Cookaborough Terms of use
Introduction
Cookaborough Pty Ltd (“Cookaborough”, “we” or “us”) is a Melbourne-based company started by two
local families that operates a technology platform designed to connect home cooks and You, the
Customer, to provide You with access to wholesome, affordable home cooked meals made and
provided by Cooks in your neighbourhood.
How it works
We provide the Platform to enable You, as a Customer, to purchase Meals from Cooks registered with Us.
Each Cook 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 Cook will specify the relevant
terms of a particular Menu and Offer including:
● the Meals available for purchase;
● the Meal Price of each Meal forming 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;
● whether Meals on the Menu are offered as Hot Meals or Cold Meals;
● the relevant allergen information 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 Cook and
enter into a legally binding agreement for that Meal with the relevant Cook (not with Us).
You will be able to communicate directly with the Cook 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 Cook is not bound by them, but will use
reasonable endeavours to accommodate the request, provided that the request is reasonable.
Pick-Up and Delivery
If it is agreed between You and a Cook 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 Cook, at the required time, to Pick-Up the Meal. If you are late by more than 15 minutes, then the
Cook may dispose of the Meal and You may forego the Meal Price that You paid, at the discretion of
the Cook.
someone on your behalf), it is Your responsibility to attend the address for Pick-Up as specified by the Cook, at the required time, to Pick-Up the Meal. If you are late by more than 15 minutes, then the
Cook may dispose of the Meal and You may forego the Meal Price that You paid, at the discretion of
the Cook.
When Picking-Up a Meal, You agree to not damage the Cook’s property, act courteously, respect the
Cook’s 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.
Cook’s 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 a Cook that the Meal will be delivered by the Cook (or a Delivery
Person), then the terms of the Offer will specify the time-frame 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 time-frame, you authorise the Cook (or Delivery Person) to leave the meal unattended at
the Customer’s risk.
If the Cook 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 when advertised 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.
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.
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 Cooks, 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 Cook 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 Cook at the time of placing the order for a Meal/s on the Platform with details of all unacceptable ingredients to determine whether the Cook is able to cater for Your needs.
Cookaborough does not guarantee that any Meals sold by Cooks are free of allergens.
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 Cook, the portion size and any personalisation of the Meal requested by You. Portion size is variable and depends on the Cook 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.
Cookaborough does not guarantee that any Meals sold by Cooks are free of allergens.
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 Cook, the portion size and any personalisation of the Meal requested by You. Portion size is variable and depends on the Cook 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 Cook even if the Cook does not. If a Cook 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 Cook but are
not liable in any way for the conduct of the Cook.
communications and dealings with any Cook even if the Cook does not. If a Cook 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 Cook but are
not liable in any way for the conduct of the Cook.
All Content that You post on the Platform or provide to Us or any Cook, in connection with any Meal,
Menu, Offer, 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 reason. You hereby grant Us (and warrant that You have
the right and authority to grant Us) a non-exclusive, irrevocable, perpetual, transferable licence to
copy, use, modify, sublicense, adapt and otherwise exploit in any way, and for any purpose, all
Content that You post on the Platform or otherwise provide to Us, including any photos or videos, and any feedback You provide regarding Us or any Cook. You agree that We are not obliged to publish any such Content and may delete or edit it as We see fit.
Menu, Offer, 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 reason. You hereby grant Us (and warrant that You have
the right and authority to grant Us) a non-exclusive, irrevocable, perpetual, transferable licence to
copy, use, modify, sublicense, adapt and otherwise exploit in any way, and for any purpose, all
Content that You post on the Platform or otherwise provide to Us, including any photos or videos, and any feedback You provide regarding Us or any Cook. You agree that We are not obliged to publish any such Content and may delete or edit it as We see fit.
Personal Information
You consent to Us providing Your personal information to others as described in Our Privacy Policy
and Our other practices described in the Privacy Policy.
From time to time, Cookaborough may use your personal information to contact You to promote ‘at
home meals’, the benefits of having a local cook and spotlight different Cooks, meals, events,
promotions and offers
When you place an Order on the Platform your personal information (including your name, address,
phone number, email and other personal data) will be added to Cookaborough’s customer database
and will also be added to the relevant Cook’s customer database. If you wish to unsubscribe from
either or both databases via the Platform. Please note that unsubscribing from Cookaborough’s
database will not result in your un-subscription from the Cooks database and vice versa.
You also consent to Us maintaining and publishing (including on the Platform) ratings, statistics,
comments and photos about You, based on input by Cooks and data from Your transactions via the
Platform. You agree that Our system for doing that may be automated and that We are not obliged to
control or vet the input from Cooks. To the extent permitted by law, We exclude any and all liability to
You (on any basis, including negligence) in relation to any such rating, statistic, comment or photo
that We publish. If You are dissatisfied with any comment or photo provided by a Cook then You may
request that We delete or amend it and We will consider that request in good faith.
From time to time, it may be necessary for us to request information from You, including where any
complaint or dispute arises. If at any time We request any information about You, or in relation to any
Meal, then You must provide it to the best of Your ability as soon as practical.
and Our other practices described in the Privacy Policy.
From time to time, Cookaborough may use your personal information to contact You to promote ‘at
home meals’, the benefits of having a local cook and spotlight different Cooks, meals, events,
promotions and offers
When you place an Order on the Platform your personal information (including your name, address,
phone number, email and other personal data) will be added to Cookaborough’s customer database
and will also be added to the relevant Cook’s customer database. If you wish to unsubscribe from
either or both databases via the Platform. Please note that unsubscribing from Cookaborough’s
database will not result in your un-subscription from the Cooks database and vice versa.
You also consent to Us maintaining and publishing (including on the Platform) ratings, statistics,
comments and photos about You, based on input by Cooks and data from Your transactions via the
Platform. You agree that Our system for doing that may be automated and that We are not obliged to
control or vet the input from Cooks. To the extent permitted by law, We exclude any and all liability to
You (on any basis, including negligence) in relation to any such rating, statistic, comment or photo
that We publish. If You are dissatisfied with any comment or photo provided by a Cook then You may
request that We delete or amend it and We will consider that request in good faith.
From time to time, it may be necessary for us to request information from You, including where any
complaint or dispute arises. If at any time We request any information about You, or in relation to any
Meal, then You must provide it to the best of Your ability as soon as practical.
Copyright, trademarks and Licence rights
All Cookaborough IP is owned by Us or licensed to Us. 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.
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.
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 You in
connection with any Meal, Your use of the Platform or any Services, any breach of these Terms by You
or any claim by any Cook against those indemnified, in relation to any Meal where You are the
relevant Customer and have breached the your agreement to purchase a Meal from a Cook.
Whilst Cookaborough requires its Cooks to maintain satisfy the Requirements , You acknowledge that
other than the Requirements We do not undertake background checks on Cooks and agree that We
are not obliged to do so. Cookaborough may also in its discretion undertake taste checks, kitchen
inspections, and police checks in respect of Cooks and their food-preparation premises.
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.
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 termination rights and any indemnities given by you and
limitations on Our liability will survive such termination.
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.
Disclaimers
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(f) 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:
(i) use of the Services for a purpose for which it is not intended;
(ii) the inability to obtain consistent, reliable and uninterrupted access to the
Services;
(iii) 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
(iv) any errors, omissions or inaccuracies contained in the Services.
(g) Any allergen, nutritional or dietary information provided in respect of a Meal is the sole
responsibility of the Cook. 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.
(h) 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:
(i) in the case of goods:
(A) the replacement of the goods or supply of equivalent goods; or
(B) the payment of the costs of replacing the goods or equivalent goods.
(ii) in the case of services:
(A) the supply of the services again; or
(B) the payment of cost of the supply of the services again.
Definitions
In these Terms of Use:
● Cold Meal means a Meal offered as fresh (uncooked) or frozen.
● 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.
● Cook means a person who has successfully registered with us as a cook and has not had their
registration suspended or revoked, and Cooks has the corresponding meaning.
● 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);
● Customer means a person who has successfully registered with us as a Customer and has not had
their registration suspended or revoked.
● Delivery means delivery performed by a Cook or arranged by a Cook 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.
● 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.
● Hot Meal means a Meal offered as pre-cooked and ready-to-eat.
● Meal means the food described in the relevant food description provided via the Platform in
connection with the relevant 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 that are available for purchase by
Customers in any given period.
● 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 provide a Meal, specifying the terms of
the Offer.
● Offer Terms, in relation to an Offer, means the terms specified by a Cook via the Platform.
● 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 has the corresponding
meaning.
● Platform means the website, application and any other technology that We provide for You to
use.
● 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.
● 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 the Platform and its functionality.
● Terms means these Terms of Use.
● Unacceptable Content means any Content that:
(a) is racist, hateful, violent, defamatory, harassing, abusive, threatening, malicious,
inflammatory or otherwise objectionable;
(b) is pornographic, sexually explicit, obscene or excessively profane;
(c) is unlawful or encourages unlawful conduct;
(d) is fraudulent, false, misleading or deceptive;
(e) infringes, or encourages the infringement of, a third party's rights, including intellectual
property, confidentiality or privacy rights;
(f) contains any virus;
(g) amounts to commercial advertising of any other website, product or service; or
(h) contains any link to any website that includes any of the above types of content.
● You and Your refers to a person who uses the Services as a Customer.
Cookaborough – Privacy Statement (Customers)
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
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