Welcome to the website of everydayfood (ABN 81 587 894 387) ("we", "us" or the "Proprietor"), creators of beautiful grazing tables, platters and grazing boxes, cakes and catering for small to large groups.
This website is located on the web via the domain https://everydayfood.com.au and includes all of the files located in that domain ("this site").
AGREEMENT TO THESE WEBSITE TERMS OF USE
By accessing this site, you agree to be bound by these terms of use ("Website Terms of Use"). These Website Terms of Use constitute a binding agreement between you and the Proprietor and govern your use of this site.
Privacy Policy
As part of these Website Terms of Use, your use of this site is also subject to our Privacy Policy (located at https://everydayfood.com.au/pages/privacy-policy), which is incorporated by reference into these Website Terms of Use.
Legal capacity to transact
If you are under 18 years of age, you cannot place orders through this site. By using this site you represent and warrant to the Proprietor that you are over the age of 18 years. Should the Proprietor suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
RESTRICTIONS ON USE
Prohibited conduct
Your use of this site is subject to the rules set out in Schedule 1 below.
Violations of these Website Terms of Use
Without limiting any other remedies available to the Proprietor at law or in equity, the Proprietor reserves the right to, without notice:
- temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide products or services to you if:
- you breach any provision of these Website Terms of Use;
- the Proprietor is unable to verify or authenticate any information that you provide to us; or
- the Proprietor believes that your actions may cause damage and/or legal liability to the Proprietor, any of its customers or suppliers or any other person; and
- remove or block access to any information and/or materials (in whole or in part) that the Proprietor, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Website Terms of Use.
Indemnity
You indemnify and hold harmless the Proprietor and its employees, agents, consultants, licensors, partners, officers, directors, contractors, licensors, service providers, suppliers, interns and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
- any material or information that you submit, post, transmit or otherwise make available through this site;
- your use of, or connection to, this site; or
- your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.
ORDERS
Products or Services
Some products or services may only be available online through the website. These products or services may have limited quantities or limited time frames for purchase.
We have made every effort to ensure that the colours and images of products are as accurate as possible. We cannot however guarantee that your device will replicate colours accurately.
Some of the photography on this website and other social media platforms may depict products which have been styled with additional items. Such items may not form part of the product available for purchase. You acknowledge and agree that reference will be made to the full product description prior to submitting your order.
We reserve the right but are not obligated, to limit the sale of our products or services to any person or geographic region. We also reserve to the right to limit the quantities of any products or services that we offer.
All descriptions of products or services and pricing are subject to change at anytime without notice at the sole discretion of the Proprietor.
We reserve the right to discontinue a product at any time without notice.
Order constitutes offer
By placing an order through this site (or any other means such as through Instagram, Facebook, direct email or by telephone) you make an irrevocable offer to us to purchase the products/services that you have selected pursuant to these Website Terms of Use. Information contained in this site constitutes an invitation to treat only. No information in this site constitutes an offer by us to supply any products/services to you – however, the Proprietor will endeavour to supply your selected products/services to you.
We will not commence processing any order made through this site unless and until:
- payment for the order has been received by us in full; and
- the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.
We reserve the right at our discretion to:
- at any time prior to your order being accepted in accordance with these Website Terms of Use, cancel all or part of your order; and
- at any time:
- refuse to provide products or services to you including if the requested product or service is unavailable;
- terminate your access to this site; and/or
- remove or edit any content on this site.
Acceptance of orders
Any electronic receipt, email, text message or other means of order confirmation as provided does not constitute the Proprietor’s acceptance of your order.
Acceptance of each order will take place if and when the Proprietor:
- is fully paid for platter/box as requested. Once the items are dispatched title to, and risk in, the items will pass from the Proprietor to you at that time. After the items have been delivered, we will send you an email/message confirming that delivery has taken place; or
- in the case of services your order is accepted when:
- upon receipt of 50% deposit or full payment of the booking fee for the grazing table or other service and confirmation in writing from the Proprietor that the order has been accepted;
If your order is rejected we will endeavour to contact you either at the time you place your order or within a reasonable time after you submit your order.
Cancellation and Refunds
Grazing Tables:
- 4 weeks notice in advance of the event date - you will receive a refund of your deposit;
- 2 weeks notice in advance of the event date - you will forfeit your 50% deposit;
- less than 2 weeks notice in advance of the event date you will forfeit the full booking fee.
Change of date is treated as a new booking: the above refund and cancellation policy will apply.
COVID-19 - Until further notice and at the discretion of the Proprietor cancellation of grazing table bookings due solely to Covid -19 restrictions applicable within the State of Victoria only will be credited to a future date providing that such nominated date is available. Change of date requests due to Covid 19 must be notified within a minimum 5 days of the event date. Refunds will not be given for events cancelled due to Covid 19 restrictions with less than 2 weeks notice. The above cancellation policy will apply.
Platters and Grazing Boxes:
Non corporate orders - minimum of 3 business days notice required to cancel your order or significantly decrease your order quantity otherwise full original order charge applies;
Corporate orders require a minimum of 7 days notice for cancellation or significant decrease in order quantity otherwise original order charge applies.
Significant decrease means the order is reduced by 25% or greater.
Loss of Equipment
Equipment used in the assembly of your grazing table includes boards, bowls, baskets, cheese knives, napery, assorted platters and other props. All items used in the assembly (save and except for disposable serving utensils, cutlery, plates/bowls) of your grazing table are returnable to the Proprietor in the same condition in which they were supplied. If any items are lost, misplaced or damaged you will be liable for the full replacement cost.
Food Handling
Upon receipt of all foods the purchaser/recipient must immediately refrigerate or consume the product. The following food safety protocol applies to all food delivered:
- 1-2 hours between 5-60 degrees Celsius the product can be consumed or refrigerated
- 2-4 hours between 5-60 degrees Celsius the product can be eaten
- 4+ hours between 5-60 degrees Celsius the product must be disposed of
The purchaser/recipient agree to dispose of unrefrigerated food after 4 hours. The Proprietor will not be liable for any adverse reactions resulting from failure to follow to the above food safety protocol.
Allowance for transport/delivery time should be taken into account when calculating appropriate consumption/disposal of food.
Food Allergies
It is the purchaser’s responsibility to inform the Proprietor of any and all food allergies at the time of order.
The Proprietor is unable to cater for severe food allergies. By ordering a product from the Proprietor you understand that the products we produce and products we source may contain the following allergens:
- Cereals containing gluten and their products – namely wheat, rye, barley, oats and spelt and their hybrid strains
- Crustacea and their products
- Egg and egg products
- Fish and fish products
- Milk and milk products
- Peanuts and peanut products
- Tree nuts and tree nut products (does not include coconut)
- Sesame seeds and sesame seed products
- Soybean and soybean products
- Sulphur dioxide and sulphites
- Lupins
- Bee products
The Proprietor cannot guarantee that our products are completely free of traces of allergens.
Due to the free-flowing nature of foods placed on grazing tables, in grazing boxes and on platters we cannot guarantee that there will not be cross contamination between foods which may contain allergens.
Once grazing tables have been assembled it becomes the purchaser’s responsibility to ensure appropriate food safety measures are implemented.
The Proprietor is not liable for any adverse reactions to our products where you have proceeded with an order and failed to inform the Proprietor at the time of booking of any food allergies.
The Proprietor advises against our products for those with severe allergies as the Proprietor may use products which indicate traces of allergens and the Proprietor’s kitchen processes foods and products which may contain allergens.
Dietary Requirements
Vegetarian, vegan and low gluten (less than 0.02% gluten i.e traces of gluten) diets can be accommodated if notice is provided at time of booking.
Additional fees may apply for provision of substitute products.
Alcohol
Some of the products available for order specifically grazing boxes may contain alcohol products. As stated above if you place an order through this website or any other means approved by the Proprietor you warrant that you are 18 years of age or older and that the recipient of the grazing box is 18 years or older. The Proprietor reserves the right to request proof of age from the purchaser and/or the recipient of the grazing box.
PRICES
The Proprietor reserves the right to change the prices for products/services displayed in this site at any time before you place an order. All prices shown on this site are in Australian dollars (AUD).
Delivery of perishable products and delivery costs
Delivery and transport costs may apply and will depend upon the location for delivery of the grazing box/platter or on site grazing table and/or make up application service and the items purchased. Shipping/transport costs will be shown separately during checkout.
You warrant to the Proprietor that the delivery information provided is true, accurate and current as at time of delivery.
Due to the perishable nature of goods to be delivered they will not be left unattended unless instructed to do so by the purchaser or recipient. It is the purchaser’s responsibility to ensure the recipient is available and authorised to receive delivery within the delivery window specified at the time of placement of order. If the recipient (or other authorised person) of the grazing box/platter is not in attendance to receive the order the Proprietor will take reasonable steps to contact the recipient and/or purchaser. In the event that contact cannot be made and instructions are not provided to leave the product unattended the goods will be returned to the Proprietor’s kitchen. If re-delivery is required a further delivery fee will apply. Re-delivery may not be available on the same day as the original order. If the product has not been delivered within 3 hours the contents will be disposed of due to food health and safety reasons. A new fresh box will be prepared at extra cost to the purchaser.
Products such as boxes and platters will be at the purchaser’s risk from the time of dispatch from the Proprietor's kitchen. The Proprietor will not be liable for any issues arising from the products and/or consumption of products after dispatch (boxes and platters) or handover of the grazing table.
GST
everydayfood is not currently registered for GST. Should everydayfood register for GST in the future unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be inclusive of GST. For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
PAYMENT METHODS
Payment for orders placed through this site may be made by credit card processed online using a secure third party payment gateway.
Third party payment gateways
The Proprietor may use one or more third-party payment gateways to facilitate secure online payment transactions. Payments made through such payment gateways are subject to the terms and conditions and privacy policy of the relevant third-party providers. Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to such third party payment gateway providers, other than information that is required in order to process your order and deliver your purchased items to you (e.g., your name, email address and billing/postal address).
Credit and debit card payments
All major credit cards and debit cards are accepted. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. The Proprietor does not charge additional transaction fees for paying by credit card.
Credit and debit card payments
Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. The Proprietor does not charge additional transaction fees for paying by credit card.
Payment by EFT
If you elect to pay for an order by direct deposit using EFT, after your order has been submitted, we will send you an email containing instructions for making the payment, or otherwise provide such information to you, including our bank account details and the reference number for your order. Please quote the reference number for the EFT transaction in order to avoid delays in processing your order.
Refunds and other remedies
Except as expressly provided otherwise in these Website Terms of Use, all amounts paid through this site are non-refundable. Further information on the steps that the Proprietor will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading "Remedies limited" in these Website Terms of Use below.
Security
We will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Proprietor.
The Proprietor may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as the Proprietor considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
INTELLECTUAL PROPERTY
Copyright
In these Website Terms of Use, the term "Proprietary Content" means:
- this site;
- all of its content (including all of the text, graphics,photographs, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and
- all software, systems and other information owned or used by the Proprietor in connection with the products and services offered through this site (whether hosted on the same server as this site or otherwise).
All Proprietary Content is the property of the Proprietor or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent of the Proprietor or other copyright owner (as applicable).
You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
Trademarks
The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Proprietor. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Proprietor.
User Content
In these Website Terms of Use, the term "User Content" means any and all content that is submitted, posted or otherwise added to this site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.
This site contains some features that enable you and other users to upload User Content. The Proprietor reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
- represent and warranty to the Proprietor that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
- grant to the Proprietor a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at the Proprietor’s absolute discretion.
Copyright claims
If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROPRIETOR AND ITS EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This site is provided strictly on an "as is" basis. To the maximum extent permitted by law, the Proprietor and its employees, agents, consultants, contractors, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:
- the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
- this site will meet your requirements or expectations;
- anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
- the quality of any products, services, information or other material purchased or obtained through this site will meet any particular requirements or expectations;
- errors or defects will be corrected; or
- this site or the servers that make it available are free of viruses or other harmful components.
LIMITATION OF LIABILITY
Exclusion of liability
To the maximum extent permitted by law, the Proprietor and its employees, agents, consultants, licensors, partners, contractors and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by you or any other person.
Remedies limited
To the maximum extent permitted by law, the Proprietor and its employees, agents, consultants, licensors, partners, contractors and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Proprietor's sole discretion):
- in the case of goods, to any of the following:
- the replacement of the goods or the supply of equivalent goods;
- in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
Release
You agree that your use of this site is at your own discretion and risk. You agree to release the Proprietor and its employees, agents, consultants, licensors, contractors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this site by you or any other person. The Proprietor may plead this release as a bar and complete defence to any claims or proceedings.
Force majeure
To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, the Proprietor excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of the Proprietor, and the Proprietor shall be entitled to a reasonable extension of time for the performance of such obligations.
GENERAL
Interpretation
In these Website Terms of Use, the following rules of interpretation apply:
- headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;
- these Website Terms of Use may not be construed adversely against the Proprietor solely because the Proprietor prepared them;
- the singular includes the plural and vice-versa;
- a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
- the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.
Notifications
The Proprietor may provide any notification for the purposes of these Website Terms of Use by email.
Costs
Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use.
Assignment
You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without the Proprietor's prior written consent.
The Proprietor may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.
No waiver
Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Proprietor to act with respect to a breach by you or others does not waive the Proprietor's right to act with respect to that breach or any subsequent or similar breaches.
Severability
The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
Variation
The Proprietor reserves the right to amend these Website Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the products/services offered through this site.
You may only vary or amend these Website Terms of Use by written agreement with the Proprietor.
Governing law and jurisdiction
These Website Terms of Use will be governed in all respects by the laws of Victoria. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal from them.
- – Prohibited conduct
YOU MUST NOT:
- use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
- engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
- use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
- use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
- use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;
- use this site by any automated means;
- use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
- access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
- interfere with the display of any advertisements appearing on or in connection with this site;
- reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
- reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;
- falsely imply that any other website is associated with this site;
- do anything that leads, or may lead, to a decrease in the value of the Proprietor's intellectual property rights in this site;
- use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
- release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Proprietor without the Proprietor's prior written consent; or
- use this site to transmit any information or material that is, or may reasonably be considered to be:
- abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, disparaging, violent, vulgar, profane or discriminatory based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability or otherwise objectionable or offensive in any way;
- libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
- infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
- in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
- in breach of any person’s privacy or publicity rights;
- a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
- in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
- containing any political campaigning material, advertisements or solicitations; or
- likely to bring the Proprietor or any of its staff into disrepute.