THESE TERMS AND CONDITIONS OF USE ARE TO BE READ CAREFULLY BEFORE USING THIS WEBSITE.
This website is operated by The Honest Cook Pty Limited (ACN 630448421) which we shall herein refer to as The Honest Cook.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to The Honest Cook and “You” and “Your” refers to the person who interacts with or browses our website or who orders or place order for goods or services using our website.
AMENDMENT OF TERMS
We reserve the right to add, modify, change or delete any part or parts of these terms at any time at our discretion. It is important to check these terms regularly prior to using our website to ensure you are aware of any changes. Any significant or substantive changes will be highlighted where possible to inform readers of such changes.
If you use or continue to use our website, you are deemed to have read and understood all of our stated terms and conditions and agrees to comply with our stated terms and conditions of its use and accepts that these terms governs the rights and obligations between The Honest Cook and you.
LIMITATION OF LIABILITY
Before you are authorised to use or continue using our website, you hereby agree and accept that The Honest Cook is not legally responsible for any loss or damage you might suffer or experienced in relations to your use of the website, whether from errors or from omissions or inclusions in our contents, documents or information, any goods or services we may offer or from any other use of the website. This also applies to your using or reliance on any third party content, links, contributions, comments or advertisements included or listed on the website. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services, content, data or information available through this website meet your specific personal requirements and should any needs or disagreement arises, you must consult with the appropriate professional authorities before continuing using the website.
You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
ACCESS TO WEBSITE
Access to certain areas of this website is restricted. The Honest Cook reserves the right to restrict access to areas of this website, or indeed this entire website, at our discretion.
If The Honest Cook provides you with a user ID and password to enable you to access this website or other content or services, you must ensure that the user ID and password are kept confidential.
The Honest Cook may disable or cancel your user ID and password at our sole discretion without notice or explanation.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), The Honest Cook’s liability for any breach of any term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
OFFERS & PRICES
You must be over 18 years of age to use this website and/or to purchase any goods or services.
The terms and conditions below apply to all offers and transactions of The Honest Cook
All items listed on the website are offers to sell
Buyer initiates the transaction by making an offer to buy any of these listed items and The Honest Cook completes the transaction when we accepts these offer to buy
By accepting an offer or making an order, you expressly accepts the applicability of these terms and conditions.
Deviations from that stipulated in these terms and conditions are only valid when they are confirmed in writing by the management.
All rights and entitlements stipulated for The Honest Cook in these terms and conditions and any further agreements will also apply for intermediaries and other third parties deployed by The Honest Cook
All offers made by The Honest Cook are without obligation and The Honest Cook reserves the right to change the menu listings or prices.
All prices are listed in Australian Dollars.
Where promotional prices applies, these prices are valid only during a specific period as long as stocks last. No entitlement to these prices may be invoked before or after the specific period.
The Honest Cook cannot be held to any listings or price indications that are clearly incorrect, for example as a result of obvious typesetting or printing errors. No rights may be derived from incorrect listings or price information.
PAYMENTS FOR ORDERS
All prices are inclusive of GST.
After ordering online , you will receive an email confirmation containing your order details (if you have provided your email address). We will normally confirm receipt of your order within a few minutes of ordering. We will attempt to send your booking confirmation via email within 2 working days.
Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
When online orders are confirmed on checkout, an invoice will be raised for payments to be made.
The following methods of payment are accepted : Cash, Paypal, Eway, Maestro, Visa, Mastercard and American Express.
When payments of the invoice raised are confirmed, a receipt will be raised and emailed by the system to the registered purchaser.
You will not receive confirmation of your definitive catering bookings until your payment has been approved.
Once payment of an invoice is confirmed and cleared, the item purchased will be packed for delivery within 5 working days from the date payment is cleared.
DELIVERY OF GOODS
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of The Honest Cook.
RETURNS AND REFUNDS
The Honest Cook handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Should you wish to return your order, please notify us within 14 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of The Honest Cook.
The Honest Cook will only offer a refund for pre-payments if the event is cancelled, rescheduled, or significantly altered by The Honest Cook (and you cannot or do not wish to attend the rescheduled or altered event), or to the extent otherwise required by law (including the Australian Consumer Law). You must apply for a refund within a reasonable time frame. The Honest Cook does not offer refunds or exchanges as a result of wrong orders placed or a change of mind or a change in your personal circumstances.
USER CONTENT CONTRIBUTION
User content contribution means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You hereby grants The Honest Cook a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content contribution in any existing or future media. You also grant to The Honest Cook the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content contribution must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or The Honest Cook or a third party (in each case under any applicable law).
You must not submit any user content contribution to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
The Honest Cook reserves the right to edit or remove any material submitted to this website, or stored on our servers, or hosted or published upon this website.
Notwithstanding The Honest Cook’s rights under these terms and conditions in relation to user content contribution, The Honest Cook does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
LINKS TO OTHER WEBSITES
The Honest Cook may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between The Honest Cook and the owners of those websites. The Honest Cook takes no responsibility for any of the content found on the linked websites.
The Honest Cook’s website may contain information or advertisements provided by third parties for which The Honest Cook accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
This website is provided “as is” without any representations or warranties, express or implied. We makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, The Honest Cook does not warrant that:
• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any [legal, financial or medical] matter you must consult an appropriate professional.
To the fullest extent permitted by law, The Honest Cook absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. The Honest Cook gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of The Honest Cook to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
USE OF WEBSITE
You may not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You may not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You may not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without The Honest Cook’s express consent in writing.
You may not use this website to transmit or send unsolicited commercial communications.
You may not use this website for any purposes related to marketing without The Honest Cook’s express consent in writing.
At The Honest Cook, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. The Honest Cook’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data The Honest Cook collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
To enable us to provide you with a great experience using our website, we collect and retain certain personal and activity based information/data Personal information such as your name, date of birth, phone number, address, and email address are captured to enable us to process your order. Other times when personal information are collected includes but not limited to interaction activities such as, contents contributions, surveys, feedback or customer support.
We may use personal information collected from you for the purpose of providing you with direct marketing material, updates regarding our website and information in the form of a newsletter. This will only apply if you have registered or subscribed to such publications by registering your details with us. However, if you wish to cease receiving any such information you may let us know either by email or unsubscribing at any time and your request will be actioned immediately.
Individual profile and company details are not used for any other purpose. Details are only supplied to a third party supplier when it is required by law, for goods or services which you have purchased or to protect our copyright, trademarks and other legal rights.
We respect the privacy of our online visitors. We may collect information on or through this website that can personally identify you. For example, we collect personally identifiable information which you volunteer to us to respond to visitor questions and comments about us and our products and services, and to mail e-newsletters
Any non-personal information, communications and material you send to this website or to us by email, or which we obtain from third parties without promises of confidentiality, may be kept, used and disclosed by us on a non-confidential basis. We are free to use and reproduce any such information freely, and for any purpose whatsoever. Specifically, we will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose, including developing, manufacturing or marketing products.
The Honest Cook does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve the website and its products, product range or services but not for any other use.
DISCLOSURE OF YOUR INFORMATION
The Honest Cook may be required, in certain circumstances, to disclose information in good faith and where The Honest Cook is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of dealing in or transacting similar documents, goods or services for the purpose of providing them for a fee to users or consumers, whether they be business users or domestic users, then you are a competitor of The Honest Cook. The Honest Cook expressly excludes and does not permit you to use or access our website, to download any documents, contents, data, images, audio, videos or information from its website or obtain any such documents, contents or information through a third party. If you breach this term then The Honest Cook will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unauthorised and improper use. The Honest Cook reserves the right to exclude and deny any person access to our website, services or information at our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce any documents, information or materials on the website for the purposes of sale or the use by any third party. In particular, you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
The Honest Cook expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express permission in writing, distribute or commercially exploit the contents of this website. Nor may you transmit it or store it in any other website or other forms of electronic retrieval or storage system.
These terms and conditions represent the whole agreement between you and The Honest Cook concerning your use and access to The Honest Cook’s website and your use and access to the contents, documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable in part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and The Honest Cook that results in litigation, then you must submit to the jurisdiction of the courts of NSW.