1. Welcome and Introduction
1.1 Hospitium Group Pty Ltd ABN 82 644 507 862 is an Australian Company trading as Hospitium (“Hospitium”)
1.2 Hospitium is intended to manufacture, import, export and sell hospitality and culinary supplies to people like you who want a professional and efficient method of accessing our range of products through our showroom and retail store or website.
1.3 By visiting and ordering in store or using our website, you agree to accept these terms and conditions of which apply to all goods ordered or purchased by you in store, by fax, telephone, email or online.
1.4 These Terms and Conditions (“Terms”) govern your use of Hospitium’s website www.hospitium.com.au, Hospitium’s ordering system, products and services at the showroom and retail store (collectively known as Hospitium “Site”) and form a binding contractual agreement between you, the user of the Site and Hospitium.
1.5 For that reason these Terms are important and you should ensure that you read them carefully each time you use the Site as our terms and conditions may change from time to time.
1.6 By using the Site you acknowledge and agree that you have had sufficient opportunity to read and understand these Terms and you agree to be bound by them. If you do not agree to these Terms, please do not use the Site.
1.7 By using Hospitium Site, you warrant that any personal information provided by you is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by updating your member profile on the website or contacting us.
1.8 You agree and warrant not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
1.9 In providing access to our Site and providing our goods and services, Hospitium relies on your agreement and warranty above and elsewhere in these Terms.
1.10 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
1.11 These Terms must be read in conjunction with the Hospitium’s Privacy Policy.
2. Licence to use the Site
2.1 We grant you a right to use the Hospitium Site in Australia only if you:
are located in Australia and if not then you agree to the terms contained herein and not any other jurisdiction;
agree to the Terms of the Hospitium Site;
over the age of 18 years old;
You must not use the Hospitium’s service for any unlawful, illegal or prohibited or illegitimate reason.
You must only use the Hospitium’s service for the purpose for which it was intended.
You must accept that you will be liable to pay for any order of products placed through Hospitium.
You must not add any content to the Site, including comments and feedback:
that is or could reasonably be considered by us to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
that would bring Hospitium, or the Site, another user of Hospitium or a third party provider into disrepute; or
that infringes the intellectual property or other rights of any person.
2.6 Your use of our Site is available to you for personal use only. You are granted a personal non-commercial limited and revocable licence to use the Site for your own personal use subject to these Terms at all times. Accordingly:
We may modify, withdraw or deny access to the Site at any time; and
We may withdraw or deny access to the Site at any time in relation to a user who breaches any of these Terms.
2.7 You must not, and must not attempt to:
rent, lease, lend, sell, redistribute or sub-licence the Site;
infringe any Intellectual Property Rights of our Site, our licensors or third parties or authorise any other person to do any act which would, if that act were to be done by you, infringe such rights;
use the Site in any way that causes, or is likely to cause Hospitium’s access to it to be interrupted, damaged, rendered less efficient or in a way that impairs the effectiveness or functionality of the Site;
introduce anything designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or other users of the Site, third party providers or the Site itself.
introduce anything designed to surreptitiously, secretly or covertly intercept, access without authority or expropriate or commandeer any system, data or personal information including any computer viruses, macro viruses, trojan horses, worms, whether intentionally or unknown by you;
either manually or through use of any technology including, but not limited to, crawlers and spiders, search the Site or engage in screen scraping, database scraping or any other activity with the purpose of obtaining information from the Site, including but not limited to personal information about third parties;
reverse engineer, decompile, disassemble, modify, translate, or otherwise uncover the source code of any software forming part of the Site;
capture or copy any software on the Site for any reason whatsoever
(temporary copies for facilitating a technical computing process excepted);
hack, infiltrate or otherwise do anything which may compromise the Site;
cause us to lose (in whole or in part) the services of our internet service providers (ISPs) or other suppliers;
prevent, hinder or restrict us from complying with any applicable industry code or Court order; or
use the Site for any purpose, which causes a nuisance or the operation of the Site to be jeopardised or impaired.
2.8 The Hospitium Site may contain links to other websites as well as content added by people other than us. We provide such for convenience only.
We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
If you decide to access a linked third party website you do so at your own risk and Hospitium will not be liable for your use of such.
2.9 You acknowledge and agree that:
We retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion.
The Site will not operate on a continuous basis and may be unavailable from time to time (including for maintenance purposes).
You may provide a link to Hospitium’s website from any other business so long as such does not in any way suggest, imply or convey that we are associated, partners or have any other business or referral relationship with you unless you have received such authority from us in writing. Such authority may be withdrawn by us at anytime and you must comply with such revocation immediately.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or our Services, use of the Services, or access to the Services or any contact on the website through which the Services are provided, without express written permission by us.
3. Application of Trade and 30-Day Credit Accounts
3.1 If applicable and subject to our approval, you may apply for Trade and 30-Day Credit Accounts, if you:
have a valid Australian Business Number (ABN);
complete and submit the relevant application forms;
maintain a minimum spend of $2,000 per financial year of which will be reviewed by Hospitium on 1 July yearly;
if your minimum spend falls below the $2,000 threshold, we may suspend or cancel the 30-Day Credit Account but you may still hold a Trade Account and receive discounted pricing (if available);
In absence of a valid 30-Day Credit Account, all purchases must be paid in full at the time of purchase.
4. Intellectual Property Rights
4.1 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and Hospitium, that Hospitium own all intellectual property rights in the Site or have been authorised to use such. These can include but are not limited to graphics, text, html code, trademarks, graphics, logos, icons, images, software and moral rights to content. The rights are protected from reproduction, licence, sale distribution or other dealings and are not to be used without our written permission.
4.2 By posting or adding any content onto the Site, you grant us a perpetual, nonexclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
4.3 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
4.4 The licence in clause 4.3 will survive any termination of these Terms.
4.5 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 4.2 and 4.3.
5. Using the Hospitium service
5.1 Hospitium acknowledges that it must comply with all relevant Victorian and Australian consumer legislation as in place at the time of your order.
5.2 Prices, styles and types of products and services as offered on our Site either directly from Hospitium or third party providers may vary and change from time to time.
5.3 If you are using our Site to order through third party providers, save for relevant consumer legislation requirements:-
Whilst every effort is made by Hospitium to only deal with reputable and professional third party providers who provide quality products and services, Hospitium accept no responsibility or liability for the quality or quantity of any products provided or ordered from any third party provider.
Third party providers may be listed and or linked to the Hospitium website and whose products or services may from time to time appear on Hospitium Site.
It is the responsibility of you as the customer of the third party service provider to thoroughly check the supplied products and or services on receipt of an order.
All questions regarding third party products and services shown on this Site should be directed to the third party provider.
Any disputes between the third party provider and yourself shall be resolved between you and the third party provider directly.
In addition to providing products and services directly from Hospitium Site, Hospitium may also provide the method for ordering from third party providers and does not in any way purport to provide any guarantee with respect to the products and services as ordered by you through third party providers.
By placing an order through Hospitium you accept such limitation and acknowledge that Hospitium is not liable for the products and service of third party providers.
Order placement
(a) Your placement of an Order to Hospitium is:-
an express intention and confirmation by you as to our Terms and the purchase of the products and services from us.
That if placing an order to a third party provider we only act as agent for taking the order and accepting payment on their behalf and you
have no claim against Hospitium for any loss or damage as your claim will be directly to the third party provider.
5.7 Confirmation of Order
Once you have placed an Order you will receive confirmation as to the Order.
You need to retain the order number should you need to contact us regarding your order.
If we are advised of any error in your order or of we are unable to provide the products and services as ordered by you at the price ordered by you, we will advise you as per the contact method and details supplied by you at the time of order.
It is therefore imperative that all your contact details including the email address and telephone number provided is correct and your email is in proper working order, as all correspondence regarding your order is sent to the email address provided.
We may at our discretion contact you by telephone to discuss your order or our services.
5.8 Payment
The placement of your Order through Hospitium confirms a binding agreement for you to pay for the products and services as ordered by you.
Prices are inclusive of GST in Australian dollars and your payment direction given at the time of Order will be relied upon by Hospitium.
Any products and services as appear on Hospitium Site are subject to change and subject to availability.
The Fees payable for the Order are as determined and notified by us when accepting your Order and detailed in the Order Confirmation.
Unless otherwise advised by you, the Fees will be charged to your Payment Card being the credit or debit card you have registered with our payment gateway in order to purchase the Order.
By placing an Order, you consent to Hospitium deducting payment for the products and services whether in one transaction or multiple transactions.
If a product or service is unavailable either by stock unavailability or at the price ordered, Hospitium may at its full discretion and without seeking advice from you, cancel your Order and refund any payment to you.
You must not set off against, or deduct from the price, any sum owed or claimed to be owed to you by Hospitium nor to withhold payment of any invoice because part of that invoice is in dispute.
All overdue accounts are not eligible for discounted pricing of the products and the overdue amount must be paid in full prior to placing further purchases or orders with Hospitium.
5.9 Cancellation and changes.
Whilst the cancellation of an Order is an unlikely event, if your Order for products and services has been prepared or the preparation of such has commenced, you will still be liable for the payment notwithstanding that you do not accept delivery.
If the products and services are returned to us on your non acceptance of delivery and we incur a return to supplier charge, we may invoice you for such and you will pay for such additional charges. We will rely on this clause in any dispute as to payment charges invoiced and or debited to your nominated payment method.
It is your sole responsibility to check that the products and services in your Order are correct, and no refund will be provided to you once an Order has been accepted by Hospitium. This includes where you:
change your mind, or
find that you have made a mistake; or
are unable to collect the Goods that you have purchased.
We may, at our absolute discretion, cancel or change your order on your request and in such event we will do our best to advise you of such and any costs incurred in doing so will be invoiced to you and payable by you.
Of course you have the consumer rights of protection under Victoria and Commonwealth of Australia legislation, for example, if the products are faulty or broken.
We aim to meet the estimated delivery time you specified, such times may be affected by factors beyond our control and therefore cannot be guaranteed. If we are informed of any prolonged delay, we will advise you accordingly of the unexpected delay.
Incorrect personal details may lead to problems or delays in delivery, so please ensure that you have included your correct delivery and contact address, email address and contact telephone number and any other required information when ordering.
You are responsible for keeping and maintaining the confidentiality of your personal information.
Your details as entered may be used to assist you in future orders and your user history may be retained by us to assist you with future Orders and dealings with Hospitium.
You acknowledge and agree that your details will be provided to third party providers such as courier and delivery companies to allow for the delivery of products and services to you.
6. Errors, Inaccuracies or Omissions
6.1 We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
6.2 This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
6.3 We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site.
6.4 You agree that it is your responsibility to monitor changes to our Site.
6.5 Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
6.6 We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
6.7 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
6.8 No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
7. Changes to the Services and Prices
7.1 Prices for our products are subject to change without notice.
7.2 We reserve the right at any time to modify or discontinue the products or Services (or any part or content thereof) without notice at any time.
7.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the products or Service.
8. Availability of Products or Services
8.1 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to clause 10.
8.2 We have made every effort to display as accurately as possible the colour and images of our products that appear at the store.
8.3 We cannot guarantee that your computer monitor’s or mobile device display of any colour will be accurate.
8.4 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
8.5 We reserve the right to limit the quantities of any products or services that we offer.
8.6 All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.
8.7 We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.
8.8 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
9. Title and Risk
9.1 The title to and ownership of the goods must not pass to you until Hospitium has received payment in full for the goods and any further amount owed by you.
9.2 Until full payment for goods has been received and cleared in the account of Hospitium, you are to hold the goods as a bailee and agent for Hospitium.
9.3 If any goods are lost, damaged or destroyed following delivery but prior to ownership passing to you, Hospitium is entitled to receive all insurance proceeds payable for the goods.
9.4 All freight costs and in-transit insurance costs for the goods are your responsibility and are additional to the price of goods sold.
9.5 Risk in the goods will pass to you upon completion of delivery in accordance with this agreement and delivery of such to your agent, carrier or representative shall constitute a complete delivery to you.
9.6 If you request for goods to be left outside our premises for collection or request goods to be delivered to a location which is unattended, goods will be left at such location at your sole risk and delivery is deemed complete.
10. Defects and Returns
10.1 You will be deemed to have accepted the goods free from defects or any other non-conformity such as incorrect goods, short delivery or change of mind unless we have received notification in writing to the contrary from you within 5 working days from the date of delivery and/or installation of the goods.
10.2 Goods will be accepted for return if we have notified you in writing that we will accept such return.
10.3 Subject to this clause 10, returns may be accepted by us provided that:
You have complied with the provisions in this clause 10;
We have agreed that the goods are defective;
The goods are returned to us within a reasonable time at your cost; and
The goods are returned in the same condition as when the goods were originally delivered to you together with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
10.4 Hospitium may in its absolute discretion to accept non-defective goods for return in which case you are required to pay all handling, restocking fees plus any freight costs.
11. Billing and Account Information
11.1 We reserve the right to refuse any order you place with us.
11.2 We may, in our sole discretion, limit or cancel quantities purchased per person, per entity or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
11.3 In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
11.4 We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Reviews Comments and Ratings.
From time to time Hospitium may provide functionality to enable users to enter comments, reviews or ratings on third party providers on a comments page, open forum or otherwise.
The use of such is for informational purposes only and is not a guarantee or recommendation of Hospitium as to the products and services of the third party provider.
By using any such method of comments, review or ratings on the Hospitium website you authorise us, subject to Australian Consumer Law to protect and limit damage to the reputation and goodwill of Hospitium or a third party provider of any comment, review or rating which Hospitium considers at its absolute discretion to be offensive abusive, hateful, discriminatory (whether based on race, religion, age, nationality, gender, sexual preferences or otherwise), defamatory, abusive, malicious, unwarranted, harassing, baseless, untrue, false, unsubstantiated or damaging comments, reviews or ratings and such will be removed with or without notice to you at our absolute discretion.
You will disclose any professional, commercial, personal or affiliation or relationship or related business or industry you have with any third party provider within the review, comment or rating.
Should we be required to act to remove any review, comment or rating as per clause in 12.3, you authorise us to terminate any agreement between you and Hospitium. If you do not agree to our rights to do so, you are not permitted to use our services and this website and any authority to do so is immediately revoked.
You should not use our Site if you do not consent to our rights as to clause 12.3.
13. Indemnity
13.1 You agree to indemnify and hold Hospitium and all related entities, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (including consequential losses) of every kind and nature, whether immediately determined or otherwise, including all Hospitium reasonable legal costs and solicitors’ fees on a solicitor and client basis, made by any third party due to or arising out of your use of the Site or breach of this Agreement or the terms and conditions, or your violation of any law or the rights of a third party.
14. Warranties
14.1 You represent and warrant to us that:
You are over 18 years old.
You are a resident of Australia.
You are a person as defined under the Acts Interpretation Act 1901.
You have the legal capacity to enter these Terms.
You have complied with these Terms and will continue to comply with any future amendment to these terms of use as available on our website from time to time.
You provide Hospitium the indemnity detailed in clause 13.
14.2 If you are not a resident of Australia then you agree to:- (a) the terms contained herein and not any other jurisdiction.
(b) You accept all risk with delivery of the goods and services.
15. Personal Property Securities Act 2009 (“PPSA”)
15.1 Words and phrases used in this clause 15 which are defined in the PPSA have the same meaning in this clause 15.
15.2 You acknowledge and agree that your acceptance to the Terms forms part of the agreement between Hospitium and you for the supply of goods under the 30-Day Credit Account or any current credit facility in place with us which constitutes a security agreement that covers the Collateral for the purposes of the PPSA.
15.3 In this clause 15, Hospitium holds a security interest and may register a financing statement for such interest over all present and after acquired goods and any proceed of the sale of those goods as security for all amount owing now and in the future by you to us (“Collateral”).
15.4 You undertake to:
Do all things and promptly sign all documents as are necessary and reasonably required to enable us to acquire a perfected security interest in all goods supplied;
Provide information as required to enable registration of a Purchase Money
Security Interest (“PMSI”);
Not, without obtaining prior written consent of Hospitium, change your name or initiate any change to any registered documentation, or act in any manner which would impact on our security interest;
Waive or exclude the application of such sections in PPSA as we may require, subject to those sections being capable of exclusion; and
Until the title in the goods pass to you, keep all goods supplied by us free of any charge, lien, or security interest and not otherwise deal with the goods in any way that will or may prejudice any rights of Hospitium under these Terms or the PPSA.
You further agree and acknowledge that a PMSI is granted by you, in priority to all other creditors, in favour of Hospitium and in respect of all goods we supply to you from time to time, as security for your payment obligation to us.
You will pay on demand Hospitium’s reasonable costs and expenses incurred in relation to or in connection with matters referred to in this clause 15.
Hospitium reserves the right at any time to make amendments, alterations to this clause in Hospitium’s absolute discretion, determined are necessary to protect such security interest.
16. Liability
16.1 You use the Hospitium service at your own risk acknowledging that Hospitium is a service that provides users like you with products and services and at times, links to third party providers.
16.2 Hospitium cannot and does not warrant or guarantee the products and services of the third party providers.
16.3 Whilst Hospitium attempts to always have up to date information as to the available products and services available directly and through third party providers, Hospitium will not be liable for any information as is provided to it by third party providers.
16.4 Hospitium endeavours to have correct information available at all times however does not accept any liability for any information which may be incorrect as to the quality, description whether in writing or by image of item available.
16.5 To the full extent permitted by law, Hospitium excludes all liability in respect of loss of service, inconvenience, interruption of business or any consequential or incidental damages should we be unable to provide the Hospitium’s products and services.
16.6 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
16.7 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations.
17. Limitation of liability
17.1 This Clause 17 does not exclude or modify any condition or warranty implied into this agreement, or any liability imposed on Hospitium, by law (including the Australian Consumer Law) if to do so would contravene the law or make any part of clause 17 void.
17.2 Hospitium:
excludes any condition or warranty implied into this agreement; and
limits its liability for breach of any implied condition or warranty that it cannot exclude to the greater of (at Hospitium’s option):
for products, repairing or replacing those products or the cost of paying to having those products repaired or replaced; or
for services, resupplying the services or paying the cost of having those services resupplied.
18. Termination
18.1 These Terms terminate automatically if, for any reason, we cease to operate the Site.
18.2 We may otherwise terminate any agreement with you under these Terms immediately, with or without notice to you, if, in our opinion, you have breached these Terms in any way.
18.3 We may change theses Terms at any time however if we do so they will be updated on the Hospitium’s website for your review. We do not have to inform you of such change in Terms. We strongly recommend and advise you to review our Terms before every use of the Site or our products and services.
18.4 We can change, modify or alter at any time, without notice to you, the content, ordering method and information on the Site and your continued use provides your consent to the acceptance of such changes, modifications, alterations or amendments.
18.5 We reserve the right to:-
terminate any registration by you of the Hospitium service.
prevent you from using the Hospitium service.
Take any action to prevent damage, liability or loss to:-
Hospitium’s business, reputation or goodwill.
Third party providers business, reputation or goodwill.
We reserve the right to use whatever resources are available including information provided by you to trace your IP address, contact your ISP, relevant legal and statutory authorities if you breach Hospitium’s Terms and or policies.
19. General
19.1 You must not assign, sub-licence or otherwise deal in any other way with any of your rights under these Terms.
19.2 If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
19.3 Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
19.4 This Agreement is governed by the laws of Victoria and each party submits to the jurisdiction of the courts of Victoria and Commonwealth of Australia.
19.5 Neither party shall be liable for any default, failure to perform or delay of performance of any obligation due to the act of God, war, terrorism, strike, lock-
out or lock-down, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
19.6 Any claim or dispute between you and the third party provider or Hospitium shall be decided exclusively by a court or tribunal of competent jurisdiction in Melbourne, Victoria, Australia.
19.7 If Hospitium does not enforce any of its rights against you, such will not be a waiver of those rights.
20. Contact Us
20.1 You may contact us with any questions before you use the Site.
20.2 You can contact us on [email protected] or by contacting us through our website inquiry at www.hospitium.com.au.
The Team at Hospitium