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These Terms & Conditions govern all bookings and services provided by Cup n Cone ("Cup n Cone", "we", "our", or "us"). By accepting a quotation, paying a booking fee, or engaging our services, the Client agrees to be bound by these Terms & Conditions.

1. Booking & Acceptance

1.1 A booking is confirmed only upon receipt of the required booking fee and written confirmation from Cup n Cone.

1.2 The Client confirms that all information provided relating to the event, including venue, guest numbers, service times and contact details, is accurate.

1.3 Any amendments to the booking after confirmation are subject to availability and will incur additional charges.

2. Our Services

2.1 Cup n Cone provides luxury mobile coffee and gelato cart services for private events, weddings, corporate functions and celebrations.

2.2 Coffee is supplied using freshly roasted beans sourced from our trusted Sydney roasting partner and collected fresh for each individual event.

2.3 Gelato is freshly handmade by Cup n Cone specifically for each booking.

2.4 Services include:

• Delivery to the confirmed venue

• Professional set up

• Professional service attendants

• Service of the selected menu items

• Pack down following completion of service

2.5 Service is provided for the agreed service duration only.

3. Free-Flow Service

3.1 Cup n Cone offers a free-flow service during the agreed service period.

3.2 Free-flow service refers to continuous service throughout the booked timeframe and does not constitute unlimited quantities of food or beverages.

3.3 Product quantities are carefully prepared based upon the confirmed guest numbers provided by the Client together with our operational service allowances.

3.4 Cup n Cone cannot guarantee that products will remain available for the entire service period if consumption exceeds anticipated serving quantities.

3.5 Cup n Cone shall not be liable or responsible where products are exhausted before the conclusion of the booked service period. Refunds for such will not be provided.

4. Guest Numbers

4.1 Final guest numbers must be confirmed by the date specified by Cup n Cone.

4.2 Product quantities are prepared using the confirmed guest count.

4.3 Increases in guest numbers after confirmation will not be accommodated.

5. Venue Requirements

5.1 The Client is responsible for ensuring the venue provides suitable access and operating conditions.

5.2 The Client agrees to provide:

• One accessible parking space for Cup n Cone staff and service vehicle throughout the duration of the booking.

• A safe loading and unloading area.

• A clear, unobstructed hard-surfaced pathway from the unloading area to the service location.

• A level, hard-surfaced service area suitable for operating the mobile cart.

5.3 Cup n Cone carts cannot be operated on unstable or unsuitable surfaces including but not limited to:

• Grass

• Sand

• Dirt

• Gravel

• Uneven ground

• Mud

5.4 If suitable access or operating conditions are unavailable, Cup n Cone reserves the right to refuse installation where the safety of staff, equipment or guests may be compromised.

5.5 Such circumstances shall not constitute grounds for refund.

6. Power & Water

6.1 The Client agrees to provide:

• One dedicated 240V power outlet located within reasonable distance of the cart.

• Access to a water source where reasonably available.

6.2 Where adequate power cannot be supplied, Cup n Cone reserves the right to suspend or cancel service without liability.

6.3 Power must not be on a shared circuit and must be individual power source. For example, the cart cannot be plugged into a shared powerboard.

7. Set Up & Pack Down

7.1 Cup n Cone requires between 30, 60 or 90 minutes to complete set up prior to service.

7.2 The required set up time will be advised upon confirmation of the booking.

7.3 Set up access times are mandatory and are not negotiable.

7.4 Delays caused by venue access restrictions or the Client may reduce the available service time and shall not extend the booked service period.

8. Menu, Packaging & Upgrades

8.1 Standard service includes the selected menu items as outlined within the quotation.

8.2 Available upgrades include, but are not limited to:

• Premium serving cups

• Premium waffle cones

• Personalised packaging

• Brand customisation

• Corporate branding

• Cart styling enhancements

• Event signage and decorative styling

8.3 Upgrade pricing is quoted separately.

9. Dietary Requirements & Allergens

9.1 Cup n Cone proudly caters to a wide range of dietary requirements wherever reasonably possible.

9.2 While every reasonable effort is made to minimise cross-contamination and maintain safe food handling practices, our products are prepared in environments that may handle common allergens.

9.3 Products may contain or come into contact with allergens including, but not limited to:

• Milk (Dairy)

• Eggs

• Gluten

• Wheat

• Tree Nuts

• Peanuts

• Soy

• Sesame

9.4 Accordingly:

• Cup n Cone cannot guarantee any product is completely free from allergens.

• Clients must advise all dietary requirements prior to the event.

• Individuals with severe allergies or anaphylaxis should exercise caution and consume products at their own risk.

• Cup n Cone accepts no liability for allergic reactions or medical incidents arising from undisclosed allergies or unavoidable cross-contamination.

10. Service Staff

10.1 Cup n Cone staff reserve the right to refuse service where guests display aggressive, abusive, intoxicated or unsafe behaviour.

10.2 The safety of our staff is paramount.

11. Damage

11.1 The Client accepts responsibility for any deliberate or negligent damage caused by guests to Cup n Cone equipment, carts or accessories during the booking.

11.2 Repair or replacement costs may be charged accordingly.

11.3 Bond will not be charged, however, clients are required to complete a Card Authorisation Form as part of their booking. The client will receive a formal notification of any repair or replacement costs which will be deducted from the card details supplied. 

11.4 Where the client provides false or inaccurate card details on the Card Authorisation Form and Cup n Cone cannot recover costs from damage, Cup n Cone will take legal action against the client.

12. Weather

12.1 Where services are conducted outdoors, the Client is responsible for providing suitable weather protection including adequate shelter.

12.2 Cup n Cone reserves the right to suspend or cancel service where weather conditions create a safety risk to staff, equipment or product.

12.3 Where a wet weather plan has not been factored and Cup n Cone services are suspended or cancelled, Cup n Cone is not liable to provide a partial or full refund to the client.

13. Force Majeure

13.1 Cup n Cone shall not be liable for any failure or delay in performing its obligations where such failure results from circumstances beyond our reasonable control including but not limited to severe weather, natural disasters, government restrictions, road closures, pandemics, supplier interruptions, power outages or other unforeseen events.

14. Takeaway Gelato Tubs

14.1 Cup n Cone offers freshly handmade takeaway gelato in 1.2 litre tubs, prepared fresh to order.

14.2 All takeaway gelato tubs are pick-up only. Delivery is not available.

14.3 Collection is from the Cup n Cone warehouse located at: Unit 4 / 9 Swaffham Road, Minto NSW 2566.

14.4 A minimum of seven (7) days' notice is required for all takeaway gelato orders. Orders placed with less notice are subject to availability and acceptance by Cup n Cone.

14.5 Full payment is required at the time of ordering. Production of your gelato will not commence until payment has been received and cleared.

14.6 As all gelato is freshly handmade to order, all takeaway tub sales are final. No cancellations, refunds, exchanges or credits will be provided once payment has been received, except where required under the Australian Consumer Law.

14.7 It is the Client's responsibility to collect their order at the agreed collection time. Cup n Cone is not responsible for any melting, deterioration or damage to the product once it has been collected.

14.8 Cup n Cone recommends transporting takeaway gelato in an insulated cooler or icebox to help maintain product quality during transit.

14.9 The Client is responsible for ensuring the product is stored appropriately after collection. For best quality, gelato should be kept frozen at approximately -18°C until ready to serve.

14.10 Cup n Cone reserves the right to refuse or cancel any takeaway order where production capacity has been reached or where circumstances beyond our reasonable control prevent fulfilment. In such circumstances, any payment received will be refunded in full.

15. Limitation of Liability

15.1 To the maximum extent permitted by Australian law:

• Cup n Cone's liability is limited to the amount paid for the booked service.

• Cup n Cone shall not be liable for indirect, consequential or incidental loss or damage.

• Nothing within these Terms excludes rights or guarantees that cannot lawfully be excluded under the Australian Consumer Law.

16. Governing Law

16.1 These Terms & Conditions are governed by the laws of New South Wales, Australia.

16.2 Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the Courts of New South Wales.

17. Feedback

17.1 Clients who wish to provide feedback, can do so via email here - cupncone2@gmail.com. 

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