GENERAL TERMS AND CONDITIONS FOR BIANCO LATTE PTY LTD

GELATO CART HIRE

1. Acceptance

(a) These terms and conditions are set out by Bianco Latte Pty Ltd (ABN 49 617 156 822)

(b) By accessing and/or using our services you: 

(1) warrant to us that you have reviewed these Terms and Conditions, with your parent or legal guardian (if you are under 18 years of age), and you understand them; 

(2) warrant to us that you have the legal capacity to enter into a legally binding agreement with us. Please read the Terms carefully and immediately cease using our services if you do not agree to them.

(c) Payment of your deposit confirms that you agree to these Terms and Conditions.

(d) These Terms may be updated at anytime and the updated terms will be available on our website at www.biancolatte.com.au

2. Collection Notice

(a) We collect personal information about you in order to enable you to access and use our service, to contact and communicate with you, to respond to your enquiries, to process your orders for the products and for other purposes.

(b) We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our products/services to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

(c) We reserve the right to take photographs and or video at your event that we may use for advertising purposes. You may opt out of this by notifying us in writing prior to your event.

(c) We will use your information in accordance with Australian Privacy Laws. 

3. Orders

(a) Any order placed with us is an offer by you to purchase a particular product or service for the price notified at the time you place your order/booking. We may, at our absolute discretion, accept or reject an order/booking. We will endeavour to notify you of a rejection at the time of the order/booking or within a reasonable time thereafter.

(b) You may order a product/service from us by contacting us directly. We will organise a written or verbal consultation with you to discuss the specifications of your desired product/service. If we have the capability to provide the product/service, we will provide you with a quote detailing the delivery period, specifications and the price.  The provision of a quote is an offer by us to you to purchase the product/service for the price and specifications set out in the quote.  You may accept the quote by paying the price within the date set out in the quote. 

(c) You acknowledge and agree that:

(1) Each order that we accept, or quote that you accept, results in a separate binding agreement between you and us for the supply of products/services in accordance with the Terms.

(2) It is your responsibility to check the details set out in the order or Quote, including selected products, specifications, delivery period and pricing, before you submit your order. 

4. Availability 

1. All bookings/orders are subject to availability. We do our best to keep up to date with the availability of products and carts.
2. We do not guarantee the exclusive allocation of a particular cart to any one event. We endeavour to meet your preference of cart choice. However we reserve the right to use any of our carts without guarantee and subject to availability and accessibility.
3. In the unforeseen event that we cannot supply an elected flavour choice on your event day, we reserve the right to substitute the flavour choice with a different one. A refund of $30 plus GST will be issued to you in the event of an unmatched flavour choice. 
4. “Free Flow Gelato” means unlimited gelato during the service period, though some flavours may run out. No refunds or compensation will be given for unavailable flavours.

5. Price and Payments

1. You must pay us the purchase price of each product/service you order as set out on the Quote (the Price) in accordance with this clause.  All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable). 
2. You must pay the Price using one of the methods set out on the Quote.  
3. Any refunds payable by us under these Terms will be made into your nominated bank account and we will endeavour to make any such payment to you within 6 months from the date of cancellation.  
4. You must not pay, or attempt to pay, the Price by fraudulent or unlawful means.
5. If full payment has not been received 30 days prior to the event date, we reserve the right to cancel the booking and the deposit will not be refunded.
6. Should the event fall on a public holiday, additional charges will apply to transport and labour costs to allow for holiday rates.

6. Provision of Service

1. Service times are limited strictly to what was confirmed in writing at the time of booking. In the event that you or the venue are not ready for us to begin service at the agreed upon time, we reserve the right to finish service at the original time confirmed on booking. 
2. If you need to change the venue, please notify us immediately in writing and additional costs may be incurred, or your booking may be cancelled and a refund may or may not be given in accordance with the refund policy set out in these Terms (9b).
3.  If you do not specify between the use of cups, cones or both we reserve the right to use either or both as we see fitting or subject to availability.
4. Any specialised dietary requirements must be made in writing two weeks prior to the event. Please note that we do not operate a nut or gluten free kitchen. Please assume that our product may contain dairy, eggs, gluten, nuts, soy or other allergens.
5.  Abusive, aggressive behaviour will not be tolerated and if our staff feel threatened in any way or fearful for the potential damage of machinery and equipment, we reserve the right to leave the premises immediately and no refund will be given.
6. We aim to keep our service time as close as possible to the agreed upon time but this may not always be possible due to circumstances that may arise.
7. Biancolatte reserves the right to engage third-party service providers to fulfill its obligations under this agreement. The Client acknowledges and agrees that Biancolatte may assign or transfer any rights or obligations under this agreement to such third-party providers without prior notice.

7. Venue Permission and Accessibility

1. It is your responsibility to gain permission from the venue for the attendance of Bianco Latte at the event. If we are refused entry the booking will be lost and no refund will be issued.
2. Accessibility to Bianco Latte for the chosen event venue must be confirmed by you prior to paying the deposit. You must confirm there is accessibility meeting the requirements of Bianco Latte in terms of both vehicle, trailer and cart access. This includes providing in writing information about:

(1) Any steps, steep hills, narrow passageways/doorways (less than 1.1metres) etc.

(c) Our carts cannot be lifted over steps or obstacles and it is your responsibility to ensure there are no steps or any other obstacles that prevent access to the event. We reserve the right to leave your event in this case and no refund will be given.

(d) We will not be held liable if you do not provide accurate accessibility information. In the event we cannot safely access the event we reserve the right to refuse service and no refund will be issued. Safe access is entirely made at our discretion.

(e) We reserve the right to refuse any cart or vehicle maneuverer at our discretion that may be difficult or put any persons (including but not limited to staff and guests) or machinery and equipment at risk.

8. Insurance, Damage and Liability 

(a) We carry public liability insurance to the value of 20 million dollars. However we recommend that separate event insurance be purchased to cover against such eventualities as inclement weather, theft, equipment failure and any other unforeseen incidents.

(b) You accept full responsibility for the condition of all hired items during the hire period. You will be responsible for any damage incurred or loss of said items. Repairs or damaged items will not be undertaken without the written authority of Bianco Latte. All missing items or those damaged beyond repair will be paid for at current retail value.

(c) In the event of an unforeseen accident or machinery breakdown or other circumstance which may affect schedule or our ability to fulfill the booking we will not be held liable for compensation beyond the cost of the booking.

(d) In the event of a major force (including but not limited to fire, casualty, riot, war or other enemy action, act of God, strike, lock out or labour conditions) which prevent the event, no refund will be issued.

9. Cancellations, Refunds and Rescheduling

(a) Cancellations and or changes must be made in writing. 

(b) All cancellations or changes made after written confirmation and payment has been received will be subject to the following:

(1) No refund of deposit will be made for cancellations within 3 months prior to the event date.

(2) A non-refundable administration fee of $120 + GST applies to all bookings. You agree to pay this non-refundable fee when you confirm your booking by paying the deposit.

(3) Any credit card surcharges or fees incurred will not be subject to a refund.

(4) No refund will be issued for a cancellation within 30 days prior to the event. You shall pay all amounts for which you are contractually bound to pay.

(5) You may reschedule your event up to 3 times without incurring a fee. After this, each reschedule will incur a rescheduling fee of $120+GST.

(6) If you wish to reschedule and there is no availability on the requested date and an alternative agreement cannot be reached, your booking will be cancelled in accordance with the usual refund policy outlined in 9(a) and 9(b).

(c) No refund will be given for vinyl wraps and branding for any reason. Once you have paid for customised work no refund will be issued, including in cases of COVID-19 both in Victoria and interstate.

(d) All refunds will be made within 6 months from the date of cancellation of your booking, including for COVID-19 related cancellations.

10. COVID-19

(a) In the event that Victorian Government restrictions change in response to COVID-19 and your event is directly prohibited from going ahead as a result of these changes: 

(1) We will provide a full refund minus an administration fee of $120 + GST provided cancellation is confirmed in writing to us within 48 hours of your event. 

(2) If cancellation occurs within 48 prior to your event then we will return your deposit only and keep the balance to cover costs already incurred by us.

(3) Any change that does not directly prohibit your event from occurring (e.g. impacts to your guest list, border closures or other travel rules preventing overseas, interstate or local visitors) will be subject to the usual refund policy outlined in these Terms (9b).

(4) You may reschedule your event up to 3 times without incurring a fee. After this, each reschedule will incur a rescheduling fee of $120+GST.

(5) If you wish to reschedule and there is no availability on the requested date and an alternative agreement cannot be reached, your booking will be cancelled in accordance with the usual refund policy outlined in 10(a).

(b) As long as it is required by the Victorian Government we will have a COVID safe plan in place and in use at events.

(c) We reserve the right to cancel your event at our discretion for any reason relating to COVID-19 including but not limited to new outbreaks, border closures (imminent or in effect), travel restrictions.

(d) In the event that an interstate government puts in place restrictions that directly prohibit the event from going ahead:

(1) The same refund policy applies as per 10(a).

(e) If Rapid Antigen Testing or other testing for Covid-19 is conducted prior to or at the event:

1. If the test result of one of our staff members is POSITIVE no refund will be provided, even if we cannot provide the service.
2. If the event cannot go ahead because another person at the event tested positive no refund will be provided.

11. Limitations:

(a) Despite anything to the contrary, to the maximum extent permitted by law: 

(1) our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim; and

(2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

(b) Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:  

(1) loss of, or damage to, the products or any other property, or any injury or loss to any person; failure or delay in providing the products; 

(2) any work, services or other things provided by third parties (whether or not we referred them to you); or 

(3) breach of the Terms or any law, where caused or contributed to by any event or circumstance beyond our reasonable control; 

(4) act or omission of you or your related parties, and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products and services.  

(c) In Australia, our products/services come with guarantees which cannot be excluded under the Australian Consumer Law. Nothing in the Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

12. Intellectual property:

(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the products) will at all times vest, or remain vested, in us.

(b) You must not, without our prior written consent: 

(1) copy or use, in whole or in part, any of our intellectual property; 

(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or

(3) breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.