Terms & Conditions

PRONTO FINE FOODS AND LIQUOR PTY LTD
 
OWNERSHIP
1. The Website and all its Content is operated and owned by Pronto Fine Foods Pty Ltd and Pronto Liquor Pty Ltd ABN 51 094 891 586 ('ProntOo').
 
TERMS AND CONDITIONS
2. These terms and conditions govern the use of Pronto Fine Foods and Pronto Fine Liquor Pty Ltd website (the 'website') and any related website either associated with or owned and operated by Pronto.
3. By using this website, you agree to these terms and conditions in full.
4. If you do not agree with these terms and conditions or any part of these terms and conditions, you must not use this website.
5. You must be eighteen[18] years of age to use, order or utilise the services offered by Pronto  within this website at the time of placing and/or receiving an order by Pronto. 
 
USE OF WEBSITE
6. Unless otherwise stated, Pronto and/or its licensors own the intellectual property rights in the website and material on the website.
7. Subject to this agreement, all these intellectual property rights are reserved.
8. You may view, print pages or download any application or content that is approved by Pronto from this website subject to the restrictions set out below and elsewhere in these terms and conditions.
9. You must not:
a. by any means copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the website or any content contained on the website;
b. do anything that imposes an unreasonable or disproportionately large load on the Website, or interferes or disrupts the website or any network or website connected to the website;
c. breach the security of the website, test or scan the vulnerability of the website, or make any unauthorised modifications to the Website;
d. interfere with any other persons use or enjoyment of the website;
e. post, or transmit to the website any abusive, obscene, defamatory, or otherwise inappropriate material;
f. use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any Content or any part of the Content on the website, or to reproduce or separately store or use such Content;
g. use the website or any Content in any way that is unlawful, illegal or breaches the rights of Pronto Fine Foods and Liquor or any third party;
h. impersonate another person; and
i. use the website in any way that otherwise breaches these Terms.
10. Where content is specifically made available for redistribution, it may only be redistributed within the terms and conditions as set out by Pronto.
 
ACCEPTABLE USE
11. You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
12. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
13. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without the express written permission of Pronto.
14. You must not use this website to transmit or send any unsolicited commercial communications without the express written permission of Pronto.
15. Pronto reserves the right to allow any or this entire website to be reproduced or copied by any other party for any purposes related to marketing without their express written permission.
 
RESTRICTED ACCESS
16. Access to certain areas of this website are restricted  and Pronto Fine reserves all  right to restrict access to any or all of the area's, links or pages of this website is at their discretion.
17. Where Pronto provides a registered user with an ID and password that enables the user to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
18. Where Pronto provides a registered user with an ID and password that enable's access to restricted area's the user ID and password is to be kept confidential.
19. Pronto reserves the right to disable any ID and password at their discretion without notice to any user.
 
INTELLECTUAL PROPERTY
20. All copyright, data, text, software, images, graphics, trademarks, logos, interfaces, photographs, and other intellectual property (Content) on the Website is owned, controlled by, or licensed to Pronto. Except for viewing the Content for your own personal non-commercial use, Pronto does not grant you Pronto reserves the right to limit the use of the Website or Content for any other purpose unless it expressly consents in writing.
 
USER CONTENT
21. In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
22. You grant to Pronto a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.
23. Pronto reserves the right to sub-license these rights, and the right to bring an action for infringement of these rights.
24. Any user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Pronto or a third party (in each case under any applicable law).
25. You must not submit any user content to this website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
26. Pronto reserves the right to edit or remove any material submitted to this website.
27. Pronto is not liable under these terms and conditions in relation to this website by any user content that has been uploaded and if any content is deemed to be misleading, unacceptable, sexually explicit or discriminatory in nature and against the policy's as set within these terms and conditions  Pronto will remove that content where it has been deemed unacceptable.
28. Pronto does not undertake to monitor the submission of such content or any third party publication of such content on this website.
 
LIMITATIONS OF LIABILITY
29. Pronto does not warrant or guarantee:
a. any representations or warranties, express or implied with the exception of any statutory warranties or limitations that apply;
b. the information and materials provided on this website;
c. this website will be constantly available, or available at all;
d. the information on this website is complete, true, accurate or non-misleading;
e. that the Website will be free from viruses or other contamination; or
f. that any defects will be corrected immediately.
30. Except where prohibited by law, Pronto will not be liable to you for any loss, damage, liabilities or claims and expenses that you may suffer due to use of the Website, including use of any information on it. You use the internet and the Website at your own risk
31. Pronto will not be liable (under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website.
32. Any information, instructions or advice obtained from this website are at the users discretion:
a. for any direct or indirect, special or consequential loss;
b. for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data;
c. for any personal or  health issues; and
d. for any other reason.
33. Nothing on this website constitutes, or is meant to constitute, advice of any kind. 
34. Where advice is required in relation to any legal, financial or medical matter you should consult an appropriate professional.
35. These limitations of liability apply even if Pronto has been expressly advised of the potential loss.
36. By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
37. If you do not think they are reasonable, you must not use this website.
38. Any failure by Pronto to act or enforce these Terms immediately will not be considered a waiver of Pronto's right to take any such action.
 
EXCEPTIONS
39. Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Pronto of any:
a. death or personal injury caused by Pronto Fine Foods & Pronto Liquor negligence;
b. fraud or fraudulent misrepresentation on the part of Pronto Fine Foods & Pronto Liquor; or
c. matter which it would be illegal or unlawful for Pronto Fine Foods & Pronto Liquor to exclude or limit, or to attempt or purport to exclude or limit, its liability. 
 
VARIATION TO TERMS
40. Pronto reserves the right to vary, change, update and or modify any or all of the terms and conditions at any time and it is the responsibility of the user to regularly check these terms and conditions for any variations.
41. By continuing to use the Website you consent to any variations. 
 
LIMITATION TO OTHER PARTIES
42. The user accepts that, as a limited liability entity, Pronto has an interest in limiting the personal liability to any of its directors, officers and employees and that the user will agree not to bring any claim personally against any directors, officers or employees in respect of any losses you suffer in connection with the website.
43. Liability will be limited to any other third party who has an interest to this website.
44. The user agrees that the limitations of warranties and liability as set out in this website disclaimer will protect the directors, officers, employees of Pronto, its agents, subsidiaries, successors, assigns and sub-contractors.
 
GOVERNING LAWS
45. If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
46. These Terms are governed by the laws of Western Australia and any dispute in relation to these Terms or your access or use of the Website will be the exclusive jurisdiction of the Courts of Western Australia.
47. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
48. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
 
INDEMNITY
49. You hereby indemnify Pronto and undertake to keep Pronto indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Pronto to a third party in settlement of a claim or dispute on the advice of incurred or suffered by Pronto arising out of any breach by you of any provision of these terms and conditions. 
 
BREACHES OF THESE TERMS AND CONDITIONS
50. The user may stop using the Website at any time for any reason.
51. Pronto reserves the right in its absolute discretion to suspend or terminate at any time the access to the Website of any user without notice for any reason, including but not limited to a breach of these Terms and conditions.
52. Any suspension or termination shall not affect either party's rights or liabilities.
53. Pronto may disclose any information we may have about a user in relation to an investigation or allegation that your use of the Website is in breach of these Terms and conditions, or is in breach of law or other regulation. Pronto reserves its right and responsibilities to identify or bring legal action against any person who is breaching these Terms, including obtaining injunctive relief.
54. Without prejudice to Pronto,  if you breach these terms and conditions in any way, Pronto may take such action as Pronto Fine Foods & Pronto Liquor Pty Ltd that it deems appropriate to deal with any breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
 
ASSIGNMENT
55. Pronto  may transfer, sub-contract or otherwise deal with Pronto Fine Foods & Pronto Liquor Pty Ltd rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
56. The user may not transfer, sub-contract or otherwise deal with any rights and/or obligations under these terms and conditions.
 
ENTIRE AGREEMENT
57. The terms and conditions as displayed within this website constitute an agreement between the user and Pronto Fine Foods & Pronto Liquor Pty Ltd in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
 
INSPIRED CREATIONS
58. This initiative is only offered to Pronto Fine Foods customers who participate in the Master Caterers Ultimate Savings Plan Program. Ingredients used in the menu creations must be of Pronto Fine Foods products.

PROMOTIONS
59. All promotional 'discounts' are calculated based on Total Inc. GST
 
PAY-UPFRONT DEFINITION
60. Pay/paying upfront definition includes
a. Paying in full with a credit card on the same day of ordering online, OR
b. Paying in full with a credit card on the same day upon receiving your fully processed invoice via email or fax, OR
c. Paying in full through direct deposit on the same day upon receiving your fully processed invoice from us via email or fax and then emailing accounts@prontofinefoods.com.au or faxing Pronto Fine Foods on 9209 3755 a REMITTANCE ADVICE STATEMENT to prove that payments were fully processed on that same day. For new customers, goods will not be released until funds has been cleared to our account, OR
d. Paying in full with cash to a Pronto Fine Foods driver as a Cash On Hand payment method prior to receiving goods.
 
Failing to pay upfront under these conditions will lead to customers forfeiting Pronto Fine Foods' conditional promotion of 'Claim Pay Upfront Discounts' for orders valued at greater than $500 + GST.

PRICES
61. Prices may change without notice and new prices will be effective immediately.
 
PRICING
62. Sold per kg definition
a. Products labelled with this description are sold per kg and are priced per kg.
63. Sold per unit meaning
a. Products labelled with this description are sold per unit and are priced per unit. Per unit means the singular unit/quantity that makes up a singular package, i.e. a carton or a box. This could be in a form of a packet; bag; trays; piece; kg; pins; sides; tin; tub; bucket; bottle; block; portion; jar; pouches; rolls; bases; drum; or sleeve. For example, on a napkin product that is priced per unit:
> Individual pieces per unit = 50 sheets
> Amount of per units there are in one carton = 3 Packets
> Amount of singular package = One carton
Resulting in: 
= 50 sheets per packet, 3 packets per carton
= The price will be based on per unit which is one packet, not per sheet or per carton.
64. Sold only per carton definition
Products labelled with this description are only sold per carton and can be priced by:
a. Per carton
b. Per unit
c. Per kg
 
PRODUCTS AVAILABILITY
65. Products availability is not always guaranteed. Products that are out of stock or on backorder which can't be sourced and supplied at the time of the requested delivery date, will be communicated to customers;
a. Prior to issuing their fully processed confirmation order and invoice, OR
b. After receiving their fully processed order and payment via our website's online system. 
We will then
a. Recommend a substitute to compensate for the unavailable stock, OR
b. Give you store credit or your money back for the unavailable stock you ordered 
 
RETURNS
66. We offer a money or credit back guarantee on products when they are:
a. Spoiled
b. Faulty in packaging
c. Damaged during transit
We are not liable if:
a. Products have been stored incorrectly
b. Products have been mistreated by the customer after receiving goods from Pronto Fine Foods
c. The customer has placed an order incorrectly
67. Claims
a. All claims to be made within 48 hours from receipt of goods.
 
DELIVERY 
68. We offer free delivery based on:
a. Minimum orders of $200 inc. GST;
b. Agreed assigned delivery days;
c. Delivery locations in the Metropolitan areas of Perth, Western Australia, OR
d. To all Perth's Metropolitan Courier Depots

69. Regional customers to pay Ex-works from designated Perth Metropolitan Courier Depots

CREDIT CARD FEES
70. A credit card transaction fee of 1.5% will be applied to each payment made online or by phone or by person.