Terms of Use

1 About SayCooee

SayCooee is an Australian community connection and discovery platform designed to help people connect, share, swap, buy together, discover local groups, support local businesses and suppliers, and participate more easily in their local community.

SayCooee is operated by SayCooee (ABN 52 976 893 113).

By accessing or using the SayCooee website, platform, app or related services ("Platform"), you agree to these Terms of Use ("Terms").

If you do not agree to these Terms, you should not use the Platform.

2 How SayCooee Works

SayCooee provides different community features and our role depends on the feature being used.

Member-to-member Cooees, sharing and swaps

SayCooee may help community members:

• put a Cooee out for something they need, want to share or would like to offer;
• list skills, goods, knowledge or support;
• discover other community members;
• make contact with people who may be able to help; and
• make private arrangements with each other.

For these interactions, SayCooee facilitates the connection only.
SayCooee does not negotiate, set, supervise, fulfil, enforce or guarantee private arrangements between community members.

Local Groups

SayCooee may help people discover, list, create or connect with local groups, clubs, communities and organisations.
Some groups may operate through SayCooee. Others may operate independently through third-party platforms, social media, messaging services or offline.
Unless expressly stated otherwise, SayCooee does not own, operate or control independently operated groups listed on the Platform.

Community Buys

SayCooee may help bring community demand together and connect communities with businesses, producers and suppliers.
For Community Buys, SayCooee may:

• aggregate expressions of interest or orders;
• promote Community Buys;
• connect communities with suppliers;
• collect customer orders;
• process payments;
• communicate Community Buy information; and
• coordinate collection or delivery information.

Community Buys are governed by the separate SayCooee Community Buy Terms.

3 Our Role

Except where expressly stated in relation to a particular SayCooee service, SayCooee is not an employer, labour hire company, professional service provider, agent or representative of community members, group organisers or suppliers.

We do not guarantee the identity, conduct, reliability, qualifications, licences, suitability or background of any person or organisation using the Platform unless we expressly state that a particular check has been completed.

The appearance of a person, business, supplier, group, listing, Cooee or activity on SayCooee does not constitute endorsement by SayCooee.

4 Your Obligations

By using SayCooee, you agree that you:

• are at least 18 years of age;
• will provide accurate, truthful and current information;
• will treat other community members with respect and good faith;
• will not misrepresent your identity, skills, qualifications, business, products, services or intentions;
• will not use SayCooee to harass, threaten, stalk, defraud or harm another person;
• will not post unlawful, discriminatory, misleading, deceptive or harmful content;
• will not use SayCooee for spam, pyramid schemes or multi-level marketing;
• will comply with applicable Australian laws;
• will comply with the SayCooee Community Guidelines and Prohibited Items, Services & Activities policy;
• will honour commitments you make through the Platform where reasonably able to do so; and
• will take reasonable precautions when interacting with other people.

5 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for activity conducted through your account.

You must notify SayCooee as soon as reasonably practicable if you become aware of unauthorised access to your account.

You must not allow another person to use your account in a way that misrepresents their identity or relationship with you.

6 Safety & Trust

SayCooee is built around community connection, but members remain responsible for making sensible decisions about who they interact with and the arrangements they enter.

Unless expressly stated otherwise, SayCooee does not conduct background checks, identity checks, qualification checks, licence checks, reference checks or Working with Children Checks.

When meeting someone for the first time, consider meeting in a public place, telling someone where you are going and avoiding unnecessarily sharing sensitive personal or financial information.

Where children or vulnerable people are involved, members are responsible for conducting appropriate checks and due diligence.

SayCooee may remove content, restrict functionality or suspend accounts where we reasonably believe this is necessary to protect the community or Platform.

7 Cooees, Sharing, Skills & Swaps

Community members may use SayCooee to offer or request skills, goods, knowledge, assistance or other permitted forms of community exchange.

Members decide between themselves what, if anything, is exchanged and what they consider fair.

SayCooee:

• does not determine the value of a swap;
• does not guarantee a successful exchange;
• does not supervise private arrangements;
• does not issue credits, points or currency for swaps; and
• is not responsible for a member failing to fulfil a private arrangement.

Members are responsible for any legal or taxation obligations arising from their arrangements.

SayCooee does not operate a barter currency, time bank, credit ledger or exchange currency and does not assign a monetary value to private skills exchanges.

8 Local Groups

SayCooee allows people to discover, list, create and connect with local groups, clubs, communities and organisations ("Groups").

Groups may operate on SayCooee, through another platform, through social media or messaging services, or independently offline.

Group organisers are independent and are not employees, agents, partners or representatives of SayCooee unless expressly agreed in writing.

Unless expressly stated otherwise, SayCooee does not organise, supervise, manage or control a Group or its activities.

Group organisers are responsible for their own:

• membership and communications;
• events and activities;
• promotions;
• safety arrangements;
• insurance;
• legal and regulatory obligations; and
• commercial arrangements.

Listing a Group on SayCooee does not constitute endorsement by SayCooee.

A Group organiser does not have authority to make commitments, representations or agreements on behalf of SayCooee unless expressly authorised by SayCooee in writing.

If you submit a Group for listing, you confirm that you are authorised to do so and that the information you provide is accurate and not misleading.

SayCooee may remove a Group or restrict an organiser's account where the Group breaches these Terms, our Community Guidelines or applicable law, or where we reasonably believe action is necessary to protect the community.

9 Community Buys

SayCooee facilitates Community Buys that allow community demand to be brought together and presented to participating suppliers.

Participation in a Community Buy is governed by the separate SayCooee Community Buy Terms.

Those terms explain matters including:

• how Community Buys work;
• minimum order quantities or other thresholds;
• when a Community Buy becomes confirmed;
• payment;
• customer commitments;
• supplier commitments;
• collection and delivery;
• cancellations and refunds;
• Australian Consumer Law rights; and
• SayCooee's role.

By participating in a Community Buy, you agree to the Community Buy Terms in addition to these Terms.

Where there is an inconsistency relating specifically to a Community Buy, the Community Buy Terms prevail.

10 Suppliers

Businesses, producers and other suppliers participating in Community Buys may be required to enter into the SayCooee Supplier Agreement.

The Supplier Agreement governs matters including Community Buy offers, fulfilment, payments, Platform Fees, customer information and supplier responsibilities.

Suppliers remain responsible for their products, product safety, product descriptions, applicable licences and registrations, legal compliance, and fulfilment obligations.

Where there is an inconsistency relating specifically to a supplier's participation in Community Buys, the Supplier Agreement prevails.

11 Group and Community Partner Programmes

SayCooee may from time to time introduce optional programmes, benefits or commercial opportunities for Group organisers, community organisations, suppliers or other Platform participants.

These may include promotional opportunities, sponsorships, incentives, featured placement, partnership programmes or other benefits.

Additional terms may apply to a particular programme.

Participation in a programme does not create an employment, agency, partnership or joint venture relationship unless expressly agreed in writing.

12 Businesses, Paid Listings & Advertising

SayCooee may offer free or paid business listings, supplier listings, promotional placements, sponsorships, advertising and other visibility products.

Prices, inclusions, campaign periods and other conditions will be displayed or agreed before purchase.

Unless otherwise stated, payment for advertising, sponsorship or promotional placement does not constitute endorsement by SayCooee.

Advertisers and businesses are responsible for ensuring their content is accurate, lawful, current and not misleading or deceptive.

SayCooee may refuse, suspend or remove advertising or promotional content that breaches these Terms, applicable law or SayCooee policies.

13 Content

You retain ownership of content you submit to SayCooee.

By submitting content, you grant SayCooee a non-exclusive, worldwide, royalty-free licence to host, reproduce, display, distribute, adapt for formatting, and promote that content for the purposes of operating, improving and promoting SayCooee and the relevant listing, Group, Cooee, supplier or Community Buy.

You confirm that you have the right to provide the content and grant this licence.

You must not post content that infringes another person's rights or is unlawful, defamatory, discriminatory, threatening, sexually explicit, misleading, deceptive or otherwise prohibited under SayCooee policies.

SayCooee may remove or restrict content that breaches these Terms or where we reasonably believe removal is necessary to protect the Platform or community.

14 Prohibited Items, Services & Activities

Certain goods, services, activities and content cannot be offered, requested, listed or promoted through SayCooee.

Our current Prohibited Items, Services & Activities policy forms part of these Terms.

You are responsible for checking that anything you list, offer, request or promote is permitted.

SayCooee may remove content or restrict accounts that breach that policy.

15 Tax

Members and businesses are responsible for determining and complying with their own taxation obligations.

Private swaps or exchanges may have taxation consequences depending on the circumstances.

SayCooee does not provide taxation advice.

You should obtain independent taxation advice where necessary.

16 Third-Party Services and Links

SayCooee may contain links to third-party websites, social media platforms, payment providers, Group pages, supplier websites or other external services.

SayCooee does not control third-party services and is not responsible for their content, availability, security, terms or privacy practices.

Your use of a third-party service may be subject to separate terms and policies.

17 Platform Availability

We aim to provide a reliable Platform but do not guarantee uninterrupted, secure or error-free availability.

The Platform may be unavailable because of maintenance, upgrades, technical issues, third-party services or circumstances outside our reasonable control.

We may change, update, suspend or discontinue features from time to time.

18 Intellectual Property

SayCooee's branding, logos, software, Platform design, original text, graphics and other intellectual property remain the property of SayCooee or its licensors.

You must not reproduce, modify, distribute or commercially exploit SayCooee intellectual property without permission.

Nothing in these Terms transfers ownership of SayCooee intellectual property to you.

19 Privacy

SayCooee handles personal information in accordance with its Privacy Policy.

We do not sell personal information.

Information may be disclosed where reasonably necessary to operate particular Platform services, including processing payments, facilitating Community Buys, fulfilling orders, administering Groups, communicating with users and providing suppliers or service providers with information reasonably required to perform their role.

Further information about how personal information is collected, used, stored and disclosed is set out in the SayCooee Privacy Policy.

20 Limitation of Liability

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under Australian law.

Subject to those rights and to the maximum extent permitted by law, SayCooee is not responsible for loss or damage arising from:

• private arrangements between community members;
• independently operated Groups or activities;
• the acts or omissions of third-party suppliers or service providers;
• inaccurate or misleading information supplied by users;
• failure by another person to fulfil a private arrangement;
• third-party websites or services; or
• circumstances outside SayCooee's reasonable control.

SayCooee does not guarantee the quality, safety, legality, suitability or performance of goods, services, skills or activities offered by third parties through or in connection with the Platform.

Nothing in this clause limits liability to the extent it cannot lawfully be limited.

21 Reports and Disputes

Private disputes arising from member-to-member arrangements are generally the responsibility of the people involved.

However, community members may report suspected scams, harassment, unsafe behaviour, prohibited content, misleading listings or other breaches of these Terms to SayCooee.

SayCooee may review reports and take reasonable Platform-level action where appropriate.

SayCooee is not obliged to mediate or resolve private disputes between users.

22 Suspension and Termination

SayCooee may suspend, restrict or terminate an account where we reasonably believe:

• these Terms or another applicable SayCooee policy has been materially breached;
• the account presents a safety or security risk;
• the Platform is being used unlawfully, fraudulently or deceptively;
• repeated conduct is disrupting or undermining the community;
• outstanding Community Buy or supplier obligations have not been met; or
• action is reasonably necessary to protect the Platform, community or other users.

Where appropriate, we may provide an opportunity to address the issue before termination.

You may close your account at any time, subject to outstanding Community Buy commitments, payments or other obligations that are intended to survive account closure.

23 Changes to These Terms

SayCooee may update these Terms from time to time as the Platform evolves or where changes are required for operational, commercial or legal reasons.

Updated Terms will be published with a revised "last updated" date.

Where changes are material, we will take reasonable steps to notify affected users.

Changes will apply from the date specified in the updated Terms.

24 Other SayCooee Policies and Agreements

These Terms operate together with other SayCooee policies and agreements where relevant, including:

• Privacy Policy;
• Community Buy Terms;
• Supplier Agreement;
• Community Guidelines; and
• Prohibited Items, Services & Activities policy.

If there is an inconsistency between these Terms and a more specific agreement applying to a particular activity, the more specific agreement will prevail to the extent of that inconsistency.

25 Governing Law

These Terms are governed by the laws of New South Wales, Australia.

The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

26 Severability

If any part of these Terms is found to be invalid, illegal or unenforceable, that provision will be severed to the extent necessary and the remaining provisions will continue to apply.

27 Contact