Terms & Conditions | Bakers Delight

Website Terms of Use

GENERAL
- 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/doughgetters/ 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 at https://www.bakersdelight.com.au/onlineorderingterms/ 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;
    - the Dough Getters Program – refer to https://www.bakersdelight.com.au/doughgetters/bakeries/

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/;
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.

USE OF SERVICES AND PURPOSE
- 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.
INTELLECTUAL PROPERTY
- 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.
AVAILABILITY AND ACCESS
- 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.
CHANGES TO THE WEBSITE
- 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.
YOUR MATERIAL AND CONDUCT
- 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.
COOKIES
- 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.
DISCLAIMER
- 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.
LIMITATION OF LIABILITY
- 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.

RELEASE AND INDEMNITY

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
- 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.
CONFLICTS WITH OTHER PARTS OF WEBSITE

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.

UNENFORCEABLE TERMS

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.

GOVERNING LAW AND JURISDICTION

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.

PRIVACY
- 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/
- 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.

Online Ordering System Terms of Use

GENERAL
- 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);
  - Collection Bakery means the Bakery from which your Order is to be collected;
  - Collection Day means the date you specify when placing an Order on the Online Ordering System as the date you intend to collect your Order;
  - Collection Time means the time slot you specify when placing an Order on the Online Ordering System as the time you intend to collect your Order, which must be during the Collection Bakery’s hours of operation;
  - 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/terms-conditions/ 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:
    1. online through the Online Ordering System; and
    2. 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 Online Ordering System;
  - 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 Account means the user account that may be set up by you to use the Online Ordering System;
  - 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;
  - 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 the Online Ordering System in the country in which you registered for the Online Ordering System.
  - Privacy Policy means the Bakers Delight Privacy Policy at https://www.bakersdelight.com.au/privacy/;
  - 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;
  - Terms means these terms and conditions of use;
  - 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
  - Website Terms of Use means the terms and conditions of use for the Website as amended from time to time;
- These Terms apply to your use, for whatever purpose, of the Online Ordering System.
- Capitalised terms not defined in these Terms shall bear the same meaning as in the Website Terms of Use.
- Please read the Terms carefully before using the Online Ordering System.
- By accessing or using any part of the Online Ordering System, including by downloading, accessing or using any application, platforms and media channels, you will be deemed to have accepted these Terms in full, and 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 you should not use the Online Ordering System.
- BDH may amend these Terms from time to time for legal, practical or improvement purposes. Each time you use the Online Ordering System it is your responsibility to review these Terms and inform yourself of any amendments made. If you access or use any part of the Online Ordering System after any amendments are published, you are taken to have agreed to those amendments.
- You agree and acknowledge that:
  - your use of the Online Ordering System may require you to use the Website or other Services from time to time;
  - your use of the Website and/or the other Services are subject to the Website Terms of Use and/or the terms of use that apply to the other Service (as amended from time to time) as the case may be; and
  - to the extent of any inconsistency between these Terms, the Website Terms of Use or the terms of use that apply to any other Service, these Terms shall prevail.

USE OF ONLINE ORDERING SYSTEM AND PURPOSE
- BDH grant you a non-exclusive licence to use the Online Ordering System, subject to these Terms. BDH may terminate this licence at any time for any reason and without prior notice to you.
- The Contents in or on the Online Ordering System 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 Online Ordering System, 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 Online Ordering System.
- In using the Online Ordering System, 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 Online Ordering System and you assume full responsibility for any costs or charges that you incur as a result of using the Online Ordering System, including any additional mobile data or other internet user charges.
- You may not misuse or interfere with the Online Ordering System (including, without limitation, by hacking).
- Some of the Services and other services and programs 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, specific terms and conditions, set out below or in any other document apply to:
  - the Website; and
  - the Dough Getters Program.
- 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.
INTELLECTUAL PROPERTY
- You acknowledge that intellectual property associated with the brand Bakers Delight included in or on the Online Ordering System 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 on the Online Ordering System, the Trade Marks or any other intellectual property. In the event that you copy any of the intellectual property including the Content on the Online Ordering System 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.
CHANGES TO THE ONLINE ORDERING SYSTEM
- BDH reserves the exclusive right to at any time:
  - change, add or delete the design and Content on the Online Ordering System; or
  - discontinue publishing any of the information published on the Online Ordering System, including its products, services and/or, prices on a temporary, permanent or indefinite basis; or
  - suspend or stop the Online Ordering System, 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.
YOUR MATERIAL AND CONDUCT
- Other than your personal information, which is covered by the Privacy Policy referred to below, any Material you transmit or post to the Online Ordering System 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 Online Ordering System:
  - 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 Online Ordering System:
  - 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 Online Ordering System 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 Online Ordering System, 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 Online Ordering System 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 5 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 5 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.
ONLINE ORDERING SYSTEM
- You acknowledge that the Online Ordering System is hosted and administered by a third party provider and not by BDH and that a third party payment gateway provider is used by BDH and its Franchisees to process payments made through the Online Ordering System.
- You will be deemed to accept these Terms when you submit an Order through the Online Ordering System.
- Without limiting any other provision in these Terms, BDH may amend the provisions of these Terms that relate to the Online Ordering System from time to time. In the event that BDH amends the Terms relating to the Online Ordering System, it will publish the amended Terms of the Online Ordering System on the Website and these terms shall apply immediately. Each time you use the Online Ordering System it is your responsibility to review these Terms and inform yourself of any amendments made. The amended Terms will apply from the next Order you submit through the Online Ordering System. By placing an Order through the Online Ordering System you agree to the amended Terms.
- BDH does not guarantee that the Online Ordering System will be available 24 hours a day 7 days a week and will be free from errors, viruses or other harmful components. BDH will not be liable if the Online Ordering System is unavailable at any time due to maintenance, whether planned or unplanned, or for any other reason.
- BDH may suspend or terminate the Online Ordering System at any time for any reason and without prior notice.
USE OF THE ONLINE ORDERING SYSTEM
- You may use the Online Ordering System either as a guest or by creating an Online Ordering Account on the Website or any other application or platform BDH provides by clicking on the registration link and following the prompts.
- You acknowledge you will be required to provide personal information, including your full name, mobile phone number, email address and payment information.
- You will have the ability to opt in and out of receiving email communications from BDH and its Franchisees.
- You must be aged 18 years or over or otherwise be under the supervision of a parent or guardian in order to access, use and submit an Order through the Online Ordering System.
- BDH may request you provide proof of identity to confirm your personal information.
- Within your Online Ordering Account you can update your personal information, select your preferred Bakery and view past and upcoming Orders. You will also be able to delete your Online Ordering Account.
- In using the Online Ordering System:
  - you warrant that all personal information you provide to BDH is true and correct;
  - you accept full responsibility for maintaining and keeping up to date all your Online Ordering Account details, including your personal information and payment information. You accept that in the event these details are not up to date you may not be able to use the Online Ordering System and place Orders until such time as you update your information;
  - you accept full responsibility for maintaining the confidentiality of your Online Ordering Account details, including your personal information, password details and payment information and for logging out of your Online Ordering Account after use and especially when using a shared device, another person’s device or a public computer;
  - you assume full responsibility for all your activities whilst using the Online Ordering System and for any costs or charges that you incur as a result of using the Online Ordering System, including any additional mobile data or other internet user charges; and
  - you agree to notify BDH immediately of any unauthorised use of your Online Ordering Account.
- You are permitted to use the Online Ordering System to order products for your own personal use. You are not permitted to resell or resupply any products ordered through the Online Ordering System to a third party without BDH’s prior consent.
- BDH reserves the right to:
  - refuse to set up an Online Ordering Account if the log in details are the same or similar to an existing Online Ordering Account or the log in details provided are obscene, indecent, offensive, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy laws or contain brand names, trade marks of the names of high profile people.
  - suspend or terminate your access to the Online Ordering System, in BDH’s sole discretion and without prior notice to you, if:
    1. BDH reasonably suspects you are reselling or resupplying any products ordered through the Online Ordering System to a third party;
    2. BDH reasonably believes that your password or Online Ordering Account has been compromised; or
    3. BDH reasonably believes that you have breached these Terms.

ONLINE ORDERING SYSTEM ORDERS
- You acknowledge and agree that:
  - each Order submitted by you is treated as an express offer to purchase the products specified in your Order;
  - you enter into a separate and binding agreement with:
    1. the individual Franchisee with respect to products ordered from a Bakery owned by a Franchisee in accordance with these Terms;
    2. BDH with respect to products ordered from a Bakery owned by BDH in accordance with these Terms.
  - Where products are supplied by a Bakery owned by a Franchisee:
    - BDH merely acts as an agent of the Franchisee of the Bakery from which the products will be provided.
    - the Franchisee will be responsible for supplying the products and BDH accepts no responsibility and make no warranties or representations regarding the products provided by the Franchisee.
  - The Online Ordering System will allow you to order products from Participating Bakeries for collection.
  - To place an Order via the Online Ordering System you will be required to specify the following:
    - the type and quantity of products you wish to order;
    - the Collection Bakery;
    - the Collection Date;
    - the Collection Time;
    - your payment information; and
    - any other details BDH may require to complete your Order.
  - You must check the products available for collection before placing your Order and also check the details of your Order and correct any errors before submitting your Order through the Online Ordering System.
  - You will receive a confirmation of your Order once submitted which will specify:
    - the products ordered; and
    - the Collection Bakery and the Collection Time.
  - Maximum quantities apply to products ordered through the Online Ordering System.
  - You acknowledge and agree:
    - not all the products on the Bakers Delight menu are available for collection. The products available for collection will vary from Bakery to Bakery; and
    - the hours of operation and the collection times of Participating Bakeries will vary from Bakery to Bakery and from time to time.
  - Same day Orders:
    - will not be available for collection for at least one (1) hour after the Order is submitted and payment processed;
    - are only available for collection subject to the order cut off times specified by the Collection Bakery.
  - Subject to availability, orders of more than six (6) artisan products and/or more than fifteen (15) of any other product must be placed at least three (3) days in advance of the Collection Date.
  - BDH reserves the right to refuse any Order for any reason.
  - BDH takes the utmost care to ensure that the names, descriptions, prices, nutritional information and allergenic warnings in respect of products published on the Services are accurate. Any queries in respect of any products should be directed to the Bakery directly or BDH’s Customer Relations Team at customer.relations@bakersdelight.com.au or on 1800 325 325 (during BDH’s office hours) before you submit your Order. You are responsible for ensuring your Order is suitable for your dietary requirements, in particular any intolerances or allergies.

PRICES AND PAYMENT FOR ORDERS
- The prices for the products will be the prices published on the Online Ordering System at the time you submit your Order. The prices are expressed as inclusive of GST (where applicable) and in Australian dollars.
- The prices may vary from Bakery to Bakery.
- Each Order placed shall incur a Click and Collect Service Fee of $1 (excl. GST).
- You must pay for your Order through the Online Ordering System at the time of submitting your Order using an accepted credit card, debit card or other approved payment method available on the Online Ordering System. Payment will be debited from your account in the timeframe specified by your card provider and in accordance with the terms and conditions specified by your card provider.
- If your payment cannot be processed, you will be notified and your Order will not be processed.
- BDH reserves the right to:
  - refuse an Order or change a price if the published price was incorrect due to a malfunction or interference with the Online Ordering System;
  - change the payment methods that can be used for Orders at any time in its absolute discretion.

CANCELLING OR CHANGING YOUR ORDER
- If you wish to cancel or change your Order after the Order has been submitted through the Online Ordering System and payment processed you must:
  - telephone or attend the Bakery directly; and
  - request the cancellation or change.
- A Bakery may, in its absolute discretion, accept or reject your request for a cancellation or change of an Order and a refund.
- If your request for a cancellation or change of an Order is accepted and if the Bakery agrees to provide you with a refund this will be processed by the Bakery within a reasonable time (being not less than five (5) days).
- No cancellations will be accepted for same day Orders and you will not be entitled to any refund.
- If, due to unforeseen circumstances, the Bakery is unable to fulfil your Order, or if a product is no longer available, the Bakery will contact you before the Collection Time specified in your Order to:
  - replace the unavailable item with as similar item of equivalent value;
  - provide a refund of the price of the unavailable item;
  - cancel the entire Order and provide a full refund; or
  - provide another form of compensation that is appropriate in the Bakery’s reasonable opinion.
- If there are any issues with your Order you may contact the Bakery directly or BDH’s Customer Relations Team at customer.relations@bakersdelight.com.au or on 1800 325 325 (during BDH’s office hours).
- The Franchisee or BDH’s Customer Relations Team (as the case may be) will review your communication and contact you a soon as possible with a proposed resolution.
COLLECTING YOUR ORDER
- You must collect your Order at the Collection Bakery within the selected Collection Time.
- To collect your Order you will be required to provide your Order confirmation and if requested, proof of identity.
- The Collection Bakery will use its best endeavours to have your Order ready at the Collection Time.
- The products are perishable products and have a limited shelf life, accordingly, if you do not collect your Order from the Collection Bakery by close of business on the Collection Day the products will be discarded at the end of that day and you will not be able to collect the products on another day and no refund will be provided to you.
PRODUCT ISSUES
- You should inspect the products immediately upon collection and if any of the products are damaged or faulty, or if there is a shortfall or error in your Order when initially collected by you, you must contact the Bakery directly or BDH’s Customer Relations Team at customer.relations@bakersdelight.com.au or on 1800 325 325 (during BDH’s office hours) within 48 hours of you collecting or receiving the Order.
- The Franchisee BDH’s Customer Relations Team (as the case may be) will review your communication and contact you a soon as possible with a proposed resolution.
DISCLAIMER
- While BDH tries to ensure that the information BDH posts in or on the Online Ordering System, 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 Online Ordering System is not intended to, and does not, constitute professional advice.
- BDH does not guarantee that the Online Ordering System will be free from errors, viruses or other harmful components.
LIMITATION OF LIABILITY
- You expressly agree that your use of the Online Ordering System is at your sole risk.
- BDH and its Franchisees, exclude all warranties and guarantees in connection with the Online Ordering System or your use thereof. 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 Online Ordering System or of any services linked to the Online Ordering System or the Content or Material on the Online Ordering System;
  - 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 in collection due to traffic, accidents or weather conditions and delays due to 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 Online Ordering System or any linked services, or your downloading of any Content or Material from the Online Ordering System or any linked services; and/or
- In relation to any product or service purchased as a consequence of your use of the Online Ordering System, 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:
    1. the refund of the price paid by you for products or services; or
    2. the replacement of the products; or
    3. 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):
    1. the refund of the price paid by you for the products or services; or
    2. the replacement of the products or services; or
    3. 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.

RELEASE AND INDEMNITY

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 Online Ordering System (including in relation to any Material which you upload to the Online Ordering System);
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 15; 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 Online Ordering System by you or your officers, employees, agents or contractors or the use or misuse of or access to the Online Ordering System authorised, enabled or facilitated by you or your officers, employees, agents or contractors; and
- any breach of any of these Terms by you.
You may not create links to the Online Ordering System without BDH’s prior written consent.

UNENFORCEABLE TERMS

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.

GOVERNING LAW AND JURISDICTION

PRIVACY
- Your use of the Online Ordering System 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.
- By using or participating in the Online Ordering System, 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.
- 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.
- 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

Dough Getters Program Terms of Use

1. GENERAL
  - In these Terms:
    - ACL means the Australian Consumer Law set out in Schedule 2 of the CCA;
    - Active Rewards means Rewards earned by Members which have not expired or been redeemed by a Member;
    - 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);
    - Promotion means a combination of different products or multiples of the same product available from a Bakery which are packaged together as a Promotion;
    - Content means all content included in or on any of 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 App means the Bakers Delight official application which can be downloaded on eligible smartphones and devices;
    - 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 Card means the card which is provided to a Member who commences the Dough Getters Program registration process in a Bakery, which card is to be used in relation to the Dough Getters Program;
    - 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 Promotions 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 Dough Getters Program or any other Service;
    - 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 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 at https://order.bakersdelight.com.au as amended from time to time;
    - Privacy Policy means the Bakers Delight Privacy Policy at https://www.bakersdelight.com.au/privacy/;
    - 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;
    - Spend Balance means the balance of Eligible Purchases recorded to a Member’s Dough Getters Account;
    - Spend Threshold means a Spend Balance of $55.00 in a Member’s Dough Getters Account;
    - Terms means these terms and conditions of use;
    - 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 is owned or operated by BDH, including https://www.bakersdelight.com.au/doughgetters/;
    - Website Terms of Use means the terms and conditions of use for the Website and other Services at https://www.bakersdelight.com.au/ as amended from time to time; and
    - Wholesale Customer means a customer who intends to:
      - use any products purchased from a Bakery in other products that are on-sold to consumers; or
      - on-sell any products purchased from a Bakery to consumers in their existing finished state.
    - Capitalised terms not defined in these Terms shall bear the same meaning as in the Website Terms of Use.
    - These Terms apply to your use, for whatever purpose, and/or participation in the Dough Getters Program.
    - Please read the Terms carefully before using and/or participating in the Dough Getters Program.
    - By accessing or using any part of the Dough Getters Program, including by downloading, accessing or using any application, platforms and media channels, you will be deemed to have accepted these Terms in full, and 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 you should not use or participate in the Dough Getters Program.
    - BDH may amend these Terms from time to time for legal, practical or improvement purposes. Each time you use or participate in the Dough Getters Program, it is your responsibility to review these Terms and inform yourself of any amendments made. If you access or use or continue to participate in the Dough Getters Program after any amendments are published, you are taken to have agreed to those amendments.
    - You agree and acknowledge that:
      - your use of and participation in the Dough Getters Program may require you to use the Website or other Services from time to time;
      - your use of the Website and/or the other Services is subject to the Website Terms of Use and/or the terms of use that apply to the other Service (as amended from time to time) as the case may be; and
      - to the extent of any inconsistency between these Terms, the Website Terms of Use or the terms of use that apply to any other Service, these Terms shall prevail.
1. USE OF DOUGH GETTERS PROGRAM AND PURPOSE
  - BDH grant you a non-exclusive licence to use the Dough Getters Program, subject to these Terms. BDH may terminate this licence at any time for any reason and without prior notice to you.
  - The Contents in or on the Dough Getters Program 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 in the Dough Getters Program, 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 Dough Getters Program.
  - In using the Dough Getters Program, 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 and participate in the Dough Getters Program and you assume full responsibility for any costs or charges that you incur as a result of using or participating in the Dough Getters Program, including any additional mobile data or other internet user charges.
  - You may not misuse or interfere with the Dough Getters Program (including, without limitation, by hacking).
  - Some of the Services and other services and programs 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, specific terms and conditions, set out below or in any other document apply to:
    - the Online Ordering System and
    - the Website.
  - 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.
2. INTELLECTUAL PROPERTY
  - You acknowledge that intellectual property associated with the brand Bakers Delight included in or on the Dough Getters Program 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 Dough Getters Program; 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 on the Dough Getters Program, the Trade Marks or any other intellectual property. In the event that you copy any of the intellectual property including the Content of the Dough Getters Program 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.
3. CHANGES TO THE DOUGH GETTERS PROGRAM
  - BDH reserves the exclusive right to at any time:
    - change, add or delete the design and the Content on the Dough Getters Program; or
    - discontinue publishing any of the information published on the Dough Getters Program, including its products, services and/or, prices on a temporary, permanent or indefinite basis; or
    - suspend or stop the Dough Getters Program, 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.
4. YOUR MATERIAL AND CONDUCT
  - Other than your personal information, which is covered by the Privacy Policy referred to below, any Material you transmit or post to the Dough Getters Program will be taken to be non-confidential and non-proprietary.
  - You warrant as follows in respect of the Material you transmit or post while using or participating in the Dough Getters Program:
    - 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 while using or participating in the Dough Getters Program:
    - 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 Dough Getters Program 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 while using or participating in the Dough Getters Program, 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 Dough Getters Program 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 5 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 5 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.
5. DOUGH GETTERS PROGRAM
  - - You acknowledge and agree to be bound by these Terms when you register to participate in the Dough Getters Program.
    - Without limiting any other provision in these Terms, BDH may amend the terms of the Dough Getters Program and any aspect of the Dough Getters Program, from time to time in its sole discretion. The amended terms of the Dough Getters Program will also be published on the Website at https://www.bakersdelight.com.au/apptermsandconditions/ and shall apply immediately. If you continue to participate in the Dough Getters Program after amendments are made to the terms of the Dough Getters Program you agree to be bound by amended terms.
    - The Dough Getters Program is available in Bakeries in the country in which you registered for the Dough Getters Program.
    - The Dough Getters Program is for personal use and only open to individuals not Wholesale Customers, businesses, companies and fundraisers. To participate in the Dough Getters Program you must:
      - have a valid email address and mobile phone number (subject to clause 7); and
      - be aged 18 years or over or possess legal parental or guardian consent to create a Dough Getters Account. If you are under the age of 18 years your parent/guardian must read and consent to these Terms and may be required by BDH to confirm their consent at any time.
    - Joining the Dough Getters Program is free, however, you are responsible for any costs or charges that you incur as a result of participating in the Dough Getters Program, including any additional mobile data or other internet user charges.
    - From time to time BDH may run other promotions and competitions and make other offers outside of the Dough Getters Program. Such promotions, competitions and offers will be subject to separate terms and conditions, which are relevant to the particular promotion, competition or offer and which will apply in addition to these Terms.
    - For the purposes of this clause the means the local community fundraising activity known as “Dough Raiser” pursuant to which members of an eligible organisation, such as community group, charity, school and educational institution may place individual Orders for the fundraising activity. The Dough Getters Program cannot be used in conjunction with the Dough Raiser Program. You must choose whether to participate in the Dough Getters Program or the Dough Raiser Program. If a purchase of products is made under the Dough Raiser Program, it will not be an Eligible Purchase and will not be credited towards the Spend Balance of your Dough Getters Account and Rewards cannot be redeemed through purchases of product pursuant to the Dough Raiser Program.
    - These Terms are to be read in conjunction with, and subject to, any additional terms and conditions governing any particular Reward set out elsewhere in these Terms.
    - BDH may suspend or terminate the Dough Getters Program at any time for any reason and without prior notice. You acknowledge and agree that this may affect Rewards earned and even result in loss of Rewards.
    - In relation to the Dough Getters Program, BDH makes no warranties or representations in relation to the Dough Getters Program and does not guarantee that it will be available 24 hours a day 7 days a week and will be free from errors, viruses or other harmful components. BDH will not liable if the Dough Getters Program is unavailable at any time due to maintenance, whether planned or unplanned, or for any other reason.
6. REGISTRATION TO THE DOUGH GETTERS PROGRAM
  - - You agree that you may only register one Dough Getters Account. Your Dough Getters Account and the associated Dough Getters Card, QR code, Dough Getters Account Spend Balance and Rewards are personal to you and you cannot sell, redeem for cash, transfer or assign, or share these with family, friends or others.
    - You can register to participate in the Dough Getters Program by either:
      - downloading the Dough Getters App on your compatible smartphone or device; or
      - registering online at ; or
      - collecting a Dough Getters Card in a Bakery.
    - If you download the Dough Getters App or register online at reward.bakersdelight.com.au you must:
      - follow the prompts on the sign-up page;
      - complete and submit your details, including your full name, email address, mobile phone number, date of birth (if required) and state; and
      - that is between 8 – 64 characters and includes at least 3 of a capital letter, lowercase letter, number and/or special character,
    during the sign up process you will be sent an email confirmation to verify your Dough Getters Account on the Dough Getters App and/or the Website. Upon verification of your Dough Getters Account you will be issued with a unique QR code.
  - If you commence the Dough Getters Program registration process in a Bakery, you will be provided with a Dough Getters Card, if you require one, will need to complete your registration on the Dough Getters App or at reward.bakersdelight.com.au. To complete your registration you must:
    - follow the prompts on the sign-up page;
    - complete and submit your details, including your full name, email address, mobile phone number, date of birth (if required) and state; and
    - that is between 8 – 64 characters and includes at least 3 of a capital letter, lowercase letter, number and/or special character,
    during the sign up process you will be sent an email confirmation to verify your Dough Getters Account on the Dough Getters App or on the Website and upon confirmation be issued with a unique QR code.
    
    Where you have been provided with a Dough Getters Card, input your Dough Getters Card number in your Account Settings to link it to your Dough Getters Account; and
    - You agree that only one Dough Getters Account may be associated with any single email account. For the avoidance of any doubt, the use of ‘sub-addresses,’ ‘aliases,’ or any other practice which creates multiple email addresses from a single email account, is not permitted.
    - You can only participate in the Dough Getters Program if you complete your registration and verify your Dough Getters Account. If you do not verify your Dough Getters Account you will not be able to log in and access your Dough Getters Account via the Website or the Dough Getters App and will not be able to redeem Rewards, however, your Eligible Purchases will be recorded to your Dough Getters Account and count towards your Spend Balance.
    - You agree to BDH and its Franchisees sending you, from time to time, via email, SMS or push notifications through the Dough Getters App, communications, including product information, marketing communications, details of Rewards and other offers, promotions and competitions and special and discount offers. Communications may be sent to all Members or select Members of the Dough Getters Program so you may receive different communications to those received by other Members. You may receive personalised communications depending on what BDH and its Franchisees feel is relevant and valuable to you. You are responsible for selecting and updating the communications preferences for your Dough Getters Account by logging into your Dough Getters Account. You will also be given the option of opting out of receiving email communications and SMS communications each time you receive such communications.
    - As a Dough Getters member you will be allocated a home bakery which will be
      - the Bakery from which you collected your Dough Getters Card, where you commenced the registration process in a Bakery; or
      - the Bakery from which you shop most frequently, where you registered for the Dough Getters Program by downloading the Dough Getters App or via the Website;
    - Your Home Bakery may be reviewed from time to time and may change based on factors such as the Bakery from which you shop most frequently and Bakery closures.
    - The purpose of the Home Bakery is to allow BDH and its Franchisees to conduct targeted marketing and personalise offers depending on what BDH and its Franchisees feel is relevant and valuable to you.
    - If your Dough Getters Card is lost or stolen you should immediately contact BDH’s Customer Relations Team at customer.relations@bakersdelight.com.au or on 1800 325 325 (during BDH’s office hours) to arrange the cancellation of your Dough Getters Card and a transfer of your Spend Balance to the replacement Dough Getters Card.
    - If your smartphone is lost or stolen, or you replace your smartphone, or you change your mobile phone number you should immediately contact BDH’s Customer Relations Team at relations@bakersdelight.com.au or on 1800 325 325 (during BDH’s office hours). If you replace your smartphone you may need to again download the Dough Getters App.
    - BDH will not be responsible for any loss of Rewards caused because your Dough Getters Card or smartphone is lost or stolen or because you change your mobile phone number.
1. PARTICIPATION IN THE DOUGH GETTERS PROGRAM
  - You acknowledge and agree that you must have certain hardware and/or software to participate in the Dough Getters Program as well as pay internet or data usage charges and specifically to access your Dough Getters Account, use the Dough Getters App and/or receive and redeem Rewards. BDH is not responsible should you not have adequate hardware or software or inadequate funds to pay for any additional data/internet charges to participate in the Dough Getters Program.
  - In participating in the Dough Getters Program:
    - you warrant that all personal information you provide to BDH is true and correct;
    - you accept full responsibility for:
      1. maintaining and keeping up to date all your Dough Getters Account details, including your personal information. You can update your details by logging into your Dough Getters Account. You accept that if your Dough Getters Account details are not up to date your Eligible Purchases may not be recorded to your Dough Getters Account and you may not earn or redeem Rewards. BDH is not responsible for any loss of Rewards caused by your failure to keep your Dough Getters Account details up to date;
      2. maintaining the confidentiality of your Dough Getters Account details, including your personal information and password details and for logging out of your Dough Getters Account after use and especially when using a shared device, another person’s device or a public computer; and
      3. all your activities, including activities by third parties, whilst participating in the Dough Getters Program; and
    - you agree to notify BDH immediately of any unauthorised use of or access to your Dough Getters Account.
  - BDH reserves the right to:
    - refuse to set up a Dough Getters Account if:
      1. the log in details are the same or similar to an existing Account or the log in details provided are obscene, indecent, offensive, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy laws or contain brand names, trade marks of the names of high profile people;
      2. you provide false or misleading information;
      3. BDH reasonably believes that you have breached these Terms; or
      4. BDH reasonably believes that you have behaved without authority, fraudulently or illegally;
    - at any time, verify:
      1. your identity and age and in so doing may request that you provide proof of identity; and
      2. your Dough Getters Account details, including your email address and mobile phone number;
      3. your issued and redeemed Rewards and Spend Balance.
    - suspend or terminate your access to the Dough Getters Program, in BDH’s sole discretion, and without prior notice to you, if BDH reasonably believes that:
      1. your password or the Dough Getters Program has been compromised;
      2. you have interfered with or tampered with any aspect of the Dough Getters Program;
      3. you have behaved without authority, fraudulently or illegally; or
      4. you have breached these Terms.
    - If you do not wish to participate in the Dough Getters Program you may at any time delete your Dough Getters Account by contacting BDH’s Customer Relations Team at customer.relations@bakersdelight.com.au or on 1800 325 325 (during BDH’s office hours). You acknowledge and agree that you will forfeit any Spend Balance in your Dough Getters Account and any Rewards you have not redeemed.
1. EARNING REWARDS UNDER THE DOUGH GETTERS PROGRAM.
  - - To earn Rewards you must have a registered and verified Dough Getters Account.
    - You can only earn Rewards in the country in which you registered for the Dough Getters Program.
    - You will be entitled to receive the following Rewards as a Member:
    $5.00 Voucher
    - a $5.00 voucher each time the value of your Eligible Purchases reaches the Spend Threshold. Each voucher earned will be available in your Dough Getters Account and delivered to you electronically via email to the email address registered to your Dough Getters Account and via the Dough Getters App, subject to the following conditions:
      1. you must record your Eligible Purchases by scanning your Dough Getters Card or the QR code on the Dough Getters App or providing your mobile phone number to a staff member in a Bakery before completing your purchase;
      2. the value of all Eligible Purchases, excluding the value of any Reward, will be recorded to your Dough Getters Account;
      3. and each $5.00 voucher will expire at midnight on the 14th day after the issue date (that is a voucher issued on the 14th day of the month must be used by midnight on the 28th day of the month);
      4. each time you reach the Spend Threshold the Spend Balance of your Dough Getters Account will reset and return to $0.00 and to earn further $5.00 vouchers you will need to make Eligible Purchases and achieve the Spend Threshold;
      5. you will be issued with a $5.00 voucher each time the value of your Eligible Purchases reaches the Spend Threshold. This means if you earn more than one $5.00 voucher at a time you may be issued with more than one $5.00 voucher at a time and each $5.00 voucher will expire at midnight on the 14th day after the issue date and only one $5.00 voucher can be redeemed per transaction.
    Free Welcome Reward
    - a Free Welcome Reward specified by BDH from time to time (Free Welcome Reward), which will automatically be available on your Dough Getters Account upon the registration and verification of your Dough Getters Account, subject to the following conditions:
      1. the Free Welcome Reward may only be redeemed in a Bakery and cannot be redeemed online through the Online Ordering System or through third party providers or third party delivery services and cannot be redeemed within the purchase of a Promotion, that is the Free Welcome Reward cannot form part of the purchase of a Promotion;
      2. the Free Welcome Reward is redeemable with your next purchase of $5.00 or more (and cannot be redeemed with the use of a voucher);
      3. the Free Welcome Reward is redeemable by scanning your Dough Getters Card or QR code in the Dough Getters App or providing your mobile phone number to a staff member in a Bakery, within the time period specified in the Free Welcome Reward;
      4. the value of the Free Welcome Reward will not be credited towards your Spend Balance; and
      5. the conditions specified in clause 10.
    Birthday Gift
    - a birthday reward, being one free scone of your choice (Birthday Gift), which will automatically be available on your Dough Getters Account, subject to the following conditions:
      - you having provided us with your date of birth details;
      - the Birthday Gift may only be redeemed in a Bakery and cannot be redeemed online through the Online Ordering System or through third party providers or third party delivery services and cannot be redeemed within the purchase of a Promotion, that is the free scone cannot form part of the purchase of a Promotion;
      - the Birthday Gift will be available once a year and cannot be received again in a 12-month period even if you alter your date of birth;
      - the Birthday Gift is subject to availability. If the scone of your choice is unavailable from the Bakery at the time of redemption you may instead select another scone or product of equal or lesser value;
      - the Birthday Gift is redeemable within 30 days of your birthday by scanning your Dough Getters Card or QR code in the Dough Getters App or providing your mobile phone number to a staff member in a Bakery;
      - the value of the free scone will not be credited towards your Spend Balance; and
      - the conditions specified in clause 10.
    - Eligible Purchase may take up to 2 Business Days from the date of purchase to be recorded to your Dough Getters Account. The Spend Balance of your Dough Getters Account will expire if no Eligible Purchases are recorded to your Dough Getters Account for 2 years from your last Eligible Purchase.
    - You are responsible for ensuring that all Eligible Purchases are recorded to your Dough Getters Account. BDH is not responsible if you omit to scan your Dough Getters Card or QR code or omit to provide your mobile phone number to a staff member in a Bakery at the time you make a purchase.
    - A Bakery may from time to time be prevented from recording Eligible Purchases to your Dough Getters Account due to circumstances beyond their control, such as technical difficulties and failures In such case you should retain your receipt or proof of purchase and contact BDH’s Customer Relations Team at relations@bakersdelight.com.au or on 1800 325 325 (during BDH’s office hours) and provided BDH is able to verify your purchase against the Bakery’s records, BDH will record your Eligible Purchases to your Dough Getters Account and your Eligible Purchases will be immediately registered to your Dough Getters Account, subject to any delays due to circumstances beyond BDH’s control, such as technical difficulties and failures. If you do not retain your receipt or proof of purchase BDH will not be able to record your Eligible Purchases to your Dough Getters Account.
    - BDH reserves the right to (in BDH’s absolute discretion):
      - amend the Rewards by ceasing to offer Rewards and/or offering additional or new Rewards from time to time; and
      - amend the conditions that apply to each of the Rewards, including but not limited to what constitutes Eligible Purchases, the Spend Threshold and the expiry dates or validity periods of any Rewards,
    and any amendments will be published on the Website at rewards.bakersdelight.com.au. If you continue to participate in the Dough Getters Program after such amendments are made you agree to be bound by the amendments.
    - From time to time BDH may offer bonus dollars on particular Eligible Purchases, or Eligible Purchases made on specific days or at specific times, or for specific events such as the completion of surveys. Bonus dollars will automatically be credited to the Spend Balance of your Dough Getters Account upon you satisfying the eligibility criteria associated with the offer.
1. REDEEMING REWARDS UNDER THE DOUGH GETTERS PROGRAM
  - To redeem Rewards, you must have a registered and verified Dough Getter Account.
  - You can only redeem Rewards in the country in which you registered for the Dough Getters Program.
  - Each $5.00 voucher is redeemable on any products available for purchase in a Bakery, by scanning your Dough Getters Card or QR code in the Dough Getters App or providing your mobile phone number to a staff member in a Bakery, within 14 days of the voucher issue date. Each $5.00 voucher will expire at midnight on the 14th day after the issue date (that is a voucher issued on the 14th day of the month must be used by midnight on the 28th day of the month).
  - Rewards:
    - are only able to be redeemed at Bakeries and cannot be redeemed online through the Online Ordering System or through third party providers or third party delivery services;
    - must be redeemed within the time period specified for the particular Reward;
    - cannot be sold, redeemed for cash, transferred, assigned or shared with family, friends or others;
    - are limited to one Reward redemption per transaction, unless otherwise specified in the specific terms and conditions relating to other promotions, competitions and offers outside of the Dough Getters Program. For the avoidance of any doubt and despite the limitation in this clause, bonus dollars earned in accordance with clause 9 will automatically be credited to the Spend Balance of your Dough Getters Account upon you satisfying the eligibility criteria associated with the particular offer; and
    - may be subject to specific terms and conditions which will be detailed in the particular Reward or communication issued with the Reward.
  - Rewards in the form of products will be subject to availability. If a product is not available a substitute product of a similar value and/or type may be offered in the absolute discretion of the
  - Rewards in the form of vouchers must be redeemed in full in one transaction and in the event that the value of the transaction is less than the value of the voucher no change will be given and you will forfeit the remaining balance of the voucher.
  - A Bakery may from time to time be prevented from processing a redemption due to circumstances beyond their control, such as technical difficulties and failures. In such a case the Bakery may, in its absolute discretion, require you to return at a later time or may manually process the Reward and require you to present your Mobile App or a copy of the email voucher sent to you as proof of the Reward. If you are not satisfied with the resolution offered by the Bakery you may contact BDH’s Customer Relations Team at customer.relations@bakersdelight.com.au or on 1800 325 325 (during BDH’s office hours).
2. DISCLAIMER
  - While BDH tries to ensure that the information BDH posts in or on the Dough Getters Program, 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 Dough Getters Program is not intended to, and does not, constitute professional advice.
  - BDH does not guarantee that the Dough Getters Program will be free from errors, viruses or other harmful components.
3. LIMITATION OF LIABILITY
  - You expressly agree that your use of the Dough Getters Program and the Dough Getters Program is at your sole risk.
  - BDH and its Franchisees, exclude all warranties and guarantees in connection with the Dough Getters Program or your use of or participation in the Dough Getters Program. 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 and participation in the Dough Getters Program or your inability to use or the failure of the Dough Getters Program;
    - any communication to you that is late, lost or misdirected for any reason, including but not limited to, spam filters operating on your email account or other system configuration problems;
    - your failure to scan your Dough Getters Card or QR code in the Dough Getters App or provide your mobile phone number to a staff member in a Bakery at the time of making an Eligible Purchase;
    - any damage, loss or theft of your Dough Getters Card;
    - any unauthorised use of or access to your Dough Getters Account;
    - any delay, failure or inability to accurately record the details of any Eligible Purchase to your Dough Getters Account;
    - any Reward that is late, lost or misdirected or any inability to provide a Reward for reasons beyond the reasonable control of BDH, its Franchisees and its officers, employees, agents and contractors;
    - the supply of a Reward and your acceptance, redemption and use of a Reward;
    - any technical malfunction of any telephone network or line, computer system, equipment, server or provider, software, technical problem or traffic congestion on the Internet or on any website, including (but not limited to) any injury or damage to any computer or other devices you use related to or resulting from your registration to and participation in the Dough Getters Program;
    - any disruption to the Dough Getters Program;
    - the suspension, cancellation or termination of the Dough Getters Program; and/or
    - any tax liability incurred by you in connection with the Dough Getters Program, including in relation to any Reward offered.
  - In relation to any product or service purchased as a consequence of your use of or participation in the Dough Getters Program, 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:
      1. the refund of the price paid by you for products or services; or
      2. the replacement of the products; or
      3. 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):
      1. the refund of the price paid by you for the products or services; or
      2. the replacement of the products or services; or
      3. 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.
1. 1. RELEASE AND INDEMNITY
  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 Dough Getters Program (including in relation to any Materials which you upload to the Dough Getters Program);
  - 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 13; 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 Dough Getters Program by you or your officers, employees, agents or contractors or the use or misuse of or access to the Dough Getters Program authorised, enabled or facilitated by you or your officers, employees, agents or contractors; and
    - any breach of any of these Terms by you.
  - You may not create links to the Dough Getters Program without BDH’s prior written consent.
  1. UNENFORCEABLE TERMS
  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.
  1. GOVERNING LAW AND JURISDICTION
  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.
  1. PRIVACY
    - Your use of and your participation in the Dough Getters Program 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 and date of birth. Without the requested personal information, BDH may be unable to provide the products or services requested by you.
    - By using or participating in the Dough Getters Program, 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.
    - 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. To facilitate the Dough Getters Program, BDH uses Cheetah Digital and Microsoft. 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. Microsoft has offices in Australia and internationally and may store or process your personal information in Australia or overseas, in accordance with its privacy policy located at: https://privacy.microsoft.com/en-us/privacystatement
    - 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 Cheetah Digital and Microsoft 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/