This website is operated by HomeBaked App. Throughout the site, the terms “we”, “us”, “our”, “HomeBaked” or “Services” refer collectively to HomeBaked’s mobile application, website, online store and all affiliated products and services. By visiting our site and/ or purchasing a product or service from us, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions, user guidelines and policies referenced herein and/or available on our website. If you do not agree to all the terms and conditions of this agreement, then you may not access HomeBaked’s Services.Any new features or tools which are added to HomeBaked’s Services shall also be subject to the Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes here. Your continued use of or access to HomeBaked’s Services following the posting of any changes constitutes acceptance of those changes.
Section 1 – online terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, or that you are the age of majority in your state or territory of residence and you have given us your consent to allow any of your minor dependents to use HomeBaked’s Services. You may not use HomeBaked’s Services for any illegal or unauthorised purpose nor may you, in the use of these Services, violate any laws in your jurisdiction. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of our Services to you. We reserve the right to refuse HomeBaked’s Services to anyone for any reason at any time.
Section 3 – accuracy, completeness and timeliness of information
We are not responsible if information made available on HomeBaked’s Services is not accurate, complete or current. The material within is provided for general information and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on HomeBaked’s Services is at your own risk.
Section 4 – modifications to the service and prices
Prices for HomeBaked’s Services are subject to change without notice. We reserve the right at any time to modify or discontinue Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our Services.
Section 5 – products or services
HomeBaked’s Services may be available exclusively through our mobile application or online through the website. We have made every effort to display as accurately as possible the colours and images of products that appear on HomeBaked’s Services. We cannot guarantee that any displays of colour will be accurate. You should make your own enquiries in this regard. We reserve the right to limit the sales of HomeBaked’s Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing on our website or online store are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any HomeBaked product or service at any time. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in Services will be corrected. This remains the responsibility of the merchant baker. HomeBaked’s liability is expressly excluded in respect of the above.
Section 6 – Food safety standards Australia
Food safety standards place obligations on Australian food businesses to produce food that is safe and suitable to eat. A food business is any business or activity that involves the handling of any type of food for sale, or the sale of food in Australia. The standards, which also contain health and hygiene obligations for food handlers, aim to lower the incidence of food-borne illness. These groups and businesses should contact their local enforcement authority for further information. HomeBaked App recommends undertaking an Australian certified Food Safety Course to ensure you adhere to all food preparation and handling obligations. The HomeBaked App platform serves as a peer-to-peer service only and does not regulate its users in regard to certified or legal obligations or expectations for the preparation, serving or sale of produce. For further information on legislation relevant to your location, you should contact your state or territory health department or local council.
Section 7 – accuracy of billing and account information
We reserve the right to refuse any order placed through HomeBaked’s Services. In the event that we need to make a change to or cancel an order made through the use of our services, we may notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by persons who are not in compliance with our Terms of Service, user guidelines or policies. You agree to provide current, complete and accurate purchase and account information for all purchases made through our Services. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Section 8 – Stripe connected account agreement
By using HomeBaked’s Services, you agree to adhere to Stripe’s Connected Account Agreement found here: https://stripe.com/au/connect-account/legal. This agreement governs your use of Stripe Connect, and describes how you and HomeBaked’s Services uses Stripe Connect to enable you to use Stripe’s services, which includes the ability to accept payments for goods or services, or receive charitable donations, as well as other related services. Please review the Stripe Connected Account Agreement.
Section 9 – optional tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through HomeBaked’s Services (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 10 – third-party links
Certain content, products and services available via our Services may include materials from third-parties. Third-parties include persons using our Services to sell or purchase products on our platform/s. Third-party links in our Services may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-parties. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 11 – user comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any virus or other malware that could in any way affect the operation of our Services. You may not use a false e-mail address or personal details, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any input or comments relating to our Services. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 12 – personal information
Your submission of personal information through our Services is governed by our Terms of Service, user guidelines and privacy policies.
Section 13 – data deletion
To ensure HomeBaked’s Services remain as efficient and error-free as possible, inactive users (users that have not logged in for at least 90 days) will be removed and their profile deleted. Private messages of closed orders (that is, orders that have been fulfilled or orders that have been declined) which have existed for a minimum of 90 days, will be removed from HomeBaked’s App.
Section 14 – errors, inaccuracies and omissions
Occasionally there may be information on our Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information within our Services is inaccurate at any time without prior notice (including after you have submitted your order).
Section 15 – prohibited uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using our Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Services or of any related website, other websites, apps, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Services or any related services, other websites, apps or the Internet. We reserve the right to terminate your use of our Services for violating any of the prohibited uses.
Section 16 – disclaimer of warranties; limitation of liability
We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of our Services will be accurate or reliable.
You agree that from time to time we may remove our Services for indefinite periods of time or cancel our Services at any time, without notice to you.
You expressly agree that your use of, or inability to use, our Services is at your sole risk. Our Services and all products and services delivered to you through our Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your interaction with, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall HomeBaked, its Services, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our Services or any products procured using our Service, or for any other claim related in any way to your use of our Services or any product or third-party services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our Services or any content (or product) posted, transmitted, or otherwise made available via our Services, even if advised of their possibility. Our liability shall be limited to the maximum extent permitted by law.
Section 17 – exclusive remedy
In the event of any problem with our Services, you agree that your sole and exclusive remedy is to cease using these Services. Under no circumstances shall HomeBaked’s Services, its affiliates or licensors be liable in any way for your use of its Services, your content, the commercial products or third party user generated content available on or through its Services, including, but not limited to, any errors or omissions, any infringement of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of, or related to, the use of our Services, the services, the materials, your content, the commercial products or any third party user generated content available on or through our Services. Certain states and/or territories do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
Section 18 – indemnification
You agree to indemnify, defend and hold HomeBaked’s Services and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 19 – severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 20 – termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Services. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly may deny you access to our Services (or any part thereof).
Section 21 – entire agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us here or in respect to our Services constitutes the entire agreement and understanding between you and us and govern your use of our Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 22 – 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 Western Australia.
Section 23 – 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 here. It is your responsibility to check periodically for changes. Your continued use of or access to our Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.