Terms of Use
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Terms of Use

These Terms and Conditions ("Terms") govern your access to and use of “TCHG’s” (The Continental

Hospitality Group Pty Ltd) Flex Catering Platform ("Platform", "we", "us", or "our"), including our website,

mobile application, booking services and related services.

By accessing or using the Platform, you agree to be bound by these terms. If you do not agree to these

terms, you must not use the Platform.

1. About the Platform

The Platform may allow Customers to:

  • request quotes;
  • make bookings;
  • communicate with Caterers;
  • make payments;
  • manage catering bookings.

Unless expressly stated otherwise, Caterers are independent businesses and are not employees, agents, partner or representatives of Flex Catering.

2. Eligibility

You must be at least 18 years old to create an account or make a booking through the Platform.

By using the Platform, you represent that:

  • you are legally capable of entering into a binding agreement;
  • all information you provide is accurate and current;
  • you will keep your account information secure; and
  • you will comply with all applicable laws.

If you are using the Platform on behalf of a company, organisation or other entity, you confirm that you have authority to bind that entity.

3. Accounts

Certain Platform features may require you to create an account.

You are responsible for:

  • maintaining the confidentiality of your login details;
  • ensuring that information associated with your account is accurate;
  • all activity conducted through your account; and
  • notifying us promptly if you believe your account has been compromised.

We may suspend or terminate an account where we reasonably believe there has been misuse, fraud, unlawful activity or a breach of these terms.

4. Catering Services

Catering services are provided by TCHG.

TCHG is responsible for:

  • the quality and suitability of its food and services;
  • complying with applicable food safety and hygiene laws;
  • obtaining and maintaining any licences, registrations, permits or insurance required to operate its business;
  • accurately describing its services;
  • fulfilling accepted bookings;
  • communicating relevant dietary and allergen information; and
  • complying with applicable consumer protection laws.

5. Catering Listings

Caterers are responsible for ensuring that information they publish on the Platform is accurate, including:

  • menus;
  • pricing;
  • serving sizes;
  • availability;
  • minimum order requirements;
  • dietary options;
  • allergen information;
  • delivery areas;
  • staffing;
  • equipment;
  • cancellation terms; and
  • other service details.

Prices and availability may change from time to time.

We may correct errors, update information or remove listings where reasonably necessary.

6. Quotes and Bookings

A Customer may request a quote from us through TCHG’s Flex Catering Platform.

A quote is not a confirmed booking unless the Platform indicates that the booking has been accepted or confirmed.

A booking may require:

  • acceptance by the Caterer;
  • payment of a deposit or the full booking amount;
  • confirmation of event details; and/or
  • acceptance of specific booking terms.

Once a booking is confirmed, the Customer and Caterer are responsible for complying with the agreed booking details.

Customers should carefully review all booking information before confirming a booking.

7. Changes to Bookings

Customers may request changes to a booking, including changes to:

  • date or time;
  • number of guests;
  • menu;
  • dietary requirements;
  • delivery address;
  • staffing requirements; or
  • other services.

Changes are subject to Caterer availability and may result in additional charges.

The Caterer is not required to accept a requested change unless otherwise agreed.

8. Pricing

Prices displayed on the Platform may include or exclude:

  • GST;
  • delivery charges;
  • service fees;
  • staffing fees;
  • equipment hire;
  • venue fees;
  • travel charges; or
  • other additional costs.

Any applicable additional charges should be disclosed before the Customer completes the booking where reasonably practicable.

Unless otherwise stated, the Customer is responsible for paying the total amount specified at checkout or

in the confirmed booking.

9. Platform Fees

TCHG via the Flex catering Plaform may charge Customers a fee for use of the Platform.

These may include:

  • booking fees;
  • service fees;
  • subscription fees;
  • transaction fees;
  • cancellation fees; or
  • commissions.

Any applicable fees will be disclosed before they become payable.

10. Payments

Payments may be processed by third-party payment providers.

By making a payment, you authorise the applicable payment provider to process the transaction using the payment method you provide.

We do not generally store complete payment card details.

If a payment fails, is reversed or is disputed, we may suspend or cancel the relevant booking until the issue is resolved.

11. Cancellations by Customers

The applicable cancellation policy will be displayed or otherwise communicated to the Customer at or before booking where reasonably practicable.

If a Customer cancels a booking, the Customer may be entitled to:

  • a full refund;
  • a partial refund;
  • a credit; or
  • no refund,

depending on the applicable cancellation terms and circumstances.

Nothing in these Terms excludes any rights the Customer may have under applicable consumer law.

12. Events Outside a Party's Control

The Caterer may be unable to fulfil a booking because of circumstances beyond our reasonable control,

including:

  • natural disasters;
  • severe weather;
  • fire;
  • flood;
  • government restrictions;
  • public health emergencies;
  • transport disruption;
  • venue closure;
  • power failure;
  • significant supply chain disruption; or
  • other circumstances that could not reasonably have been prevented.

Both parties should communicate as soon as reasonably practicable and attempt to agree on an appropriate solution.

13. Food Safety

Caterers are responsible for complying with all applicable food safety requirements.

Caterers must ensure that food is prepared, stored, transported and served in accordance with applicable laws and food safety standards.

Customers should follow any food storage, reheating or serving instructions provided by the Caterer.

14. Allergens and Dietary Requirements

Customers must provide accurate and complete information about allergies, intolerances and dietary requirements when making a booking.

Customers should communicate requirements as early as possible.

Caterers are responsible for providing accurate information about ingredients and known allergens and for taking reasonable steps to accommodate agreed dietary requirements.

However, unless expressly agreed otherwise, [PLATFORM NAME] cannot guarantee that food will be completely free from allergens or cross-contamination.

Customers with severe or life-threatening allergies should discuss their requirements directly with the Caterer before confirming a booking.

15. Delivery

Where delivery is included, the Caterer or its delivery provider is responsible for delivering the catering to the agreed location.

Customers must provide:

  • an accurate delivery address;
  • appropriate access instructions;
  • a suitable contact number; and
  • any relevant venue requirements.

Additional delivery charges may apply where the Customer requests changes or where delivery circumstances differ materially from those originally agreed.

16. Event Venues

Customers are responsible for ensuring that the event venue permits the catering services being booked.

Customers may also be responsible for obtaining any necessary:

  • venue approvals;
  • permits;
  • access permissions;
  • parking arrangements;
  • loading access;
  • power or water access; and
  • other venue requirements.

17. Customer Responsibilities

Customers must:

  • provide accurate booking information;
  • provide accurate guest numbers;
  • disclose dietary and allergen requirements;
  • provide reasonable access to the event location;
  • comply with applicable venue rules;
  • pay all amounts due; and
  • treat Caterers and their staff respectfully.

18. Caterer Responsibilities

Caterers must:

  • provide the services described in the confirmed booking;
  • comply with applicable laws;
  • maintain appropriate food safety standards;
  • hold required licences and permits;
  • provide accurate information;
  • communicate material changes promptly;
  • maintain appropriate insurance where required; and
  • treat Customers respectfully.

19. Reviews and Ratings

Customers may be able to submit reviews and ratings of Caterers.

Reviews must be:

  • honest;
  • based on genuine experiences;
  • relevant to the services provided;
  • lawful; and
  • free from misleading or defamatory content.

We may remove reviews that breach these Terms or applicable law.

By submitting a review, you grant the Caterer a non-exclusive, worldwide, royalty-free licence to use, reproduce, display and publish the review in connection with the Platform and its marketing.

20. Intellectual Property

The Platform, including its software, design, branding, text, graphics, logos and other materials, is owned

by or licensed to TCHG and is protected by applicable intellectual property laws.

You must not reproduce, modify, distribute, sell or commercially exploit Platform content without our prior written consent.

Caterers retain ownership of their own trademarks, menus, photographs and other intellectual property.

21. Prohibited Conduct

You must not:

  • use the Platform for unlawful purposes;
  • provide false or misleading information;
  • impersonate another person or business;
  • interfere with Platform security;
  • introduce malicious code;
  • scrape or systematically copy Platform data without permission;
  • attempt to circumvent Platform fees;
  • use another person's account;
  • harass or threaten other users;
  • manipulate reviews or ratings; or
  • use the Platform to facilitate fraudulent transactions.

22. Platform Availability

We aim to keep the Platform available and operating reliably but do not guarantee that it will always be available, uninterrupted or error-free.

We may temporarily suspend access for:

  • maintenance;
  • upgrades;
  • security reasons;
  • technical issues; or
  • circumstances beyond our reasonable control.

23. Third-Party Services

The Platform may integrate with third-party services, including:

  • payment providers;
  • mapping services;
  • communication services;
  • analytics providers;
  • booking systems; and
  • other technology providers.

Your use of third-party services may be subject to the third party's own terms and privacy policies.

24. Relationship Between Users and the Platform

Unless expressly stated otherwise, Flex Catering is a marketplace and technology platform.

A booking for catering services creates an agreement between the Customer and the relevant Caterer.

Flex Catering is not generally a party to that catering agreement.

Nothing in these Terms creates an employment, partnership, joint venture or agency relationship between Flex Catering and a Caterer.

25. Disputes Between Customers and Caterers

Customers and Caterers should first attempt to resolve disputes directly and in good faith.

We may, at our discretion, assist with communications or facilitate a resolution.

However, unless expressly agreed otherwise, Flex Catering is not required to resolve disputes between Customers and Caterers.

Nothing in these Terms limits any rights available under applicable consumer or other laws.

26. Refunds

Refunds will generally be processed using the original payment method unless otherwise agreed.

The timing of refunds may depend on the relevant payment provider or financial institution.

Where a refund is required by law, we will provide the refund in accordance with applicable law.

27. Consumer Guarantees

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

Where Australian Consumer Law applies, eligible consumers may have rights and remedies in relation to goods and services that cannot be excluded by contract.

28. Liability

To the maximum extent permitted by law, Flex Catering] is not responsible for:

  • the acts or omissions of Caterers;
  • the quality, safety or suitability of food supplied by Caterers;
  • food allergies or contamination arising from a Caterer's services;
  • inaccurate information supplied by a Caterer or Customer;
  • delays caused by a Caterer or third party;
  • events occurring at a Customer's venue; or
  • loss arising from circumstances outside our reasonable control.

Nothing in these Terms excludes liability that cannot legally be excluded.

Where permitted by law, our liability may be limited to the remedies required under applicable law or, where lawful, the amount paid by the Customer for the relevant Platform service.

29. Indemnity

To the extent permitted by law, you agree to indemnify Flex Catering against claims, losses, damages, liabilities and reasonable costs arising from your:

  • breach of these Terms;
  • unlawful use of the Platform;
  • infringement of another person's rights; or
  • negligent or wrongful conduct.

This clause does not apply to the extent that the relevant loss was caused by our own negligence, unlawful conduct or other circumstances for which liability cannot legally be excluded.

30. Account Suspension and Termination

We may suspend or terminate your access to the Platform if:

  • you breach these Terms;
  • you engage in fraudulent or unlawful conduct;
  • you misuse the Platform;
  • your conduct creates a risk to other users or the Platform; or
  • we are required to do so by law.

Termination does not affect rights or obligations that accrued before termination.

31. Changes to These Terms

We may update these Terms from time to time.

Where appropriate, we will provide notice of material changes.

Your continued use of the Platform after updated Terms take effect constitutes acceptance of the updated Terms, to the extent permitted by law.

32. Governing Law

These Terms are governed by the laws of Victoria, Australia.

You submit to the jurisdiction of the courts and tribunals of Victoria, Australia, except where applicable law provides otherwise.

33. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be read down or removed to the extent necessary, and the remaining provisions will continue to apply.

34. Entire Agreement

These Terms, together with any applicable booking terms, Privacy Policy and other policies expressly incorporated into these Terms, constitute the agreement between you and Flex Catering regarding your use of the Platform.