Terms of Service

Important: Please read these Terms of Service ("Terms") carefully before using Cooe. By accessing or using our service, you agree to be bound by these Terms. If you do not agree with these Terms, do not use our service.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you ("you", "your", "user") and Cooe ("we", "us", "our") governing your use of the Cooe website and service located at cooe.au (the "Service").

By using the Service, you represent that:

• You are at least 18 years old, or using the Service with parental/guardian consent
• You have the legal capacity to enter into this agreement
• You will comply with these Terms and all applicable laws

2. Description of Service

Cooe provides a free QR code generation and lost item notification service. Our Service allows you to:

• Generate unique QR code labels for your belongings
• Receive notifications when someone finds and scans your QR code
• Facilitate the return of lost items to their owners

3. User Obligations

3.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Service to harass, abuse, threaten, or intimidate any person
• Provide false, inaccurate, or misleading information
• Use the Service for any fraudulent or illegal activity
• Attempt to interfere with, disrupt, or harm the Service or its infrastructure
• Use automated systems (bots, scrapers) to access the Service without permission
• Reverse engineer, decompile, or attempt to extract source code
• Resell, redistribute, or commercially exploit the Service
• Generate QR codes for items you do not own or have permission to label

3.2 Account Security

If you create an account with Cooe (via "My Codes" dashboard):

• You are responsible for maintaining the confidentiality of your access link
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use of your account
• We are not liable for any loss or damage arising from your failure to protect your account

3.3 Accuracy of Information

You are responsible for ensuring that:

• Your contact information (email, phone) is accurate and up-to-date
• Item descriptions you provide are truthful and accurate
• You respond appropriately to found item notifications

4. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information in accordance with the Australian Privacy Act 1988.

By using the Service, you consent to:

• The collection and use of your information as described in the Privacy Policy
• Receiving email notifications when your items are found
• Optional SMS notifications (if you provide your phone number)

5. Service Availability and Modifications

5.1 Service Availability

We strive to provide a reliable service, but we do not guarantee uninterrupted or error-free operation. The Service may be unavailable due to:

• Scheduled maintenance or upgrades
• Technical issues or infrastructure failures
• Events beyond our reasonable control (force majeure)

5.2 Modifications to Service

We reserve the right to:

• Modify, suspend, or discontinue any part of the Service at any time
• Update features, functionality, or user interface
• Impose limits on certain features (e.g., number of QR codes per user)

We will make reasonable efforts to notify users of material changes, but are not obligated to do so.

6. Intellectual Property

6.1 Our Intellectual Property

All content, features, and functionality of the Service, including but not limited to:

• Text, graphics, logos, images, and software
• QR code generation technology and algorithms
• Website design, layout, and user interface
• Trademarks and branding ("Cooe", logo, taglines)

are owned by Cooe and protected by Australian and international copyright, trademark, and other intellectual property laws.

6.2 Your License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Service for personal, non-commercial purposes
• Generate and print QR codes for your personal belongings
• Schools may use the Service to help parents protect student belongings

6.3 QR Code Usage Rights

Once you generate a QR code:

• You may print, reproduce, and attach the QR code to your belongings
• You may NOT resell, redistribute, or commercially exploit the QR codes
• You may NOT modify the QR codes in a way that interferes with their functionality
• The underlying QR code infrastructure and notification system remain our property

7. Disclaimer of Warranties

We specifically disclaim all warranties, including but not limited to:

• Merchantability: We do not warrant that the Service is suitable for any particular purpose
• Fitness for Purpose: We do not guarantee the Service will meet your specific requirements
• Accuracy: We do not warrant that information provided through the Service is accurate, complete, or reliable
• Uninterrupted Service: We do not guarantee the Service will be available, timely, secure, or error-free
• Item Recovery: We do not guarantee that lost items will be found, returned, or recovered
• Third-Party Actions: We are not responsible for the actions of finders, scanners, or other third parties

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY AUSTRALIAN LAW:

8.1 No Liability for Lost Items

Cooe is a notification tool only. We:

• Do NOT take possession of, store, or handle any physical items
• Do NOT guarantee that lost items will be found or returned
• Are NOT responsible for any loss, damage, theft, or misuse of your belongings
• Are NOT responsible for the actions, honesty, or intentions of finders

8.2 Limitation of Damages

We will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Cost of replacement goods or services
• Emotional distress or inconvenience
• Loss or damage to property (including lost items)

Our total liability for any claims related to the Service is limited to AUD $100, or the amount you paid to use the Service in the 12 months preceding the claim (whichever is greater). Since the Service is free, this typically means our liability is capped at $100.

8.3 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law (ACL) or other applicable laws that cannot be lawfully excluded.

To the extent permitted by the ACL, our liability for breach of a non-excludable consumer guarantee is limited, at our option, to:

• Re-supplying the Service; or
• Paying the cost of having the Service re-supplied

9. Indemnification

You agree to indemnify, defend, and hold harmless Cooe, its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights (including privacy or intellectual property rights)
• Any false, inaccurate, or misleading information you provide
• Any disputes between you and finders or other users

10. User-Generated Content

10.1 Your Content

You may provide content to the Service, including:

• Item descriptions and labels
• Messages to finders
• Photos (if we add this feature)

You represent and warrant that:

• You own or have rights to any content you provide
• Your content does not infringe any third-party rights
• Your content does not contain offensive, harmful, or illegal material

10.2 License to Your Content

By providing content to the Service, you grant us a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and transmit your content solely for the purpose of providing and improving the Service.

10.3 Monitoring and Removal

We reserve the right (but have no obligation) to:

• Monitor user-generated content for compliance with these Terms
• Remove or refuse to display content that violates these Terms
• Suspend or terminate accounts that repeatedly violate these Terms

11. Third-Party Services and Links

The Service may contain links to third-party websites or services, including:

• Donation platforms (e.g., Stripe)
• Social media platforms
• Cloud service providers (AWS)

We are not responsible for:

• The content, privacy policies, or practices of third-party websites
• Any transactions or interactions you have with third parties
• The availability or reliability of third-party services

Your use of third-party services is at your own risk and subject to their terms and policies.

12. Donations

Cooe accepts voluntary donations to help cover server costs and service improvements. Important notes:

• Voluntary: Donations are completely optional and do not unlock additional features
• Non-Refundable: Donations are final and non-refundable (except as required by law)
• Not Tax-Deductible: Donations are not tax-deductible as Cooe is not a registered charity. Consult a tax professional for advice.
• No Guarantee: Donations do not guarantee improved service, features, or support

13. Children's Use

The Service is intended for use by parents, guardians, and schools on behalf of children. We do NOT knowingly collect personal information directly from children under 13 without parental consent.

If you are under 18, you may only use the Service with the involvement and consent of a parent or guardian.

Parents/guardians are responsible for:

• Supervising their children's use of QR codes
• Teaching children not to share personal information
• Monitoring found item notifications and interactions with finders

14. Termination

14.1 Your Right to Terminate

You may stop using the Service at any time and request deletion of your account via the "My Codes" dashboard or by contacting privacy@cooe.au.

14.2 Our Right to Terminate

We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, if:

• You violate these Terms
• Your use poses a security or legal risk
• We decide to discontinue the Service
• Required by law or court order

14.3 Effect of Termination

Upon termination:

• Your QR codes may stop functioning
• You will no longer receive found item notifications
• Your account and data may be deleted (subject to legal retention requirements)
• Sections of these Terms that by their nature should survive will continue to apply (e.g., disclaimers, liability limitations, indemnification)

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales for any disputes arising from these Terms or your use of the Service.

15.2 Dispute Resolution

If you have a complaint or dispute:

1. Contact Us First: Email support@cooe.au with details of your concern. We will make reasonable efforts to resolve the issue within 30 days.
2. Mediation: If we cannot resolve the dispute informally, you may request mediation through an independent mediator (costs to be shared equally).
3. Legal Action: If mediation fails, either party may pursue legal action in the courts of New South Wales.

16. Changes to These Terms

We may update these Terms from time to time to reflect:

• Changes to the Service or features
• Changes in applicable laws or regulations
• Improvements to clarity or user protection

When we update these Terms:

• We will update the "Last Updated" date at the top
• For material changes, we will provide notice via email or prominent website notice
• Continued use of the Service after changes constitutes acceptance of the updated Terms
• If you do not agree with the changes, you must stop using the Service

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Cooe regarding the Service and supersede any prior agreements or understandings.

17.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court, the remaining provisions will continue in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

17.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms to any successor or affiliate at any time.

17.5 Force Majeure

We will not be liable for any delay or failure to perform due to events beyond our reasonable control, including but not limited to:

• Natural disasters (fires, floods, earthquakes)
• Government actions, wars, terrorism
• Internet or telecommunications failures
• Pandemics or public health emergencies

18. Contact Information

If you have any questions about these Terms, please contact us:

These Terms of Service were last reviewed and updated on 7 December 2024 to ensure compliance with Australian Consumer Law and best practices for user protection.