Website Terms of Use

• In these Terms:
  • ACL means the Australian Consumer Law set out in Schedule 2 of the CCA;
  • BDH means Bakers Delight Holdings Ltd (ACN 052 528 202) and its Related Entities, officers, employees, agents and contractors;
  • Bakery means a Bakers Delight bakery owned and operated by BDH or a Franchisee;
  • Business Day means a day, which is not Saturday, Sunday or a public holiday;
  • CCA means the Competition and Consumer Act 2010 (Cth);
  • Combo means a combination of different products or multiples of the same product available from a Bakery which are packaged together as a Combo;
  • Content means all content included in or on the Services (including, but not limited to, text, design, graphics, photos, images, sounds, music, videos, and code and any arrangement of those things) which is owned by BDH or licensed to BDH;
  • Dough Getters Account means the account set up to enable Members to participate in the Dough Getters Program;
  • Dough Getters Program means the customer loyalty program operated by BDH from 22 February 2021 in accordance with these Terms which records a Member’s Eligible Purchases in Bakeries and provides the Member with Rewards;
  • Dough Getters Terms of Use means the terms and conditions of use for the Dough Getters Program at https://www.bakersdelight.com.au/dough-getters/terms/ as amended from time to time;
  • Eligible Purchases means all product purchases made by a Member in Bakeries which are recorded to the Member’s Dough Getters Account, including purchases of Combos and all discounted, special priced items and charity items, but excluding purchases made by the Member:
    • online through the Online Ordering System; and
    • through third party providers or third-party delivery services;
  • Franchisee means a franchisee appointed by BDH to operate a Bakery;
  • Material includes any written works, data, photos, images, sounds, music, audio files, videos, text and other communications which you transmit or post to the Services;
  • Member means a person who successfully registers and verifies a Dough Getters Account and becomes a member of the Dough Getters Program (also known as “you” in these Terms);
  • Online Ordering System means the BDH online ordering system for the placement of Orders for products from Participating Bakeries or any application made available by BDH;
  • Online Ordering System Terms of Use means the terms and conditions of use for the Online Ordering System as amended from time to time;
  • Order means an order for the supply of products by a Participating Bakery which is submitted via the Online Ordering System;
  • Participating Bakeries means Bakeries that participate in either or both:
    • the Online Ordering System

in the country in which you registered for the Online Ordering System and/or the Dough Getters Program;

• Privacy Policy means the Bakers Delight Privacy Policy at https://www.bakersdelight.com.au/privacy-policy/,
• Related Entity has the same meaning as in the Corporations Act 2001(Cth);
• Rewards means vouchers, benefits, rewards, promotions, discounts and/or other offers that BDH may offer to Members in connection with the Dough Getters Program from time to time;
• Services means the Website and associated applications, platforms and media channels which are owned or operated by BDH, including the Online Ordering System and the Dough Getters Program and any other programs and services made available by BDH from time to time;
• Terms means these terms and conditions of use as amended from time to time;
• Trade Marks means the brand names, trade marks and logos displayed on the Services which are owned by BDH or licensed to BDH;
• Website means this website at https://www.bakersdelight.com.au/ and/or any other website used by BDH or its Franchisees, which are owned or operated by BDH; and

• These Terms apply to your use, for whatever purpose, of the Website. Please read the Terms carefully before using the Website.
• The other Services and other programs and services made available by BDH from time to time may have specific terms and conditions which will apply to them in addition to these Terms. For instance:
  • the Online Ordering System Terms of Use apply to the Online Ordering System; and
  • the Dough Getters Terms of Use apply to the Dough Getters.
• By accessing or using any part of the Website, including by downloading, accessing or using any application, platforms and media channels, you will be deemed to have accepted, in full, these Terms and the terms and conditions that apply to the other Services and the Privacy Policy, and together they will constitute a legally binding contract between BDH and you. Accordingly, if you do not agree with all or any part of these Terms and the terms and conditions that apply to the other Services you should not use the Services.
• BDH may amend these Terms from time to time for legal, practical or improvement purposes. Each time you use the Services it is your responsibility to review these Terms and inform yourself of any amendments made.  If you access or use any part of the Website after any amendments are published, you are taken to have agreed to those amendments.

• For complete Dough Getters Terms and Conditions, visit https://www.bakersdelight.com.au/dough-getters/terms/

• BDH grant you a non-exclusive licence to use the Website, subject to these Terms. BDH may terminate this licence at any time for any reason and without prior notice to you.
• The purpose of the Website is to provide information to you about BDH, including:
  • products and services available at Bakeries;
  • prices of products and services available at Bakeries;
  • the location of Bakeries;
  • BDH’s other applications, platforms and media channels;
  • online ordering for products;
  • BDH loyalty programs; and/or
  • competitions and promotions.
• The Contents of the Website are intended to provide general information only and are not to be relied on by you, or for any particular purpose.
• You agree that the information, details and descriptions set out on the Website, including the products, services, prices and Bakeries may change from time to time and you will be bound by these changes from the date the changes are published on the Services.
• In using the Website, you warrant that you are either aged 18 years or over or possess legal parental or guardian consent and that you are fully able to enter into and abide by and comply with these Terms.
• You agree that you are solely responsible for having the infrastructure and services (including hardware, software and internet connectivity) to access the Website and you assume full responsibility for any costs or charges that you incur as a result of using the Website, including any additional mobile data or other internet user charges.
• You may not misuse or interfere with the Website (including, without limitation, by hacking).
• If you wish to participate in a promotion or competition conducted by BDH you will be required to accept and will be bound by the terms and conditions relevant to the particular promotion or competition, which terms and conditions will apply in addition to these Terms.

• You acknowledge that intellectual property associated with the brand Bakers Delight included in or on the Website is owned by BDH or licensed to BDH and is protected by copyright, trademark, and other laws in Australia and various other countries. The intellectual property includes:
  • the Content; and
  • the Trade Marks.
• The intellectual property is provided to you for your information. BDH does not grant you any express or implied right to use, copy, reproduce, republish, modify, create derivative works from, store in or on any public or private electronic retrieval system, upload, post, communicate, transmit or distribute in any way any of the Content, the Trade Marks or any other intellectual property. In the event that you copy any of the intellectual property including the Content and the Trade Marks, you acknowledge that your actions will be a breach of these Terms and BDH reserves all of its legal rights and remedies.

• BDH does not guarantee that the Website will be available 24 hours a day 7 days a week.
• Access to the Website may be suspended temporarily and without notice to you in the case of a system failure, required maintenance or repair or for reasons beyond BDH’s control.
• BDH is not liable if for any reason the Website or any part of the Website are unavailable at any time or for any period due to maintenance, whether planned or unplanned, or for any other reason.

• BDH reserves the exclusive right to at any time:
  • change, add or delete the design and Content of the Website; or
  • discontinue publishing any of the information published on the Website, including its products, services and/or, prices on a temporary, permanent or indefinite basis; or
  • suspend or stop the Website, or any part of it.
• You agree that BDH is not required to give you prior notice in exercising these rights and in the event of this occurring, you are not entitled to make any claims for compensation, damages or any other type.

• Other than your personal information, which is covered by the Privacy Policy referred to below, any Material you transmit or post to the Website will be taken to be non-confidential and non-proprietary.
• You warrant as follows in respect of the Material you transmit or post to the Website:
  • the Material is an original creation, or you own or have the right to use the Material;
  • the Material is not misleading or deceptive;
  • the Material does not infringe the rights of any third party; and
  • the Material is not threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence or in breach of privacy laws.
• In respect of the Material you transmit or post to the Website:
  • you assign your intellectual property rights in the material to BDH; and
  • you agree BDH and its Franchisees and their officers, employees, agents and contractors will be free to copy, disclose, distribute, incorporate and otherwise use the Material for any commercial or non-commercial purposes, including featuring the Material on the Website and in any other advertising, print material or other media release, with or without publishing your name and without being required to make any payment to you; and
  • BDH may, at any time, remove any Material you transmit or post to the Website, without prior notice to you, and in its sole discretion.
• BDH does not endorse any of the Materials or any statements or opinions contained in the Materials.
• You are prohibited from posting or transmitting to or from the Website anything:
  • that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy laws or which may cause annoyance to, or inconvenience for, BDH or any other person; or
  • for which you have not obtained all necessary licences and/or approvals; or
  • which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of, or infringe the rights of any third party in, any country in the world; or
  • which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
• It is BDH’s policy to co-operate fully with any law enforcement authorities or court order requesting or directing BDH to disclose the identity or locate anyone transmitting or posting anything, including Material in breach of this clause 6 or any law.
• You cannot make a claim against BDH and/or its Franchisees and their officers, employees, agents and contractors for such use of the Material by BDH and/or its Franchisees and their officers, employees, agents and contractors for any commercial or non-commercial purposes.
• You are liable for any claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to legal fees on a full indemnity basis) arising from or in connection with a breach of this clause 6 by you and you agree to indemnify and hold harmless BDH and its Franchisees and their officers, employees agents and contractors, from and against such claims, damages, obligations, losses, liabilities, costs or debt and expenses.

• A “cookie” is a small text file placed on your computer by a web server when you access a website. The cookie identifies the computer being used, but not individual user.  Like many other Websites, the Website uses cookies to make a record of your visit to the Website, and will record the following information:
  • your server address;
  • your top level domain name;
  • the date and time of access to the Website;
  • the pages accessed and documents downloaded;
  • the previous web site visited; and
  • the type of browser software in use.
• BDH use this information for various purposes, including statistical purposes, but in each case, the information collected cannot be used to identify you personally.
• You may be able to disable cookies on your web browser, but doing so may limit your ability to use the Website fully.

• While BDH tries to ensure that the information BDH posts on the Website, including prices, product names, product descriptions, nutritional information and food allergen warnings, are correct, BDH does not warrant the accuracy, currency, completeness or usefulness of that information. You agree any nutritional advice on the Website is not intended to, and does not, constitute professional advice.
• BDH does not guarantee that the Website will be free from errors, viruses or other harmful components.

• You expressly agree that use of the Website at your sole risk.
• BDH and its Franchisees, exclude all warranties and guarantees in connection with the Website or your use of them. For the avoidance of doubt, this exclusion includes an exclusion of all conditions and warranties implied by custom, the general law or statute, except for any warranties or guarantees which may not be excluded by force of the ACL or similar legislative provision.
• To the extent permitted by law, BDH and its Franchisees are not liable to you for any loss, claim cost, expense, damages or liability, including but not limited to loss of data, loss of profits, loss of goodwill or any other direct, indirect, special or consequential loss or damage, suffered or incurred by you or any other person as a result of or arising from:
  • your use or access, inability to use or access or the results of use or access to the Website or of any services linked to the Website or the Content or Material on such Website;
  • your use of or inability to use or the failure of the Online Ordering System, including errors made by you in ordering products, delays in you collecting products caused by, or in any way connected with, any cause outside of the reasonable control of BDH, and/or its Franchisees, including but not limited to delays due to traffic, accidents or weather conditions, strikes, industrial disputes, terrorism, riot, fire, storm and other acts of God, communications or network failures;
  • viruses that may infect your computer equipment, software, data or other property on account of your use of, access to or browsing of the Website or any linked services, or your downloading of any Content or Material from the Website or any linked services; and/or

• In relation to any product or service purchased as a consequence of your use of the Website, the liability of BDH and its Franchisees under any guarantee or warranty implied or stipulated by the ACL or similar legislative provision which may not be excluded but which may be limited in any of the following ways, is limited to:
  • in the case of products or services supplied, where the failure is a major failure:
    • the refund of the price paid by you for products or services; or
    • the replacement of the products; or
    • compensation for the reduced value of the products or services;
  • in the case of products or services supplied, where the failure is a minor failure (at the option of BDH or the Franchisee):
    • the refund of the price paid by you for the products or services; or
    • the replacement of the products or services; or
    • the re-supply by BDH or the Franchisee of the products or services.
  • These Terms will not be construed as excluding, qualifying or limiting your statutory rights or remedies.

You:

• release and discharge BDH and its Franchisees from any and all claims, actions, disputes, demands, proceedings, accounts, interest, costs (whether or not the subject of a court order), expenses and liabilities of whatever nature and however arising which you may now have or at any time thereafter might have or, but for these Terms, might have had against BDH or its Franchisees arising out of or in any way connected with or incidental to the use or misuse of the Website (including in relation to any Material which you upload to the Website);
• covenant in favour of BDH and Franchisees not to bring or pursue, procure that a third party bring or pursue, provide financial support for or otherwise support any claim, action, dispute, demand or proceeding in any court or tribunal in respect of any matter which is the subject of a release under this clause 10; and
• irrevocably indemnify and hold harmless BDH and its Franchisees, from and against any and all claims, liabilities, losses, costs and expenses (including but not limited to legal fees on a full indemnity basis) arising out of or in any way connected with or incidental to:
  • the use or misuse of or access to the Website by you or your officers, employees, agents or contractors or the use or misuse of or access to the Website authorised, enabled or facilitated by you or your officers, employees, agents or contractors; and
  • any breach of any of these Terms by you.

• Links to third party websites, applications, platforms and media channels (third party platforms) on the Services are provided solely for your convenience. If you use these links, you leave the Services and you will be bound by the terms and conditions applicable to the third party platforms. BDH has not reviewed all of these third party platforms and does not control and is not responsible for these third party platforms or their content or availability. BDH, therefore, does not endorse or make any representations about them or any content found there or any results that may be obtained from using them. If you decide to access any of the third party platforms you do so entirely at your own risk.
• You may not create links to the Services without BDH’s prior written consent.

If there is any inconsistency or conflict between any of these Terms and anything stated in any part of the Services these Terms prevail to the extent of the inconsistency or conflict unless expressly stated otherwise and subject to the following:

• to the extent of any inconsistency between these Terms and the Dough Getters Terms of Use, the Dough Getters Terms of Use shall prevail; and
• to the extent of any inconsistency between these Terms and the Online Ordering System Terms of Use, the Online Ordering System Terms of Use shall prevail.

If any provision of these Terms is held by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the balance of these Terms.

These Terms are governed by the law in force in Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, and any court that may hear appeals from any of those courts. You irrevocably waive any right you might have to claim that those courts are an inconvenient forum and any objection to the venue of any proceedings on the ground that they have been brought in an inconvenient forum.

• Your use of the Services may require you to submit personal information. The personal information that BDH collects and uses may include your name, address, mobile phone number, email address, date of birth and payment information. Without the requested personal information, BDH may be unable to provide the products or services requested by you.
• You acknowledge that your payment information is not collected or stored by BDH but rather by the third party payment gateway provider used by BDH and its Franchisees to process orders placed through the Online Ordering System. Whilst BDH has taken reasonable steps to ensure the third party payment gateway provider will comply with privacy laws, BDH and its Franchisees cannot provide a guarantee with respect to the security of your payment information and to the extent permitted by law, BDH and its Franchisees are not liable to you for any loss, claim, cost, expense, damages or liability, including but not limited to loss of data, loss of profits, loss of goodwill or any other direct, indirect, special or consequential loss or damage, suffered or incurred by you or any other person as a result of or arising from any breach of security or unintended loss or disclosure of your payment information.
• The Privacy Policy forms part of these Terms and applies to all personal information submitted by you.
• Unless BDH notifies you otherwise, BDH does not actively disclose your personal information overseas. However, use of certain programs or websites by BDH, may involve inadvertent disclosure overseas.  For example, BDH uses Woo Commerce by WordPress to facilitate its Online Ordering System.  This may involve disclosures to various countries, in accordance with its privacy policy at https://automattic.com/privacy/.  Further information relating to the programs or websites being used and the countries to which your personal information may be disclosed, is contained in the Privacy Policy.
• To facilitate the Dough Getters Program, BDH uses Cheetah Digital. Cheetah Digital has offices all around the world including United States, United Kingdom, France, Germany, Australia and Japan and may store or process your personal information in Australia or overseas, in accordance with its privacy policy located at: https://www.cheetahdigital.com/services-privacy-policy.
• By using the Services and providing BDH with your personal information, you agree to the Privacy Policy and consent to BDH collecting, using, disclosing, processing, and storing your personal information in accordance with the Privacy Policy.
• If you consent to disclosure of your personal information as described above, BDH is not required to take reasonable steps to ensure that programs or websites such as Woo Commerce do not breach the Australian Privacy Principles (APPs) in relation to the disclosed information, BDH will not be liable under the Privacy Act 1988 (Cth) or any amending legislation and you will not be able to seek redress under the Privacy Act 1988 (Cth) or any amending legislation. Such entities may not be subject to any privacy obligations in their own country that are similar to the APPs, you may not be able to seek redress in the overseas jurisdiction and the overseas recipient could be subject to foreign laws that compel disclosure to third parties, such as overseas authorities.  Having been informed of the possibility that such disclosures may occur, you consent to that disclosure.
• The Privacy Policy also contains information about how you may access or seek correction of your personal information, how to file a complaint and how BDH will deal with your complaint.
• To view BDH’s full Privacy Policy, please click here https://www.bakersdelight.com.au/privacy-policy/
• By using this website, you agree to our use of Microsoft Clarity for data collection. Please click here to view Microsoft Clarity’s full terms & conditions.