Terms & Conditions

Update 9 December 2023

General Information

The following terms and conditions form the basis of your contract with Otao Kitchen Ply Ltd. Please read them carefully as they set out your and our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have read this booking terms and conditions and you agree to them and that you agree to them applying to your experiences that you book with us. References in these experiences' booking conditions to your “food experience”, “food tour”, “holiday package”, "hampers" ,"gift voucher" and "food events" are references services you have booked with Otao Kitchen.


Acknowledgement

"If the person books our experiences and events on behalf of a Guest or an Organisation or Business warrants and assures that he or she has full power and authority to bind the Guest or the Organisation or the Business to the terms of this Contract.

You acknowledge that the Otao Kitchen has relied on the representations made by you in relation to if relevant, your authority to sign this Contract, your circumstances, travel/experience insurance availability, age and medical condition which representations you hereby confirm and warrant are true, correct and complete in every respect."


Price and Inclusions

For experiences and events. Pricing includes all food, the use of aprons and equipment and qualified cooking instructors. We offer complimentary beverage with meals at our venue.  No price reduction is available for guests who choose not to avail themselves of a glass of wine or a beer. experiences and events's price generally does not include booking fees and other charges. We reserve the right to change prices without notice. All prices include Goods and Services Tax (GST) at the current rate of 10% in Australia.

For tours. Prices will be set out on this website unless it is varied by advertising or a special offer, may include government taxes and charges, exchange rates (tours), booking fee surcharges. A force majeure event or other material changes may be added later.Prices are quoted on a seasonal basis. Please refer to your rates for current prices. We reserve the right to change prices without notice. All prices include Goods and Services Tax (GST) at the current rate of 10% in Australia.


Cancellation by Guest

The date of cancellation is the date that Otao kitchen receives written notice of the cancellation by email. We will reply to your email within 2-3 business days.

For rescheduling made more than 14 days prior to the event, there is no charge to change to your new date. After the first date change, there will be $49pp per date change. For rescheduling made within 14 days prior to the event we can only accept that you are being sick with a medical certificate and we will charge $49pp fee.

No refund or reschedule will take effect (1) if you fail to arrive at the venue at the time stipulated, (2) if you voluntarily leave your class after it has commenced, (3) if you need to leave the event for reasons of bereavement, injury or illness.  Travel insurance and medical insurance are therefore strongly recommended.


Cancellation by Otao kitchen

In some cases, this can occur after the experiences and events has commenced. If we need to cancel for any reason, we will fully refund the cost of the experiences and events or provide a replacement experiences and events at a later date convenient to both parties. Any other costs associated with travel to the designated pick up point, overnight accommodation, meals, etc will not be covered by us and therefore we strongly recommend travel insurance be taken out prior to travel.

We reserve the right to cancel any experiences and events up to 5 days prior to the experience in which event a full refund will be made but all experiences and events are guaranteed to depart once a minimum of 5 people are confirmed.

No experiences and events will be cancelled inside 5 days and every effort will be made to consolidate numbers so that the booked experiences and events will successfully start.


Refund Policy

You will be paid full amount of the experience, the class or the event before you join. We have no refund policy meaning you will only be able to get credit for your class to use later, you can do:

(1) Change-of-mind refunds are only permitted for valid vouchers that have not been used, i.e. where an experience date has not yet been booked on the Otao Kitchen's system. Once you have requested a booking, your voucher cannot be cancelled and is not refundable for a change-of-mind, but may be subject to a credit if the experience cannot be fulfilled. The refund will be processed back to the purchaser only. Any Otao Kitchen account credits used for the purchase will be refunded in the same form of tender.

(2) After the elapse of 7 days from the purchase date, no refunds will be granted for ‘Change-of-Mind’. Un-used, un-expired vouchers can now be exchanged free of charge to an experience credit.


Gifts, Kits & Hampers

Once a Gifts & Hampers product has been purchased and dispatched, it cannot be exchanged for change-of-mind.

At certain times we may need to change the contents of 'Gifts & Hampers', for example where individual items are out of stock or have become obsolete. We will ensure that any replacement item is of comparable quality and if this is not possible, you may be entitled to a remedy in accordance with your statutory consumer guarantee rights.


Alcohol

Alcohol will only be served to those who are 18 and over. Proof of age will be required for all that attend our adult classes. 


Private and Corporate Group and Venue Booking

A minimum charge of $1,650 is applied to all group and venue bookings. If your group number falls below the minimum spend, the minimum spend is applied. 

A retainer of 50% the total value is required to confirm your booking. Payment may be made via credit or debit card, cash or by invoice. The balance is due 14 days before the event, upon confirmation of the guest number and their dietary requirements. Full payment is required at the time of booking for events, within 14-day of the event date. 

If cancellation is made of more than 14-day notice, we will refund 50% of your deposit. For a cancellation is made within 14 days, no refund will take effect, and you will have to pay for the minimum spend. If your group voluntarily leave or not show up to the event on the day, no refund will take effect.

Final numbers and dietary requirements for your session must be confirmed no later than 14-day prior to the start time of the cooking session in order to give us enough time to plan for class resources and staff. If you would like to increase the number of participants after this time, please email us hello@otaokitchen.com.au to discuss, and we will do the best to accommodate you.


Children Joining Kid Classes 

Children aged 10 years old and above may attend kid classes such as "kids and parents", "school program" or "school holiday courses". They must be able to reach and work unassisted without the use of a stool, prop or and other object to raise the child at the height of a standard kitchen surface 90cm to participate. In order to avoid disappointment please check the height of your child and those attending a party that you have organised that all children meet the requirement.


Children Joining Master Classes

Except when we specify our kid and school experiences, classes and events, only people over 12 years old who attend and be supervised by an adult at all times. The adult must supervise the children throughout and assist the child during the cookery class if required.


Gift card and vouchers

The gift voucher for experiences and events may not be exchanged for cash and no cash change will be provided. If the experiences and events purchased totals less than the value of the gift voucher amount, any balance will remain on the gift voucher and will be redeemable against future experience bookings. Change in the form of currency or credit or debit cards cannot be provided.

Otao Kitchen cannot accept responsibility for lost gift vouchers or e-voucher codes. If a Gift Voucher is received and subsequently lost, the recipient may be eligible to have a replacement voucher emailed to them - contact us.

If your gift voucher is close to or has expired up to a maximum of 90 days past the expiry date, you can request an extension for a maximum of 90 days. This will incur a $49 extension fee paid at the time of extension.  

Vouchers will remain valid for 12 months from the date of purchase with the same price and experience. The voucher will be preserved for a further 24 months but we will not be obliged to offer the same experience nor to offer the experience at the same price. After 24 months, if the experience is no longer available a Credit will be provided for the amount paid for the voucher. 

A Credit carries the same expiry date as the original Experience Voucher or Gift Card. Expired credits are non-refundable in whole or in part. After credit has expired, it is no longer valid, and all transaction attempts will be declined. Any unused value at the date of expiry will become the property of Otao Kitchen.

Health and Fitness Requirements

You will follow all of our hygiene and safety procedures. We recommend that you wear practical clothing, including shoes that cover your toes, a minimal amount of jewellery and hair tied back where necessary.
In the event that you are unwell we ask that you send someone in your place, or we will give you credit to join later and pay $49pp admin fee. You must send us a doctor certificate copy if you are sick to get the credit. The participants who are not unwell will still be expected to attend. 
You may be refused admission if we suspect that you are under the influence of alcohol or any other substance, are ill with a communicable disease or that you are engaging in inappropriate behaviour. You will consume any alcohol offered responsibly.


Become illness

You will let us know and you should not attend if you have been ill or become ill in the 48 hours before the session with any diseases e.g. colds and flu; diarrhea, vomiting; and other infections. This is to protect all our guests as these illnesses can be spread through food. In the event that you are unwell we ask that you send someone in your place. The participants who are not unwell will still be expected to attend. There is a $49pp admin to reschedule for a new class.


Food allergies

You will let us know your food allergies. Ingredients may have been manufactured on shared equipment with wheat, dairy, eggs, nuts, fish, soya and shellfish and other allergens.
Please highlight upon booking with any food allergies. You agree to take into account the dietary restrictions of anyone who may consume the meal prepared at the class by leaving out any foods that may cause harm to the people who will be eating the food you prepare.


Insurance

We recommend you to take out insurance in the strongest possible terms. When selecting an insurance product, please ensure that it provides cover against personal accidents or injury, medical expenses, emergency repatriation and personal liability, cancellation for any reason including bereavement, delayed flights, lost luggage and personal effects.


Indemnity Form

When booking experiences and events, we require that all guests indemnify the company (Otao kitchen), its servants and agents or any of them from and against all costs, claims, actions, demands and liability whatsoever and howsoever arising from or in any way connected with us including such costs, claims, actions, demands or statutory duty or otherwise on the part of the Company, or any of its servants or agents, and including any liability in respect of or related to your death, personal injury or loss of or damage to any property owned or possessed by you.


Force Majeure incl Covid19

Force Majeure means the occurrence of an event that is beyond Otao kitchens reasonable control and which could not have been reasonably prevented by us such as war, armed conflict, criminal damage, riot, civil strife, industrial dispute, terrorist activity or the threat of any such acts; natural disaster (including but not limited to flooding, fire, earthquake, landslide), adverse weather conditions, high or low water levels; nuclear or other industrial accident causing environmental pollution or contamination; or change in law, meaning, enactment, amendment (including repeal) in the law or administration of any law in Australia or any jurisdiction or territory relevant to the booking contract, which includes changes in statute, regulation, determination, by-law, declaration, licence and the common law as applicable from time to time.

Termination of Booking Contract or Change of Arrangements Due to Force Majeure. If Otao kitchen, in its reasonable opinion, considers that any Force Majeure event prevents Otao kitchen from lawfully or safely providing any products or services subject of the booking contract with you, Otao kitchen may immediately by written notice: terminate the booking in whole or in part; change your arrangements as reasonably practicable to ensure your safety and invoice you for any additional costs.

Limitation of Liability in the Event of Force Majeure. In the event that Otao kitchen cancels or changes your bookings in any way due to a Force Majeure event, Otao kitchen will not be liable to you in contract, tort, statute or restitution for any loss, damage, costs, charges, expenses or injury resulting from or in connection with whether directly or indirect.

The cancellation or change to your bookings or the Force Majeure event. Otao kitchen is not liable to refund any part of the deposit or purchase price paid by you if Otao kitchen subsequently changes or cancels your travel arrangements in connection with a Force Majeure event. Force Majeure events are unpredictable and beyond Otao kitchen’s control. It is your responsibility to purchase insurance to adequately protect yourself against these risks.


Limitation of Liability 

Without exception, you will indemnify and hold us and our employees harmless from all responsibility for any loss of personal property whilst at the kitchen, or for any injuries or damages you sustain or, or that anyone affiliated with or connected with you in any way may sustain, in connection with or resulting directly or indirectly from your preparation of the our food, save where such injuries or damages arise as a result of our negligence; and

Our liability to you shall not exceed the total price charged for any sessions/classes booked. Nothing in these terms and conditions excludes our liability to you for personal injury or death caused by our negligence.

You must indemnify and hold harmless Otao kitchen and each of its officers, employees and contractors against any losses, costs, claims, damages, expenses, liabilities, proceedings or demands which any of them may directly or indirectly incur or suffer as a consequence of any breach by you of your obligations under these terms and conditions.


Complaint and Feedback

Feedback on the quality of the class you experienced, components individually and/or as a whole are used to improve the delivery of our classes in future. General feedback will be passed back to our chefs and other staff, where relevant, but will not contain individual customer details.

If you have a complaint about your class, please inform your trainer or other staff member at the time, in order that they can attempt to rectify the matter. If satisfaction is not reached by these means, then any further complaint should be put in writing to us within 14 days after your class.

If you would like to make a complaint in writing you can email us or mail your complaint to 393 Victoria Street, Abbotsford, 3067. OTAO Kitchen will respond to your complaint within 7 business days.


Customer ratings and reviews terms of use

We encourage you to leave feedback on your experience with Otao Kitchen. By submitting any content to Otao Kitchen, you represent and warrant that:

You are the sole author and owner of the intellectual property rights of the content of your review, and that the content of your review does not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.

For any content that you submit, you grant Otao Kitchen a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you;

All "moral rights" you may have in such content have been voluntarily waived by you (including rights of attribution or integrity) that may subsist in your content and agree you have no objection to the publication, use, modification, deletion or exploitation of your content by Otao Kitchen;
You are at least 18 years old if completing a review for an experience that includes alcohol;

You have not been compensated or granted any consideration by any third party for your review, and that you are providing your review in good faith and in the spirit in which the process is intended;

Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity;
The content you provide to Otao Kitchen: is not false, inaccurate or misleading; does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising) does not contain any content which is defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; does not contain any computer viruses, worms or other potentially damaging computer programs or files; and

The content you provide does not contain any of the following types of content or violates other guidelines: Obscenities, discriminatory language, or other language not suitable for a public forum; advertisements, “spam” content, or references to other products, offers, or websites; email addresses, URLs, twitter handles, phone numbers, physical addresses or other forms of contact information; critical or spiteful comments about other reviews posted on the page or their authors.

You agree to indemnify and hold Otao Kitchen (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (direct or indirect) including reasonable legal fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

All content that you submit will be used at Otao Kitchen's sole discretion. Otao Kitchen reserves the right to change, condense or delete any content on its website that Otao Kitchen deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. 

By submitting your email address in connection with your rating and review, you agree that Otao Kitchen and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.

From time to time Otao Kitchen may offer customers incentives to leave reviews (e.g. discount coupon/entry into prize draws, etc.). As it is important to Otao Kitchen that reviews are impartial and honest, these incentives will be available to customers regardless of whether the review is positive or negative.


Privacy Acts

It is essential for OTAO Kitchen to have your name, current telephone number, address and/or email. If required, we will notify you of a cancelled class as soon as is practical.
Please inform OTAO Kitchen immediately if your contact details change. If you have signed up for an online membership, you can log in and update your personal details yourself.

Legislation governs the release of private information. Information about you may not be given to any person or organisation outside of OTAO without your authorisation, except in an emergency, where there is a risk to the general public, or where required by law. In such cases, the owner or nominee must authorise the release of information.

Please see our Privacy Policy https://otaokitchen.com.au/about/privacy-policy.html


Copyright Acts

You may be photographed and/or filmed during your class and Otao Kitchen Limited may use your name and any photographs and/or recordings featuring you, and may cut, edit and adapt the same as necessary, for use in website, for promotional uses, by means of any and all media, worldwide and in perpetuity.

Images of you might be taken during classes and might be used for advertising and/or promotional purposes. By coming to the experiences and events, you grant OTAO Kitchen a perpetual, royalty-free, worldwide, irrevocable license to use such image/s for publicity and promotional purposes.

At the time of registration, you may include in the option to receive future offers and updates from Otao kitchen by email and/or SMS. Your personal information will be kept in a secure database.

You may also include in photos and videos of you in our cooking classes and events for the business marketing purposes. You may opt-out at any time by letting us know by email or telephone. 

 


Jurisdiction

The law of Victoria in which the experiences and events takes place shall apply to this Contract.