Terms and Conditions
Welcome https://foodpreneursfestival.com/ (our Site).
This Site gives you an opportunity to join a food and drink industry community and event, run by Cascade Counsel Pty Ltd trading as Foodpreneurs Festival ACN 163 515 179 (Foodpreneurs Festival, we, us). You can browse this Site and purchase our Products and Services, including memberships, access to webinars, tutorials, blogs and events to help you successfully build your business (Products and Services).
These Terms and Conditions (Terms) govern your use of this Site, as well as Foodpreneurs Festival’s Products and Services, and form a binding contractual agreement between you, as either a user or member of this Site and us.
These Terms are important and you should ensure that you read them carefully and contact Foodpreneurs Festival at email@example.com if you have any questions before purchasing our Products and Services.
These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.
Foodpreneurs Festival’s Products and Services are intended for people aged 18 and over.
ACCEPTANCE OF TERMS
1. By accessing, downloading or using the Products and Services offered on our Site, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
2. We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site. Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the Products and Services.
3. All Foodpreneurs Festival Products and Services are intended for general education and information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the Products and Services, purports to offer legal, medical, tax or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.
4. Foodpreneurs Festival provides support, guidance and tools for you to set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your background, dedication, participation, desire, and motivation.
5. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.
6. Foodpreneurs Festival provides a platform to introduce and support other businesses through its Online Community and Events only. Access to this Online Community and Events does not mean that Foodpreneurs Festival endorses anyone’s Products and Services. Please be cautious and do your due diligence when partnering with anyone in the community, including but not limited to any sponsors, affiliates or partners listed on our Site or within our Online Community or at our Events.
7. You acknowledge and agree that Foodpreneurs Festival, its directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.
EARNINGS AND INCOME DISCLAIMER
8. Foodpreneurs Festival cannot and does not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, or strategies. You acknowledge that there is an inherent risk in any business enterprise or activity and agree there is no guarantee that you will earn any money as a result of your purchase of our Products and Services.
9. Any financial representations referenced by us on the Site, in our videos, forums or during the provision of our services are illustrative of concepts only and should not be considered as promises for actual or future performance.
10. We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our Products and Services, you agree to respect the same rights of the other users of Foodpreneurs Festival Products and Services and representatives of Foodpreneurs Festival.
11. You agree:
a. That any confidential information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us.
b. Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.
c. That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us.
d. That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
12. While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.
COPYRIGHT AND TRADE MARK NOTICES
13. All material on this Site, in our Online Community or otherwise delivered by us including (but not limited to) course content, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.
14. You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.
15. The trade marks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of Foodpreneurs Festival. The trade marks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Foodpreneurs Festival, in any manner that is likely to cause confusion with customers, or in any manner that disparages Foodpreneurs Festival.
16. Nothing contained on this Site or in our Online Community should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.
17. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Foodpreneurs Festival will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
RIGHT TO SUSPEND, TERMINATE AND REFUND
18. We reserve our right to decline or cancel any ticket purchase without notice, including any access to our Site, Online Community or our Products and Services generally at any stage, without reason. If we cancel your ticket in accordance with this clause, we’ll provide a refund pro rata of fees paid.
19. We reserve the right to suspend or terminate your use of the Site, the Foodpreneurs Festival Community or our products and/or services generally, if you breach any of these Terms, as determined by us in our sole discretion.
20. Refunds are not provided for Foodpreneurs Festival tickets, whether accessed by you or not, unless we are in breach of the Australian Consumer Law, as set out in Schedule 2 to the Australian and Competition Act 2010 (Cth).
21. Unless stated to be otherwise, charges referred to for any goods or services supplied (or offered for supply) via the Site are stated inclusive of GST. Where GST applies to any supply made to you, we will deduct the applicable GST and issue you with a Tax Invoice. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (Act). Tax Invoice means tax invoice as defined by the Act.
22. You acknowledge and agree that you waive all rights to attempt to charge-back any amounts paid under this Agreement with your nominated credit card provider.
FAILURE TO MAKE TIMELY PAYMENTS
23. If any payment is insufficient or declined for any reason, Foodpreneurs Festival may remove you from the Products and Services without liability. Your removal from the Products and Services due to your failure to pay the requisite Products and Services Membership does not excuse you from your obligation to pay the amounts owed in full. You understand that Foodpreneurs Festival may utilise third-party collection services to recover any outstanding amounts owed by you for the Program.
24. In the event that any monies remain outstanding by you to Foodpreneurs Festival for over 30 days, Foodpreneurs Festival reserves the right to:
a. Charge interest on all money outstanding in accordance with the General Interest Charge as published by the Australian Taxation Office from time to time;
b. Report the fact of the non payment of the invoice to a credit reporting agency; and
c. Assign the right to enforce any debts due to it to a third party, without further consultation to you.
25. You agree to indemnify Foodpreneurs Festival from and against all costs and disbursements incurred by Foodpreneurs Festival in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and client basis, Foodpreneurs Festival’s collection agency costs, and bank dishonour fees.
26. Upon your enrolment in the Program, you waive any right to file a dispute with your credit card provider, payment processor, and/or other financial institution regarding the amounts paid or owed by you for your purchase of the Program, whether or not your Program access has been revoked for your violation of these Terms of Service.
LIABILITY IS LIMITED
27. The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under Australian Consumer Laws.
28. We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site, Online Community or Our Content.
29. In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site, Online Community or Our Content even if we have been advised previously of the possibility of such damages and whether or not such damages arise in contract, tort, under statute, in equity or at law.
30. We are not responsible for, and accept no liability with respect to, content uploaded, posted, transmitted or otherwise made available on the Site by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made content available on the Site simply by facilitating others to post, transmit or other make content available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us, including those made by members featured on our Site or within our Online Community.
31. You agree that we will not be liable for any loss or damage which you incur as a result of use of this Site including without limitation, damage caused by access delays, computer viruses, system failure or malfunction which may occur in your use of the Site or Online Community including hyperlink to or from third party websites.
32. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, Online Community or through use of our products or services.
33. These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
a. Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).
b. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
c. Accessing websites or servers maintained by other organisations through links on our Site, Online Community or products or services. Links are provided for convenience only. We do not endorse linked websites nor their Products and Services and you access them at your own risk.
d. The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.
e. Defamatory, threatening, offensive or unlawful conduct of third parties or our publication of any materials relating to or constituting such conduct.
LINKS TO THIRD PARTY WEBSITES
35. Linked and third party Sites are not under the control of Foodpreneurs Festival and Foodpreneurs Festival is not responsible for the material contained on any Linked Site or the consequences of accessing such sites. You access Linked Sites at your own risk and by accessing them you leave the Site.
36. As affiliates or sponsors of certain Products and Services we may receive compensation for recommending, endorsing or promoting Products and Services linked to from this Site including third party links. Any affiliation or sponsorship is for remuneration purposes only and is not an expression of our own recommendation, endorsement or promotion of those Products and Services which are not our own.
37. As affiliates of certain Products and Services we may also receive compensation for recommending, endorsing or promoting Products and Services as featured at any of our Events, where we make an appearance, or as featured on our Site or via our Online Community. Any affiliation or sponsorship is for remuneration purposes only and is not an expression of our own recommendation, endorsement or promotion of those Products and Services which are not our own.
38. We make no representation or warranty as to the recommendations, endorsements or promotions we make of certain Products and Services, unless expressly stated otherwise. You acknowledge and agree that any remuneration or other non-monetary benefit we receive from our affiliated, endorsed or sponsored Products and Services is for the purposes of that affiliation, endorsement and sponsorship only. We expressly disclaim any liability arising from your use or reliance of any recommended, endorsed or promoted Products and Services by us which are not our own and caution you to make your own independent inquiry prior to any such use or purchase.
39. Should a dispute arise between us, we strongly encourage you to contact Foodpreneurs Festival at firstname.lastname@example.org to seek a resolution. Any reasonable requests will be considered and Foodpreneurs Festival will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
40. If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause and any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
41. In the case of claims against us, all notices are to be provided to email@example.com.
42. If the dispute is not resolved by agreement within five (5) business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further five (5) business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
43. Once a mediator is appointed, the parties agree that:
1. The costs of the mediator shall be borne equally between the disputing parties.
2. The chosen mediator shall determine the procedures for mediation.
3. The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
44. If the parties have not mediated a resolution of the dispute within ten (10) business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
45. Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court or tribunal of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
46. Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
47. This clause survives termination of these Terms.
48. These Terms shall be construed in accordance with and governed by the laws of New South Wales. You consent to the exclusive jurisdiction of the courts in New South Wales to determine any matter or dispute which arises between us.
49. We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.
50. If you have questions or comments regarding this Site, or Foodpreneurs Festival products or services, please email us at firstname.lastname@example.org.
51. “Event” includes any type of in person or virtual breakfast, lunch, dinner, cocktail party, workshop, masterclass, presentation or retreat.
52. Events are strictly adults only to ensure professionalism and a quiet working environment for all other attendees.
53. Foodpreneurs Festival reserves the right to exclude you from any Event should you, in Foodpreneurs Festival’s sole determination, become disruptive.
54. Tickets purchased for Events must be used by you, unless you transfer the ticket to someone else at least 48 hours prior to the Event. If you do transfer the ticket, you must email us at email@example.com advising the name and email address of the person whom you have transferred the ticket to. If you do not do this, the transferred ticket may not be valid.
55. Occasionally we may need to cancel an Event. We will make every effort to reschedule the Event. However, in the rare and unlikely event of a cancellation without rescheduling, a full refund will be paid within 10 days of notice of cancellation. Foodpreneurs Festival will have no further liability to participants in respect to cancellation without reschedule.
56. No refunds are granted for Events.
57. Foodpreneurs Festival owns all intellectual property in the content and material delivered at Events. You may not reproduce such content for your own commercial use.
58. You understand and acknowledge that Foodpreneurs Festival and/or its representatives may record any aspect of an Event (Recordings). Those Recordings may be in the form of audio, video or still photography, and those Recordings may be used in the production of marketing or other materials to be used by Foodpreneurs Festival.
59. You hereby waive any and all legal rights you may have against Foodpreneurs Festival in respect of Recordings of your participation in the event and grant to Foodpreneurs Festival the absolute right and permission to copyright and use, reuse and publish the Recordings where you may be depicted or included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, or reproductions thereof in colour or otherwise, made through any medium and in any and all media now or later known, for art, advertising, trade or any other legal purpose. You also consent to the use of any printed matter in conjunction with that use.
60. You waive any right that you may have to inspect or approve the finished product or products of the Recordings or any printed matter that may be used in connection with the Recordings or the use to which it may be applied.
61. You hereby release, discharge and agree to hold harmless Foodpreneurs Festival from any and all liability that has or may occur in the making of the Recordings or any subsequent process or publication.
These Terms & Conditions were last updated on 10 July 2023.