1. About these Terms
These Website Terms and Conditions ("Terms") govern your use of thefoodhub.com.au (the "Website"), which is operated by The Food Hub Pty Ltd (ABN 30 609 356 005) ("we", "us", "our").
By accessing or using the Website, submitting an enquiry, or otherwise engaging with us through the Website, you agree to be bound by these Terms. If you do not agree, please do not use the Website.
These Terms should be read together with our Privacy Policy.
2. Nothing on the Website is a binding offer
The Website provides information about our catering, food truck, and event services, including Birdman Food Truck, Fries in a Cone, and other brands we operate. Menus, prices, package inclusions, and availability listed on the Website are for general information only and do not constitute a binding offer.
A catering booking is only formed when:
- We issue you a written quote, proposal, or booking confirmation;
- You accept that quote, proposal or confirmation in writing (including by email); and
- Where we require a deposit, the deposit has been received by us in cleared funds.
Until a booking is confirmed in that way, we reserve the right to decline, modify, or withdraw any enquiry or indicative quote.
3. Catering enquiries and quotes
When you submit an enquiry or request a quote through the Website, by phone or by email:
- You must provide accurate, current, and complete information, including event date, location, guest numbers, and any dietary or allergen requirements;
- Quotes are valid for the period stated on the quote (or, if not stated, 14 days from the date of the quote);
- Pricing is based on the information you provide; material changes (e.g. guest numbers, location, inclusions) may result in a revised quote; and
- Prices are in Australian dollars and, unless expressly stated otherwise, include GST.
4. Bookings, deposits and payment
Full booking terms (including deposit amount, payment schedule, cancellation and refund terms, and event-day conditions) will be set out in the written quote, proposal or service agreement we provide to you. Those event-specific terms prevail over these Website Terms to the extent of any inconsistency.
As a general rule:
- A non-refundable deposit is required to secure a booking date;
- The balance of the fee is payable by the date stated on the invoice, and no later than 7 days before the event unless otherwise agreed;
- We reserve the right to decline service where payment has not been received by the due date; and
- Late payments may attract interest at the rate prescribed in our service agreement or otherwise at the Reserve Bank of Australia's published cash rate plus 2%, calculated daily.
5. Cancellations, postponements and changes
Cancellation and postponement terms will be set out in your service agreement. As a general rule, cancellation fees may apply on a sliding scale based on how close to the event date you cancel, to reflect our preparation costs, ingredient procurement, and lost opportunity.
Force majeure. Neither party will be liable for failure to perform where performance is prevented by events outside that party's reasonable control, including fire, flood, extreme weather, pandemic, public health orders, strikes, government action, or failure of public infrastructure. Where a force majeure event occurs, the parties will act reasonably to reschedule the booking or, where that is not possible, refund amounts paid less costs already incurred.
6. Allergens, dietary requirements and food safety
We take food safety seriously and operate in accordance with the Food Standards Code (Standards 3.2.2, 3.2.2A and 3.2.3) and applicable NSW food safety laws.
However, you acknowledge and agree that:
- Our food is prepared in shared kitchens and on shared food truck equipment where traces of common allergens (including gluten, dairy, eggs, soy, sesame, peanuts, tree nuts, fish, crustaceans, and molluscs) may be present;
- We cannot guarantee that any menu item is entirely free from any allergen;
- It is your responsibility to disclose all relevant allergy and dietary requirements of guests at the time of booking, and to confirm them in writing before the event; and
- Where a guest has a severe allergy, we strongly recommend you discuss the booking with us directly so we can assess whether we can safely cater to that guest.
7. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) ("ACL") or any other applicable law where to do so would be unlawful.
Where our goods or services come with guarantees that cannot be excluded under the ACL, you are entitled to the remedies set out in the ACL. For major failures, you are entitled to cancel the service and receive a refund for the unused portion, or to receive compensation for the reduction in value. You are also entitled to have the service remedied if the failure is not major.
8. Liability
To the maximum extent permitted by law, and subject always to section 7:
- We exclude all implied warranties, conditions, and representations not expressly set out in these Terms or your service agreement;
- We are not liable for any indirect, consequential, special, or economic loss (including loss of profit, loss of revenue, loss of business opportunity, loss of reputation, or loss of data), whether arising in contract, tort (including negligence), under statute or otherwise;
- Our total aggregate liability for any claim connected with a catering booking is limited, at our option, to: (i) re-supplying the services; or (ii) refunding the amount you paid for the affected services; and
- We are not liable for any loss or damage caused by your breach of these Terms, your negligence, your failure to disclose allergen or dietary information, your failure to provide safe site access or power, or the act or omission of a third party not engaged by us.
These limitations do not purport to limit liability in circumstances where the law does not permit such limitation.
9. Indemnity
You indemnify us and our related entities, directors, employees, and contractors from and against all claims, losses, damages, costs, and expenses (including reasonable legal costs) arising from or connected to:
- Your breach of these Terms or any service agreement with us;
- Your negligent or wrongful act or omission;
- Your failure to disclose allergen or dietary requirements accurately; or
- Any information you provide to us being inaccurate, incomplete, or misleading.
This indemnity is reduced to the extent that our negligence or wrongful act contributed to the loss.
10. Acceptable use of the Website
When using the Website, you agree that you will not:
- Use the Website for any unlawful purpose or in breach of these Terms;
- Submit false, misleading or fraudulent enquiries;
- Upload or transmit any viruses, malware, or harmful code;
- Interfere with, disrupt, or attempt to gain unauthorised access to the Website, our systems, or the systems of any user;
- Scrape, copy, or republish content from the Website without our prior written consent; or
- Use the Website in any way that could damage, disable, overburden, or impair it.
11. Intellectual property
All content on the Website, including text, logos, trade marks (including BIRDMAN and BIRDMAN FOOD TRUCK), photographs, videos, graphics, menus, and software, is owned by us or our licensors and is protected by copyright and trade mark laws in Australia and internationally.
You are granted a limited, non-exclusive, non-transferable, revocable licence to view and print content from the Website for your personal, non-commercial use, or to evaluate engaging our services. All other use requires our prior written consent.
12. Third-party links
The Website may contain links to third-party websites or resources (for example, social media platforms or payment processors). We do not endorse those third parties and are not responsible for their content, products, services, or privacy practices. Your use of third-party websites is at your own risk.
13. Reviews and user-submitted content
If you submit a review, testimonial, photo, comment, or other content to us or through the Website, you grant us a perpetual, royalty-free, worldwide, non-exclusive licence to use, reproduce, publish, and adapt that content for our marketing and business purposes. You represent and warrant that the content is your own, is accurate, and does not infringe any third party's rights.
14. Privacy
Your use of the Website, and our collection and handling of your personal information, is governed by our Privacy Policy, available on the Website.
15. Suspension and termination
We may suspend, restrict, or terminate your access to the Website at any time, with or without notice, including where you breach these Terms or we reasonably suspect you of fraudulent or unlawful conduct.
16. Changes to these Terms
We may update these Terms from time to time. The current version will always be available on the Website, and the "Last updated" date at the end will reflect the most recent change. Continued use of the Website after any change constitutes acceptance of the updated Terms.
17. Governing law and jurisdiction
These Terms are governed by the laws of New South Wales, Australia. You and we submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia for any dispute arising out of or in connection with these Terms or the Website.
18. General
- If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.
- Our failure to enforce any right is not a waiver of that right.
- You may not assign or transfer your rights under these Terms without our written consent.
- Headings are for convenience only and do not affect interpretation.
19. Contact us
If you have any questions about these Terms, please contact us:
- The Food Hub Pty Ltd
- Email: [email protected]
- Phone: 0489 922 282
- Post: 14/682 New Canterbury Rd, Hurlstone Park NSW 2193
Last updated: 22 April 2026