or sent by certified mail to the other party refer such dispute to arbitration.  Any arbitration shall be:

 

(a) referred to a single arbitrator to be nominated by the President of the Institute of Arbitrators Australia; and

 

(b) conducted in accordance with the Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitration.

 

19. Privacy Act 1988

 

19.1 The Customer agrees for the Supplier to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Customer in relation to credit provided by the Supplier.

 

19.2 The Customer agrees that the Supplier may exchange information about the Customer with those credit providers and with related body corporates for the following purposes:

 

(a) to assess an application by the Customer; and/or

 

(b) to notify other credit providers of a default by the Customer; and/or

 

(c) to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or

 

(d) to assess the creditworthiness of the Customer including the Customer’s repayment history in the preceding two (2) years.

 

19.3 The Customer consents to the Supplier being given a consumer credit report to collect overdue payment on commercial credit.

 

19.4 The Customer agrees that personal credit information provided may be used and retained by the Supplier for the following purposes (and for other agreed purposes or required by):

 

(a) the provision of Goods; and/or

 

(b) analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Goods; and/or

 

(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or

 

(d) enabling the collection of amounts outstanding in relation to the Goods.

 

19.5 The Supplier may give information about the Customer to a CRB for the following purposes:

 

(a) to obtain a consumer credit report;

 

(b) allow the CRB to create or maintain a credit information file about the Customer including credit history.

 

19.6 The information given to the CRB may include:

 

(a) personal information as outlined in 19.1 above;

 

(b) name of the credit provider and that the Supplier is a current credit provider to the Customer;

 

(c) whether the credit provider is a licensee;

 

(d) type of consumer credit;

 

(e) details concerning the Customer’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);

 

(f) advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Customer no longer has any overdue accounts and the Supplier has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);

 

(g) information that, in the opinion of the Supplier, the Customer has committed a serious credit infringement;

 

(h) advice that the amount of the Customer’s overdue payment is equal to or more than one hundred and fifty dollars ($150).

 

19.7 The Customer shall have the right to request (by e-mail) from the Supplier:

 

(a) a copy of the information about the Customer retained by the Supplier and the right to request that the Supplier correct any incorrect information; and

 

(b) that the Supplier does not disclose any personal information about the Customer for the purpose of direct marketing.

 

19.8 The Supplier will destroy personal information upon the Customer’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this contract or is required to be maintained and/or stored in accordance with the law.

 

19.9 The Customer can make a privacy complaint by contacting the Supplier via e-mail. The Supplier will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Customer is not satisfied with the resolution provided, the Customer can make a complaint to the Information Commissioner at www.oaic.gov.au.

 

20. Service of Notices

 

20.1 Any written notice given under this contract shall be deemed to have been given and received:

 

(a) by handing the notice to the other party, in person;

 

(b) by leaving it at the address of the other party as stated in this contract;

 

(c) by sending it by registered post to the address of the other party as stated in this contract;

 

(d) if sent by facsimile transmission to the fax number of the other party as stated in this contract (if any), on receipt of confirmation of the transmission;

 

(e) if sent by email to the other party’s last known email address.

 

20.2 Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.

 

21. Trusts

 

21.1 If the Customer at any time upon or subsequent to entering in to the contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not the Supplier may have notice of the Trust, the Customer covenants with the Supplier as follows:

 

(a) the contract extends to all rights of indemnity which the Customer now or subsequently may have against the Trust and the trust fund;

 

(b) the Customer has full and complete power and authority under the Trust to enter into the contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Customer against the Trust or the trust fund. The Customer will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity.

 

(c) the Customer will not without consent in writing of the Supplier (the Supplier will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events;

 

(i) the removal, replacement or retirement of the Customer as trustee of the Trust;

 

(ii) any alteration to or variation of the terms of the Trust;

 

(iii) any advancement or distribution of capital of the Trust; or

 

(iv) any resettlement of the trust property.

 

22. General

 

22.1 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

 

22.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland, the state in which the Supplier has its principal place of business, and are subject to the jurisdiction of the Brisbane Courts in Queensland.

 

22.3 Subject to clause 14, the Supplier shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Supplier of these terms and conditions (alternatively the Supplier’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).

 

22.4 The Supplier may licence and/or assign all or any part of its rights and/or obligations under this contract without the Customer’s consent.

 

22.5 The Customer cannot licence or assign without the written approval of the Supplier.

 

22.6 The Supplier may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this contract by so doing. Furthermore, the Customer agrees and understands that they have no authority to give any instruction to any of the Supplier’s sub-contractors without the authority of the Supplier.

 

22.7 The Customer agrees that the Supplier may amend these terms and conditions by notifying the Customer in writing. These changes shall be deemed to take effect from the date on which the Customer accepts such changes, or otherwise at such time as the Customer makes a further request for the Supplier to provide Goods to the Customer.

 

22.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

 

22.9 Both parties warrant that they have the power to enter into this contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this contract creates binding and valid legal obligations on them.

 

Refunds and Returns

REASONS FOR ORDER ERROR ADJUSTMENTS

You can claim a refund for the reasons below:

– Missing items – you didn’t receive an item

– Incorrect items – you received an item but it was not as ordered

– Incorrect orders – you received an entire order that was incorrect or not theirs

 

NOTE: When items are missing, we’ll refund you the sales price of the item (including tax/GST) at the time of the order. If an entire order is incorrect, you will be refunded for the sales price of the entire order (including tax/GST) and the delivery fee.

 

For disputes or refunds, contact Menu Technologies Pty Ltd.

 

Contact details:

Menu Technology Pty Ltd

ABN:14 630 525 709

Level 12, 41 Exhibition Street

Melbourne, Vic, 3000, Australia

 

Contact phone:

Australian: 1300 326 160

International: +61 3 8638 7777

Contact email:

[email protected]