Terms & Conditions
Below are our company terms and conditions. If you have any queries, please feel free to contact us and we will be more than happy to assist you.
1. DEFINITIONS
“Booking
Confirmation” means the written confirmation of booking provided by WL in
response to the submission of any Booking Form;
“Booking
Form” means the booking form provided to a person for completion following
provision by WL of a Quote for an Event;
“Event”
means the event or occasion for which WL is engaged;
“Event
Date” means the date of the Event;
“Fee”
means the fee payable for WL’s services;
“T&Cs”
means these terms and conditions;
“Quote”
means a written quote for services provided by WL following submission by any
person of a Quote Form;
“Quote
Form” means the form downloadable at the Website for use when requiring a quote
for services from WL;
“Quote
Validity Period” means the period of 30 days from provision by WL of the Quote;
“Website”
means the website relating to WL located at URL www.whitelime.com.au
“WL”
means White Lime Pty Limited of 201 West Wilchard Rd, Castlereagh. 2749
2. TERMS AND CONDITIONS
(a) These T&Cs apply in
respect of all users of the Website (to the extent applicable) and to all customers
of WL.
(b) If any terms and conditions
are included on or within the Quote Form or the Booking Confirmation, then to
the extent such terms and conditions conflict with these T&Cs, the terms and
conditions on the Quote Form or Booking Confirmation will take priority.
3. REQUESTING A QUOTE FOR SERVICES
(a) Please feel free to call WL
direct to discuss our services. If
you want to request a quote for the provision of services, please complete a
Quote Form, providing all relevant information, and submit it online via the
Website or provide it by email to the email address provided on the Website.
(b) If WL requires further
information to provide a proper Quote, WL will call or otherwise contact you to
obtain this information. WL will
provide a written Quote to you within seven days of receipt of the Quote Form
or (if applicable) additional required information.
(c) The Quote is based on the
information you have provided to WL, and may change if the information is
incorrect or changes. WL is not
bound by any Quote given unless the information on which the Quote is based
remains accurate.
(d) If you do not complete and
submit your Booking Form (based on the Quote) within the Quote Validity Period,
you will need to request a further Quote.
4. ENGAGING WL TO PROVIDE SERVICES
(a) If you want WL to provide
services as set out in any Quote, you must complete a Booking Form within the
Quote Validity Period. If the
Booking Form is submitted after that date, WL has the right in its discretion
to provide a new Quote, which may be different from the initial quote
given. If the new Quote is
different, WL will use reasonable endeavours to explain why changes have been
made. Any subsequent Quote supersedes
the previous quote(s).
(b) If WL requires any further
information not contained within your Booking Form, WL will request this from
you.
(c) If WL accepts the booking
as set out in the Booking Form, WL will provide a written Booking Confirmation
within seven days of receipt of the Booking Form or (if applicable) additional
required information.
(d) Where applicable, the
Booking Confirmation will detail prices which are estimates and/or subject to
change (such as, but not limited to, prices for food which rely on fresh
ingredients). In such
circumstances you acknowledge and accept that the actual price charged may
differ from the estimate provided. WL will notify you in advance if the
difference in price will be greater than 10% of the original estimate, and,
subject to the remainder of these T&Cs, where possible and requested by you
WL will suggest possible changes or substitutions in the relevant goods and/or
services.
(f) The Fee will include all
costs related to the provision of the Services, including provision of catering
and ingredients, unless otherwise notified to you by WL.
(e) In order to engage WL you
must provide 50% of the total Fee stated in the Booking Confirmation. Payment may be made by cheque, money
order, EFT or paypal, and must be received in cleared funds by no later than one
month before the Event, unless otherwise agreed by WL.
(f) A further 30% of the total Fee
must be received in cleared funds by WL by no later than one week prior to the
Event Date.
(g) WL will advise you in
writing of any changes in price estimates within 48 hours of the conclusion of
the Event.
(h) The balance of the Fee,
including any additional sums due as a result of price changes to estimates, is
payable within four business days of the Event Date.
5. PERFORMANCE OF THE CONTRACT
(a) WL’s provision of services
pursuant to the Booking Form and Confirmation shall in each instance be subject
to the availability of the customer’s choice of venue, location, food and other
arrangements.
(b) WL’s provision of services
will be subject to interference encountered by WL from any third party
providing services to the customer in respect of the Event.
(c) WL may in its absolute
discretion agree (or reject) any changes to arrangements requested by the
customer following confirmation of booking.
(d) The customer is responsible
for the behaviour of the customer, staff or contractors not provided by WL,
guests, invitees and all other third parties in respect of the Event, including
in respect of WL’s services, equipment or other items utilised for the Event,
use of the venue.
(e) The customer is liable for
any loss and/or damage suffered by WL, its officers, staff and representatives,
and for any loss and/or damage suffered by the venue or in respect of equipment
or other materials provided in respect of the Event, and for loss and/or damage
suffered by any entity in relation to the Event, unless (and to the extent)
such loss or damage is actually caused by WL, its officers, staff or
representatives.
(f) WL reserves the right to
substitute ingredients where necessary in the provision of catering, provided
that the nature of the dish is not materially altered and provided that WL will
use reasonable endeavours to notify the customer of the same.
(g) The customer is liable for
informing WL of any food or other allergies suffered by any person or for which
WL is expected to cater, as part of the information contained on the Booking
Form. Such notification shall be
in writing where indicated on the Booking Form. WL has no liability in this regard save where WL has
provided food in contradiction of the customer’s direction.
6. CANCELLATION OF BOOKING
(a) Cancellation prior to the date
which is one month before the Event will not incur any fee payable by the
customer to WL.
(b) If the customer cancels:
(i) within the period which is one
month prior to the Event the customer shall be liable for and shall immediately
pay to WL (to the extent not previously received) 50% of the total Fee, unless
otherwise agreed by WL in writing; and
(ii) seven days or within seven
days before the Event, the customer shall be liable for and shall immediately
pay to WL (to the extent not previously received) 100% of the total Fee, unless
otherwise agreed by WL in writing.
(c) In each instance of
cancellation by the customer the customer shall reimburse any third party costs
incurred by WL on the customer’s authority.
(d) WL will use best efforts
not to cancel a booking, although WL shall be entitled to cancel in its
discretion in circumstances where the customer has not paid sums due to WL on
time or WL believes the customer may fail to pay any such sums, or if WL has
reasonable concerns as to the nature of the Event and/or activities to be held
at the Event.
(e) WL’s maximum liability to
the customer in respect of any breach by WL of its agreement with a customer
shall be limited to an amount equivalent to the total fee payable to WL
pursuant to such agreement. To the extent permitted by
law, any liability of WL under any statutory or implied condition or warranty,
which cannot legally be excluded, is limited to:
(i) in the case of goods, the
replacement of the goods or the supply of equivalent goods; the repair of
goods; the payment of the cost of replacing the goods or of acquiring
equivalent goods; or payment of the cost of having the goods repaired; and
(ii) in the case of services,
supplying the services again; or paying the cost of having the services
supplied again.
7. GENERAL
(a) WL shall be entitled to
take photographs and/or audiovisual footage of an Event solely to the extent
required to showcase WL’s services, and solely for promotional purposes in
respect of WL’s business.
(b) The parties shall keep the
terms of any booking confidential, and shall only disclose such terms with the
prior written consent of the other.
WL shall be entitled to disclose terms to its staff or representatives
as necessary to provide the services.
In the event that any information known to be confidential becomes known
about one party by the other party (or their respective representatives) such
recipient party shall keep such information confidential. All information relating to WL’s
business practices is deemed confidential save to the extent in the public
domain.
(c) WL owns the copyright in
any quotes, proposals, plans, menus, information and/or materials created by or
on WL’s behalf relating to any Event.
For the avoidance of doubt WL shall (notwithstanding (b) above) provide
sample menus to potential customers on a non-exclusive basis.
