Website General Terms & Conditions

Last modified: 9 September 2020

These terms and conditions (Terms) govern your use of this website www.coco88.com.au (Site) and any other website or application made available by COCO88 Chocolate Patisserie Pty Ltd ACN 630 708 593. (“COCO88”, “we”, “our” or “us”). 

Our Privacy Policy and any additional terms we incorporate by reference in these Terms (including the Online Ordering Terms and any Promotion Terms) form part of these Terms.

These Terms apply to any person who accesses this Site for any purpose. By continuing to access our Site, you agree to be bound by these Terms. If you do not agree with these Terms, or any subsequent changes, you must stop using the Site.

Purpose of the Site

We make this available to allow you to browse and view details of the products and services offered by COCO88 and its network of stores. On the Site, we may also allow you to interact with us via social media channels, submit online retail orders through our online ordering platform (see clause 3) or enter promotions (see clause 4).

Use of our Site

You’re permitted to use our Site for your own personal and non-commercial use and not to misuse it. The copyright and other intellectual property rights published on our Site are owned by us. These works are protected by copyright laws and all rights are reserved. Our Site may not be used, reproduced or stored on any other website or included in any public or private electronic retrieval system or service, without our express written permission. You must not perform any act which may jeopardise or interfere with the functionality or the operation of any part of the Site.

Cost of Charges

You assume full responsibility for any associated costs or charges that you incur as a result of using our Site.

Online Ordering Platform

If you wish to use our online ordering platform, you will be bound by the Online Ordering Terms, which are incorporated by reference into these Terms.

Competitions & Promotions

COCO88 PTY LTD
‘WIN $990 WORTH OF COCO88 CHOCOLATE’
TERMS & CONDITIONS

Competition terms and conditions
1.             Preliminary
(a)           This document governs a competition being conducted by COCO88 Pty Ltd ABN
73640324965 of 44, 2-4 PICRITE CLOSE, PEMULWUY NSW 2145 (we, us, our).
(b)           We hold the following permits in relation to the competition:
(i)             New South Wales—permit [NA, under $10,000]
2.             Entrants
2.1          Eligibility
(a)           Entry into the competition opens at 12:00pm, 9th September 2020, and closes on
3:00pm, 30th September 2020.
(b)           Entry is free, and is only open to persons who, at the time of entry: 
(i)             are residents of Australia
(ii)           are aged 13 years or more;
(iii)          have complete, in full, the entry form available at our point-of-sale. 
(c)            By entering the competition, you warrant that you meet the entry requirements
and accept the terms and conditions contained in this document.
(d)           A person is only eligible to enter the competition once. 
(e)           Our employees (and immediate family members of our employees) are not eligible
to enter.
(f)             We may, in our sole discretion, withhold the prize until the winner provides us
with reasonable proof of residency and age.
2.2          Disqualification
(a)           We may, in our sole discretion, disqualify the following entries from the
competition:
(i)             Entrants who do not comply with the eligibility requirements specified in clause
2.1(b).
(ii)           Entrants who do not produce reasonable proof of residency or age to our
satisfaction (in its sole discretion).
(iii)          Incomplete or incomprehensible entries.
(iv)          Any entrant who we have reason to believe has breached this document, or
engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and
proper conduct of the competition.
(b)           We will not be responsible for lost, late or misdirected entries.
3.             Draw (game of chance)
(a)           We will draw the one x winner at 3:00pm on 30th September 2020 at 44, 2-4 Picrite Close, Pemulwuy NSW 2145 via electronic barrel draw. The competition does not involve a

round in which players are eliminated. Each entry will have a random and equal chance of
being drawn.
(b)           We will notify the winner by email within 24 hours of the draw.
(c)            We may publish the winner’s name on our website and via our social networks.
(d)           If the winner does not claim the prize within one month after we give them notice,
we will redraw a new winner. We will conduct the redraw and notify the winner in
accordance with clauses 3(a), 3(b) and 3(c).
4.             Prize 
(a)           There will only be one prize for x1 winner of the competition.
(b)           The prize will be:
(i)             An ultimate value $990 RRP of COCO88 Chocolate products. The winner will receive this prize by selecting chocolates of their choice with a value of $82.50 every month for 12 months.
(c)            We will not be liable for any variation in the prize value.  
(d)           The prize, or any unused portion of the prize, is not transferable or exchangeable
and cannot be taken as cash.
5.             Privacy
(a)           In this clause 4, “Personal Information” means information or an opinion about an
identified individual, or an individual who is reasonably identifiable:
(i)             whether the information or opinion is true or not; and
(ii)           whether the information or opinion is recorded in a material form or not.
(b)           By entering the competition, you agree that we may use or disclose any Personal
Information you disclose to us for:
(i)             the primary purpose of conducting the competition (Primary Purpose); 
(ii)           any purpose secondary to the Primary Purpose
(c)            We will handle your personal information in accordance with our privacy policy
available at https://coco88.com.au/pages/t-cs.
6.             Liability
(a)           To the full extent allowed by law, our liability for breach of any term implied into
this document by any law is excluded.
(b)           We will not, under any circumstance, be liable for any indirect, incidental, special
or consequential damages or loss of profits.
7.             Early cancellation of competition
(a)           If, for any reason (in our opinion, which is final), we are not able to run the
competition as planned, including, but not limited to, infection by a computer virus, bug,
tampering, unauthorised intervention, technical failures, security breach or any other
causes that corrupt or affect the administration, security, fairness, integrity or proper
conduct of the competition, we may, in our sole discretion, cancel, terminate, modify or
suspend the competition subject to any applicable legislation.
(b)           In the event of war, terrorism, state of emergency, disaster or any other
circumstance beyond our control, we may, subject to applicable legislation, cancel,
terminate, modify or suspend the competition.
8.             General
8.1          Amendments
We may, in our sole discretion, vary these terms and conditions from time-to-time.
8.2          Entire agreement
This document contains the entire agreement between the parties about its subject matter.
Any previous understanding, agreement, representation or warranty relating to that subject
matter is replaced by this document and has no further effect.

8.3          Jurisdiction
(a)           This document is governed by the law in force in New South Wales, Australia
(Jurisdiction). 
(b)           Each party submits to the exclusive jurisdiction of the courts of the Jurisdiction and
the courts competent to determine appeals from those courts, in relation to any
proceedings that may be brought at any time relating to this document. 
(c)            Each party irrevocably waives any objection it may have now or in the future to the
venue of any proceedings where that venue falls within the Jurisdiction.
8.4          No merger
No right or obligation of any party will merge on completion of any transaction
contemplated by this document.
8.5          Severance
Any provision of this document that is illegal, void or unenforceable is to be severed without
prejudice to the balance of the provisions of this document which will remain in force.

This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook.

This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook.

‘The 88 Club for Kids’

These terms and conditions apply to any person who purchases and uses a membership part of ‘The 88 Club for Kids’.

When COCO88 Chocolate Patisserie states that members can participate in up to 8 school holiday workshops this refers to members can book a spot in any available workshop given that there are spots available. COCO88 are not responsible for ensuring that each member has booked themselves into any workshop. This lies with the purchaser of the membership.

When COCO88 Chocolate Patisserie states that members receive 10% or 20% off birthday party workshops this refers to a discount on the Birthday Package of $390 plus additional participants or as stated by COCO88 Chocolate Patisserie Pty Ltd. This discount cannot be used for birthday party catering.

When COCO88 Chocolate Patisserie states that members receive a COCO88 Apron as part of their membership this refers to each member collecting their apron on the day of the first workshop booking. This apron can only be collected by the purchaser of the membership.

If the purchaser wishes to cancel their membership they may do so via email to info@coco88.com.au. The membership fee is non-refundable.

The membership is valid for 12 months and is automatically renewed at the end of ‘valid until’ date. Members will have the option to cancel their membership prior to the renewal period.

Memberships are not transferrable and can only be used for 1x child.

COCO88 Chocolate Patisserie reserves the right to cancel any scheduled workshops.

This membership cannot be used for other COCO88 Chocolate Patisserie Kids Workshops outside of the School Holidays or for workshops valued above $55.

Dates of workshops are at the discretion of COCO88 Chocolate Patisserie.

 

Privacy Policy

COCO88 Chocolate Privacy Policy

Updated June 2019

COCO88 respects the importance of protecting the privacy and the rights of our customers in relation to their personal information.  We respect and uphold your rights to privacy protection under the Australian Privacy Principles contained in the Australian Privacy Act 1988 and we comply with all of the Act’s requirements in respect of the collection, management and disclosure of your personal information. 

The purpose of this Privacy Policy is to outline the personal information collected by COCO88 and the use of such information. The scope of this Privacy Policy applies to personal information handled by COCO88 owned stores, website, social media and other services. In this Privacy Policy, "Personal Information" means information or opinion about an identified individual, or an individual who is reasonably identifiable in accordance with section 6 of the Privacy Act 1988.

By transacting with COCO88, becoming a COCO88 subscriber, or visiting the COCO88 website, you accept the Privacy Policy and the Terms and Conditions https://www.coco88.com.au/terms-conditions/ (Terms and Conditions). If you do not agree to the terms of this Privacy Policy or the Terms and Conditions you should not engage with COCO88.

What personal information COCO88 collects:

COCO88 only collects personal information from our customers or potential customers that we reasonably require for one or more of our business functions or activities and will do so by lawful and fair means. COCO88 may collect or hold information received as a result of any dealing, transaction or interaction with you. Personal Information includes identifiable and non-identifiable information about an individual.

Individually identifiable information:

Listed below are ways and types of individually identifiable information we collect:

When you subscribe to the COCO88 newsletter program and you provide as part of your subscription:

  • Name

  • Email Address

  • Telephone Number

When you provide your contact information during a transaction in a COCO88 store or website. This information may include, for example:

  • First and last names

  • Postal and/or physical address

  • Email address

  • Telephone number

  • Date of birth

  • Menu preferences

  • Previous order information

  • Credit card details

  • Your details that are supplied when you participate in a promotion, competition, promotional activity, survey, market research, SMS, MMS and other mobile services

  • When you interact or follow COCO88 in social channels such as Facebook, Twitter, LinkedIn, Snapchat and Instagram.

  • Your information regarding your interests, preferences, purchasing behaviour and experience with our services, together with any additional information necessary to deliver those services and respond to your enquiries.

Any additional information relating to you that you provide to us directly through our online ordering system, your access and use of our Website or indirectly through use of our Websites, online forums, applications, online presence, or through our representatives or otherwise.

Non-identifiable information:

We may also collect non-identifiable information that doesn’t identify you and by means of which no specific individual can be identified. When you visit the website, our Company servers may automatically record non-identifiable information that your browser sends. This data may include:

  • Your computer's IP address

  • Browser type

  • Webpage you were visiting before you came to our Site

  • Pages during your visit to www.coco88.com.au

  • The time spent on those pages, items, and information searched on our Site, access times, dates and other statistics

 How we collect it:

We may collect your information in a number of ways, including:

(a)Directly from you, including but not limited when you:

  • Browse our Site;

  • Save an item;

  • Register on our Site;

  • Log into the Site once registered;

  • Make a purchase from us;

  • Contact our Customer Care, either about an order or for any other reason;

  • Click on COCO88 banners, hyperlinks or plugins;

  • Interact with us on our social media; or

  • Have a conversation with our team members

  • Sign up to our mailing list by completing a paper form in one of our stores

 Cookies:

We use “cookies” when you visit our coco88.com.au website. It is a technology that enables us to operate an efficient service and track the patterns of behaviour of visitors to the Site. There are four main types of cookies – here’s how and why we use them.

(a) Site functionality cookies – these cookies allow you to navigate the Site and use our features, such as “Add to Cart” and “Add to Wishlist”.

(b) Site analytics cookies – these cookies allow us to measure and analyse how our customers use the Site, to improve both its functionality and your shopping experience.

(c) Customer preference cookies – when you are browsing or shopping on coco88.com.au, these cookies will remember your preferences (like your language or location), so we can make your shopping experience as seamless as possible, and more personal to you.

(d) Targeting or advertising cookies – these cookies are used to deliver marketing and advertising materials that are relevant to you. They also limit the number of times that you see an ad and help us measure the effectiveness of our marketing campaigns.

By using our Site, you agree to us placing these sorts of cookies on your device and accessing them when you visit the Site in the future. You can modify the settings on your device to prevent cookie use. Please note by disabling cookies, you user experience may be affected and you might not be able to take advantage of certain functions of our Site

Notwithstanding any other provision, we may also engage a third party service provider who may combine you information with information from other; and may place or recognise a unique cookie on your browser for the purpose of identifying users and delivering to them interest-based content and advertisements. 

How we use your information:

We may use your information for a range of different purposes, including:

  • To provide products and services to you

  • To communicate with you, including about products and services, competition results, special offers, and events which might interest you

  • To answer your questions and provide you with information or advice

  • To create orders, transaction records, agreements for the sale of products or services, accounts, tax invoices or receipts

  • To gain an understanding your information to improve or develop our products and services

  • To provide you with better customer services

  • To perform research and analysis

  • To carry out administration, marketing, planning, fraud and loss prevention activities, procurement, product and service development, quality control and research to improve the way COCO88 and our related bodies corporate and service providers provide products and services to you; and

  • To comply with laws or regulations or to comply with any directions given by regulators or authorities

  • We collect aggregated information about you which informs us about our users. The browser information we collect is used in an aggregated, anonymous manner in our internal analysis of traffic patterns within our Site. This information is used by us to administer and improve our education and training products and services.

Why do we collect, hold, use and disclose your personal information?

  • We collect personal information about you so that we can perform our business activities and functions and provide the best possible quality of customer service. We generally collect, hold, use and disclose your personal information for the following purposes:

  • Processing orders that you place with us in our stores or via our online ordering system, providing you with our products and services and processing refunds where applicable

  • Processing orders for gift cards that you place with us in our stores, by telephone or via our gift card ordering system

  • Where you choose to receive mobile services and content via SMS, MMS and other mobile services, we use this information to deliver such mobile services and content to you, to carry out market research, to track sales data and to inform you of upcoming events and plan other promotional activities which may be of interest to you

  • To respond to any queries you may have and to process and respond to any complaint made by you

  • Promoting our current and future products, services, promotions, offers, games and competitions to you

  • To improve the operation or navigation of our Website and inform you of changes made to our Website

  • Assisting you with remembering and re-ordering from our menu in the future and developing an online customer profile and keeping your contact details up to date

  • To obtain opinions or comments about products and/or services and to conduct other statistical and market research with a view to improving our services;

  • Facilitating our internal business operations, including fulfilment of any legal, security, and regulatory requirements.

  • We may also use your personal information for other purposes not listed above which will be made clear to you at the time we collect your personal information, or for such other purposes as may be required or permitted by law.

 To whom may we disclose your information?

For the purposes described in the section above, we may disclose your personal information to and share personal information with:

  • Our employees, contractors or agents for the purposes of operation of our business or our Website, fulfilling requests by you, and to otherwise provide products and services to you including, without limitation, web hosting providers, IT systems administrators, advertisers and business partners, payment processors, data entry service providers and professional advisors such as accountants, legal advisors, business advisors and consultants;

  • Suppliers and other third parties with whom we have commercial relationships, for business, marketing and related purposes;

  • Third parties where the law requires or authorises us to do so;

  • Any organisation for any authorised purpose with your express consent;

  • We may combine or share any personal information that we collect from you with information collected by any of our related bodies corporate (within Australia).

Direct marketing materials

We may send you direct marketing communications and information about our own products and services and on behalf of other companies within COCO88 that we consider may be of interest to you.

These communications may be sent in various forms, including email, SMS, and in-App messaging, in accordance with applicable marketing laws. You consent to us sending you those direct marketing communications by any of those methods.

At any time you may opt-out of receiving marketing communications from us by contacting us (see the details below) or by using opt-out facilities provided in the marketing communications and we will ensure that your name is removed from our mailing list.

How to access or correct your Personal Information

Under the Privacy Act, individuals have a right to complete access to their records. You may ask us in writing to provide you with details of the Personal Information we hold about you. We will endeavour to process your request as soon as practicable.

You can update your Personal Information anytime by accessing your account on the Site. If you wish for your Personal Information to be removed from our database, please contact us at info@coco88.com.au

How to make a complaint about a breach of privacy

If you wish to exercise any of your rights under this Privacy Policy, have any questions, comments or complaints regarding our practices, or if you are of the view that we have not adhered to this Privacy Policy, you can contact us by email to info@coco88.com.au

Changes to this Policy

Please note that this Privacy Policy forms part of the Terms and Conditions for use of the Site and forms part of the Agreement between you and us. We may, from time to time, amend this Privacy Policy, in whole or part, in our sole discretion. Any changes to this Privacy Policy will be effective immediately upon the posting of the revised Privacy policy on the Site. Depending on the nature of the change, we may announce the change on the Site or by email if we have your email address. However, in any event, by continuing to use the Site following any changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Privacy Policy, as it may be amended from time to time, in whole or party, you must terminate your use of the Site.

 Contacting us

If you have any questions or comments about this Privacy Policy please use the contact form on our website or email Customer Service at info@coco88.com.au