UBake Fresh Terms of Use

In these terms of use, “we”, “our” and “us” refers to The Trustee for Bremer Trading Trust T/A UBake Fresh (ABN: 45 230 539 845) herein after referred to as UBake Fresh and its related and associated bodies corporate.

Your access and use of this website http://www.ubake.com.au (Website) confirms your acceptance of these terms of use (Terms), our Privacy Policy and our Terms and Conditions of Trade governing the provision of our goods and services.

Our Website provides an online food store offering food products and information to consumers (our Services).

  1. Access

You may access our Website at any time, unless we have restricted access to perform necessary maintenance, updates or upgrades. Your ability to access our Website will otherwise depend on factors out of our control and we do not take or share any responsibility for those factors such as the quality of your internet connection and the state of your hardware.

Through our Website, you may view, cache, browse, display, print or download a copy of any content featured on our Website to your computer, PROVIDED THAT it is for your personal use only and you do not hide, deface, alter or delete any copyright symbol, trade mark or other proprietary rights notice.

  1. Disclaimer

The content of our Website and any publications referred to on our Website is general information which is provided in good faith and as a guide only. We provide NO WARRANTIES in relation to the goods and services provided to you through our Website.

The content of our Website may include opinions which are not statements of fact or intended to diagnose, treat, cure or prevent any medical or health related conditions. Our Website content does not and is not intended to constitute advice (including legal or medical advice) and must NOT be relied upon. You should seek appropriate advice before acting or relying on the information on our Website or any of our publications.

You should seek professional advice from your pharmacist or medical practitioner in relation to any illness, disease, infection, injury or other medical conditions for diagnose and to obtain the appropriate dosages for pharmaceutical products that apply to you in your circumstances.

UBake Fresh will take reasonable care in compiling the content to be posted on our Website and made available to you. However, UBake Fresh does not warrant that the availability of our Services will be free from technical inaccuracies, typographical or other errors, programming bugs, virus, interruption or interference due to factors outside of our control ( e.g. software malfunction, Internet delay or failure in transmission, Third Party Content etc.).

  1. Third Party Content

The goods and services of third parties advertised or offered for sale on our Website may be the goods and services of third parties (Third Party Content).

Third Party Content is not endorsed by us.

UBake Fresh will take reasonable care in compiling the content to be posted on our Website and made available to you. However, UBake Fresh provides Third Party Content on an “as is” basis and is not responsible for ensuring that Third Party Content is accurate, complete and suitable for you.

You must make your own enquires as to the suitability of Third Party Content.

  1. Changes to Terms

We reserve the right to amend the Terms without notice at any time. Your use of our Website will represent your agreement to be bound by the Terms as amended. We recommend that each time you access our Website you read the Terms.

If you register an account with UBake Fresh, you must ensure that your registration details are true and accurate at all times. You must notify us of any changes that need to be made so that your registration details are accurate and up to date.

Upon registration, we will confirm your username ID and password with you. You must not disclose these to any third party.

  1. Hyperlinks

Our Website may from time to time contain hyperlinks to other websites. Such websites do not form part of our Website. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our Website to another website does not imply our endorsement, support, or sponsorship of the operator of that website, or our endorsement of the information and/or products which they provide. If you follow a link away from our Website, you do so entirely at your own risk.

  1. Suspension or Termination of Access

We reserve the right to suspend or terminate your account or access to our Website if we notify you that you have breached any Terms and you have failed to remedy that breach within a specified time.

We may suspend or terminate your account or access to our Website by providing notice to you if we reasonably believe that your continued access to and use of our Website is likely to cause us loss or damage, or we are required to do so by law.

  1. No Circumvention

Where we have suspended or terminated your account or access to our Website, you must not attempt to circumvent this action by registering or attempting to register on our Website under alternative username(s).

  1. Intellectual Property

Unless otherwise stated, UBake Fresh owns or is otherwise licensed to use all intellectual property rights in this site, including the trade marks, copyright, layout and designs. Except as permitted by law, you must not copy, reproduce, transmit, display or otherwise distribute any intellectual property in whole or in part without the prior written consent of UBake Fresh.

Unless otherwise permitted by law, access to our Website is only for personal and non-commercial use, and must not be referenced, reproduced or quoted without UBake Fresh’ prior written permission.

  1. GST

Unless stated to be otherwise, all prices stated on our Website are in Australian Dollars (AUD) and are exclusive of GST. Where GST applies to any supply made to you, we add the applicable GST and issue you with a Tax Invoice. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (Cth) (the GST Act). Tax Invoice has the same meaning as that defined by the GST Act.

  1. Limitation of liability

UBake Fresh will not be liable for any direct or indirect loss or damage, however caused (including through negligence) which may be suffered in connection with access to or the use of this Website or any other external linked sites.

UBake Fresh is not responsible to you or anyone else for any loss suffered in connection with the use of this Website, any of its content, or for any loss incurred as a result of damage to your or another person’s computer system or the transmission of any computer viruses.

Except as required by law, the content on this Website is provided without any express or implied representation or warranty. UBake Fresh excludes all implied conditions and warranties relating to the content of this Website to the extent permitted by law. Where liability cannot be excluded, any liability incurred by UBake Fresh in relation to the use of this Website or the content is limited as provided under the Competition and Consumer Act 2010 (Cth).

Under no circumstances will UBake Fresh be liable for any incidental, indirect or consequential damages, including damages for loss of opportunity, loss of business or loss of profits arising from the use of this Website.

  1. General

These Terms may only be varied by written agreement between you and UBake Fresh.

If any part of these Terms is held illegal, unenforceable or void, that part shall be severed and the remainder of these Terms will continue in full force and effect.

No waiver of any breach of these terms will be construed as a waiver of any other breach of these Terms.

Except as otherwise set out herein, all implied conditions, statements or warranties, statutory or otherwise, are excluded to the fullest extent permitted at law.

UBake Fresh shall not be liable for any failure to perform its obligations under these Terms due to events beyond its reasonable control including but not limited to strikes, riots, war, terrorism, plague, pestilence, fire, act of god or due to the effect of any change in applicable laws, orders, rules or regulations of any government or other competent authority.

These Terms are to be governed by and construed in accordance with the laws of Queensland and any claim made by either party against the other which in any way arises out of these Terms will be heard in Queensland and you agree to submit to the jurisdiction of those Courts.