Terms & Conditions

SIMON EKAS CATERING PTY LTD — TERMS & CONDITIONS

Catering Booking Terms and Conditions & Website Terms and Conditions of Use made in respect to the services of Simon Ekas Catering Pty Ltd located at 2/66 Whiting Street Artarmon 2064 appear below.

Deposits & Payment

Simon Ekas Catering requests 100% payment prior to the date of your event. We reserve the right to cancel the event if payment is not made.

Please note the terms of all invoices are 7 days. Deposits and payments are detailed as follows:

Upon acceptance of your quote an invoice will be issued requesting a 25% non-refundable deposit of the total amount quoted to you by Simon Ekas Catering. Payment of this invoice secures your booking and allows Simon Ekas Catering to commence organisation and booking of any additional services that your event may require. Without a 25% deposit Simon Ekas Catering cannot hold your event date or guarantee availability of services originally quoted by us.

100% of the total amount quoted to you by Simon Ekas Catering is required 7 days prior to your event date (along with confirmation of guest numbers - see below). Should you wish to pay by EFT, please allow 4 working days for funds to clear into our account.

Upon the completion of an event, a final tax invoice reflecting supplementary costs or credits such as final guest numbers, staff hours and where relevant equipment hire and equipment hire breakages, losses or shortfalls will be issued. Final invoice must be paid within 7 days from dated invoice.

Method of Payment

We accept Visa, Mastercard and American Express (surcharges apply) or payment by electronic funds transfer. Payment 21 days and over invoice due date will incur a 10% fee of the outstanding balance.

Confirmation & Changes to Final Numbers

To maintain our renowned standard and level of service we require confirmation of final guest numbers are required 14 days prior to the event. From this date we cannot accept decreases but will accept increases in guest numbers up to 48 hours prior to the event. The final invoice issued by us will reflect the confirmed number of guests.

Venues & Staff Charges

Prior to your event, Simon Ekas Catering and you will agree a ratio of guests to staff in order to determine the number of staff required to be hired for your event. Where hired staff are required an estimate of costs will be included in the event quote. Pleasenote all staff are booked for a minimum of 4 hours. Should an event extend beyond the agreed finish time, you will be responsible for any additional venue or staff charges. Waitstaff that stay beyond 12am Saturday evenings accrue additional hours at time and a half.

Hired Equipment

Simon Ekas Catering will happily arrange the hire of any additional items that may be required for an event. Hired items, as agreed by you will be reflected in your final invoice. You will be responsible for any shortfalls, losses or guest breakages of hired items.

Dietary Requirements

Except to the extent that a meal is expressly stated to be gluten free, vegan or vegetarian, we cannot guarantee that our meals will meet the requirements of those with intolerances, allergies or religious or cultural food requirements. It is your responsibility to check all the ingredients in any product listed on our menu provided prior to ordering that food item and if all ingredients are not apparent, then to make your own further enquiries to us in that regard. Please note that our kitchen is not nut, gluten or dairy free and that trace amounts may or may not be present in any food produced on site.

Cancellations

A cancellation is required in writing. Where an event is cancelled within 21 days or less from the booked date a minimum cancellation fee of 50% of the total amount quoted to you by Simon Ekas Catering will apply to the cancelled event. Where an event is cancelled within 7 days or less from the date a cancellation fee of 80% of the total quoted to you by Simon Ekas Catering will apply.

Limitation of Liability

Whilst all Simon Ekas Catering staff take maximum care, you acknowledge and accept that we are not responsible for loss of or damage to any goods or property supplied by you or brought by you or your guests to the venue of your event, and release us from any liability in respect of such loss or damage.

Without limiting that statement, you are solely responsible for any loss or damage to the venue, furniture, fitting and equipment, be the venue a hired premise, private home or office premises. In addition, whilst we use the freshest and market best available produce, prepared under proper hygienic conditions, we accept no liability for any latent defect in any product used by us.

About the Website

Welcome to www.simonekascatering.com.au (the 'Website'). The Website (the 'Services').

The Website is operated by Simon Ekas Catering (ABN 17 155 799 330). Access to and use of the Website, or any of its associated Products or Services, is provided by Simon Ekas Catering Pty Ltd. Please read these terms and conditions (the 'Terms') carefully.

Simon Ekas Catering Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Simon Ekas Catering updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.

Acceptance of the Terms

By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Simon Ekas Catering Pty Ltd in the user interface.

The Website, the content and all of the related products of Simon Ekas Catering Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by Simon Ekas Catering Pty Ltd or its contributors.

Simon Ekas Catering Pty Ltd retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:

a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

You may not, without the prior written permission of Simon Ekas Catering Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

Privacy

Simon Ekas Catering Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or content are subject to Simon Ekas Catering’s Privacy Policy, which is available on the Website.

Third Party Links

The Website, any written communication from Simon Ekas Catering Pty Ltd including social media accounts, may contain links to third party websites which Simon Ekas Catering does not monitor, endorse, edit or review. Any access by you to any such third party websites is subject to any terms and conditions found on those websites. Simon Ekas Catering Pty Ltd does not warrant the accuracy or reliability of any information found on third party websites, nor does Simon Ekas Catering ensure that such third party websites are free from any viruses or other threats.

The Website, any written communication and social media accounts from Simon Ekas Catering Pty Ltd, may contain advertisements for third parties’ goods and / or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither Simon Ekas Catering nor its officers, employees, agents or related bodies corporate recommend or endorse the goods and / or services that may be advertised on the Website, the social media accounts or in any written communication from Simon Ekas Catering, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If you elect to order a product or service advertised on the Website, you do so at your own risk and should first make your own enquiries about the goods and / or services.

Product Liability

Please be aware that the products displayed on the Website are indicative only. Many of our products are fresh products and may therefore vary slightly due to natural variation and seasonal availability.

General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

b) Simon Ekas Catering Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

c) .We make every effort to give you accurate information. If you have any health concerns, please consult your doctor. Simon Ekas Catering will not be liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental punitive and consequential damages.

Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Simon Ekas Catering Pty Ltd make any express or implied representation or warranty about the content or any products or content (including the products or content of Simon Ekas Catering) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

b) the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);

c) costs incurred as a result of you using the Website, the content or any of the products of Simon Ekas Catering Ltd; and

d) the content or operation in respect to links which are provided for your convenience.

Limitation of liability

Certain statutory warranties under the the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“ACL”) will be implied for the benefit of consumers. Nothing in these Terms is intended to exclude or restrict the application of the ACL. Simon Ekas Catering Pty Ltd does not however give any guarantee or warranties or make any representation with respect to use of this Site outside of these laws.

Subject to claims that may be made under the ACL:

· Simon Ekas Catering Pty Ltd is not liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific, indirect, consequential, economic or any other kind of loss) however caused, even if foreseeable, and which is suffered directly or indirectly in connection with your use or inability to use this Site.

· Simon Ekas Catering Pty Ltd is not liable for disruptions to this Site.

· Simon Ekas Catering Pty Ltd is not liable to you or anyone else if interference with or damage to your computer system occurs in connection with use of this Site or any Linked Site. You must take your own precautions to ensure that whatever you select for use from this Site is free of viruses or anything else that may interfere with or damage the operation of your computer systems.

Termination of Contract

You acknowledge and agree that these Terms and your access to this Site may be terminated at any time by us without notice for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. All clauses in these Terms which are stated or intended to continue after termination will continue to apply. Simon Ekas Catering Pty Ltd will not be liable to you or any third party for any termination of your access to this Site.

Indemnity

You agree to indemnify Simon Ekas Catering Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with, directly or indirectly, your use of the use of the Website and/or breach of these Terms.

Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Changes to these Terms

We reserve the right to change these Terms at any time. The current version of the Terms will always be posted on this Site, and will cancel and replace any previous version(s). By continuing to use this Site after the posting of such changes, you agree to be bound by the changes.

Contact Information

If you have any concerns about material that appears on this Site, please contact Simon Ekas Catering Pty Ltd in accordance with the details set out below.

Simon Ekas Catering Pty Ltd

ABN17 155 799 330

Address: 2/66 Whiting Street Artarmon NSW 2064 Australia

Email: events@simonekascatering.com.au

By using the the website / or services provided by Simon Ekas Catering Pty Ltd, or otherwise providing Simon Ekas Catering with your information, you consent to Simon Ekas Catering collecting, holding, using and disclosing your personal information in accordance with this privacy policy.

This privacy policy (“Policy”) explains how the Company protects the privacy of individuals and summarises how the company collects, uses and discloses personal information about individuals. “Personal Information” is information that identifies you, or information by which your identity can reasonably be ascertained.

The Company is bound to comply with the Privacy Act 1988 and the Australian Privacy Principles (“APPs”) that regulate the handling of personal information about individuals.

Collection of personal information

Simon Ekas Catering Pty Ltd will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms.

How Simon Ekas Catering collects information and what Simon Ekas Catering collects

We collect personal information directly from you when you.

• engage Simon Ekas Catering to provide you with a service;

• contact us by email, phone or the Simon Ekas Catering social media account;

• enter a contest or other trade promotion; or

• visit the Website or social media accounts operated by Simon Ekas Catering

• We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy

When you perform the following activities, we may collect the following information:

• when you subscribe to a list, engage Simon Ekas Catering to provide a service, or enter a competition, Simon Ekas Catering may collect your name, address, date of birth, email, phone number, or other information you disclose to Simon Ekas Catering;

• when you visit the Website or view Simon Ekas Catering’s social media accounts, Simon Ekas Catering may collect statistical information which analyses your online and offline preferences, habits, movements, trends and other information for statistical purposes.

• There may also be occasions when we collect personal information (to the extent it is available) from publicly available sources, including social media platforms such as Facebook or Twitter. Sometimes, we may provide content and services on a range of platforms (including social media networks) with interactive features to which you may contribute. If you post your personal information in publicly accessible places or social media platforms, your personal information will become publicly available (subject to, where applicable, any privacy settings you have in place in social media platforms). We will not be responsible for the protection of personal information you choose to publish this way.

•

When you visit the Website or download any information from it, our Internet Service Provider makes a record of your visit and may record the following information:

• your Internet address;

• your domain name;

• the date and time of your visit to the Website;

• the pages on the Website that you visit;

• the type of browser that you are using; and=

• links from other sites that you have accessed in order to access the Website.

Simon Ekas Catering uses this information for website development purposes and the data is displayed to us as a statistic, without reference to your name.

The Website contains links to other websites and Simon Ekas Catering is not responsible for the privacy practices adopted on other websites.

Storing your personal information and security

Simon Ekas Catering stores your personal information using secure servers protected from unauthorised access, modification or disclosure.

If you use the Internet to transmit to Simon Ekas Catering any information, including your email address and contact information, you do so at your own risk. There are security risks in the use of the internet.

While we make every effort to protect your personal information, you acknowledge that the personal information you voluntarily share with Simon Ekas Catering through the Website could be accessed or tampered with by a third party. You agree that Simon Ekas Catering is not responsible for any intercepted information shared through the Website without our knowledge or permission. You agree to release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorised manner.

Use of your personal information

Simon Ekas Catering Pty Ltd may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.

Simon Ekas Catering Pty Ltd may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.

Direct Marketing

We may use your personal information to engage in direct marketing activities.

Direct marketing activities undertaken by Simon Ekas Catering Pty Ltd may include distribution of newsletters, promotional information and correspondence advising you about special events or accommodation rates. If you do not want to receive emails and/or other communications from us you can tell us by contacting us as detailed in this Policy or as detailed in any direct marketing communication that you receive from us.

Simon Ekas Catering Pty Ltd may also disclose your personal information in the following circumstances:

• We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.

• to third party websites when you have clicked on a link from the Simon Ekas Catering website to be sent to their website;

• to sponsors or organisers of competitions to allow them to collect information about the entrants or award the prize of the competition.

• to employees, a related company and professional advisors;

• We may from time to time need to disclose personal information to comply with a legal requirement, such as law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.

• We may also use personal information to protect the copyright, trademarks, legal rights, property or safety of Simon Ekas Catering Pty Ltd www.simonekascatering.com.au it customers or third parties.

• If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law; our databases, together with any information and non -personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.

• By providing us with your personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.

Simon Ekas Catering may use and/or disclose your personal information for other purposes that are secondary to the purpose for which we collected it and for which you would reasonably expect us to use it. Our uses of personal information include, but are not limited to:

• establishing your identity;

• managing our relationship with you;

• creating and responding to accommodation or event booking requests;

• creating personal customer profiles;

• sending newsletters, publications and other promotional information to you;

• providing you with updates in relation to promotions, special events and other activities;

• providing services to you;

• conducting and improving our business and services;

• collecting and making payments;

• complying with our legal obligations, and assisting government and law enforcement agencies and/or regulators.

Access to your personal information

You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us events@simonekascatering.com.au

Complaints about privacy policy

Individuals are able to contact Simon Ekas Catering Pty Ltd and request further information about this Policy, request access to their personal information or make a request that personal information be corrected and/or updated. Individuals are also able to make a complaint about any aspect of this Policy, and/or any aspect regarding the collection or use of information by the Company, including the following:

• the kind of information collected by the Company;

• the collection process;

• the purpose for which information is collected;

• how information is held; or

• use or disclosure of information by the Company.

Further information can be requested, access to information can be requested and complaints can be made using the contact details set out below.