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TERMS OF USE

Introduction

This Site is provided by Future Bake Australia Pty Ltd ("Future Bake Australia"). Please review the following basic rules that govern your use of the Future Bake Australia website (the "Agreement"). Please note that your use of the Future Bake Australia website (the "Site"), constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms of Use. Future Bake Australia reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, we encourage you to review these Terms of Use whenever you use this Site.

Use of this site

By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Future Bake Australia does not intentionally collect personal information about persons under the age of 18. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a person under the age of 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site.

All registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Future Bake Australia or its suppliers and protected by Australian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.

Site security

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorised to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing" (d) sending unsolicited email, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Future Bake Australia will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Future Bake Australia on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

Copyrights and trademarks

Unless otherwise noted, all Content is copyright, trademark, trade dress and/or other intellectual property owned, controlled or licensed by Future Bake Australia, one of its affiliates or by third parties who have licensed their materials to Future Bake Australia and are protected by Australian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Site is the exclusive property of Future Bake Australia and is also protected by Australian and international copyright laws. Future Bake Australia and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Future Bake Australia's or any third party's intellectual property rights. The Future Bake Australia names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Future Bake Australia. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorise anyone to use any name, logo or mark in any manner. References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Future Bake Australia's endorsement, sponsorship or recommendation of the third party, information, product or service. Future Bake Australia is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.

User reviews, feedback, submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Future Bake Australia on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Future Bake Australia's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Future Bake Australia of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Future Bake Australia will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Future Bake Australia will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Future Bake Australia is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

Future Bake Australia does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Future Bake Australia the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Future Bake Australia and its affiliates for all claims resulting from any Comments you submit. Future Bake Australia and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Colours

We have made every effort to display the colours of our products that appear on the Site as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

Indemnification

You agree to defend, indemnify and hold harmless Future Bake Australia and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

 Termination

These Terms of Use are effective unless and until terminated by either you or Future Bake Australia. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. Future Bake Australia also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Future Bake Australia's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or Future Bake Australia, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Future Bake Australia's right to any Comments shall survive any termination of this Agreement.

General

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Future Bake Australia to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Future Bake Australia's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Victorian (Australian) law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of Victoria and you consent to the exclusive personal jurisdiction of such courts.

 

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