TERMS AND CONDITIONS KET BAKER


Introduction

These terms and conditions govern your use of this website, including the purchase of goods or services over this website; by using this website, you accept these terms and conditions in full.  If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Ket Baker's use of cookies in accordance with the terms of Ket Bakers's [privacy policy / cookies policy].


License to use website

Unless otherwise stated, Ket Baker and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or use pictures from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 
If you download any content from the interactive part of our website, you may not adapt, reproduce, store, distribute, transmit, print, display, publish, create derivative works from or commercialise any information, products or services from such downloaded content.

Subject to the terms and conditions of these Terms, and your compliance with these Terms, Ket Baker hereby grants you a limited, personal, non-exclusive, and non-transferable license to use these Sites and the materials contained thereon solely for your personal use. Except for the foregoing license, you have no other rights in the Sites or any materials and you may not modify, edit, copy, reproduce, distribute, publish, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Sites or materials in any manner. You may not access the Sites (including the Site content) to build similar or competing websites.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed materials.


Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not impersonate any other person.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Ket baker express written consent.


Restricted access

Access to certain areas of this website is restricted. Ket Baker reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at Ket Bakers discretion.

If Ket Baker provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. 

Ket Baker may disable your user ID and password in Ket Bakers sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You agree that you will not post or transmit on or to our website any content that:
• is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;
• incites or encourages conduct that is unlawful;
• contains information that is false or misleading;
• contains unsolicited advertising or promotional materials;
• contains material in which the copyright is owned by another person or entity, is not your original work or is sourced from any third party;
contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
 You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

You acknowledge that we have the right to monitor the contents of the entire Website, including but no limited to chat rooms, emails, forums, posting and advertisements. You acknowledge that while we have the right to monitor the entire Website, we do not have an obligation to monitor the website. We advise that monitoring of the website is to ensure compliance with the terms and conditions, privacy policies and guidelines contained within the website. Monitoring of the Website will also occur to ensure compliance with all applicable laws and regulations.

You grant to Ket Baker a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Ket Baker the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Ket Baker reserves the right to edit or remove any material submitted to this website, or stored on Ket Bakers servers, or hosted or published upon this website.

Limitations of liability

In this clause, the expression "we, us, our" includes reference to our employees, agents, affiliates and related third parties.
We are unable to guarantee that the use of the website will be uninterrupted or error free and you agree that use of the website is at your sole risk.
We do not accept responsibility for any loss, damage, injury, expense or cost, however caused or incurred (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.
We accept no responsibility for any equipment you use to access the website or any loss, damage, injury, expense or cost suffered to that equipment.
We are not liable for any loss resulting from any action taken or reliance made by you on any content posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any content which appears on our website.
We do not accept any liability for the accuracy or content of any material posted or transmitted by other users to our website. We are not liable for any loss resulting from any action taken or reliance made by you on any content posted by another user.
We do not accept any responsibility or liability for any content which you post or transmit to our website, nor do we accept any responsibility for any use or misuse which you or any other users or guests make of content which you post or transmit to our website.
If you download any content from our website, you acknowledge that we are not liable to you for any loss, damage, injury, expense or cost, however caused or incurred, arising from the downloading or subsequent use of the downloaded content.
You agree that we will be under no liability to you in respect of any loss, damage, injury, expense or cost (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied over this website.

Shipping

Due to the freshness and artisanal production of Ket Bakers products, we require to receive the order minimal 48hr in advance of delivery, based on delivery in Geelong-area, please contact us for further details. We carefully package your goods to avoid them being damaged in transit. If, for any reason you are unhappy with the condition of your goods on delivery, please contact us immediately.
You will be charged a flat fee for delivery when ordering, choosing delivery and paying through our website. You can also decide to arrange pick up at Ket Baker’s premises.

Goods must be signed for on delivery, as proof they have reached you and freshness is guaranteed. Please contact us to obtain a  ‘Authority To Leave’ request form available for deliveries without a signature, we may not agree to ship under these conditions due to the type of product we supply. If you agree to the ‘Authority To Leave’ conditions, you also forgo being able to claim on the products if they go missing in transit.
If goods have to be delivered a second time, as there is no authorised person available to sign for them, a $15.00 re-delivery fee may be charged. We only deliver goods to street addresses, not to a PO Box. Due to service coverage and climate restraints we may not be able to ship our goods to more remote regional areas.

Warranty Returns, Refunds, Exchanges

To the extent permitted by law, no refunds will be provided for any products purchased over the website if you simply change your mind. Given the nature of the product sold we are also unable to offer exchanges for any products purchased over our website.
Once goods are purchased they are unable to be cancelled. No refunds will be provided for cancelled orders once payment has been made.

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  Ket Baker makes no representations or warranties in relation to this website or the information and materials provided on this website. 

Without prejudice to the generality of the foregoing paragraph, Ket Baker does not warrant that:

this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.


Specific warnings

In this clause, the expression "we, us, our" includes reference to our employees, agents, affiliates, subcontractors and related third parties.

You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.

The photos taken on this website are indication only, and we cannot guarantee that the product will look exactly the same. We are dependent on local and seasonal availability of fruits and other ingredients to garnish and Ket Baker holds the artistic freedom to variate the products.
 
You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.

Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.

Details contained on this website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.

You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 
If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Ket Baker has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Ket Baker officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Ket Bakers officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Ket Baker.

Indemnity

You hereby indemnify Ket Baker and undertake to keep Ket Baker indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Ket Baker to a third party in settlement of a claim or dispute on the advice of Ket Bakers legal advisers) incurred or suffered by Ket Baker arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Force Majeure
If a Force Majeure event causing delay continues for more than Thirty (30) days, we may terminate this Agreement by giving at least Seven (7) days Notice to you.  “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

Breaches of these terms and conditions

Without prejudice to Ket Bakers other rights under these terms and conditions, if you breach these terms and conditions in any way, Ket Baker may take such action as Ket Baker deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Ket Baker may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

Ket Baker may transfer, sub-contract or otherwise deal with Ket Bakers rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

Entire agreement

These terms and conditions, together with [privacy statement, constitute the entire agreement between you and Ket Baker in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.
    If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.  If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Privacy
We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us.  Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

Registrations and authorisations

Ket Baker is registered with ASIC.  You can find the online version of the register at www.asic.gov.au.

Ket Bakers tax number is 48263104818.

Ket Baker details

The full name of Ket Baker is Ket Baker. 

Ket Baker,s registered address is 79 Simons Road, 3224. 

You can contact Ket Baker by email to info@ketbaker.com.au