Cookaborough Pty Ltd (“Cookaborough”) is a Melbourne-based company that operates a technology platform designed to take care of all the complicated, time-consuming tasks of running a Food Business, by providing You, the Food Business or Cook, with a software solution designed to help you start, run and grow your ready-made meals business and serve your customers. At Cookaborough, we believe that a Ready-made meals business operating under a batch model is a smart and efficient way to operate a stand-alone food business or adjacently to an existing food business, it is more than an income, it's about connecting with your community, sharing your passion for food and giving people access to wholesome, affordable meals.
Offering Menus and Meals
Cooks 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 and the Menu can be made up of one or more Meals (i.e. Meals can be batched together to form a Menu). The Menu must include the relevant details of the Offer including:
- Meal Price as determined by the Food Business;
- Delivery/ Pick-Up specifications (including any Delivery Fee) as determined by the Food Business;
- allergen information for each Meal forming part of the Menu as calculated by the Platform based on inputs by the Food Business;
- how long the Offer of Meals is open for acceptance by Customers as determined by the Cook.
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, making payment at the time of placing the Order. After the Menu closes, Food Businesses will receive a combined order from all Customers identifying how many of each particular Meal from the Menu have been ordered, and the relevant Pick-Up/ Delivery details for each Customer.
Food Businesses can have one or more active Menus at any time on the Platform, but there is no guarantee that any particular 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. Cookaborough will also retain a fixed fee of 2.5% of the Meal Price to compensate Cookaborough for the bank charges and out of pocket expenses associated with the cancelled transaction.
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 must 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 offered as a Hot Meal, it is Your responsibility to ensure that it remains at proper eating temperature until delivered or Picked-Up (within the stipulated window of time), which must be at or above 70 degrees Celsius.
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 as a result of inappropriate packaging.
You acknowledge that payments of the Meal Price and Delivery Fees 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.
In order to facilitate the Platform, You agree that, if required, You will be registered for GST, will provide us with your Australian Business Number and issue tax invoices for amounts charged to Customers via the Platform.
You are required to authorise Stripe Connect to deduct all Fees from amounts collected on your behalf in accordance with the Fees List and pay such Fees directly to Cookaborough. For the avoidance of doubt, fees set out in the Fee List are exclusive of GST.
In the event that We receive a complaint from a Customer, including where:
(i) the Customer was dissatisfied with a Meal supplied by You; or
(ii) the Customer (or any other person) became ill because of a Meal supplied by You,
and, on Our reasonable investigation, We decide that the Customer’s complaint was justified, then, without limiting any other rights that We may have, We shall notify You of the complaint, may require you to refund all or part of the Meal Price and Delivery Fee (if applicable) to the Customer and failure to do so shall be a breach of these Terms and Conditions.
Cookaborough charges a 7.5% commission fee (unless otherwise agreed) on each order made via the platform by Your Customers. This fee is exclusive of GST, and includes the transaction fee charged by Stripe Connect for processing payments.
In the event that You cancel or withdraw a Customer’s meal order, that has been processed by Stripe Connect, Cookaborough will retain a fixed fee of 2.5% of the Meal Price to compensate Cookaborough for the bank charges and out of pocket expenses associated with the cancelled transaction.
Compliance with law
To qualify and continuing using the Platform as a Food Business, You must comply with all Food Laws. We may include in the Platform information regarding the process of registering as a Food Business and information on compliance with relevant Food Laws such as the process in obtaining a food safety and handling certification, however, We are under no obligation to ensure that You are in compliance with relevant Food Laws.
From time to time We may require you to provide evidence of compliance with the Food Laws in the form of current Food Safety Supervisor certificates and kitchen registration certificates. Cookaborough may also conduct quality assurance as it sees fit, and You agree to provide reasonable access and assistance to allow such quality checks to be performed.
You must notify the relevant local council of the operation of a food business activities at your Food Premises before providing any Meal to a Customer and must notify the local council (and Us) 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. If We request an inspection of Your Food Premises, You must permit Us (or a person on our behalf) to inspect Your Food Premises within 48 hours of the time of Our request.
The Company maintains the Insurance Policy in respect of the Services provided on the Platform. The Insurance Policy covers both Cookaborough and Food Businesses using the Platform for instances of third-party personal injury and third-party property damage and advertising liability directly relating to events or circumstances arising from providing the Services. Any services or meals provided outside of the Platform and not in accordance with these Terms will not be covered by the Insurance Policy.
Should you fail to meet (and maintain) the minimum requirements for Food Businesses, you may not be covered under the Insurance Policy. The Insurance Policy also contains limits of cover.
The Insurance Policy is not a general business insurance policy that would otherwise cover all aspects of Your business. If you maintain your own insurance policies these are to be your first recourse in the event of a claim arising before seeking to rely on the Insurance Policy. The Insurance Policy is available for viewing here.
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.
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 reason. You agree that We are not obliged to publish any such Content and may delete or edit it as We see fit.
You acknowledge that We do not undertake background checks on Customers and You agree that We are not obliged to do so.
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.
Copyright, trademarks and Licence rights
All Cookaborough 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, promoting the Platform and any other purpose specified in these terms and conditions for the agreed duration of this agreement.
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.
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 Customer against those indemnified, in relation to any Meal where You are the relevant Food Business and have breached the relevant agreement.
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.
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.
- (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 theServices.
- (c) 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.
- (d) 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, itsContent or any linked Website; and
(iv) any errors, omissions or inaccuracies contained in the Services.
- (e) 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.
- (f) 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.
- (g) 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:
- the replacement of the goods or supply of equivalent goods; or
- the payment of the costs of replacing the goods or equivalent goods.
(iI) in the case of services:
- the supply of the services again; or
- the payment of cost of the supply of the services again.
- Cold Meal means a Meal offered as fresh (uncooked) or frozen.
- 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.
- Cook refers to a Food Business owner or operator who offers Meals for purchase via the Cookaborough Platform.
- 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:
- (a) fullname;
- (b) emailaddress;
- (c) mobile and/or telephone number;
- (d) delivery address (if delivery has been selected);
- (e) orderhistory(numberoforders/valueoforders);
- (f) the date the Customer joined the Platform; and
- (g) the Customer’s referral source, which identifies how the Customer was referred to the Platform (such as via 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.
- Fee means a fee listed on the Fee List.
- 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.
- Hot Meal means a Meal offered as pre-Cooked and ready-to-eat.
- Insurance Policy means the Public and Products Liability Insurance Policy maintained by Cookaborough in respect of the Services and the Platform.
- 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 Cookfor 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:
- (a) prepare and provide a Meal/s to a Customer via a Menu;
- (b) the specifications of the Meal/s; and
- (c) 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 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.
- 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);
- 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 Food Business.
- 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);
Cookaborough – Privacy Statement (Food Businesses)
- 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.