Kookaa – Terms and Conditions

Terms & Conditions 

Offer

  • Kookaa delivers dinners which includes a main and a dessert. We deliver your dinners daily between 6.30pm and 8.30pm (GMT+11).
  • You can cancel your order anytime before noon on delivery day, you can postpone your dinner for two weeks using the ‘cancellation coupon’ we will provide you.

Delivery

  • You must live in our delivery area to order.
  • Please take care when specifying your delivery address as refunds will not be given if you enter an address incorrectly. 
  • Our offer is only intended for use by people which are present for direct consumption of the delivered good, from 6.30pm to 8.30pm in nominated postcode districts within Australia (Service Areas). We do not accept orders from individuals outside those Service Areas. Customers must provide a valid email address and credit card for all orders accepted online. We do not accept orders by phone.
  • Daily delivery windows vary by locations but are conducted between 6.30pm and 8.30pm. If you will not be home please find an alternative arrangement and leave specific delivery instruction on the checkout page for our drivers to follow. Delay may occur due to traffic but Kookaa is committed to have the shortest delivery window possible.
  • Ownership of the goods will transfer to you once we have delivered to your nominated address.
  • We cannot commit to a delivery window. We will try to accommodate, but cannot guarantee, special requests.
  • Authority to leave is required for all orders.

Customisation 

  • Some product may be able to be customised in terms of meal assortiment and meal composition. Please specify your dreary restrictions in the section ‘Anything we need to know?’ during checkout. 
  • We try to accomodate to all dietary restriction and preferences in accordance with our capacities. 

TERMS AND CONDITIONS 

  • INFORMATION ABOUT US

We operate the website www.kookaa.com.au/. We are Vix Distribution Pty Ldt (ABN 60 629 259 972) trading as Kookaa.

  1. SERVICE AVAILABILITY

Our offer is only intended for use by people which are present for direct consumption of the delivered good, from 6.30pm to 8.30pm in nominated postcode districts within Australia (Service Areas). We do not accept orders from individuals outside those Service Areas. Customers must provide a valid email address and credit card for all orders accepted online. We do not accept orders by phone.

  1. YOUR STATUS

By placing an order through our site, you warrant that:

  • you are legally capable of entering into binding contracts; and
  • you are at least 18 years old; and
  • you are resident in one of the Service Areas
  1. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
  1. After completing the subscription or order process on the Site, you will receive an email from us acknowledging that we have received your order (Order). Please note that this does not mean that an Order has been accepted. 
  2. The Contract will relate only to the Product or Service you have ordered or subscribed to. Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions.
  3. ACCEPTANCE OR REJECTION OF AN ORDER
  1. We reserve the right to accept or reject an Order for any reason, including if the requested Product is not available or if there is an error in the price or the Product description posted on the Site or in an Order.
  2. If we reject an Order, we will endeavour to notify you of that rejection at the time you place an Order or within 7 days after you submit an Order. 
  3. You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, we will endeavour to contact you when you place an Order or within 7 days after you submit an Order. 
  4. If we refuse an Order on or prior to delivery a full refund, less any discounts, will be made within 10 Business Days.
  5. CANCELATION
  1. If you wish to cancel an order, you must do so before noon on your orders’ delivery day to get a coupon worth the value of your order, less discounts.
  2. After noon on delivery day we are unable to cancel you order. This is because we purchase fresh ingredients everyday to make each meal.
  3. Subject to the non-excludable provisions of the Australian Consumer Law, any cancellation requests made after that time cannot be honoured. As a result, you will be charged the full amount of your order. If you have any further questions, please contact our customer service team at support@kookaa.com.au or contact us via our Chat.
  1. CHANGE OF DETAILS
  1. You must promptly advise us of any changes to your information provided to us as part of the customer registration process.
  2. Changes to address details and/or delivery instructions must be communicated before delivery day, specified on the text box during checkout, via email at support@kookaa.com.au or Chat.
  1. PRICE
  1. From time to time we may need to revise the price of the Products. For any price variations in relation to the Services, we will provide notice by email no less than 7 days before the changes take effect. After such time, we will apply the revised pricing to your existing payment details. You do not need to do anything to accept the change of price. You are under no obligation to accept the price revision. 
  2. The current prices of the Products will be as quoted on the Site, as updated from time to time. 
  3. Product prices and delivery charges include taxes including GST where applicable. 
  4. PAYMENT
  1. Payment for all Products and Services must be by credit or debit card or any other payment method on the online checkout page.
  2. Orders will be charged to your nominated payment method.
  • It is your responsibility to ensure your accepted payment method details are valid and up to date. We accept Visa, MasterCard, American Express Cards and PayPal. 
  • It is your responsibility to ensure that sufficient funds are available at the time of payment processing.
  1. REFUNDS POLICY
  1. If you have cancelled an Order in accordance with clause 6 we will provide you a coupon with the same value as your cancelled dinner. This coupon have a two weeks lifetime. 
  2. If you would like to be refund after having consumed or received one of Kookaa’s products, please contact us as soon as possible and justify your request. 
  3. Kookaa will assess individually cases where the client would like to be refunded after having received our product, at our discretion a refund my be issued. 
  1. DELIVERY
  1. We only deliver addresses within the postcode areas nominated on our site.
  2. We will aim to deliver during the delivery window specified. However, if an event occurs that is beyond our reasonable control, then we may not be able to do so and will not be liable to you or any other person for any such delay. In this instance, we will endeavour to provide you with notice of the delay as soon as reasonably possible.
  3. We will deliver the Products to the front door at the relevant Delivery Address. If you ask us to deliver inside a premise or building at the Delivery Address and we agree to do so, then you are responsible for any loss or damage suffered by us in connection with our delivery of the Products beyond the front door of the Delivery Address. You must make all appropriate arrangements to assist and allow us to deliver your order, including obtaining any prior security, or other, approvals which may apply to your delivery location.
  4. We may require the person accepting the delivery of your order to provide us with proof of that person’s identity (including photographic identification) and, where relevant, age. If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks.
  5. Kookaa accepts no liability or responsibility for incorrectly placed orders. Nor do we accept liability or responsibility for delivery details which are incorrectly supplied, or you fail to supply.
  6. If you will not be at home at the expected delivery time, we recommend you nominate a cool safe place for delivery of your order. If you do not provide a specific place for delivery, Kookaa will leave your order at your front door. If you advise Kookaa of any specific delivery instructions in your order, Kookaa will endeavour to comply with these instructions to the extent reasonably within its control.
  7. You will be responsible for your order from the time we deliver your products to the nominated address. We accept no liability or responsibility for any product once the product has been delivered to you.
  8. You understand that Kookaa may need to change your delivery date and time from time to time. We will notify you as soon as reasonably practicable if your delivery date and time change for any reason.
  1. COUPONS
  1. RISK AND TITLE
  1. The Products will be at your risk from the time of delivery.
  1. DISCLAIMER AND LIMITATION OF LIABILITY
  1. The following paragraphs exclude or limit our liability for your use of our website. They all apply so far as the law permits.
  2. While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on our website, that information is provided in good faith and on an “as is” and “as available” basis and we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information.
  3. We do not represent or warrant that our website will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system.
  4. You must take your own precautions to ensure that the process which you employ for accessing our website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system.
  5. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
  6. The collection, use and disclosure of your personal information is also subject to our Privacy Policy.
  7. We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use our website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through our website.
  8. If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty, to the extent permitted by that legislation, and at our option, to the supplying of the products again refunding the purchase price of the Products.
  9. IMPORTANT NOTICE ABOUT LINKED WEBSITES
  1. Our website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.
  2. Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent we stipulate to the contrary.
  3. To the extent permitted by law, we accept no responsibility or liability for, and give no warranty (express or implied) of any kind in respect of, linked websites and your use of them or any products or services available on or through linked websites.
  1. TRANSFER OF RIGHTS AND OBLIGATIONS
  1. The contract between you and us is binding on you and us and on our respective successors and assignees.
  2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
  3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
  1. INTELLECTUAL PROPERTY RIGHTS
  1. We are the owner or the licensee of all intellectual property rights in the Site, whether registered or unregistered, and in the material published on it. These works are protected by copyright and other intellectual property laws and all such rights are reserved.
  2. You may print off one copy, and may download extracts, of any pages from the Site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors. 
  3. If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By agreeing to these Terms and Conditions, you irrevocably authorise us to quote from your Commentary on the Site and in any advertising or social media outlets which we may create or contribute to.
  4. FORCE MAJEURE EVENTS
  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our control (Force Majeure Event). 
  2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: 

(a) strikes, lock-outs or other industrial action;

(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(e) impossibility of the use of public or private telecommunications networks;

(f) epidemic, pandemic or other health emergency (whether declared or not); and

(g) the acts, decrees, legislation, regulations or restrictions of any government.

  1. Our performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms and Conditions may be performed despite the Force Majeure Event.
  1. PRIVACY
  1. Our Privacy Policy is a separate document available on the Site. 
  2. We may use your contact information to send you newsletters from us and from our related companies.
  1. GENERAL
  1. These Terms and Conditions contain the entire understanding between the parties concerning the subject matter of these Terms and Conditions and supersedes all prior communications. 
  2. The relationship between you and us is that of a principal and independent contractor. Nothing in these Terms and Conditions will be taken as giving rise to a relationship of employment, agency or partnership. 
  3. Each party acknowledges that, in entering into these Terms and Conditions, neither party relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.
  4. Our failure to enforce any provision under these Terms and Conditions will not waive our right thereafter to enforce any such provisions.
  5. If any term or provision of these Terms and Conditions is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and Conditions and the remaining terms and conditions will be unaffected. 
  6. These Terms and Conditions are governed by and are to be construed in accordance with the laws in force in New South Wales. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales.