WEBSITE TERMS AND CONDITIONS

Welcome to Willow George Co Pty Limited [ABN 24657301061] and www.willowgeorge.co, our website. We're so glad you're here! By visiting our website and using the services our website provides, you are agreeing to these terms and conditions and any other policies we publish or link to on our website; we like to call this an "Agreement". If you don’t accept to our Agreement, we kindly ask that you surf elsewhere. Just know that if you breach our Agreement, we may need to terminate your use of our website.  We may also change, suspend or stop providing our website at any time, but we'll always try to let you know if that is the case.

Now, let's chat about your obligations when using our website.

 

YOUR OBLIGATIONS WHEN USING OUR WEBSITE

To provide correct information and comply with the law

Firstly, please provide us with current and accurate information when filling out any of our opt-in or other forms. It is also important that you comply with the laws of NSW and Australia when you use our website, including, but not limited to, all intellectual property and cybercrime laws. If you're accessing our website from outside of Australia, please make sure to also comply with all the relevant local laws.

 

To only make personal and non-commercial use of our Content

Next up, please only use the website and its Content for your personal and non-commercial use. We own or license the Copyright in all Content on our website, and any other use is prohibited unless permitted by law, or with our prior written permission (which you can request by emailing hello@willowgeorge.co). All trademarks on our website belong to their respective owners.

 

To use third party software, links etc at your risk

If you choose to use third-party software, links or other tools to enhance your experience on our website, please do so at your own risk. We provide the links for your assistance only, and we have no control over those other sites or their content. We do not endorse them in any way, and any use of those sites is at your sole risk. Similarly, we have no control over third-party apps and software and do not make any warranties in relation to them. You will need to read and agree to their terms and conditions before using them

 

To be respectful when posting

We want to encourage you to engage in online discussions in our community. However, we ask that you be respectful when posting. Please don't include any personal information such as your email address or physical address in any posts. Please also follow our posting rules. We don't allow:

• any disrespectful, inappropriate, offensive, threatening or abusive content;
• any content that breaches the rights of a third party (e.g., which is defamatory);
• any content that impersonates any other person, or misleads us as to the origin of your posts; or
• any advertising, self-promotion or sales.

Where posts do not comply with these rules, or are otherwise objectionable, we may, but are not obliged to remove them. You are solely responsible for all your posts.

 

WE MAKE NO WARRANTIES OR GUARANTEES

We need you to know that we make no warranties or guarantees about our website or its Content. We can't guarantee our website will always be available, that your use will not be interrupted or that our website is free from viruses or secure; or that our Content is accurate, complete and current.

For example, sometimes we will be making changes to our website, or you may come across an old landing page, historical information, incomplete pages or inaccuracies.  If you find any issues, please email us at hello@willowgeorge.co.

 

LIMITATION OF LIABILITY AND INDEMNITY

We exclude, to the maximum extent permitted by law, any liability in connection with your use of our website and its Content. We are not responsible for any Loss or Damage suffered in connection with your use of our website, its Content, any interruptions, changes, suspension or termination of our website or any events beyond our control.

Additionally, you indemnify us for any Claim arising out of or in connection with any third-party links, websites, apps, software, products and services; your breach of this Agreement, your breach of the law including your local laws, or your breach of the rights of a third party.

 

OTHER

This Agreement is governed by the laws in NSW, Australia and the parties submit to the jurisdiction of the courts of NSW, Australia. If any part of these terms and conditions is not enforceable, it shall be severed from this Agreement and the remaining provisions will be in full force and effect. The obligations and liabilities in this Agreement survive termination. The failure to exercise our rights or enforce a provision under this Agreement does not waive the future operation of that right or ability to enforce the provision.

 

DEFINITIONS

“Claim” means any claim, under statute, tort, contract or negligence, any demand, award or costs.

“Content” means any content on our website, and could be any trademarks, brand names, logos, all copy, images, art, graphics, music, audio, videos, designs or any other content.

“Copyright” means all rights pursuant to the Copyright Act 1968 (Cth).

“Loss or Damage” means any loss or damage including, but not limited to, any loss of salary, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss or damage to reputation, loss of data, personal injury, property damage or legal costs.

“We, us, or our” means Willow George Co Pty Limited [ABN 24657301061] and includes any of our directors, officers, employees, agents, partners and contractors.

OVERVIEW
This website is operated by Willow George Co. Throughout the site, the terms “we”, “us” and “our” refer to Willow George Co. Willow George Co offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
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 Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
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.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. 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. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
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 our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
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. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. 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.
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.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household 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. 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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy: [LINK TO REFUND POLICY]

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
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. 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).
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. 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.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Willow George Co, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Willow George Co and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

When you accept our Quote, you're saying, 'Yes, I've read and understood this agreement, and I'm okay with all the terms and conditions.' 

 

Quotes

This agreement is between us, Willow George Co Pty Limited, and you (the details are in our quotation). We'll give you a Quote for your Event, but please note we only take only limited orders per week to maintain our quality. You must confirm with us as soon as possible to secure your Booking.  If you want to change the date of your Event, just make sure it's within 3 months of the original date so the prices stay the same. We will accept this change subject to our availability. We strongly recommend that you're really happy with the cake and all information in the Quote before you pay your Booking Fee. 

 

Bookings

Now, about booking us for your Event. You need to pay a Booking Fee to lock in your Event Date. We don't confirm any dates until we get that fee. Just so you know, this fee is non-refundable. When you decide to book with us, you're choosing us as the only cake provider for your event. We'll need you to give us some information for your booking. And you're promising us that all that information you provide is up-to-date and correct. If anything changes (like the event date, timing, venue, or number of guests), you'll let us know right away. We're really relying on this information to make your cake and event fabulous. One important detail: if you give us the wrong name, that's what will end up on your cake, and if you give us the wrong numbers, there might be some hungry people! If we need to provide additional services on the Event Date, there will be extra fees. One last thing—if we get in touch with you for more information and don't hear back within 5 buisness days, we may have to forfeit your Booking.

 

Designs

We'd love to create a design for your Event that will be sure to impress. We will work with you to ensure we can create the best cake we can, however, please know that if you let us have creative reign, we will have total discretion over the design, and cake design can be very subjective. As cake is a perishable item, we may sometimes need to make substitutions to colours, flavours and selections you have made, however we will always try to match any theme, style and colour scheme discussed with you. In any event, we retain all Intellectual Property Rights in all the designs. Further, our designs may also contain some inedible items in the structure , so please be aware to remove them before consumption. These may include foam pieces, decorations, fresh flowers, dried flowers, preserved flowers, wires or toothpicks. 

 

Delivery and Cake Stands

We also charge a Delivery Fee and, if you cannot provide an authorised representative or have us leave the cake unattended, a Call Back fee will be charged. Once the cake is delivered, the risk passes to you and you will be solely responsible for correctly moving or transporting it, so please be careful! Finally, if you decide to hire a cake stand or other décor from us, a $100 bond will be required, and all décor must be returned within 4 days of the Event Date. Any unreturned décor will result in losing the bond. Thanks for your cooperation!

 

 

 

PAYMENT TERMS

We accept payments by cash or direct debit. If you choose to pay by card, please note that a portion of any bank or payment processing fees will be passed on to you. If you'd like to check your balance at any time, simply send us a request at hello@willowgeorge.co Our fees are due and payable 14 days prior to the Event Date (the “Final Payment Date”). If we don't receive our fees by this date, we may not be able to provide the Services you've requested. We will also charge interest at the rate of 11% per annum calculated daily for any unpaid invoices. Finally, you authorise us to deduct our fees directly from your credit card. Please note that any interest charges or legal collection fees will be billed to you. 

 

CANCELLATIONS

If you would like to cancel your Booking, we kindly ask that you let us know as soon as possible by emailing us at hello@willowgeorge.co. If you give us more than 90 days' notice, we will be able to refund 50% of the Total Fees. If you give us less than 90 days' notice, we may not be able to offer a refund, as we may have already turned down other bookings. Unfortunately, if you cancel after the Final Payment Date, we won't be able to offer you a refund as we will have already begun to order supplies and materials and work has been done to prepare for your cake.

Where we need to cancel your Booking including after the Final Payment Date, a refund will be given, and we will use our reasonable endeavours to give you as much notice as possible and to find a new cake supplier. The Booking Fee remains non-refundable.

To the extent permitted by law, all Fees are non-refundable. This includes, but is not limited to, cancellations by you due to relationship breakdowns, personal, family, or financial situations, unforeseen circumstances, and all Force Majeure Events. We also do not provide refunds for your change of mind, or where you failed to provide us with adequate information. On occasion, we may, at our sole discretion refund extra payments that you have made between your Booking Fee and the Final Payment Date. All Booking Fees are non-refundable as a Booking precludes us from booking another event.

 

CHANGES/ VARIATIONS TO YOUR DESIGN

Where you wish to make a change to your cake design you must notify us via email at hello@willowgeorge.co before the Final Payment Date. Unfortunately, no changes or variations may be made to your Booking after that date because we will have already committed to the design. Where a variation involves an increase in costs, you must pay the additional costs immediately. 

 

TRANSFERS, POSTPONING  

Any transfers to other Event Dates and Venues are subject to our availability.  You will need to contact us at hello@willowgeorge.co to request a transfer. A Transfer Fee will apply. This includes where you need to transfer or postpone due to COVID-19.  You acknowledge and agree that delivery costs will vary according to location if there is a change in Venue. 

 

AUSTRALIAN CONSUMER LAW

Our Products and Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to: cancel this agreement with us; and a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with Products. If a failure with the Products or Services does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the Products and to cancel this agreement for the Services and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the Products or Services. 

You acknowledge and agree that the nature of the Services means that we cannot rectify them after the Event. You acknowledge and agree to immediately notify us where you are at all dissatisfied with the Services.  

 

MARKETING

You permit us to photograph and/or video the events and use the photographs for marketing and information purposes, or publications exhibitions and professional awards. This includes, but is not limited to social media, brochures, websites, Pinterest, advertising, magazine submissions and other publications related to promotion and marketing. Please request our consent before photographing us at the Event or using any of our photos or videos. You must seek our prior written consent before any publication of information about us in the media or otherwise. 

 

TERMINATION

We may refuse to provide Services to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement, we may immediately refuse to deliver the Services. We can also stop offering our Services at any time, for any reason. We are not responsible to you for any changes, or if we suspend or stop our Services. We will however, endeavour to notify you if we suspend or stop our Services so you can organise alternative suppliers. 

 

LIABILITY AND INDEMNITY  

To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of the Services, including, but not limited to, any errors or omissions in any website content, price changes or discontinued services, any changes, and any melting cakes, or design faults. To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to: -

•       the supply of equivalent products and/or services; or

•       the payment of the cost of the products and/or services.

In any case, our liability to you will not exceed the amount actually paid by you to us.

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including where you provide incorrect information.

 

FORCE MAJEURE

Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.

 

IF THERE IS A DISPUTE 

If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

 

OTHER

This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between these Terms for Events and other terms and conditions on our website, these Terms for Events prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.

 

DEFINITIONS

“Additional Fees” means any additional fees for additional services provided at the Event e.g., design alterations. 

“Booking” means the booking of the Products and Services for the event. 

“Call Back Fee” means the fee we charge you for any re-delivery that is required where authorisation has not been provided.  

“Claim” means any claim, under statute, tort, contract or negligence, any demand, award or costs.

“Booking Fee” means the fee of $200 or 50% of the total Quote. 

“Delivery Fee” means the fee we charge you for the delivery of the cake to the Venue.  

“Event” means your wedding or other event. 

“Event Date” means the date you notify us for your Booking. 

“Fee” means the fee or fees we provide in our Quotation.

“Force Majeure Events” include any pandemic, including COVID-19, changes to regulations, government restrictions, weather events, travel limitations, venue closures or any other events beyond our control. 

“Intellectual Property Rights” means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.

“Loss or Damage” means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs. 

“Products and Services” means the actual cake we provide and the cake making services we provide to you.  

“Quotation” means the quotation we provide to you. 

“Services” means the cake making services we agree to provide to you. 

“Total Fee” means the total fee for the cake making services, and the cake. 

“Transfer Fee” means a fee equal to a 5% increase in the Fee where the new Event Date is less than 6 months away; a 10% increase where the new Event Date is more than 6 months away; and a 20% increase where the new Event Date is more than 12 months away.

“Venue” means the venue you notify us and is where the cake is to be delivered. 

“We, us, or our” means Willow George Co Pty Limited [ ABN 24657301061] and includes any of our, employees, agents, partners, contractors and where relevant any parent companies or subsidiaries. “Website and services” means www.willowgeorge.co and everything available on this website including, but not limited to, all products and services. 

 

 
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@willowgeorge.co.
Our contact information is posted below:
Willow George Co Pty Ltd
hello@willowgeorge.co
1/136 Auburn st, Coniston NSW
ABN: