Terms & Conditions
Terms & Conditions of Website Use
Your use of the La’Bakehouse website and online services is governed by these Terms and Conditions.
By viewing the La’Bakehouse website, you agree to be bound by these terms and conditions.
- 1.1 References to “we”, “us” or “our” are references to La’ Bakehouse Exquisite Pty Limited (ABN 18 152 717 694) and its subsidiaries, associates and officers, unless otherwise stated.
- 1.2 References to “you” or “your” are references to the person, partnership, Company or Trustee ordering Products from us or visiting the Website.
- 1.3 These Terms and Conditions govern your access to the Website. By entering the Website, you agree to be legally bound by these Terms and Conditions.
- 1.4 The Terms & Conditions and supply of Products shall be governed by, and construed in accordance with the laws from time to time applying in the Australian Capital Territory, Australia (‘the Jurisdiction’). La’Bakehouse and you submit to the exclusive jurisdiction of the courts of the Jurisdiction and, where available, the Commonwealth of Australia, and those that have jurisdiction to hear any appeals from them.
- 1.5 You may have the benefit of consumer guarantees under the Australian Consumer Law. Otherwise, to the maximum extent permitted by law, all terms, conditions or warranties that would be implied into these Terms and Conditions or in connection with the supply of any of the Products by us under law or statute or custom or international convention are excluded.
- 2.1 The information on this Website is provided on an ‘as is’ basis. To the fullest extent permitted by the law we:
- 2.1.1 Exclude all representations and warranties relating to this Website and its contents, including in relation to any potential inaccuracies or omissions on the Website;
- 2.1.2 Exclude all liability for damages arising out of, or in connection with, your use of this Website. This includes, without limitation: direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised us of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs, and the data thereon, or any other direct, or indirect, consequential and incidental damages,
3. Links to this Website
- 3.1 You may not create a link to any page of this Website without our prior written consent. If you do create a link to a page of this Website you do so at your own risk and the exclusions and limitations set out above at 2.1 will apply to your use of this Website by linking to it
4. Links from this Website
- 4.1 We do not monitor or review the content of other parties’ websites which are linked to or from this website.
- 4.2 Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material.
- 4.3 We are not responsible for the privacy practices, or content of any other parties’ website
5. Privacy and Confidentiality
6. Copyright Notice
- 6.1 Copyright and other relevant Intellectual Property rights exist in all text and images relating to our services and Products and the full content of this Website.
- 6.2 LaBakehouse’s logo is a Licenced Trademark.
- 6.3 You may not copy any of the website text or images without prior express written approval from La’Bakehouse.
In these Terms and Conditions, unless the context otherwise requires, or the contrary intention appears:
- 7.1 Consequential Loss means loss of profit, loss of revenue, increased financing costs, loss arising from delay, or any consequential loss, special or indirect loss or damage, whether or not the possibility or potential extend of the loss or damage was known or foreseeable, and whether arising from a claim under indemnity, contract, tort (including negligence), statute or otherwise.
- 7.2 Intellectual Property means the rights of the Licensor subsisting or capable of subsisting or being obtained under intellectual property legislation (including legislation dealing with copyright, designs, patents, or trademarks) and includes all know-how, trade secrets, specifications, processes, designs, and other like rights in relation to the manufacture and sale of gluten-free Products.
- 7.3 Licensed Trademark means the licenced trademark number 1579546.
- 7.4 Loss means any expense, cost or damage of any kind and includes Consequential Loss and a fine or penalty imposed by a statutory or other authority.
- 7.5 Products mean the gluten free bread, cakes, sweets and other food items made by us.
- 7.6 Website means www.labakehouseequisite.com.au.
8. Intellectual Property Title
- 8.1 You acknowledge that La’Bakehouse is the Licensor of the Intellectual Property including the Licensed Trademark in Australia and the La’Bakehouse Logo.
- 8.2 You undertake not to take any action which would, or might, invalidate, or put in dispute the Licensor’s title, nor use it, nor infringe on any rights to our title as Licensor, not assist any other person directly or indirectly in any of these acts.
9. Limitation of liability
- 9.1 To the maximum extent permitted by law and subject to these Terms and Conditions, our total liability arising out of or in connection with the performance of our obligations pursuant to these Terms and Conditions, or arising out of or in connection with the supply of the Products is limited as follows:
- 9.1.1 we shall have no liability to you for any Consequential Loss;
- 9.1.2 our total aggregate liability for Loss, however arising, shall not exceed the GST exclusive aggregate price paid by you to us for the specific Products that gave rise to the Loss in question.
- 9.1.3 the limitations and exclusions in this subclause 9.1 do not apply to the extent that any Loss is directly attributable to:
- 18.104.22.168 the personal injury or death caused by our default, breach of these Terms and Conditions or negligence; or
- 22.214.171.124 fraud by us.
- 9.2 Each party must take reasonable steps to mitigate any Loss it suffers or incurs.
- 10.1 We reserve the right to change, alter, delete or remove any of the Products or goods and material on our Website.
- 10.2 We will not be liable to you or any third party for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access to or inability to access the Website or your use or reliance on the Website or any of the information or materials available on the Website, regardless of the type of claim or the nature of the cause of action.
- 10.3 Any changes to these Terms & Conditions will be notified on the Site.