Terms of use

These terms of service (“TOS”) apply to you and Cozy Farm Inc., address Melbourne’s GPO 434 Bourke St. Dhaka VIC 3074, Australia, (Cozy Farm) regarding your use of Cozy Farm' games, websites, discussion forums, and related services (“Services“). Use of the Services is also governed by Cozy Farm' Privacy Notice (available at cozybirds.co/privacy-policy), which is incorporated by reference.

As a precondition for using the Services, you must agree to these TOS. If you accept these TOS, you represent that you are of the age of majority in your country of residence. If you are under the age of majority or otherwise do not have the authority to enter into agreements such as these TOS, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these TOS.

By using or otherwise accessing the Services, you agree to these TOS. If you do not agree to these TOS, you may not use or otherwise access the Services.

Unless otherwise specified, the Services do not require you to pay money to use or download but may contain features that may allow you to make purchases within the Services. You may be required to have an internet connection to access or use the Services. You are responsible for any internet connectivity or mobile charges you may incur by accessing or using the Services.

Right to Use the Services

Subject to these TOS, Cozy Farm hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal, non-commercial use. The rights granted to you are subject to your compliance with these TOS.

Except as set forth above, you do not receive any other license. Cozy Farm retains all right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialogue, settings, artwork, sound effects, musical works, gameplay recordings made using the Services, moral rights, in each case whether registered or not and all applications thereof. Unless expressly authorized by applicable law, the Services may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without Cozy Farm' prior written consent. Cozy Farm reserves all rights not expressly granted to you herein.

The Services and their content are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Services, including, but not limited to, the Virtual Items appearing in or originating from the Services, whether earned in the Services or purchased from Cozy Farm or its authorized partners.

Purchases in the Services

Cozy Farm may license to you certain virtual goods or other content (e.g. in-game items or currency) which may be used within the Services and which you may purchase with “real world” money or earn or redeem through gameplay (“Virtual Items“). Virtual Items are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis solely for non-commercial use.

Unless expressly authorized in the Services, you may only purchase Virtual Items from Cozy Farm or its authorized partner and the transfer or sale of Virtual Items is prohibited.

Virtual Items do not have an equivalent value in real world money and are not a substitute for real world money. Neither Cozy Farm nor any other person or entity has any obligation to exchange Virtual Items for anything of value. Cozy Farm is not liable for hacking or loss of your Virtual Items.

Price and availability of Virtual Items are subject to change without notice.

All purchases and redemptions of Virtual Items made through the Services are final and non-refundable. You acknowledge and consent that Virtual Items are provided to you immediately upon purchase and that you forfeit any right to cancel or withdraw from the purchase once the process has commenced. Accordingly, you agree that Cozy Farm is not required to provide a refund for Virtual Items for any reason. You further acknowledge that you will not receive money or other compensation for unused Virtual Items, regardless of whether your loss of license under these TOS was voluntary or involuntary. The foregoing does not affect your rights under applicable law, including those you may have based on the legal guarantee of conformity described in Section “Disclaimer”.

If you ask for your personal data to be deleted as described in Cozy Farm' Privacy Notice, you will permanently forfeit all of your Virtual Items without the right to refund, as Cozy Farm will no longer be able associate such Virtual Items with you.

Code of Conduct

You agree that you will not, under any circumstances:

Use, either directly or indirectly, any cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Services.
Use the Services in violation of any applicable law or regulation.
Use the Services for commercial purposes, including, but not limited to, to advertising, or solicitation, or transmission of any commercial advertisements such as spam emails, chain letters, pyramid or other get-rich-quick schemes.
Use the Services for fraudulent or abusive purposes including, but not limited to, using the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Services;
Disrupt, interfere with, or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users’ experience when using the Services.
Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers used to offer or support the Services.
Attempt to gain unauthorized access to the Services, to accounts registered to others or to the computers, servers, or networks connected to the Services by any means other than the user interface provided by Cozy Farm, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, encryption, or software that is part of the Services.
Post any information, content or other material (or post links to any information or content) that contains nudity, excessive violence or is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously offensive or otherwise objectionable.
Engage in ongoing toxic behavior, such as repeatedly posting information on an unsolicited basis.
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Cozy Farm employees, directors, officers, and customer service representatives.
Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity, or which impersonates any other person, including, but not limited to, a Cozy Farm employee, director or officer.
Unless specifically authorized by Cozy Farm, attempt to decompile, reverse engineer, disassemble, or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by Cozy Farm, or to obtain any information from the Services using any method not expressly permitted by Cozy Farm.
Solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Services.
Harvest, scrape or collect any information about or regarding other people that use the Services, including, but not limited to, through use of pixel tags, cookies, GIFs or similar items that are sometimes also referred to as spyware.
Post anyone’s private information, including personally identifiable information/personal data (whether in text, image or video form), identification documents, or financial information through the Services.
Engage in any act that Cozy Farm deems to conflict with the spirit or intent of the Services or make improper use of Cozy Farm' support services.

Accounts and Login Information

Certain elements of the Services may enable you to create an account or otherwise register with the Services (“Account”). You may be required to select a password for your Account or you may also use other credentials to access the Account (“Login Information“).

You agree that you will not give your Login Information to anyone else or allow anyone else to use your Login Information or Account. You are solely responsible for maintaining the confidentiality of your Login Information. Cozy Farm is entitled to assume that any use of your Login Information or Account is made by you, and you are responsible for any actions (including, but not limited to, any purchases) taken using your Account or Login Information. You agree to compensate Cozy Farm for any losses or harm that result from your failure to keep your Login Information confidential.

You agree that you have no ownership or property interest in or to any Account. Cozy Farm reserves the right to delete your Account if Cozy Farm observes no activity by you in relation to the Account for 180 days or more. In such event, you may no longer be able to access and/or use any Virtual Items associated with that Account and no refund will be offered to you.

User Contributions

The Services may allow you to create content, including, but not limited to, gameplay maps, game profiles, characters, items, screenshots or videos of your gameplay (collectively “User Contributions”).

In exchange for use of the Services, you hereby grant Cozy Farm a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Contributions in any way and for any purposes including, but not limited to, the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any current or future means and to distribute your User Contributions without any further notice or compensation to you of any kind. Where not expressly prohibited by applicable law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Cozy Farm' (including its licensees, successors, and assigns) and other players’ use and enjoyment of your User Contributions in connection with the Services and related goods and services. The foregoing grant of license to Cozy Farm and waiver of any applicable moral rights survives any termination of these TOS.

Cozy Farm and its directors, officers and employees do not accept or consider unsolicited idea or product submissions of any kind (e.g. game or other product ideas, stories, screenplays, artwork, musical or audiovisual works, concepts or any other creative materials) in any format, by means of any transmission (“Unsolicited Content”). Please do not submit any Unsolicited Content to Cozy Farm or its directors, officers, or employees. However, if you submit Unsolicited Content to us, you agree that such Unsolicited Content will not be treated as confidential, regardless of any statement to the contrary in the Unsolicited Content, any accompanying message, or elsewhere. You further agree that such Unsolicited Content may be used and exploited by Cozy Farm without compensation to you or any third party and you grant Cozy Farm a perpetual, non-exclusive, irrevocable, fully paid, royalty free, sub-licensable and transferable (in whole or in part) worldwide license to use, exploit, reproduce, transmit, amend, display and exhibit Unsolicited Content in all current or future media for any purpose and to create derivative works based upon the Unsolicited Content.

User Interactions

Cozy Farm assumes no responsibility for the conduct of other users of the Services or for monitoring the Services for inappropriate content or conduct. Cozy Farm does not, and cannot, pre-screen or monitor all content or conduct of users. Your use of the Services is at your own risk.

By using the Services, you may be exposed to content or conduct that is offensive, indecent, or otherwise not in line with your values. Cozy Farm may utilize technology to monitor and/or record your interactions with the Services or communications within the Services (including, but not limited to, chat text or voice communications). You irrevocably consent to such monitoring and recording and agree that you have no expectation of privacy concerning the transmission of any content within the Services, including, but not limited to, chat text or voice communications. You understand that your User Contributions, communications within the Services, and/or your interactions with the Services may be displayed to or viewable by other users of the Services or the general public.

Cozy Farm reserves the right at its sole discretion to review, monitor, prohibit, edit, delete, disable access to, or otherwise make unavailable any content made available by users of the Service without notice for any reason or for no reason at any time. If at any time Cozy Farm chooses, at its sole discretion, to monitor the Services, Cozy Farm nonetheless assumes no responsibility for content made available by users of the Services, and Cozy Farm assumes no obligation to modify or remove any inappropriate content.

You acknowledge that Cozy Farm is not a party to any dispute you may have with any other user(s) of the Services. Cozy Farm has no obligation to become involved in any such dispute. You release Cozy Farm and its subsidiaries (and Cozy Farm' and its subsidiaries’ officers, directors, agents, joint ventures, shareholders and employees) from all claims, demands, and damages related to any such dispute.

Binding Arbitration / Class Waiver

To the extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise. You and Cozy Farm agree that there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures, there is no right or authority for any dispute to be brought in a purported representative capacity or as a private attorney general, and no arbitration shall be joined with any other arbitration.

Availability, Compatibility, and Changes to the Services

Cozy Farm does not guarantee that the Services are available at all times or will continue to be available in the future. The Services may be temporarily unavailable due to technical issues or maintenance related reasons, which may occur on a scheduled or unscheduled basis. Furthermore, the Services or parts thereof may be designed to be available only for a limited time (e.g. when content is seasonal or early access is provided to a development version of a game), or their life cycle may be affected by technological developments or changes in consumer behavior. Accordingly, Cozy Farm reserves the right to stop offering and/or supporting the Services or parts thereof (e.g. a game or a feature of a game) at any time, at which point your license to use the Services or such parts thereof will be terminated automatically. In such an event, unless otherwise required by applicable law, Cozy Farm does not have to provide refunds for the Services or any Virtual Items. Where appropriate, Cozy Farm will take reasonable measures to provide advance notice when any Services or parts thereof are discontinued. However, Cozy Farm may limit, suspend or terminate the Services or parts thereof without notice, and take technical and legal steps to prevent you from accessing the Services, if Cozy Farm believes you or any other user(s) are causing a risk of legal liability or infringement of third-party intellectual property rights or are not acting in accordance with the letter or spirit of these TOS.

The Services may have limited compatibility across different devices and operating systems. You are responsible for verifying that the Services are compatible with your device and its operating system. Generally, more information regarding compatibility requirements is available at the point of first use or download (e.g. in the relevant app store).

The Services are intended to evolve over time. Accordingly, Cozy Farm may change, manage, modify, or update the Services or parts thereof (including, but not limited to, Virtual Items) from time to time. This may result in content or features being added, removed, or modified (e.g. gameplay modes or areas being added or removed or Virtual Items having their appearance or power altered). Cozy Farm may, at its sole discretion, make any such changes as it believes to be necessary to maintain and improve the Services, including, but not limited to, introducing, modifying, or removing game content and features according to Cozy Farm' development roadmap, adapting to new technologies, reflecting changes to Cozy Farm' agreements with third parties, preventing abuse or technical issues, and addressing any legal, safety, or regulatory requirements. When changes are made to the Services, you may be required to download and install an update to continue using them. If you do not, you may be unable to access or use the Services or parts thereof (e.g. online play and features may only be available to those who are using the latest version of a game).

Disclaimer

To the fullest extent permissible under applicable law, the Services are provided to you “AS IS,” without warranty, assurances, or guarantees of any kind. The Services may have defects, and your use is solely at your risk. Cozy Farm does not make, and hereby disclaims any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including, but not limited to, location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising in the course of dealing, usage, or trade practices. Cozy Farm does not warrant against interference with your enjoyment of the Services; that the Services will meet your requirements; that operation of the Services will be uninterrupted or error-free; that the Services will interoperate or be compatible with any other services; or, that any errors in the Services will be corrected. No oral or written advice provided by Cozy Farm, its employees or other representatives constitute a warranty.

Some jurisdictions do not allow disclaimers such as those set forth above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS shall infringe upon the statutory rights that you may have as a consumer of the Services. Specifically, if you are a consumer based in the EEA, you are provided with a legal guarantee of conformity under which Cozy Farm may be liable for a lack of conformity that you discover: (i) within two years from any one-time supply of the Services (such as the supply of a Virtual Item); or (ii) at any time during any continuous supply of the Services.

Limitations of Liability

In no event will Cozy Farm be liable for special, incidental, or consequential damages resulting from access, use or malfunction of the Services, including, but not limited to, damages to property, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to these TOS or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not Cozy Farm has been advised of the possibility of such damages. In no event will Cozy Farm' total aggregate liability arising out of or in connection with these TOS, the Privacy Notice, or the Services exceed the higher of: (i) the actual price (if any) you paid for the license to use Virtual Items or Services; or (ii) one hundred dollars ($100). The exclusions and limitations of damages are fundamental elements of the basis of the agreement between Cozy Farm and you. For purposes of this Section “Limitations of Liability,” Cozy Farm' licensors and other partners are third-party beneficiaries to the limitations of liability specified herein and may enforce these TOS against you.

Some jurisdictions do not allow certain limitations of liability such as those stated in this Section; thus, the above terms may not apply to you. Instead, in such jurisdictions, the limitations of liability in this Section shall apply only to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS will infringe upon any statutory rights you may have as a consumer of the Services.

You agree to indemnify, defend and hold Cozy Farm and its subsidiaries (and Cozy Farm' and its subsidiaries’ officers, directors, agents, joint ventures, shareholders and employees) harmless from any claim, demand, damages, or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of your use of the Services or any breach by you of these TOS; however, the foregoing does not apply if the third-party claim is not attributable to your intentional or negligent behavior.

Copyright and DMCA

If you believe the Services or any of its content infringes your copyrights, please send a notice to via email to: [email protected]. Notices sent to the specified address will reach Cozy Farm' registered DMCA agent.

Please include all of the following in your DMCA notice:

Identify the copyrighted work that you claim has been infringed. If your DMCA notice covers multiple works, you may provide a representative list of such works.
Identify what you claim is the infringing material, including a description of where the material is located. Your description must be reasonably sufficient to enable Cozy Farm to locate the material.
Provide your full legal name, mailing address, telephone number, and (if available) email address.

Include the following statement in the body of the DMCA notice:

“I have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. I represent that the information in this DMCA notice is accurate and, under penalty of perjury, that I am the owner of the copyright or authorized to act on the copyright owner’s behalf.”

Please note that if you knowingly misrepresent that a material or activity is causing infringement, you may be liable for damages, including the costs and attorneys’ fees incurred by Cozy Farm or its users. If you are unsure whether the material or activity you are reporting is causing infringement, you may wish to contact an attorney before serving a notice to Cozy Farm.

Third-party Products and Services

The Services may link to or otherwise make available third-party products or services, including, but not limited to, through third-party advertisements, connectivity to social media or community services, or gameplay recording or sharing services. These products and services are subject to the respective third party’s terms and conditions. Please read these third-party terms and conditions carefully as they constitute an agreement between you and the relevant third-party service provider to which Cozy Farm is not a party. You understand that Cozy Farm neither endorses nor makes any promises regarding the content, goods or services provided by such third parties. Cozy Farm is not liable to you for any losses or harm caused by such third parties or any charges you incur in relation to such third parties. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and you understand Cozy Farm' Privacy Notice does not apply to such data.

Changes to these TOS

Cozy Farm may update these TOS from time to time in response to changing legal, technical or business developments without notice to you. When Cozy Farm updates these TOS, Cozy Farm will take appropriate measures to inform you via the Services or otherwise, in accordance with the significance of the changes made.

By continuing to access or use the Services after updates become effective, you agree to be bound by the updated TOS.

General

Entire Agreement: These TOS set out the entire agreement between you and Cozy Farm regarding the Services and supersede all earlier agreements and understandings between you and Cozy Farm.

Assignment: Cozy Farm may assign these TOS, in whole or in part, to any person or entity at any time with or without your consent, provided that such assignment does not reduce your rights under these TOS. You may not assign or delegate any rights or obligations under these TOS without Cozy Farm' prior written consent, and any unauthorized assignment and delegation by you is void.

Severability: If any provision of these TOS is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these TOS will remain in full force and effect. Cozy Farm' failure to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision. These terms may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by these terms.

No Waiver: Any failure by Cozy Farm to exercise or enforce any of its rights under these TOS does not waive its right to enforce such right. Any waiver of such rights shall only be effective if made in writing and signed by an authorized representative of Cozy Farm.

Contact Information: If you have any questions about these TOS, please contact [email protected].

Referral Program

For a limited period, Cozy Farm will pay a commission on purchases made by a Referee.

The referral program is subject to the following conditions:

The Referrer must be an existing user of the Website.
All members of the program, referrer and referees are subject to all other terms and conditions of the website, which in case of dispute, are held above this section.
All members of the program must be over the age of 16 years.
To be eligible for this program, Referees must not have had any active account on Cozy Farm from which a payment was made within the six (6) months immediately prior to creating the new account.
This program may be withdrawn for a specific user or set of users in cases of disputes between Referee and Referrer, or for any other reason.
Cozy Farm reserves the right to disallow use of this program in its sole and absolute discretion, with respect to fair use of this program, or to prevent any suspected fraud.
Cozy Farm reserves the right to require submission of further information from any party applying to make use of this promotion, for investigating fraud and for risk management and related purposes.
Cozy Farm reserves the right to cancel or amend this program at any time.
Cozy Farm reserves the right to cancel the program in any region if it is deemed or becomes unlawful to offer the program to any resident of that region.
Cozy Farm reserves the right to cap the total earnings available under the program.
Cozy Farm reserves the right to reverse commissions earned if it determines that the referrers or referees are not acting as users of the Services in good faith.
Referral commission is only reserved for referring users who act at all times in good faith and who signed up to the Services with actual intent of using the Services for their intended purposes.
Cozy Farm reserves the right to remove commissions or remove users from participating in the program if the company determines the users to be acting in bad faith and are abusing the program.
The decisions of management are final. No correspondence will be entered into.
Management, employees of Cozy Farm and its related companies are not eligible to participate in this program.
Any term or condition in these terms found to be void or unenforceable may be severed and the remaining terms and conditions will continue in full force and effect.
Cozy Farm is not liable for any loss or damage whatsoever which is suffered (including but not limited to, direct or consequential loss) or for any personal injury suffered or sustained in connection with entry into the referral program.

Funds

Funds in your Account are not held separately by us, and may be commingled with our general operating funds, and/or funds of other User's Accounts.

You are not entitled to any interest, or other earnings for funds that are in your Account.

We may receive interest on funds held by us in our operating accounts. Any such interest earned belongs to us and we will not be liable to any User for any imputed interest on such funds.

If your Account has negative funds, we may:

offset the negative amount with funds that you subsequently receive into your Account;
reverse payments you have made from your Account to other User Accounts on the Services;
deduct amounts you owe us from money you subsequently add or receive into your Account; or
immediately suspend or limit your Account until such time as your Account no longer has a negative amount.

In the event that we offset a negative amount of funds pursuant to this section, it may be bundled with another debit coming out of your Account.

We reserve the right to collect any funds owed to us by any other legal means.

You acknowledge and agree that:

we are not a bank or other licensed financial institution and do not provide banking services or any financial services to you;
the funds shown in your Account represents our unsecured obligations to you with respect to your rights to direct us to make payment in relation to the purchase and sale of Virtual Items through the Services and provision of the Virtual Item Services;
to the extent that we are required to release funds from your Account to you, you will become our unsecured creditor until such funds are paid to you;
we are not acting as a trustee or fiduciary with respect to such funds or payments;
the amount of funds showing in your Account is not insured and is not a guaranteed deposit;
you must only use the mechanisms available on the Website to pay for, or receive funds in respect of Virtual Items;
all payments made on this site are non-refundable; however all refunds made at our sole discretion will be made to your account balance on the relevant Service, and not to your original payment source;
we will hold funds in respect of the amount of your Account in an account held by us with a financial institution (or in any manner that we decide in our sole discretion from time to time) and such funds are not segregated into a separate account; and
we may commingle your funds with funds of other Users and our own funds and such commingled funds could be used to pay other Users or for our general corporate purposes or otherwise, however, we will remain obliged to release funds at your direction in accordance with these terms.

Refunds

All payments/purchases made on this website are non-refundable.

Without limiting the foregoing, we may refund funds to Users irrespective of whether a User has requested funds be refunded if:

we determine that refunding funds to the User will avoid any dispute or an increase in our costs;
we refund funds to the User in accordance with any refund policy specified by us from time to time;
we are required by law or consider that we are required by law to do so;
we find out that the original payment made by the User is fraudulent;
the User made a duplicate payment in error; or
we consider, in our sole opinion, that it is likely that the refund of funds is necessary to avoid a credit card chargeback.

If we agree to the refund, the funds will be received by the User via the same payment method(s) that the User used to make the original payment to us.

You can request a refund by emailing us at [email protected].

If you initiate any chargeback request or other "Request for Information" or similar process, you expressly agree and consent to us to share any and all information in relation to your agreement of these terms and conditions, in order to defeat any such chargeback request.

If we reasonably determine, having considered all the relevant circumstances, that you have made an excessive or unreasonable number of requests to refund funds back to you or chargebacks, we may suspend, limit or close your Account.

Withdrawals

Your first withdrawal of funds earned may be delayed for up to ten working days for security and fraud prevention purposes.

Subsequent withdrawals may be delayed for up to ten days where our fraud prevention policies require a delay.

We may impose a minimum withdrawal amount for funds earned. This amount is subject to change. The maximum you can withdraw per month is $10,000 unless otherwise specifically agreed with support.

A processing fee may apply at the time of making a withdrawal.

We may require you to verify your identity before you can withdraw funds from your Cozy Farm Account, irrespective of whether or not a delay has been enforced.

You acknowledge and agree that we may seek to verify your identity or request additional information from you as part of our anti-fraud and Know Your Customer policy, as outlined in the section on "Identity / Know Your Customer" sections of these terms.

Limits & Fraud Prevention

We reserve the right to suspend a User withdrawal request if the source of the funds is suspected to be fraudulent.

If we become aware that any funds received into an Account from another Account are a result of a fraudulent transaction, this will be reversed immediately. If those funds have already been released to you, you must pay the funds into your Account by funding your balance. If you do not do so, we may suspend, limit or cancel your account, or take action against you to recover those funds.

We may, in our sole discretion, place a limit on any or all of the funds in your Account (thereby preventing any use of the funds) if:

we believe there may be an unacceptable level of risk associated with you, your Account, or any or all of your transactions, including if we believe that there is a risk that such funds will be subject to reversal or chargeback;
we believe that the beneficiary of the payment is someone other than you;
we believe that the payment is intended for money-laundering purposes;
we believe that the payment is being made to or from a country where we do not offer our Service; or
we are required to do so by law or applicable law enforcement agencies.

If you are involved in a dispute, we may (in certain circumstances) place a temporary limit on the funds in your Account to cover the amount of any potential liability. If the dispute is resolved in your favour, we will lift the limit on your funds and those funds may be released to you. If the dispute is not resolved in your favour, we may remove the funds from your Account. We may also place a limit on your account in circumstances where we suspect you of fraudulent or other unacceptable behaviour, while we investigate any such matter.

Chargebacks

A chargeback (being a challenge to a payment that a User files with their card issuer or financial institution), and any subsequent reversal instruction, is made by the payment product issuer or third parties (such as payment processors) and not by us. We are bound to follow such instructions.

You acknowledge and agree that we will be entitled to recover any chargebacks and reversals that may be imposed on us by a payment product issuer or third parties (such as payment processors) on funds paid into your account through the Website, as well as any processing or any other fees whatsoever incurred by us on those chargebacks and reversals.

Taxes

You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided.

You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.

Identity / Know Your Customer

You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request:

provide further information to us, which may include your date of birth and or other information that will allow us to reasonably identify you;
take steps to confirm ownership of your email address or financial instruments; or
verify your information against third party databases or through other sources.

You must also, at our request, provide copies of identification documents (such as your passport or driver's licence). We also reserve the right to request a video interview with you to validate this information, your identity, your background and your skills.

We reserve the right to close, suspend, or limit access to your Account, the Website and/or our Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.

We reserve the right to update your particulars on the website in order to match any identity documentation that has been provided. Disbursements such as bank and wire transfers from the website may only be made to the beneficiary matching your provided identity documents and account information.

Advertising

We may display advertisements or promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws.

Right to Refuse Service

We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:

if we determine that you have breached, or are acting in breach of these terms of use;
if we determine that you have infringed legal rights (resulting in actual or potential claims), including infringing Intellectual Property Rights;
if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
you do not respond to account verification requests;
you do not complete account verification when requested within 1 month of the date of request;
our banking and payment relationships otherwise preclude us from conducting business with you;
to manage any risk of loss to us, a User, or any other person; or
for other reasons.

If we close your Account due to your breach of these terms, you may also become liable for certain fees as described in these terms.

Without limiting our other remedies, to the extent you have breached these terms, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.

You acknowledge and agree that:

the damages that we will sustain as a result of your breach of these terms will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors and Users and that those damages may be extremely difficult and impracticable to ascertain;
if you breach these terms, we may fine you up to $5,000 for each breach and/or we may take legal action against you to recover losses that are in excess of the fine amount;
a fine of up to US$5,000 is a presently reasonable pre-estimate or minimum estimate of our damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to us that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult;and
we may release the entire (or part of the) amount of the fine from your Account to us.

If we close your Account for a reason other than as a result of your breach of these terms, unless as otherwise specified in these terms, you will be entitled to receive any payment due from us to you.

In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.

Survival & Release

These terms supersedes any other terms between you and the Cozy Farm. If any part of this document is found to be unenforceable, that part will be limited to the minimum extent necessary so that this document will otherwise remain in full force and effect. Our failure to enforce any part of this document is not a waiver of any of our rights to later enforce that or any other part of this documents. We may assign any of our rights and obligations under this document from time to time.

If there is a dispute between participants on this site, or between users and any third party, you agree that the Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release the Company, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

Closing Your Account

You may close your Account at any time. The option is located in the Settings section.

Account closure is subject to:

resolving any outstanding matters (such as a suspension or restriction on your Account); and
paying any outstanding fees or amounts on the Account.

We may retain some of your personal information to satisfy regulatory requirements and our own external obligations. Closing your account does not necessarily delete or remove all of the information we hold.

Indemnity

You will indemnify us (and our officers, directors, agents, and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using this Website and our Services.

In addition, we can apply any funds in your Account against any liabilities you owe to us or loss suffered by us as a result of your non-performance or breach of these terms.

Limitation of Liability

In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:

any indirect, special, incidental or consequential damages that may be incurred by you;
any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.

The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.

Notwithstanding the above provisions, nothing in these terms is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation.

To the extent that we are able to limit the remedies available under these terms, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion) to the supply of our services again or the payment of the cost of having our services supplied again.

Legal Limitations

As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.We may plead these terms of use in bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any transaction or otherwise in respect of these terms.

You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other Users.

Notices

Legal notices will be served or to the email address you provide to Cozy Farm during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to any address provided by you during the course of your use of this Website. In such case, notice will be deemed given three days after the date of mailing.

Any notices to Cozy Farm must be sent to [email protected], or by registered airmail.

Law & Forum For Legal Disputes

This Agreement will be governed in all respects by the laws of Australia. We encourage you to try resolving disputes amicably. If a dispute cannot be resolved then you and Cozy Farm irrevocably submit to the non-exclusive jurisdiction of the courts of Australia.

Disputes With Us

If a dispute arises between you and Cozy Farm, our goal is to address your concerns immediately and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by using our contact page or emailing us at [email protected].

For any claim, Cozy Farm may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If Cozy Farm elects arbitration, such arbitration will be initiated through an established alternative dispute resolution provider, which is to be selected by you from a panel of ADR providers that Cozy Farm will provide to you. The ADR provider and the parties must comply with the following rules:

the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;
the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties;and
any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

All claims you bring against Cozy Farm must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to these terms shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to these terms, Cozy Farm may recover its legal fees and costs (including in-house lawyers and paralegals), provided that Cozy Farm has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

You agree that you will not pursue any claims arising under these terms on a class or other representative basis and will not seek to coordinate or consolidate any arbitration or action hereunder with any other proceeding.

If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, Cozy Farm will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of these terms.

Cozy Farm's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Interpretation

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

No Waiver

Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.

Communications

You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.

Additional Terms

It is important to read and understand all our policies as they provide the rules for playing on the Cozy Farm Services. In addition there may be specific policies or rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply. Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our Websites.

Each of these policies may be changed from time to time. Changes take effect when we post them on the Cozy Farm Website. When using particular services on our Website, you are subject to any posted policies or rules applicable to services you use through the Website, which may be posted from time to time. All such policies or rules are incorporated into these terms.

Indemnification

You hereby indemnify to the fullest extent Cozy Farm from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Updating Your Information

We take steps to ensure that the personal information we collect is accurate and up to date, and we provide you with the opportunity to update your information through your account profile settings. In the event that you believe your information is in any way incorrect or inaccurate, please let us know immediately. We will make sure we investigate the matter and correct any inaccuracies as quickly as possible where necessary or give you ways to update it quickly or to delete it - unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we will ask you to verify your identity before we can act on your request. If for any reason you have a problem with deleting your personal information, please contact Cozy Farm's Customer Support and we will make reasonable efforts to delete any such information pursuant to any applicable privacy laws.

You can review and change your personal information by logging into the Site and visiting your account profile page.

If you delete your User Generated Content (“UGC”), as defined in the Cozy Farm Terms of Service, from the Site, copies of your UGC may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. Proper access and use of information provided on the Site, including UGC, is governed by our Terms of Service.

Updating Your Information

You can review and change your personal information by logging into the Site and visiting your account profile page.