The terms and conditions outlined below (“Terms of Use”) make up a legally-binding agreement between FIND A CATERER (“We”, “Us”) and you (“Registered User”,”User”).

These Terms of Use cover your legal rights, obligations and define your limits while you actively use and interact with the FIND A CATERER Website accessible via www.caterer.com.au and while you enter into online agreements with users of the Website who are offering services (a “Business Service Provider”, “Providers”) and users of the Website who are seeking services (a “Service Customer”, “Customer”) where “Services” constitutes to any type of work needed to complete a Job requested by the Service Customer typically but not limited to catering.

Find a Caterer acts as an online hub to connect Service Customers to the Service Providers by facilitating the distribution and publication of user submitted information.

By accessing or using the Services in this Website, you verify that you have the authority to enter into these terms of use and that you have read and agreed to the terms of use, regardless whether you have clicked on “Complete Quote Request” as a Service Customer or “I acknowledge that I have read and accept the Terms of Use” as a Service Provider. If you do not agree to be bound by these terms of use, you must stop using this website and the services immediately.

We may review and update this agreement from time to time to adhere to our common practices, procedures and obligations. This may occur at any time without any notice. Any amendments to the terms of use will be effective immediately and by continuing to use the Website, you agree to accept and be bound by the updated Terms of Use. To comply with these Terms of Use, we recommend that you check this document regularly.

HOW FIND A CATERER WORKS?

FIND A CATERER acts only as an online hub to connect prospective Service Customers needs to the services of the Business Service Providers by facilitating information between the two parties. Customers will receive quotes from Providers regarding their job and enter into transaction agreements with Providers of choice to engage in their Services.  Should you choose to enter into an agreement with a provider of your choice, these agreements will be subject to the Provider’s own Terms and Conditions.

Such transaction agreements are bound only between the Customer and the Provider and both parties acknowledge that FIND A CATERER acts only as a neutral facilitator and has no direct participation in these agreements.

REGISTRATION

By registering for an account on the Website you certify that you are over the age of 18 and have the authority to enter into the Terms of Use as either a User seeking the services of a Business Service Provider or a business User offering services to a prospective Service Customer. You may not have more than one active personal account and you are prohibited to sell or transfer your FIND A CATERER account to another party without written consent from FIND A CATERER. 

You acknowledge and agree that you will NOT use the Website for purposes other than its intended use including the attempt to copy, reverse engineer or reconstruct any part of or other versions of the Website in any type of platform for self-gain unless you have written consent from FIND A CATERER.

You accept to be bound by the conditions set forth in the Terms of Use and conform to the use of the Website and Services that do not violate all local, state and federal laws.

To access certain customer support features you are required to submit personal identifiable information about yourself and agree to any information you provide to FIND A CATERER will always be correct, accurate and kept up to date.  

You agree to take personal accountability and responsibility for maintaining the confidentiality of any username, passwords and personal identifiable information you may need to access the Website or retrieve such information and therefore agree to notify FIND A CATERER immediately of any unauthorised use of your account and any other breach of security.

As the user of the account you will be responsible for all activities that take place under your account with or without your knowledge and whether or not you have notified FIND A CATERER of any unauthorised use.

FIND A CATERER reserves the right to terminate your account and future use of the Website should you violate any of the conditions set forth in the Terms of Use

CODE OF CONDUCT

By interacting and participating in the Services of FIND A CATERER you agree to:

General

Must not use the FIND A CATERER Website to:

1. 1. 1. 1. Conduct, promote or provide information about illegal activities;
         2. Mislead, abuse, harass, threaten, defame or otherwise offend others;
         3. Engage in or promote any surveys, contests, pyramid schemes, unsolicited emails or spamming;
         4. Impersonate or create a profile for someone else or entity other than who you represent;
         5. Solicit passwords or personal information for malicious intent;
         6. List any jobs that are fictitious, phony or bogus that may lead other Service Providers believing it is a legitimate job;
         7. Act as a catering broker to quote on jobs and on-sell jobs to other Business Service Providers.
         8. Repost jobs from FIND A CATERER to any other third-party platform.

Not to engage in the following prohibited activities such as:

1. 1. 1. 1. Copy or Mirror any part of the FIND A CATERER Website without prior written consent to do so;
         2. Using robots, spiders, other devices or processes to trawl the Website to collect information in any way;
         3. Modify, translate, sell, disassemble or reverse engineer and part of the FIND A CATERER Website and its Services with exception only permitted by law;
         4. Using references to FIND A CATERER to direct other people to any other website unless you have written authorization to do so.

For Service Customers

You agree to:

1. Only post honest and fair comments and reviews in your feedback relevant towards the Service and Customer Service you experienced from Business Service Providers by conforming to the Review Guidelines;

1. Only list legitimate jobs to be quoted for in the FIND A CATERER Website and prohibited from listing any jobs that are fictitious, phony or bogus;
2. Conduct your own due diligence prior to accepting or entering into any transactional agreements with Business Service Providers listed on the website;
3. FIND A CATERER has no obligation to verify the information listed on each Business Service Providers profile page to be accurate and correct and Service Customers are encouraged to verify this information with each Business Service Provider prior to entering into any business dealings;
4. To be contacted only by Business Service Providers by Phone or Email who have provided you a quote through FIND A CATERER for the purpose of a follow up to your enquiry;
5. and acknowledge that Business Service Providers represent themselves as an entity and have their own terms and conditions should you choose to engage in any business dealings with them, they do not hold or represent FIND A CATERER PTY LTD in any way.
6. You are NOT a Service Provider posing as a genuine Service Customer listing jobs in order to seek quotes in to subcontract work to other Business Service Providers for financial gain or any other reason.

For Business Service Providers

You agree to:

1. Only list accurate information in relation to your entity and the services you provide including quotes;

1. Only post honest and fair comments in response to the feedback from Service Customers by conforming to the Review Guidelines;

1. Treat any personal information relayed onto you from FIND A CATERER on behalf of Service Customers regarding a potential job as private and confidential;
2. Forbidden to on-sell or pass on Service Customer’s personal information to other companies without consent from FIND A CATERER or the Service Customer;
3. Provide all the services that you have quoted for as a company listed on FIND A CATERER and NOT SUBCONTRACT out.
4. You are in fact a Business Service Provider providing a service in catering and not a Broker or Booking Agent who will on-sell jobs or subcontract out to other Business Service Providers;
5. Become solely responsible should you choose to go into a transactional agreement with a Service Customer and any work to complete under that agreement;
6. Become solely responsible for keeping up to date your legal requirements in running a business including but not limited to insurances;
7. Represent yourself as an entity and in no way do you represent FIND A CATERER when you contact a potential Service Customer.
8. Not pose as a Service Customer listing a fictitious, phony or bogus job in an attempt to leave false reviews.
9. Not pose as a Service Customer in an attempt to list jobs on the Website to subcontract to other Business Service Providers for financial gain or any other reason.

FIND A CATERER has no obligation to monitor any members’ use of the Website. However, we reserve the right to audit, monitor, retain and disclose any information necessary at times to satisfy any Government, State and Federal Law.

MEMBERSHIP/SUBSCRIPTION FEES

Fees for Business Service Providers

It is free to join FIND A CATERER and create a business profile, list services to be offered and browse prospective job leads from Service Customers. However, FIND A CATERER charges various premium monthly renewal subscription plan fees in exchange for access to member benefits. FIND A CATERER may in the future offer additional services of benefit to Business Service Providers and reserve the right to charge fees for such Services.

Fees for Service Customers

It is free to join FIND A CATERER and create a profile account and list prospective jobs to be quoted on by Business Service Providers, obtain and request quotes and browse the list of Business Service Providers.

Automatic Renewal Policy

In order to provide uninterrupted service, FIND A CATERER will automatically renew all paid subscriptions for services 24 hours prior to subscriptions expiring. Prior to purchasing we will always inform you of the renewal periods and communicate this via your previous invoice. You acknowledge and agree that your account is subject to automatic renewal described here on in. You agree to pay all fees incurred to your account based on FIND A CATERER’s fees structure and billing terms. For any reason, if FIND A CATERER cannot charge your credit card or secure payment through other payment methods successfully prior to the expiration of your subscription. FIND A CATERER reserves the right to enter your account into a grace period at which access to your account and Services will be limited or terminated. By entering into a subscription service, you are consenting FIND A CATERER to bill you all the fees and charges that apply when using this Website. These fees and charges will be billed directly to your credit card or other payment method presented at the time of purchasing a subscription service. If you do not wish to renew automatically, you may at any time cancel your subscription no less than 3 days prior to the renewal date to avoid getting charged for the next renewal cycle.

1. Three Strike Policy

   In the event where multiple Service Customers file a complaint towards a Business Service Provider in regards to not following through with the transactional agreement, rude, offensive behaviour, vulgar or profane language or in any way a measure of conducting their business unfairly towards Service Customers, a Strike will be marked against the Business Service Providers account. If a Business Service Provider re-offends three times, FIND A CATERER reserves the right to restrict access to or terminate the account of the particular user. Re-instating any accounts will be entirely at the sole discretion of FIND A CATERER.

CANCELLATION

You may at any time cancel your registration or subscription to any of FIND A CATERER’s Services or renewal period by submitting a cancellation request no less than 3 days prior to your auto renewal billing date.  You can submit a cancellation request by phone or in writing to FIND A CATERER’s contact details. At which case, your subscription will terminate immediately or at the end of the subscription term for which you have paid.

Any cancellation requests with less than 3 days’ notice prior to the auto renewal billing date will not be processed until the next billing cycle.

REFUND POLICY

Any account cancellations will be effective immediately or at the end of the subscription term for which you have paid.

Month-to-Month subscriptions

Month-to-Month subscription purchases and renewal periods are final and are strictly non-refundable.  

Quarterly, Half Yearly and Yearly subscriptions

Quarterly, Half Yearly and Yearly subscriptions are refundable however only apply to the remaining unused portion of the subscription. Quarterly, Half Yearly and Yearly subscriptions will attract a penalty fee for each of the remaining unused months and will be deducted prior to any refunds being processed. All refunds will take up to 30 days to process.

Penalty fee

The penalty fee will be dependent on each plan and calculated based on the difference between the full price month-to-month rate and the lower month-to-month rate based on either the Quarterly, Half Yearly and Yearly subscriptions and will be applied to each of the unused months left in the subscription period.

E.g. If you held a Yearly Subscription plan and cancelled your subscription at the end of month 5. You will have 7 months of unused months eligible for a refund. If the difference between the full price month-to-month rate and the lower month-to-month rate based on a yearly subscription is $20. The penalty fee owing will be $20 multiplied by 7 months.

Penalty Fee = (Month-to-Month Difference x Unused Months)

BREACHING TERMS OF USE AND TERMINATION OF ACCOUNT

At any time should you be found to be in breach of or violate the Terms of Use, FIND A CATERER reserves the right for any reason or no reason at all and without explanation to immediately enter your account into a grace period indefinitely whereby your privileges to access the Services will be suspended or your account immediately terminated without notice. In the event of your account entering into a grace period or being terminated, you agree that all fees paid to FIND A CATERER are deemed non-refundable. FIND A CATERER will notify you of the reason for entering your account into a grace period and will immediately undergo a review. Any reinstating of account access and privileges will be granted at the sole discretion of FIND A CATERER and upon a case by case review bases determining the outcome. All outcomes determined by FIND A CATERER are deemed to be final.

FEEDBACK AND REVIEW FEATURE

FIND A CATERER adopts a user feedback system to provide an overall performance and satisfaction rating of individual Business Service Providers from Service Customers. Whereby Service Customers may voluntarily post comments, compliments, reviews and other opinions regarding the serviceability of the Business Service Providers listed on the Website and where Business Service Providers can respond. By using this feature you agree to post reviews as outlined by the Review Guidelines

As a Business Service provider, you agree that Service Customers whom agree to use your services are able to post such feedback and opinions regarding your customer service and serviceability while conducting your business. All user submitted information for feedback purposes is considered to be non-proprietary and such information is accessible publicly on the Website and FIND A CATERER has the right to use such information without any limitation.

It is expected that users only post comments and reviews that are deemed acceptable, fair, honest and justifiable. FIND A CATERER does not guarantee that all comments and reviews posted will adhere to this obligation. FIND A CATERER reserves the right to audit, hide and withdraw any comments deemed unfair, offensive, unlawful, harmful, profane, defamatory, malicious or equally comparable to protect its’ users.

If any users are found to continually post any of the outlined above unjustifiable negative feedback FIND A CATERER can at any time and without prior notice terminate the account of the user and deny access to its Services and Website.

PROPRIETARY RIGHTS

FIND A CATERER owns all intellectual and other proprietary rights associated in the Website and Services including but not limited to the software, profile questionnaires, graphics, photos, videos, sound, any trademarks, copyrighted information and logos (for the most part known as ‘Proprietary Information’). By using the Website, you acknowledge that you are prohibited from posting, copying, modifying, forwarding, reproducing, displaying in public and making commercial use of any other derivative works of the Proprietary Information unless you have prior written consent from FIND A CATERER.

Registered users of FIND A CATERER may submit information when using the Website. Such information is the sole responsibility of the particular person or entity that submitted the information and the consequences of posting it. All submitted information is identified as copyright protected whether it has copyright protection or not with the exception of User submitted Feedback and Reviews. Where copyright ownership belongs to a Third Party, you are obligated to attain the necessary rights before using such information.

You acknowledge by voluntarily submitting information or content to the profile pages or common areas of the Website you certify you have the right to grant and therefore expressly grant FIND A CATERER with an irrevocable, perpetual, royalty free license to use, communicate, reproduce and publicly display for commercial purposes and any other purposes all the information you have submitted.

COMMUNICATION

FIND A CATERER may from time to time use your email address to send you messages notifying you of any important changes to our Services or special offers and promotions. If you have voluntarily provided us with your telephone number, we may use this as an alternate source of contacting you regarding our Services. If you do not want to receive such email messages or telephone calls you can notify us with our contact information at the end of this agreement.

THIRD PARTY WEBSITES/ADVERTISING

The Website introduces links to websites of third-parties’ businesses, including without limitation advertisers. FIND A CATERER has no control over these websites and is therefore not responsible for the content including pictures, videos, text, and links of the linked business or advertiser.

These links are provided to you for convenience and by introducing these links it does not imply that FIND A CATERER endorses or accepts any responsibility for the services provided by these businesses and advertisers. Your business dealings with these businesses or participation in the promotions or offers from advertisers are solely between you and the Third Party and FIND A CATERER has no direct or indirect involvement with such dealings. You agree that FIND A CATERER accepts no responsibility for any loss or damages incurred as a result of such dealings.

DISCLAIMER OF WARRANTIES

You understand and acknowledge that the Services is provided on an “as is” and “as available” basis and FIND A CATERER does not accept any responsibility for the prompt or delayed delivery, accuracy or existence of information between users.

FIND A CATERER does not warrant that the Services will be secure, uninterrupted, defect-free or will meet your requirements. Furthermore, will not warrant any information or content obtained from the use of the Website including the facilitation of user submitted information will be correct, accurate or reliable.

In using the Services, you may agree engage in the Services provided by another entity, your choice to involve yourself in these Services will be subject to separate terms between you and the entity involved. You agree that FIND A CATERER has no selection over which entity you choose to involve and you use these Services at your sole discretion and risk.

LIMITATION OF LIABILITY

You acknowledge and agree that you use FIND A CATERER Services at your own risk and FIND A CATERER will not be responsible for or accept any liability in relation to any direct or indirect damages including but not limited, to loss of profits, loss of data, service interruptions, even if FIND A CATERER knows of or has been advised of the possibility of such damages. While FIND A CATERER undertakes initial limited screening of businesses registering for the Services, FIND A CATERER accepts no responsibility in relation to the conduct of these businesses towards future users of the Website and Services. Under no event will FIND A CATERER be liable for any damages whether directly or indirectly relating to the conduct of you or anyone else in connection with the use of the Website or Services including but not limited to financial loss, emotional distress, breakage of personal items or other damages resulting from business dealings with other Service Customers or Business Service Providers including Advertisers linked on our Website. You acknowledge and agree that FIND A CATERER makes no representations towards the accuracy of information provided by users of the Website and have no liability to you resulting from incorrect information.

INDEMNIFICATION

By accepting this Terms of Use agreement, you agree to indemnify FIND A CATERER PTY LTD including its directors, employees, contractors, officers, agents and other partners from any liability, loss, damage, cost and expenses (including reasonable legal expenses) resulting from your use of the Services or any unauthorised use of your account resulting in alteration of your communications with other users through the Services, the use of information submitted by you and any breach to the Terms of Use by you. Any business agreements or transactions, which may arise between users through the use of FIND A CATERER and its Services are the sole responsibility of the parties involved.

COMPLAINTS AND DISPUTES

If you have an issue or complaint regarding the Website or Service, please consult the Frequently Asked Questions page (FAQ). Following this, if your issue or complaint has not been resolved you could contact us by email OR write to our mailing address below.

FIND A CATERER has no direct or indirect involvement with transactional agreements between Service Customers and Business Service Providers and we only act as a neutral facilitator of information between both parties. Both parties will be jointly responsible to resolve any issues or disputes that may arise as a result from entering into a transactional agreement.

FIND A CATERER treats Complaints with the utmost seriousness and operates a Three Strike Policy in order to only list quality Business Service Providers. In the event that multiple complaints have been marked against a Service Providers account, FIND A CATERER reserves the right to terminate the account of the service provider to supply its users with only Quality Service Providers.