Terms & conditions.

Trilogy Labs Pty Ltd ACN 695 253 279, trading as "Cookify" (we, us, our, Cookify), operates an AI-powered recipe and meal planning application that provides:

We do not sell groceries, process grocery payments, arrange delivery, or store delivery addresses or payment details for grocery checkout. Any grocery purchase, checkout, payment, delivery, substitutions and refunds are provided by the relevant Ingredients Partner under its own terms and policies.

Our Services are provided through our mobile application's interface, our website with the domain name cookify.com.au, and ancillary platforms that facilitate the operation of our Services (the Platform). These Terms (Terms) record an agreement between you (you, your), as the user and us for the purpose of your use of the Platform.

We and our third-party licensors reserve the right to update, modify, replace, limit, and expand the Platform and its functionality.

Prior to using the Platform, you should read these Terms carefully.

By using the Platform, you are accepting these Terms and agree to be bound by them.

These Terms apply continuously and anew each time you use the Platform. We reserve the right to make changes to these Terms from time to time. If we make changes that are reasonably likely to have a material impact on you, we will take reasonable steps to bring those changes to your attention (for example, by in-app notice or by updating the effective date). By continuing to use the Platform after changes take effect, you agree to be bound by the updated Terms.

To use the Platform, you may be required to supply the following information:

For clarity, Cookify does not collect or store your payment details for Subscription billing (those are handled by the relevant App Marketplace), and Cookify does not collect or store delivery addresses or payment details for grocery checkout (those are handled by the relevant Ingredients Partner via its platform).

Failure to supply correct User Data may result in you being unable to use the Platform as intended.

We may use the User Data for the purpose of providing the functionality of the Platform and any related purpose. In order to do so, we may disclose User Data to third parties where reasonably necessary to operate the Platform and provide the Services (for example, to contractors and service providers). We do not sell User Data.

Our use of any personal information provided within the User Data will be in accordance with our Privacy Policy available at cookify.com.au/privacy-policy.

You must not use the Platform for any unconscionable behaviour or activity, including but not limited to:

You may link to the Platform only:

You must remove or procure the removal of any link to the Platform immediately upon receiving notice from us to do so. We may give such notice at our absolute discretion without justification.

You must not modify, adapt or hack the Platform or modify another website or software so as to falsely imply that it is associated with the Platform or us. You must use the Platform for its intended purpose. You may not use the Platform for any illegal or unauthorised purpose, including the transmission of malware. You must not use the Platform to violate any laws in any jurisdiction, including but not limited to copyright laws. For the avoidance of doubt, you must not infringe upon the copyrights of any other person in using the Platform.

Engaging or attempting to engage in the prohibited behaviours identified in clauses 4.6 – 4.9 constitutes a material breach of these Terms. Such a breach may result in immediate termination of these Terms. You agree that such a breach would likely cause significant loss and damage to us, including loss of market share, reputational damage, and reduced profitability, which may be difficult to quantify. Accordingly, we shall be entitled, in addition to immediate termination, to seek all available legal and equitable remedies in respect of such breach, including but not limited to injunctive relief, recovery of damages, and reimbursement of reasonable legal costs.

The Platform may integrate with, link to, or enable access to Third Party Services.

Where the Platform enables cart creation on an Ingredients Partner Platform:

Third Party Services are not under our control and may change, be suspended or discontinued.

You are responsible for reviewing the final cart, substitutions (if any), total price and product information on the relevant Ingredients Partner Platform before completing checkout.

Your use of Third Party Services is subject to the third party's own terms and policies.

Nothing in this clause excludes your non-excludable rights under the ACL.

The Platform is not a substitute for independent safety checks. If you have allergies or medical conditions, you must not rely solely on the Platform to determine food safety.

You are responsible for ensuring that all allergy and dietary information entered into the Platform is accurate, complete and up to date.

You must independently verify ingredient labels, allergen warnings and product information before purchasing, preparing or consuming any food.

Ingredients, formulations and allergen labelling may change without notice. Cross-contamination may occur during manufacture, handling or preparation.

Where ingredients are sourced via an Ingredients Partner, substitutions and out-of-stock behaviour are controlled by that partner. Cookify does not guarantee substituted items will meet your allergy or dietary requirements.

Any allergen filtering or warnings provided through the Platform are general information only.

If the Platform allows you to override allergy settings for a specific Recipe, you acknowledge that you are proceeding at your own risk. We may retain records of such overrides for safety, support and compliance purposes.

Nothing in this clause limits your rights under the ACL.

Nutritional values, macros and calorie estimates provided through the Platform are estimates only and may be inaccurate due to data limitations, substitutions, cooking methods and AI variability.

Information provided through the Platform is general information only and is not medical or dietetic advice.

You should seek professional advice before relying on nutritional information for medical, health or dietary decisions.

We may display advertisements by third party sponsors on the Platform (Ads). In doing so, we do not warrant the functionality of the business, product, or service being advertised in the Ad. We do not hold ourselves out as partners, affiliates, guarantors, or as having any other type of legal or professional relationship with the third party sponsors.

Where Ads link to third party websites, we do not warrant the safety, functionality, or suitability of these websites. We are in no way liable for any loss, damage, risk or liability incurred from you visiting any third party websites accessible through Ads.

Advertised third party websites may be subject to their own terms and conditions. We do not verify or warrant the legality or suitability of those terms and conditions, and we encourage you to read them before accessing or using the linked site.

Certain features require a Subscription purchased via an App Marketplace.

The relevant Marketplace Provider processes payments, renewals, cancellations and refunds in accordance with that Marketplace Provider's terms and policies.

Subscriptions may auto-renew unless cancelled via your account settings with the relevant Marketplace Provider at least 24 hours before the end of the current billing period (or as otherwise specified by the Marketplace Provider).

Cookify does not collect or store your payment details for Subscription billing.

Cookify may assist you to create a grocery cart on an Ingredients Partner Platform. Any grocery order is made by you directly with the relevant Ingredients Partner on its platform. Cookify does not sell groceries, process grocery payments, arrange delivery, or handle grocery refunds. Availability, pricing, substitutions, delivery, fulfilment issues and refunds are determined by the relevant Ingredients Partner and governed by its terms and policies. You are responsible for reviewing the final cart and checkout details on the relevant Ingredients Partner Platform before placing an order.

Cookify does not sell groceries. Refunds relating to grocery purchases are handled by the relevant Ingredients Partner under its own policies.

Subscription refunds must be requested through the relevant App Marketplace in accordance with that App Marketplace's policies and processes.

Your rights under the ACL are not excluded.

Your use of the Platform is pursuant to a non-exclusive license between you and us which is granted subject to these Terms. Nothing in these Terms or otherwise creates an assignment of any rights in the Platform or the Product beyond the ability to use it for its intended use.

Recipes, preferences, feedback and other information provided by you (User Information) through the Platform, or otherwise to us, grants us a license to use the User Information for a variety of business purposes, including, to provide and support our Services, improve our business, products and services, for compliance with law, and for related purposes.

User Information is collected, used, disclosed and stored in accordance with our Privacy Policy. A copy of our Privacy Policy is available at cookify.com.au/privacy-policy.

Nothing in these Terms or otherwise creates the right for you to sublicense the Platform.

You undertake not to reverse engineer, replicate, or otherwise copy the Platform. We reserve all our rights to seek compensation, damages, injunctions, or any other remedy available to us at law if any attempt to do so, whether successful or unsuccessful, is made by you or any of your affiliates.

You must not reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform or any products ordered through the Platform, use of the Platform, or access to the Platform without our prior express written permission. We claim copyright and all other intellectual property rights over the Platform, its other products and services and reserve all of our rights.

All intellectual property and ownership rights subsisting in the Platform (including the user interface and the software comprising the Platform), the data derived from use of the Platform, and any other documentation, information or materials that are supplied by us to you, remain our or our third party licensors' exclusive property. For the avoidance of doubt, nothing in these Terms assigns any ownership rights to you.

The Platform uses third-party AI services to generate AI Outputs.

AI Outputs may be inaccurate, incomplete or unsuitable for your circumstances.

You must exercise your own judgement and independently verify AI Outputs before relying on them.

We may change AI providers or models at any time.

To the extent permitted by law, we do not warrant that AI Outputs are accurate, complete, current or fit for purpose.

You warrant that you will comply fully with all the Platform operating instructions. Any failure to comply fully with operating instructions may result in the sub-par or faulty performance of the Platform.

We accept no liability, and you release us from any such liability, associated with faults or errors caused by your non-compliance with all operating instructions.

We may suspend the Platform for any one or more periods of time if we are unable to provide the Platform due to a fault or dysfunction with our servers.

We reserve the right to modify or discontinue, temporarily or permanently the Platform and its other products and services with or without notice.

Either party may terminate these Terms immediately by written notice if the other party commits a material breach that is incapable of remedy, or fails to remedy a material breach within 14 days after receiving notice of the breach.

We may suspend the Services immediately if your behaviour or use of the Platform is illegal, unsafe, inappropriate or is disruptive, fails to comply with safety instructions or code of conduct, or poses a risk to yourself, other users or third parties.

You may cancel a Subscription at any time via the account settings of the relevant App Marketplace. Cancellation takes effect at the end of the then-current billing period (or as otherwise determined by the relevant Marketplace Provider). You may stop using the Platform at any time.

Upon termination, you must pay any outstanding fees properly incurred up to the date of termination (if applicable). To the extent permitted by applicable Australian law, no refund or credit will be payable where termination occurs under clause 15.2 for misconduct or safety breaches, noting that Subscription billing and refunds are administered by the relevant App Marketplace.

Clauses 6, 7, 8, 11, 13, 16, 17, 18 and 21 survive termination.

You represent and warrant that we will not be liable for any direct or indirect expense, damage or injury (including indirect loss of revenue, profits, goodwill or business opportunity) howsoever caused, including arising directly or indirectly from or in connection with your use of the Platform.

You undertake not to reverse engineer, publish, manipulate, distribute or reproduce any content supplied to you, nor use such content in connection with any business or commercial enterprise.

Subject to any of the rights you may have under the ACL, we exclude to the fullest extent possible all implied terms and warranties, whether statutory or otherwise, relating to the Platform or any other matter under these Terms. No advice or information, whether oral or written, that you obtain from us shall create any warranty, representation or condition not expressly stated herein.

For the avoidance of doubt, the mandatory guarantees regime of the ACL is not excluded.

The Platform is made available to you on an "as is" basis. We make no warranties, representations or conditions of any kind, express, statutory or implied as to:

Nothing in these Terms excludes, restricts or modifies any consumer guarantee or other right under the ACL that cannot be excluded.

To the extent permitted by law, we are not liable for loss arising from Third Party Services, including Ingredients Partner checkout, delivery, substitutions, pricing or availability.

To the extent permitted by law, we exclude liability for indirect or consequential loss.

Where the ACL permits limitation, our liability for failure to comply with a consumer guarantee relating to Services is limited to resupplying the Services or paying the cost of resupply.

Our liability is limited to loss that was reasonably foreseeable.

Your use of the Platform is at your own discretion and risk, and you will be solely responsible for any resulting loss or damage, including but not limited to, any loss of data or damage to your computer(s) or networks from viruses that may be downloaded to your computer in the course of using the software. Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you. If you reside in such a jurisdiction, the above limitations shall apply to you to the fullest extent permitted under applicable law.

To the extent permitted by law, our maximum aggregate liability to you for any claims, damages, injuries or causes whatsoever, and regardless of the form of action (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason), will at all times be limited to the greater of (i) the amount paid, if any, by you to us in connection with the Platform in the 2 months prior to the action giving rise to liability or (ii) $1.00.

You defend, indemnify and hold harmless us, our members, managers, subsidiaries, affiliates, any related companies, contractors, licensors and partners, and the officers, directors, employees, agents and representatives of each of them, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of:

We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you will cooperate with our defence of these claims. You will not settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

These Terms are binding on you and us and on our respective successors and assignees.

You may not transfer, assign, charge or otherwise dispose of your rights or liabilities under these Terms, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms, at any time without your prior consent.

We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event affecting Third Party Services (including an Ingredients Partner or App Marketplace) may affect your ability to use related Platform functionality.

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:

Our performance under these Terms 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 may be performed despite the Force Majeure Event.

To the extent permitted by law, we reserve the right to create, collect and/or store any metadata resulting from your use of the Platform. To the extent permitted by law, we may use metadata for a variety of functions including (but not limited to) conducting investigations, helping us manage and administer the Platform, for purposes of search engine optimisation and to drive traffic to the Platform. To the extent permitted by law, we reserve the right to share your information (including metadata) with government agencies and authorities to the extent this is required or requested of us.

We may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, payment gateway and related technology required to run the Platform.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any of our employees, members, representatives, or officers will result in immediate termination of your access to the Platform.

We do not warrant that:

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The Terms constitutes the entire agreement between you and us and govern your use of the Platform, superseding any prior agreements between you and us.

Any part of these Terms that is invalid, prohibited or not enforceable will not void the balance of the Terms. All other parts will be enforced without regard to the invalid provision and continue to be valid in accordance with their terms.

We make no representations or warranties that the content of the Platform complies with the laws (including intellectual property laws) of any country outside of Australia.

Any queries about the Terms should be sent to us by email at reply@cookify.com.au.

These Terms are governed by the laws of Western Australia, Australia. Disputes arising from your use of the Platform are exclusively subject to the jurisdiction of the courts of Western Australia.