CHEFIN Australia Pty Ltd
PTY LTD ABN 24 609 882 564
- This website, app, platform and any service offered under the name “CHEFIN” (“Platform”) is operated and owned by CHEFIN AUSTRALIA PTY LTD (ACN 609 882 564) and its related entities or body corporates (“us”, “we” and “our”).
- Cancellation Policy means our cancellation policy available here, which may be amended from time to time at our sole discretion.
- Customer means a person who submits an Order on the Platform.
- Customer Platform Fee means the fee we collect from the Customer in exchange for allowing the Customer to use the Platform, as may be advertised from time to time on our Platform and always subject to change.
- Event Services means any goods or services required in relation to an event as listed in the Order, including without limitation:
- meal preparation and catering;
- hospitality staff hire;
- venue hire;
- provision of food or drink; and
- ancillary services.
- Food Laws means the Australia New Zealand Food Standards Code and any other applicable law in relation to the service of food or beverages (including alcohol) in any relevant jurisdiction.
- Order means an offer by the Customer for one or more Vendors to provide Event Services.
- Platform means this website, app, platform and any service offered under the name “Chefin”.
- Service Agreement means an independent agreement between the Customer and a specific Vendor for the provision of a component of the Event Services stated in the Order, in exchange for the relevant Vendor Fee.
- Specifications means the specifications for exactly what Event Services and ancillary material will be provided by a Vendor, including but not limited to menu design, proposed beverages, equipment and so on.
- State means New South Wales, Australia.
- Total Fee means the total fee set out in the Order.
- User means any Customer, Vendor or any other user on the Platform.
- User Content means any content whatsoever which you upload to the Platform, including but not limited to any descriptions, reviews, usage data, feedback, comments, chats, media.
- Vendor means a person who provides or seeks to provide Event Services to a Customer, including by accepting an Order.
- Vendor Fee means, for each respective Vendor, the fee that the respective Vendor will receive in relation to the component of the Event Services provided by the Vendor. The Vendor Fee is a component of the Total Fee.
- Vendor Platform Fees means the fees we collect from the Vendors in exchange for allowing the Vendors to use the Platform, as may be advertised from time to time on our Platform or negotiated with the Vendor, and always subject to change.
- Warranties mean any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied.
- We, we, us, our means CHEFIN AUSTRALIA PTY LTD (ACN 609 882 564) and its related entities or body corporates.
- You or you mean any person who uses or accesses the Platform.
3. Preconditions to use
- Access to and use of this Platform is subject to you being at least 18 years old and having the legal capacity to entering into binding contracts. Accordingly, by using the Platform, you warrant the above to us. If the above conditions are not satisfied, please cease using the Platform immediately.
- You do not need to be a member to access the Platform. However, you may be required to be a registered member to access certain features of the Platform.
- You may create a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username. You must not share your account credentials with any third party. We do not authorise anyone to use the service on your behalf, and we will not be liable for any loss or damage arising from any kind of unauthorised activity that takes place under your account.
- You must not impersonate some other individual, business or company. In case you try to present yourself as another individual or company, your account may be suspended and a legal action may be taken against you.
5. Your conduct
- In using the Platform, you must:
- Always act courteously and politely to us and to any other User;
- strictly comply with any policy displayed on the Platform;
- obey all laws whatsoever (including international law) which may apply in respect of your use of the Platform and ensure you do not do anything which is likely to result in you or us breaching any law, regulation, rule, code or other legal obligation.
- not take any action that is likely to impose upon the Platform (or our servers, or the servers of our or third-party suppliers) a disproportionately large load;
- not interfere with the proper working of the Platform or any activities conducted via the Platform, including by using any automated or manual software or process to “crawl”, “spider” or engage in similar conduct in relation to the Platform;
- not reverse engineer or otherwise seek to obtain any source code forming part of the Platform;
- not add any User Content:
- unless you hold all necessary rights, licences and consents to do so;
- that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, profane, in breach of confidence, in breach of privacy or harassing;
- that would bring us or the Platform into disrepute;
- that infringes the rights of any person;
- that you know (or ought reasonably to suspect) is false, misleading, untruthful or inaccurate;
- that contains unsolicited or unauthorised advertising (including junk mail or spam); or
- that contains computer or software viruses, files or programs that are designed to interfere with the ordinary functionality of the Platform, or obtain unauthorised access to any system, information, security device belonging to us or any third party.
- not collect or retain any personally identifiable information contained in the Platform;
- not access the Platform by any means other than authorised herein, including virtual private networks which are expressly forbidden;
- not stalk, harass, bully or harm others; and
- not impersonate any person or entity.
6. How the Platform Works
- The Platform is a marketplace and a platform which allows Customers to receive Event Services from Vendors, and for Vendors to provide Event services to Customers. Please note we do not actually provide any Event Services ourselves.
- When a Customer wishes to receive Event Services, the Customer must complete and submit an Order:
- we will provide a quote to the Customer setting out the Total Fee and its breakdown into separate Vendor Fees and Customer Platform Fee, based on the terms of the Order.
- If the Customer wishes to proceed with the Order, the Customer must:
- submit the Order; and
- pay the entire Total Fee or a deposit of the Total Fee, as determined and required by the Platform at our sole discretion.
- Upon submission of the Order and payment of the Total fee, an Order becomes an open legal offer for Vendors to enter into Service Agreements with the Customer on the relevant terms of the Order.
- We will send out the Order to relevant Vendors for acceptance.
- Once all requisite Vendors have accepted the Order:
- Upon us sending written notice to all relevant Users confirming that the Order has been accepted, separate Service Agreements are entered into between the Customer and each relevant Vendor respectively, in respect of the relevant Event Services stated in the Order.
- some Vendors may send to the Customer draft Specifications for the Customer’s approval. Once the Specifications are approved by the Customer, they become a part of the Service Agreement between the Customer and the relevant Vendor.
- Each Vendor Fee will consist all of the remuneration or payment between Customer and the relevant Vendor. If any additional amounts are later negotiated or paid by the Customer to a Vendor, they are taken to be included as an adjustment to the Total Fee which must be recorded on the Platform or notified to us accordingly.
- If we are unable to find Vendors for you and form Service Agreements, we will refund the Total Fee.
7. Cancellations and Modifications
- After a Service Agreement has been entered into it, Customers may only modify or cancel a Service Agreement in accordance with our Cancellation Policy as displayed on our Platform and updated at our sole discretion from time to time (although the amendments will not impact ongoing Service Agreements).
- Other than in accordance with this clause, the Customer may not cancel or modify a Service Agreement in any way unless the Vendors first agree in writing. We may facilitate the process of cancellations, modifications and bookings on behalf of a party as its agent (to this extent only).
- The Customer acknowledges that Vendors are entitled to cancel in accordance with the Vendor-specific terms of the Cancellation Policy. However, in the event that a Vendor cancels their provision of the relevant Event Services in accordance with the above (Original Vendor), we will find a replacement Vendor (Replacement Vendor) to provide the Event Services. In such an instance, the relevant Service Agreement and all rights and obligations under it are taken to be automatically novated by the Original Vendor to the Replacement Vendor, with the Customer’s automatic consent. This does not impact any other Service Agreement between the Customer and any other Vendor.
- We reserve full discretion to provide refunds or cancellations on a case by case basis.
8. Our role
- You acknowledge and agree that:
- this Platform is essentially a marketplace which connects Customers you with suppliers of goods and services. We do not provide Customers with any Event Services or any goods or services besides the provision of the Platform itself. All goods and services are provided by Vendors;
- each Service Agreement is a separate agreement directly between the Customer and the relevant Vendor. We are not a party to any Service Agreement in any way, and its formation will not, under any circumstance, create any relationship of employment, agency, partnership or otherwise between us and any User;
- each Vendor is running a separate, independent business from our business.
- we collect the Customer Platform Fee from the Customer and the Vendor Platform Fees from the Vendors as part of an independent contract between us and each User, and that this does not constitute any relationship between us and the Users beyond that of independent contractors; and
- Vendors acknowledge and agree that in relation to each Service Agreement, it is the Customer, not us, who will be solely liable for payment of the Vendor Fee and any actions of a Customer. We merely act a facilitator for such payment on the Platform and we will not be liable for the Vendor Fee under any circumstance. Vendors agree that they will not pursue any actions, legal or otherwise, against us for any non-payment or any actions by a Customer, and that this provision constitutes a bar to any such actions or proceedings. The Vendors agree to indemnify us in relation to any claim or loss in relation to non-payment or any actions by a Customer.
- Customers acknowledge and agree that in relation to each Service Agreement, it is the Vendor, not us, who will be solely liable for the performance of the Event Services and anything ancillary to the Event Services. Customers agree that they will not pursue any actions, legal or otherwise, against us for any issue arising from the Event Services, and that this provision constitutes a bar to any such actions or proceedings. The Customer agrees to indemnify us in relation to any claim or loss in relation to the Vendor, the Event Services or any Service Agreement.
- You acknowledge and agree that we do not sell alcohol and are not responsible for arranging or serving alcohol at an event. The relevant Vendor is always responsible for anything in relation to Food Laws, including without limitation anything in relation to alcohol, responsible service of alcohol and ensuring all staff are properly certified. You agree to indemnify us in relation to any claim or loss arising from service or failure to serve alcohol at an event, including any breach of any Food Laws.
9. Fees and payments
- You acknowledge that the Customer must pay the Customer Platform Fee and the Vendors must pay us the Vendor Platform Fees as set out on the Platform.
- The Customer Platform Fee and the Vendor Platform Fees are strictly non-refundable unless we determine otherwise, which we may do at our sole discretion and on a case-by-case basis.
- If any increase is made to the Total Fee, the Customer Platform Fee and the Vendor Platform Fees are likewise increased in proportion.
- The Users irrevocably agree and authorise us to receive the Total Fee from the Customer on behalf of the Vendors. We will deduct the Customer Platform Fee, Vendor Platform Fees and any other fee or amount owing to us and remit the relevant Vendor Fees to the relevant Vendors within 28 days of the Event Services being completed. Each Vendor appoints us as its agent for this purpose. The Customer irrevocably agrees that we are entitled to remit the Vendor Fees despite any claim or demand made by the Customer.
- The Customer agrees not to dispute, cancel or instruct a financial institution to stop any payments made by the Customer.
- GST is applicable to any fees charged by us, or other Vendors provided that the relevant Vendor is registered for GST. Unless expressed otherwise, all fees and amounts shall be deemed exclusive of GST. If a Vendor is registered for GST, the Platform may add GST to the relevant Vendor Fee.
- The Customer is entitled to receive an invoice which will set out the Total Fee and the breakdown of each Vendor Fee and Customer Platform Fee.
- Any invoice issued must be disputed in writing within 7 days, otherwise, it is deemed accepted and you are taken to waive and release us from any claim in relation to it.
- Any amount payable to us which is overdue accrues interest at the rate of 1.5% per month, or in default, the maximum rate of penalty interest prescribed under law.
10. Standard Service Agreement Terms
- The following terms are implied into each Service Agreement unless expressly and unequivocally stated otherwise in writing in the Order:
- Vendors must:
- provide the Event Services in a punctual manner and in accordance with the Specifications (if any);
- provide the Event Services in good faith and with due care and skill;
- act politely and courteously at all time;
- provide any equipment or ingredients agreed with the Customer;
- clean and take proper care of any facilities and equipment in use and leave them in the same condition the Vendor found them in;
- not drink alcohol, use drugs or become inebriated or intoxicated prior to or during the course of providing the Event Services; and
- hold all licences and qualifications, and strictly observe any applicable laws, including without limitation Food Laws, in relation to the Event Services being provided by the Vendor.
- The Customer must:
- treat the Vendors and all their agents, employees and subcontractors politely and courteously at all time;
- bear full responsibility for the actions of any guests or third-parties (unless they are associated with the Vendor) during the event; and
- provide reasonable assistance to the Vendor when required.
- Vendors must:
11. Marketing and promotion
- You agree that we may conduct marketing activities during the time the Event Services are provided, which may include without limitation:
- photographing and videoing the event and any persons there;
- sharing the above on various mediums, including without limitation our Platform, social media, any new website we may create, third-party partner websites and other channels;
- erecting banners and signs bearing our trademark and promotional materials at the event;
- using the photographs and videos of the event and any persons there for promotions, including without limitation in print, television, outdoor and digital medium;
However, a Customer may opt-out of participating in the marketing activities by giving us written notice at least 3 days prior to the relevant event.
- You agree not to Solicit any Barred Person under any circumstances for the Restrained Area in the Restraint Period.
- All Users agree not to Compete with us for the Restrained Area in the Restraint Period.
- All Users agree only to engage each other for Event Services through the Platform for the Restrained Area in the Restraint Period. A breach of this clause will entitle us to charge the Customer Platform Fee and Vendor Platform Fees in relation to any provision of Event Services as if the Event Services had been provided pursuant to a Service Agreement on the Platform.
- In this clause:
- Barred Person means any Users and our employees, officers, service providers, suppliers, and customers over the last 2 years from the date this clause applies to you.
- Compete means to commence or be involved in (whether directly or indirectly, including through an associate, affiliate, or entity you control or are have an interest in) a Restrained Business or another business which is similar to or competitive with ours, and includes using any of our intellectual property and making any negative or disparaging statement about us.
- Solicit means to hire, engage, solicit, receive goods or services from a Barred Person, or convince a Barred Person to alter its dealings with the us in any way whatsoever, and includes if you do this directly or indirectly, including without limitation through an associate, affiliate, or entity you control or have a legal or beneficially interest in.
- Restrained Business means a business which involves an online or mobile platform for catering bookings or engaging chefs for events.
- Restraint Area means:
- the World;
- New South Wales;
- 5km radius from the place in which the Event Services were provided;
- Restraint Period means at any time while you are still a registered user of the Platform, receiving or providing Event Services through the Platform, and also for the following period from the date the above no longer applies to you (whichever is later):
- two years;
- one year;
- 6 months;
- 3 months;
- 1 month.
13. Intellectual Property Rights
- You acknowledge and agree that the Platform and the content contained therein are protected by copyright, trademarks, service marks, patents, design registrations, and other proprietary rights and laws, and you agree to comply with and maintain all copyright notices and other restrictions on content accessed on or via the Platform.
- You must not do anything which breaches or otherwise interferes with our intellectual property rights or the intellectual property rights of any of its third-party licensors. You may not distribute, reproduce, publish, alter, modify or create derivative works from the Platform content without our prior written permission or the relevant third-party licensor or exploit such contents for commercial benefit.
- In the event you use any of our intellectual property in or related to the Platform, you shall be required to pay us a royalty of ten percent (10%) of the total revenue arising from services provided by you using any of our intellectual property as above.
- You acknowledge and agree that damages may not be an adequate remedy for a breach of this clause 13 and that equitable or injunctive relief may be necessary.
14. Third party sites
- The Platform may contain links to websites that are owned and operated by third parties. This may include other suppliers and service providers who provide goods or services in connection the Event Services or a Service Agreement. We have no control over these external websites, which are governed by terms and conditions and privacy policies independent of us.
- You acknowledge and agree that when you access a third-party website available via a link contained on the Platform:
- we are not liable for the content, accuracy, lawfulness, appropriateness, or any other aspect of that third-party website; and
- you acknowledge and agree that to the full extent permitted by applicable law, we will not be liable for any loss or damage suffered by you or any other person as a result of or in connection with your access or use of any third-party website available via a link on the Platform.
15. Disclaimer and limitation of liability
- The limitations, exclusions and disclaimers provided in this clause are provided to the maximum extent permitted by law.
- WE EXCLUDE ALL WARRANTIES WHATSOEVER UNLESS EXPRESSLY STATED, INCLUDING BUT NOT LIMITED TO IN RELATION TO ANY OTHER USER OR ANY EVENT SERVICES OFFERED.
- YOU ACKNOWLEDGE THAT WHEN YOU USE THE PLATFORM, PROVIDE OR RECEIVE EVENT SERVICES, AND/OR ENTER INTO A SERVICE AGREEMENT, YOU DO SO ENTIRELY AT YOUR OWN RISK AND RELYING ON YOUR OWN ENQUIRIES AND JUDGEMENT.
- WE DO NOT VET, ENDORSE OR RECOMMEND ANY PARTICULAR USER OR EVENT SERVICES, AND ANY RATING INFORMATION DISPLAYED ON THE PLATFORM CONSISTS OF STATEMENTS OF OPINION AND NOT STATEMENTS OF FACT OR RECOMMENDATIONS.
- WE ARE NOT RESPONSIBLE FOR ANY EVENT SERVICES OR VENDOR, OR ANY CUSTOMER OR GUEST OF A CUSTOMER.
- ANY ADVICE PROVIDED ON THE PLATFORM IS OF A GENERAL NATURE ONLY.
- IN THE CASE OF GOODS:
- THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS;
- THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; AND
- IN THE CASE OF SERVICES:
- THE SUPPLY OF THE SERVICES AGAIN; OR
- THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
- WE EXCLUDE ALL LIABILITY FOR CONSEQUENTIAL, SPECIAL, INDIRECT OR REMOTE LOSS, INCLUDING LOSS OF PROFITS, OPPORTUNITY OR BUSINESS;
- WE EXCLUDE ALL LIABILITY FOR NON-ECONOMIC LOSS, INCLUDING WITHOUT LIMITATION LOSS OF ENJOYMENT, DISSATISFACTION, DISAPPOINTMENT OR UNHAPPINESS.
- OUR LIABILITY IS EXCLUDED TO THE EXTENT THAT YOU CONTRIBUTED TO THE LIABILITY;
- WE EXCLUDE ALL LIABILITY FOR ANYTHING YOU HAVE BEEN AWARE OF FOR LONGER THAN SIX MONTHS AND YOU HAVE NOT COMMENCED A CLAIM IN A COURT OF COMPETENT JURISDICTION; AND
- OUR LIABILITY IS SUBJECT TO YOUR DUTY TO MITIGATE YOUR LOSS.
- WE PROVIDE THE PLATFORM ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES AS TO CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE PLATFORM, THAT ITS SERVERS ARE FREE OF COMPUTER VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT YOU WILL NOT HAVE DISRUPTION OR OTHER DIFFICULTIES IN USING THE PLATFORM.
- All subclauses of this clause 15 are cumulative to one another.
- IN THE CASE OF GOODS:
16. Release and Indemnity
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE THE RELEASED PARTIES FROM ALL LOSS OR CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY RELEVANT MATTER. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY LOSS OR CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY RELEVANT MATTER.
- THE CUSTOMER AGREES TO INDEMNIFY US IN RELATION TO ANY LOSS OR CLAIM ARISING IN CONNECTION WITH THE ACTS AND OMISSIONS OF ANY GUEST OF THE EVENT AT WHICH THE EVENT SERVICES ARE PROVIDED, OR ANY LOSS OR CLAIM COMMENCED AGAINST US BY ANY GUEST OR THIRD-PARTIES.
- In this clause:
- Claim means a claim, action, proceeding or demand made against a person concerned, however, it arises and whether it is present or future, fixed or unascertained, actual or contingent.
- Loss means a damage, loss, cost, expense or liability incurred by the person concerned however arising, including without limitation penalties, fines, and interest and including those which are prospective or contingent and those the amount of which for the time being is not ascertained or ascertainable.
- Released Parties means us and our officers, directors, shareholders, agents, employees, consultants, associates, affiliates, subsidiaries, related parties, related body corporates, sponsors, and other third-party partners.
- Relevant Matter means anything in connection with:
- any User;
- any Service Agreement;
- any Event Services;
- any damage to person, property, personal injury or death;
- any User Content;
- your use, misuse, or abuse of the Platform; and
- your breach or failure to observe any applicable law, including but not limited to the Food Laws.
17. Termination, You acknowledge and agree that:
- we may terminate your access to the Platform at any time without giving any explanation;
- Any notices to us must be in writing and submitted either through the Platform or to a recognised support email address displayed on our Platform. All notices are taken to be read on the day they are received, unless they are received after 5 PM or on a day which is not a business day in the State, in which case they are deemed to be read on the next business day.