1. Acceptance of these terms
These Terms & Conditions ("Terms") govern your access to and use of the Cosmo Food Service ordering website and mobile app (together, "the Service"), operated by Cosmo packaging pty ltd, trading as Cosmo Food Service (ABN 46 605 173 279) ("CFS", "we", "us", "our"). By logging in to, browsing, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service. These Terms apply to all customers and sales representatives who access the Service using credentials issued by CFS, and to anyone browsing the Service without signing in.
2. Who can use the Service
The Service is a trade ordering tool for approved wholesale customers of CFS and CFS sales representatives. There is no public sign-up: accounts are created and provisioned by CFS after a customer's trading account is approved. Access to the Service does not, by itself, create a new trading relationship — it is provided as a convenience under your existing (or concurrently established) trading account with CFS, which may carry its own credit and payment terms.
3. Browsing without an account
The Service includes a guest browsing mode that can be used without signing in. In guest mode you can view the product catalogue and individual product pages, but prices are not shown and no order, quotation, cart or saved list can be created — every such action prompts you to sign in instead. If you allow it, your approximate location is used in guest mode only to show the products carried by your nearest branch; if you decline, a default branch is used and browsing continues normally. These Terms and our Privacy Policy apply to guest browsing in the same way as to a signed-in session.
4. Accounts, credentials & security
You are responsible for keeping your login credentials confidential and for all activity that occurs under your account, whether or not authorised by you. You must notify CFS immediately at the contact details in clause 29 (Contact us) if you suspect unauthorised access or use. CFS may suspend or revoke access to the Service at any time, with or without notice, including where we reasonably suspect misuse, a breach of these Terms, or a risk to the security of the Service or other users.
5. Sales representatives acting on your behalf
If your account is managed by a CFS sales representative, that representative may place orders, request quotations, and manage saved lists on your behalf within the Service. You remain responsible for orders placed under your account by your authorised representative. If you believe an order was placed in error or without your authorisation, contact CFS immediately.
6. Confidentiality of customer, pricing & account information
Depending on the permissions set on your account, the Service may show cost prices, lowest sales prices, margins, per-customer pricing, aged trial balances (current, 14, 30 and 45 day and total outstanding amounts, and trade terms) and sales reports for the customers you manage. That information is confidential to CFS and to the customer it relates to. If you have access to it, you must use it only to serve that customer's account, must not disclose it to any other customer or third party, and must take reasonable care with any CSV or PDF file you export from the Service onto your own device or share from it. Balances and reports shown in the Service are indicative management information drawn from CFS's accounting system at the time of the request — they are not a statement of account, an invoice, or a demand for payment.
7. Products, pricing & availability
Product listings, images, descriptions, pack sizes and prices shown on the Service are provided as a guide only and may change without notice. Prices shown to sales representatives are indicative and are confirmed at the time an order is processed. Stock levels shown are indicative and are not a guarantee of availability at the time of fulfilment.
8. Orders & quotations
Placing an order through the Service is an offer to purchase, not a binding contract — a contract of sale is formed only when CFS accepts and processes your order at your allocated branch. Quotations generated through the Service are indicative and are not binding on CFS until converted to a confirmed order. Where a product is unavailable, CFS may substitute a comparable item, adjust quantities, or contact you before fulfilling the order.
9. Payment & invoicing
The Service does not process payments or store payment card details. Payment terms, credit limits and invoicing are governed by your separate trading account agreement with CFS. Invoice status, invoice date and due date shown on the Service (where present) are provided for reference only, are managed entirely by CFS's back-office systems, and are not editable through the Service.
10. Delivery, risk & title
Delivery windows shown or communicated are estimates only and are fulfilled by the branch allocated to your account. Risk in goods passes to you on delivery. Title in goods passes on delivery or on payment in full, whichever your trading account terms specify. You are responsible for promptly inspecting goods on receipt and reporting shortages, defects or damage within the timeframe stated on your invoice or trading account terms.
11. Cancellations, returns & your consumer guarantees
Order changes or cancellations after submission are not guaranteed and depend on the order not yet having been processed by your branch — contact CFS as soon as possible if you need to amend an order. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy available to you under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot lawfully be excluded.
12. Acceptable use
You agree to use the Service only for legitimate wholesale ordering purposes connected with your business, and to respect the confidentiality obligations in clause 6 (Confidentiality of customer, pricing & account information). You must not: interfere with or disrupt the Service or its infrastructure; attempt to gain unauthorised access to any account, data or system; use anyone else's credentials; use automated means (bots, scrapers) to access the Service; reverse engineer or decompile the app; or use the Service to transmit unlawful, defamatory or harmful content.
13. Intellectual property
The Service, and all product imagery, descriptions, branding, text, and software contained in it, are owned by or licensed to CFS or its suppliers and are protected by copyright, trade mark and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service on a compatible device solely for placing and managing orders with CFS. No other rights are granted.
14. Third-party services & links
The Service may contain links to third-party websites or services, including our social media pages, and may open your device's phone, email, maps, browser or file applications. Where you use our mobile app, it also relies on services we do not control in order to function: your device platform's notification services (Apple Push Notification service on iOS; Google Firebase Cloud Messaging and Google Play services on Android), the Expo push notification service used to deliver notifications to the app, the Expo update service (EAS Update) used to deliver app updates, and your device's own speech recognition service if you use voice search. We do not control and are not responsible for the content, accuracy, availability or practices of third-party sites or services, and their own terms and privacy policies apply to your use of them.
15. Notifications
If you allow it, CFS may send push notifications through our mobile app about activity on your account — for example when an order is placed or a quotation is issued — and, separately, about offers and specials. Notifications are optional: permission is requested after you sign in, may be declined, and can be turned off at any time in your device settings (on Android, 'Orders & deliveries' and 'Offers & specials' can be muted independently of each other). Delivery is carried out by Apple, Google and the Expo push service and is not guaranteed — a notification may be delayed, duplicated, or never arrive, for reasons including connectivity, device or platform settings, battery optimisation, or a provider outage. You must not rely on notifications as your only means of knowing the status of an order, quotation or delivery: the My Orders and Quotations screens, your invoice, and your branch remain the authoritative sources. Promotional notifications can be stopped without affecting notifications about your own orders — see clause 22 (Privacy) and our Privacy Policy for how.
16. Availability, offline data & changes to the Service
We aim to keep the Service available, but do not guarantee uninterrupted or error-free operation. So that our mobile app stays usable on a poor connection, it keeps a local copy of recently loaded information — catalogue, order, quotation, balance and account data — and may display that copy, which can be up to 24 hours old, while it refreshes in the background. Information shown after a period offline, or in the moments after the app is opened, may therefore not be current, and prices, stock levels and invoice status should be read subject to clause 7 (Products, pricing & availability) and clause 9 (Payment & invoicing). We may modify, suspend, or discontinue any part of the Service (including features), or restrict access, at any time without liability to you, for reasons including maintenance, security, or changes to our business.
17. Disclaimers
To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including as to merchantability, fitness for a particular purpose, accuracy, or non-infringement, except for any guarantee that cannot lawfully be excluded (including under the Australian Consumer Law).
18. Limitation of liability
To the maximum extent permitted by law, CFS's total liability arising out of or in connection with your use of the Service is limited, at CFS's option, to re-supplying the relevant goods or services, or the cost of doing so. CFS is not liable for any indirect, special or consequential loss (including loss of profits, revenue, business or data) arising from your use of, or inability to use, the Service. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot lawfully be excluded or limited, including your non-excludable rights under the Australian Consumer Law.
19. Indemnity
To the extent permitted by law, you agree to indemnify CFS against any claims, losses, liabilities and costs (including reasonable legal costs) arising from your breach of these Terms, your misuse of the Service, or unauthorised use of your account, except to the extent caused by CFS's own negligence or breach of these Terms.
20. Suspension & termination
We may suspend or terminate your access to the Service at any time, including where your trading account with CFS is suspended, closed or in default, where these Terms are breached, or where we reasonably believe suspension is necessary to protect the Service, CFS, or other users. You may stop using the Service at any time by no longer logging in; this does not, on its own, end your separate trading account with CFS.
21. Force majeure
CFS is not liable for any delay or failure to perform its obligations connected with the Service to the extent caused by events beyond its reasonable control, including natural disasters, supply chain disruption, internet or telecommunications outages, or actions of government authorities.
22. Privacy
Our collection and handling of your personal information through the Service is described in our Privacy Policy, which forms part of these Terms.
23. Electronic communications & notices
By using the Service, you consent to receiving communications from CFS electronically, including on-screen messages, email, and push notifications where you have allowed them (see clause 15 (Notifications)). Notices to CFS under these Terms should be sent to the contact details in clause 29 (Contact us).
24. Governing law & jurisdiction
These Terms are governed by the laws of New South Wales, Australia. You and CFS submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from those courts.
25. Resolving disputes
If a dispute arises in connection with the Service, please first contact CFS using the details in clause 29 (Contact us) so we can try to resolve it informally. This does not limit either party's right to seek any remedy available at law.
26. Assignment
You may not assign or transfer your rights or obligations under these Terms without CFS's prior written consent. CFS may assign or transfer its rights and obligations under these Terms, including in connection with a business restructure, sale or merger.
27. Severability & waiver
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force. A failure by CFS to enforce any provision is not a waiver of its right to do so later.
28. Changes to these terms
We may update these Terms from time to time to reflect changes to the Service, our services, or applicable law. Material changes will be indicated by an updated "Last updated" date at the top of this page, and continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.
29. Contact us
Questions about these Terms can be directed to Cosmo Food Service at info@cosmofoodservice.com.au, through the Contact Us section of our website or the Support section of our app, or at any branch listed there.