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Terms Of Use

Last Updated: 08/04/2016

Below are the terms and conditions for usage of Caternow website (www.caternow.com.au) managed by TecExperts Pty Ltd (ABN: 32168882139) trading as Caternow.com.au. Reference to the “website” includes www.caternow.com.au or any other web services, marketplace, software, mobile/tablet applications or media managed by Caternow.

By using the “website”, you agree with the following terms and conditions.

Our Offerings

The Caternow website is free for customers to use. Caternow provides below services through the website and apps.

- Online food and drinks ordering for pickup or delivery by participating "caterers" or “food suppliers”

- Review system where customers can read and post reviews about the food they ordered

- Participate in any competitions / quiz / survey we may run

Intellectual Property Rights

The Caternow website may include content, information or links to third parties or third party websites such as menus of local restaurants/cafes/caterers/food trucks/catering facilities, photos and reviews of their food.

All text, graphics, user interfaces, photographs, trademarks, logos, and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on Caternow is owned, controlled or licensed by or to Caternow, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

You may use information on the Caternow website only for your personal, non-commercial informational purpose. No content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Caternow's prior written consent. By submitting content to Caternow (including but not limited to restaurant reviews, ratings and comments) You grant Caternow the ownership to this intellectual property and the right to use it in any manner Caternow chooses, to the maximum extent permitted by law.

User submitted contents

You agree that if You submit ratings, suggestions, comments or questions or post any other information such as photos, videos, blogs on this site, you grant Caternow, the non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. Caternow takes no responsibility and assumes no liability for any content posted or submitted by You or by other users. You promise to Caternow that any such material provided by You does not breach the intellectual property rights of any person / company and agree to indemnify Caternow against claims of any kind arising from a breach by You of that promise, including legal fees on the indemnity basis.

Reviews and Ratings System

The Caternow reviews and ratings platform is an open forum for Caternow customers to comment on the experience they had with an order made though the Caternow ordering platform.  Caterers in turn can reply to these reviews.  Only one review per received order is permitted.

Subject to Australian Consumer Law, Caternow reserves the right to exclude any reviews and/or ratings received through this site that are not in compliance with our Content Moderation Policy. Our Content Moderation Policy allows for the exclusion of any reviews and Caterers’ replies to reviews that are: not directly related to the food supplier experience; that may be offensive, abusive, defamatory or discriminatory to customers or food suppliers; that contain external URL’s. All reviews and replies to reviews are checked by the Caternow content review team in order to ensure compliance with this policy.

The reviews and ratings provided on the website are based only upon the opinions of Caternow customers and do not reflect the views of the company. They are provided for informational purposes only and do not constitute advice.

Caternow will not remove or edit reviews where Caternow believes that doing so would be in breach of Australian Consumer Law.

Limitation of Liability

To the maximum extent permitted by law, the liability of Caternow to you for any losses (including for death, injury or illness) arising in relation to these Terms of Use or the use of our website or apps as a result of our breach of these Terms of Use or our negligence shall not exceed $500. Caternow is not liable for any consequential losses, special losses, or indirect losses, loss of revenue, unavailability of systems or loss of data arising from your use of its services, website or apps.

Caternow is not responsible for any photographical or typographical errors in relation to any detail or description of a particular caterer. Caternow takes no responsibility for any bad experiences or bad food at any of the food suppliers you ordered from. Since Caternow does not have and never will have any contractual involvement in your orders or other dealings with the Participating Food Suppliers, Caternow is not required to involve itself in the resolution of any dispute that arises between you and any Participating Food Suppliers.

Caternow disclaims any liability for the acts, errors or omissions of any third party users, advertisers or sponsors on the Caternow site. Caternow is not responsible for the products, services, actions, errors or omissions of any product or service provided by any third party, such as a Participating Caterers (Food Suppliers), in relation to the Caternow site.

For Caterers (Food Suppliers / Vendors) 

As a Caternow Partner and Caterer / Food Supplier / Vendor to the customers, you are responsible for maitaining food business licence/registration with your local council and also adhere food safety standards according to the food you serve. As a caterer you will also maintain food business insurance based on the classification of the food you serve. We may request the copy of food business licence and incurance for verification purpose.

Vouchers and promotions

Caternow may from time to time offer vouchers, promotions or gift cards to its members free of charge or for value. Caternow may from time to time permit Participating Food Suppliers to offer their own vouchers or promotions or discounts for use in conjunction with ordering their food or beverages.

Any vouchers, promotions or gift cards offered through the website or the app cannot be redeemed or refunded for cash with Caternow or use beyond their respective expiry dates.

You are solely responsible for the security of any vouchers, promotions or gift cards that you open through using the website or the app. Caternow is not responsible for any loss or damage to those vouchers, promotions or gift cards and does not have any obligation to replace them.

Caternow has no obligation to redeem any vouchers, promotions or gift cards which appear in its sole opinion to have been tampered with or forged.

Changes to these terms

Caternow may, in its discretion and subject to law, amend or otherwise modify the Terms of Use from time to time. Caternow recommends that you carefully read, each time you visit the website, the Terms of Use as they may affect your rights.

Minimum order amount

If a caterer has a minimum order amount in place, then that minimum order amount must be met after applying any discounts or specials that reduce the total order amount.

Disclaimer of warranty

Caternow is providing this site and its contents on an “as is” basis and use of this site is at your own risk. All content is believed, in good faith, to be accurate, complete, current and reliable at the date the information was placed on the site. Caternow, nor any of its respective directors, officers, employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this site (including in relation to any products or services). To the extent permitted by law, including non-excludable statutory obligations, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site. To the extent permitted by law, Caternow expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose.

Release and Indemnity

You agree to release and indemnify and hold Caternow and (as applicable) affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis, arising from or in relation to the service provided by Caternow, including those made by any third party arising out of your breach of these Terms of Use, or your violation of any law or the rights of a third party.

Governing Law

The laws of the State of Victoria and the Commonwealth of Australia govern this web site and its use. This website may be accessed throughout Australia and overseas but Caternow makes no representations or warranties that the content of this web site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this web site from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.