Terms and Conditions

Terms and Conditions

Cookies Palace – the basics

(a) “Cookies Palace” means ABN 45 487 535 410 of Doncaster East VIC. This

document explains how the agreement is made up, and sets out the terms of our

agreement with you.

(b) Cookies Palace operates an online goods delivery business delivering food and groceries

straight to residences.

(including affiliated websites and pages, and including but not limited to the website at

www.cookiespalace.com.au (referred to collectively, including where Goods are supplied, as

the “Services” in this document) is subject to the terms of a legal agreement between

you and Cookies Palace.

(d) Unless otherwise agreed in writing with Cookies Palace, your agreement with Cookies Palace will

always include the terms and conditions set out in this document (“Main Terms”).

(e) Your agreement with Cookies Palace will also include the terms of any additional notices we

send you or post on any website owned or operated by Cookies Palace applicable to the

Services, in addition to the Main Terms (“Additional Terms”). Where Additional

Terms apply to a Service, these will be accessible for you to read either within, or

through your use of, that Service.

(f) The Main Terms, together with the Additional Terms and the Cookies Palace Privacy Policy,

form a legally binding agreement between you and Cookies Palace in relation to your use of

the Services. It is important that you take the time to read them carefully. Collectively,

this agreement (embodying all of these terms) is referred to below as the “Terms”.

(g) If there is any contradiction between what the Additional Terms say and what the

Main Terms say, then the Additional Terms shall take precedence in relation to that

Service.

Accepting the Terms

(a) In order to use the Services (including purchasing any Goods), you must first agree to

the Terms. You may not use the Services if you do not accept the Terms.

(b) You can accept the Terms by:

(i) clicking to accept or agree to the Terms, where this option is made available

to you by Cookies Palace in the user interface for any Service (whether through a

web browser, mobile app or otherwise); or

(ii) by actually using the Services. In this case, you understand and agree that Cookies Palace will treat your use of the Services as acceptance of the Terms from that point onwards.

(c) You may not use the Services or buy the Goods and may not accept the Terms if you are not of legal age or capacity to form a binding contract with Cookies Palace, or you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

Provision of the Services by Cookies Palace

(a) Cookies Palace will use all reasonable endeavours to provide the Services and supply the Goods to you as represented on the Cookies Palace website, or any instructional or promotional material provided by or on behalf of Cookies Palace.

(b) You acknowledge and agree that the form and nature of the Services or Goods which Cookies Palace provides may change from time to time without prior notice to you, and you shall remain bound by the Terms when using the Services in any updated or amended version.

(c) You acknowledge and agree that Cookies Palace may refuse to allow you to access the Services or buy the Goods at its sole discretion, and/or may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Cookies Palace’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Cookies Palace when you stop using the Services. Cookies Palace is not required to act in good faith or reasonably.

(d) You acknowledge and agree that if Cookies Palace disables access to the website or any Services, you may be prevented from accessing the Services, your account details or any files or other content which is contained therein.

Supply of Cookies Palace Services

What is Cookies Palace?

(a) Cookies Palace is an online food delivery business.

(b) In providing the Services, Cookies Palace utilises and in all instances (except where otherwise expressly identified) provides access to third party products and services (including food products and access to third party websites). In this instance, Cookies Palace acts merely as an intermediary to facilitate your access to products and services of those third parties, and Cookies Palace:

(i) relies on representations made by those third parties and other suppliers, and will not be liable to you for any misrepresentation made, if we reasonably relied upon such representation in sourcing and supplying the Services, to the extent allowed by law;

(ii) does not warrant the accuracy or functionality of any such third-party product or service and will not be liable for any fault or misdescription;

(iii) does not make any other warranty regarding the third party service or product, and you agree to rely on your own investigations and will indemnify Cookies Palace against all claims and loss in connection with your use of any third party service; and

(iv) does not warrant that any such product or service will be virus free, or free from any other error or defect, and will not be liable for any damage suffered as a result to the extent allowed by law.

(c) By purchasing any third party product or service using the Services, you acknowledge that Cookies Palace is in no way liable to you in respect of any such product or service and that any claim is against that third party. You hereby release Cookies Palace from all claims in connection with any loss or damage you suffer based on your purchase or use of such products or services, to the fullest extent permitted by law.

Payment of fees

(d) You agree to pay all fees charged based on Cookies Palace’s pricing, charges, and billing terms notified to you. For the avoidance of doubt, this may include any charges contained on our website.

Delivery of Goods

(e) Cookies Palace will deliver Goods ordered in accordance with delivery terms set out on our website or other material provided to you.

(f) We will not be responsible for any goods lost or damaged at the point of or after delivery. Risk in the Goods will pass to you immediately upon delivery.

(g) In the event that your delivery address is unattended, we will attempt to call you on your nominated phone number twice. After that, unless instructed otherwise, we will leave the Goods at the address provided for delivery. We will not be responsible for any Goods lost, damaged or stolen from that point onwards, and you release us from any claim in relation to Goods that are damaged, lost or stolen once left at your nominated address.

General

(h) Information provided by you will be relied upon for the purposes of delivery of the Services. We will not be liable to you for incorrect information provided by you.

(i) Cookies Palace attempts to be as accurate as possible. However, Cookies Palace does not warrant that the Goods and Services supplied by Cookies Palace are accurate, complete, reliable, current or error-free. If a Good or Service offered by Cookies Palace is not as described, our liability to you shall be limited a refund for that Good or Service or provision of the Service again, alone.

(j) You expressly acknowledge that all Services supplied to you from Cookies Palace:

(i) are priced in Australian Dollars; and

(ii) will be charged, unless expressly stated otherwise, as exclusive of Goods and Services Tax pursuant to A New Tax System (Goods and Services Tax) Act 1999 (Cth). We will issue a tax invoice for all purchases, delivered to your nominated email account and that you will make no objection or claim in relation to any of these matters unless such restriction is prohibited by law.

Your Use of the Services

(a) In order to access certain Services, you will be required to provide information about yourself (identification, payment and contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Cookies Palace will always be accurate, correct and up to date, and will be provided in accordance with the Cookies Palace Privacy Policy and other applicable privacy policies.

(b) Cookies Palace will rely on the accuracy of the information you provide. All Services will be provided in accordance with the information you have provided as at the date of provision of the Services. Cookies Palace will not be liable to you in any respect or for any amount for any loss suffered by you) if you have not provided accurate information.

(c) Any data you provide to Cookies Palace will be error free, legible (or audible) in a manner that will reasonably be considered to allow us to provide the Services. We will not be liable to you in any respect for any amount for any loss suffered by you if you have not provided information of such quality.

(d) You agree to use the Services only for purposes that are agreed at the time of using the Services (including in relation to any Content), and that are permitted by these

Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

(e) You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Cookies Palace, unless you have been specifically allowed to do so in a separate agreement with Cookies Palace. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services, and you agree not to access the content directly from Contributors without the direct written agreement of Cookies Palace.

(f) You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

(g) Unless you have been specifically permitted to do so in a separate agreement with Cookies Palace, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You must keep all aspects of the Services, including any source code, completely confidential and will not provide any such information to any other party. You will indemnify and hold harmless Cookies Palace for any loss it suffers if you breach this obligation.

(h) Unless you have been specifically permitted to do so in a separate agreement with Cookies Palace, you agree that you will not alter, modify, remove or otherwise obscure any content that you access by using the Services.

(i) You agree that you are solely responsible for (and that Cookies Palace has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Cookies Palace may suffer) of any such breach. You agree to indemnify Cookies Palace for any loss suffered by reason of any breach of your obligations under the Terms (including any consequential damages).

Your account security and data security

(a) You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

(b) Accordingly, you agree that you will be solely responsible to Cookies Palace for all activities that occur under your account, and Cookies Palace will not be responsible for any loss suffered by you or any other person by reason of unauthorised use of your account.

(d) We will supply you with a generic password upon registration, however you must change your password prior to your first use of the Services.

(e) If you become aware of any unauthorised use of your password or of your account, you agree to change your account password and notify Cookies Palace immediately using the contact details at www.cookiespalace.com.au.

(f) We will take all reasonable steps to ensure the security of any data you provide to us. We will also use reasonable endeavours to ensure that any company to which we outsource or allocate the provision of Services will comply with our Privacy Policy and Australian law. So long as we take reasonable steps to do so, we shall not be liable to you for any unauthorised disclosure of any information unless we have not notified you as required by our Privacy Policy or by law.

Privacy and personal information

(a) For information about Cookies Palace’s data protection practices, please read Cookies Palace’s Privacy Policy. This policy explains how Cookies Palace treats your personal information, and protects your privacy, when you use the Services.

(b) You agree to the use of your data in accordance with Cookies Palace’s Privacy Policy.

Proprietary rights

(a) Cookies Palace has the right to use the “Cookies Palace” and “Cookies Palace intellectual property.

(b) You acknowledge and agree that Cookies Palace (or Cookies Palace’s licensors) own all legal right, title and interest in and to the Goods and Services, including any intellectual property rights which subsist in the Goods and Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Cookies Palace and that you shall not disclose such information without Cookies Palace’s prior written consent.

(d) Unless you have agreed otherwise in writing with Cookies Palace, nothing in the Terms gives you a right to use any of Cookies Palace’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features (whether owned or licensed by Cookies Palace).

(e) You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Goods or Services.

(f) Unless you have been expressly authorised to do so in writing by Cookies Palace, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos. You agree to wholly indemnify Cookies Palace for any loss or damage suffered by Cookies Palace by reason of any breach by you of this Clause.

Indemnity

(a) To the fullest extent permitted by law, you agree to fully and promptly indemnify Cookies Palace against any loss (either direct or indirect) damage or expense whatsoever which Cookies Palace may suffer or incur in respect of:

(1) Any breach by you of the provisions of the Terms;

(2) Any claim in connection with your use of the Goods or the Services by any person;

(3) Any claim by any person in connection with your infringement of any intellectual property rights arising from your use of the Goods or Services; and/or

(4) Any claim by any person against you arising out of or in respect of the exploitation of the intellectual property in the Goods or Services by Cookies Palace.

(b) You irrevocably release Cookies Palace and waive all claims which you may have in the future against Cookies Palace, in respect of any action, claim or remedy whatsoever in any way attributable to the exploitation of the intellectual property in the Services by Cookies Palace.

Terminating the agreement

(a) The Terms will continue to apply until terminated by either you or Cookies Palace as set out below.

(b) Subject to the balance of this clause, if you want to terminate your legal agreement with Cookies Palace, you may do so by:

(i) notifying Cookies Palace at any time using the contact page on our website; and

(ii) closing your accounts for all of the Services which you use, where Cookies Palace has made this option available to you.

(c) All Goods and Services are non-refundable unless in accordance with these terms or where required by law or otherwise identified in any refund policy published by Cookies Palace in existence from time to time.

(d) Cookies Palace may at any time, terminate its legal agreement with you if:

(i) you have breached any provision of this agreement (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this agreement); or

(ii) Cookies Palace is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

(iii) any third party regarding whom Cookies Palace offered the Services to you has terminated its relationship with Cookies Palace or ceased to offer the Services to Cookies Palace or you; or

(iv) you have not made payment as required for the Services;

(v) Cookies Palace is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or

(vi) the provision of the Services to you by Cookies Palace is, in Cookies Palace’s opinion, no longer commercially viable; or

(vii) for any other reason Cookies Palace in its reasonable discretion thinks fit.

(e) Termination of the agreement will result in an automatic revocation of any licence provided under it in relation to the Goods or the Services, unless otherwise agreed in writing with Cookies Palace.

(f) Nothing in this Section shall affect Cookies Palace’s rights regarding provision of Services under the Terms.

(g) When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Cookies Palace have benefited from (including any moneys owed for Services provided to you), been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of these Terms shall continue to apply to such rights, obligations and liabilities indefinitely.

Exclusion of liability

(a) Nothing in these terms, shall exclude or limit Cookies Palace’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law or otherwise

contained in any warranty identified in any additional terms. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

(b) You expressly understand and agree that your use of the services is at your sole risk and that the goods and services are provided "as is" and “as available.”

(i) Your use of the services will meet your requirements,

(ii) All goods and services are in stock and available for purchase;

(iii) Any of the information or content you access using the services is accurate, reliable, or that any particular result or effect will be achieved by using the services or any of the content accessed or downloaded using the services,

(iv) Your use of the services will be uninterrupted, timely, secure or free from error or viruses,

(v) Any information obtained by you as a result of your use of the services will be accurate or reliable, and

(vi) That defects in the operation or functionality of any software provided to you as part of the services will be corrected.

(d) Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

(e) No advice or information, whether oral or written, obtained by you from Cookies Palace or through or from the services shall create any warranty not expressly stated in the terms.

(f) Cookies Palace further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

Limitation of liability

(a) You expressly understand and agree that Cookies Palace, its subsidiaries and affiliates, and its licensors shall not be liable to you for:

(i) Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;

(ii) Any loss or damage which may be incurred by you., including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services.

(iii) Any changes which Cookies Palace may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);

(iv) The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;

(v) Your failure to provide Cookies Palace with accurate account information;

(vi) Your failure to keep your password or account details secure and confidential;

(b) The limitations on Cookies Palace’s liability to you above shall apply whether or not Cookies Palace has been advised of or should have been aware of the possibility of any such losses arising.

(c) We shall not be liable to you for any delay or failure to perform or provide the services by reason of any circumstances beyond our reasonable control.

(d) To the extent permitted by law, in the event that Cookies Palace is found to be liable to you, our liability shall be limited to a refund of amounts paid by you to Cookies Palace, a replacement of the goods or services supplied, or reperformance of the services supplied.

Advertisements

(a) Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

(b) The manner, mode and extent of advertising by Cookies Palace on the Services are subject to change without specific notice to you.

(c) In consideration for Cookies Palace granting you access to and use of the Services, you agree that Cookies Palace may place such advertising on the Services.

(d) Without limiting the effect of the above, Cookies Palace accepts no responsibility and will not be liable to you for any loss suffered by reason of the existence of any advertising on the Services.

Other content

(a) The Services may include hyperlinks to other web sites or content or resources. Cookies Palace may have no control over any web sites or resources which are provided by companies or persons other than Cookies Palace.

(b) You acknowledge and agree that Cookies Palace is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

(c) You acknowledge and agree that Cookies Palace is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

Changes to the Terms

(a) Cookies Palace may make changes to the Terms from time to time. When these changes are made, Cookies Palace will make a new copy of the Terms available on any platform through which the Services are accessed. Cookies Palace shall not be required to otherwise notify you of any changes to the Terms, and you agree to be bound by the Terms as applicable from time to time.

(b) You understand and agree that if you use the Services after the date on which the Main Terms or Additional Terms have changed, Cookies Palace will treat your use as acceptance of the updated Terms.

General

(a) Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

(b) The Terms constitute the whole legal agreement between you and Cookies Palace and govern your use of the Services (but excluding any services which Cookies Palace may provide to you under a separate written agreement), and completely replace any prior agreements and/or representations between you and Cookies Palace in relation to the Services.

(c) You agree that Cookies Palace may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

(d) You agree that if Cookies Palace does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Cookies Palace has the benefit of under any applicable law), this will not be taken to be a waiver of Cookies Palace’s rights and that those rights or remedies will still be available to Cookies Palace.

(e) If any court of competent jurisdiction rules that any provision of these Terms is invalid, then that provision will be read down or removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

(f) No agency or partnership shall be construed to have been created by virtue of this agreement.

(g) You acknowledge and agree that each member of any company or entity to which Cookies Palace is directly affiliated (through whole or part ownership or control) shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

(h) The Terms, and your relationship with Cookies Palace under the Terms, shall be governed by the laws of the State of Victoria (or Australia where applicable). You and Cookies Palace agree to submit to the non-exclusive jurisdiction of the courts located within the State of Victoria (or Australia, where applicable) to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Cookies Palace shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief, interlocutory or final) in any jurisdiction.

(h) You acknowledge and warrant that you are of legal capacity and have obtained, or had a reasonable opportunity to obtain independent legal advice in relation to the Terms and enter this agreement with an understanding of the legal and practical effect of the Terms. Cookies Palace shall not be liable for any breach of this warranty.

MOBILE TERMS OF SERVICE

Cookies Palace

Last updated: 11 March, 2023

The Cookies Palace mobile message service (the "Service") is operated by Cookies Palace (“Cookies Palace”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Cookies Palace’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Cookies Palace through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialling system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Cookies Palace. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +61485857120 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Cookies Palace mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +61485857120 or email support@cookiespalace.com.au.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.