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Terms & Conditions

  1. Definitions

    1. In these Website Terms and Conditions (Terms and Conditions) the following words have the meanings set out below:

      Bakeswap means Bakeswap Pty Ltd (ACN 601 017 869).

      BakeSw@p Circle means a group of BakeSw@p Circle Subscribers who have agreed to swap recipes and distribute and receive food items baked by each BakeSw@p Circle Subscriber in the BakeSw@p Circle.

      BakeSw@p Circle Quorum means the minimum number of concurrent BakeSw@p Circle Subscribers that must be in a BakeSw@p Circle within a thirteen month period to prevent the BakeSw@p Circle being deleted. The BakeSw@p Circle Quorum will be nominated by the creator of the BakeSw@p Circle upon creation of the BakeSw@p Circle. In the absence of a nomination, the system default for the BakeSw@p Circle Quorum will be 3.

      BakeSw@p Circle Subscribers means Registered Users who have paid the BakeSw@p Circle Subscription Fee (or have subscribed as a “BakeSw@p Free Trial Subscriber” for a free 30 day trial period) to be able to create and join a BakeSw@p Circle.

      BakeSw@p Circle Subscription means your subscription as a BakeSw@p Circle Subscriber.

      BakeSw@p Circle Subscription Fee means the annual subscription fee for being a BakeSw@p Circle Subscriber

      BakeSw@p Contact Details means admin@bakeswap.com.

      Bakesw@p Member means a Registered User who is not a BakeSw@p Circle Subscriber and has access to all Services available through the Website except BakeSw@p Circles.

      BakeSw@p Membership means your membership as a Registered User of the Website.

      BakeSw@p Profile means the profile created by Registered Users in order to access the Services available through the Website, whether through completion of a registration form on the Website or through importation of profile information via a third party log-in provider such as (but not limited to) Facebook, Instagram, Twitter, Pinterest, YouTube, Google, Yahoo or Hotmail.

      BakeSw@p Smiley ratings means ratings given by Bakeswap, Bakesw@p Members or BakeSw@p Circle Subscribers to recipes posted on the Website.

      Change Quorum means the minimum percentage of BakeSw@p Circle Subscribers that must agree to a change to the BakeSw@p Circle (including the BakeSw@p Circle Quorum or the addition of a new BakeSw@p Circle Subscriber) as nominated by the creator of the BakeSw@p Circle upon creation of the BakeSw@p Circle. In the absence of a nomination, the system default for the Change Quorum will be 80%.

      Content means any text (including recipes), graphics, user interfaces, visual interfaces, photographs, trade marks, logos, sounds, music, artwork, computer code and other material used, displayed or available on the Website.

      Intellectual Property Rights means any trade marks, copyright and all other intellectual property rights vesting in the Content used, displayed, or available on the Website.

      Loss or Claim means any damage, loss (including consequential loss and loss of profit), cost, expense or liability incurred by a person, or a claim, action, proceeding or demand made against a person, however arising and whether present or future, fixed or unascertained, actual or contingent.

      Moral Rights means:

      1. the rights of integrity of authorship (that is, not to have a work subject to derogatory treatment);
      2. the right of attribution of authorship of a work; and
      3. the right not to have authorship of a work falsely attributed,
      which rights are created by the Copyright Act 1968 (Cth) and, if the works are used in any jurisdiction other than Australia, any similar right capable of protection under the applicable laws of that jurisdiction.

      Personal Information has the same meaning as defined in the Privacy Act 1988 (Cth).

      Privacy Act means the Australian Privacy Act 1988 (Cth).

      Privacy Policy means Bakeswap’s privacy policy found at here.

      Registered User means any User that has completed the registration or log-in requirements to create a BakeSw@p Profile for the purposes of becoming a BakeSw@p Member and/or a BakeSw@p Circle Subscriber.

      Services means the services, information and resources provided by Bakeswap to Users through the Website.

      Terms and Conditions means these terms and conditions as amended from time to time.

      Terms of Use means these Terms and Conditions together with the Privacy Policy.

      Third Party Content means any text (including recipes, tips, guides, editorial, expert and non-expert opinions and advice, nutritional information, promotions and competitions), graphics, user interfaces, visual interfaces, photographs, trade marks, logos, sounds, music, artwork, computer code and other material uploaded, displayed or made available on the Website by a third party who is not a BakeSw@p Circle Member (including celebrities, guests, writers, sponsors or partners).

      Third Party Websites means websites which are not owned or controlled by Bakeswap.

      User, or You means any user of (including a visitor to) the Website.

      User Content means any text (including recipes), graphics, user interfaces, visual interfaces, photographs, trade marks, logos, sounds, music, artwork, computer code and other material uploaded, displayed or made available on the Website by you.

      We, or us, or our means Bakeswap Pty Ltd (ACN 601 017 869).

      Website means www.bakeswap.com.

  2. General

    1. By accessing, viewing, browsing, or using our Website in any manner, you confirm that you have read and understood our Terms of Use, you have the capacity to be bound by our Terms of Use, and you agree to be bound by them.
    2. If you have not read, or if you do not accept or understand the Terms of Use, you are not authorised to access this Website. You further agree that we will not be liable to you for any Loss or Claim arising out of, or in connection with, your unauthorised access of the Website.
    3. The Terms of Use may be amended from time to time. It is your responsibility to ensure that you are aware of the current Terms of Use.
  3. Use of the Website

    1. The Website is a platform provided by Bakeswap to facilitate the sharing of recipes of Bakeswap and Registered Users and the creation of BakeSw@p Circles. The Website is intended to be used for sharing recipes directly between BakeSw@p Circle Subscribers and BakeSw@p Members, and for sharing food directly between BakeSw@p Circle Subscribers. Bakeswap is not a party to any agreements entered into between BakeSw@p Circle Subscribers or between BakeSw@p Members. You acknowledge and agree that becoming a BakeSw@p Circle Subscriber does not guarantee access to a BakeSw@p Circle that you do not create. Except to the extent required by law, Bakeswap does not guarantee that recipes made available on the Website or your interactions with other BakeSw@p Circle Subscribers or BakeSw@p Members will be suitable for your tastes and purposes.
    2. You acknowledge that your use of the Website is at your own risk and that you will accept liability and responsibility for any negative consequences resulting from your use of the Website (including any health or physical effects or illness that may arise from the consumption of food which you choose to create with reference to any of the recipes published on the Website, or the recipes or food that you choose to accept from a BakeSw@p Member or BakeSw@p Circle Subscriber).
    3. You will make your own independent enquiries and decisions as to the suitability of any recipe on the Website that you choose to follow to create food, or any BakeSw@p Circle that you choose to join. BakeSwap is not responsible for, and makes no representation or warranty relating to, the accuracy of BakeSw@p Profiles or content or recipes posted or shared by Registered Users. You acknowledge and agree that Bakeswap does not have an obligation to conduct background checks on or vet Users, nor test or review recipes shared or uploaded on the Website
    4. You agree that you will:
      1. not use the Website in any manner that is unlawful, or in any manner contrary to, or prohibited by, these Terms and Conditions;
      2. provide accurate information to us and update it as necessary;
      3. comply with all applicable laws, regulations and notices sent to you by Bakeswap;
      4. be solely responsible for your interactions and connections with other Users of the Website, including BakeSw@p Members and Bakesw@p Circle Subscribers.
    5. You agree that you will not, directly or indirectly:
      1. upload User Content which infringes a third party’s intellectual property rights (including infringing copyright by uploading any User Content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or non-disclosure agreement;
      2. provide or upload false information, create a false identity or use or attempt to use another person’s BakeSw@p Profile;
      3. defame, abuse, harass, stalk, threaten, breach the confidence of, or otherwise violate the legal rights (such as rights of privacy) of others
      4. hack into any part of the Website through password mining, phishing, or any other means;
      5. knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware or other similar material;
      6. circumvent the Website’s structure, presentation or navigational function so as to obtain information Bakeswap has chosen not to make publically available through the Website;
      7. transmit any unsolicited advertising or promotional materials, or any other forms of solicitation, unless expressly authorised by Bakeswap;
      8. harvest information about other Users in order to transmit, or facilitate the transmitting of such materials as listed in (g);
      9. attempt to modify, reverse engineer, or reverse-assemble any part of the Website;
      10. breach any applicable laws or regulations; or
      11. engage in any other conduct that Bakeswap considers, in its absolute discretion, breaches these Terms and Conditions.
    6. You further acknowledge that:
      1. Bakeswap may delete any User Content posted on the Website for any reason, including if, in Bakeswap’s sole discretion, such User Content breaches these Terms and Conditions or is offensive, illegal, inappropriate or violates the rights of any person
      2. Bakeswap does not review and ensure the accuracy or currency of data or information posted by third parties or Users on the Website;
      3. the posting of recipes or advertisements for goods and services by Bakeswap does not imply an endorsement or recommendation of the recipe or the goods or services by Bakeswap;
      4. Bakeswap provides a platform to facilitate the sharing of recipes and interactions between BakeSw@p Members and BakeSw@p Circle Subscribers, but does not guarantee that recipes made available on the Website or your interactions with other BakeSw@p Members or BakeSw@p Circle Subscribers will be suitable for your purposes. You will make your own independent enquiries and decisions as to the suitability of any recipe on the Website that you choose to follow, or any BakeSw@p Circle that you choose to join
  4. Registration

    1. To become a Registered User, you must
      1. be over 18 years of age;
      2. be capable of forming a legally binding contract;
      3. agree to be bound by the Terms of Use; and
      4. create a BakeSw@p Profile.
    1. To become a BakeSw@p Subscriber, you must:
      1. comply with the requirements in clause 4.1 above; and
      2. pay the BakeSw@p Circle Subscription Fee; and
  5. BakeSw@p Circle Subscription Fee

    1. The BakeSw@p Circle Subscription Fee will be an annual fee as quoted on the Website from time to time
    2. From time to time Bakeswap may revise the BakeSw@p Circle Subscription Fee
    3. Unless you terminate your BakeSw@p Circle Subscription in accordance with clause 19.2, you acknowledge and agree that, upon expiration of each yearly term of your BakeSw@p Circle Subscription, Bakeswap will automatically renew your BakeSw@p Circle Subscription for a further upcoming year and automatically deduct the BakeSw@p Circle Subscription Fee using your credit card details already provided to Bakeswap.
    4. Upon deduction of the annual BakeSw@p Circle Subscription Fee, Bakeswap will notify you of the renewal of your BakeSw@p Circle Subscription. If you do not want to renew your BakeSw@p Circle Subscription, you may cancel the renewal by emailing the BakeSw@p Contact Details within 7 days of being notified of the renewal. Upon being notified that you wish to cancel the renewal of your BakeSw@p Circle Subscription for the upcoming year, Bakeswap will refund the BakeSw@p Circle Subscription Fee paid for that upcoming year.
    5. You acknowledge and agree that if you do not pay the BakeSw@p Circle Subscription Fee that is applicable at the time that your BakeSw@p Circle Subscription is due for renewal, your BakeSw@p Circle Subscription will come to an end and you will no longer have access to the BakeSw@p Circles or the Services on the Website as a BakeSw@p Circle Subscriber.
    6. To the extent permitted by law (and not purporting to exclude, restrict or modify the consumer guarantees available under the Australian Consumer Law) you acknowledge that refunds of the BakeSw@p Circle Subscription Fee (or part thereof) are not generally available once you agree to become a BakeSw@p Circle Subscriber and pay the BakeSw@p Circle Subscription Fee, including but not limited to an event in which:
      1. the operation of the Website is interrupted or contains errors;
      2. you change your mind and decide that you no longer want a BakeSw@p Circle Subscription; or
      3. circumstances arise in which you cannot use your BakeSw@p Circle Subscription.
  6. BakeSw@p Circles

    1. Once you are a BakeSw@p Circle Subscriber, you are entitled to create any number of BakeSw@p Circles or apply to join any number of BakeSw@p Circles created by other BakeSw@p Circle Subscribers. You acknowledge that applying to join a BakeSw@p Circle does not guarantee that you will be accepted as a member of that BakeSw@p Circle.
    2. A BakeSw@p Circle with:
      1. less than the BakeSw@p Circle Quorum for a continuous thirteen month period will be deleted by Bakeswap after that thirteen months.
      2. 0 BakeSw@p Circle Subscribers will be deleted by Bakeswap immediately.
    3. In order to ensure that the BakeSw@p Circle remains active, BakeSw@p Circle Subscribers must ensure that the Circle has at least 1 BakeSw@p Circle Subscriber at all times, and the BakeSw@p Circle Quorum within a thirteen month period of time.
    4. You acknowledge that the Website is a platform provided by Bakeswap and that Bakeswap does not police, mediate or regulate BakeSw@p Circle Subscriber conduct including:
      1. A BakeSw@p Circle Subscriber’s refusal or rejection or termination of you as a member of a BakeSw@p Circle;
      2. A BakeSw@p Circle Subscriber’s fulfilment of, or failure to fulfil, its obligations to the relevant BakeSw@p Circle;
      3. representations made by BakeSw@p Circle Subscribers to you or on the Website including on a BakeSw@p Profile
    5. BakeSw@p Circle Subscribers may permanently and instantaneously leave a BakeSw@p Circle at any time, for any reason, by clicking the ‘QUIT CIRCLE’ button which can be found on his/her BakeSw@p Profile. Once a BakeSw@p Circle Subscriber leaves a BakeSw@p Circle, he/she will not be able to access Content relating to that BakeSw@p Circle and will not be able to rejoin that BakeSw@p Circle unless invited by the Change Quorum of that BakeSw@p Circle.
    6. A BakeSw@p Circle Subscriber may file a complaint about a BakeSw@p Circle or BakeSw@p Circle Subscribers by emailing admin@bakeswap.com.
    7. Bakeswap will endeavour to review and respond to complaints in writing and take any necessary action with respect to improper conduct of a BakeSw@p Circle Subscriber including conduct which is offensive, illegal, inappropriate or violates the rights of any person.
    8. Bakeswap may delete a BakeSw@p Circle, or terminate a BakeSw@p Circle Subscriber’s access to a BakeSw@p Circle, at any time, for any reason, in its sole discretion, if it considers that the BakeSw@p Circle is engaging in or facilitating conduct which is offensive, illegal, inappropriate or violates the rights of any person.
    9. However, Bakeswap is not obliged to review and respond to complaints and takes no responsibility for resolving disputes between BakeSw@p Circle Subscribers. If a BakeSw@p Circle Subscriber is dissatisfied with the conduct of another BakeSw@p Circle Subscriber or BakeSw@p Circle, he/she should leave the BakeSw@p Circle.
  7. Intellectual Property

    1. You acknowledge that Bakeswap is the proprietor, or an authorised licensee, of all Intellectual Property Rights in relation to the Content. Except as permitted under this clause 7, you may not reproduce or replicate any part of the Content or of the layout or design of the Website.
    2. Your use of the Website does not provide you with any Intellectual Property Rights in the Website or the Content. However, subject to your rights under our Privacy Policy, you agree to provide Bakeswap with a non-exclusive, perpetual, royalty free licence to use, reproduce, modify, upload, display, publish, communicate, distribute or otherwise make available on the Website any intellectual property that you create in the course of using the Website, or upload to our Website, including all User Content, for any purpose whatsoever.
    3. You consent to Bakeswap, its licensees and its assignees, dealing with your User Content in any way Bakeswap deems appropriate, including in ways which might otherwise constitute an infringement of your Moral Rights (including by way of materially altering, amending, deleting, modifying, editing, distributing, or otherwise promoting your User Content in any way).
    4. You may download and view Content, or print a copy of the material on the Website for personal, non-commercial use, provided you do not modify the Content in any way, including by removing any copyright or trade mark notice.
    5. All trade marks and logos displayed on the Website are the property of their respective owners and are protected by applicable trade mark and copyright law.
    6. BakeSw@p and the BakeSw@p logo and other BakeSw@p trade marks used in connection with the Services are trade marks owned by Bakeswap. You are not granted any right including a licence in these trade marks.
  8. Content Take Down

    1. You may file a complaint (Complaint) about Content on the Website by emailing admin@bakeswap.com
    2. If you make a Complaint about User Content on the Website (Complainant), you agree that Bakeswap may provide your contact details and a copy of the Complaint to the User who posted the relevant User Content (Respondent)
    3. If Bakeswap is notified of a Complaint that any Content (including User Content) is infringing intellectual property rights of a third party (including copyright), or is otherwise considered by Bakeswap in its sole discretion to be offensive, illegal, inappropriate or which violates the rights of any person or these Terms and Conditions, Bakeswap may immediately take steps to remove the Content (including User Content) that is the subject of the Complaint.
    4. If you post or make available User Content, you agree to Bakeswap removing such content from the Website, at any time, for any reason, in its sole discretion. If Bakeswap intends to remove User Content that has been the subject of a Complaint, Bakeswap will use reasonable endeavours to provide you with the Complainant’s contact details and a copy of the Complaint.
    5. Bakeswap does not police, mediate or regulate disputes relating to whether User Content infringes the intellectual property rights of a third party.
    6. You agree that if you make a Complaint with respect to User Content, it is up to you and the Respondent to resolve the matter.
    7. If a Complainant notifies Bakeswap that User Content is no longer the subject of a Complaint, Bakeswap may, but need not, reinstate the User Content upon being notified by the Complainant that the User Content is no longer the subject of a Complaint.
  9. Links

    1. The Website may include links to Third Party Websites. To the extent permitted by law, Bakeswap makes no guarantee as to the content, functionality, or accuracy of any Third Party Websites.
    2. Third Party Websites are subject to the terms and conditions outlined by that third party.
    3. Any links to Third Party Websites do not:
      1. indicate a relationship between Bakeswap and the third party; or
      2. indicate any endorsement or sponsorship by Bakeswap of the Third Party Website, or the goods or services it provides,
      unless specifically indicated by Bakeswap.
    4. The Website is linked to various social networking sites, including Facebook, Instagram, Twitter, Pinterest, YouTube, Google, Yahoo and Hotmail. You acknowledge and agree that:
      1. any comments or content that you post on such social networking sites through a link provided on the Website, are subject to the terms and conditions of that particular social networking site;
      2. you will not post any comments that are false, misleading, deceptive or defamatory to Bakeswap or its employees, agents, or officers, or which may damage the reputation of Bakeswap; and
      3. we do not review or moderate, and accordingly are not responsible or liable for, any comments or content that you or other Users post on social networking sites.
    5. If you create a link to the Website, the website from which you create the link must not contain any illegal, offensive or distasteful material, including (but not limited to) material that promotes harassment or discrimination.
  10. Third Party Content

    1. The Website may incorporate Third Party Content which is published by, for example, celebrities, guests, writers, sponsors or partners. We have no control over the contents of Third Party Content. Accordingly, we are not responsible for, and make no representation or warranty relating to, the Third Party Content. The display of any Third Party Content on the Website does not in any way imply that we endorse or recommend the relevant Third Party, its products or services.
    2. The nutritional ratings for recipes on the Website are automatically calculated using an externally sourced nutritional calculator and database of ingredients. Whilst Bakeswap has no reason to believe that the nutritional ratings calculated by this external source will not be accurate, Bakeswap has no control over the accuracy or calculations of such nutritional calculator and is not responsible for, and makes no representation or warranty relating to, the accuracy of nutritional ratings published on the Website.
    3. To the extent permitted by law, we will not be liable for any form of loss, liability, damages, costs, injury or harm suffered or incurred by you in consequence of, or resulting directly or indirectly out of, your interaction with the relevant third party.
  11. No Liability

    1. The Website is a platform provided by Bakeswap to facilitate the sharing of Registered User recipes (including recipes from BakeSw@p Members or BakeSw@p Circle Subscribers) and the creation of BakeSw@p Circles. Bakeswap does not police, mediate or regulate Users’ (including BakeSw@p Members or BakeSw@p Circle Subscribers) conduct. Accordingly, Bakeswap has no control over the conduct of Users.
    2. You agree that your
      1. participation in BakeSw@p Circles
      2. sharing of recipes using the Website;
      3. consumption of food created by following recipes published on the Website
      4. acceptance from, and provision of food to, BakeSw@p Circle Subscribers;
      5. use of the Website;
      6. use of the Services provided by Bakeswap,
      is entirely at your own risk. You agree to accept full liability and responsibility for any Loss or Claim in connection with your use of the Website and your conduct as listed in this sub-clause, including for any illness or physical or health related issues related to consumption of food created by following a recipe published on the Website or accepting and consuming food from a BakeSw@p Member or BakeSw@p Circle Subscriber.
    3. Whilst Bakeswap uses reasonable measures to ensure the accuracy and currency of the Content it publishes on the Website, it is not responsible for any errors or omissions in the Content it publishes on the Website, including:
      1. errors in recipes;
      2. errors in relation to the ingredients or the measurements in recipes;
      3. errors in cooking and baking tips;
      4. accuracy of BakeSw@p Smiley ratings given to recipes by Bakeswap, other BakeSw@p Members or BakeSw@p Circle Subscribers;
      5. errors in nutritional ratings for recipes;
    4. Bakeswap does not warrant or guarantee:
      1. BakeSw@p Circle Subscriber’s acceptance of you as a member of a BakeSw@p Circle;
      2. a BakeSw@p Circle Subscriber’s fulfilment of its obligations to the relevant BakeSw@p Circle;
      3. the accuracy of any representations made by BakeSw@p Circle Subscribers on the Website including on a BakeSw@p Profile.
      4. the accuracy or currency of the Content;
      5. that the recipes made available on the Website or your interactions with other BakeSw@p Circle Subscribers will be suitable for your tastes or purposes;
      6. that if you follow a recipe published on the Website it will result in the creation of food which is to your satisfaction;
      7. the suitability of a recipe to accommodate any specific food allergies;
      8. that the Website will be free from viruses (including malware or spyware) or other destructive properties; or
      9. that the operation of the Website will be uninterrupted or error free.
    5. To the extent permitted by law, Bakeswap is not liable to you or any third party for any Loss or Claim arising out of, or in connection with, your conduct as listed in clause 11.2, including for any illness or physical or health related issues related to consumption of food created by following a recipe published on the Website or accepting and consuming food from a BakeSw@p Member or BakeSw@p Circle Subscriber.
    6. By using the Website, you agree that any legal remedy that you seek to obtain for actions or omissions of other Users or third parties will be limited to a claim against the particular User or third party who caused the Loss or Claim. You agree not to attempt to impose liability on or seek any legal remedy from Bakeswap with respect to such actions or omissions.
  12. Warranties

    1. You warrant that:
      1. you own your User Content and all rights in relation to your User Content;
      2. you did not obtain your User Content in a manner which breaches any laws or the rights of any person;
      3. your User Content is accurate;
      4. your User Content, your uploading of your User Content to the Website and the use by Bakeswap of your User Content, in each case as contemplated in these Terms and Conditions, does not breach any law (including laws relating to privacy, intellectual property and defamation) or the rights of any person;
      5. your User Content, at the time you upload it to the Website, contains no viruses, Trojans, worms, logic bombs, spyware, malware or other similar material; and
      6. your User Content is not being provided for a commercial purpose (for example, you are not soliciting funds or advertising particular goods or services).
  13. Indemnity

    1. You indemnify Bakeswap and its related bodies corporate, affiliates and subsidiaries, and their employees, contractors, agents, and officers, from and against any Losses or Claims arising out of or in connection with:
      1. your conduct (as listed in clause 11.2), including for illness or physical or health related issues related to consumption of food created by following a recipe published on the Website or the sharing of food with a BakeSw@p Member or BakeSw@p Circle Subscriber;
      2. your breach of the Terms of Use;
      3. your User Content violating or breaching any laws;
      4. your User Content infringing the rights of any third party.
  14. Mobile Applications

    1. If you are accessing our Services using a mobile device or phone (device), some of the Content may be limited or restricted.
    2. You acknowledge and agree that your use of the Website on your device may be subject to separate charges imposed by your mobile phone service provider (carrier), such as data usage charges, and phone charges, for which you will be solely responsible.
  15. Privacy and Personal Information

    1. Any Personal Information provided to Bakeswap through the Website is subject to our Privacy Policy.
    2. Upon creating a BakeSw@p Profile you will be required to provide Bakeswap with certain Personal Information, such as your name, address, age, gender, email address, date of birth and location.
    3. Any non-personal information you send to Bakeswap through the Website (including by way of the blog or forums), such as questions, comments, or suggestions, is not encrypted, nor will it be treated as confidential. You agree that you have provided a non-exclusive, perpetual, royalty free licence to Bakeswap to use the non-personal information you upload to our Website for any purpose whatsoever.
    4. You agree that we may disclose the Personal Information we collect about you (including, but not limited to, your name and contact details) to the relevant authorities if we consider you are in breach of these Terms and Conditions. If you have infringed the Intellectual Property Rights of a third party, you agree that we may provide your personal details to the relevant Intellectual Property Rights holder.
    5. You agree that we may disclose any information we, in our absolute discretion, consider we are required to disclose in order to satisfy any applicable rule of law, regulation, legal process or government request.
  16. Assignment

    1. We may at any time, and without the need for further consent from you, assign or transfer all or any of our rights or obligations under these Terms and Conditions to any person.
    2. You may not assign or transfer any of your rights or obligations under these Terms and Conditions without obtaining our prior written consent.
  17. Content Amendments

    1. We may amend, remove, alter or vary any of the Content at any time, without prior notice to you.
  18. Severability

    1. If any court or competent authority finds that any of the provisions (or part of any provision) of these Terms and Conditions is invalid, illegal or unenforceable, that provision or part provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Terms and Conditions will not be affected.
    2. If any invalid, unenforceable, or illegal provision of these Terms and Conditions would be valid, enforceable and legal if some part of it were deleted, the provision will apply with the minimum modification necessary to make it legal, valid and enforceable.
  19. Termination

    1. We reserve the right to terminate your access to this Website, or any of its features or any of the Services:
      1. at any time and without any prior notice, if you have breached these Terms and Conditions; or
      2. at our discretion, giving 24 hours written notice (including as an announcement on the Website).
    2. You may terminate your BakeSw@p Membership or BakeSw@p Circle Subscription at any time by emailing admin@bakeswap.com.Unless required by law, you will not be entitled to any refund if you cancel with time left on your current subscription term.
    3. Upon termination or expiry of your BakeSw@p Membership or BakeSw@p Circle Subscription, we reserve the right to retain and continue to use any User Content that you have submitted or uploaded to the Website.
  20. Amendments

    1. We may amend these Terms and Conditions from time to time. If we do, the amended Terms and Conditions will be published on the Website. You agree that it is your responsibility to check for updates to our Terms and Conditions. You further agree that your continued use of the Website is acceptance of our amendments to the Terms and Conditions.
  21. Applicable Law

    1. These Terms and Conditions, and any dispute or claim arising out of, or in connection with them, will be governed by and construed in accordance with the laws of Western Australia in Australia.
    2. You irrevocably agree that the courts of Western Australia will have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, these Terms and Conditions.
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