Terms of service

Overview
Welcome to Cozy Nook Asian Grocer. The terms “we”, “us” and “our” refer to Cozy Nook Asian Grocer. Cozy Nook Asian Grocer operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience (the “Service”). Cozy Nook Asian Grocer is powered by Shopify, which enables us to provide the Service to you.
These Terms of Service, together with any policies referred to in this document (the “Terms of Service” or “Terms”), set out your rights and responsibilities when using the Service.
Please read these Terms carefully. They contain important information about your legal rights and include disclaimers and limitations of liability.
By accessing, using or interacting with the Service, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not use or access the Service.

Section 1 - Access and Account
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and that you have given permission for any minor dependants to use the Service on devices that you own, purchase or manage.
To use the Service, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing information, payment information and shipping information. You represent and warrant that all information you provide to us is accurate, current and complete, and that you have all necessary rights to provide that information.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You must not transfer, sell, assign or license your account to any other person.

Section 2 - Our Products
We have made every effort to display our products and services as accurately as possible in the online store. However, colours and product appearance may vary depending on the device you use to access the store and the settings and configuration of that device.
We do not warrant that the appearance or quality of any product or service you purchase will meet your expectations or exactly match what is shown or presented in our online store.
All product descriptions may change at any time without notice. We reserve the right to discontinue any product at any time and may limit the quantities of any product available to any person, region or jurisdiction on a case-by-case basis.

Section 3 - Orders
When you place an order, you are making an offer to purchase. Cozy Nook Asian Grocer reserves the right, at our sole discretion, to accept or reject your order for any reason. Your order is not accepted until it has been confirmed by Cozy Nook Asian Grocer. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it. Once an order has been accepted, Cozy Nook Asian Grocer may not be able to accept cancellation requests. If we do not accept, modify or cancel an order, we will try to contact you using the email address, billing address and/or phone number provided at the time of order.
Purchases may only be returned or exchanged in accordance with our Refund Policy.
You represent and warrant that your purchases are for personal or household use only, and not for commercial resale or export.

Section 4 - Prices and Billing
Prices, discounts and promotions may change without notice. The price of a product or service is the price shown at the time you place your order and will be listed in your order confirmation email. Unless otherwise explicitly stated, listed prices do not include taxes or shipping fees. Our products are primarily sold to customers within Australia, and prices are displayed in Australian Dollars (AUD) inclusive of applicable Goods and Services Tax (GST) where applicable.
Prices published in our online store may differ from prices in our physical store, third-party online stores or other sales channels. From time to time, we may offer promotions that affect pricing and are subject to separate terms. If promotional terms conflict with these Terms, the promotional terms will apply.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you when needed.
You represent and warrant that: (1) any credit card information you provide is true, correct and complete; (2) you are authorised to use the credit card for the purchase; (3) charges incurred by you will be honoured by your credit card company; and (4) you will pay the charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

Section 5 - Shipping and Delivery
We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or circumstances beyond our control. Once products are handed to the carrier, title and risk of loss transfer to you.

Section 6 - Intellectual Property
Our service, including but not limited to all trademarks, branding, text, displays, images, graphics, product reviews, videos and audio and their design, selection and arrangement, are owned by Cozy Nook Asian Grocer, its affiliates or licensors, and are protected by Australian and international copyright, trademark and other intellectual property laws.
These Terms allow you to use the Service for personal, non-commercial purposes only. You must not copy, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from the Service without our prior written consent. Nothing in these Terms should be interpreted as granting you any licence or other right to any patent, trademark, copyright or other intellectual property of Cozy Nook Asian Grocer, Shopify or any third party, except as expressly stated. Unauthorised use of the Service may violate intellectual property laws. Cozy Nook Asian Grocer reserves all rights not expressly granted in these Terms.
The Cozy Nook Asian Grocer name, logos, product and service names, designs and slogans are trademarks of Cozy Nook Asian Grocer or its affiliates or licensors. You must not use these trademarks without prior written permission from Cozy Nook Asian Grocer. Shopify’s names, logos, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing in the Service are trademarks of their respective owners.

Section 7 - Optional Tools
You may be given access to third-party tools as part of the Service. We do not monitor, control or have input into these tools.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without warranties, representations or conditions of any kind and without endorsement. We will not be liable for any matter arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you are familiar with and agree to the terms provided by the relevant third-party providers.
We may also offer new features through the Service in the future, including new tools and resources. Such new features will also be considered part of the Service and subject to these Terms.

Section 8 - Third-Party Links
The Service may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party features. We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Service to access such materials or third-party websites, you do so at your own risk.
We are not responsible for any harm or loss related to your access to any third-party website, or your purchase or use of any products, services, resources or content on any third-party website. Please carefully review the third party’s policies and terms before making any transaction. Any complaints, claims, concerns or questions regarding third-party products or services should be directed to the relevant third party.

Section 9 - Relationship with Shopify
Cozy Nook Asian Grocer is powered by Shopify, which enables us to provide the Service to you. However, any sale or purchase made through our store is directly between you and Cozy Nook Asian Grocer. By using the Service, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Cozy Nook Asian Grocer, including any injury, damage or loss arising from the purchase of products or services. You expressly release Shopify and its affiliates from any claims, damages and liabilities arising from or related to your purchases from, or transactions with, Cozy Nook Asian Grocer.

Section 10 - Privacy Policy
All personal information collected through our service is subject to our Privacy PolicyPrivacy Policy. Certain personal information may also be subject to Shopify Privacy Policy. By using our service, you confirm that you have read and understood our Privacy Policy.
Because the Service is hosted by Shopify, Shopify may process personal information about your access to and use of the Service in order to provide and improve the Service. Information you submit to the Service may be transferred to Shopify and to third parties that may be located outside your country of residence in order to provide the Service to you. Please review our Privacy Policy for more information about how we, Shopify and our partners use your personal information.

Section 11 - Feedback
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, comments, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial purposes. For example, we may use the rights granted under this licence to operate, provide, evaluate, enhance, improve and promote the Service, and to fulfil our obligations and exercise our rights under these Terms.
You also represent and warrant that: (1) you own or control all necessary rights in the Feedback; (2) you have disclosed any compensation or incentive received in connection with submitting the Feedback; and (3) your Feedback complies with these Terms. We are not required to keep Feedback confidential, pay compensation for Feedback, or respond to Feedback.
We may, but are not obligated to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms.
You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You also agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene material, or any computer virus or other malware that could affect the operation of the Service or any related website. You must not use a false email address, impersonate another person, or otherwise mislead us or any third party about the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

Section 12 - Errors, Inaccuracies and Omissions
Information on the Service may sometimes contain typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders at any time without notice if any information is inaccurate, including after you have submitted your order.

Section 13 - Prohibited Uses
You may access and use the Service only for lawful purposes. You must not directly or indirectly access or use the Service: (1) for any unlawful or malicious purpose; (2) to violate any international, federal, provincial, state or local laws, regulations or ordinances; (3) to infringe or violate our intellectual property rights or the intellectual property rights of others; (4) to harass, abuse, insult, harm, defame, slander, intimidate or harm any of our employees or any other person; (5) to transmit false or misleading information; (6) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms; (7) to send or cause to be sent any advertising or promotional material, including “spam”, “chain letters”, “junk mail” or similar solicitations; (8) to impersonate or attempt to impersonate any other person or entity; or (9) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or that we believe may harm Cozy Nook Asian Grocer, Shopify or users of the Service, or expose them to liability.
In addition, you agree not to: (1) upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Service; (2) copy, duplicate, extract, sell, resell or exploit any portion of the Service; (3) collect or track the personal information of others; (4) spam, phish, pharm, pretext or otherwise abuse the Service; (5) use any robot, crawler, scraper, data gathering or extraction tool, automated device or process, AI tool, or any automated or manual method to access the Service; or (6) interfere with, bypass or circumvent any security features, authorisation features, robot exclusion headers or other measures we use to restrict access to the Service. If we believe you have violated any part of these Terms, we may suspend, disable or terminate your account at any time without notice.

Section 14 - Agents
14.1 If you use, allow, enable or cause the deployment of an agent to access, use or interact with any Service, this section (“Agent Terms”) applies. “Agent” means any software or service that can take autonomous or semi-autonomous actions on behalf of, or at the direction of, any person or entity, and that may operate without direct supervision on behalf of, or using the device of, a person or entity.
14.2 No Agent may access, use or interact with the Service unless it always identifies itself and operates strictly in accordance with Section 14.4 below. In addition, if we request that an Agent not access, use or interact with any Service, that Agent must not access, use or interact with the Service.
14.3 We may restrict any Agent’s access to, use of, or interaction with the Service, including through technical measures.
14.4 An Agent must: (1) identify in all HTTP/HTTPS requests that the request is from an Agent, and disclose the Agent’s name in the user-agent string using the format “Agent/[Agent Name]”; (2) not hide or obscure the fact that any access, use or interaction is from an Agent, including by imitating human behaviour or interaction patterns, or completing or bypassing CAPTCHAs or other measures designed to distinguish computers from humans; (3) truthfully answer any questions or prompts designed to determine whether an interaction is from a human or a computer; and (4) not bypass or otherwise evade any measure designed to prevent, restrict, modify or control how Agents access, use or interact with the Service.

Section 15 - Termination
We may terminate this agreement or your access to the Service, or any part of it, at any time at our sole discretion without notice. You will remain liable for all amounts due up to and including the date of termination.
After termination, the following sections will continue to apply: intellectual property, feedback, termination, disclaimers, limitation of liability, indemnification, severability, waiver, entire agreement, assignment, governing law, privacy policy, and any other provisions that by their nature should survive termination.

Section 16 - Disclaimer of Warranties
Information provided through the Service is for general information only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is entirely at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any other visitor to the Service, or anyone who may be informed of its contents.
Unless otherwise expressly stated by Cozy Nook Asian Grocer, the Service and all products provided through the Service are provided to you on an “as is” and “as available” basis, without any express or implied representations, warranties or conditions of any kind, including implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. We do not warrant, represent or guarantee that your use of the Service will be uninterrupted, timely, secure or error-free. Some jurisdictions limit or do not allow the exclusion of implied warranties or other types of warranties, so the above disclaimer may not apply to you.

Section 17 - Limitation of Liability
To the fullest extent permitted by law, Cozy Nook Asian Grocer, our partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors, and Shopify and its affiliates, will not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products obtained through the Service, or any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content or product posted, transmitted or otherwise made available through the Service, even if advised of the possibility of such damages.

Section 18 - Indemnification
You agree to indemnify, defend and hold harmless Cozy Nook Asian Grocer, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any third-party claim, loss, damage, liability or expense, including reasonable legal fees, arising from: (1) your breach of these Terms or the documents incorporated by reference; (2) your violation of any law or third-party right; or (3) your access to and use of the Service.
We will notify you of any claim requiring indemnification. Failure to promptly notify you will not relieve you of your indemnification obligations unless you are materially prejudiced by the delay. We may control the defence and settlement of such claims at your expense, including selecting counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent, which must not be unreasonably withheld. You must cooperate in the defence of any indemnified claim, including by providing relevant documents.

Section 19 - Severability
If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms. Such determination will not affect the validity and enforceability of any remaining provisions.

Section 20 - Waiver; Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this website or in relation to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous oral or written agreements, communications and proposals between you and us, including any prior versions of these Terms.
Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.

Section 21 - Assignment
You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempted delegation, transfer or assignment will be void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.

Section 22 - Governing Law
These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of New South Wales, Australia. You and Cozy Nook Asian Grocer agree to submit to the exclusive jurisdiction of the courts of New South Wales.

Section 23 - Headings
The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

Section 24 - Changes to These Terms of Service
You can review the most current version of these Terms of Service on this page at any time.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms as required by applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Service after any changes to these Terms are posted constitutes acceptance of those changes.

Section 25 - Contact Information
If you have any questions about these Terms of Service, please contact us at admin@cozy-nook.com.au.
Our contact details are:
Cozy Nook Asian Grocer
admin@cozy-nook.com.au
307 Anzac Parade, Kingsford, NSW 2032
A.B.N 50147360423