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CooQu: Purchaser T&Cs

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Last updated: 18 July 2022

  1. Introduction

    1. By using this website (located at https://www.cooqu.com.au/ ), any related website, applications or URLs, social media platforms owned or operated by us (Platform) and our Services as defined in paragraph 2, you agree to be legally bound by these Purchaser Terms and Conditions (Terms).

    2. By agreeing to these Terms, you are entering into an agreement with CooQu Pty Ltd (ACN 658 611 299) trading as CooQu, including its successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)) (CooQu or we or us), and agree to comply with any and all applicable laws and regulations, whether domestic or international.

    3. Our Services, including but not limited to the registration of an account with us or the placing of an Order, is not intended to be used by children under the age of 18.

    4. By accessing or using our Services, you warrant and represent to us that you have read, understand and agree to be bound by these Terms and that you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms. If you do not agree to these Terms, you must not access or use the Services.

    5. All of our terms and conditions and policies that are linked to or in the Platform, including our Privacy Policy and Website T&Cs, are incorporated into these Terms. You agree to comply with all such Terms when accessing or using our Services. 

    6. The Goods displayed on our Platform may be purchased on an individual item basis or via a subscription service, in accordance with the terms below.

    7. You agree and represent to us that if you are purchasing any alcoholic products you are over 18 years of age and will be able to present photo identification upon request which may include uploading a digital copy, showing it to the delivery driver or through any other means we determine necessary.

    8. You further acknowledge and agree that:

      1. it is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18; and

      2. For the avoidance of doubt, if your Order includes alcohol, the Seller is providing you with the alchohol and CooQu is not selling alcohol to you. CooQu supports the Responsible Service of Alcohol.

  2. The Services 

Definitions

  1. In these Terms, capitalised terms have the following meanings:

Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Custom Order means an Order to produce customised Goods with specific instructions by the Purchaser.

Experience Service means an experience provided or offered for sale by the Seller, which may include a dine-in service.

Goods mean the goods or services offered for sale via the Platform and purchased from Sellers including a Custom Order, Experience Service and Recurring Order.

Recurring Order means an Order placed in advance by a Purchaser on a recurring basis for a predetermined period or number of Orders.

Seller means an independent, third party that offers Goods and Experience Services for sale via the Platform and arranges for delivery or pick up of such goods where applicable.

Services mean our provision of the Platform to you, including functionality to enable you to:

  1. view Goods and make a purchase of Goods and Services from Sellers;

  2. facilitate, arrange and schedule pickup or delivery of purchases of Goods from Sellers;

  3. communicate and contact Sellers; and

  4. use our contact form.

User means any customer, Seller or other party that visits, browses, shops, accesses or otherwise uses the Platform.

Use of the Services

  1. We will provide the Services to you in accordance with these Terms.  

Trading on the Platform

  1. We endeavour to provide a trading environment that minimises your risk during the use of the Platform. Notwithstanding this, no method of electronic transacting is 100% secure and there may be some risks associated with using our Platform, including underage or fraudulent persons.

  2. We cannot guarantee the quality or safety of items advertised on the Platform, the accuracy of the content published on the Platform, the ability for Sellers to sell the item advertised.

  3. You acknowledge and agree that CooQu is not party to any agreements made between the Seller and Purchasers, nor is CooQu an agent, café, restaurant, caterer or any other related food provider or provider of food services. When you make a purchase on the Platform, you are entering into a legally binding contract with a Seller and must ensure that you comply with your obligations any applicable laws in Australia and other countries as relevant to you.

  4. You further acknowledge and agree that we do not have any control over the Goods nor the suitability, legality or condition of any kitchen, storage space or ingredients utilised in the production of the Goods.  Sellers warrant that they maintain appropriate public liability insurance for all risks associated with its business, however CooQu make no warranty or representation about the Sellers business or services whatsoever (subject to your statutory consumer guarantee rights under Australian Consumer Law).

User accounts

  1. To access and use the Services, you are required to register for a user account.

  2. You agree that you are solely responsible for maintaining the confidentiality of your account details, including your password.  When you register an account with us, please note that your Personal Information will be accessible by us, Sellers and Payment Gateways in accordance with our Privacy Policy.

  3. You agree that User Content you provide to us may be made publicly accessible to third parties, including other users or visitors of the Services.  You agree that we are not liable to you for the use or access of User Content by third parties.

  4. We retain the right to screen and verify your identity in our sole discretion.  You agree to submit to such screening and to provide to us at your cost, immediately upon request, complete, accurate and current information confirming your identity and eligibility to use the Services, including copies of photo identification (such as drivers licence and passport) or other identifying documentation.  

  5. You understand that we may, in our absolute discretion, investigate, take legal action, terminate or cancel your access to the Services and/or your account, at any time and for any reason, including if we consider that you have, or are suspected of, violating these Terms.

  1. Orders

    1. You agree that any order and purchase of Goods via the Platform (Order) is subject to these Terms.  Orders placed through the Platform are made to the relevant Seller of the Goods and the Seller is solely responsible for the supply of the Goods.

    2. For the avoidance of doubt, an Order may be placed for:

      1. an individual product list for purchase on the Platform by a Seller;

      2. a Custom Order;

      3. a Recurring Order; or

      4. an Experience Service.

How to Place an Order

  1. An Order is accepted upon the latter of the following to occur:

    1. you have submitted your request for the Order on the Platform;

    2. the Order for the specified Goods has been confirmed by the Platform and/or the Seller;

    3. you have paid the purchase price in full, including any taxes, duties and shipping costs; and

    4. we have issued an Order confirmation.

  2. By placing an Order, you are making an offer to purchase those Goods for the purchase price (including the delivery and other charges and taxes) specified at the time that you place your Order.  

  3.  If a Seller has a minimum Order amount in place, you may not place an Order with that Seller until the value of your Order exceeds that amount. The minimum Order amount must be met after applying any discounts or specials that reduce the total Order amount.

  4. You are not permitted to purchase any Goods for resale to a third party or for trade purposes. If CooQu or the Seller have a concern with the quantity of item/s you have ordered, CooQu or the Seller will endeavour to contact you when you place an Order or within 7 days after you submit an Order.

  5. The Seller, and/or CooQu reserves the right to:

    1. accept or reject your Order or a part of your Order for any reason, including, without limitation, the unavailability of any Goods, limitations on quantities available for purchase, inaccuracies or errors in goods or pricing information, where fraud is suspected, or where there is an error in your Order;

    2. request identification from you, including photo ID or any other such documentation for verification purposes before we process your Order;

    3. cancel an Order at any time, for any reason; or

    4. restrict the quantity or total value of Goods available for purchase to each person or address.

  6. Where a party exercises the rights set out in paragraph 3.7, it will notify you through the Platform and suggest an alternative product, remove an item from an Order or provide a refund of the purchase price where applicable and CooQu and the Seller shall not be liable for any loss or damage whatsoever arising from such acts.

Custom Orders

  1. You may make a written request via the appropriate page of the Platform for a Custom Order and a Seller may elect to accept or reject such a request in their sole discretion and provide you with a quote which may be subject to its own terms and conditions (Quote).

  2. Subject to the terms and conditions specified in the Quote, you may then make an Order for the Goods via the Platform. This may require you to provide your instructions for the purpose of providing your Custom Order. Please note that by providing this collateral to us, you agree that they are considered User Content as set out in our Website T&Cs.

  3. The Custom Order will be linked via the Platform between yourself as the Purchaser and the Seller and the clauses within these Terms that relate to an Order will continue to apply.

  4. Refunds or cancellations cannot be made to the Custom Order once the Order has been placed as the nature of the Goods are not suitable for return or spoil quickly. This is especially true for perishable foods.

Recurring Orders

  1. You may place a Recurring Order via the Platform under our subscription service. The Recurring Order amount and billing interval are set out on the relevant Seller page of the Platform and confirmation correspondence.

  2. The Recurring Order will be linked via the Platform between yourself as the Purchaser and the Seller and the clauses within these Terms that relate an Order will continue to apply.

  3. When you place a Recurring Order, you enter into an agreement to receive the selected Goods on a recurring basis for a period specified at the time of placing the Order, in the frequency you choose e.g. monthly until cancelled by you or CooQu or the Seller as set out in these Terms (Order Period).

  4. You may cancel or amend your Recurring Order at any time, at least 3 days prior to your next scheduled delivery, via the Platform. If you cancel your Recurring Order, your benefits will continue until the end of your Order Period, but the Recurring Order will not be renewed after that term expires. Except in accordance with Australian Consumer Law or if we cancel your Recurring Order subscription without cause, you will not be entitled to a prorated refund of any portion of the fees paid for the Order Period.

  5. By accepting the Recurring Order, you authorise CooQu and our relevant payment processors to obtain payment from you for the Recurring Order as and when the relevant fees for the Order Period become due (including, without limitation, ongoing fees plus relevant taxes and duties) and to store your payment information and any other information related to your payment or provision of the Services as outlined in our Privacy Policy.  You also agree to reimburse us for all collection costs and interest of 2% higher than the amount set by the Penalty Interest Rates Act (Vic) for any overdue amounts.

  6. From time to time, CooQu may offer various payment methods, including without limitation, payment by credit card, by debit card, by mobile payment providers or by payment gateway websites (Payment Method).  You authorise CooQu to charge you through any Payment Method(s) you select when making your first Recurring Order and you agree to continue to make payments using that Payment Method for the Order Period.

  7. You understand and agree that from time to time, we may receive and use updated Payment Method  information provided by you or related financial institutions or payment processors, such as updated expiration dates or account numbers.

  8. Please note that certain payment methods may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we do not receive payment from you or your payment provider, you agree to directly pay to us all amounts due upon demand from us.  Your non-termination or continued use of the Recurring Order service reaffirms that we are authorised to charge your Payment Method.

Cancellations

  1. Please note that you cannot cancel or amend an Order once it has been submitted, except as required by Australian Consumer Law.  

  1. Experience Service

    1. You may place an Order for an Experience Service from Sellers via the Platform, which may be subject to its own terms and conditions. The Experience Service will be linked via the Platform between yourself as the Purchaser and the Seller and the clauses within these Terms that relate an Order will continue to apply.

Duration of Experience Service

  1. The length of an Experience Service may be displayed on the Platform, however you acknowledge and agree that these timeframes are approximate only and are given by Sellers as a guide to the total time you may be at their venue.

Restrictions  

  1. Certain Experience Services are subject to minimum age, health, COVID-19 restrictions, weather or other restrictions which may be displayed by the Seller on the Platform, in a booking confirmation email or otherwise notified by the Seller from time to time.

  2. You acknowledge and agree to review and accept any such restrictions prior to placing an Order and if you are later required to cancel the Order due to these restrictions, you may be liable for any and all charges by the Seller or forfeit the Experience Service all together. 

Risks

  1. Prior to placing an Order for an Experience Service, you agree to make your own enquiries to make yourself aware of the risks involved in participating in the Experience Service. You acknowledge and agree that it is your responsibility to make independent enquiries with the Sellers or other third parties as to the risks.

  2. You acknowledge and agree that the Experience Service is provided on the terms of the Seller which may include at a venue selected in the sole discretion of the Seller and you remain responsible for any risk associated with attending or participating in Experience Service including travelling to and from the venue or any alternative venue at which an Experience Service takes place and any other risks associated with participating in the Experience Service whilst at the venue or any alternative venue.

Australian Consumer Law

  1. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that under law cannot be excluded, modified or restricted such as your statutory consumer guarantee rights, including under the Australian Consumer Law. Subject to such legislation, you acknowledge and agree that CooQu:

    1. has no liability for any act, omission or default, whether negligent or otherwise of any Seller or third party;

    2. makes no warranty or representation regarding the standard of the Experience Service provided by the Seller including the quality, standard, delivery or provision of the Experience Service or that they will be fit for purpose;

    3. the availability of Experience Service including such availability in any given geographical location, time or date; and

    4. has no liability for any loss or damage occasioned by any negligent act or omission of any Seller or third party.

Cancellations

  1. Please note that you cannot cancel or amend an Order for an Experience Service once it has been submitted, except as required by Australian Consumer Law.  

  1. Goods on the Platform

Product weights

  1. If a Good is available for purchase based on weight, please note that our Sellers may not always be able to provide Goods of a precise weight, in particular for meat or loose products such as fruits and vegetables.

  2. Discrepancies in weight of the Goods supplied to those ordered will not be considered defective, provided that they are a reasonable discrepancy, or above the weight specified in the Orders.

Product images and descriptions

  1. Product images and descriptions are provided to us, or approved by and are the responsibility of the individual Seller.  If there is any issue regarding the image or description used by a Seller in our Services, please inform us as soon as possible.  We will put you in touch with the Seller to resolve the matter directly.

  2. Whilst we request Sellers to use best endeavours to show textures, appearances and colours of our products as accurately as possible, product images may vary from the delivered Goods depending on your monitor, settings and computer equipment.  You must ensure that you carefully read the title and description before making a purchase.

Availability of Goods

  1. All Orders are made subject to availability from the Seller.  Whilst our Sellers are required to use best efforts to ensure that Goods are available for delivery or pick up or purchase, there may be some circumstances where Goods are unavailable.

  2. Where a Seller cannot fulfil your Order, or a part of your Order, it will notify you as soon as reasonably possible.  Please note that we may need to reject your Order or reject part of your Order on this basis.

  3. If all or part of your Order is rejected or cancelled by the Seller or CooQu, then provided you have not breached these terms, the Seller is requested to refund you in full all amounts you have paid in respect of such Goods.  Alternatively, the Seller may contact you to advise you of a delay in restocking a particular Good and a delay in delivery of your Order.  In this case, you may elect to proceed with your Order on the basis of a delayed delivery date, cancel your Order or select an alternative Good. If you do not vary or cancel your Order within two (2) hours of notification, you are deemed to have accepted the delay.

  4. The Seller and CooQu reserve the right to limit the sale of goods to reasonable or normal household quantities for any reason in our sole discretion.

Recalls and bans

  1. If any Goods are subject to a recall or ban, you agree to follow any reasonable instructions provided by us or the relevant Seller regarding return or destruction of such Goods and you consent to us contacting you and you agree to inform any end-user of the Goods, including any gift recipient, of any recall applicable to such Goods.

  1. Prices and payment

    1. CooQu and the Sellers reserve the right to vary, amend, add or remove payment methods, prices or goods offered in the Services from time to time in our sole discretion as it sees fit, without notice. Such changes will not affect orders submitted before the change was made.

Prices

  1. Unless specified otherwise, prices displayed in our Services are in the currency specified in the Platform and are inclusive of GST. Displayed pricing may not include shipping or delivery charges, which are calculated at check-out.

  2. Prices of Goods, as well as delivery and any other charges displayed in our Services are current at the time of issue but may change at any time.  CooQu and the Seller reserve the right to amend any pricing or description errors and cancel any Orders of Goods subject to a pricing error.

  3. You are responsible for any taxes, duties or other liabilities imposed by any government agency, including, without limitation, any goods and services taxes or any value added tax imposed on any Goods or services acquired or ordered by you in the Services.  Where applicable, you must pay any such taxes, duties or other liabilities, without deduction or set off of any other amounts, at the same time and on the same basis as you pay the purchase price.

Payment

  1. Full payment for the purchase of Goods is required at the time of placing your Order, including the purchase price plus any delivery fees and applicable duties and taxes (Payment) unless otherwise specified at the checkout stage of the Order. Payment is charged/debited at the end of the complete check-out process unless otherwise specified and we will not accept any Orders which have not been paid for in full.

  2. From time to time, we may use third party payment gateways or payment processors to process payments (Payment Gateways).  In such cases, you agree to enter into and comply with any terms and conditions and any other policies required by such Payment Gateways.  We are not liable for any payment issues through Payment Gateways.  Payments made by you are final and non-refundable, unless otherwise determined by CooQu or as required by Australian Consumer Law.

  3. You may be entitled to a refund for a 'major failure' of the Goods or Services or alternative remedies for a 'minor failure'.  Nothing in these Terms purports to limit, restrict or exclude rights available to you under Australian Consumer Law that cannot be limited, restricted or excluded under Australian Consumer Law.

  4. You must not pay, or attempt to pay, for an Order through any fraudulent or unlawful means.  If your payment is not able to be successfully processed, or if we, in our sole discretion, suspect that it has been paid for using any fraudulent or unlawful means, we may cancel the Order.

  1. Tickets

    1. You acknowledge and agree that each Seller is solely liable for managing and responding to your enquiries, complaints, issue and disputes (Enquiry) and that CooQu may intervene, however it is not obliged to do so.

    2. You may make an Enquiry, including If you are not satisfied with any of the Goods supplied by a Seller, by issuing a ticket on the CooQu Platform within 48 hours from when the Goods were supplied (Ticket). To the maximum extent permitted by Australian Consumer Law, you are encouraged to lodge an Enquiry within 24 hours of receiving the Goods.

    3. All amounts paid for the Goods are non-refundable, except to the extent that you are entitled to a refund or other remedy for Goods under Australian Consumer Law, or in CooQu’s sole discretion (Refund Policy).  

  2. Delivery

    1. You acknowledge and agree that CooQu only provides a platform in which to connect customers and Sellers and delivery is arranged by the individual Seller or its contractors or agents.

    2. The Seller is solely liable for any issues with the Goods, returns of the Goods, pickup or delivery issues.  For the avoidance of doubt, CooQu will not be liable in any way, to you, in relation to delivery of the Goods or an Order, or the provision of delivery services.

Delivery

  1. Delivery of the Goods (Delivery) is taken to occur at the time that:

    1. you, or your nominated carrier takes possession of the Goods; or

    2. the Seller delivers the Goods to your nominated address, even if you are not present at the address.

  2. You agree that you will take delivery by receipt or collection of the Goods whenever they are tendered for delivery. If you are unable to take delivery of the Goods at the time that they are delivered, then the Seller shall be entitled to charge a reasonable fee for redelivery and/or storage. You agree that you will still accept delivery of the Goods even if they are delivered on a different date or time.  

Delivery Details

  1. Please ensure your delivery address is accurate.

  2. If you have provided incorrect delivery details, please contact the relevant Seller as soon as possible. Provided that your goods have not been dispatched, the Seller will attempt to update the delivery address, however, please note that this may not be possible or it may result in additional delivery fees.  The Seller will not be liable for non-delivery or delayed parcels due to incorrect details and you may be charged a re-delivery fee if the order needs to be re-delivered.

  3. You acknowledge and agree that the Seller may in its sole discretion, elect to not deliver Goods to the delivery address where it reasonably believes that the Goods are likely to be stolen or damaged, or deems the delivery address to be unsafe for any reason. In this case, the Seller will contact you to arrange alternative delivery options.

Timeframe for delivery

  1. Any delivery date or time specified by us or a Seller is an estimate only.  We will not be held liable for any loss or damage suffered by you in connection with any delivery issues, including for example as a result of any delay in delivery, lost deliveries, incorrect deliveries, deliveries to the incorrect address.  However, if the Goods are not delivered within a reasonable time after the estimated delivery date, please contact us.

  2. If you elect to pick up the Goods, you agree to manage your collection directly with the Seller and you agree to coordinate such pickup in accordance with the Seller's instructions.

  1. Risk and title

    1. Risk and title of the Goods purchased by you, passes to you upon delivery to your nominated delivery address by the Seller, or upon your collection from the Seller (as applicable).

  2. Promotions and discounts

    1. Unless otherwise stated, promotional offers, including but not limited to Platform-wide discounts, package deals and coupons, cannot be used in conjunction with any other offer. For example, a ‘$20 Discount’ coupon cannot be used during a ‘20% Off’ Sale.

    2. From time to time, a Seller may offer its own promotional offers to Purchasers.  You acknowledge and agree that the Seller is solely liable for such offer.

    3. We reserve the right to:

      1. terminate, modify or extend any promotional offer at any time, without notice; or

      2. cancel any order to which a promotional discount or code has been applied in error or contrary to the terms and conditions of such discount or code.

  3. Advertisements

    1. Unless expressly stated otherwise in writing by us, we do not endorse any promotions or advertisement published on the Services (Advertisements).

    2. We make no representations or warranties about the accuracy or completeness of any of the Advertisements published on Services nor do we make any representation or warranty regarding the quality of any goods or services contained in an Advertisement.  You agree that to the maximum extent permitted by law, we are not liable in any way for any loss or damage caused in connection with or arising out of the content of any Advertisement and that any liability for such loss or damage rests with the relevant Seller or third party.

    3. You may lodge a complaint with us regarding an Advertisement, providing reasons for the complaint and we may, in our sole discretion, require a Seller or third party to amend or remove an Advertisement or we may delete the Advertisement without further notice.

  4. Reviews

    1. The Services include a feature that allows you and other members of the public to review and rate Goods, Sellers and delivery personnel of Sellers (Reviews).  The views presented in a Review do not reflect our views or opinions and we make no representation or warranty in connection to the accuracy or legitimacy of any Review.

    2. You agree that you will not post a Review:

      1. of a Good, Service or Seller, if you are associated with the business or brand of the Good or the Seller;

      2. of a Good, Service or Seller, if you are a competitor of the relevant Seller;

      3. that is inaccurate or not genuine;

      4. that is defamatory or in breach of any law or regulation;

      5. which breaches confidentiality or privacy; or

      6. which breaches these Terms.

    3. We make no representations or warranties about the accuracy or genuineness of any Reviews posted in our Services and any disputes between a member of the public or Customer and a Seller are to be dealt with between those parties.

    4. Sellers cannot, and are not permitted to, delete Reviews, however a Seller or other party may lodge a complaint with us regarding a review, providing reasons for the complaint and we may, in its sole discretion, liaise with the reviewer and the Seller to attempt resolution of the dispute.  In accordance with Australian Consumer Law, we will not amend or delete genuine Reviews but we reserve the right to delete or amend, Reviews that:

      1. are posted by the same Seller or a party associated with that Seller;

      2. contain offensive, vulgar or inappropriate language including hate-speech or discriminatory language;

      3. are clearly made in error by the reviewer; or

      4. breach any of these Terms, as determined by us.

  5. Use of the Services

    1. You agree that, to the maximum extent permitted by law, we hold no liability for the conduct of Platform users. You acknowledge that your access and use of the Services is at your own risk.  You agree that you are responsible for all activity that occurs in connection with your IP address, account, username and password.

    2. You represent and warrant to us that your use of the Services will comply with all applicable laws and regulations in the governing jurisdiction of these Terms and in your State/Country and overseas wherever you access the Services and otherwise where applicable and that you will not use our Services for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does or may violate the rights of others.

    3. To the maximum extent permitted by law, we will not be liable for any losses or damage whatsoever (including indirect or consequential loss, loss of profit or goodwill), whether in contract, tort or otherwise caused by any malicious or harmful programs, scripts or technologies that may affect our Services as aforementioned, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material and you release us from any such liability.

  6. Termination

    1. Without prejudice to any other remedies, CooQu may cancel all or any part of any Order or suspend or terminate the supply of Goods to you with written notice if, at any time you are in breach of any obligation (including those relating to payment) under these Terms; or

    2. Without prejudice to any other remedies, CooQu may terminate these Terms and/or suspend or cease providing the Services or access to the Services, in our absolute discretion, at any time and without notice to you.

    3. If CooQu or a Seller exercises its rights under this clause, unless the cancellation, suspension, cessation or termination arose out of or in connection with your act, omission, fault, negligence, fraud or breach of these Terms or any Payment Gateway terms and conditions, agreements or policies, then in such instance CooQu will, or will ensure the Seller, cancels and refunds any orders placed where Goods have not yet been not delivered prior to the date of termination, or if the Order is in the process of delivery, then Cooqu or the Seller may deliver the Order or cancel and issue a refund, in its sole discretion.  

    4. To the maximum extent permitted by law, CooQu will not be liable to you for any further loss or damage you suffer because CooQu has exercised its rights under this clause or these Terms.

  7. Limitation of Liability 

    1. You agree that, to the maximum extent permitted by law and subject to clause15.5, we are:

      1. not liable or responsible for any act, omission or negligence by any party in connection with the security and privacy of any information provided by you to a third party, including Sellers and Payment Gateways;

      2. not in any way liable for any punitive, special, indirect or consequential loss, damage or injury, loss of claim, costs incurred or paid by you, pursuant to or arising out of or in connection to any act, omission or negligence of any Seller, including as a result of obtaining the goods or services from Sellers; and

      3. not an agent for any Seller and have no responsibility or liability for the communications or conduct of such Seller, including but not limited to any fulfilment of an order, availability of any Goods, etc.

    2. To the maximum extent permitted by law, neither CooQu, nor any of its employees or agents, will be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or illness and special, indirect or consequential loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of data), whether in contract, tort or otherwise, arising from or in connection with:

      1. any act, omission or negligence or the use of, or reliance on, information, comments or opinions contained obtained through or in our Services;

      2. any, use of the information on or access to Services including if for any reason the Services are unavailable at any time or for any period;

      3. any errors in, or omissions from, the information contained in the Services;

      4. any goods or services supplied by CooQu; or

      5. these Terms or any breach of these Terms.

    3. You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Services, that you will be responsible for those consequences.

    4. You agree that to the maximum extent permitted by law, our liability under these Terms shall be limited to the re-supply of equivalent goods or Services.

    5. You agree that to the maximum extent permitted by law, we expressly disclaim all warranties of any kind unless expressly stated in the Services or if required under Australian Consumer Law.  Nothing in these Terms purports to exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.

    6. This paragraph survives termination of these Terms.

  8. Release and Indemnity 

    1. You agree to release and indemnify and hold us and (as applicable) our affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your purchase or use of Goods or services purchased from the Platform, your use or access of the Services, or any access to the Services by a third party arising out of your breach of these Terms, or your violation of any law or the rights of a third party.  

    2. This paragraph survives termination of these Terms.

  9. Amendments and correction of errors

    1. We reserve the right to amend these Terms from time to time as we see fit.  Any amendments or changes to these Terms are effective from the date on which the amended terms are published except in relation to orders placed prior to the publication of any varied terms.    

    2. Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Terms by email or by a notice on or in the Services, it is your responsibility to keep up to date with any changes or amendments to these Terms by checking this page, which contains our most accurate and up to date version of our Terms.

    3. We reserve the right to amend any errors in the Services, including any pricing errors, and amend any prices and Goods, at any time without notice to you.

  10. Privacy

    1. You agree to allow CooQu to send you emails and SMS communication regarding the Services, including any information regarding or relating to our goods and services, in accordance with our Privacy Policy.  In order for the Platform to function, CooQu will be required to share your Personal Information with Seller and Payment Gateways.  By using the Services, you expressly consent to such disclosure.

    2. Please see our Privacy Policy for information about our privacy practices.

  11. General

    1. Waiver: Any failure or delay by us in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent us from exercising that power or right or any other power or right.  We are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right.  This paragraph survives termination of these Terms.

    2. Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation.  You agree that we will not be held liable for any delay or failure in performance of any part of the Services or delivery of Goods.

    3. Severability: If any part of these Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms.  Such invalidity does not affect the validity of the remaining provisions of these Terms.  This paragraph survives termination of these Terms.

    4. Relationship: These terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between CooQu and you or any other party unless expressly stated otherwise.

    5. Entire agreement: These Terms (and all other terms and conditions and policies that are incorporated by these Terms) and any additional policies or terms you have agreed to through use or access of our Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings.  Where there is an inconsistency between these Terms and any additional Terms, the additional Terms will prevail.  This paragraph survives termination of these Terms.

    6. Jurisdiction: These Terms are governed by the laws of Victoria, Australia.  You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and its appellate courts.  Although the Services may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Goods, comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Services from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.  This paragraph survives termination of these Terms.

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