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Terms and Conditions

Effective Date: [25 May 2024]

Welcome to Cozy and Coco! These Terms and Conditions govern your use of our website located at www.cozyandcoco.com.au (the "Site") and the services provided by Cozy and Coco Pty Ltd ("Cozy and Coco", "we", "us", or "our"). By accessing or using our Site and services, you agree to comply with and be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not use our Site or services.

1. Cozy and Coco Services

Cozy and Coco provides a platform to enable you to connect with, and engage, beauty and wellness professionals ("Professionals") to provide the services ("Services"). You use the platform to make a service request by selecting a service you want performed by a Professional at a time and location specified by you for the agreed price ("Agreed Price"). Upon receiving your service request, Cozy and Coco will allocate it to an available Professional. A Professional may accept or reject a service request received through the platform.

  • Service Requests: Users can make a service request by selecting the desired service and specifying the time and location.

  • Acceptance: Once a Professional accepts the service request, a contract is formed between you and the Professional for the provision of the services.

  • Confirmation and Payment: Cozy and Coco will notify you of the acceptance and confirm the booking. The Agreed Price will be debited from your credit card and held in a payment account until the services are completed. Once completed and confirmed, the funds will be released to the Professional, and Cozy and Coco will retain its service fee.

Each accepted service request constitutes a separate contractual engagement between you and the Professional.

2. Role and Obligations of Cozy and Coco

Cozy and Coco provides the platform only, which enables you to connect with, and engage, Professionals to provide the Services. The Services are provided by Professionals, not Cozy and Coco. At its absolute discretion, Cozy and Coco may refuse to allow any person to use the platform or cancel, suspend, or modify any service request, including if Cozy and Coco reasonably believes that your conduct is detrimental to the operation of the platform.

  • Liability Disclaimer: Cozy and Coco is not liable for any interaction between Users and Professionals, including but not limited to the description, performance, quality, or delivery of services. To the extent permitted by law, Cozy and Coco disclaims any implied warranties related to the services.

  • Dispute Resolution: Cozy and Coco has no obligation to assist in disputes between Users and Professionals but may do so to improve User experience.

3. Cancellation Policy

Users may cancel a service request in accordance with our cancellation policy outlined on our FAQ webpage, which may be updated periodically.

4. Fees and Payments

  • Payment Obligations: By submitting a service request, Users agree to pay the Agreed Price. Cozy and Coco charges fees for allocating service requests, which are included in the Agreed Price. Users authorize Cozy and Coco to debit their credit card for all fees and charges.

  • Price Changes: Cozy and Coco may change service pricing at its discretion by updating the price list on the Site. Changes will not affect services ordered before the change.

5. User Responsibilities

As a recipient of the services, you agree to:

  • Comply with all reasonable requirements of the Professional.

  • Provide a safe, clean, suitable, and comfortable space for the Professional.

  • Ensure access to bathroom facilities and proximity to an electrical outlet and a sink.

  • Refrain from offensive, intimidating, or abusive conduct while the Professional is present.

  • Confine pets to a separate room from where the Professional is working.

  • Comply with Cozy and Coco’s COVID-19 Policy as updated periodically.

Professionals reserve the right to refuse or terminate services if these responsibilities are not met or if they feel unsafe or uncomfortable.

6. User Content

You agree that Cozy and Coco may use your user content, including for promotional purposes and publishing on the Site or social media pages. You grant Cozy and Coco an irrevocable, nonexclusive, royalty-free license to reproduce, distribute, and publicly display your user content. Feedback and testimonials may also be published.

7. No Warranty

Except for liability related to a breach of any non-excludable condition, Cozy and Coco makes no representations or warranties about the Site, Professionals, or services, including:

  • The performance, quality, or suitability of the services.

  • The completeness, accuracy, reliability, or suitability of content on the Site.

  • Uninterrupted, error-free access to the platform.

  • Security of the Site.

8. Limitation of Liability

By usinf the Platform you agree to hold Cozy and Coco free from liability or responsibility for any damage that migh arise out of transaction between you and any Professionals. Cozy and Coco shall not be responsible for the conduct, whether online or offline, of any user of the Platform or Platform Services or any Professionals. We are not liable or responsible for any errors in, or failure to, provide Plateform Services due to your error or failure to provide accurate and complete information. Cozy and Coco has no obligation to assist in disputes between Users and Professionals but may do so to improve User experience.

9. Indemnity

You must indemnify and hold Cozy and Coco harmless from any claims arising from your use of the platform, unauthorized use of the services, user content, breach of this agreement, or applicable laws. This indemnity continues after these terms end.

10. Complaints

Cozy and Coco encourages resolving disputes directly with Professionals. Cozy and Coco may assist in dispute resolution and reserves the right to make final determinations based on provided information. For complaints about the Site, platform, or Cozy and Coco services, contact us at hello@cozyandcoco.com.au.

11. Third-Party Sites

Our Site may contain links to third-party websites. Unless stated otherwise, Cozy and Coco does not control or endorse these websites and is not responsible for their content.

12. Discontinuance

Cozy and Coco may exclude any person from using the platform at any time at its discretion and is not responsible for any resulting liability.

13. Force Majeure

Cozy and Coco and Professionals are not obligated to provide services if circumstances beyond their control prevent or hinder provision. These include, but are not limited to, COVID-19 lockdowns, strikes, natural disasters, and IT failures.

14. Termination

This agreement is effective until terminated by Cozy and Coco, which may do so at any time without notice. All restrictions and limitations of liability in these terms will survive termination.

15. Variation

Cozy and Coco may vary these terms at any time by publishing updated terms on the platform. Users should check the platform regularly for updates. Changes are effective upon publication.

16. Severance

If any part of these terms is held unenforceable or invalid, it will be interpreted as narrowly as necessary to be enforceable. If it cannot be, it will be severed, and the remaining terms will remain valid and enforceable.

17. Waiver of Rights

Failure or delay by Cozy and Coco in exercising any power or right does not operate as a waiver. Cozy and Coco is not liable for any loss caused by such failure or delay.

18. Entire Agreement

These terms constitute the entire agreement between the parties regarding the subject matter and supersede all previous agreements. Each party has relied on its own inquiries before entering into this agreement.

19. Governing Law and Jurisdiction

These terms are governed by the laws of New South Wales and the Commonwealth of Australia. Each party submits to the exclusive jurisdiction of the courts in New South Wales.

20. Interpretation

In this agreement, unless the context requires otherwise:

  • Words in the singular include the plural and vice versa.

  • Headings do not affect interpretation.

  • References to clauses, schedules, or annexures are to those in this agreement.

  • Acts to be done on non-business days must be done on the next business day.

  • References to legislation include amendments and replacements.

  • Defined terms in any form have the corresponding meaning.

  • References to persons include legal entities.

  • "Includes" means includes without limitation.

For any questions and notices, please contact us at hello@cozyandcoco.com.au.

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