Terms of Use

Modified on Mon, 31 Jul 2023 at 11:25 PM

bakesale is committed to connecting customers to their local bakers. Please enjoy everything bakesale has for offer and stay within the community principles.


Community Principles

1. Accepting these Terms

This document and the other documents that we reference below make up our Community Principles, or what we officially call our Terms of Use (the “Terms” for short). The Terms are a legally binding contract between you and bakesale.


Please note that Section 8. Equity/ Disputes with bakesale, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.


If you don’t agree with the Terms, you may not use our Services. Agree with us? Great, read on!


License to use

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services – subject to the Terms and the following restrictions in particular:


Don’t use our services to break the law

You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licences that your shop requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items, such as age verification upon delivery, where required by law. You may not sell anything that violates any law, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against bakesale, another bakesale user, or a third party.


Don’t try to cheat bakesale

You agree not to try and cheat bakesale of its commission, or take purchases initiated on bakesale "marketplace" off the platform.


Pay your bills

You are responsible for paying all fees that you owe to bakesale. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.


Don’t steal our stuff

You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.


Don’t try to harm our systems

You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.


Talk to us online

From time to time, bakesale will provide you with certain legal information in writing. By using our Services, you’re agreeing that we can send you information electronically (such as by email) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.


2. Intellectual Property

Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).


However, you grant bakesale licenses to use your submitted content to enable your business on bakesale and for marketing purposes.


3. Equality

Treat everyone equally.


4. Transparency

bakesale adheres to transparency on the platform to all registered members. The only exception is information classed competitive in confidence (our business secrets and why we are so awesome!).


5. Honesty

Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account. We do not accept fake names, accounts, fake addresses. Accounts with fake information will be deleted immediately.


6. Equity

Equity is the right to a fair process, and appeal. In all Bakesale processes and decisions there is a right to appeal decisions made by bakesale.


7. Dispute resolution at the source

If you find yourself in a dispute with another user of bakesale or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.


If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services.


8. Responsibility

bakesale will take responsibility for the platform, advice and events, and offering a service to connect local bakers to customers. Sellers and customers will take responsibility for their actions, products and ensure they comply with governing law, in particular, food safety and regulation.


Indemnification (or What Happens If You Get Us Sued)

We hope this never happens, but if bakesale gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend bakesale (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.


We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.


Minors

Some of the content on bakesale may be directed at adults.


You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor’s access to material online. Therefore, You must be 18 years or older to use our Services.


Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use bakesale or the Services.


9. Warranties

Items you purchase

You understand that bakesale does not manufacture, store, or inspect the items sold through our Services, except through the "Bakesale Store". We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so bakesale can’t and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. 


You release bakesale from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).


Content you access

You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. bakesale is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.


People you interact with

You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.


Third-party services

Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you

do so at your own risk. The third parties may require you to accept their own terms of use. bakesale is not a party to those agreements; they are solely between you and the third party.


10. Food Safety

By agreeing to these terms, you agree to comply with all relevant Food Safety legislation and take responsibility for understanding and staying up-to-date with your responsibilities.


11. Privacy

bakesale has volunteered to comply with the Privacy Act 1993. What this means is that we will:


          a) Only use your information for the purpose that is was given to bakesale, and;

          b) Protect your data and information to the best of our abilities, and;

          c) Inform you of any breach to your data as soon as possible after we become aware of a breach.


See our Privacy Policy for full information



Updated 31 July 2023

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