Terms & Conditions

1. Agreement and operator

These Terms & Conditions govern access to and use of the Pearl Frostichard website and any inquiry tools made available through it. The website is operated by Pearl Frostichard Pty Ltd, ACN 672 189 436, an Australian proprietary limited company. By using the website, you agree to these Terms. If you do not agree, you should stop using the website.

These Terms apply to the public website only. A confirmed reservation, private dining event or other hospitality service may also be governed by a written proposal, booking confirmation, cancellation policy, venue conditions or other agreement. Where a specific written agreement conflicts with these general website Terms, the specific agreement prevails to the extent of the inconsistency.

2. Contact

3. Website information

We aim to keep menus, availability descriptions, images, event capacities, opening information and other content accurate. Seasonal produce, supplier availability, operational requirements and event arrangements may change. Website content is therefore general information and not a binding offer unless expressly stated in a written confirmation.

Photographs are illustrative and presentation may vary. Prices, menus, service formats and inclusions may be updated. Before relying on important information, users should obtain current confirmation from the restaurant.

4. Permitted use

You may access and use the website for lawful personal or business inquiry purposes. You must not interfere with the operation or security of the website; attempt unauthorised access; introduce malware; scrape the website in a manner that creates unreasonable load; impersonate another person; submit false, abusive or unlawful material; or use content in a way that infringes intellectual property, privacy or other rights.

Automated access that is necessary for ordinary search indexing or accessibility tools is permitted where it respects technical controls and does not disrupt the service. We may restrict or block access that appears abusive, unlawful or harmful.

5. Inquiries and reservations

Submitting an inquiry does not create a reservation or contract. A booking is confirmed only when we provide an express confirmation and any required deposit, guarantee, acceptance or other condition has been satisfied. Users are responsible for providing complete and accurate contact details, requested dates, guest numbers, dietary requirements and event information.

The local inquiry form in this static website can validate and prepare information in the browser, but a successful on-screen message does not by itself mean that the restaurant has received or accepted a booking. Users should rely only on a direct confirmation from the restaurant.

6. Dietary and accessibility information

We take reasonable care when responding to disclosed allergies, intolerances, dietary preferences and accessibility requirements. A guest or organiser must provide clear, accurate and timely information. Kitchens handle multiple ingredients and, unless expressly confirmed otherwise, cannot guarantee an environment entirely free from traces of allergens.

Guests with severe allergies or urgent accessibility requirements should contact the restaurant before attendance and confirm arrangements again at the venue. We may be unable to accommodate a requirement where doing so would be unsafe, unlawful or operationally impracticable.

7. Events, deposits and cancellation

Private dining and event bookings may require a deposit, minimum spend, final guest count, menu selection and acceptance of event-specific terms. Applicable amounts, deadlines, cancellation charges and rescheduling rights will be stated in the relevant proposal or confirmation. Failure to meet a required deadline may result in release of the booking.

Where consumer guarantees or other mandatory rights apply, these Terms do not exclude them. Any cancellation fee will be applied consistently with the specific agreement, reasonably incurred costs and applicable law.

8. Intellectual property

The website design, text, menu descriptions, graphics, logos, photographs, code and other content are owned by or licensed to the operator and are protected by intellectual-property laws. You may view and print reasonable extracts for personal reference or a genuine booking inquiry.

You may not reproduce, publish, distribute, modify, commercially exploit, remove attribution from or create derivative works from substantial website content without prior written permission, except where law permits. Third-party names and marks remain the property of their respective owners.

9. User communications

When you submit an inquiry or other communication, you confirm that the information is accurate, lawful and does not infringe another person’s rights. You grant us permission to use the information to respond, assess availability, prepare services, maintain records and protect legal rights in accordance with the Privacy Policy.

You must not submit confidential information unrelated to the requested service, unlawful content, malicious code or material that is threatening, defamatory or discriminatory. We may disregard or retain evidence of abusive submissions where reasonably necessary for safety, security or legal purposes.

10. Availability and changes

We may change, suspend or discontinue any part of the website for maintenance, security, operational or legal reasons. We do not guarantee uninterrupted access or that every feature will be available on every browser or device. The site is designed to operate with local resources, but access may still depend on the user’s device, browser and network environment.

We may update these Terms and website content. Changes apply from publication unless a different date is stated. Changes do not retrospectively alter a confirmed contract unless the parties agree or law permits.

11. External links

Any link to an external website is provided for convenience and does not necessarily indicate endorsement. We do not control external services and are not responsible for their content, availability, security, terms or privacy practices. Users should make their own assessment before relying on an external service.

12. Disclaimers

To the extent permitted by law, the website is provided on an “as available” basis. We do not warrant that all content is error-free, complete or continuously current. Nothing on the website is legal, medical, nutritional or professional advice. Users remain responsible for decisions made on the basis of general website information.

Nothing in these Terms excludes, restricts or modifies a guarantee, right or remedy that cannot lawfully be excluded, including applicable rights under the Australian Consumer Law.

13. Liability

To the extent permitted by law, we are not liable for indirect, incidental, special or consequential loss arising solely from use of, or inability to use, the website. Where liability cannot be excluded but may be limited, it is limited to the maximum extent permitted by law.

Users are responsible for securing their own devices, maintaining backups and using current browser software. We are not responsible for loss caused by a user’s unlawful conduct, inaccurate information, failure to disclose relevant requirements or breach of these Terms.

14. Indemnity

To the extent permitted by law, you agree to compensate us for reasonable loss, liability and expense arising from your unlawful use of the website, infringement of another person’s rights, malicious submission or material breach of these Terms. This clause does not require a consumer to indemnify us for loss caused by our own negligence or breach of law.

15. Privacy

Personal information is handled in accordance with the Privacy Policy and Cookie Policy. Those documents explain the categories of information, purposes, legal bases, disclosures, retention, security and rights that may apply. The Privacy Policy forms part of the framework governing website interactions.

16. Governing law and disputes

These Terms are governed by the laws of Victoria, Australia, and applicable Commonwealth laws. Subject to any mandatory consumer forum or jurisdiction, the parties submit to the courts of Victoria and courts entitled to hear appeals from them.

Before commencing formal proceedings, the parties should attempt in good faith to resolve a dispute by written notice describing the issue and requested outcome. This does not prevent urgent relief, a regulatory complaint or exercise of a non-excludable consumer right.

17. General provisions

If a provision is invalid or unenforceable, it will be read down where possible and otherwise severed without affecting the remaining provisions. A failure to enforce a right is not a waiver. Rights and obligations may be assigned as part of a lawful business transfer, but a user may not transfer obligations without consent where consent is reasonably required.

These Terms, together with the Privacy Policy, Cookie Policy and any specific written booking agreement, constitute the relevant agreement concerning use of the website. Headings are for convenience and do not affect interpretation.