Private / Group Classes and Functions

Bookings

Purchasing Online

1. MINIMUM AGE AND LEGAL CAPACITY

Purchasing products or services on this website is restricted to individuals 18 years of age or older. Individuals below the age of 18 may have purchases made on their behalf by a parent or guardian.

Should we suffer any loss or damage as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.

2. ACCURACY OF PRODUCT DESCRIPTION

All products and services listed on this website are described to the best of our abilities and using the information available to us at the time. Care is taken to ensure that this information is correct, but we cannot eliminate the possibility of:

• Human error in entry of information
• Incorrect information provided to us by suppliers or distributors
• Failure of suppliers or distributors to supply updated information to us

We reserve the right to change any information including but not limited to pricing, specifications, descriptions, or product names without notice.

3. PAYMENT

All orders on this website must be pre-paid before fulfilment. All orders are placed in Australian dollars.

In the case that you pay for an order with your credit card, we do not store your credit card number on our servers, however it may be retained by our payment gateway provider in circumstances where this is required.

In the case of offline payment, we will contact you to arrange payment. This process must be completed before your order can ship.

In cases where your payment for an order fails for reasons including but not limited to insufficient card credit, or cheque dishonour, we do not warrant that stock will be held until an alternate payment method is available or the original payment method made to function.

4. PRICES AND TAXES

Prices are displayed to Australian visitors of this website (unless otherwise marked) including GST if applicable to the product, and in Australian Dollars.

If we determine that you are in a foreign country, we may display prices to you without GST and/or in alternate currencies.

5. RETURN POLICY

In the case of purchase of a physical product from this website which satisfies one or more of the following cases we will gladly arrange a refund or exchange of the product:

• The product proves faulty within 14 days of receiving the product and/or date of invoice
• The product does not match its description as provided when sold
• The product received is not the product ordered
• The product has been damaged in transit

Please contact us immediately if any of the above occurs to arrange a return. Products returned without prior notice will be rejected.

Please ensure that returned products are safely packed in their original packaging. We will not be held liable for damage to products incurred during return shipping.

Refunds will be issued to the extent required by the Trade Practices Act 1974 (Cwth) and Sale of Goods Act 1958 (Vic). No part of these terms of use is to be taken as an express or implied repudiation of our obligations under these pieces of legislation.

6. SECURITY

We use industry-standard SSL encryption where applicable to protect the privacy of information in transit between this website, yourself, and our suppliers including payment gateways.

You acknowledge that the security of communications sent by electronic means cannot be guaranteed. You provide information to us via the internet at your own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, your personal information where the security of information is not wholly within our control.

7. LIMITATION OF LIABILITY

Under no circumstances will we be liable for any direct, indirect, incidental, consequential or other damages resulting from the purchase, delivery, use, or return of any product or service purchased from this website beyond the value of the item purchased, including but not limited to loss of profits or interruption to business.

General Terms

1. GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia.

2. ACCESS

While we make every reasonable effort to ensure that the website is available and fully operational at all times, we do not make any representation or warranty that your access will be uninterrupted or error free. Your access to this website may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

We reserve the right to change or discontinue any feature or service on the site at any time without notice.

We reserve the right to terminate your access to this website and prevent further access without warning or notice in response to breaches of this policy by yourself, breaches of any applicable laws, or suspicious activity.

3. CONDUCT

You must not use, or attempt to use this website:

• in breach of any applicable laws of the State of New South Wales, Commonwealth of Australia, or local laws in your jurisdiction
• to impersonate any person or entity
• to solicit money, passwords, personal information or other property from any person or entity
• to harm, abuse, harass, threaten, stalk, intimidate or offend any person or entity
• to publish or facilitate publication of personal information of a third party without their consent
• to publish or facilitate publication of material for which you do not have ownership, title, or consent from the owner or title holder to do so
• to publish or facilitate publication of pornographic or offensive material
• to publish or facilitate publication of material including viruses or other computer code, files, or programs designed to interrupt or damage the functionality of computer software or hardware
• to publish or facilitate publication of advertising material for yourself or any other party without our express consent to do so

Breaching of these rules of conduct may result in termination of your access to this website and prevention of further access without warning or notice.

4. PRIVACY

Please review our Privacy Policy, which also governs your visit to this website, to understand our practices.

5. COPYRIGHT

Except where expressly provided to the contrary by these terms, you do not have any right, title or interest in or to any proprietary rights relating to the website.

This website may contain material that is protected by copyright, trade mark, and other laws. Except where expressly provided to the contrary, you may only reproduce and distribute the material on the website for your own personal, non-commercial use. Material published on or sourced from this website must not be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or in part without our prior written consent, with the following exceptions:

• Where such use, reproduction, etc, constitutes Fair Use under the Copyright Act
• Where such use, reproduction, etc, is undertaken by normal processes on your computer only (such as your web browser's cache).

6. THIRD PARTIES

Certain areas of this website may contain links to external websites. These external websites do not form part of this website and are not within our control. We do not accept any responsibility for the contents of any third party website.

Certain areas of this website may display third party advertising. Our display of this advertising should not be construed in any way as an endorsement or recommendation of the advertising network, advertiser, or their products or services.

Certain areas of this website may provide the ability to contact third parties. If you contact any third party as a consequence of visiting this website, we do not accept any responsibility for any communications or activity (including but not limited to business transactions) between yourself and the third party.

7. LIMITATION OF LIABILITY

Your use of this website is undertaken at your own risk.

To the extent permitted under the Trade Practices Act 1974 and other relevant legislation, this website and all information, content, materials, products and services included or otherwise made available are provided on an ‘as is’ basis, unless otherwise specified. We make no representations or warranties of any kind, express or implied, as to the accuracy of information on this website.

By continued use of this website, you agree that we will not be held liable for any damages of any kind arising from the use of this website or from any information, content, materials, products or services therein, unless otherwise specified in writing.

In the case of goods or services supplied or offered via this website, our liability will be limited to the amount paid by yourself (excluding any shipping and/or handling charges) for those goods and services.

8. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

9. CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@bakeclub.com.au.

BakeClub & Co. Terms of Use

Last Modified: 10 January 2024

These BakeClub & Co. Terms of Use are the terms that apply to your use of the BakeClub & Co. We hope that these will help ensure the community is valuable to you. These Terms of Use also protect the interests of all of our members, as well as our goodwill and reputation. By joining and using BakeClub & Co., you are agreeing to these terms.

Every community user of ours agrees to abide by these Terms of Use and is responsible for any violations. You are not allowed to assist or engage others in a way that would violate these Terms of Use. We will enforce and ensure compliance with these  Terms of Use by using methods we consider to be appropriate.

We reserve the right to modify these Terms of Use at any time without giving you prior notice. Your use of the community following any such modification constitutes your agreement to follow and be bound by these Terms of Use as modified. 

1. Definitions

"Agreement" or "Terms of Use" means these BakeClub & Co. Terms of Use and all materials referred or linked to in here.

"Community Content" means all content, including without limitation, language, data, information, and images, provided through or disclosed by use of the BakeClub & Co. community, whether by us, our members, or other users of BakeClub & Co. Community Content does not include Your Content.

"Community Guidelines" means the policies applicable to users of BakeClub & Co. which we have published here.

"BakeClub & Co." means the online community accessible here. 

"Sensitive Information" means credit or debit card numbers; personal financial account information; Social Security numbers; passport numbers; driver’s license numbers or similar identifiers; employment, financial or health information, including any information subject to regulations, laws or industry standards designed to protect data privacy and security, such as the Health Insurance Portability and Accountability Act and the Payment Card Industry Data Security Standards.

"Third-Party Products" means products and professional services that are provided by third parties which may interoperate with or be used in connection with BakeClub & Co.

"Third-Party Sites" means third-party websites linked from within or accessed through BakeClub & Co.

"BakeClub & Co.", "we", "us" or “our” means BakeClub.

"You" or "your" means the person or entity using BakeClub & Co.

"Your Content” means all content, including without limitation, language, data, information, and images, provided through or disclosed by use of BakeClub & Co, by you.

2. Access to BakeClub & Co.

We will provide you access to use BakeClub & Co. according to the terms of this Agreement.  We may use third party service providers to provide some or all elements of BakeClub & Co.  In order to access and use BakeClub & Co., you may be required to establish a username with a third party service provider, and you grant us the right to share the information necessary to enable your use of BakeClub & Co. with our third party service providers.

You may not use a username that: (i) belongs to someone else, (ii) impersonates another person, (iii) is misleading, (iv) violates any intellectual property or other proprietary rights, (v) is vulgar or offensive, (vi) uses 'BakeClub' as all or part of it, or (vii) we reject, which we may choose to do in our discretion.  All information you provide in your profile must be accurate. If you believe your access to or use of BakeClub & Co. has been breached, compromised, or unauthorised, contact us immediately.

3. Your Conduct and Content

a.  Usage Guidelines. You must review and follow the Community Guidelines. We may change the Community Guidelines from time to time by updating the applicable website. Your use of BakeClub & Co. is subject to the Community Guidelines, which are incorporated to this Agreement by reference.

b.  Acceptable Use. You will use BakeClub & Co. for its intended purpose only, and will not use it for solicitation or advertising purposes, unless we otherwise agree.  

BakeClub & Co. is meant for public discussion, so you may not disclose or solicit anyone's private information or disclose confidential information. You are responsible for the use by third parties of any personal information disclosed by you to BakeClub & Co., whether or not you permitted such use. This means that no private or personal information should be exchanged within the community.  

You are not permitted to sell, rent, lease, assign, sublicense, distribute, transmit, broadcast, commercially exploit, grant a security interest in, or otherwise transfer any right in the BakeClub & Co. community or Community Content. In addition, and without limiting the other requirements in these Terms of Use, you may not (directly or indirectly) use BakeClub & Co. with content, or in a manner that:

• is in violation of this Agreement;
• is confidential, proprietary or discloses Sensitive Information;
• discloses or solicits the private information of any person;
• is threatening, abusive, harassing, stalking, or defamatory;
• is deceptive, false, misleading or fraudulent;
• is invasive of another's privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);
• contains vulgar, obscene, indecent or unlawful material;
• infringes a third party's intellectual property right(s);
• publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so;
• uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer;
• downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;
• falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;
• restricts or inhibits any other user of BakeClub & Co. from using and enjoying our website;
• harvests or otherwise collects information about others, without their consent;
• damages, disables, overburdens, or impairs any BakeClub website or interferes with any other party's use and enjoyment of BakeClub & Co.;
• mirrors or frames the BakeClub or BakeClub & Co. website, or any part of it, on any other website or webpage;
• attempts to gain unauthorized access to BakeClub & Co., or access BakeClub & Co. by any means other than through the interface that we provide to you;
• is legally actionable between private parties; and/or
• is in violation of any applicable law or regulation.

c.  Suspension and Notice of Violations. We may immediately suspend use of BakeClub & Co., without notice, for actual or suspected violations of the terms contained in this Section 3 (Your Conduct and Content). If you know of usage that is in violation of this Agreement, please let us know.

d.  Claims of Copyright Infringement. We respect the intellectual property rights of others, and we ask our users to do the same. We may, in its sole discretion, suspend the access or terminate the accounts of users who violate others' intellectual property rights. If you believe that your work has been copied, please contact us.

e.  Our Use of Your Content. You grant to us all rights, licenses and permissions necessary to display, reproduce, disseminate, and otherwise use Your Content in connection with BakeClub & Co. We may edit or remove Your Content, or block or disable replies on a topic, at any time in our sole discretion. You also grant us the rights to re-use Your Content to market and promote BakeClub & Co., such as on our website, in public or private presentations, press releases and interviews, or in connection with our sales and marketing and other publicity efforts. We will endeavor to work with you before re-using Your Content.

4. Proprietary Rights

You are not granted a license to our trademark by this Agreement. The BakeClub and BakeClub & Co. trademark is protected by intellectual property laws. 

You must not use any of our trademarks: (a) in a misleading or disparaging way; (b) outside the scope of this Agreement; (c) in a way that implies we endorse, sponsor or approve of your services or products; or (d) in violation of applicable law or in connection with an obscene, indecent, or unlawful topic or material.

5. Third-Party Sites and Products

Third-Party Products and Third-Party Sites are not under our control. Third-Party Sites and Products are provided to you only as a convenience, and the availability of any Third-Party Site or Product does not mean we endorse, support or warranty the Third-Party Site or Product.

6. Privacy Your use of BakeClub & Co. is subject to our Privacy Policy.

7. Term and Termination

a. Term. This Agreement will apply for as long as you use or maintain a paid membership to BakeClub & Co.

b.  Termination and Suspension.  We may terminate this Agreement and/or suspend your access to BakeClub & Co. immediately if you: (i) violate any of the terms of this Agreement, (ii) use BakeClub & Co. in a way which has or may negatively reflect on or affect us, our prospects, or our present or future members, or (iii) if we determine it to be necessary or desirable in our sole discretion.  We are not obligated to provide you with any of Your Content used in connection with BakeClub & Co. after termination. Termination or expiration of this Agreement shall not cause your subscription agreement to be terminated, if you have one.

8. Your Representations and Warranties 

You represent and warrant that: (i) your participation in BakeClub & Co. will not conflict with any of your existing agreements or arrangements, (ii) you have sufficient rights to share all Your Content with us for our use and with other users of BakeClub & Co., and that you are not violating any confidentiality obligations by submitting Your Content to BakeClub & Co., and (iii) that Your Content does not violate or constitute the infringement of any intellectual property right, right of privacy, right of publicity or other proprietary right.

9. Indemnification 

You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party to the extent that such Action is based upon or arises out of (a) your use of BakeClub & Co., (b) your disclosure or solicitation of personal information, (c) any use of personal information that you disclosed, whether this use is by you or a third party, (d) your noncompliance with or breach of this Agreement, or (e) your use of Third-Party Products or Third-Party Sites. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.

10. Disclaimers and Limitations of Liability

a. Disclaimer of Warranties. WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF BAKECLUB & CO.'S PRODUCTS OR SERVICES, BAKECLUB & CO., OR THE COMMUNITY CONTENT FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, BAKECLUB & CO. IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO BAKECLUB & CO. AND THE COMMUNITY CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BAKECLUB & CO. AND COMMUNITY CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.

b.  No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.

c.  Limitation of Liability. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO FIVE HUNDRED DOLLARS.

d.  Third Party Products and Sites. WE DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS AND THIRD-PARTY SITES THAT YOU USE. OUR LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT.

YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE BAKECLUB & CO. TO YOU.

11. General

a.  Amendment; No Waiver. We may update and change any part or all of this Agreement. The updated Agreement will become effective and binding on the next business day after it is posted. When we change this Agreement, the "Last Modified" date above will be updated to reflect the date of the most recent version. We encourage you to review this Agreement periodically. If you do not agree with a modification to this Agreement, you should not use BakeClub & Co.

b.  Applicable Law. This Agreement shall be governed by the laws of Australia, without regard to the conflict of laws provisions thereof. In the event either of us initiates an action in connection with this Agreement or any other dispute between the parties, the exclusive venue and jurisdiction of such action shall be in the state and federal courts in Australia. 

c.  Force Majeure. Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.

d.  Relationship of the Parties. Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement.

e.  Compliance with Applicable Laws. You shall comply with all applicable foreign and domestic laws (including without limitation, export laws), governmental regulations, ordinances, and judicial administrative orders. Export laws and regulations of Australia and any other relevant local export laws and regulations may apply to the Community Content and BakeClub's products and services.  

f.  Correction of Errors and Inaccuracies. The Community Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update the Community Content and Your Content at any time without prior notice. However, we do not guarantee that any errors, inaccuracies or omissions will be corrected.

g.  Severability. If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.

h.  Entire Agreement. This Agreement is the entire agreement between us for BakeClub & Co. and supersedes all other proposals and agreements, whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. It is the express wish of both you and us that this Agreement and all related documents be drawn up in English. We might make versions of this Agreement available in languages other than English. If we do, the English version of this Agreement will govern our relationship and the translated version is provided for convenience only and will not be interpreted to modify the English version of this Agreement.

i.  No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

j.  Community Guidelines. We may change the Community Guidelines from time to time by updating them.

k.  No Licenses. We grant to you only the rights and licenses expressly stated in this Agreement, and you receive no other rights or licenses with respect to us, BakeClub & Co.'s products and services, our trademarks, or any other property or right of ours.

l.  Authority. Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.