PLATTER CO. TERMS & CONDITIONS
EFFECTIVE: 2016 REVISED: 2021
CONSENT TO PLATTER CO. TERMS
By accessing and using this Site, our social media accounts, and any other materials made available to you or provided to you on this Site or via direct communication from Platter Co. whether made available for purchase or not, you are obligated to accept our Terms.
This website is owned and operated by Platter Co. trading as Platter Co. (referred to in these terms as “Platter Co.”, “we”, “us”, and “our”). Please take the time to read the terms of use that are applicable to the use of this Site and the content made available to you via this Site, direct communication and our social media accounts (“Terms”). These Terms together with our Privacy Policy apply to all Site visitors, subscribers, customers, and all other users of the Site (“user”, “you” and “your”).
CHANGES TO THESE TERMS
We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site and services.
By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click or confirm “Agree” or “Accept” “Place Order” “Submit” “Confirm Booking” or “Buy” where such an option is made available to you during your use of the Site, social media, direct communication or email. If you’re uncertain about the Terms or anything else on our Site or business communication platforms, please contact us PRIOR to submitting an order or confirming a booking.
ENTIRE AGREEMENT
These Terms (together with our Privacy Policy and other disclaimers) contained on this Site, constitute the entire understanding and agreement between us and you, in relation to your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this Site and your use of this Site.
GOVERNING LAW AND JURISDICTION
All Terms shall be construed in accordance with and governed in all respects by the laws of the State of Victoria, Australia. In relation to any dispute, we ask you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost-effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia.
18+
By using the Site, accessing or purchasing any products or services, you agree:
(a) you are over 18 years of age or have someone present who has the legal capacity to enter into a legally binding contract;
(b) have read and accept these Terms; and
(c) will comply with these Terms.
PRIVACY
These Terms also include our Privacy Policy.
LINKS TO OTHER WEBSITES
Our Site and social media accounts may have links to other sites operated by third parties. We do not in any way, endorse, control or approve and nor are we responsible for the content on those websites. You will need to discern if those websites and their content is accurate.
INTELLECTUAL PROPERTY
The Site, products and services contain intellectual property owned by us and/or by third-parties that license the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software (“Content”). Your use of the Site, the services and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Site, the services, products or the content.
COMMERCIAL USE
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, services or the Content, our Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, products and services, Content, without refund, if you are found to be violating these Terms.
PROHIBITED USE
In addition to any other prohibitions, you must not, under any circumstances use the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances and (d) attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displayed on the Site.
PERSONAL INFORMATION
To place orders and access some features of the Site, you may have to register an account or submit particular information. This means you’ll have to give us accurate information including your name, your business name address, a valid email address and telephone number and you must be at least 18 years old. You warrant that any information you provide during the order process is accurate and correct at the time you provide the information and that you’ll update information should there be any changes to the information provided. You’ll be solely responsible for the activity that occurs on your account (including orders placed via an account, your email or contact). We reserve the right to suspend accounts or cancel orders at any time, in our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation.
PLATTER CO. PRODUCT & SERVICE INFORMATION
Our Site may have articles and content that is of a general nature and is not intended to constitute or replace professional advice for individual or specific circumstances. The information contained on the Site is not a substitute for obtaining advice specific to your circumstances.
We work to ensure the colours of our platters and the products used are presented accurately, please note, that on occasion, where the colour on our Site may seem different, depending on the device you use this can be for a number of reasons which are outside of our reasonable control. Use of editing software is at our discretion.
Platter Co. gift certificates expire 3 years after purchase. Please treat the gift certificate as you would treat cash. Lost, damaged or stolen gift certificates will not be replaced or refunded. Our gift certificates are redeemable for any Platter Co grazing box up to the value of the gift certificate. Delivery included for Geelong CBD only. Our gift certificates are not redeemable for cash.
By referencing any products or services on our Site, including any processes or other information, this does not constitute or imply our endorsement, sponsorship or recommendation of the products or services.
BOOKING CHANGES
Once the client is issued a tax invoice and payment has been received, the booking date and time is secured.
Due to demand, it’s not always possible to alter timing should the client change their event start or finish time. Platter Co will work to accomodate any change to ensure the booking goes ahead without issue, but cannot guarantee this. During peak times particularly, any timing change should be flagged immediately and Platter Co will confirm options.
If the change means Platter Co can no longer make the timing for the booking work due to other bookings, travel time or extenuating circumstances, the client will forfeit any deposit paid and Platter Co will issue a credit note for other payments made, for future use. In some cases, Platter Co will issue a credit note for the deposit paid.
PLATTER CO CANCELLATION POLICY
It is the responsibility of the client to make immediate contact with Platter Co should the client want to alter their booking in any way (date, timing, location, platter size & option) or wish to reschedule. If any booking (table or box) is cancelled after the 50% deposit is paid, Platter Co will retain the deposit. If it’s within 30 days of the booking date, Platter Co. will retain the deposit paid and credit other payments made. If it’s within two weeks of your booking, Platter Co. will retain all payments made.
If pandemic restrictions impact any booking (table or box), we will issue a ‘no expiration date’ credit for the amount paid.
PLATTER CO. GRAZING TABLE PROP RETURN
If any grazing table props are lost, damaged or not returned post event, you, as the client are liable to cover the cost of replacing these props.
If Platter Co needs to return to the venue on the day of the event to pack down, there is an extra fee payable to cover time, cleaning and disposal of any waste.
PLATTER CO. FOOD SAFETY
All Platter Co. grazing orders are transported in eskies on ice between the prep kitchen and delivery address. It is the responsibility of the client and/or recipient to ensure the contents are enjoyed immediately or refrigerated for safe consumption later.
The following food safety guidelines apply to all Platter Co grazing platters delivered and/or set up on site:
At 1 to 2 hrs between 5 to 60 degrees celsius food can be consumed or refrigerated.
At 2 to 4 hrs between 5 to 60 degrees celsius food can be consumed.
After 4 hrs between 5 to 60 degrees celsius food must be disposed of.
At time of ordering, it is the responsibility of the client to select a delivery window when they or the recipient will be at the delivery address or close by to receive the grazing box. Where we have delivered within the agreed delivery window on the booked date, Platter Co. does not accept any responsibility for boxes not collected or refrigerated within stipulated timeframes. If re-delivery is agreed upon, a further delivery fee will apply. Re-delivery may not be possible on the original booking date and will depend on delivery driver availability.
Platter Co. does not accept any responsibility if the client and/or recipient chooses not to dispose of food after 4 hours. Platter Co. will not be liable for any response or reaction if food safety guidelines are not followed.
PLATTER CO. PRICING AND PAYMENT
All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the Site may change at any time without notice to you. If you’ve purchased our products or services, it will be charged at the displayed price at the time a customer’s order is validated.
We reserve the right at any time to modify or discontinue the product or service without notice at any time. We shall not be liable to you, or to a third-party for any modification, price change, suspension or discontinuation of the product or service.
If we ever list discounted products, you may only use one discount code with each purchase. We reserve the right to reject or cancel any orders where you add more than one discount code. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.
We offer visitors who want to purchase from our Site the option to pay for the products and/or services by credit card using Xero/Stripe or via direct bank payment. You acknowledge and agree to make timely and full payments to us for the products and/or services purchased. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, we may reject future orders.
FEEDBACK AND SOCIAL MEDIA
Customer feedback about our website, products and services helps us to improve our Site and our products and services. Through the use of this Site, you may be invited to submit a review, you can also comment on our journal or other parts of our Site or interact with us via our social media accounts.
Where you do decide to submit such feedback or comments, you represent and warrant that (a) you are the sole author and owner of the intellectual property and any other rights in that content (or have the right to use that content with appropriate consents and permissions) (b) give us permission to post or otherwise use that feedback on our social media or other accounts and (c) you waive any and all existing and future moral rights (as defined in the Copyright Act 1968(Cth) in the content you provide us; (d) the content does not violate these Terms; and (e) you are at least 18 years old.
We reserve the right to remove a review or comment if such review or comment contains (a) libel or otherwise unlawful, abusive or obscene material; (b) attacks our employees or another contributor; (c) contains material that discloses your personal information; or (d) is unrelated to the post or content to which you have reviewed or commented on.
Our Site and social media accounts may feature user reviews of the products and/or services as well as blogs by guest bloggers, these reviews and content of the guest posts in no way represent the views or opinions Platter Co. or its owners, shareholders, employees or others, but are the sole product of its creator. We do not take any liability for any content submitted by the user or guest contributor.
PLATTER CO. PROMOTIONS
We may from time to time run giveaways or promotions on this Site and/or via our social media accounts. Your participation in those giveaways or promotions is subject to these Terms and any terms and conditions that are specific to each promotion. The laws of Victoria will govern all promotions run by Platter Co. Platter Co. will list appropriate Terms on any and all promotions via social media accounts also.
WARRANTIES AND DISCLAIMERS
This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and/or the products or services including that:
they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or
there is no possibility of failure to store communications or other data.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, in no event are we responsible for any losses and expenses however arising, including without limitation, any direct, indirect and/or present, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and /or our products or services, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).
OUR RIGHT TO INDEMNITY
To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.
BREACH OF TERMS
The agreement constituted between us by your use of the Site may be terminated (a) where you breach any provision of these Terms; or (b) at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.
SEVERABILITY
If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
ASSIGNMENT
We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.
BUSINESS CLOSURE
We have the right to shut down this Site. If we decide to do this, it can be at any time and maybe without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.