Rise Up Catering

Terms & Conditions

This Terms and Conditions (this “Agreement”), is a legal agreement made and entered between you (“Client”) and Rise Up Catering, a [Enter state] catering service company, and is effective as of the day on which you evidence your assent hereto by clicking “Agree” on our contact form.
WHEREAS, Client wishes to engage Rise Up Catering, from time to time, as requested by Client, to prepare personal meals for Client, provide cooking classes, cater events, assist in grocery shopping and related tasks in the residence of Client (the “Services”); and
WHEREAS, Rise Up Catering desires to perform the Services for Client.
NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the Client and Rise Up Catering agree as follows:
Section 1. Services. Rise Up Catering hereby agrees to perform the Services, at such times as may be mutually agreed between Client and Rise Up Catering. The Services may include, as to be agreed by Client and Rise Up Catering from time to time, purchasing groceries, food preparation, and other services ancillary to food preparation.
Section 2. Area of Service. Rise Up Catering offers services under this Agreement as defined in section 1 throughout the [Enter Number] county region comprising: [List country region] (herein after “district”).  If your address is outside the area of service you may not be eligible to receive services by Rise Up Catering. Rise Up Catering reserves the right to refuse service or assess additional travel and mileage fees at its sole discretion for service provided outside the service area. Rise Up Catering reserves the right to verify any address provided.
Section 3. Quality Standard of Performance; Right to Subcontract. Rise Up Catering represents and warrants that it shall perform all of its obligations under this Agreement in a professional manner and generally consistent with the Client’s requests. Notwithstanding anything to the contrary contained in this Agreement, Rise Up Catering shall be permitted to assign any or all of its obligations under this Agreement to a subcontractor, or other independent agent, at Rise Up Catering sole discretion.
Section 4. Duties and Obligations of the Client. In order that Rise Up  Catering may be able to perform the Services, the Client shall: 4.1) Provide Rise Up  Catering with sufficient information regarding the culinary services and food preparation requested, including any special dietary needs, food allergies, or preferences; 4.2) Provide Rise Up  Catering the necessary ingredients, as provided on the shopping list, which are required for the service and ensure that the shopping is available in time for the service; 4.3) Provide the cooking facilities and instruments including but not limited to clean and empty sink, dishwasher and benches necessary for Rise Up  Catering to provide the Services (except as otherwise mutually agreed on a case by case basis); 4.4) Inform Rise Up  Catering prior to service date if a collapsible table will be required due to limited bench space; 4.5) Due to food licensing regulations, Leave refrigerated item on a single shelf in the fridge, which the cooked dishes will be returned to on completion of the service; and 4.6) In the event that Client shall request that Services be provided while Client is not located at Client’s residence, Client shall provide any and all items necessary for Rise Up  Catering to gain access to Client’s residence, including, but not limited to a key and any alarm or other access codes. If for any reason Rise Up Catering is unable to gain access into the premises, the Client shall forfeit payment made for the day.
Section 5. Duties and Obligations of Rise Up Catering. As part of our Service, you may order, and our representatives may provide, cooking Services in your home: 5.1) Using reasonable efforts to ensure that the cooking will be provided in a professional and satisfactory manner. i) You understand and agree, however, that this does not guarantee that your cooking will be performed to your satisfaction, that it will meet your needs, or that it will meet any applicable industry or professional standards. ii) You hereby acknowledge and agree Rise Up  Catering total liability to you for any actual or alleged damages arising out of or related to this Agreement (including, without limitation, actual or alleged damages to your property resulting from a cook performed by a Rise Up  Catering representative or your interactions with a representative) will be as is set forth in the section 17 below; 5.2) Rise Up  Catering provides representatives with many years of experience and blue card/police checks available for your security.
Section 6. Compensation; Reimbursement. In compensation for the performance of the Services by Rise Up Catering, the Client hereby agrees to pay Rise Up Catering the agreed to fee less any negotiated discounts.
6.1) Client hereby agrees to provide Rise Up Catering with a valid and active credit card number, which Client may change at its discretion from time to time (the “Credit Card”) and hereby authorizes Rise Up Catering to charge the Fee to the Credit Card at the time of service request, prior to performance of service or delivery of grocery items.
6.2) Client hereby agrees to reimburse Rise Up Catering for all out-of-pocket expenses incurred by Rise Up Catering in connection with the provision of the Services under this Agreement (“Expenses”). Rise Up Catering shall, upon request, submit copies of invoices and receipts detailing Expenses to the Client. Unless Client otherwise arranges for reimbursement of the Expenses, Client hereby agrees that Rise Up Catering may charge the Expenses to the Credit Card immediately following purchase of groceries or supplies related to the performance of Services under this Agreement.
6.3) In the event that Client breaches its obligations under sections 4 above, Rise Up Catering shall be authorized to charge a Fee for the Services agreed upon, but for Client’s breach.  Additional fees may include cancellation fees, reimbursement(s) related to expenses incurred for services under this Agreement or change fees for rescheduling service(s) dates.
Section 7. Cancellation. Rise Up Catering reserves the right to cancel Client services at any time if Client fails to pay amounts owed, violates or breaches any of this Agreement, or for any reason in our sole discretion.  Client may cancel services at any time by contacting Rise Up Catering at [0448844553 or Jayden@riseupcatering.com]. Client cancellation in under 5 business days from the date of service will result in a loss of all fees and payment for service at the discretion of Rise Up Catering. Cancellation notice provided by Client in advance of 6 business days from the date of service will result in a 50% refund of fees paid. $55 per hour service fee for time spent thus far will be charged as cancellation fee or change fee if the service date may be rescheduled as mutually agreed upon. The Client will remain responsible for any payment of any outstanding balances accrued through the cancellation date, including late fees, change fees, and cancellation fees described herein.
Section 8. Taxes. Client is responsible for all taxes or government fees and charges, if any which are assessed based on the services provided under this Agreement. Any amount charged to Client may be subject to tax, which will vary according to your billing address and applicable law.
Section 9. Fees. The following fees may be charged, all of which are subject to change without notice: 9.1) Late Fee if payment is not received by the billing due date a late fee may be assessed. The late fee is the lesser of [Enter Amount] or the maximum amount permitted under state law per month until the delinquent amount is paid in full. Credit is not extended to the Client. This is not an interest or finance fee.
9.2) Returned Payment Fee if any bank or other financial institution refuses to honor any payment of Client, a returned payment fee which is the lesser of [Enter Amount] or the maximum amount permitted under state law may be assessed.  Client acknowledges this is not an interest fee and is reasonably related to actual expenses incurred due to unsatisfied payments.
9.3) Change Fee if the Client is unable to adhere to the terms of service under this Agreement and seeks to reschedule the date of service a change fee of $40 per hour will apply. The Client shall be liable for any grocery, travel or supply expenses related to a change request received with less than [Enter time duration] notice from the originally scheduled date of service.
Section 10. Online Payment. Our shopping service requires your credit card details for payment of the groceries and any delivery charges. We will contact you for these details and to arrange a delivery time. These details are used for the sole purpose of processing the necessary items and delivery and are not stored on our database. You must provide accurate and complete information. You must notify immediately of any breach of security or unauthorized use of your credit card. Rise Up Catering will not be liable for any losses caused by any unauthorized use of your account. If you elect to purchase a cook through our online or mobile Service, you agree to pay the amount presented on the billing screen and as set forth on our website. Rise Up Catering may add new services for additional fees and charges, or amend fees and charges for existing Services, at any time in its sole discretion. Rise Up Catering will bill your credit card to confirm your booking. The Groceries must be delivered at least 12 hours prior to the cook commencing so that indiscrepancies can be addressed. Ingredients must be stored according to the manufactures instructions. This service forfeits any right to rewards points. In the case that any of the requested items are unavailable, we will substitute it with the closest possible alternative.
Section 11. Mode of payment for proposed service. Our online shoppers are very thrifty and are committed to finding the best value for money for your purchases. In the instance that an item is not available, we will collect it on the way to your appointment and you will be required to reimburse our representative on arrival. A receipt will be provided from the representative. Our service is paid for up front, with a safe, worry free credit card payment. Paypal will accept credit cards payments without an active Paypal Account.
Section 12. Disclaimer. Our recipes are prepared fresh, on your premises, with your fresh ingredients. Rise Up Catering will not be held responsible for any issues arising from the freshness of the items that you provide for us to prepare.
Section 13. Allegies. It is the Clients responsibility to refer to the ingredients of each meal. We have a range of alternative ingredients for anyone with allergies or intolerances. We expect that these issues will be addressed PRIOR to arrival for the service, so that we can change the shopping list accordingly. Rise Up Catering will work in a manner to minimize the risk of cross contamination however will not be held responsible for the contamination of ingredients provided by the client. In the case where severe allergies are present, we recommend that the client provides all chopping boards for preparation of the meals.
Section 14. Term. This Agreement shall be effective as of the date first above written and shall continue in full force and effect until either party terminates this Agreement by giving notice to the other party of such termination.
Section 15. Independent Contractor Relationship. Rise Up Catering shall provide all services under this Agreement as an independent contractor and not an employee of Client. Rise Up Catering is responsible for its own actions and/or those of its employees, designees, subcontractors or representatives if any. The Client is interested in the results obtained under this Agreement, and accordingly the manner and means of conducting the work under this Agreement are within Rise Up Catering independent judgment and control.
Section 16. Non-exclusivity. It is expressly understood that Rise Up  Catering is free to engage in other contracting, employment, consulting, or other business activities during the term of this Agreement, provided, however, that during the term of this Agreement, Rise Up  Catering shall not engage in activities which interfere with Rise Up  Catering’s ability to perform its obligations and responsibilities to the Client under this Agreement.
Section 17. Limitations of Warranty and Liability.
17.1) EXCEPT AS STATED IN THIS AGREEMENT, RISE UP CATERING MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SERVICES AND Rise Up Catering EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
17.2) UNDER NO CIRCUMSTANCES WILL RISE UP CATERING BE LIABLE FOR CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF CLIENT OR ANY OTHER PARTY ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT, OR OTHERWISE. NOTWITHSTANDING THE FORM (e.g., CONTRACT, TORT, OR OTHERWISE) IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, IN NO EVENT WILL RISE UP CATERING BE LIABLE FOR DAMAGES OR LOSSES THAT EXCEED, IN THE AGGREGATE, THE AMOUNT OF FEES PAID BY CLIENT FOR THE SERVICES PERFORMED UNDER THIS AGREEMENT.
Section 18. Indemnification. Rise Up Catering agrees to indemnify the Client against and reimburse the Client for any and all liability, loss, claims, or actions arising from damage or injury to persons or property caused by or sustained in connection with Rise Up Catering’s gross negligence or willful misconduct committed in connection with the performance of this Agreement. The Client agrees to indemnify Rise Up Catering against and reimburse Rise Up Catering for any and all liability, loss, claims, or actions arising from damage or injury to persons or property caused by or sustained in connection with the Client’s gross negligence or willful misconduct committed in connection with the performance of this Agreement.
Section 19. Severability. If any provision of this Agreement is held to be illegal, invalid, or unenforceable in any respect, the Client and Rise Up Catering agree that such term or provision shall be deemed to be modified to the extent necessary to permit its enforcement to the maximum extent permitted by applicable law.
Section 20. Entire Contract. This Agreement contains the entire agreement between the Client and Rise Up Catering and completely supersedes any and all prior agreements, written or oral, between the parties. There are no agreements, representations, or warranties not set forth herein, and this Agreement cannot be waived, modified or supplemented, except by written agreement executed by the Client and Rise Up Catering.
Section 21. No Assignment. This Agreement is personal in nature and shall not be assignable or transferable by either party without the prior written consent of the other party.
Section 22. Waiver. Waiver by either party of any breach of this Agreement shall not be construed as a waiver of any rights under this Agreement for any subsequent or continuing breach hereof.
Section 23. Recovery of Legal Fees. The Client agrees to pay Rise Up Catering legal fees and damages associated with debit collections, legal action or other legal matters related to enforcement or compliance with this Agreement.
Section 24. Governing Law. This Agreement and performance by the parties hereunder shall be governed by and construed in accordance with the laws of QLD.

The parties have to agree to this Agreement.
 
REFUND & EXCHANGE POLICY
Clients may receive a refund in the form of a credit for fees paid issued to the credit, debit or merchant account used in making the purchase from Rise Up Catering for up to 6 business days following the initial purchase transaction. Such credit may require up to [5] before appearing on the merchant service account or credit card.
Rise Up Catering refund policy is subject to change at any time.
Refund Calculations
Refunds will be calculated based on the total fee paid.
Time Limits
Client refunds become non-refundable, not valid and have no exchange value, after [Enter duration] from the date payment was made for that fee or service request.
Where to Obtain Refunds
Refunds may be processed by calling [Enter Number].

ONLINE PRIVACY POLICY
(The policies stated within this document are applicable to Rise Up Catering website and other sites owned and operated by Rise Up Catering on the World Wide Web.)
Your Privacy
The privacy of our visitors, customers and clients is very important to us. Since we do gather information about you, we provide this privacy statement to enable you to understand the terms and conditions associated with the collection of this data, as well as how we use it and how you can correct or change it. In addition, Rise Up Catering pledges the following:
Privacy Pledge
1.    Unless you otherwise agree (as indicated below), the information you give us or that we collect about you will not be shared with any third party, except with those third parties providing services to us (“our service providers”) and then only in the form of statistical information which has been aggregated with other user information for the purposes of our own website research and development in an effort to better serve your needs.
2.    We will never contact you without your permission, and we will immediately terminate any communications with you upon request.


Online and Mobile Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that grants the operators of public search engines revocable permission to use spiders to copy materials for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.


Cookies
All sites owned and operated by Rise Up Catering use cookies. A cookie is a small data file written to your hard drive. Cookies allow us to understand user behavior so we can more effectively develop information and programs to serve you better. Our third-party ad serving company, delivers a one-time cookie to your hard drive in order to better track ad impressions and click-through rates generated by your activity on our websites. Advertisers require information regarding ad impressions and click-through rates, and by providing them with this information, we are able to keep our websites free to our visitors. Please be assured that, except for sharing impressions and click-through rates with our third-party advertisers, the information you give us or that we collect about you in connection with our use of cookies will not be shared with any other third party, except with our service providers and then only in the form and for the purposes stated in the above Privacy Pledge.
If you are concerned about the use of cookies, you have the option to set your browser to warn you before accepting cookies, or to turn off cookies entirely. The options to warn or disable cookies can be found in the “Options” or “Preferences” feature of your browser. You do not need to enable cookies in order to use any site owned and operated by Rise Up Catering.
Links to Other Sites
Please be aware that when you are on Rise Up Catering website or any site owned by Rise Up Catering, or when you receive an e-mail message from us on behalf of a marketer, you could be directed to other sites that are beyond our control, such as the marketer’s site. There may also be links to other sites from Rise Up Catering’s pages or from the e-mail message we send you that take you outside Rise Up Catering. These other sites may send their own cookies to visitors, collect data or solicit personal information. The privacy policies of these other sites may be significantly different from this privacy policy. We are not responsible for the privacy practices of these other sites and cannot guarantee the security of any of your personal information collected there.
Security
Protecting the security of your personal information is very important to us. When we store information you have provided to us, that information is protected by security measures that include “firewalls” (a combination of computer hardware and software that helps keep unauthorized visitors from accessing information within our computer network), “intrusion detection systems” (a combination of computer hardware and software that helps detect any unauthorized visitors), “secure socket layer” (data encryption used when transmitting certain information such as personal information from a form or a transaction) and other security measures such as secure storage. Unfortunately, no data transmission over the internet or data repository can be guaranteed to be 100% secure. As a result, while Rise Up Catering strives to protect your personal information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and cannot be responsible for the theft, destruction or inadvertent disclosure of your personal information.

Rise up Catering MEDIA RELEASE 
BY agreeing to Terms of service I grant permission to Rise up Catering, hereinafter known as the “Media” to use my image (photographs and/or video) for use in Media publications including but not limited to:
Videos, Email Blasts, Recruiting Brochures, Newsletters, Magazines, General Publications, Website and/or social media  
I hereby waive any right to inspect or approve the finished photographs or electronic matter that may be used in conjunction with them now or in the future, whether that use is known to me or unknown, and I waive any right to royalties or other compensation arising from or related to the use of the image.


Correcting Information
You can correct or update any information you have provided to Rise Up Catering by sending an e-mail to Jayden@riseupcatering.com

Changes to the Rise Up Catering Privacy Policy
This privacy policy may be modified from time to time. If there is a significant change, we will indicate on our sites that our privacy policy has changed and provide a link to the new policy. 
Contacting Rise Up Catering
Should you have any questions, concerns or suggestions, you may contact Rise Up Catering by e-mail at 
jayden@riseupcatering.com
0448844553
Effective Date: 12,8, 2020

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0448 844 553

Based in Slacks Creek,

Brisbane, Queensland

Australia 4127

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