Terms of Use
The Cakery Cakes website www.cakerycakes.com.au (the Site) is owned and operated by Cakery Cakes Pty Ltd ACN 667 484 835 (We, Our or Us) trading as Cakery Cakes and the information, content, other material and compilations contained in, or used to create or support the Site including text, graphics, logos, button icons, images, illustrations, video images, photographs, audio clips and navigational and other software (collectively referred to as the Content) in the Site is copyright © 2024 held, owned, operated, licenced or controlled, and reserved by Cakery Cakes Pty Ltd ACN 667 484 835 or other copyright owners.
We provide the Site so that customers are able to place online orders with Us.
By using, browsing, buying a product, making an enquiry and/or accessing the pages or services in the Site, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions (Terms of Use) governing the use of the Site. We may amend these Terms of Use from time to time. Any amendment is effective immediately. If you do not agree to these Terms of Use you should ceasing using the Site immediately.
1. Governing Law
We control and operate the Site in Australia. The Site is hosted by Shopify on servers in a secure hosting facility in the United States of America. These Terms of Use are governed by the laws of Australia. You and We agree to submit to the non-exclusive jurisdiction of the courts of Australia. You hereby waive any and all jurisdictional and venue defences that might otherwise be available to you.
2. Revisions to Terms of Use
We may revise or amend these Terms of Use at any time at Our absolute discretion by posting revised terms. You agree that, in the event that any portion of these Terms of Use is found to be unenforceable, the remainder of these Terms of Use remain in full force and effect. Any revisions will be effective immediately you continue to use the Site, in which case, you agree to these Terms of Use as amended. If you do not agree to the new posted Terms of Use, you agree that your only remedy is to discontinue your use of the Site.
Whist We seek to make reasonable efforts to provide accurate and timely information about the various products and services offered by Us on the Site, We cannot guarantee that the information provided is always up to date and correct or that the Site contains all the relevant information available.
3. Site Content
The material on the Site is protected by copyright under the laws of Australia and other countries through international treaties. Unless otherwise indicated, and except for information directly from or links to third-party websites, all Content is protected by copyrights, trademarks, and other intellectual property rights which are held, owned, operated, licenced or controlled, and reserved by Us or by other parties that have licensed their material to Us. You may not sell, modify, reproduce, repost or convert any Content in any manner inconsistent with these Terms of Use.
4. Advertising & Links to Third Party Websites
The Site contains links to sites on the Internet owned or controlled and operated by third parties and which are not under Our control.
In relation to the other sites on the Internet which are linked to the Site, We:
(i) Provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by Us of the contents of the linked site; and
(ii) Are not responsible for the material contained on those linked sites. You rely on such information or websites entirely at your own risk.
You further agree that the personal data you choose to give to unrelated third parties is not covered by Our privacy policy and you are encouraged to review the privacy policy of any company or website before submitting your personal information. Some third parties may choose to share their personal data with Us and you acknowledge any such sharing is governed by that third party company’s privacy policy.
5. Personal, non-commercial use
The Site is solely for your personal, non-commercial use. Permission is granted to display, download, and print in hard copy portions of the Site solely for the proper and reasonable purposes of placing an order with Us, provided that you do not modify the Site and that We retain all copyright and other proprietary rights and notices contained in the Content. You must not, without Our prior written permission, exploit any of the Content for commercial purposes or other purposes that are not expressly permitted under these Terms of Use.
Use of the Content on any other website or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use is a violation of Our copyright, trademarks and proprietary rights and is prohibited.
Your submission of personal information through the Site is governed by Our privacy policy (the Privacy Policy). We encourage you to carefully read Our Privacy Policy. You agree, that by using, browsing and/or accessing the pages of the Site, you will be bound by the terms of the Privacy Policy and to the use of such personal information and any submissions by Us in accordance with the Privacy Policy.
You agree not to use the Site for any purpose that is unlawful or may be deemed as unlawful or prohibited by these Terms of Use, or to cause damage on or through use of the Site. You warrant to Us that none of your communications with or through the Site will violate any applicable local, state, national or international laws and/or regulations or infringe upon the rights of any third party or contain libellous, defamatory, obscene or abusive material..
6. Prohibited conduct
You are not authorised, without Our prior written permission (and the prior written permission of any other owner of rights in the Content that you access via the Site) to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, republish, modify, upload, post, transmit or distribute in any way, including by e-mail or other electronic means, or create a derivative work from the Content. No trademark (whether registered or otherwise) that is contained on the Site or otherwise used by Us may be used without Our prior, specific, written permission or that of the trademark owner.
7. Acceptable Use
Your use of the Site and any material or information uploaded by you in connection with the Site is limited to the functionality contemplated by Us. The Site must not be used in a manner that:
(a) Harasses, abuses, insults, harms, slanders, disparages, intimidates, discriminates, stalks, threatens, defames or otherwise infringes or violates the rights of any other person;
(b) Is unlawful, fraudulent or deceptive;
(c) Uses or launches any automated system, including without limitation, “spam”, "robots", "spiders" or "offline readers" to access the Site;
(d) Attempts to introduce viruses or any other malicious computer code, files or programs that will or may be used in any way that will interrupt, destroy or limit the functionality of the Site or of any computer or mobile device software or hardware or telecommunications equipment;
(e) Collects or tracks the personal information of others;
(f) Interferes with or attempts to interfere with the security features of the Site or any related website, other websites or the Internet;
(g) Encourages conduct that would constitute a criminal offence, or that gives rise to
civil liability; and/or
(h) Otherwise violates these Terms of Use.
8. Licence to use
You grant Us a perpetual, irrevocable, non-exclusive, fully-paid, royalty-free licence to use any material, information, expression of ideas and ideas that you transmit to or via the Site, including to Us or otherwise provide to Us from the time (Material). You authorise any such Material to be sent without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party.
You agree that this licence shall include, without limitation, the irrevocable right to edit, copy publish, translate, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, and/or license the submission, and all rights therein, in Our name, in any medium now or hereafter known or created. In addition, you warrant that the submission will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right and that any moral rights (if any) pertaining to any copyrighted materials have been waived.
9. Indemnity
As a condition of access to the Site you agree to indemnify and will keep Us indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by Us in connection with your use of the Site, your breach of these Terms of Use,your breach of any rights of third parties or Us exercising Our rights under these Terms of Use including but not limited to under clause 8.
10. Limitation of liability
Our total liability to you (if any) in connection with the Site, or with these Terms of Use or any goods or services supplied under them, will be limited to your discontinued use of the Site.
To the maximum extent permitted by any applicable law, We (whether or not involved in the creation, maintenance, development or delivery of the Site) and Our directors, officers, managers, employees, members, shareholders or agents, exclude all and any liability and responsibility for any amount or kind of loss or damage of whatsoever nature or kind that may result to you or a third party in connection with the Site in any way whatsoever or in connection with the use, inability to use, or the results of use of the Site, including without limitation actions or activities resulting from the use of resources presented on the Site, any websites linked to the Site or the material on such websites, including but not limited to loss or damage due to viruses that may affect your computer (including but not limited to computer equipment, software, data) or any other property on account of your use of or access to or browsing or downloading of any Content and/or any material of any website linked to the Site.
Nothing in these Terms of Use shall limit or exclude Our liability in jurisdictions which do not allow the limitation or exclusion of liability for consequential or incidental damages. In such jurisdictions Our liability shall be limited to the maximum extent permitted by law.
11. Disclaimer of warranty
We are providing the Site and the Content on an 'as is' basis and use of the Site is at your own risk.
We do not warrant, guarantee or make any representation that:
(i) The Site is free of software viruses;
(ii) The Site will operate uninterrupted or is error-free;
(iii) Your use of the Site is in compliance with laws applicable to you;
(iv) Your information and/or documents transmitted in connection with the Site will be successfully, accurately or securely transmitted; and
(v) Errors and defects in the Site will be corrected.
We and Our respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Site (including in relation to any products or services). To the extent permitted by law, We will not be liable or responsible in any way for errors in, or omissions from, the information contained on the Site. To the extent permitted by law, We expressly disclaim all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose.
You acknowledge and agree that although We will use all reasonable efforts to ensure that the Site is available, temporary interruptions may occur. We will not be liable for any reason if the Site is unavailable at any time or for any period.
We may also restrict access to any parts of or the entirety of the Site, from time to time. We reserve the right to perform unscheduled maintenance on the Site at Our discretion and will not be liable for any resulting loss.
12. IP Protocol Addresses and Web Logs
The Site's web servers will automatically collect the Internet Protocol (IP) addresses and log files of visitors. Your IP address is an identifying number that is automatically assigned to your computer by your Internet Service Provider (ISP). This number will be identified and logged automatically in Our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited.
Each time you visit the Site, We may collect information about your use of the Site through the use of technology called ‘cookies’. Cookies can record information about your visit to the Site and details of the pattern of your visit (for example, whether you linked from another website and which pages you view).
We use IP addresses and cookies for purposes such as calculating the Site usage levels, helping diagnose problems with the Site's servers, administering the Site and providing you with a more personal and convenient website visit. Collecting IP addresses and the use of cookies is standard practice on the Internet and is done automatically by many websites. In addition, We may also record your IP address for fraud prevention purposes.
13. No Waiver
Our failure to insist upon or enforce strict compliance with any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
14. Termination of access
We may terminate access to the Site at any time without giving any explanation or justification for the termination of access, and We have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Site.
15. Severability
If any part of these Terms of Use is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Use and the severed part will not affect the validity and enforceability of any remaining provisions.
16. Relevant jurisdiction
Access to and use of the Site and these Terms of Use will be governed by and interpreted in accordance with the law of the State of Queensland, Australia, without giving effect to any principles of conflicts of laws.
You agree to the exclusive jurisdiction of the courts of the State of Queensland, Australia to determine any dispute arising out of these Terms of Use.
17. Headings
You agree that the headings used in these Terms of Use are for convenience of reference only. Such headings will be and shall be ignored in the interpretation or construction of any of these Terms of Use.
18. Complete Understanding
You warrant and agree with Us that these Terms of Use, Our Privacy Policy and Our Terms and Conditions for Orders, constitute the entire understanding between Us and you with respect to your use of the Site, including, but not limited to, all orders placed through the Site.
19. Contacting Us
For more information, or if you have any questions about these Terms of Use, please contact Us at:
By email: info@cakerycakes.com.au