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Terms and Conditions

The website www.missbiscuit.com.au and its related services, products, websites, tools and applications (“Website”) is owned and operated by Miss Biscuit Pty Ltd ACN 169 807 050 ATF the Lochinvar Trust (ABN 56789739310) (Miss Biscuit).

These terms and conditions (Terms and Conditions) together with all other documents referred to within these Terms and Conditions govern the supply of any Products ordered by you on the Website or by any other means, including by phone, over the counter or email. By placing an order on the Website and clicking the “I agree” button (or a similarly worded button) you agree to be bound by these Terms and Conditions. If you don’t agree to be bound by these Terms and Conditions, you must not use the Website.

These Terms and Conditions may be updated by us from time to time. Each order placed on the Website will be a separate contract and the Terms and Conditions that apply to an order will be the Terms and Conditions that you agree to at the time you place your order. 

  1. Agreement
    1. Our Services are available only to, and may only be used by, persons who can form legally binding contracts under Applicable Laws. If you do not qualify, please do not use our Services.
  2. using the website
    1. Miss Biscuit is a specialist decorating studio which provides unique cookie and cake decorating supplies and cookie and cake decorating classes (together the Products) through the Website. These terms will apply to all Products supplied by Miss Biscuit generally, with specific terms for cookie and cake decorating classes (the Classes) contained in clause 5.
    2. Your use of this Website is by non-exclusive licence granted by us strictly in accordance with these Terms and Conditions.
    3. You may not use this Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of this Website.
  3. Your Account
    1. To access and use the Website, you may need to register with us and set up an Account with your email address and a password. You are solely responsible for maintaining the confidentiality of your password and you are liable for all activities that happen under your Account, even if you do not authorise such activities.
    2. If we enable you to connect to the Website with a third-party service (e.g. Facebook or Google+), you hereby grant us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. You should contact us immediately if you believe your Account has been compromised or misused in any way.
    3. When you notify us of your Account being accessed without your authority or your Account not being secure, we may restrict your use of the Services in our absolute discretion.
  4. Placing an order for goods
    1. You may place an order for Products by submitting your order through the Website in accordance with these Terms and Conditions.
    2. Any order placed through this Website for Products is an offer by you to purchase the particular Products for the purchase price at the time you place an order. You acknowledge that by placing your order, you are agreeing to pay for and accept delivery of the Products ordered. Any order placed by you is subject to any limitations shown on the Website.
    3. By placing the order you are declaring that the goods are for your personal use only and will not be made available for resale by you or by someone with your authority.
    4. We reserve the right to accept or reject your order (or any part thereof) at any time and for any reason.
    5. The purchase price for the Products will be displayed on the Website at the time you place an order. Prices and all other details for our Products are subject to change without notice.
    6. You must make payment via a method accepted by us as stated on the Website. We will charge you and you agree to pay the purchase price and any other fees shown to you on the Website for the Products at the time you place your order, except where otherwise specified.  Delivery is not included in the purchase price for the Products. We will provide you with a separate quote for the delivery fee which must be paid before the Products are dispatched to you and by the time specified by us. Any payments for an order of Products must be received in cleared funds before the Products will be dispatched. If your payment cannot be processed, or fails to clear, your order will be rejected and you will be notified by the Website.
    7. You authorise us, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud.
    8. Our payment provider may charge you a fee depending on the payment method used by you (for example, payments made by credit card may attract a small surcharge). You agree to pay such fees at the same time as you make payment to us, even if such fees are not explicitly disclosed on the Website.
    9. Prices shown on the Website are in Australian Dollars (AUD) and include GST, unless otherwise stated.
    10. All payments must be made in clear funds without set-off or counter claim.
  5. Classes
    1. Booking Classes

Once we have accepted your order and received valid payment of all required fees for the Class your booking will be confirmed for the Class which you have enrolled for. The date and time of the Class will be as specified on the Website at the time you place your order.

    1. In-Person Classes
      1. On entry to the Class if required by us you must present your ticket granting you admission to the Class. All tickets are non-transferable and the resale of tickets is prohibited.
      2. We reserve the right to prohibit entry to any person to a Class, or eject any person from a Class where you fail to follow these Terms and Conditions or where we have reasonable grounds to do so including without limitation where you behave in such a manner that affects the enjoyment of other attendees. If you are removed or denied entry you will not be entitled to a refund.
    2. Online Classes and Groups
      1. When you purchase an online Class from us (whether it is a free or paid Class) you are getting from us a licence to view the Class in the manner specified by us. The licence does not grant you the right to resell the Class in any manner (including sharing of account details so that others can view the Class).
      2. We grant you a personal, limited, non-exclusive, non-transferable licence to access and view the Class and associated content for which you have paid all required fees, solely for your personal and educational use through the Services in accordance with these Terms and Conditions.
      3. We reserve the right to revoke your licence to the Class at any time, including without limitation if you cancel your order.
      4. We reserve the right to change the content and pricing of Class at our discretion without notice.
      5. Online Classes and groups may have third party terms of use associated with them and you agree to be bound by such terms.
    3. General
      1. Unfortunately due to the nature of our Classes, except to the extent permitted by laws, there are no cancellations and refunds permitted for Classes. If you wish to reschedule please contact us and we may offer rescheduling for a fee (at our discretion).
      2. We reserve the right to vary the schedule of the Class, including the advertised programs, prices, venues, seating arrangements and any other ticket categories.
      3. Where there are circumstances beyond our control that prevents us from providing the Class (such as weather conditions or fire) we reserve the right to change or cancel any ticket or Class. All tickets are subject to availability.
  1. Shipping and delivery of PRODUCTS
    1. Please review our Shipping and Deliveries Policy available on the Website. By using our Website you agree to the Shipping and Deliveries Policy, and such policy is incorporated in these Terms and Conditions by this reference.
    2. Should you have any enquiries about our Shipping and Deliveries Policy please contact us on the details below
  2. Cancellation
    1. We may cancel an order for Products at any time (including any orders we have accepted) without any liability to you for that cancellation for any reason including where:
      1. the Products are not available; or
      2. there is an error in the description or price of any Products on the Website relevant to your order.
    2. If we do cancel your order, we will endeavour to notify you and provide you a refund of all payments made.
  3. Promotions and discounts
    1. From time to time we may provide you with a promotional or coupon code for use when placing and order. It is your responsibility to ensure that the code is valid, and that you enter the code for use at the correct time. The code cannot be applied after you have submitted your order. Separate terms may apply to the use of the code and will be advised by us.
  4. Returns and refund policy
    1. Please review our Returns and Refund Policy available on the Website. By using our Website you agree to the Returns and Refund Policy, and such policy is incorporated in these Terms and Conditions by this reference.
    2. Should you have any enquiries about our Returns and Refund Policy please contact us on the details below.
  5. Accuracy of billing and account information
    1. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your Account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
  6. Access and Termination
    1. We reserve the right, at any time and without prior notice, to remove or disable access to this Website or any part of it for any reason.
  7. Prohibited use
    1. Your use of the Website and our Services, and your information, must not:
      1. be false, inaccurate, misleading, fraudulent, deceptive or unlawful;
      2. be in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of this Website;
      3. infringe any third party’s rights or violate any Applicable Laws;
      4. contain any viruses or similar which could affect the integrity, operation or security of this Website; 
      5. create liability for us or cause us to lose (in whole or in part) the services or custom of our internet service provider, other Users or other suppliers;
      6. damage the credibility or integrity of the Website or Miss Biscuit, or dilute, tarnish, or otherwise harm our brand in any way; 
      7. breach or violate any of our policies; 
      8. copy, store or otherwise access or use any information contained on the Website for purposes not expressly permitted by these Terms and Conditions;
      9. use the Website for any purposes that are not permitted by these Terms and Conditions or in any way that is inconsistent with the purpose of the Website, or in a manner that falsely implies Miss Biscuit endorsement, partnership or otherwise misleads others as to your affiliation with Miss Biscuit;
      10. attempt to circumvent payment of any fees in anyway; or
      11. circumvent, disable or otherwise attempt to interfere with any security related features.
  8. Disclaimer
    1. You acknowledge and agree that your use of this Website is at your own risk. We provide this Website on an “as is” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by law. We exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Products that are not expressly set out in these Terms and Conditions to the maximum extent permitted by law.
    2. You acknowledge that:
      1. all pictures and images of Products displayed on the Website are for illustrative purposes only;
      2. any accessory featured with the Products may be sold separately; and
      3. we are not responsible for any information made available on this site, and we do not represent or warrant the accuracy of any information. Miss Biscuit does not promise that the Website or any content will be error-free or uninterrupted, or that your use of the Website will provide any specific results. You assume total responsibility for your use of the Website. We cannot ensure that any files or other data you download from the Website will be free of viruses or contamination or destructive features.
  9. Limitation of liability
    1. To the extent permitted by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the Website or its use or the Services.
    2. If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law that cannot be excluded, and the goods are not of a kind ordinarily acquired for personal, domestic or household use our total liability to you for that failure is limited to, at our option the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired.
    3. Subject to the other terms of this clause, our maximum aggregate liability to you in any 3-month period for any Loss or damage or injury arising out of or in connection with these Terms and Conditions, including any breach by us of these Terms and Conditions, however arising, in contract, in tort (including negligence), under any statute, custom, law or on any other basis is limited to the actual charges paid by you under these Terms and Conditions in the 3-month period preceding the matter or event giving rise to the claim.
  10. indemnity
    1. You agree to indemnify and hold us and our related entities, related bodies corporate, officers, directors, agents, and employees, harmless from and against any actions, claims, demands, proceedings, Losses of every kind and nature, known and unknown (including legal costs on a solicitor own client basis) and claims made by third parties, due to or arising out of your breach of these Terms and Conditions or any policy or the terms and policies they incorporate by reference, or your violation of any law or the rights of a third party, or otherwise arising directly or indirectly from your use of the Services.
  11. Intellectual Property rights
    1. You acknowledge that Miss Biscuit owns all right, title and interest in and to the Website, including without limitation all intellectual property rights, and such rights are protected by Australian and international intellectual property laws.
    2. You consent to Miss Biscuit transferring your data to third party IT providers, including our website host and back-up service provider which may be outside of Australia.
    3. You agree that:
      1. you will not copy, reproduce, alter, modify, create derivative works, or publicly display (other than on the Website) any Miss Biscuit intellectual property except with the prior written permission of Miss Biscuit or the appropriate third party authorised to grant such permission and when doing so you must adequately acknowledge us and, in the case of websites, include a link from your website to our Website;
      2. Miss Biscuit owns all right, title and interest in and to the Website and no right, title or interest is transferred or granted to you, except so far as expressly stated in these Terms and Conditions;
      3. if you add any information to the Website of any nature whatsoever that information is personally attributable to you and you warrant that you have the right to distribute that Information;
      4. you acknowledge that when you provide us with information, we may receive additional related data, such as the time, date and place you provided the Information;
      5. Miss Biscuit is not liable or responsible for any Loss that you may experience in submitting information to Miss Biscuit or for Miss Biscuit’s use of your information in accordance with the licence granted.
    4. Miss Biscuit may in its sole and absolute discretion refuse or remove any information from the Website.
  12. links
    1. Outbound links to external websites do not form part of the Website and are not under the control or the responsibility of Miss Biscuit.
  13. third party services
    1. We may list or provide you with third party services on the Website.
    2. You acknowledge and agree that by utilising any third party services through our Website (such as PayPal, ZipPay or any other payment provider) you are bound by the terms and conditions of that third party. If payment is processed via credit card through PayPal, you do not have to be registered with PayPal to make payment. The payment transaction will be processed by your credit card company at PayPal’s request immediately after confirmation of the payment order and your legitimacy as a legal cardholder. You will receive further information during the order process. If payment is processed through PayPal standard or ZipPay then you may be required to register with the relevant third party and create an account.
    3. You acknowledge and agree that you are solely responsible for ensuring that you have read and understood any applicable third-party terms of agreement when using the Website. We will not be liable for any loss or damage suffered by you in connection with such third party terms, regardless of whether we bring these to your attention or not. You are solely responsible for obtaining a copy of and reviewing such third party terms.
    4. In the event we provide linking services with third parties, you authorise us to undertake to provide details as necessary to that third party.
  14. Privacy
    1. The Privacy Policy applies to the use of this Website, and its terms are made a part of these Terms and Conditions by this reference.
    2. By using this Website you acknowledge and agree that internet transmissions are never completely private or secure and understand that any message or information you send to the Website may be read or intercepted by others.
    3. You authorise us to use, store or otherwise process any information including personal information which relates to and/or identifies you, to the extent reasonably necessary for the provision of any goods requested by you.
  15. General terms
    1. These Terms and Conditions are governed by the laws of Victoria, and the parties submit to the jurisdiction of the Courts of Victoria and relevant federal/Commonwealth courts competent to hear appears from them.
    2. If a clause of these Terms and Conditions is void or unenforceable it must be read down to the extent necessary to give it legal effect or severed from if it cannot be read down and the remaining part and provisions shall remain in full force and effect.
    3. You agree that these Terms and Conditions and all incorporated agreements may be assigned by us in its sole discretion without notice. You may not assign these Terms and Conditions without obtaining our prior written consent.
  16. CHANGES TO TERMS OF SERVICE
    1. You can review the most current version of the Terms and Conditions at any time at this page.
    2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes. We will not update our Terms and Conditions retrospectively.
  17. CONTACT INFORMATION
    1. If you have any questions about these Terms and Conditions please contact us by using our contact details on the Website
  18. Definitions & Interpretation
    1. Definitions

In these Terms and Conditions unless inconsistent with the context or subject matter:

      1. Account means an account on the Website;
      2. Applicable Laws means any Applicable Laws (including orders, by-laws and regulations) in the jurisdiction in which you, and any User you are interacting with are located or which in any way govern or affect the use of the Services;
      3. Classes has the meaning given to it under clause 2.1;
      4. GST has the meaning given in A New Tax System (Products and Services Tax) Act 1999 (Cth);
      5. our, us and we means Miss Biscuit;
      6. Privacy Policy means our privacy policy accessible on the Website;
      7. Products has the meaning given to it under clause 2.1 and includes any Classes or other products offered for sale on the Website or as advised by us from time to time;
      8. Services means any services we provide to you, including the Website and the sale of Products;
      9. Terms of Use means the Terms of Use used to govern your use of the Website, in addition to these Terms and Conditions, accessible on the Website;
      10. User means any person who uses the Website;
      11. you and your means a User.
    1. Interpretation

In these Terms and Conditions, unless inconsistent with the context or subject matter:

      1. a reference to a person includes any other legal entity and vice versa;
      2. words importing the singular number include the plural number and vice versa;
      3. a reference to a party includes the party’s heirs, executors, successors and permitted assigns;
      4. headings are for reference purposes only;
      5. where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;
      6. references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail;
      7. unless otherwise stated, a reference to a monetary amount is a reference to an Australian dollar currency amount; and
      8. an obligation of two or more parties binds them jointly and each of them severally.

Contact Us

Melbourne 65a Charles St,
Seddon,
Victoria

03 96872916
10am-5pm Monday-Friday
10am-3pm Saturday

Sydney 66 Darling St,
Balmain East,
New South Wales

02 95552870
10am-5pm Tuesday-Friday
10am-3pm Saturday

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