This Website africanbites.com.au (“the Website”) is owned and operated by AFRICAN BITES, a subsidiary brand of EKUA GROUP PTY LTD who is its Parent Company (herein referred to as “African Bites”, “AB”, “us”, “we” and “our”). African Bites operates under the same ABN as the parent company, as such, these Terms & Conditions are applicable for Ekua Group Pty Ltd and all legally affiliated entities. For this Agreement, and directly related to this subsidiary brand, African Bites will be used throughout the document.

African Bites is a private company incorporated in New South Wales, operating under the laws of the Commonwealth of Australia whose registered head office is at Bowden Street, North Parramatta, NSW, Australia, 2151 and store is located at Toscana Street, Prestons, NSW, Australia, 2170. African Bites is a family owned and operated home-based bakery, online shop and catering company, operating a commercial kitchen and delivery services throughout New South Wales.

Our ABN is ABN 36 639 595 038

Use of African Bites Website, its online shop, catering and delivery services and any other activities related to dealings with this company is subject to the following terms and conditions. By dealing with African Bites, visiting or using our Website and online shop, every user (“You”, “Your Business” or “Your Company” and all affiliated people and entities to you agree to these Terms and Conditions, which include our Privacy Policy terms (available at www.africanbites.com.au/privacypolicy) (Terms).

1. General Terms of Use

• The following constitutes a legal agreement between you and us with respect to our Website service, the terms of which are set out below. You must be at least 18 years of age to agree to and enter into this Agreement on your own behalf for use of this Website. If you are under 18 but at least 15 years of age, you must present this Agreement to your parent or legal guardian. Children under the age of 15 may not use this Website, and a parents or legal guardian must be use this Website on their behalf.
• When using our Website or purchasing a Food, Catering or Delivery Services (“Product”), directly from us online or through other mediums of communication, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years old, either entering into this Agreement for yourself or entering into it on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of this Website, including all legal liability that he or she may incur.
• If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the acceptance box when making a product purchase on our Website or any other mediums and do not attempt to access the Website.
• Our Website is established to enable you to choose and purchase products that we offer for sale online. All content in this Website, viewed or purchased is the property of African Bites and is copyrighted and protected by the Australia law as contained in the Copyright Act 1968 (Cth). You hereby agree to comply with all copyright as set out in Australian law in Your use of this Website and to prevent any unauthorized copying of the content.

2. Accessing Our Website

• Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period.
• From time to time, we may restrict access to some parts of our Website, or to our entire Website, to users who have registered with us.

3. Terms & Conditions for Purchase of Products

• Our Website service permits you to purchase our Products from this Website. These purchases can be made and are permitted strictly pursuant to the terms and conditions set out in this agreement.
• The order process involves the selection of items from our online shop, adding to cart and processing payment at checkout online. It also includes orders by contacting us via orders@africanbites.com.au or telephone or text message via 0424 456 291 afterwards of which an invoice will follow making the order tentative until payment is made.
• Your order constitutes an offer to us to buy a Product. After placing an order online, through email or via telephone or text, you will receive an email from us. This email is an Order Confirmation to notify you of the fact we have received and accepted your order. The Order Confirmation email will be accompanied by an invoice.
• Your purchase order cannot be accepted until payment in full for the Products ordered has been received by us at which time a legally binding agreement on the terms set out herein will become effective.
• Users must accept terms and conditions and tick the box provided at point of check out which represents that you have read, understood and agree to be bound by this Agreement and as guided by clause 1 of this agreement.

Concerning the Website

• It is the user’s responsibility to provide accurate personal information (“Personal Data”) and to update your Personal Data as necessary to keep it accurate. You undertake that all the details you provide to us for the purpose of selling and delivering Products to you are correct and that the payment method that you propose to use is your own or that of a third party who has given you full permission and authority to use it and that you or such third party have sufficient funds to meet the costs of Products ordered. We will not store your credit card or debit card details anywhere on the Website.
• It is your responsibility to ensure that your email address is current otherwise certain functions of the Website will not be available to you. We will only use your Personal Data in accordance with the Data Protection Act 1998, The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 and our Privacy Policy.
• It is your responsibility to maintain the confidentiality and security of your Personal Data. You will not allow others to use your details. We shall not be responsible for any losses arising out of the unauthorised use of your details and you agree to indemnify and hold us harmless, for any improper, unauthorised or illegal uses of the same.
• Whilst we will utilise anti-virus protections, it is your obligation to ensure that any use you make of our Website is free of any virus, Trojan horse, worm or any other items of a destructive nature. You will not hold us responsible for any damages that result from you accessing the Website (including any software or systems you use to access the Website).
• Variation in computer, browser and operation will create differences in visual layout and usability of the Website. We have given due care and attention to minimising these differences but cannot be held responsible for specific operational differences.
• All notices given by you to us must be given to African Bites via written communication through text or email at orders@africanbites.com.au. If communication is made by telephone call, African Bites will endeavour to follow this up with written confirmation and clarification in an email or text to you. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. All written communications are contractual in nature. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Concerning the Products

• The Products ordered are fresh on the day of delivery to or collection by you and will remain fresh for a further 24 hours from the time of delivery or collection if kept by you at an ambient temperature in the box provided. Products placed in a fridge or a freezer or kept for a time longer than 24 hours are so kept at your own risk and we are not liable for any deterioration of the Products in these circumstances.
• Products which were due to be collected by you from one of our shops and which you failed to collect on the appointed day, or Products which we have taken back to our shop because you were not available to receive the same during the delivery slot agreed for you, must be placed by us in our fridges overnight to comply with Food Safety legislation. Accordingly, these Products cannot be kept by us at an ambient temperature and are therefore likely to deteriorate.
• We cannot accept any responsibility for deterioration of the Products in these circumstances. We cannot accept responsibility for damage caused by you or by a courier/agent engaged by you to collect Products from one or our shops if they are damaged during transit to your home provided that you or your courier/agent has signed our “delivery receipt” confirming that the goods were in good condition and undamaged at the point of collection.
• Under no circumstances shall we be liable to you in respect of any complaint concerning any aspect of any Product which is not raised by you within 24 hours of delivery by us or collection by you or your courier/agent.

4. Price & Payment

• The price to be paid by you for any Products will be as quoted on our Website except in cases of obvious error or for catering and special pricing discussed through any communication medium with us. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an invoice, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an incorrect pricing.
• Our prices exclusive of GST and delivery costs, which will itemised and displayed separately at point of checkout and added to the total amount due before completion of your order. Details of this can be checked on our “Delivery Schedules” page.
• Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an invoice.
• Our Website contains a number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We will normally verify prices as part of our order confirmation procedures, so that where a Product’s correct price is less than our stated price, we will charge the lower amount when invoicing you. If a Product’s correct price is higher than the price stated on our Website, or we are no longer able to supply a particular Product for some reason, we will contact you by email to advise you and/or to obtain your confirmation that the amended price is acceptable.
• Payment for all Products can be by PayPal, PAYID, Bank transfer or credit or debit card. Those methods accepted by us online are those listed on our Website on the date when your order is placed. We will send you an invoice upon receipt of your order.
• All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or for any reason does not, authorise payment to us, whether in advance of or subsequent to a payment, we will not be liable for any delay or non-delivery of the Products ordered.

5. Availability, Delivery & Collection

• Locations of Delivery, Delivery Schedule and Delivery Timeslots for Corporate and General Public is listed in the “Delivery Schedule” page on our website. This is detailed below:
  Corporate Delivery:
  Monday to Friday
  8:00 am – 10:00 am
  12:00 pm – 2:00 pm
  AEST
  General Delivery
  Saturday and Sunday
  12:00 pm – 8:00 pm
  AEST
• Orders required 3 days in advance before day required, event or meeting. Note, cancelations are subject Clause 7.a 3 days’ notice is required to be eligible for any refunds.
• Delivery timeslot will be allocated and confirmed once order is processed. We will do our best to meet your requirements.
• Your order will be fulfilled by the Delivery Timeslot set out in the Order Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Order Confirmation, unless there are exceptional circumstances.
• Catering and special events greater than 100 are not subject to this Delivery clause. Refer to Clause 9 for Catering terms.
• From time to time items may not be available due to seasonal nature of some staple ingredients or general capacity. We will endeavour to make this known on the website. However, all orders that are unavailable or we are unable to fulfil will be refunded accordingly within 5 workdays of your notification. To avoid disappointment with capacity, order as per delivery schedule guided by clause 5.a or as far in advance as possible as our handmade products require time to prepare.
• The Products ordered by you can only be delivered to the delivery address provided by you to us, or collected by you from one of our shops designated by you, within a given time slot which we will notify to you in the Order Confirmation.
• If for any reason you find yourself unable to collect your order from the designated shop within the given time slot, we will retain your ordered Products for collection by you for 24 hours, or upon payment of the delivery charge by methods listed in clause 4, we may be able to arrange to deliver to you within our delivery time slot and delivery zone during the next 24 hours (subject to delivery availability).
• If for any reason no one is present to receive delivery of the Products at the delivery address you have provided to us we will take the Products back and retain the same for 24 hours during which time you may telephone our Customer Care team on 0424 456 291 to either arrange for personal collection or for delivery by us within 24 hours (subject to delivery availability) upon payment of a further delivery charge methods listed in clause 4.
• In order for us to hand over the ordered Products upon collection or delivery, the recipient must provide to us the valid Order Confirmation number and must also sign that the Products are in good condition and that the complete order has been delivered. Thereafter, we will no longer be responsible for actual delivery of the Products to you.

6. Risk & Title

• The Products will be at your risk from the time you collect the Products from our shop or we deliver them to you.
• Ownership of the Products will only pass to you when we receive full payment of all sums due for them, including delivery charges.

7. Cancellations

• If you notice an error in the Order Confirmation you must notify us by telephone (0424 456 291) by our close of business (5:30 pm), 3 working days before the order is due to be collected or delivered (refer to clause 4 for Delivery Terms).
• If you wish to cancel your order for any reason, you must notify us by our close of business (5:30 pm), 3 working days before the order is due to be collected or delivered (refer to clause 4 for Delivery Terms).
• For cancellation policy related to catering & events orders, refer to Clause 8.
• If you wish to add to or change your order, or change the date or time of delivery or collection of your order, then we will accommodate you, subject to kitchen space being available to permit us to make your products, provided that by our close of business (5:30 pm), 3 working days before the order is due to be collected or delivered (refer to clause 4 for Availability, Delivery and Collection Terms).

8. Returns Policy

• We hope that you will be pleased with your purchase. However, if upon collection or delivery of the Products you find that they are not those ordered by you (for example, the filling or type is incorrect), or the order is incomplete, or a Product is in a damaged condition when you receive it, please notify us immediately by telephone on 0424 456 291. If a Product is not as on the Order Confirmation or damaged we will credit or refund your purchase. In the case of damaged goods you must retain the damaged Products and all packaging for inspection by us. Subject to our report on the claimed damage and to these Terms and Conditions we will refund the price you paid for the returned Products together with the delivery charge, or at our option we will provide you with a credit for further products. We will have no liability to you for any indirect loss. Please state clearly your dispatch details in all communications to us.
• We will only make a refund to the original method of payment used by you to make the online purchase. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
• Since taste is a very personal matter and subjective, we cannot accept the return of any Products merely because you do not like the taste.
• We have made every effort to display as accurately as possible the colours of our products that appear on our Website and also to ensure that the colours on screen are as close as possible to the colours of the actual product. However, the colour of the actual product you see on your screen will depend on your monitor, your screen settings and resolution. Accordingly, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery and we cannot accept the return of any product because it does not match the colour you were expecting from viewing your screen display.
• We will not accept the return of any Products which have been purchased from any outlet other than this online Website.
• The provisions of this clause do not affect your statutory rights.

9. Catering Services

• Catering Services is subject to a unique set of Terms & Conditions and requires a Service Contract to be established with client and African Bites which will be discussed and developed on an event by event basis and provided outside the website.
• The Service Contract will detail all aspects of the catering service including;
  1. Term or period of the service
  2. Event date
  3. Services details
  4. Products details
  5. Cancellation terms
  6. Delivery terms
• If you are ordering for an event, African Bites recommends you contact us directly at 0424 456 291 or orders@africanbites.com.au to discuss Catering Services and tailor specific terms & conditions to suit this arrangement.
• All orders processed through the website are thus not considered catering and are governed under the Terms & Conditions of this agreement.

10. Rights, Waivers and liabilities (Including Allergies)

• We warrant to you that any Product purchased from us through our Website will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
• Subject to clause 7, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
  1. loss of income or revenue;
  2. loss of business;
  3. loss of profits;
  4. loss of anticipated savings;
  5. loss of data; or
• Our company works with bakers that have the following insurances and liabilities and liabilities of the company are limited to this and the inclusions provided by the insurer.
  1. $10M Public & Product Liability
• You agree to indemnify African Bites for any loss, damage, cost or expense you may suffer or incur as a result of or in connection with the activities, purchases and rendered services through African Bites.
• Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, African Bites and all Ekua Group related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, African Bite’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at African Bite’s option to:
• The re-supply of Services or payment of the cost of re-supply of Services; or
• The replacement or repair of goods or payment of the cost of replacement or repair
• All African Bites products may contain or come in contact with milk, nuts, gluten, wheat, nuts. Soy and other allergens. You and any affiliated persons or company that use our products and services is responsible for notifying the guests. It is the responsibility of the customer to ensure that they do not consume products at African bites if they have any allergies.
  1. Customers can contact us directly (0424 456 291) for a health specific order of which assurance can be clearly made and the batch can carefully consider all health requirements of the individual or group patron.
  2. African Bites is not responsible for any adverse effects of allergic reactions.
• Upon the event of a natural disaster, accident or other situation outside of African Bites’s control, this contract may be voided.
• We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
  i) A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
  1. strikes, lock-outs or other industrial action;
  2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  5. impossibility of the use of public or private telecommunications networks;
  6. the acts, decrees, legislation, regulations or restrictions of any government; and
  7. pandemic or epidemic.
• We will endeavour to perform its services in a professional manner and provide the best customer experience possible. In the event that our products or services do not meet our high standards, or the client is dissatisfied, we may–at our discretion–provide the amount paid for those products and services in the form of store credit. African Bites total liability is hereby limited to amounts paid to us for its goods and services.
• African Bite’s will not be liable for any special, incidental, punitive, or consequential damages, whether foreseen or unforeseen, regardless of whether liability is based on breach of contract, breach of express or implied warranty, negligence, strict liability, tort, or otherwise.

11. Our Right to vary these Terms & Conditions

• We have the right to revise and amend these Terms and Conditions from time to time, for example, to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
• You will be subject to the policies and Terms and Conditions in force at the time that you order Products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the invoice (in which case we have the right to assume that you have accepted the change to the Terms and Conditions).

12. System Requirements

The computer, internet access and system operated by you and your ability to use the same may affect your ability to purchase any Products from our Website. You acknowledge and agree that any system requirements necessary to preview, and /or view and/or purchase any Products from our Website are your responsibility.

13. Misuse of the Website

• We reserve the right to suspend or terminate your access to the Website or parts of it if at our sole discretion we believe you are in breach of any provision of this Agreement. If your access has been suspended or terminated you will not be permitted to re-register or to re-access the Website without our prior consent.
• You will only use the Website for the purposes referred to in this Agreement and not access the Website or use information gathered from it to send unsolicited emails.

14. Indemnity

You agree to indemnify and hold harmless us, our directors, employees and consultants from and against any and all claims, losses, demands, causes of action and judgments (including solicitors’ or attorneys’ fees and court costs) arising from or concerning any breach by you of this Agreement and/or these Terms and Conditions for your use of the Website and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result thereof.

15. General

• We have the right to withdraw any Product from the Website for any reason without notice to you and you agree that we will not be responsible for any loss, damage or cost as a result of such unavailability.
• Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
• We will not be liable for errors or omissions on the Website nor for loss or damage suffered by you as a result of any unavailability of the Website or by any use by you or reliance placed on the Website or its contents including any damage caused to your computer or otherwise howsoever, or any direct, indirect or consequential loss or loss of data.
• We shall not be liable to you for the failure of any equipment, data processing system or transmission link and will not be liable to you as a result of any down-time which may occur upon the Website.
• The Website is provided “as is” and you acknowledge that despite our reasonable endeavours the Website may contain bugs, errors and other problems (including, but not by way of limitation) infection by viruses (despite anti-virus protections which may be incorporated) or anything else which may cause contamination or destruction of any sort that may cause system failures. Notwithstanding, we will use all reasonable endeavours to correct any errors and omissions as quickly as practicable after being notified by email to orders@africanbites.com.au
• We shall not be responsible to you for damages or otherwise in respect of any error made to any listing of or reference to Products.
• We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently the Website (or any part thereof) without notice to you and without any liability to you or to any third party.
• Links to third party Websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party Websites and do not control and are not responsible for these Websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party Websites linked to the Website, you do so entirely at your own risk.
• It is the responsibility of advertisers and sponsors on this Website to ensure that any content submitted by them for inclusion on the Website complies with applicable laws and regulations and we shall not be responsible for or liable to any extent for any error or inaccuracy which may appear in such content.

16. Intellectual Property Rights

• All intellectual property content on the Website including, without limitation trademarks, button icons, logos, graphics and images is owned by us and is protected by International Copyright laws. Your use of them is governed by this Agreement, certain end-user licence agreements, and applicable law.
• You will infringe our rights if you copy or reproduce any part of the Website except for:
  1. A temporary copy of any part of the Website which is automatically made or retained by your browser as you browse the Website; or
  2. you printing out any pages from the Website as a record of any Products you have purchased from it; or
  3. you printing out a copy of the Terms and Conditions which we would request you to do; or
  4. your own personal use provided that:
     • No documents or related graphics on the Website are modified in any way;
     • No graphics on the Website are used separately from the corresponding text; and
     • The Company’s copyright and trademark notices and this permission notice appear in all copies.
     • Other than for the above four exceptions you must not copy the intellectual property in question for any purpose.
• For the purposes of this Clause 15 “copy” and “copying” shall include non-literal copying as well as the copying of the structure and form of the Website and any elements within it.
• You will not attempt or permit or encourage others to attempt to copy or make use of any intellectual property appearing on our Website for any commercial use or in any manner which would constitute an infringement of our copyright.

17. Disclaimers

To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set out in this Agreement is prohibited by any law which is applicable, then, instead of the provisions hereof in such particular circumstance, we shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law and in no event shall such damages or liability exceed $20 AUD.

18. Transfer of Liability

• The contract between you and us is binding on you and us and on our respective successors and assignees.
• You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
• We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

19. Third Party Rights

This Agreement is only for the benefit of you and us and no other person can claim a benefit from this Agreement.

20. Law & Legal Notices

This Agreement and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of this Website. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Australian Law governs this Agreement and your use of the Website, and you expressly agree that the Australian courts shall have exclusive jurisdiction over any claim or dispute between us or relating in any way to your account or your use of this Website.

21. Acknowledgements

You acknowledge that we may change the terms of this Agreement by posting a new Agreement on the Website. You acknowledge that it is your responsibility to check the Website regularly to ascertain if changes have been made and your continued use of the Website after such a change will constitute your acceptance of the changes. By reading this Agreement together with our Privacy and Cookies Policy and continuing to use this Website you acknowledge that you have read, understood and agree to be bound by the Terms and Conditions of this Agreement and by our Privacy Policy both of which are available on our Website www.africanbites.com.au.

22. Dispute Resolution

• Any Dispute must be referred to African Bites within 3 business days of the user receiving the Product or Service.
• Resolution of product or service dispute will be governed under clause 7 and 8.
• Other such disputes will be resolved via discussions between African Bites and the User first followed by processes as per Business Law as governed under laws of the Commonwealth of Australia.
• Please note that if you have a dispute with us which cannot be resolved amicably, NSW Fair Trading provides a platform for the out-of-court resolution of disputes concerning contractual obligations arising from consumer purchases. Please visit www.fairtrading.nsw.gov.au to access their resources.