These are the terms and conditions, together with our website user agreement that form the agreement upon which Bakers and Customers use the services provided by BakerBid (“us” “our” “we”) through www.bakerbid.com.au (“the Site”)
In these terms and conditions:
“Customer” means any person who uses or intends to use the Site to make a request for a cake.
“Baker” means any person who uses or intends to use the Site to receive opportunities to respond to a request made by a Customer.
“User” means any entity, including both a Customer and a Baker.
1.1. This agreement commences at the time upon which:
– a Customer submits a request for a cake, and
– a Baker registers a profile.
1.2. This agreement may be amended from time to time at the discretion of BakerBid and without prior notice to you. We encourage Users to check this page each time you use the Site as your continued use of the Site will indicate your acceptance of any amended terms.
2. Our Services.
BakerBid provides a market place to facilitate a customer finding a baker to suit their needs while providing Bakers with the opportunity to quote directly on requests submitted.
3.1 We require Customers and Bakers to create an account with us in order to use our service. Users are responsible for maintaining confidentiality of account, username and password information. We are not responsible for any unauthorised transactions made through a User’s account.
3.2 Users may register an account using a Facebook. Rest assured we do not have access to your Facebook accounts, the technology operates to transfer information in an encrypted and de-identified way.
3.3 To register with us you must identify whether you are a Customer or Baker, and provide your location.
3.4 Accounts are limited to one account per User. Users found with more than one account will have all associated accounts terminated.
3.5 If you are accessing and using the Site on behalf of a User, you represent that you have the authority to bind that person as principal to these Terms and Conditions.
3.6 By registering with us you warrant that all details you provide are valid and correct. We may require that all Users be persons over 18 years of age.
3.7 Users have the option of providing additional information about themselves in the User Profile Page. Bakers can use this space to provide a biography and summary of their skills. Bakers may also link their website and some social media accounts.
3.8 Users agree to only provide information that is true and correct and is not false or misleading in any way. Users agree to indemnify BakerBid for any costs incurred, loss or claim (including potential claim) that arises as a result of incorrect information provided to us by a User.
3.9 Bakers, when linking external Sites (or Pages) to your Profile, are agreeing that by making these external links you are representing that you do so with the authority of the owners of the third party Sites, and those Sites are affiliated with you.
3.10 Bakers may upload images of cakes previously baked by them. By uploading an image of a cake Bakers are representing that you have the rights, authority or consent of the owner to do so and you agree to indemnify BakerBid against claim, damages or actions arising from unauthorised publication of an image.
3.11 By uploading an image as a Baker, you are granting us, and anyone who uses the BakerBid Site, a royalty-free, perpetual, non-exclusive, worldwide license to use, copy, transmit, and distribute, or display the image, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. By displaying your image on our Site, you accept that other Bakers may be able to make a cake from your image.
3.12 If you are registering as a Baker, you will automatically be subscribed to receive email notifications of new Cake Requests that have been created with a location within a 15km radius of your current location. You may unsubscribe or modify your subscribed locations by updating your User Profile Page.
4. Pricing & Payments
4.1 Bakers must ensure quotes provided stipulate whether the price is inclusive or exclusive of GST.
4.2 We reserve the right to implement charges at any time.
5. Lodging a Request
5.1 Customers are required to complete a request form providing details of the cake provided. Requests will only be published for a maximum of seven days.
5.2 Customers can amend the request at any time.
5.3 BakerBid only provides the information that a Customer submits. Customers agree to submit sufficient information to enable a Baker to provide you with a Quote.
5.4 Customers are provided with the opportunity to identify any dietary requirements, including allergies. It is the responsibility of the Customer to ensure that all relevant information is submitted in a request.
5.5 By uploading an image of a cake you are representing that you have the rights, authority or consent of the owner to do so and you agree to indemnify BakerBid against claim, damages or actions arising from unauthorised publication of an image.
5.6 By making a request you agree not to contact or attempt to contact a BakerBid Baker directly until such time that your request has been finalised.
5.7 Your request is then placed on the public noticeboard, and emailed to Bakers who have selected your cake criteria on their subscription.
5.8 A request is finalised when a bid is accepted by the Customer, when it is withdrawn by the Customer or expires with no quotes received or accepted.
6. Making a Bid
6.1 By registering with BakerBid, you agree to communicate with Customers who make a request through the Site, only in accordance with these terms. For clarity, this means not communicating with a Customer outside of the BakerBid Site.
6.2 Bakers who have email subscription enabled will receive email notifications of new requests that have been posted on the Site, based upon the Bakers location and category subscription details. If a Baker chooses not to receive the email notifications, you accept that you will need to login to the website in order to view Customer Requests.
6.3 Bakers may withdraw a Bid at any time prior to it being accepted.
6.4 By making a bid you are representing that you are able to deliver the product in accordance with the requirements of the Customer and within the Customer’s timeframe indicated by the “ready by” date.
6.5 Bakers are able to communicate with the Customer and seek clarification on the clarification board prior to the request expiring.
6.6 Bakers should submit payment and cancellation terms at time of placing the bid.
6.7 Bids will be invisible to other Bakers and will only be visible to BakerBid and the Customer.
6.8 Bakers acknowledge and agree to the requirements of a service provider under the Australian Consumer Law. Those rights exist between the Customer and you.
6.9 Bakers agree to submit true and correct bids based upon making a product the same as the information provided by the Customer.
6.10 Bakers are prohibited from submitting a bid to provide the service for free and are prohibited from providing low bids in order to secure the job, with the intention of charging a higher price once the services are provided.
7. Accepting a Bid
7.1 Customers are provided with each bid as they occur.
7.2 Customers may accept a bid at any time, including prior to the expiry of the request.
7.3 Customers should only accept a bid that you are willing to pay in full. Bids are submitted on a non-negotiable basis unless stated otherwise.
7.4 When a Customer accepts a Bid you have agreed to the terms and conditions of the Baker, and a relationship is formed under the Australian Consumer Law between the Customer and the Baker. The rights available to the Customer exist against the Baker and not BakerBid.
7.5 Once a bid is accepted, the Baker will receive an email notification that their bid has been accepted.
7.6 The Customer and the Baker will then be free to communicate privately via the workspace, email, or phone, and update the status of the assigned request as follows:
(a) The Baker has the ability to update the status to either ‘Completed’ or ‘Incomplete’.
(b) The customer has the ability to update the status to ‘Cancelled’ at any point after the Baker has been selected and ‘Baking’ has commenced. This includes changing the status once the Baker says it’s ‘Completed’ to ‘Incomplete’ and vice versa.
7.7 Your request may automatically be updated to ‘Completed’ after 14 days of the request’s Event Date, if you have not updated the status of the request yourself.
8.1 Cancellation of cake is on terms between Baker and Customer.
8.2 Each party can withdraw or edit a bid or request at any time.
8.3 Once you have registered with BakerBid your User profile is available for you to use at any time. In order to cancellation your profile completely, you will need to email us at: firstname.lastname@example.org. Once you have cancelled your profile, you will need to create a new one to use the service again.
9. Reviews and Ratings
9.1 Customers agree to leave reviews and ratings that are true and correct and not false or misleading in any way. Customers should not use the ability to leave a review as an enticement or other negotiating tool.
9.2 Bakers are prohibited from leaving reviews on their own profile or against the profile of another.
9.3 BakerBid will not be facilitating edits or removal of reviews as a matter of course.
10. Liability and Indemnity.
10.1 This clause should be in-conjunction with our Website User Agreement.
10.2 BakerBid does not warrant the provision of services of the Bakers listed with us in any way and we have not taken any steps to verify the information submitted to us.
10.3 Acceptance of a Bid forms a consumer contract between the Customer and the Baker. BakerBid is not responsible for ensuring the provision of services or that payment is made.
10.4 BakerBid is not liable for any sickness, illness, or injury that arises from the baking.
10.5 We will accept complaints for our information, but BakerBid will not intervene in or mediate upon any dispute that may arise.
11.1 We reserve the right to terminate a User’s access to this service if we suspect that the Use has committed a breach of these terms, including when a complaint has been received.
These terms are governed by the laws of Victoria, Australia.