Terms and Conditions
1. Terms of Use
1.1 In these Terms of Use (Terms) ‘You’ and ‘Your’ refers to the person or persons that access and navigate the Service. ‘Functions & Catering, ‘us’ and ‘we’ refers to Functions and Catering Australia Pty. Ltd. (ACN ) trading as
1.2 Please read this agreement carefully – it contains terms of use that are binding on you in respect of your use of the Service. By continuing to use the Service, you accept these Terms in their entirety and agree to be bound by them.
1.3 Functions and Catering grants you the right to access and use the Service for the following permitted purposes (Permitted Purposes)
a. Creating and updating your profile;
1.4 Your right to access the Service is non-exclusive, non-transferable, and limited to the Permitted Purposes described in these Terms, or otherwise specified in writing by Functions & Catering.
1.5 Functions & Catering may revoke or cancel your right of access at any time if you fail to comply with these Terms.
2. Modification
2.1 These Terms may be varied, replaced or removed at the discretion of Functions & Catering without further notice to you
2.2 It is your obligation to ensure that you have read, understood and agree to the most recent version of the Terms available on the Service. You agree and acknowledge that your continued use of the Service will amount to renewed acceptance of these Terms as varied, replaced or removed and agree to be bound by them on each occasion that you access the Service.
3. Payments and cancellations
3.1 1 Service Options: You can find a description of our Service Options on our website, and Functions & Catering will explain which Service Options are available to you when you create an account. Service options require payment before you can access them (the “Paid Subscriptions”). We may also offer special promotional plans, memberships, or services, including offerings of third party products and services in conjunction with or through our Service. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms.
3.2 Trials: From time to time, Functions & catering may offer trials of Paid Subscriptions for a specified period at a reduced rate (a “Trial”). Functions & Catering may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law. For some Trials, we’ll require you to provide your payment details to start the Trial. By providing such details you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Trial on a recurring monthly basis or another interval that we disclose to you in advance. If you do not want this charge, you must cancel the applicable paid subscription before the end of the trial.
3.3 Billing: You may purchase a Paid Subscription directly from Functions & Catering by paying a subscription fee in advance on a monthly or yearly basis or some other recurring interval disclosed to you prior to your purchase or pre-payment giving you access to Service Options for a specific time period. Functions & Catering may change the price for the Paid Subscriptions, including recurring subscription fees from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.
4. Privacy & Security
4.1 Privacy: Your use of the Service is governed by the Privacy Policy. You agree to be bound by the Privacy Policy as a condition of your right of access to the Service. You should read the Privacy Policy carefully as it applies to personal information that you provide through your use of the Service, and contains binding terms in respect of your disclosure of personal information. By continuing to use the Service you accept the Privacy Policy and agree to be bound by the Privacy Policy where applicable
4.2 Security: You acknowledge that it is your responsibility to keep your user account and login details (including any password protected access details) secure and indemnify Functions and Catering against any claim or loss (including consequential or incidental loss or claim of breach of any privacy laws) of any kind in respect of any unauthorised access to the Service and your personal information. You must immediately notify Functions & Catering of any unauthorised use of your account or any other breach of security.
5. Confidentiality
5.1 You agree to preserve the confidentiality of any Confidential Information of any other person obtained in connection with your use of the Service. You will not, without the prior written consent of the other party, disclose or make any Confidential Information available to any third party, or use another person’s Confidential Information for your own benefit, other than as permitted by these Terms.
5.2 You agree that your obligations in respect of all Confidential Information under this clause will survive termination of these Terms
5.3 The provisions of clauses 4.1 and 4.2 shall not apply to any information which is:
a. or becomes public knowledge other than by a breach of this clause;
b. received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
c. in relation to disclosure, Confidential Information that is in your possession prior to the date that you are bound by these terms;
5.4 Notwithstanding the parties obligations in clauses 4.1 to 4.3, you agree that to the extent permitted by law, Functions & Catering is not liable to you for any breach of confidentiality resulting from disclosure of your Confidential Information that is not within the reasonable control of Functions & Catering (including any breach to Functions & Catering’s data security arising from any unauthorized third party access, intrusion or corruption of any kind to the Service).
5.5 You agree that any communications between you and Functions & Catering are Confidential Information and that you will not disclose such communications to any third party.
6. Intellectual Property
6.1 General: title to, and all Intellectual Property Rights in the Service, the underlying software and code of the Service and any documentation relating to the Service, including all content, trademarks, trade names and service marks, remain the property of Functions & Catering.
6.2 Ownership of Data: title to, and all Intellectual Property Rights in, the Data remain your property. You grant Functions & Catering a license to use, copy, transmit, store, and back-up your information and Data for the purposes of enabling you to access and use the Service.
6.3 Accuracy of the data provided by you and other 3rd party data: Functionsandcatering.com makes no claim and takes no responsibility for the accuracy of data/information which appears on the site that was provided by clients, users or other 3rd party suppliers.
7. Account Registration
7.1 In order to access some or all of the features of the Service you may be required to create an account with password access.
7.2 It is your responsibility to choose a suitably secure password and store your password safely. Functions & Catering is not liable for any loss resulting from any failure by you to secure your password details
7.3 Where the Service integrates your profile with third party social media, you agree to Functions & Catering providing your personal information to such third parties and acknowledge that your use of the Service and any third party use of your personal information is solely at your own risk.
8. Acceptable User Conduct Policy
8.1 Use for Permitted Purposes Only - you agree to only use the Service for the Permitted Purposes. You agree that you will not:
a. use the Service except in your personal capacity;
b. use the Service for any purpose that is improper, unlawful, or to post, share or transmit any material that:
i. is defamatory, offensive, obscene or otherwise objectionable;
ii. is in breach of confidentiality or privacy or of any third party’s Intellectual Property Rights:
iii. is posted, shared or transmitted for the purpose of advertising or promoting goods or services (either your own goods or services or the goods or services of any third party) without the prior consent of Functions & Catering; or
iv. is misleading or misrepresentative as to your identity or which in any way suggests that you represent, are sponsored by, affiliated or connected with Functions & Catering;
c. use the Service except for legitimate private use or in any manner which may cause damage or cause any claim to be made against Functions & Catering
d. disassemble, reverse engineer or otherwise decompile the Service or derive or create any software, applications, updates, code, mobile applications or hardware from the Service or information available on the Service, without the prior written consent of Functions & Catering;
e. copy, distribute and/or communicate the Service in any way that would infringe on Functions & Catering‘s Intellectual Property Rights;
f. attempt to access any Confidential Information of third parties or tamper with or circumvent any security procedures embedded in the Service in any way;
g. attempt to upload any malicious software to the Service, to any other user of the Service, or to any third party that hosts any element of the Service, or provides any part of the Service, including Trojan Horses, time bombs, worms, denial of service attacks, viruses, altered code, licence control utilities, software locks or other harmful codes;
h. Undertake any of the following acts:
i. Set up a fraudulent profile or a profile which contains any false or misleading information;
ii. Use other person’s pictures or private information without permission;
iii. Use the Service for illegal activities or for promoting illegal activities of any kind; or
iv. Use the Service in connection with any commercial endeavours whatsoever, including advertising or soliciting any other user to buy or sell any goods and/or services.
8.2 Communication Conditions: As a condition of these Terms, you agree to only communicate with other users of the Service (both in person and through the Services’ communication tools) for lawful and legitimate purposes. In addition to section 8(1) above, you agree that:
a. You will not communicate, post or disseminate any material unrelated to the use of the Service, including (but not limited to):
i. Offers of goods or services for sale and unsolicited commercial e-mail;
ii. Files that may damage any other person’s computing devices or software;
iii. Content or comments that may be offensive to any other users, including but not limited to, that which promotes racism or hatred of any kind or advocates the harassment or intimidation of another person;
iv. Material which involves the transmission of spam, junk mail, chain letters or any other unsolicited mass mail; or
v. Content, comments or material of any kind in violation of any law (including material that is protected by copyright or trade secrets which you do not have the right to use).
b. When you make any communication, you represent that you are permitted to make such communication, and that the communication is not misleading or deceptive in any way
c. Functions & Catering is under no obligation to ensure that the communications are legitimate or that they are related only to the use of the Service. You must exercise caution when using the communication tools available on the Service. Functions & Catering reserves the right to remove any communication at any time in its sole discretion and for any reason.
8.3 Use subject to third party terms and conditions: some elements of the Service may interface with external third party websites and resources. You agree that the Service may access, utilise and/or exchange your personal information with external third party providers, and that you agree to act in accordance with the terms and conditions of use of those third parties servers, in addition to these Terms.
You acknowledge and agree that Functions & Catering is not responsible or liable for any content or information from such websites or resources. Your correspondence and business dealings with third parties located through the use of the Service, including payment and delivery of related goods or services are solely between you and such third party. You further acknowledge and agree that Functions & Catering shall not be directly or indirectly responsible or liable for any loss or damage caused in connection with the use of these third party websites or resources.
8.4 Usage Limitations: Use of the Service may be subject to limitations imposed by Functions & Catering for any reason. You agree and acknowledge that Functions & Catering may, in its absolute discretion, limit or terminate your right of access to use the Service for any reason, and at any time
8.5 Indemnity: You indemnify Functions & Catering against: all claims, costs, damage and loss arising from your use of the Service or for any breach of these Terms or any obligation you may have to Functions & Catering, including (but not limited to) any costs relating to the recovery of costs by Functions & Catering from you.
9. Warranties & Acknowledgments
9.1 1 Authority: You warrant that you are lawfully authorised to enter into these Terms, and where you have registered to use the Service with the permission and supervision of a legal guardian, your legal guardian consents to these Terms on your behalf.
9.2 Acknowledgement: You acknowledge that:
a. You are authorised to use the Service and to access the information and Data that you input via the Service. You also acknowledge that you are authorised to access information and Data that is made available to you through your use of the Service (whether that information and Data is your own or that of anyone else).
b. To the extent permitted by law, Functions & Catering has no responsibility to any third party under these Terms and nothing in these Terms confers, or purports to confer a benefit on any person other than you. If you use the Service on behalf of or for the benefit of any other person (whether a body corporate or otherwise) you agree that:
i. You are responsible for ensuring that you have the right to do so;
ii. You are responsible for authorising any person who is given access to information or Data, and you agree that Functions & Catering has no obligation to provide any person access to such information or Data without your authorisation and may refer any requests from any third person to access information or Data to you; and
iii. To the extent permitted by law, you will indemnify Functions & Catering against any claims or loss relating to Function & Catering’s refusal or grant of access to any person, denying or permitting access to information or Data in accordance with these Terms.
c. You use the Service entirely at your own risk.
d. Your interaction with other users is entirely your responsibility. You agree that:
i. You will take all necessary precautions to protect your financial information, including credit card numbers, bank information or tax file numbers;
ii. You will ignore any and all requests to send money and report any such request to Functions & Catering immediately; and
e. Functions & Catering does not take steps to verify the personal information provided to it by you or by other users.
f. Functions & Catering does not currently conduct criminal background checks on users
g. Functions & Catering reserves the right to conduct any background check, including any criminal background check, at any time.
h. Your right to access and use the Service is granted on an “as is” basis and at your own risk.
i. Functions & Catering does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public communication services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Service. Functions & Catering is not in any way responsible for any such interference or prevention of your access or use of the Service.
j. Functions & Catering is not liable for, and does not provide you with any advice.
k. Any guidance and/or recommendation made by Functions & Catering is provided generally and Functions & Catering has no liability whatsoever for any such guidance or recommendation.
l. You remain solely responsible for complying with all applicable laws. It is your responsibility to check that storage of and access to Data via the Service will comply with laws applicable to you (including any laws requiring you to retain records).
9.3 No warranties: Functions & Catering gives no warranties about the Service
9.4 Without limiting the foregoing, Functions & Catering does not warrant that:
a. the Service will meet your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement; or
b. Functions & Catering will verify or take any steps (other than such reasonable steps specified in the Privacy Policy) to secure or verify any information published to or on the Service by you or any third party, including personal information.
10. Limitation of Liability
10.1 To the maximum extent permitted by law, Functions & Catering excludes all liability and responsibility to you or any other person, including but not limited to any loss or damage whatsoever:
a. in contract, tort (including negligence), or otherwise, for any loss (including consequential loss of information, Data, or pecuniary loss) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service;
b. arising in connection with the conduct of any other user of the Service, including through communications on the Service, during games arranged using the Service or arising at any other time whatsoever;
c. resulting from your reliance on any other user’s profile and disclosed personal information.
10.2 You agree that any claim for loss or damage suffered as a result of Function & Catering’s negligence or failure to comply with these Terms, will be limited to amounts paid by you to Function & Catering (if any) to acquire access to the Service.
10.3 Function & Catering is not responsible for the conduct of any user and in no event shall Function & Catering, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the Service or when meeting in person.
10.4 You agree to indemnify Function & Catering, its agents, officers and employees free from any liability or responsibility whatsoever, made by any third party, arising or allegedly arising out of your use of the Service, including but not limited to claims in relation to you providing any false or misleading personal information or your making of a false, misleading or inaccurate profile. If you are not satisfied with the Service, you agree that your sole and exclusive remedy is to terminate your use of the Service.
10.5 The Website may contain links to third-part sites that are not owned or controlled by Functions & Catering. Functions & Catering has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party terms and conditions and privacy policy of any third party site that you visit.
11. Termination and Suspension of Use
11.1 No fault termination: Function & Catering may terminate your right of access to the Service or suspend your account immediately, without liability and without notice if Function & catering and/or its officers believe that you are in breach of these Terms, or that you do not have the full authority to use the Service. You agree that Function & Catering may terminate or suspend your account without liability to you. Function & Catering is not obliged to disclose to you the reason for termination or suspension.
11.2 Accrued rights: Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination.
11.3 Expiry or termination: These Terms will survive termination or suspension of your account and continue in full force and effect, except for any Term which expires by its nature.
12. General
12.1 Entire agreement: These Terms, together with the Privacy Policy and the terms of any other notices or instructions given to you under these Terms supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and Functions & Catering relating to the Service and the other matters dealt with in these Terms.
12.2 Waiver: If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
12.3 Delays: Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
12.4 No Assignment: You may not assign or transfer any rights to any other person without Functions and Catering’s prior written consent.
12.5 Governing law and jurisdiction: These Terms are governed by the laws of Victoria, Australia. The parties agree to submit to the non-exclusive jurisdiction of the Courts of Victoria, and Courts entitled to hear appeals from these Courts
12.6 Severability: If any part or provision of these Terms is invalid, unenforceable or in conflict with any applicable law, that part or provision is deemed to have removed or varied to the extent of the inconsistency. The remainder of these Terms will be binding on the parties.
12.7 Notices: Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission.
a. Notices to Functions & Catering must be sent to: admin@functionsandcatering.com or to any other address notified to you by Functions & Catering.
b. Notices to you will be sent to the email address which you provided when setting up your access to the Service.
12.8 Rights of Third Parties: A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms
13. Definitions
13.1 In these Terms, the following words have the following meanings unless stated otherwise:
a. “Confidential Information” means any information identified as being of a confidential nature, or that would be reasonably understood to be of a confidential nature, and includes any personal information about any third party other than personal information disclosed by that party voluntarily through their use of the Service (but for the avoidance of doubt excludes any personal information of a user voluntarily disclosed by their use of the Service).;
b. “Data” means any data uploaded by you or with your authority into the Service, including your personal information;
c. “Intellectual Property Rights” means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered or capable of registration;
d. “Privacy Policy” means the Functions & Catering Privacy Policy, accessible from the Service;
e. “Service” means the website found at https://functionsandcatering.com, whether through a mobile device, mobile application or computer.