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Bakers Market Terms of Service Agreement



Thank you for using Bakers Market.

This Terms of Service Agreement (“Agreement” or “Terms of Service” or “Terms”) together with the Privacy Policy and Acceptable Use Policy (together, the “Policies”) on www.Bakers.Market website (“Site” or “Website”) govern the use of the Site and applications, that reference this Terms of Service and that are accessed through any mobile applications, platform or device (collectively “Bakers Market Services”).

Bako North Western (Group) Limited; a company registered in England and Wales with Company Number 08802727 (“BAKO”) and Vida Technologies Limited; a company registered in England and Wales with Company Number 10217838 (“Vida Technologies”) together provide Bakers Market Services (together, the “Companies”, “we”, “our”, “us”) and its features to you. We recommend reading the Terms and Policies in their entirety to ensure complete understanding of your rights, responsibilities and the conditions for use of Bakers Market Services.

When you (the “Buyer” or “you”) create an account (“Account”) on the Site, you agree to be bound by these Terms and all Policies posted on our site. This Agreement applies to all Buyers who create an online Account on the Site.

Any breach of these Terms or Policies as determined in the discretion of the Companies may result in an immediate termination of your Account.

By accessing any part of the Site, you indicate that you accept these Terms and all Policies. If you do not accept these Terms and Policies, you should leave the Site immediately, and you must not order any products or services through the Site.

About Bakers Market

Bakers Market is the UK’s first online marketplace for you, the lovers of fresh bakery produce to find, order, securely pay for and either pickup or home deliver from their favourite bakery products. Bakers Market provides a service which quickly and easily gives retail bakers (“Sellers”) their own online store with secure payment, click & collect and home delivery options to help grow their sales.

Legal Disclaimer

BAKO and Vida Technologies provide access to the Site to act as a venue to allow Sellers to sell and you to purchase products or services. Whilst we try to ensure the product information on our site is correct, Sellers may alter their product information. If you have any specific product queries, please contact the Seller directly. This notice does not affect your legal rights.

Allergy, Dietary and Menu Information: You should always read the ingredients, allergens, warnings and instructions provided with any product before using or consuming it. When a Seller signs up with us, they provide us with up-to-date menu information. We then include this on their dedicated page on the Site. Where this information includes allergy or other dietary information, we will do our best to republish this information on the Site exactly as it appears on the Seller’s menu. If you have, or someone you are ordering for has, a concern about food allergies, intolerances or other dietary preferences, you should always contact the Seller directly before placing your order.

The Companies do not have possession of anything listed or sold through the Site and are not involved in the transaction between you and Sellers. The contract for sale is directly between you and Seller. Neither BAKO nor Vida Technologies are parties to this contract nor do we act as the Seller’s agent. The Companies do not assume any responsibility arising out of or in connection with any contract made. Each Seller is responsible for the sale of products and dealing with any claims arising out of or in connection with the contract between you and Seller. As such, the Companies have no control over, and do not guarantee the existence, quality, safety or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of Sellers to sell items or your ability to pay for items or that you or Seller will complete a transaction including a return.

You agree that Bakers Market is a marketplace and as such is not responsible or liable for any content including data, text, images, graphics, usernames, photographs, videos, items and links posted by you or other Buyers on the Site.

Membership

Bakers Market Services are only available to and may only be used by Buyers who are 18 years or older who can form a legally binding contract under applicable law. You represent that you are at least 18 years of age and all information provided at registration for your Account is accurate and truthful.

Compliance: You agree to comply with all local laws regarding online conduct. You are responsible for all taxes payable as a result of your activity on the Site. Some services offered through the Site may be subject to additional terms and conditions published on Bakers Market from time to time; your use of such services is subject to those additional terms, which are incorporated into this Agreement by reference.

Account Security: You are responsible for keeping your password secure. You are responsible, and as such we are not responsible, for any activity, liability, loss or damage resulting from failure to keep your password or Account secure. You agree to notify Bakers Market immediately of any unauthorised use of your Account or breach of security. You agree not to provide your username and/or password information to any other party other than on Bakers Market.

Communication: You acknowledge that the email address you provide when registering for an Account or as updated by you from time to time is the primary method for communication with you.

Account Transfer: You may not transfer or sell your Bakers Market Account to another party.

Right to Refuse Account: The Companies reserve the right to refuse service to anyone at any time. We, in our sole discretion, reserve the right to cancel unconfirmed or inactive Accounts.

Fees

You must ensure all subscription fees and any associated fees are paid on or before the date they fall due. If fees are not paid on or before the date, they fall due, we may suspend your Bakers Market Account until all outstanding fees are paid in full.

Fees and Termination: If you close your Account or if payment of your Bakers Market fees cannot be completed for any reason, you remain obligated to pay us for all unpaid fees plus any penalties where applicable.

Purchase conditions

When buying an item, you agree that you are responsible for reading the full item listing including all ingredient and any allergen information listed before making a commitment to buy. You agree you enter into a legally binding contract to purchase an item when you commit to buying an item.

Binding Sale: All sales are binding. You are obligated to deliver appropriate and full payment for items purchased from a Seller.

Content

When posting any content on the Site, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use the content and you authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media now known or developed in the future. Further to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees. You can end this license anytime by deleting your content or Account. To learn more about how we use information, please review our Privacy Policy.

By uploading content to the Site, you undertake that you have the right to use such content and such content does not infringe any third-party intellectual property rights. In the event that we receive a complaint in respect of any content posted by you it shall be your sole responsibility to deal with such a complaint and to compensate the Companies for any loss suffered. We reserve the right to remove such content immediately.

By uploading content to the Site, it is possible for an outside website or a third party to repost that content. You agree to hold us harmless for any dispute concerning this use.

By uploading images to the Site, you agree that we have the right to use your images to promote Bakers Market Services in any external press as well as across all our websites and social media channels.

Rights Under this Agreement

This agreement does not give rights to any third parties. You cannot transfer your rights or obligations under this agreement without our consent.

Our rights and obligations can be assigned to others. This could occur through a change in our ownership or the Site changes as a result of a merger, acquisition, restructuring, sale of assets or by law.

Resolution of Disputes and Release

In the event a dispute arises between you and us, please contact us in the first instance. Any dispute arising from or in relation to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Should you have a dispute with another Buyer, Seller or an outside party, you release the Companies (and their officers, directors, agents, affiliates, subsidiaries, parent companies, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

We may try to help you resolve disputes at your request. The Companies do so in their sole discretion, and have no obligation to resolve disputes between Buyers or between Buyers and Sellers or Buyers and outside parties. To the extent that we attempt to resolve a dispute we will do so in good faith based solely on these Terms and associated Policies.

Breach

If we suspect you have breached this Agreement or any other Policy owned by us, without limiting any other remedies, we may, without notice and without refunding any fees, delay or immediately remove content, issue a warning to you, temporarily suspend your Account, temporarily or indefinitely suspend your Account privileges, terminate your Account, prohibit access to the Site, and take technical and legal steps to keep you off the Site and refuse to provide services to you.

Liability

We (including our officers, directors, agents, affiliates, subsidiaries, parent companies, joint ventures, and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:

  • Your use of or inability to use our Site
  • Delays or disruptions on our Site
  • Viruses or other malicious software obtained by accessing, or linking to, our Site
  • Glitches, bugs, errors, or inaccuracies of any kind in our Site
  • Damage to your hardware device from the use of our Site
  • The content, actions or inactions, of third parties, including items listed on the Site or the destruction of allegedly fake items
  • A suspension or other action taken with respect to your Account or breach of these Terms or any of our Policies
  • Your need to modify practices, content, or behaviour as a result of changes to these Terms or our Policies

You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.

Privacy

Except as provided for in the Privacy Policy, we will not sell or disclose your Personal Information (as defined in the Privacy Policy) to third parties without your explicit consent.

Updating these Terms

We may make changes to our Terms and Policies so that they accurately reflect the service we provide. If we make changes, we will notify you by revising the change log below and include a date when the changes will become effective. In some cases, we may provide additional notice (for example, through a notice on the homepage on the Site). If you then continue to use the service, you will be bound by the updated Terms.

If you do not want to agree to these or any updated Terms, you can delete your Account by sending an email to the following address: contact@bakers.market.

Change Log:
Last updated: May 6, 2020.
May 6, 2020: Full review of all Terms and Policies