For All Users,
1. Who we are
We are Homebakee, a baking company that operates in Singapore and New York City.
By registering on our website or using any of the services provided through our website, you agree and accept to be bound by the terms and conditions as listed herein. Please read through the terms and conditions carefully. If you do not fully accept these terms and conditions or any part of these terms and conditions, please do not use our website and our services. Continued use of our website and our services will constitute as acceptance of the terms and conditions.
This document was created using a template from SEQ Legal (http://www.seqlegal.com).
In this Terms and Conditions: “Account” refers to the baker or customer account you will need to sign up for on this Website to make a purchase on this Website. “User” or “You” refers to any individual who visits and/or uses our Website, regardless of whether the individual makes a purchase on this Website. “Customer” refers to any individual who makes a purchase on this Website. “Bakee” refers to the home-based bakers who have registered to sell their homemade baked items on this Website. “Order” refers to the purchase request for a Product listed on this Website. “Product” refer to any item that is being sold by our Bakees on this Website. “Service” refers to the delivery and ordering service that Homebakee provides our customers. “Website” refers to www.homebakee.com and any of its microsites. “We”, “us” and “Homebakee” refers to the Homebakee team.
To register on our Website or use our Website for any of the services provided, you must be 21 years of age or over. If you are under the age of 21, you may use our Website only under the guidance of a parent or a guardian.
6. Acceptable Use and Prohibitions
- You may:
(i) view pages from our website in a web browser;
(ii) download pages from our website for caching in a web browser;
(iii) print pages from our website;
(iv) stream audio and video files from our website; and
(v) use www.homebakee.com by means of a web browser, subject to the other provisions of these terms and conditions.
- Except as expressly permitted by Clause 6(a) or the other provisions of these terms and conditions, you must not download any material from our Website or save any such material to your computer.
- You may only use our Website for your own personal purposes, and you must not use our Website for any other purposes.
- Except as expressly permitted by these Terms and Conditions, you must not edit or otherwise modify any material on our Website.
- Unless you own or control the relevant rights in the material, you must not:
(i) republish material from our Website (including republication on another website);
(ii) sell, rent or sub-license material from our Website;
(iii) show any material from our Website in public;
(iv) exploit material from our Website for a commercial purpose; or
(v) redistribute material from our Website.
- We reserve the right to restrict access to areas of our Website, or indeed our whole Website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.
- You must not:
(i) use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;
(ii) use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(iii) use our 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;
(iv) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent;
(v) access or otherwise interact with our Website using any robot, spider or other automated means;
(vi) violate the directives set out in the robots.txt file for our Website; or
(vii) use data collected from our Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
(viii) use our Website as a means to contact our users for the purpose of communicating outside our platform (i.e. Website)
- You must not use data collected from our Website to contact individuals, companies or other persons or entities.
- You must ensure that all the information you supply to us through our Website, or in relation to our Website, is true, accurate, current, complete and non-misleading.
- Your content (“your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website) must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person.
- Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(i) be libellous or maliciously false;
(ii) be obscene or indecent;
(iii) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(iv) infringe any right of confidence, right of privacy or right under data protection legislation;
(v) constitute negligent advice or contain any negligent statement;
(vi) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(vii) be in contempt of any court, or in breach of any court order;
(viii) be in breach of racial or religious hatred or discrimination legislation;
(ix) be blasphemous;
(x) be in breach of official secrets legislation;
(xi) be in breach of any contractual obligation owed to any person;
(xii) depict violence;
(xiii) be pornographic, lewd, suggestive or sexually explicit;
(xiv) be untrue, false, inaccurate or misleading;
(xv) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(xvi) constitute spam;
(xvii) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(xviii) cause annoyance, inconvenience or needless anxiety to any person.
- You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media in relation to this website.
- You grant to us the right to sub-license the rights licensed under Clause 7(c).
- You grant to us the right to bring an action for infringement of the rights licensed under Clause 7(c).
- You may edit your content to the extent permitted using the editing functionality made available on our website.
- Without prejudice to our other rights under these terms and conditions, if you breach any provision of these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may delete, unpublish or edit any or all of your content.
8. Suspensions and Terminations
We reserve the right to edit, suspend or terminate any Account on our Website that does not comply with Clause 6, Clause 7 or Clause 9, at any time at our sole discretion without notice or explanation. This includes the temporary or permanent removal of any post or material uploaded by the Account onto our Website.
9. Terms of Sale
9.1. Registration and Accounts
- To place an order, you must send us an inquiry through our Website. You will be required to provide us with a valid personal email address, telephone number, delivery address and possibly other personal information.
- You must provide us only with information that is accurate and true. Your Account must not be liable to mislead and must comply with the content rules set out in Clause 6; you must not use your Account for or in connection with the impersonation of any person.
- You must also keep your information up to date by promptly informing us of any changes; Homebakee shall not be responsible for any delay or non-performance of its obligations under this Terms and Conditions arising from inaccurate, outdated or misleading information provided by you.
- You must not misuse this Website by sending false inquiries.
- You must not allow any other person to act on behalf of yourself when accessing the website.
- You must notify us immediately if you become aware of any unauthorised use of your account.
- We reserve the right to terminate an Account at any time, without prior notification.
9.2. Price and Payment
- The price of any Product will be listed clearly on our Website. Delivery charges are included in the final package prices.
- Prices are liable to change at any time, but changes will not affect orders which you have already made, except for cases of obvious pricing error. While we do our best to ensure that all information which appear on this Website are accurate and current, there may still be occasions where errors may occur. If an error (on the Website or on the Order Receipt Email) is discovered by us in the price of any Products you have ordered, we will notify you of the error as soon as possible and give you the option of accepting your Order at the correct price or modifying/cancelling your order. If we are unable to contact you, we will cancel the Order.
- Payment for all products can be made through third-party online payment providers. Cheques, bank transfers and any other alternative mode of payment will not be accepted. Payment is made to Homebakee Pte Ltd in Singapore or Homebakee Inc. in New York. Homebakee will subsequently pass on the applicable payment to the relevant Bakees. We are permitted by our Bakees to accept payment on their behalf. Your payment obligation to the Bakees will be relieved upon payment of the price of any Products to us.
- When you place an Inquiry, our team will contact you within a two-day period, barring unexpected circumstances.
- Our Bakees are solely responsible for the supply and production of all Products listed on our Website. All Products are subject to availability. In the instance where a Bakee is unable to provide you with the Product you ordered, an alternative Product may be offered to you by the same Bakee, or by a different Bakee. You may however choose not to accept the alternative Product, and the Order will be cancelled.
- Homebakee cannot guarantee that any of the Products sold through our Website are free of food allergens. The ingredients our Bakees use to make the Products may contain food allergens. If you have a food allergy, please indicate clearly when making an inquiry.
- We do our best to oversee our Bakees to assure the highest quality Products and Service, and to ensure they comply with our standards. All of our Bakees are expected to maintain the highest level of food hygiene. They are expected to complete a Food Hygiene course and a kitchen inspection. However, should there be any comments or complaints about our Bakees or the Products provided by the Bakees, please do contact us through our contact number or email address.
- You have the right to cancel an order within a reasonable time and before the order is initiated by our Bakees. An order is considered initiated when the Bakee has started preparing the order. Homebakee alone determines whether an order is considered initiated or not. Customers can cancel an order by contacting Homebakee through our contact email or telephone number as stated on the Website. A cancellation will only be considered successful once Homebakee confirms the cancellation with you and acknowledges that you will not be charged. Any order cancelled after the order is Initiated will be charged to you.
- Homebakee and the Bakees may cancel any order at our discretion. You will be immediately notified of this cancellation, and will not be charged for any orders cancelled by us or our Bakees.
- In the unexpected event that a Product sold by one of our Bakees is unfit for consumption, you will receive full refund for the purchased Product from the relevant Bakee. We may also remove the Bakee from our Website, should we deem it necessary.
- In the unlikely event that a Product is lost/damaged during the course of delivery, Homebakee will provide a full refund limited to the total purchase cost of your Product.
- We aim to provide the best and most reliable delivery service for both our customers and our Bakees. However there may be certain factors such as traffic conditions and weather that are not within our control which may adversely affect the efficiency of our delivery service. Regardless, we will do our best to ensure the delivery arrives within the time range stated through phone conversation or via e-mail. In the event that our delivery driver is late for a delivery, we may offer you 10% refund for your next order.
- You are expected to be present at the delivery address you provided us in your Order, at the delivery time range you have indicated. If you do not answer the door or respond to our calls within 15 minutes of our delivery drivers physically reaching your address, we may leave the premises, and you will be charged for the Product.
10. Limitation of Liability
- Homebakee provides this Website and our Services on an “as is” basis. We do not warrant or represent:
(i) the completeness or accuracy of the information published on our website;
(ii) that the material on the website is up to date; or
(iii) that the website or any service on the website will remain available.
We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website. To the maximum extent permitted by applicable law and subject to Clause 10(b), we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
- Nothing in a contract under these terms and conditions will:
(i) limit or exclude any liability for death or personal injury resulting from negligence;
(ii) limit or exclude any liability for fraud or fraudulent misrepresentation;
(iii) limit any liabilities in any way that is not permitted under applicable law; or
(iv) exclude any liabilities that may not be excluded under applicable law.
- The limitations and exclusions of liability set out in this Clause 10 and elsewhere in a contract under these terms and conditions:
(i) are subject to Clause 10(b); and
(ii) govern all liabilities arising under that contract or relating to the subject matter of that contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that contract.
- To the extent that our Website and the information and Services on our Website are provided free of charge, we will not be liable for any loss or damage of any nature.
- We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
- We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
- We will not be liable to you in respect of any loss or corruption of any data, database or software.
- We will not be liable to you in respect of any special, indirect or consequential loss or damage.
- You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
- Nevertheless, in any event that Homebakee or any of its Bakees are found to be legally liable to you, our total aggregate liability is limited to the total purchase amount relevant to your associated order.
You shall indemnify Homebakee against all liabilities, costs, expenses, claims, damages and losses, including but not limited to legal fees, arising from your use of this Website or your breach of these Terms and Conditions.
12. Circumstances Not Within Our Control
Homebakee shall not be liable to you for any delay or failure to meet our obligations as listed in this Terms and Conditions arising from any cause beyond our control including, but not limited to, any of the following: act of God, governmental act, war, fire, flood, explosion, civil commotion, extremely severe weather, or failure of any telecommunications systems and networks.
13. Intellectual Property Rights
Homebakee owns and controls all the copyright and other intellectual property rights in our Website and the material on our Website, excluding that which are provided by or purchased from professional photography services for the use of our marketing. All the copyright and other intellectual property rights in our Website and the material on our Website are reserved.
We may amend these Terms and Conditions periodically. All changes to these Terms and Conditions will be posted on this Website. The revised terms and conditions shall apply to the use of our Website from the date of publication of the revised Terms and Conditions on the Website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these Terms and Conditions. It shall be the responsibility of the Customer to check this page regularly to take note of any changes that may have been made. Continued use of this Website will be deemed to constitute acceptance of the new Terms and Conditions.
If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
17. Entire Agreement
18. Law and Jurisdiction
A contract under these terms and conditions shall be governed by and construed in accordance with the law of Singapore and New York State. Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Singapore and New York State, depending on the location where the said dispute had occurred.
- We welcome home-based bakers to join our community by signing up on our Baker Register page.
- Any home baker is welcomed to sign up with us, however there are certain qualities and standards that we like our bakers to meet:
(i) Bakees must produce their own items (not reselling of other products)
(ii) They are also required to complete the Food Hygiene Course at a recognized institution and kitchen inspection before they are fully onboarded.
- Upon registration, Bakees will be asked to:
(i) Provide pictures of their products
(ii) Send us samples of the products you wish to sell through our platform for a taste-test
(iii) Provide a short story about themselves along with a short description.
- Bakees should also upload all relevant information, including: name, contact number (preferably their phone numbers), collection address, bank account number and type, email address. Information provided must be accurate and true; Homebakee will not be held responsible for any loss (monetary or otherwise) or non-performance of its obligations resulting from inaccurate or outdated information.
- Homebakee reserves the right to remove any Bakee from the website without prior notification.
- Bakee can choose to deactivate their account with us at any time by emailing us a request at firstname.lastname@example.org.
- We recommend that product pictures uploaded be of high quality, and product description should also be filled in. Product pictures MUST be of the Bakee’s own products; Using an existing Google image, or pictures of other people’s products (no matter how similar) is strictly not allowed.
- Bakees should agree to our wholesale rate or an agreed price before they are fully onboarded.
- Bakees should also take note that they face penalties, including expulsion from the platform, in the event that they do not fulfil an order that they had verbally or in writing agreed to take on, or if they expressed undesirable behavior toward a member of the Homebakee team or customer.
3. Cleanliness And Hygiene
Homebakee demands the highest standard of cleanliness and hygiene from all our bakers when they prepare food for the Homebakee community.
Authorities in Singapore and New York have provided instructions for home-based cooks and bakers who wish to sell their home-made food. This information is readily available online. Homebakee has also listed the following set of measures for Bakees to observe when preparing items for members of our community:
- Storage of Ingredients
- Storage of dry ingredients (i.e. flour, sugar, cocoa powder etc.) should be in a cool, dry place.
- Storage of butter, cream, cream cheese, milk etc. should be in the chiller at a temperature between 1-4 degrees Celcius.
- Fridge should be kept clean, organised and not overfilled.
- General Kitchen Cleanliness and Organisation
- Dish cloths/sponges should be washed and cleaned regularly
- Ovens should be wiped clean if spills occur
- Baking equipment should be washed thoroughly after use
- Keep worktop clear of clutter and clean as you bake
- Storing of Baked Goods
- Baked goods ready for delivery should be boxed, labelled clearly with their ID number and kept refrigerated if needed
- Raw food should not be stored on the shelves above or same as the baked item
- Personal Hygiene
- If baker has long hair, it would be preferable for it to be tied back while working
- Nails are ideally kept clean, trimmed and free of nail polish
- Wash hands thoroughly before baking and after touching raw ingredients such as eggs
- Please do not bake if you feel unwell. Get lots of rest and drink lots of water
All bakers registered on Homebakee must complete their food hygiene training by an approved training institution.
4. Delivery And Pick Up
We provide delivery for all orders that are made on our website. We will contact the Bakee at least a day before the delivery to arrange for a pickup time.
- Products ordered must be ready for collection on the day of delivery. Collection time usually ranges from 1-3 hours before delivery time for customers; the Homebakee team will confirm the collection time with Bakees at least a day prior to delivery. If products are not ready by the time of collection on the day of delivery and result in a late delivery or the need for alternative delivery arrangements to be made, Bakees may be liable for the cost of the failed delivery, as well as the cost of the alternative delivery method.
- If Bakees are unable to make an order, they should inform Homebakee at least 5 days before delivery so that alternative arrangements can be made. If products are not ready for collection and result in a failed delivery, the Bakee may be liable for the cost of the failed delivery and may be expelled from the platform.
- Collection address of Bakees will be limited to two addresses. Bakees must inform Homebakee of the right collection address prior to collection.
- Bakees should be present or have someone present to pass the baked goods to Homebakee drivers during the agreed collection period. If they are not present, or cause unnecessary delay, Bakees may be liable for the cost of the failed delivery.
- Should a Bakee fail to fulfill their orders, their Homebakee account may be suspended or removed. This is to ensure the overall reliability of orders made on Homebakee.
5. Quality And Quantity
Our home-based bakers are expected to do their best to maintain the highest standards of care and quality in items that they bake for our Homebakee community. They should not sell in large quantities so as to ensure that high standards are met and should produce products that are within the permitted range. We may deactivate a Bakee’s account in the event that we receive complaints about their items from members of our community.
We will collect payment on behalf of Bakees at the point of delivery. Payments will be transferred to our Bakees’ bank account every Friday (except for deliveries that are made on Friday; these payments will be transferred on Friday of the following week).
Bakees must agree to sell their products at our proposed rates. Products that require higher customization or more skill can be sold at higher rates.
8. Right of Media
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media in relation to this website.
9. Branding and communication with Customers
Homebakee will from time to time feature and promote our bakees on our marketing channels. Insofar as direct communication with customers are concerned, Homebakee will be the sole communicator. Bakees should agree not to use their own stickers or labels or write contact details on boxes, cards or any other medium. Bakees who breach this policy may be suspended from the platform.
10. Notification Of Orders
We will notify bakers within a day or two when an order is placed.
11. Transportation and Packaging
We assume the responsibility to deliver all orders well on time and in tact. We store items in cool environments during delivery. Bakees should note that highly fragile or perishable items (such as, but not limited to, tiered cakes with substantial amounts of icing) are more at risk of breakage.
Bakees should also ensure adequate packaging for every item sold. For example, cupcakes should be packaged into boxes with fitting cupcake holders, and cakes should be placed into boxes of the appropriate sizes. The cake base should also fit exactly into the cake box (or be secured to the cake box), so as to prevent any accidental shifting of the cake during transportation.
Homebakee does not take responsibility for any damage done to the product as a result of inadequate packaging.
12. Labeling Or Stickers
Bakees should not leave their phone numbers, email addresses, logos or contact details for any type item we deliver on their behalf. We will promote you in our other marketing mediums.
15. Cancelling Orders
To build a good reputation for Homebakee, we expect all orders to be fulfilled. To prevent receiving unwanted orders, it is the bakees responsibility to inform Homebakee about their unavailability.
We will inform bakees of reviews left by customers when it happens.
17. Exiting from the Homebakee Community
Bakees will be removed from the community immediately should any of the following (But not restricted to) happens:
- Any Hygiene Violations (No Payment will be transferred for the offending order)
- Cancellation of Orders
- Deliberate use of image to misinform about product
- Failure to respond to customer or Homebakee queries
- Use of personal information or labels on products
Date updated: 10/10/2016