This agreement, together with our terms and conditions govern the use of the website www.bakerbid.com.au (the Site). By accessing, visiting, or otherwise using this Site, you agree to be bound by this agreement. The Site is owned and operated by BakerBid (the Owner). This agreement may be amended from time to time at the Owner’s discretion and without prior notice to you. We encourage Users to visit this page from time to time as your continued use of the Site will indicate your acceptance of any amendments.
License to You. This Site and its content is provided to you through this license. The Owner retains all ownership and proprietary rights in the Site and its content. The Owner hereby grants you the non-exclusive, non-transferable, limited right to use the Site for the prescribed use. The prescribed use is to provide a directory service to connect customers with bakers. This license commences upon your acceptance of this agreement and continues until termination by the Owner or you. The Owner has the discretion to terminate your license immediately and without notice if you breach this license. All rights not specifically granted under this Agreement are reserved by the Owner and, as applicable, its licensors.
This limited license excludes the right to:
(a) frame or utilize framing techniques to enclose the Site or any portion of the Site;
(b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Site Content (except caching or as necessary to view the Site);
(c) make any use of the Site or any and/or all Site Content other than for the prescribed use;
(d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Site Content;
(e) collect account information for the benefit of yourself or another party;
(f) use any meta tags or any other hidden text utilizing any and/or all Site Content;
(g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure or server;
(h) download any image or content and pass it off as your own, or provide it to a third party or republish or distribute it.
Your License to the Owner. By posting, submitting or otherwise publishing any material to the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older. By submitting or posting any material, you are granting us, and anyone authorised by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, create derivative works from, distribute, and publicly display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, or patent laws under any relevant jurisdiction. You also grant the discretionary right to identify you as the author of any of your postings or submissions by name, email address or screen name.
Limitations on Linking. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by me.
Provision of Services. BakerBid operates as a comparison site whereby customers request a quote for a product to be baked/made. The Owner has the discretion whether to include or remove requests or listings from the Site.
The Owner reserves the right to make changes to the Site, its operation and application at any time without prior notice. The Owner may engage a third party to provide technical assistance with the Site. The Owner will take reasonable steps to ensure the ongoing effective operation and maintenance of the Site and to take steps to repair technical issues that arise from within the Software within a reasonable time, insofar as the issues are of a global nature, and do not arise from individual use.
Your obligations. The Owner does not verify the information provided to it by Bakers or Customers. By registering as a Baker through the Site you represent that you have the requisite experience, licences and permits to provide the services offered. You agree to abide by all relevant laws.
The Owner does not verify the information provided by Customers. By using the Site to submit a request you represent that you are validly seeking the services of a Baker as described in your request.
Bakers, in making a bid through the Site, you are making an offer to provide services as governed by the Australian Consumer Law. When a customer accepts the bid, an agreement is formed between the Customer and the Baker to the exclusion of the Owner. The Owner does not guarantee the services of the Baker, nor does the Owner guarantee payment by the Customer.
Users of the Site agree not to provide false or misleading information through the Site and you agree to indemnify the Owner for any claim arising from your conduct through the Site.
Conditions of use. Users agree to use the Site in accordance with these terms and conditions, in good faith and in a way so as to not bring disrepute or cause reputational or other damage to the Owner.
You agree that you will not upload or provide content on the Site which is:
(a) defamatory, fraudulent, unlawful, threatening, intimidating, harassing, disrespectful, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent or degrading;
(b) infringes the intellectual or other proprietary interests of third parties;
(c) contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Site or otherwise breaches or encourages other users to breach these Terms and Conditions;
(d) violates any law; or
(e) encourages or incites any other person to engage in any of the above behaviour;
You also agree that you will not :
(f) Use technology or other means that is not authorised by the Owner to access the Site;
(g) Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access the Site;
(h) Attempt to, or introduce viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of the Site or the Facebook Page;
(i) Gain or attempt to gain unauthorised access to the Site or Facebook Page including the networks or user accounts; or
(j) Attempt to or engage in conduct that damages, disables, overburdens, or impairs the Site, Facebook Page, servers or networks.
Third party links. At times we may provide links and pointers to third party sites. These links do not indicate any endorsement, sponsorship or guarantees about those third parties. Once you leave the Site and move to a linked site, you will be subject to the third parties terms and conditions and privacy obligations. The Owner does not have control or responsibility over the content or security of third party linked sites. The Owner uses a linked third party payment provider and the Owner does not provide any guarantees or warranties in relation to the functionality or security of that third party provider.
Warranties and Indemnities. No warranties are provided as to the performance of the Bakers listed on the Site, and any engagement between customers and a Baker is on terms between you. The Owner is not responsible for ensuring the services are provided or paid for. The Owner welcomes feedback from Users, however the Owner does not provide a dispute resolution service when issues arise from the services. The parties have the rights that exist at law. The Owner retains the discretion to consider feedback provided to it and to terminate a User in response to negative feedback received about the User.
The Owner does not warrant that the functional aspects of the Site will be error free or that the Site, its content or the server are free of viruses or other harmful components. The Owner maintains current anti-virus software, however to the extent provided by law, the Owner does not guarantee against third party interference. The Owner does not warrant that the Site will be uninterrupted or error-free, or that Site or its content will be compatible with third party software or hardware. The Owner is not liable for any default due to an act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the Owner’s reasonable control.
You agree to indemnify, the Owner, and its partners, licensors, affiliates, contractors, officers, employees and agents for any claim arising directly or indirectly from your acts and omissions in using the Site pursuant to the terms of the Agreement.
Intellectual Property Rights. The Owner retains all ownership rights over all intellectual property (registered or unregistered) available on this site, and its content including, but not limited to, audio-visual effects, themes, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights.
Termination. This Agreement is effective until terminated by you or by the Owner. The Owner has the right to terminate the service to a User in the event of a breach of these terms and conditions. The Owner may terminate the service to a User immediately without prior notice. If you wish to terminate your registration you can do so by way of email to email@example.com. Termination for a Baker can only occur when there are no active cake requests.
If your usage is terminated you will no longer have access to the Site. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities contained in these terms and conditions will survive termination.
This agreement is governed by the laws of Victoria and Australia.