Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
WEBSITE.
Welcome to our website. If you continue to browse and use this website you
are agreeing to comply with and be bound by the following terms and
conditions of use, which together with our privacy policy and website
disclaimer, govern thebusinessbakery.com.au’s relationship with you in
relation to your use of this website.
By using this website, you signify your acceptance of these terms and
conditions of use. For the purposes of these terms and conditions, “Us”,
“Our” and “We” refers to thebusinessbakery.com.auand “You” and “Your”
refers to you, the client, visitor, website user or person using our
website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these
terms at any time. Please check these terms regularly prior to using our
website to ensure you are aware of any changes. We will endeavour to
highlight any significant or substantive changes to you where possible. If
you choose to use our website then we will regard that use as conclusive
evidence of your agreement and acceptance that these terms govern your and
thebusinessbakery.com.au’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree
and accept that thebusinessbakery.com.au is not legally responsible for any
loss or damage you might suffer related to your use of the website, whether
from errors or from omissions in our documents or information, any goods or
services we may offer or from any other use of the website. Your use of any
information or materials on this website is entirely at your own risk, for
which we shall not be liable.
It shall be your own responsibility to ensure that any products, services
or information available through this website meet your specific, personal
requirements. You acknowledge that such information and materials may
contain inaccuracies or errors and we expressly exclude liability for any
such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in
particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1,
Subdivision A of the Competition and Consumer Act 2010 (Cth),
thebusinessbakery.com.au’s liability for any breach of a term of this
agreement is limited to: the supplying of the goods or services to you
again; the replacement of the goods; or the payment of the cost of having
the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any
goods or services.
DELIVERY OF PHYSICAL GOODS
thebusinessbakery.com.au uses Australia Post and/or other reputable courier
companies to deliver physical goods.
Deliveries are processed promptly upon receipt of full payment. Delivery
may take between 2 and 14 days, depending on the delivery company chosen.
thebusinessbakery.com.au is not responsible for goods that are either
damaged in transit or not received. Damaged or lost orders should be
resolved with Australia Post or the courier company directly. Replacement
of damaged or lost items is made at the discretion of
thebusinessbakery.com.au.
RETURNS AND REFUNDS
thebusinessbakery.com.au handles returns and processes refunds in
accordance with the Australian Consumer Protection legislation.
Should you wish to return your order, please notify us within 14 days of
purchase with a valid reason for return. If we are unable to resolve your
complaint or further assist you, we will process a refund upon timely
receipt of the goods purchased. Unopened goods will be refunded in full.
Refunds will be processed promptly and payment made by the same method that
you made payment. Refund payments may take up to 7 business days to be
received. Refunds are made at the discretion of thebusinessbakery.com.au.
LINKS TO OTHER WEBSITES
This website may contain links to other websites. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that The Business Bakery is not responsible for the privacy practices of such other websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this website.
To the fullest extent permitted by law, thebusinessbakery.com.au absolutely
disclaims all warranties, expressed or implied, including, but not limited
to, implied warranties of merchantability and fitness for any particular
purpose. thebusinessbakery.com.au gives no warranty that the documents,
goods or services will be free of errors, or that defects will be
corrected, or that our website or its server is free of viruses or any
other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and
up-to-date information on our website, we do not warrant or make any
representations regarding the use or the result of the use of any document,
product, service, link or information in its website or as to their
correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of
thebusinessbakery.com.au to bear any entire costs of servicing, repairs, or
correction. The applicable law in your state or territory may not permit
these exclusions, particularly the exclusions of some implied warranties.
Some of the above may not apply to you but you must ensure you are aware of
any risk you may be taking by using this website or any products or
services that may be offered through it. It is your responsibility to do so.
YOUR PRIVACY
At The Business Bakery, we are committed to protecting your privacy as an online visitor to our website.
We use the information we collect about you to maximize the services that
we provide to you. thebusinessbakery.com.au respects the privacy and
confidentiality of the information provided by you and adheres to the
Australian Privacy Principles. Please read our separate Privacy Policy carefully.
You may change your details at any time by advising us in writing via
email. All information we receive from our customers, is protected by our
secure servers. thebusinessbakery.com.au’s secure server software encrypts
all customer information before it is sent to us. Furthermore, all of the
customer data thebusinessbakery.com.au collects is secured against
unauthorized use or access. Credit card information is not stored by us on
our servers.
STORAGE AND SECURITY OF YOUR INFORMATION
We receive and store information you enter on our website or give us in any other way from time to time. You may provide basic contact information such as your name, phone number, address, and email address to enable us to send information or process your product order and we may also collect additional information at other times, including but not limited to, when you provide feedback, change your content or email preferences, respond to a survey, or communicate with The Business Bakery customer support or queries.
We may use personal information collected from you for the purpose of providing you with direct marketing material, updates regarding our website and information in the form of a newsletter. This will only apply if you have registered or subscribed to such publications by your registering your details with us. However if you wish to cease receiving any such information you may let us know either by email or unsubscribing at any time and your request will be actioned as soon as possible.
Individual profile and company details are not used for any other purpose. Details are only supplied to a third party supplier when it is required by law, for goods or services which you have purchased or to protect The Business Bakery copyright, trademarks and other legal rights.
We respect the privacy of our online visitors. We may collect information on or through this website that can personally identify you. For example, we collect personally identifiable information which you volunteer to us to respond to visitor questions and comments about us and our products and services, and to mail e-newsletters (“Personal Data”).
We will use all reasonable means to protect the confidentiality of your Personal Data while in our possession or control. We will not knowingly share any of your Personal Data with any third party other than our service providers who assist us in providing the information and/or services we are providing to you. To the extent that we do share your personal information with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy. Some of our service providers may be overseas and may not be subject to Australian Privacy Laws. Please contact us if you require specific details.
Any non-personal information, communications and material you send to this website or to us by email, or which we obtain from third parties without promises of confidentiality, may be kept, used and disclosed by us on a non-confidential basis. We are free to use and reproduce any such information freely, and for any purpose whatsoever. Specifically, we will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose, including developing, manufacturing or marketing products.
SECURITY
The Business Bakery strives to ensure the security, integrity and privacy of personal information submitted to our website, and periodically updates its security measures in light of current technologies.
COOKIES
A cookie is a small file placed in your web browser that collects information about your web browsing behaviour. Use of cookies allows a website to tailor its configuration to your needs and preferences. Cookies do not access information stored on your computer or any personal information (e.g. name, address, email address or telephone number). Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of a website.
Our website uses cookies to analyse website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.
THIRD PARTIES
The Business Bakery does not and will not sell or deal in personal or customer information. We will never disclose your personal details to a third party except the necessary information required by providers of products or services you have purchased or to protect the rights, property or safety of The Business Bakery, its customers or third parties or if required by law.
We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
DISCLOSURE OF YOUR INFORMATION
We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, The Business Bakery may use your Personal Data to protect the rights, property or safety of The Business Bakery, its customers or third parties.
Finally, if there is a change of control in one of our businesses (whether by merger, sale, or otherwise), or a sale or transfer of its assets, customer information, which may include your Personal Data, could be disclosed to a potential purchaser under an agreement to maintain confidentiality, or could be sold or transferred as part of that transaction. And finally we would only disclose your information in good faith and where required by any of the above circumstances.
CHANGE IN PRIVACY POLICY
As we plan to ensure our privacy policy remains current, this policy is subject to change. We may modify this policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on this website. Please return periodically to review our privacy policy.
If you have any questions or concerns at any time about our privacy policy or the use of your personal information, please contact us at http://www.thebusinessbakery.com.au/contact-us/ and we will respond within 48 hours.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services
for the purpose of providing them for a fee to users, whether they be
business users or domestic users, then you are a competitor of
thebusinessbakery.com.au. thebusinessbakery.com.au expressly excludes and
does not permit you to use or access its website, to download any documents
or information from its website or obtain any such documents or information
through a third party. If you breach this term
then thebusinessbakery.com.au will
hold you fully responsible for any loss that it might sustain and further
holds you accountable for all profits that you might make from such
unpermitted and improper use. thebusinessbakery.com.au reserves the right to
exclude and not permit any person from using its website or any of the
documents and information contained on it.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This
material includes, but is not limited to, the design, layout, look,
appearance, trademarks and graphics. You are not permitted to reproduce the
documents, information or materials on the website for the purposes of sale
or the use by any third party. In particular you are not permitted to
republish, upload, transmit electronically or otherwise or distribute any
of the materials, documents or products that may be available for download
from time to time on this website.
thebusinessbakery.com.au expressly reserves all copyright and trademark in
its website and in all documents and information on its website and
reserves the right to take action against you if you breach any of these
terms.
Any redistribution or reproduction of part or all of the contents in any
form is prohibited other than the following: you may print or download to a
local hard disk extracts for your personal and non-commercial use only; and
you may copy the content to individual third parties for their personal
use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or
commercially exploit the content. Nor may you transmit it or store it in
any other website or other form of electronic retrieval system.
WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and
thebusinessbakery.com.au concerning your use and access to
thebusinessbakery.com.au’s website and your use and access to the documents
and information on it. No other term is to be included in this agreement
except where it is required to be included by any legislation of the
Commonwealth or any State or Territory. All implied terms except those
implied by statute and which cannot be expressly excluded are hereby
expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal,
void, or unenforceable in any State or Territory then such a clause shall
not apply in that State or Territory and shall be deemed never to have been
included in these terms and conditions in that State or Territory. Such a
clause if legal and enforceable in any other State or Territory shall
continue to be fully enforceable and part of this agreement in those other
States and Territories. The deemed exclusion of any term pursuant to this
paragraph shall not affect or modify the full enforceability and
construction of the other clauses of these terms and conditions.
EDUCATION
By using our services, you agree that thebusinessbakery.com.au is not to be
held liable for any decisions you make based on any of our services or
guidance and any consequences, as a result, are your own. Under no
circumstances can you hold thebusinessbakery.com.au liable for any actions
you take nor can you hold us or any of our employees liable for any loss or
costs incurred by you as a result of any guidance, advice, coaching,
materials or techniques used or provided by thebusinessbakery.com.au.
All our information on both the website and in consultations is intended to
assist you and does not in any way, nor is it intended to substitute
professional, financial or legal advice. Results are not guaranteed and
thebusinessbakery.com.au takes no responsibility for your actions, choices
or decisions.
BLOG COMMENTS
CONTENT POSTING
By submitting any Content to the website, you represent that you have the
ownership rights and title to this information and material, and have the
right to present and publish it. You also represent that you are not
breaching any regulations, restrictions or third party rights. You agree
you will not post any false or misleading descriptions, articles, services,
photos or anything that may not be clear and accurate to any visitor to the
website.
You warrant and agree that:
· The information you post or advertise on the website is genuine,
true and accurate;
· You will keep your information updated and any Content you post to
our site including any links, complies with applicable laws, codes and
regulations; and
· You will immediately take over and manage any third party claim or
litigation arising directly or indirectly as a result of your User post or
any information you may provide on our website.
By using this website, you authorize us to use, reuse and to grant others
the right to use and re-use your Content and any reproduction or similar in
any form of media or technology for any purpose related to the website.
You agree and acknowledge that the website uses third party vendors and
hosting partners to provide the necessary software, hardware, service and
storage.
You agree you will not transmit any viruses, malware, worms, etc. of any
kind and that you will not upload, post, host or transmit unsolicited
material or messages to the website.
CANCELLATION AND TERMINATION
WE MAY TERMINATE YOUR USE OF OUR WEBSITE AT ANY TIME: We have the right to
terminate your use of the website for any reason, at any time. You agree
that we may, in our sole discretion, terminate or suspend your access to
the website with or without notice and for any reason, including, without
limitation, breach of these Terms of Use. Any suspected fraudulent, abusive
or illegal activity may be grounds for terminating your relationship and
may be referred to the appropriate law enforcement authorities.
If we have reasonable grounds to suspect the information you provide our
website is untrue, inaccurate or incomplete, or that you have breached any
Terms of Use, if your content is offensive, or for any other reason
including if, in our opinion, you have breached the purpose of our website,
at our sole discretion we have the right to immediately withdraw your
information and any links and terminate your account. We may also deny the
use of our website and services to you in the future and are not obligated
to allow you access at anytime in the future in the event of any breach.
We shall not be liable to you or any third party for any claims or damages
arising out of any termination or suspension or any other actions taken by
us in connection with such termination or suspension.
Upon such termination, regardless of the reasons, your right to use the
website immediately ceases and you acknowledge and agree we may immediately
deactivate or delete your account and all related information and files. We
are not obligated to return any files to you.
We may, but are not obligated to, remove any Content that we determine in
our sole discretion may be unlawful, offensive, defamatory, obscene, or
otherwise objectionable or violates a third party’s intellectual property
or these Terms of Use.
MODIFICATION OF WEBSITE AND CONTENT
We reserve the right at any time and from time to time to remove, delete,
alter or amend any Content or the website. In particular, if we believe the
Content to be inappropriate, potentially breach regulations, receive
complaints or for any other reason and in our reasonable discretion, we may
remove or modify Content at any time without notice. We shall not be liable
to you or any third party for any modification when it is required.
We reserve the right to disclose your name and any other personal details
of any User to any law enforcement authority or other competent authority
or to any person for the purpose of legal proceedings, prosecution,
investigation or any breach, alleged breach of the law or these Terms of
Use.
LIABILITY
You agree and acknowledge that we are not liable for any direct, indirect,
consequential or incidental loss or damage which may result from your
posting or information you provide to our website. You acknowledge, agree
and undertake that you shall be the legally responsible party for any
Content placed by you in respect of any legal proceedings of any competent
jurisdiction worldwide and you agree and undertake to indemnify us and keep
us at all times fully indemnified from and against any claims demands costs
damages or awards whatsoever arising directly or indirectly as a result of
any Content placed by you on thebusinessbakery.com.au.
In addition, you agree to fully indemnify us for any and all claims by any
third party which may result from your advertisement, Content or link on
the website or any business you conduct with any customer. We are not
responsible for your Content nor for your breach of any third party rights.
We are also not responsible for any claim by any third party which may be a
result of your links, material or Content on your website, business or
otherwise. You agree you will fully indemnify us and, wherever possible,
take over and manage any claim which may result from any one of your
customers whether direct or indirect.
Our failure to exercise or enforce any right or provision of these Terms of
Use shall not constitute a waiver of such right or provision.
No agency, partnership, joint venture, or employment is created as a result
of these Terms of Use, and you do not have any authority of any kind to
bind us in any respect whatsoever.
JURISDICTION
This agreement and this website are subject to the laws of NSW and
Australia. If there is a dispute between you and thebusinessbakery.com.au that
results in litigation then you must submit to the jurisdiction of the
courts of NSW.
