Can Man Coffee — Website Terms of Use

1. Acceptance of these terms.

By accessing, browsing or using this website, you agree to be bound by these terms and any policies or documents incorporated into them.

If you do not agree with these terms, you must not use the website.

These terms apply to use of the website only. They do not, by themselves, create a booking, supply agreement or other service contract between you and us.

2. About the website.

Can Man Coffee operates a mobile, coffee-led beverage trailer based in Cleveland, Queensland.

The trailer provides barista-quality coffee and other beverages at events and regular scheduled site runs across South East Queensland. The trailer is self-powered and towed by a BYD Shark ute. Drinks may be served in standard coffee cups or sealed fresh in PET cans, depending on the menu and service booked.

The website is provided for:

• information about Can Man Coffee and its services;
• event and private-function enquiries;
• scheduled site-run enquiries and bookings;
• information about menus, service formats and the booking process; and
• communication with prospective and existing customers.

The website does not operate as an online shop or online ordering platform. It does not provide a shopping cart, online product sales, shipping or freight services.

3. Information on the website.

We aim to keep the website accurate and current. However, website content is provided for general information and may change without notice.

Information about menus, products, service formats, operating areas, availability, pricing, photographs and equipment may vary depending on the event, site, location, operating conditions, stock availability and requirements agreed with the client.

Photographs and descriptions are illustrative only. They do not guarantee that a particular drink, ingredient, packaging format, colour, equipment item or menu option will be available for a particular booking.

We do not guarantee that the website will always be complete, accurate, current, available or free from errors.

4. Enquiries and booking requests.

You may contact us through the website, by email, by phone or through another contact method shown on the website.

Submitting an enquiry, booking form, message or request does not create a confirmed booking. It is a request for information, availability or a quotation.

A booking is only confirmed when Can Man Coffee confirms it in writing. Confirmation may be provided by email, text message or another written communication from an authorised representative of The Can Man AU Pty Ltd.

Until written confirmation is provided:

• the requested date, time and location are not held for you;
• availability may change;
• no service obligation is created; and
• we may decline, amend or request further information about the request.

We may ask for information such as:

• your name and contact details;
• the event or site name;
• the service location;
• the proposed date and service hours;
• estimated attendance or headcount;
• the type of event or site run;
• menu or service preferences;
• access, parking and setup information; and
• any relevant venue or site requirements.

You are responsible for ensuring that information supplied to us is complete, accurate and not misleading.

5. Quotes, pricing and GST.

All prices shown on the website are in Australian dollars unless stated otherwise.

Website prices, menu information and examples are indicative only. They are not a quotation, offer or promise that a particular service will be available at a particular price.

Actual pricing may depend on factors including:

• the service type;
• the event or site location;
• service duration;
• menu selections;
• estimated attendance;
• staffing or equipment requirements;
• travel or other agreed charges; and
• any minimum spend or other booking condition.

A separate written quotation, proposal or booking confirmation will set out the applicable service scope and pricing.

A written quote is subject to its stated validity period and any conditions included in it. Prices and availability are not final until accepted and confirmed in writing by Can Man Coffee.

Unless stated otherwise, prices are in Australian dollars and include GST where GST is applicable. Any applicable GST treatment, fees or charges will be stated in the relevant written quote or invoice.

6. Service terms and booking documents.

The actual provision of event services and scheduled site runs is governed by the applicable written booking documents.

These may include:

• the Site Run & Event Service Terms;
• an Event Catering Proposal & Quote;
• a written quote or booking confirmation;
• any agreed site-run arrangements; and
• any other written terms accepted by both parties.

The Site Run & Event Service Terms address matters such as service delivery, access, setup, site requirements, cancellations, event arrangements, payment and safety.

The Event Catering Proposal or written quote will govern the specific booking, including the agreed date, location, service period, menu, price and any booking-specific conditions.

If there is an inconsistency between these website terms and a written quote or booking document, the written booking document will govern the relevant service. These website terms continue to govern use of the website.

7. No offer or automatic acceptance.

Content on the website, including menus, prices, service descriptions and booking information, is not an offer capable of acceptance.

No contract for event services or a site run is formed merely because:

• you view the website;
• you submit an enquiry;
• you complete a booking form;
• you receive an automated acknowledgement;
• you receive general information from us; or
• a date appears to be available online.

A binding service agreement is formed only when the relevant booking is confirmed in writing by an authorised representative of The Can Man AU Pty Ltd, subject to any applicable quote or booking terms.

8. User information and authority.

When you submit an enquiry or booking request, you represent that:

• the information you provide is accurate and complete;
• you are authorised to provide the information;
• you are authorised to make the enquiry or request on behalf of any organisation, event or site identified by you; and
• your use of the website and submission of information will not breach any law or third-party rights.

If you provide information on behalf of an organisation, you remain responsible for ensuring that the organisation has authority to collect and provide that information to us.

You must promptly notify us if information relevant to an enquiry or confirmed booking changes.

9. Acceptable use.

You must use the website lawfully and in a way that does not interfere with its operation or other users' access to it.

You must not:

• use the website for an unlawful, fraudulent or misleading purpose;
• impersonate another person or organisation;
• submit false, abusive, defamatory or malicious information;
• introduce viruses, malicious code or other harmful material;
• attempt to gain unauthorised access to the website or its systems;
• interfere with, disrupt or overload the website;
• use automated tools to access the website in a way that is unreasonable or unauthorised;
• scrape, crawl, harvest, copy or systematically extract website content or data without our prior written consent;
• reproduce or exploit website content for commercial purposes without our permission;
• use our name, branding or content to suggest an unauthorised association or endorsement; or
• attempt to bypass security, access controls or technical restrictions.

We may suspend or restrict access to the website where we reasonably consider that these terms have been breached or that restriction is necessary to protect the website, our business or other users.

10. Intellectual property.

Unless stated otherwise, all intellectual property rights in the website and its content are owned by, or licensed to, The Can Man AU Pty Ltd.

This includes:

• the Can Man Coffee name and branding;
• the The Can Man name and wordmark;
• logos and trade marks;
• photographs, videos and graphics;
• text, menus and service descriptions;
• page layouts and designs;
• downloadable materials; and
• other website content and materials.

You may view the website and print or save reasonable extracts for your personal or internal business reference in connection with a genuine enquiry or booking.

You must not, without our prior written consent:

• copy, reproduce, publish, distribute or adapt website content;
• use our branding, images or wordmarks commercially;
• remove copyright, trade mark or other ownership notices;
• create a derivative website or service using our content; or
• represent that you own or are authorised to use our intellectual property.

Nothing in these terms transfers ownership of any intellectual property to you.

11. User-submitted content.

If you submit text, images, documents or other material to us through the website or in connection with an enquiry, you confirm that:

• you have the right to submit that material;
• submitting it does not breach another person's rights or any law; and
• it does not contain unlawful, defamatory, malicious or harmful material.

You grant us a non-exclusive, royalty-free licence to use, reproduce, store and communicate that material to the extent reasonably necessary to respond to your enquiry, prepare a quote, administer a booking or provide the requested service.

We are not required to publish or use material submitted by you and may remove or disregard material that is inappropriate or unrelated to our services.

12. Privacy.

Our collection, use, storage and disclosure of personal information are described in our Privacy Policy.

By submitting an enquiry or using a website form, you acknowledge that we may handle the personal information you provide for purposes including:

• responding to your enquiry;
• preparing and administering a quote or booking;
• communicating with you about a requested service;
• managing business records;
• improving the website and our services; and
• complying with legal obligations.

You should not submit sensitive personal information through a general website form unless we specifically request it and provide a secure method for doing so.

The Privacy Policy forms part of the information governing our handling of your personal information. If there is an inconsistency between these terms and the Privacy Policy concerning personal information, the Privacy Policy will apply to that subject matter.

13. Third-party websites and services.

The website may contain links to third-party websites, social media pages, booking tools, mapping services or other platforms.

These links are provided for convenience only. We do not control or operate those third-party services and do not necessarily endorse their content, products or services.

Your use of a third-party website or service is governed by that third party's own terms and privacy policy. We are not responsible for:

• the availability or accuracy of third-party websites;
• the content, security or privacy practices of third parties;
• transactions or communications between you and a third party; or
• any loss arising from your use of a third-party website or service.

You should review the relevant third party's terms before using its service or submitting information through it.

14. Website availability and security.

We do not guarantee that the website will:

• be available at all times;
• operate without interruption or delay;
• be compatible with every device or browser;
• be free from viruses or other harmful components; or
• be secure from every possible threat.

You are responsible for using appropriate security measures on your device and for maintaining the security of any information you use to access the website.

We may suspend, withdraw, modify or discontinue all or part of the website without notice, including for maintenance, security, operational or business reasons.

15. Disclaimers.

To the maximum extent permitted by law:

• the website is provided for general information and booking enquiries;
• we do not guarantee that the website will meet your particular purpose;
• we do not guarantee that any particular service, menu item, date, location, price or availability shown on the website will be available;
• information on the website should not be relied on as a substitute for a written quote or confirmed booking;
• we do not guarantee that any event or site-run enquiry will be accepted; and
• we are not responsible for matters outside our reasonable control that affect website availability or information displayed on the website.

Nothing in these terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified, including rights and guarantees under the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law.

16. Limitation of liability.

To the maximum extent permitted by law, Can Man Coffee and The Can Man AU Pty Ltd are not liable for loss, damage, cost or expense arising from or connected with:

• your use of, or inability to use, the website;
• reliance on information published on the website;
• an interruption, delay, error or omission affecting the website;
• a virus or other harmful component transmitted through the website;
• a third-party website, platform or service linked from the website;
• an enquiry not being accepted or a booking not being confirmed; or
• unauthorised access to information caused by circumstances outside our reasonable control.

To the maximum extent permitted by law, our liability under or in connection with these website terms is limited to the cost of supplying the relevant website service again or, where that remedy is not available, the reasonable cost of having the relevant website service supplied again.

This limitation does not apply to liability that cannot lawfully be limited or excluded. It does not exclude or limit:

• consumer guarantees under the Australian Consumer Law;
• liability for death or personal injury caused by negligence where that liability cannot lawfully be excluded;
• liability for fraud or fraudulent misrepresentation;
• liability for wilful misconduct; or
• any other liability that cannot lawfully be excluded or limited.

17. Changes to the website and these terms.

We may change, update or remove website content at any time.

We may also amend these terms by publishing an updated version on the website. The updated version will apply from the date stated at the beginning of the updated terms, or from the date of publication if no date is stated.

Your continued use of the website after updated terms are published indicates your acceptance of the updated terms.

Changes to a confirmed booking or service agreement must be dealt with under the applicable written quote, booking confirmation or service terms. Updating these website terms does not, by itself, change an existing confirmed booking.

18. Termination.

You may stop using the website at any time.

We may suspend or terminate your access to the website if we reasonably consider that:

• you have breached these terms;
• your use may harm the website, our business or another person;
• access is required for maintenance, security or legal reasons; or
• the website or a relevant feature is being discontinued.

Provisions that are intended by their nature to continue after access ends will continue, including provisions concerning intellectual property, privacy, disclaimers, liability and governing law.

19. Governing law and jurisdiction.

These terms are governed by the laws of Queensland, Australia.

You submit to the non-exclusive jurisdiction of the courts of Queensland and courts entitled to hear appeals from them.

20. Contact.

For website enquiries, booking requests or questions about these terms, contact:

The Can Man AU Pty Ltd trading as Can Man Coffee
ABN: 25 694 706 520
Location: Cleveland QLD 4163
Email: brent@thecanman.com.au
Phone: 0494 000 412
Social: @TheCanManAu