Your OrderNew Item
Hi {name},
Please find attached an order from YourOrder.com.au.
Please click the following link to confirm: {link}
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YourOrder – Order Terms and Conditions
4. REMUNERATION TO BE PAID TO YourOrder
4.1 YourOrder will invoice the customer and the customer will pay YourOrder directly.
4.2 THE CATERER will invoice YourOrder directly for their catering costs.
4.3 THE CATERER will provide an agreed discount of …….% for all orders generated by YourOrder.
8. THE CATERER’S WARRANTIES
THE CATERER warrants and represents to YourOrder: -
(a) that THE CATERER has full rights, power, and authority to enter into this Deed and to carry out the terms hereof and perform its obligations hereunder; and
(b) has the complete, entire, unfettered and exclusive rights in the Product; and
(c) that the Product when packaged by THE CATERER will be safe for use solely for the purpose for which the Product is intended to be used and only in the manner described for use of the Product as from time to time agreed upon in writing by the parties.
7. CONFIDENTIALITY
YourOrder covenants with THE CATERER that throughout the Term and for a period of five (5) years thereafter that it will and it will procure that its servants and agents will at all times keep confidential and not publish or disclose to any person except with the prior written consent of THE CATERER (which consent may be withheld in the absolute discretion of AL) or in accordance with law:-
(a) any information or knowledge in relation to the Product or its formulation which has been disclosed by THE CATERER to the Agent in circumstances where it
Be involved in any capacity in any business or activity, which is the same as or similar to YourOrder or any material part of it. This restriction applies throughout:
i Australia and the United Kingdom; or
ii Australia; or
iii New South Wales ,Victoria and QLD; or
iv within 50 kilometres of the Company's office in Sydney;
b. Solicit the custom of anyone who was a customer or prospective customer of YourOrder at any time within the previous 12 months before the termination of this Agreement;
c. entice away or endeavour to entice away from YourOrder any employee or anyone who was at any time during the previous 12 months, a representative of or adviser to the Business; or
d. at any time use a logo, symbol, trademark or business name substantially identical or deceptively similar to a trade mark or business name owned or used by YourOrder
16. RESTRAINT IN RELATION TO CUSTOMERS
(a) THE CATERER acknowledges that all customer lists and information is confidential information to YourOrder.
(b) THE CATERER hereby warrants not to directly contact YourOrder’s customers to provide them with any services ancillary to this agreement.
(c) THE CATERER hereby warrants not providing the customer lists to any related party of THE CATERER.
(d) THE CATERER hereby warrants not providing any services to YourOrder’s customers ancillary to this agreement if the customers directly contact THE CATERER. In this instance, THE CATERER will encourage the customer to contact YourOrder directly.
(e) THE CATERER hereby acknowledges that clause 16(b) survives the termination of this contract
15. DELIVERY & DISTRIBUTION
15.1 THE CATERER shall be fully responsible for the collection, transportation, picking, packing and dispatch of the Products to the Customer, or to any place advised by the Customer, within the Sydney Metropolitan Area.
15.2 THE CATERER will, at the request of YourOrder, pack the Product suitably for delivery to a destination to be advised by YourOrder. THE CATERER will be responsible for all costs of freight to be arranged for the journey from the point of the Product leaving the caterer’s warehouse after packing to YourOrder ’s requested destination.
15.3 The risk in the Product during transit shall be the caterer’s until arrival at the destination.
You are agreeing to these terms and conditions when you make confirmation and acceptance for this booking.
Ph 1300 10 17 18
