Terms & Conditions

Terms & Conditions

  1. About these Terms and Conditions

    1. These Terms and Conditions (“Terms”), together with the Quote, form an Agreement between you, the Client (also referred to in these Terms as “You”), and Elisha Maree Werner ABN 18 343 533 510 trading as “Pepperberry & Co” (“Pepperberry” “us” “we”), for the provision of event planning services (Services).

    2. The provision of the Services is conditional on your acceptance of and compliance with these Terms. By engaging Pepperberry and accepting the Quote, you agree that you have read and will be bound by the Agreement.

  2. Provision of the Services

    1. You authorise Pepperberry to arrange the planning and styling of your Event and perform the Services in accordance with the details provided. Services can include:

      1. Event styling

      2. Event designing

      3. Event planning

which are collectively referred to as the Services.

    1. You acknowledge and agree that:

      1. In order to request the Services and to receive a quote for the Services (Quote), you are required to provide us with the Event Date and the details and requirements for the Services, including but not limited to the venue, timings, event planning and styling requirements and any specific location requirements (Event Details);

      2. the Services will not be confirmed until you have accepted the Quote and paid the Deposit (refer to clause 3 below)

    2. The Services may include the supply of Equipment, which may include but is not limited to:

      1. furniture and decor; and/or

      2. entertainment.

    3. The Event Details form part of this agreement and you agree to make every effort to cooperate for Pepperberry to provide the Services. You acknowledge that we cannot accept responsibility for the extent of the event planning and styling requirements if the Event Details are incorrect or if you chose not to follow the agreed schedule for the event.

    4. You acknowledge that you are familiar with Pepperberry’s portfolio and are requesting the Services with knowledge of Pepperberry’s style, and understand that:

      1. Pepperberry’s work is constantly evolving;

      2. Pepperberry’s services are of unique and artistic nature; and

      3. The styling, designing or planning in providing the Services may be different from styling, designing or planning by us in the past.

    5. There is a seven (7) calendar day cooling-off period from the date of signing/agreeing to this Agreement. If you wish to withdraw your order and/or request for the Services within the cooling-off period, you must notify us by midnight on the seventh calendar day after the day that you have signed the Acceptance.

  1. Deposit and Fee

    1. You agree that you have received, read and understood Pepperberry’s Quote, which details the Services to be provided and the quoted price for those Services (Price).

    2. The Quote provided is based on the Event Details you have provided to us. If you later request Additional Services, Pepperberry may at its discretion agree to provide the Additional Services and will provide an updated Quote.

    3. To confirm your booking of the Services and prices contained in the Quote, you are required to pay the deposit specified on the Quote (Deposit). The Deposit may be a flat rate or a percentage of the Price depending on the type of Services being provided, as follows:

      1. Where the Services are for an event less than 40 people, the Deposit will be 20% of the Price, payable on acceptance of the Quote.

      2. Where the Services are for an Event more than 40 people:

        1. There will be an initial Deposit of 50% of the Price payable on acceptance of the Quote; and

        2. There will be a Second Deposit of 30% of the Price payable two (2) months prior to the Event Date.

    4. The Deposit:

      1. is payable by way of electronic transfer of funds as detailed on the Quote, or as otherwise directed by us;

      2. is non-refundable; and

      3. confirms the booking with us for the Services as detailed on the Quote.

    5. You agree and acknowledge that Pepperberry provides specialist Services and is booked many months in advance. The Deposit is required to secure the Services for the Event Date, and to allow us to begin preparations for the Event. You agree that it is reasonable for the Deposit to be non-refundable on the basis that, by you securing your Event and Event Date is foregoing the ability to provide services to other clients on that day and during the time required to prepare for the Event.

    6. You agree to pay the full balance of the Price at least 14 days prior to the Event Date. Failure to do so give us the right to refuse to carry out the full Services.

  2. Travel and Accommodation

    1. In the event that you require us to travel for the Event, travel and accommodation fees are in addition to the Price. We will agree with your appropriate rates/fees for such travel. In some cases, you and Pepperberry may agree on a Price which includes all travel expenses, and this will be expressly noted on the Quote. If that is the case, clauses 4.2 and 4.3 below will not apply.

    2. Travel arrangements will be booked by us and the agreed upon travel fees are payable with the Deposit at the time of booking. Travel and accommodation fees paid to us are non-refundable.

    3. You agree that the following travel and accommodation requirements are reasonable and necessary for the Services to be provided, and the associated expenses will be paid by you:

      1. For Australian Events outside of Canberra: 1-2 nights of hotel stay.

      2. For International Event: 3-4 nights stay at a hotel within five (5) kilometres of the Event location.

      3. Hotels must be comfortable and appropriate and are subject to the approval of Pepperberry, acting reasonable.

      4. If air travel is necessary, we will fly out of Canberra and into the destination city where the Event is taking place, or nearest to the destination city, on economy class if available.

      5. For international destinations, any applicable work visas will be arranged by us prior to the Event Date.

    4. You agree and acknowledge that we cannot be responsible for flight cancellations or travel delays, and no refunds will be given for the delay or change to the Services in these circumstances.

    5. In the event of cancellation due to a force majeure event, you will be refunded travel fees only if we are able to obtain refunds from the relevant travel providers.

  3. The Event and Our Obligations

    1. We will provide the Services:

      1. as detailed in the Quote, and in accordance with the Event Details advised by the Client; and

      2. with due and professional diligence.

    2. Should, following acceptance of the Quote, Pepperberry become unavailable to provide the Services for any reason, you will be notified of the change as soon as practicable. In these circumstances, you will be entitled to receive a refund, at no cost to you.

    3. Pepperberry will not tolerate any verbal or physical indecent or abusive behaviour of the Client or any guests, vendors or attendees of the Event. You acknowledge that any unacceptable behaviour, fear for safety, misconduct or damage to the equipment of Pepperberry will result in early or immediate departure. You understand that in such circumstances, no refunds will be granted.

    4. If any employee of Pepperberry is exposed to conditions that cause fear for safety, we reserve the right to immediately protect them, including leaving the Event and terminating this Agreement.

  4. Client Obligations and Responsibilities

    1. You accept the responsibility to contact us, at least two weeks prior to the Event to confirm the Event Details. Any significant change in the Event Details from the details previously advised to us may result in additional charges being incurred.

    2. You agree and acknowledge that:

      1. the Event Details provided are correct;

      2. you will confirm the Event Details prior to the Event as requested by us;

      3. you will advise all other vendors associated with the Event of all the relevant times, details and locations as specified in the Event Details and to coordinate their services;

      4. we are the exclusive official event planner or event stylist for the Event and that others will not interfere with our provision of the Services.

    3. You agree to provide a safe venue, including:

      1. Providing clear and free access to the venue area;

      2. Informing us prior to the Event Date about any known safety issues at the venue; and

acknowledge that any additional costs to ensure a safe venue are the responsibility of the Client and are payable in addition to the Price.

    1. Where the Services include the supply of Equipment,

      1. the Equipment is the property of Pepperberry and remains so until it is returned to us;

      2. the Client will be responsible for the Equipment until it is returned and deemed returned by us that the Equipment is in good condition; and

      3. the Client is responsible for making a judgment as to the suitability of the Equipment for a particular need or event.

    2. Where the Services include the supply of third-party Equipment, the Client:

      1. accepts responsibility for the Equipment following delivery; and

      2. releases and indemnifies Pepperberry from any personal or property damage caused by the Equipment that occurs following delivery; and

      3. will be responsible for the loss or damage of third-party Equipment and will be liable to pay any amount outlined by the third-party to rectify the loss or damage.

    3. The times quoted for delivery of Equipment (whether Pepperberry Equipment or third-party Equipment are estimates only and we:

      1. accept no liability for failure or delay in delivery of Equipment;

      2. may deliver Equipment by instalments;

      3. will not be liable for any cost incurred as a result of unavailability of ordered Equipment.

    4. Pepperberry will not accept cancellation of an order due to late delivery; nor shall it be liable for consequential damages of any kind arising out of late delivery or non-delivery.

  1. Cancellations and changes to event

    1. You acknowledge that we provide specialist services that are booked many months in advance of an Event Date. If you cancel your request for Services, we are unlikely to replace that booking with another client, and as a result will suffer financial loss.

    2. You agree to immediately advise us in writing of any alterations in the Event Details or Event Date, including postponement of the Event.

      1. If you fail to supply written notice of any change to the Event Details or of the confirmed Services before the Event Date, you may still be liable to pay for such Services, and we may be unable to provide additional Services requested.

      2. If you fail to provide:

        1. at least one (1) month written notice of change to the Event Date, where the Services are for an Event less than 40 people; or

        2. at least three (3) months’ written notice of change to the Event Date, where the Services are for an Event more than 40 people.

We are entitled to charge you a Postponement Fee equal to the deposit payable immediately and will retain the deposit to confirm the new Event Date.

    1. You agree to immediately advise us in writing of cancellation of the Event or the Services. You acknowledge that if you cancel the Services, you will be charged as follows:

      1. If you cancel the Services at any time after paying the Deposit, the Deposit will be forfeited.

      2. If you cancel the Services within six (6) months of the Event Date, in addition to forfeiting the Deposit you will be required to pay a cancellation fee as follows:

        1. Cancellation within six (6) months of the Event Date: cancellation fee equal to 50% of the Price.

        2. Cancellation within three (3) months of the Event Date: cancellation fee equal to 75% of the Price.

        3. Cancellation within two (2) months of the Event Date: cancellation fee equal to 100% of the Price.

  1. Termination

    1. Pepperberry may terminate the Agreement by giving seven (7) days’ notice in writing in accordance with Clause 5.2.

    2. Pepperberry may terminate the Agreement immediately by giving notice in writing and at any time after the Client:

      1. breaches any of the terms and conditions of the Agreement which is not remedied within 7 days;

      2. commits an act of bankruptcy, voluntary or compulsory liquidation, appointment of a controller or administrator, order or resolution to wind up; or

      3. dies.

    3. If the Agreement is terminated in accordance with either clause 8.1 or 8.2 above:

      1. Pepperberry must stop providing the Services and take all reasonable steps to minimise loss resulting from that termination;

      2. the Client will be liable for payment for any Services provided up to and including the date of Termination.

  2. Intellectual Property

    1. Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us. We own all intellectual property rights arising from the Services.

    2. You may not copy, distribute, sell, modify, or create derivative works of the intellectual property or any part thereof.

    3. Nothing in the Terms gives you a right to use the Pepperberry name or any of the Pepperberry trademarks, logos, domain names, and other distinctive brand features, without our express written consent.

  3. Privacy

    1. From time to time, we may collect certain information from your use of the Services. Any information that you provide when using the Services is subject to our Privacy Policy.

  4. Indemnity and Release

    1. You agree to defend, indemnify, release from liability and hold harmless Pepperberry (including its officers, directors, employees and agents) from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (whether special, consequential or indirect and including but not limited to business interruption, lost profits or lost data) arising from:

      1. your use of and access to, or inability to use or access, the Services;

      2. your violation of any term of these Terms; or

      3. your violation of any third party right, including but not limited to any copyright, property, or privacy right.

  5. Liability

    1. In the event that elements beyond Pepperberry’s control inhibit or prevent us from providing the Services, in part or in full, then then we will not be liable for the complete performance of the Services. Elements outside of Pepperberry’s control include but are not limited to:

      1. Faulty material

      2. Equipment failure

      3. Industrial disputes;

      4. Civil disturbances; and

      5. Weather conditions.

    2. We reserve the right to operate in accordance with all state-based and nation-wide government law, mandates, advice, restrictions and/or recommendations. If we attend an event that does not comply, Pepperberry has the right to leave immediately without providing the Services. This applies to Events booked in Australia and internationally. For Events taking place outside of Australia, we will defer to that nation’s current government law & advice and make decisions accordingly.

    3. It is agreed that the liability of Pepperberry for any breach of this agreement shall be limited to be a refund of any money paid under this agreement, which shall be in full and final satisfaction of any damage or loss suffered.

  6. Force Majeure

    1. A Force Majeure event means the happenings of an event or circumstance which:

      1. Is beyond the reasonable control of a party and prevents or delays that arty from performing any of its obligations under this agreement; and

      2. Could not have been avoided or overcome by that party by the exercise of reasonable foresight, care and due diligence; and

      3. Includes, but is not limited to:

        1. An act of God including but not limited to earthquake, flood, fire, explosion, landslide, lightning, action of the elements, force of nature, washout, storm or storm warning, natural disaster, epidemic or pandemic; or

        2. Strike, lockout, boycott, work ban or other labour dispute or difficulty; or

        3. Acts of terrorism, civil disturbance, blockade, embargo, sabotage, insurrection, riot, malicious damage or government restrictions; but

      4. Excludes:

        1. Hardship due to currency fluctuation; and

        2. Change in market conditions or market prices

        3. Change in financial situation

        4. Change in relationship status

    2. Where a Force Majeure event takes place:

      1. The Parties must consult as soon as possible after becoming aware of the Force Majeure event with the purpose of agreeing and taking any steps or measures to circumvent the Force Majeure event;

      2. The Parties must implement and perform, according to its tenor, any agreement reached as a result of those consultations.

      3. The unperformed obligations of this agreement are suspended for the duration of the Force Majeure event, unless clauses 13.4, or 13.5 apply.

    3. Pepperberry is not responsible or liable for any failure or delay in the provision of the Services arising out of or caused by, directly or indirectly, a Force Majeure event.

    4. If the Event is cancelled due to a Force Majeure event:

      1. The deposit remains non-refundable and will be forfeited; and

      2. You will receive a credit for the equivalent value of any money already paid to us, to be applied to Services within 24 months from the original Event Date. This rescheduling must be mutually agreed upon and subject to Pepperberry’s availability; and

      3. If the Force Majeure event takes place after full payment has been made for the Services and the Event Date is rescheduled all funds paid will be retained and applied to the rescheduled date.

    5. If the Client does not postpone or cancel the Event and the Services during a Force Majeure event, and the Event proceeds against state of federal government law, restrictions, regulation or advice, we reserve the right to refuse to provide the Services. In this case all payments made to the Photographer will be non-refundable and will be forfeited.

  7. Waiver and Severability

    1. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

    2. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, the remainder of these Terms will continue to apply in full force and effect.

  8. Applicable Law

    1. The Agreement will be governed by the laws for the time being in force in NSW or the ACT (whichever is applicable) and the parties agree to submit to the non-exclusive jurisdiction of the courts of NSW or the ACT (whichever is applicable).

  9. Entire Agreement

    1. These Terms and our Privacy Policy are the entire and exclusive agreement between us and you regarding the Services, and these Terms supersede and replace any prior agreements between us and you regarding the Services.

    2. We may revise these Terms from time to time, the most current version will always be at [insert website link]. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

  10. Contact

    1. If you would like to contact us regarding the Services, you can do so by contacting us using the form at [insert website link].

Privacy Policy

  1. Why do we have a Privacy Policy?

    1. We are required to comply with the Privacy Act 1988 (the Act), and with the National Privacy Principles (NPP’s) contained in the Act. NPP 5 requires us to be open about the way we handle certain information, and to that end requires us to have a Privacy Policy.

  2. What information is covered by the Privacy Act 1988

    1. The Act covers personal information and sensitive information. Both of these are referred to as "information" throughout this document.

    2. Personal information is "information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion."

    3. Sensitive Information is information or an opinion that is personal information, and is about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences, or criminal record and any health information about an individual.

  3. What Information will we collect?

    1. when you engage us to provide the Services, you provide some personal information such as your name, date of birth, address, email address.

    2. We only collect information that is necessary for us to carry out our functions or activities. This may include sensitive information.

  4. How do we use the information?

    1. We collect, hold and use personal information that is reasonably necessary for us to provide the Services.

    2. The main purposes for which we collect, hold, use and disclose personal information are:

      1. provide event planning services;

      2. send you information;

      3. obtain goods and services;

      4. answer queries and resolve complaints; and

      5. recruit staff and contractors.

    3. We may also collect, hold, use and disclose personal information for other purposes where you have consented to this or where we are permitted or required by law to do so.

    4. If we are permitted by law, we may use your personal information to send to you by email newsletters, updates, and other information about our business and the Services. By agreeing to our terms and conditions, you have consented to receiving these communications, that consent will remain current until you advise us otherwise. You can opt out at any time by contacting us using the form at [insert website link]. or by clicking on the ‘unsubscribe’ link at the bottom of an email we send you.

  5. When do we disclose the information?

    1. We only disclose information where we need to in order to advance your interests, or when we are required by law to disclose it. Generally, we will try to ensure that you are aware whenever information is being disclosed to a third party.

    2. We engage certain trusted third parties to perform functions and provide services to us, including contacting you by email to advise you of news and information relating to the Services. We may share your personal information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only where these third parties have agreed to honour the protections of this privacy policy.

    3. Pepperberry reserves the right to cooperate with any legal process and any law enforcement or other government inquiry related to your use of the Services. We may provide information relevant to a court subpoena or to a law enforcement or other government investigation. You acknowledge and agree that we may collect, transmit, store, disclose and analyse such information for these purposes.

    4. In the event that Pepperberry is involved in a winding up, merger, acquisition, reorganisation or sale of assets, your information may be sold or transferred as part of that transaction. The promises in this privacy policy will apply to your information as transferred to the new entity.

  6. Can you access the information?

    1. You are entitled to ask what information we hold about you. We will, within a reasonable time, inform you of the personal information and/or sensitive information that we hold about you. You may then ask us to show you the information so that you can check to ensure that it is accurate, complete and up to date. We will give you access to the information for this purpose unless we are entitled to refuse access pursuant to NPP 6.1, in which case we must provide you with reasons for the refusal.

  7. Changes to this Policy

    1. We may revise this Privacy Policy from time to time. The most current version of the policy will govern our use of your information and will always be at be at [insert website link]. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Privacy Policy.