Terms of Use for Food Businesses
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 Food Businesses
We provide the Platform to enable You, as a Food Business, to sell Meals to Customers.
Offering Menus and Meals
Food Businesses offer Meals for purchase by Customers by creating, scheduling, and publishing a Menu via the Platform. The Meals offered in the Food Business’s Menu are at the discretion of the Food Business. The Menu must include the relevant details of the Offer including:
The name of each Menu item as determined by the Food Business
The full list of ingredients of each Menu item as determined by the Food Business
Complete and accurate allergen information for each Meal forming part of the Menu based on inputs (ingredients) by the Food Business.
The size & price of each Menu item as determined by the Food Business
Instructions relating to Meal preparation and storage as determined by the Food Business
Pick-Up / Delivery details (including any Delivery Fee) as determined by the Food Business
Customers can then choose which Meals from the Menu they would like to purchase and place an Order with the Food Business via the Platform.
Food Businesses can have one or more active Menus at any time on the Platform, but there is no guarantee that any Offer will be accepted by Customers. It is important to note that by making an Offer on the Platform You acknowledge that You (in Your own right, not on Our behalf) are offering to enter into a legally binding agreement with any Customer who accepts the Offer (in whole or in part) via the Platform.
If circumstances change You can withdraw any Offer at any time before the Offer is accepted by a Customer. After an Offer has been accepted You must provide the Meal on the terms and conditions agreed with the Customer otherwise You will have to refund the Meal Price (together with any Delivery Fee) to the Customer.
A Customer is also entitled to withdraw (cancel) their Order at any time up until the order deadline has been reached. A cancellation of an Order will automatically trigger a refund of the Meal Price (together with any Delivery Fee) to the Customer.
Pick-Up and Delivery
If it is agreed between You and a Customer that a Meal will be collected by the Customer (including by a representative of the Customer), it is Your responsibility to specify the Pick-Up location in the Offer in sufficient detail (and with any relevant instructions) to make it easy for a person not familiar with the relevant address or building to collect the Meal.
When You agree with a Customer that a Meal will be delivered (either by You or a Delivery Person), you have a responsibility to ensure that Delivery is performed in accordance with the instructions provided at the time of purchase.
It is Your responsibility to ensure that that the Meal is delivered within the stipulated window of time. When delivering a Meal, You agree to not damage the Customer’s property, act courteously, respect the Customer’s neighbours, and do not cause any excessive noise. You are also 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 a Meal is not delivered within the stipulated window of time, You may be required to provide a full refund to the Customer of the relevant Meal Price.
To the extent permitted by law, Cookaborough takes no responsibility and is not liable for any claim with respect to the failure by a Customer or Collector to Pick-Up a Meal nor for any claim with respect to the Delivery of a Meal, including where the Meal is lost or the Delivery is delayed.
Meals must be delivered or presented for Pick-Up in appropriate packaging, as determined by you, the Food Business adhering to food handling safety laws within your specific jurisdiction. It is Your responsibility to ensure that Meals offered by You are prepared in appropriate packaging and Cookaborough will not be liable for any loss or damage caused because of inappropriate packaging.
Payment Gateway
You acknowledge that payments of the Meal Price and Delivery Fees and any additional Service Fees paid via a credit card will be processed via Stripe Connect, and You will be required to establish and link Your account through Stripe Connect during the onboarding process, including authorising Stripe Connect to forward payments directly to You and Cookaborough as per these Terms. You are responsible for maintaining your Stripe Connect account at all times.
You are required to authorise Stripe Connect to deduct all Fees from amounts collected on your behalf and pay such Fees directly to Cookaborough.
Use of Gift Cards by a Food Business
A Food Business may elect to use and accept payment from Customers in the form of Gift Cards.
To purchase a Gift Card, the Customer will make payment to Us for the upfront value of the Voucher. We will hold this amount and release it to You as the Customer uses the Voucher to purchase Meals via the Platform. For the avoidance of doubt, We will only make payment to You upon a transaction for a Meal being concluded with the Customer.
If You cease trading on Cookaborough, You irrevocably instruct Us to use the remaining Voucher balance as funds to reimburse the Customer.
Intellectual Property specific to Recipes
All of Your Recipe IP is owned by You. Nothing in these terms allows Cookaborough to use, share, copy any Recipe information entered into the Platform without your consent.
We agree to make the Recipe Information available to You, which You will be entitled to download from the Platform at any point in time.
We also agree to provide Your Recipe Information to You when you terminate these terms or otherwise cease to use the Services as a Food Business.
Fees
Cookaborough has a Schedule of Fees detailing the commission charged on orders made through the Platform. Use of the Platform constitutes acceptance of the Schedule of Fees by the Food Business.
Customer Payment Disputes
Where a Customer disputes a payment made through Cookaborough, Stripe will immediately:
issue a notice of dispute to Cookaborough; and
place a hold on the amount disputed with Cookaborough; and
charge a non-fundable $25.00 dispute Fee (Dispute Fee) to Cookaborough; and
charge a refundable $25.00 counter-dispute fee (Counter Dispute Fee) to Cookaborough if the dispute is challenged.
Cookaborough takes financial responsibility for disputed transactions. Upon receipt of a Dispute notice from Stripe, Cookaborough will provide notice to the Food Business and request any available information relating to the disputed order to be able to determine if the dispute should be challenged.
Where the dispute is upheld in favour of the Customer due to issues outside the control of the Food Business (i.e. fraudulent credit card activity), the Customer will receive a refund of the disputed amount from Cookaborough and not from the Food Business. If the dispute is upheld in favour of the Customer due to issues within the control of the Food Business (i.e. Unsatisfactory service, failure to fulfil an order as per the terms of the Offer), the Customer will receive a refund of the disputed amount from Cookaborough and Cookaborough will charge the Food Businesses the corresponding amount, plus the Dispute Fee or Counter Dispute Fee (if applicable).
GST Obligations
You are responsible for determining whether GST is to be included in the Meal Price of each individual meal. You may make this determination and update your settings accordingly at any time via the relevant Recipe.
Cookaborough has prepared a GST Guide which contains useful information that a Food Business may need in making a determination as to whether an item includes GST.
The GST Guide is not intended to be comprehensive, nor does it constitute legal advice. The information provided is current as at the date of publication only. Food Businesses are encouraged to seek professional advice before acting on the information provided in that document.
Find-a-Cook Directory
Cookaborough operates the Find-a-Cook Directory to promote the Food Businesses operating through the Platform. Participation in the Find-a-Cook Directory is voluntary, and You can opt-in to the Find-a-Cook Directory through your Settings on your account dashboard.
Food Businesses that opt-in to the Find-a-Cook Directory will be discoverable by people visiting the Find-a-Cook Directory and may be featured in promotions undertaken by Cookaborough. Orders made by Customers that have connected with a Food Business via the Find-a-Cook Directory will incur an additional fee as detailed in the Cookaborough Fee Schedule.
Cookaborough reserves the right to remove any Food Business from the Find-a-Cook Directory at its discretion. Cookaborough will provide the Food Business with written notice via email of their removal, with an explanation of the reason for the removal and the required actions from the Food Business for reinstatement on the Find-a-Cook Directory.
Compliance with law and accurate ingredient & allergen details
To use the Platform as a Food Business, You must comply with all relevant Food Laws at all times.
The Platform sets out the compliance requirements of a Food Business including uploading the following documents to the Platform:
Food Business Registration/Kitchen Registration Certificate;
Food Safety Supervisor Certificate;
Workers Compensation Certificate of Currency (where applicable);
Public Liability Insurance Certificate of Currency for coverage of at least $10,000,000.
You are further required to complete a Declaration on the Platform that details you are continuing to meet Your compliance requirements. That Declaration includes, but is not limited to the following:
confirming Your Food Business Registration certificate is for the kitchen that Meals available for purchase through Cookaborough are prepared in;
confirming that all people in the Food Business who are handling food have had the required level of food safety training;
confirming that all Meals have complete and accurate ingredients lists submitted with allergens correctly identified;
If You “opt in” to provide Meals to Senior Australians within the Support at Home Program and NDIS Participants, We require that You complete an additional Declaration acknowledging your compliance with the requirements specific to providing meals to these customers.
Cookaborough requires Food Businesses to complete the above compliance requirements upon registration for an account and prior to publishing a Menu; as well as ensuring they maintain continual compliance 100% of the time. In addition, on an annual basis Cookaborough requires Food Businesses to complete a declaration acknowledging their legal obligations and compliance with Cookaborough’s requirements.
Failure to complete the compliance requirements, within the timeframe specified by Cookaborough will result in the automatic pause being placed over that account, which will prevent the Food Business from operating until the compliance requirements are met.
You must notify the relevant local council of the operation of a food business activity at your Food Premises before providing any Meal to a Customer and must notify the local council of any proposed change in those details before the change occurs. You must also meet and/or facilitate any ongoing council requirements for preparing Meals at your Food Premises such as periodic inspections. While preparing Meals, You must handle all food or ingredients in accordance with all Food Laws.
You acknowledge that you are responsible for entering accurate and complete ingredient lists to accompany your Menus on the Platform and for ensuring all allergens have been accurately identified and listed.
Cookaborough’s platform will automatically identify allergens associated with an ingredient, however it is the sole responsibility of the Food Businesses to review and confirm the allergens are complete and accurate. Where an allergen is not being automatically identified it is a requirement of the Food Business to add the allergen to the recipe, to enable it to be presented to Customers.
Where a Food Business omits an ingredient or fails to list an allergen, intent to omit the ingredient or allergen is not required to establish liability of the Food Business for failure to provide accurate and complete ingredient and allergen lists.
Conduct
In all communications and dealings with any Customer (whether in person, by phone, via the Platform or otherwise) You must behave courteously and professionally, even if the Customer does not. If a Customer 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 Customer but are not liable in any way for the conduct of the Customer.
Cookaborough reserves the right to remove a Food Business from operating on the Platform at any time entirely at its sole discretion. If Cookaborough intends to remove a Food Business from the Platform, Cookaborough will notify the Food Business in writing and via phone immediately to advise of the action and to detail the reasons for the removal.
Reasons for removal of a Food Business by Cookaborough may include (but are not limited to) receipt of Customer complaints, potential non-compliance issues, non-response or inadequate response to requests for actions to demonstrate Compliance or any matter that has the potential to damage Cookaborough’s reputation. This is not an exhaustive list and Cookaborough will review each matter on a case-by-case basis.
Accurate and acceptable Content
All Content that You post on the Platform or provide to Us or any Customer, in connection with any Meal, Menu, the Platform or any Services must be accurate and not misleading and must not include any Unacceptable Content. We have no obligation to monitor, vet or correct any Content you post or provide but have the right to do so for any reasonable reason. You agree that We are not obliged to publish any such Content and may delete or edit it as We see fit.
Contractual relationship
You acknowledge that it is You (as a Food Business), and not Cookaborough, that sells your Meals to Customers. Cookaborough is merely a facilitator of the sale/Offer and is not responsible for the preparation or supply of any Meal. When a Customer accepts an offer to purchase a Meal, that is a further separate contract which applies between You and the relevant Customer for that Meal and as such We are not a party to that contract or bound by it.
In making Offers, and preparing and supplying Meals, Food Businesses are not employees, agents or subcontractors of Cookaborough. You agree that Cookaborough is not responsible or liable for any breach, act, omission or negligence of any Customer. Notwithstanding any of the above for the proper functioning of the Service provided through the Platform, We impose certain obligations on Food Businesses and Customers, as provided in these Terms. You agree that as a Food Business You will be working for yourself, and not as Our employee, agent or subcontractor, and You are free to work whenever you see fit and You may choose which Meals (if any) to offer and the price at which You offer them.
Event of Insolvency
A Food Business, whether a corporation or a sole trader is required to notify Cookaborough as soon as reasonably practicable upon entering an Event of Insolvency.
Where a Food Business provides notice of, or We otherwise become aware of, an Event of Insolvency, Food Businesses agree that Cookaborough is authorised to place a hold on the Food Business’ Stripe Account, which will prevent any further funds from Customers being transferred to the Food Business’ account.
The funds will be held by Cookaborough to offset any unresolved payments, including Dispute Fees if and when they arise.
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 occurring 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.
Intellectual Property. Copyright, trademarks and Licence rights
All Cookaborough Intellectual Property (IP) is owned by Us or licensed to Us. All of Your IP is owned by You or licensed by You.
Neither these Terms nor Your use of the Services or any aspect of the Cookaborough IP convey or grant to You any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Cookaborough’s company names, logos, product and service names, trademarks or services marks or those of Cookaborough’s licensors. You may not modify, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Cookaborough IP in whole or in part without Our prior written permission.
You hereby grant Us (and warrant that You have the right and authority to grant Us) a non-exclusive, irrevocable, transferable licence to copy, use, modify, sublicense, adapt and otherwise utilise Your IP for the purposes of supplying you with the Services, promoting your Food Business on the Platform (including in the Find-a-Cook Directory, to the extent that You have opted-in to the Find-a-Cook Directory), promoting the Platform and any other purpose specified in these Terms for the duration of your use of the Services.
Our use of any aspect of Your IP does not convey or grant to Us any rights in or related to Your IP except for the limited license granted above. We may not modify, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, any of Your IP in whole or in part without Your other than in accordance with the limited licence stated above or otherwise with your prior written permission.
We agree to make the Customer Information available to You, which You will be entitled to download from the Platform at any point in time.
We also agree to provide the Customer Information to You when you terminate these terms or otherwise cease to use the Services as a Food Business.
Please note that Cookaborough will also retain a copy of the Customer Information for its internal purposes and is entitled to utilise that Customer Information for its own purposes.
All of Your Recipe IP is owned by You. Nothing in these Terms grants Us any rights to use, share, copy any Recipe information entered into the Platform without your consent.
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.
Gift Card 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).
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;
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.