References to “we”, “us” or “our” throughout www.delicake.com.au (“the website”) are to Delicake
The use of the website and the purchase of any goods (“Goods”) from the Website is governed by these terms and conditions (“Conditions”). We reserve the right to modify these terms and conditions from time to time without notice to you.
There is no charge imposed by us for accessing the Website but you must pay the cost of the communications link you use to visit the website.
Access to the Website may be suspended, restricted or terminated at any time.
Goods supplied from the Website are supplied by J Gear Pty Ltd a registered Australian company T/As Delicake. Registration ABN: 32 087 513 951 and whose registered office address is in Australia.
Your submission of an order represents an offer to purchase Goods indicated by you and it is not binding on us until we have notified you that an order is accepted. All advertisements and communications made by us until your order is accepted by us are invitations to treat only and are not offers. This means that if Goods are shown on the site but are not available or are incorrectly priced or otherwise incorrectly described, Delicake shall not be obliged to sell you those goods.
Intellectual property right and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by our licensors or us.
You acknowledge and agree that the material and content contained within the Website is made available for your personal use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of material and content on the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Limitation of Liability
Whilst we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Goods.
This does not affect your statutory rights as a consumer.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these Conditions for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any loss which was not brought to the attention of Delicake at the time the contract was made or any loss that would be an unforeseeable consequence of a breach of the contract by Delicake; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred, was suffered or incurred by one of us arising out of or in connection with the provisions of any matter under these Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings, representations or proposals, written or oral, between you and us in relation to such matters. You confirm that You have read these conditions and, You fully understand them and You also agree that these conditions are the only terms (together with Your network provider agreement ) that rule Your relationship with us.
The Conditions shall be governed by and construed in accordance with the laws of the State of New South Wales and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.