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We are HomeBakee Pte Ltd and we are the owners of homebakee.com.
By registering or placing order on our website or using any of the services provided through our website & company, 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. “Customer” refers to any individual who makes a purchase on this Website. “Home Baker” 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 Home Bakers on this Website. “Service” refers to the delivery and ordering service that HomeBakee provides our customers. “Website” refers to homebakee.com and any of its microsites. “We”, “us” and “HomeBakee” refers to the HomeBakee team.“You” refers to the Customer who places an Order on this Website.
To register on our Website or use our Website for any of the services provided, you must be 18 years of age or over. If you are under the age of 18, you may use our Website only under the guidance of a parent or a guardian.
(a) 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 homebakee.com by means of a web browser, subject to the other provisions of these terms and conditions.
(b) 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.
(c) You may only use our Website for your own personal purposes, and you must not use our Website for any other purposes.
(d) Except as expressly permitted by these Terms and Conditions, you must not edit or otherwise modify any material on our Website.
(e) 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.
(f) 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.
(g) 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).
(h) You must not use data collected from our Website to contact individuals, companies or other persons or entities.
(i) 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.
(a) 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 .
(b) Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(i) be libelous 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.
(c) 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.
(d) You grant to us the right to sub-license the rights licensed under Clause 7(c).
(e) You grant to us the right to bring an action for infringement of the rights licensed under Clause 6(c).
(f) You may edit your content to the extent permitted using the editing functionality made available on our website.
(g) 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.
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.
(a) To place an order, you will be required to provide us with a valid personal email address, telephone number, delivery address and possibly other personal information.
(b) 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.
(c) 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.
(d) You must not misuse this Website by creating multiple user accounts.
(e) You must not allow any other person to use your account to access the website.
(f) You must notify us immediately if you become aware of any unauthorised use of your account.
(g) We reserve the right to terminate an Account at any time, without prior notification.
(a) The price of any Product will be listed clearly on our Website and are in Singapore Dollars. Delivery charges will be charged in addition where applicable, and will be shown clearly and included in the ‘Total’ charge displayed on the Check Out page.
(b) Prices are liable to change at any time, but changes will not affect orders which you have already received the Order Receipt Email, except for cases of obvious pricing error. While we do our best to ensure that all information (including Product description and pricing) 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.
(c) Payment for all Products can be made through cash on delivery, Online payments, cheques, bank transfers or any other alternative mode of payment accepted by Homebakee. Payment is made to HomeBakee Pte Ltd. HomeBakee will subsequently pass on the applicable payment to the relevant Home Bakers. We are permitted by our Home Bakers to accept payment on their behalf. Your payment obligation to the Home Baker will be relieved upon payment of the price of any Products to us.
(a) When you place an Order through our Service, an email to thank you for your Order and to confirm that your Order has been received (the "Order Receipt Email") will be sent to you.
(b) Our Home Bakers are solely responsible for the supply, production and packaging of all Products listed on our Website. All Products are subject to availability. In the instance where a Home Baker is unable to provide you with the Product you ordered, an alternative Product may be offered to you by the same Home Baker, or by a different Home Baker. You may however choose not to accept the alternative Product, and the Order will be cancelled.
(c) HomeBakee cannot guarantee that any of the Products sold through our Website are free of food allergens. The ingredients our Home Bakers use to make the Products may contain food allergens. If you have a food allergy, please do contact the Homebakee before purchasing any Product by using the message function on the Home Baker’s site page or emailing firstname.lastname@example.org
(d) We do our best to oversee our Home Bakers to assure the highest quality Products and Service, and to ensure they comply with our standards. All of our Home Bakers come recommended and are expected to maintain the highest level of food hygiene. They are also required to take the Commercial Food Hygiene course. However, should there be any comments or complaints about our Home Bakers or the Products provided by the Home Bakers, please do contact us through our contact number or email address.
(a) You have the right to cancel an order within a reasonable time and 7 days before the order’s date of delivery. In case the cancelation is initiated less than 7 days & more than 3days of delivery, a 50% cancellation fee of total order amount will be charged. Customers can cancel an order only 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 before 3 days of delivery will be charged 100% to you.
(b) HomeBakee 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.
(a) In the unexpected event that a Product sold by Homebakee is unfit for consumption, you will receive full compensation for the purchased Product from the Homebakee. We may also remove the Home Baker from our supply list, should we deem it necessary.
(b) 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.
(a) We aim to provide the best and most reliable delivery service for our customers. 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 in the Order Receipt Email. In the event that our delivery driver is late for a delivery, we will strive to deliver the Product as soon as possible.
(b) 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 10 minutes of our delivery drivers physically reaching your address, we may leave the premises, and you will be charged for the Product.
(a) HomeBakee provides this Website and our Services on an “as is” basis. We do not warrant or represent:
(i) 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.
(b)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.
(c) 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.
(d) 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.
(e) We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
(f) 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.
(g) We will not be liable to you in respect of any loss or corruption of any data, database or software.
(h) We will not be liable to you in respect of any special, indirect or consequential loss or damage.
(i) 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 services 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).
(j) Nevertheless, in any event that HomeBakee or any of its Home Bakers 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 & homebakee services or your breach of these Terms and Conditions.
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.
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 registered users of the Website. 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.
A contract under these terms and conditions shall be governed by and construed in accordance with the law of Singapore. Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Singapore.
Date Updated: January 2018