TERMS AND CONDITIONS
1. INTRODUCTION
These Terms may be amended from time to time, together with any documents, policies, or terms they expressly incorporate by reference and are entered into with Gathering Events.
2. INTERPRETATION
In this document the following words shall have the following meanings:
2.1. “Agreement” means these Terms and Conditions.
2.2. “Bond” means a security deposit paid by the Customer to the Supplier to cover any liability or other amounts owned by the Supplier under this Agreement.
2.3. “Customer” means any person or their associates who purchases Services or receives Services from the Supplier;
2.4. “Dry Hire” means the hire of plant and equipment under the exclusive direction and control of the Supplier.
2.5. “Event” means the time and date upon which the Customer has booked the Services of the Supplier.
2.6. “GST” means Goods and Services Tax imposed by A New Tax System (Goods and Services Tax) Act 1999.
2.7. “Plant and Equipment” means the items listed in clause 7.1 and any other equipment provided to the Customer by the Supplier.
2.8. “Service” means the service stated in clause 7 of this Agreement.
2.9. “Supplier” means the business trading as MacMillan Holdings Pty Ltd ATF MacMillan and Company Family Trust, ABN 60 632 748 955 and any of its associates or related parties.
2.10. “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2.11. “Venue” means the location the Event will be held at.
3. GENERAL
3.1. These Terms and Conditions shall apply to all contracts for the supply of services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
3.2. Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
4. DEPOSIT & THE BOOKING PROCESS
4.1. The Customer agrees to the Supplier terms and conditions herein, once ‘accepting’ the quote provided through the Supplier’s quoting system, as sent by the Supplier employee. This is time-stamped and validated through the Customer I.P address.
4.2. The Supplier requires a 50% non-refundable amount of the total fees at the time of booking (“Accepting the quote”)
4.3. Branding or any other associated costs of the event, will not be allocated to production, until the Deposit is received.
4.4. The Supplier will facilitate all invoices and payment receipts for services related to the Supplier. This will not include any third-party payment services such as “Stripe.”
4.5. The Supplier, as the time of the quote being
5. PRICE AND PAYMENTS
5.1. By agreeing to these Terms and Conditions, the Customer:
5.1.1. Confirms that they have understood the fees associated with the Supplier’s services;
5.1.2. Accept that the deposit is non-refundable; and
5.2. The Customer must pay the balance of the invoice 14 days (14) days prior to the Event.
5.3. Payment can be made by credit or debit card over the phone, by EFT or by cheque at any additional costs to the Customer. Payment in arrears will be by prior agreement only.
5.4. The Supplier reserves the right to change the price of any Service at any time. In the event that the Customer chooses to add extra services for the Event after a booking has been confirmed, the price of the booking will be increased. Under no circumstances shall the Supplier refund the difference should the price of that Service decrease.
6. CANCELLATIONS AND REFUNDS
6.1. The deposit as stated in clause 4.2 and provided at the time of booking is non-refundable.
6.2. The remaining booking payment is required 14 days prior to the event.
6.3. If the Customer cancels the booking and notifies the Supplier twenty-one (21) days or less, prior to the Event date, the balance paid as stated in clause 5.2 is non-refundable and 100% of the booking fee is non-refundable.
6.4. In the event that the Customer decides not to engage the Services for the entire time period on the day of the Event as agreed between the parties, the Customer will not receive a refund for the time they have elected to not engage the Services of the Supplier.
6.5. The Supplier does not provide a refund in the event of bad weather. If it the responsibility of the Customer to make wet-weather plans for the event date booked in. These alternate plans must be communicated to the Gathering Events team at least 3 working days prior to the event.
6.6. The Supplier does not provide a refund if the Customer cannot obtain permission to use the Venue.
6.7. In the event of an emergency, and at the discretion of the Supplier, the Event date and details may be modified.
7. CUSTOMER’S OBLIGATIONS
LOCATION
7.1. If the Event is at a public area that is not a private residence or hired function venue, the Customer shall ensure it obtains permission from the relevant authority to set up the Event in that area.
7.2. The Customer shall communicate the outcome of obtaining that permission at least twenty-one (21) days prior to the Event.
7.3. The Supplier will not provide a refund if the Customer does not obtain permission within the time stated in clause 8.4.
ACCESS TO VENUE AND SET UP
7.4. The Customer shall ensure the Supplier has access to the Venue at least two (2) hours prior to the Event starting to allow adequate time to set up.
7.5. The Customer shall ensure the Supplier has at least one (1) hour from the end time of the Event to dismantle and vacate the venue.
7.6. The Customer shall ensure there is a secure parking spot for the Supplier’s vehicle next to the Venue, otherwise parking fees from $80.00 may be applicable.
7.7. The Customer shall ensure there is a flat surface of approximately 2.5m long and 2.5m wide at the Venue for the carts and bars.
7.8. The Customer shall ensure there are not stairs or steep ramps in the pathway to set up the event.
7.9. The Customer shall ensure there is a pathway of at least 1.4 meters wide from the unloading area to the event space.
7.10. The Customer shall ensure there is depth of at least 1.6 meters for all spaces and lifts that carts are required to travel.
7.11. The Customer shall ensure there is a space to set up that is clear from rain.
POWER SUPPLY
7.12. The Supplier requires access to a power supply. The Customer shall ensure there is a power supply available the location of the carts or bars.
7.13. The Customer must supply sufficient power, with a dedicated, single circuit for Supplier assets. If this is not provided, and the service is not completed, the Supplier has the right to suspend the service with no refund.
7.14. If the power fails and the Supplier is unable to complete the service, there is no refund of service fees.
7.15. If there are any damages to the Supplier’s equipment, these will be passed onto the Customer, with a 10% handling fee.
8. SUPPLIER’S OBLIGATIONS
8.1. The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
8.2. In the event of alcohol being supplied:
8.2.1. The Supplier reserves the right to refuse service to anyone under eighteen (18) years of age. All guests of the Customer must provide proof of age if they wish to be served with alcohol.
8.2.2. The Supplier reserves the right to refuse service to anyone who is excessively drunk, or who is abusive or threatening to staff or other guests.
9. DAMAGE TO SUPPLIER’S PROPERTY
9.1. In the event that the Customer or any third party associated with the Customer damages the property of the Supplier, the Customer will bear the costs of rectifying the damage.
9.2. If any of the crockery and glassware are damaged, the Customer shall be charged $6.00 or another amount nominated by the Supplier for each item damaged.
9.3. If the Supplier’s caravan, carts or bars are damaged, the damage shall be assessed by the Supplier’s nominated choice of workshop and the Customer shall pay the cost of rectifying the damage.
9.4. The Customer shall undertake to keep the Supplier compensate against any damages, costs, liabilities and expenses potentially incurred to the caravan, carts or bars, and/or losses incurred as a result of said potential damages.
10. DRY HIRE
10.1. The Plant and Equipment will only be used for a proper purpose and for which it has been designed, manufactured and supplied.
10.2. Prior to the first use of the Customer, the Customer must fully inspect the Plant and Equipment. The Customer will notify the Supplier immediately if the Plant and Equipment supplied is damaged.
10.3. In the event of a breakdown of the Plant and Equipment, the Customer shall immediately notify the Supplier.
10.4. All Plants and Equipment provided by the Supplier to the Customer must be returned to the Supplier in the same condition and state of which it was delivered. The Supplier reserves the right to inspect the Plant and Equipment upon return of the Plant and Equipment and any damages must be compensated according to clause 10.3.
11. COFFEE CATERING
11.1. Gathering Events coffee cart service caters for indoor and outdoors functions and events.
11.2. In order for Gathering Events to operate their coffee cart, it is the client’s responsibility to provide the following; Flat service at minimum of 3m x 3m Supplied power on site, two x 10AMP power points with twenty meters from the cart location, solely for use by Gathering Events, covered area in case of wet weather. Please note, once the coffee cart is set-up for an event, it cannot be moved.
11.3. Within standard coffee cart packages, an assortment of milks are provided, including full cream, light, almond and oat milk. A pre-determined limited and capped amount of alternative milks (almond and oat) are included to offer as an option for guests. Once this capped amount has been reached at an event, this will not be replaced, and it is not the responsibility of Gathering Events to make these select alternatives available for the entire duration. If you are aware of a large continue of guests that would require alternative milks, this can be arranged at an additional charge.
11.4. Whilst Gathering Events take precautions to prevent assorted milks from being cross-contaminated during service, this is not guaranteed. Gathering Events take no responsibility for the customers allergic reactions to any potential milk or coffee products served from the cart.
11.5. There is a minimum order of 100 pre-paid coffee serves, unless agreed by the Supplier & the Customer
11.6. Under no circumstances, will the Supplier refund any coffee serves not produced on the day.
11.7. Additional coffee’s over the pre-paid booking are at the discretion of the Supplier, and are paid for an additional $5.00 per serve.
12. CATERING
12.1. Final catering numbers and menu choices are required 10 working days prior to the event date.
12.2. Catering quantity changes may be requested up until 10 days prior to the event date, past this time, increases are subject to availability. Gathering Events are unable to provide refunds for any reduction in catering number requests from the initial time of booking.
12.3. All menus are subject to seasonal and supply chain availability.
12.4. Allergy Disclaimer: Whilst all efforts are taken in relation to special diet requests, it must be noted that within our registered and health department approved commercial kitchens we handle nuts, seafood, shellfish, sesame seeds, wheat flour, eggs, fungi and dairy products, along with all manner of fruits, vegetables and meats. Customer dietary requests will be catered for to the best of our ability. Individuals with health threatening allergies or food intolerances might be best suited to provide their own food items.
12.5. It is the client’s responsibility to ensure children and guests are kept away from any hot or potentially dangerous equipment, including chef, bar and kitchen equipment. Gathering Events cannot take any responsibility for any damage to property or persons caused by non-compliance.
12.6. Due to health and safety procedures, no food will be left on site from Gathering Events after the completion of the event.
13. BAR SERVICE
13.1. The Supplier does not have a liquor licence and does not sell alcohol. If the Customer wishes to serve alcoholic items at the Event, they must provide the alcoholic items to the Supplier.
13.2. The Supplier can serve bottled beer and cider, wine, champagne, soft-drinks, water, cocktails, tea and coffee.
13.3. Gathering Events does not serve any shots or neat liquor over the bar to guests.
13.4. The Customer shall ensure the Supplier has access to the Venue at least two (2) hours prior to the Event starting to allow adequate time to set up.
13.5. The Customer shall ensure the Supplier has at least one (1) hour from the end time of the Event to dismantle and vacate the venue.
13.6. The Customer must provide Gathering Events bar and staff with a safe, secure and suitable set-up and service location for the event. This location must be clear from rain, direct sun or potential areas that may damage equipment or risk staff health and safety.
14. BRANDING AND ARTWORK
14.1. All branding PRINT READY files are required 10 working days from the event date.
14.2. Gathering Events does not provide a print proof of supplied artwork.
14.3. Rush fees may apply if artwork deadlines art not met.
14.4. The Supplier has the discretion to remove this element if deadlines are not met and/or cannot be facilitated.
15. ASSIGNMENT
15.1. The Supplier may assign, transfer, sub-contract or otherwise deal with their rights and/or obligations under these Terms and Conditions.
15.2. The Customer may not without prior written consent assign, transfer, sub-contract or otherwise deal with any of their rights and/or obligations under these Terms and Conditions.
16. LIMITATION OF LIABILITY
16.1. The Supplier shall not be liable for any death, personal injury, loss or damage suffered by the Customer or any third parties associated with the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in connection with the Services.
16.2. The Supplier will not be held responsible for the following:
16.2.1. Scratches on the venue floor;
16.2.2. Drink spillages during service or by guests;
16.2.3. Any damage caused by guests;
16.2.4. Any perceived damages that was caused whilst carrying out normal event duties;
16.2.5. Where the venue requires the floor to be protected underneath the carts or bars, it is the client’s responsibility to ensure that the floor is covered prior to the Supplier’s arrival for set up; and
16.2.6. The Customer is responsible for their guest’s actions.
16.3. The Customer must have suitable insurance coverage for the Event and the Supplier reserves the right to request the Customer to supply evidence of suitable insurance coverage for the Event at any time.
17. FORCE MAJEURE
17.1. Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, or breakdown of plant or machinery, and the party shall be entitled to a reasonable extension of its obligations as agreed between the parties.
18. GATHERING EVENT’S PROPERTY
18.1. The contents of the Supplier’s website or any intellectual property of the Supplier, including but not limited to photographs, trademark, logos and content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means without the prior express written permission of the Supplier.
18.2. Any Plant and Equipment provided by the Supplier will remain the property of Gathering Events and be returned in the state of which it was delivered.
19. BREACHES OF THESE TERMS AND CONDITIONS
19.1. Without prejudice to the Supplier’s other rights under these Terms and Conditions, if the Customer breach any of these Terms and Conditions in any way, or if the Supplier reasonably suspects that the Customer has breached these Terms and Conditions in any way, the Supplier may terminate the Service unless the breach is rectified within an agreed timeframe between the parties.
20. SEVERANCE
20.1. If any term or provision of these Terms or Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
21. DISPUTE
21.1. In the event of a dispute between the Supplier and the Customer concerning the interpretation of any of the Terms and Conditions or the performance of any of the terms of this Agreement, and such matter or matters in dispute are not resolved within 30 business days of it first arising, they must in good faith endeavour to resolve the dispute expeditiously using informal dispute resolution techniques such as mediation, expert evaluation or determination or similar techniques agreed by them. If the dispute is not promptly resolved, either Supplier or Customer may give notice to the other of their intention to refer the dispute to mediation.
21.2. Where the Supplier or Customer gives notice of their intention to refer a dispute to mediation that party must with that notice provide to the other parties a memorandum setting out its position on the dispute and its reasons for adopting such a position.
21.3. If the Supplier or Customer do not agree within five business days of receipt of that notice as to:
21.3.1. The dispute resolution technique and procedures to be adopted;
21.3.2. The timetable for all steps in those procedures; and
21.3.3. The selection and compensation of the independent person required for such technique;
the Supplier or Customer must mediate the dispute in accordance with the Australian National Mediator Standards, with the mediator to be selected by the Queensland Law Society and the mediation organised by them or a similar organisation agreed to by all parties.
21.4. The Supplier or Customer must bear their own costs of dealing with any dispute and the costs of any expert or mediator.
22. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of Australia and the parties hereby submit to the exclusive jurisdiction of the Australian courts.