Terms of Use for Customers
Introduction
Cookaborough Pty Ltd (“Cookaborough”, “we” or “us”) is a Melbourne-based company that operates a technology platform designed to:
take care of all the complicated, time-consuming tasks of running a Ready-Made Meals Food Business, by providing Food Businesses, with a unique, purpose-built, end-to-end software solution designed to help start, run, and grow their ready-made meals business; and
connect customers to Food Businesses, on the platform via the Find-a-cook directory feature.
For Customers
How it works
We provide the Platform to enable You, as a Customer, to purchase Meals from Food Businesses registered with Us.
Each Food Business determines what Meals they make available to Customers and advertise Menus through the Platform, and the terms at which those Meals will be offered. The Food Business will specify the relevant terms of a particular Menu and Offer including:
the Meals available for purchase;
the Meal Price of each Meal on the Menu;
the latest time and date by which a Customer can order from the Menu;
if the Offer is available for Delivery or Pick-Up;
the list of ingredients for each Meal on the Menu;
the relevant allergen information for each Meal on the Menu;
the preparation and storage instructions for each Meal on the Menu;
when a Meal will be ready for collection (if it is to be Picked-Up) and the location at which the Meal will be available collection by the You; and
the relevant Delivery Fee and Delivery Area if the Meal is to be Delivered.
When You order a Meal on the Platform, You are accepting the particular Offer from the Food Business and enter into a legally binding agreement for that Meal with the relevant Food Business (not with Us).
You will be able to communicate directly with the Food Business via the contact information available on the Platform in relation to the Meal or a Menu. You are able to make specific requests relating to the Meal via the Platform whilst the Menu is available for order and at the time of accepting the relevant Offer. Any such requests are requests only and the Food Business is not bound by them, but will use reasonable endeavours to accommodate the request, provided that the request is reasonable.
If circumstances change, You can cancel an order at any time before it is accepted by the Food Business. The point in time that an order is considered to be accepted by the Food Business and can no longer be cancelled is the published order deadline for the pickup or delivery window. A cancelled order will be refunded in full.
A Food Business is entitled to withdraw any Offer at any time before the Offer is accepted by a You. After an Offer has been accepted the Food Business must provide the Meal on the terms and conditions agreed with You, or refund the Meal Price (together with any Delivery Fee) to You.
Pick-Up and Delivery
If it is agreed between You and the Food Business that the Meal will be collected by Yourself (including by someone on your behalf), it is Your responsibility to attend the address for Pick-Up as specified by the Food Businesses, at the required time, to Pick-Up the Meal. If you are late by more than 15 minutes, then the Food Business may dispose of the Meal and You may forego the Meal Price that You paid, at the discretion of the Food Business.
When Picking Up a Meal, You agree to not damage the Food Businesses property, act courteously, respect the Food Businesses neighbours, and do not cause any adverse noise. When You collect a Meal, You are responsible for Your own safety, including but not limited to, to any injury or damage to Yourself or any property, such as tripping over or spilling food.
If it is agreed between You and the Food Business that the Meal will be delivered by the Food Business (or a Delivery Person), then the terms of the Offer will specify the timeframe in which you can expect the Meal and that if You are not present at the address nominated for Delivery when Delivery is attempted during the Delivery timeframe, you authorise the Food Business (or Delivery Person) to leave the meal unattended at the Customer’s risk.
If the Food Business does not make the relevant Meal available for Pick-Up or make Delivery as specified by the Offer, you may be entitled to a refund of the Meal Price paid.
Cookaborough is not liable to You for any failure in the performance of any of the Pick-Up or Delivery functions. To the extent permitted by law, Cookaborough accepts no responsibility for any claim with respect to the Delivery of a Meal, including where the Meal is not delivered, lost or the Delivery is delayed or where there is a failure by a Customer or Collector to Pick-Up a Meal at the agreed time.
Payment
The Meal Prices will be listed on the Menu on the Platform. Unless otherwise stated on the Platform, prices include GST. You will be required to pay the applicable Meal Price (and any applicable Delivery Fee) at the time required by the Platform.
If You have placed an order as a NDIS Participant or Support at Home Recipient and your Plan Manager or Care Provider (as applicable) does not make payment to the Food Business for which the order was made, You will be responsible in your sole capacity to pay the applicable Meal Price (and any applicable Delivery Fee) at the time required on the platform.
Acknowledgements
With respect to any Offer, You acknowledge and agree that Cookaborough does not prepare or take responsibility for any products or Meals prepared and packaged by the Food Business, and also takes no responsibility for the quality or freshness of the Meals.
The ingredients for a Meal are the typical ingredients for the dish, but the individual Food Business may use a different recipe and other ingredients not typically used. If You (or any other intended diner) have a potentially life threatening or serious food allergy (e.g. nuts or other allergenic ingredients) or strong dislike of any ingredient, then it is Your responsibility to advise the Food Business at the time of placing the order for a Meal/s on the Platform with details of all unacceptable ingredients to determine whether the Food Business is able to cater for Your needs. Cookaborough does not guarantee that any Meals sold by Food Business are free of allergen, nor do we guarantee the accuracy of the information provided by the Food Business pertaining to the ingredient list and allergens in a meal or product.
Where nutritional details are stated, those nutritional details are an estimate of typical figures only. Whilst Cookaborough uses its best endeavours to accurately estimate typical figures, actual figures may vary for the Meal that You ordered depending on the ingredients and method of preparation used by the Food Business, the portion size and any personalisation of the Meal requested by You. Portion size is variable and depends on the Food Business and any photograph/s is indicative only and is not a guarantee or representation of the quantity supplied or of the appearance of the Meal.
Conduct
In order to use the Platform, you are required to behave courteously and professionally in all communications and dealings with any Food Business even if the Food Business does not. If a Food Business acts inappropriately (including by engaging in violent, threatening or offensive behaviour) then You should first contact Your local police station and subsequently notify Us, preferably with a copy of the relevant police report. We may, but are not obliged to, revoke or suspend the registration of any such Food Business but are not liable in any way for the conduct of the Food Business.
Supply of Meals outside the Platform
If You arrange the supply of any food item from any Cook other than through the Platform then these Terms do not apply to that supply and We are not liable for the food item or the relevant Cook in any way.
Termination
We reserve the right, at any time, to terminate these Terms, and the Services at Our sole discretion. We will not be held liable for loss or damage arising from the exercising of these termination rights. However, any indemnities given by you for actions undertaken and events occuring prior to the termination of these Terms and any limitations on Our liability will survive such termination of these Terms.
General Terms
Personal information & Communication with Customers
From time to time, Cookaborough may use personal information to contact Customers to provide support and answer questions directed to Cookaborough by Customers. This includes proactively contacting Senior Australians within the Support at Home Program and NDIS Participants, who may require assistance with placing orders; management of their accounts and identification and selection of Food Businesses that meet their meal preferences.
Cookaborough may also use personal information to contact Customers to promote Cookaborough, different Food Businesses on Cookaborough and to advertise events, promotions and offers.
Cookaborough will only promote to Customers who have connected:
to a Food Business through the Find-a-Cook Directory;
directly with a Food Business but have not placed an order with that Food Business within three months after connecting, or
directly with a Food Business and placed at least one order but not within the last rolling three-month period, or
directly with a Food Business that has ceased operations
Cookaborough will not promote to Customers who have connected directly with a Food Business and who are active Customers, meaning they are placing orders at least once per rolling three-month period. The exception to this is where The Customer has connected with another Food Business on Cookaborough and is therefore not exclusively on your Customer list.
Cookaborough tracks and identifies which Customers have connected to a Food Business via the Find-a-Cook Directory and presents this information to the Food Business clearly in the Food Businesses Customer list.
In respect of Customer lists:
Cookaborough will not share Your Customer Information or Your List with other Food Businesses without your prior consent.
Cookaborough will not share the Customer Information on Your List with any third parties.
Please note that this does not prevent Customers interacting with another Food Business and thereby being included in that Food Business’s List in addition to your List.
When a Customer places an Order on the Platform or otherwise creates an account with Cookaborough personal information (including names, addresses, phone number, email) will be added to Cookaborough’s customer database and will also be added to the relevant Food Businesses customer database, and those Food Businesses will use Customer personal information in accordance with their own privacy policies (which may include use for marketing purposes in accordance with applicable law). If a Customer wishes to unsubscribe from either or both databases via the Platform, they may do so. A Customer unsubscribing from Cookaborough’s database will not result in their un-subscription from the Food Businesses database and vice versa.
Customers also consent to Us maintaining and publishing (including on the Platform) ratings, statistics, comments and photos by Customers, based on input by Food Businesses and data from Customer’s transactions via the Platform. By using the Platform the Customers acknowledge and agree that we rely on an automated system and that We have no obligation to control or vet the input from Food Businesses. To the extent permitted by law, We exclude any and all liability to the Customer (on any basis, including negligence) in relation to any such rating, statistic, comment or photo that We publish. If a Customer is dissatisfied with any comment or photo provided by a Food Business then You may request that We delete or amend it and outline the reasons for your request, but We reserve the right to make any final decision to delete or amend any rating, statistic, comment or photo.
From time to time, it may be necessary for us to request information from Customers, including where any complaint or dispute arises. If at any time We request any information about a Customer, or in relation to any Meal, then a Customer must provide it to the best of Your ability as soon as practical.
Governing Law
Your use of the Services, and any dispute arising out of Your use of the Services, is subject to the laws of Victoria, Australia. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected.
Indemnity
To the maximum extent permitted by law, You agree to indemnify and keep indemnified Cookaborough, its affiliated companies and their officers, employees, agents and contractors against all Losses incurred by those indemnified as a direct or indirect result of any negligence by:
Food Business in connection with any Meal, Food Business use of the Platform or any Services, any breach of these Terms by a Food Business or any claim by any Customer against those indemnified, in relation to any Meal where a Food Business have breached the relevant agreement; and
Customers in connection with any Meal, Customers use of the Platform or any Services, any breach of these Terms by a Customer or any claim by any Food Business against those indemnified, in relation to any Meal where the relevant Customer has breached its agreement to purchase a Meal from a Food Business.
Whilst Cookaborough requires its Food Business to maintain satisfy the Requirements, Customers acknowledge that other than the Requirements We do not undertake background checks on Food Businesses and agree that We are not obliged to do so.
Amendment
We reserve the right, at any time, to amend these Terms, and the Services at Our sole discretion. In the event that these Terms or the Services are amended by Us, We will notify you via the Platform and, if possible, by communication via email to your notified contact email address. Without limiting the operation of any other Terms herein, We will not be held liable for loss or damage arising from the exercising of these amendment rights.
Disclaimers
We only provide access to the Services and take no responsibility for any Meals provided through the use of the Services. We may not monitor or control the Services that are provided through the Platform. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any information or services provided by third parties via the Platform or endorse any opinions expressed via the Platform.
The Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, We disclaim any warranties, express, implied or statutory, that may be expressed or implied by law regarding the Services, including warranties of accuracy, merchantability, fitness for a particular purpose, and all responsibility for any loss, injury claim, damage of any kind whatsoever. We further disclaim any warranties regarding the security, reliability, timeliness, availability and performance of the Services. You understand and agree that You will be solely responsible for any damages to any computer system or any Loss of data that results from the use of the Services. We do not warrant that the Services are free of any form of harmful surreptitious code, virus or other contaminants. We do not accept any liability for any interference with, or damage to, Your computer systems, infrastructure, software or data occurring in connection with the Services.
We make no warranty regarding the ownership, continuation, suitability or fitness for use of third party intellectual property used in the Services. The Services or the Platform may contain links to other Websites. You acknowledge and agree that We have no responsibility for the Content or availability of the linked Websites and We do not specifically endorse any organisation, association or entity referred to or linked from the Platform.
You acknowledge that Your use of the Services is entirely at Your own discretion and risk and, to the maximum extent permitted by law, We expressly exclude all liability for any Loss, damage, expenses and costs incurred by You in accessing and using the Services, including but not limited to:
use of the Services for a purpose for which it is not intended;
the inability to obtain consistent, reliable and uninterrupted access to the Services;
damage or interference to any piece of hardware, software, equipment or device installed on or used in connection with Your use and access to the Services, or Your internet data that arises in connection to Your use of the Platform, its Content or any linked Website; and
any errors, omissions or inaccuracies contained in the Services.
Any allergen or dietary information provided in respect of a Meal is the sole responsibility of the Food Business. We make no warranty as to the currency, completeness, accuracy or reliability of any allergen information provided in respect of a Meal and do not accept any liability for any Loss suffered as a result of inaccurate or incomplete allergen information.
To the extent permitted by law, all liability of Ours is excluded in respect of any indirect or consequential Loss suffered or incurred by You, in relation to any Meal, the Platform or any Services, any delay or failure in providing any of them, or otherwise under or in connection with these Terms, and in any event (including where amounting to a direct loss) for any lost profits or goodwill.
To the maximum extent permitted by law, if any warranties or conditions are implied or imposed by law and cannot be excluded, Our liability for any breach of those warranties or conditions are limited, at Our option:
in the case of goods:
the replacement of the goods or supply of equivalent goods; or
the payment of the costs of replacing the goods or equivalent goods.
in the case of services:
the supply of the services again; or
the payment of cost of the supply of the services again.
We make no representation or warranty (express or implied) as to the currency, completeness, accuracy, reliability, suitability, availability or relevance of any information provided by Us to You in relation to, or as part of the Services. You must exercise Your own judgement with respect to Your use of the Services and You should carefully evaluate the currency, completeness, accuracy, reliability, suitability, availability or relevance of the available information.
We do not warrant that You will have continuous and uninterrupted access to the Platform or that the Services will conform to any particular service levels or performance specifications.
Definitions
In these Terms of Use:
Catering Menu means Menu offerings specifically for the purpose of catering.
Care Provider means a nominated care provider of a Support at Home Recipient.
Collector in relation to a Customer means the Customer or another person who collects or Picks-Up the relevant Meal for the Customer. For the avoidance of doubt a Delivery Person is not a Collector.
Content means all information, data, documents, pictures, graphics, video, audio, text or other Content, in each case in any form and for the avoidance of doubt includes any recipes, photographs, prices, comments, reviews or feedback.
Cookaborough, We or Us refers to Cookaborough Pty Ltd (ACN 628 305 751), and Our has the corresponding meaning.
Cookaborough IP means all intellectual property rights comprised in or utilised in the provision of the Services, the Platform, the Cookaborough Material or any other material supplied to you by Cookaborough including (without limitation) text, graphics, branding, trade marks, information, architecture and coding (including any copyright subsisting in them).
Cookaborough Material means any resource material and information which has been supplied by Cookaborough.
Customer means a person who has successfully registered with us as a Customer and has not had their registration suspended or revoked.
Customer Information the following information relating to Customers who have either purchased Meals from You via the Platform, or have been referred to the Platform by You:
full name;
email address;
mobile and/or telephone number;
delivery address (if delivery has been selected);
order history (number of orders/value of orders);
the date the Customer joined the Platform; and
the Customer’s referral source, which identifies how the Customer was referred to the Platform (such as via Your Unique QR Code, Your Unique Sign-up Link, social media, email invites, internet searches, Cookaborough channels etc).
Delivery means delivery performed by You or arranged by You of the relevant Meal, to the relevant Delivery location.
Delivery Fee in relation to a Delivery means the fee chargeable for the Delivery, as indicated in the relevant Offer.
Delivery Person means a person who Delivers a Meal on behalf of a Cook.
Dispute Fee means the described as such in the Customer Dispute Terms.
Fee means a fee set out in these Terms.
Food Laws means all laws, regulations, standards, codes, orders and directions (including those issued by any governmental authority) applicable in relation to Your preparation and sale of Meals. In Victoria that includes the Food Act 1984 (Vic), all regulations issued under it, the applicable parts of the Australia New Zealand Food Standards Code and any direction or guidelines from an authority or local council.
Food Business means any business engaged in providing prepared and packaged food, whether as an additional offering for an established food business (such as a restaurant) or as a home kitchen or other business which has successfully registered with us as a Food Business or Cook and has not had their registration suspended or revoked;
Food Premises means the location (which may be part of a dwelling) indicated in Your registration with Us as a Cook in which You will store ingredients for, prepare and sell any Meals.
GST means any tax imposed under the A New Tax System (Goods and Services) Tax 1999 (Cth) or any legislation that substantially replaces that legislation.
Support at Home Recipient means a Customer using the Services as an eligible participant of a Support at Home.
Hot Meal means a Meal offered as pre-Cooked and ready-to-eat.
Insolvency Event means:
the appointment of a voluntary administrator under Part 5.3A of the Corporations Act;
an application is made to a court for an order (and such application is not withdrawn or dismissed within 7 days), or an order is made, that the corporation be wound up;
an application is made to a court for an order appointing a liquidator or provisional liquidator in respect of the corporation (and such application is not withdrawn within 7 days), or one of them is appointed, whether or not under an order;
a meeting is convened or a resolution is passed to appoint an official manager in respect of that corporation;
the corporation enters into, or resolves to enter into, a scheme of arrangement or composition with, or assignment for the benefit of, all or any class of its creditors, or it proposes a reorganisation moratorium or other administration or arrangement involving any of them;
a resolution is passed to wind up or dissolve that corporation;
any of the events mentioned in section 459C(2) of the Corporations Act occurs in respect of the corporation;
the appointment of a receiver, manager or receiver and manager of the whole or part of the assets and undertaking of the corporation; or
in relation to a trust, when a resolution is passed or an order made or other action taken for the winding up of the relevant trust,
or anything analogous or having a substantially similar effect to any of the events specified above happens under the law of any applicable jurisdiction.
List means in respect of any Food Business a database containing the Customer Information of each Customer that has:
ordered a Meal from You via the Platform;
has connected to the Platform via Your Unique QR Code; or
has connected to the Platform using Your Unique Sign-up Link.
Plan Manager a nominated plan manager of a NDIS Participant.
NDIS Participant means a Customer using the Services as an eligible participant of the National Disability Insurance Scheme.
Find-a-Cook Directory refers to the functionality of the Platform that allows promotion of Food Businesses and cross-referral of Customers to different Food Businesses, together with a program of promotional efforts undertaken by Cookaborough;
Meal means the food described in the relevant food description provided via the Platform in connection with the relevant Menu and Offer, and Meals has the corresponding meaning.
Meal Price means the price (as stated in the relevant Offer) payable by the Customer to the Cook for the relevant Meal.
Menu means batch of one or more Meals prepared by a Cook.
Loss means any loss, damage, cost, interest, expense, fee, penalty, fine, forfeiture, assessment, demand, action, suit, claim, proceeding, cause of action, liability or damages incurred by a person, and includes legal costs on an indemnity basis and indirect or consequential losses.
Offer means an offer made via the Platform by a Cook to:
prepare and provide a Meal/s to a Customer via a Menu;
the specifications of the Meal/s; and
the terms and conditions of the Menu (including price, Delivery/Pick-Up details, allergen information and the time for which the Menu is open for acceptance).
Pick-Up in relation to an Offer, means where the Customer picks up the Meal from the Cook, as the alternative to the Meal being delivered, and Pick-Up and Picked-Up have the corresponding meaning.
Platform means a technology platform operated by Cookaborough that enables Food Businesses, via Cookaborough’s mobile applications or Websites provided as part of the Services, to make Offers to sell Meals and to allow Customers to buy them. The Platform also allows communications to be sent between Food Businesses and Customers and Cookaborough and Customers.
Privacy Policy means Our privacy policy, as applicable from time to time. At any given time You can obtain a copy on our Website of the version applicable at that time.
Recipe or Recipe Information means a set of instructions for preparing a particular meal or food item, including a list of the ingredients required.
Requirements means, in respect of a Cook, a current Food Handing Certificate and ongoing compliance with the relevant municipal council’s home-based food business regulations.
Services means all the services that We agree to provide, or in fact provide, to You under or in connection with these Terms, including the provision of access to the Platform and its functionality and, where available, any assistance or advice regarding compliance with Food Laws.
Stripe Connect means the payments platform known as such provided by Stripe Payments Australia Pty Ltd (ABN 66 160 180 343);
Terms means these Terms of Use.
Unacceptable Content means any Content that:
is racist, hateful, violent, defamatory, harassing, abusive, threatening, malicious, inflammatory or otherwise objectionable;
is pornographic, sexually explicit, obscene or excessively profane;
is unlawful or encourages unlawful conduct;
is fraudulent, false, misleading or deceptive;
infringes, or encourages the infringement of, a third party's rights, including intellectual property, confidentiality or privacy rights;
contains any virus;
amounts to commercial advertising of any other Website, product or service; or
contains any link to any Website that includes any of the above types of Content.
Unique QR Code means a QR code directed to a URL for the Platform which is unique to a particular Food Business;
Unique Sign-Up Link means a URL for the Platform which is unique to a particular Food Business;
Voucher means a redeemable receipt purchased by a Customer from the Platform, which can be used to purchase Meals from any participating Food Businesses and pay for any additional Services (as applicable).
You and Your refers to:
a person who uses the Services as a Food Business; or
a person who uses the Services as a Customer,
(as applicable)
Your IP means all copyright and other intellectual property rights owned by You existing before the date of these Terms and created by You in the provision of the Services, including Content that You post on the Platform, and any other material supplied by You including (without limitation) text, graphics, branding, trade marks, information, recipes and photography (including any copyright subsisting in them);
Website means any internet connected document or site.
Privacy Statement
This document (in conjunction with Cookaborough's Privacy Policy) describes how Cookaborough and its contractors collect, use, disclose and store Your personal information when You use or access the Services. Cookaborough will only collect and store personal information that relates to the provision of the Services.
We may collect Your name and Your email address. We will collect this personal information when You create a log on profile on the Platform. We may also use your IP address to verify You are accessing the Services from within Australia and collect other personal information for the purposes of identification and support.
We collect, use and disclose your personal information for the purpose of providing the Services, conducting our business, communicating with You, matching service data with Customers, the compilation and analysis of statistics, and complying with our legal obligations.
Cookaborough will also share relevant information with contractors that perform our services or dispose of our documents. We do not transfer Your personal information to anyone outside Australia.
For further information on Cookaborough’s general Privacy Policy please see here.