Terms & Conditions
BAKE FRIEND End User Licence Agreement (EULA)
Bake Friend is trading style of Bake Friend Ltd. of 121 Dorrington Close Luton LU3 1XP (Company number 14839711) (referred to herein as ‘Bake Friend’). This ‘App’ uses software which is owned by Bake Friend. By downloading the App you hereby agree to abide by the terms on which the App is provided to you. You are also referred to herein as either the ‘buyer’ or ‘seller’ or both collectively referred to as the ‘User’. The ‘App’ refers to the Bake Friend App. The ‘Service’ refers to use of the App.
What does the App do ?
The App is a platform which enables Users to connect with other Users in the food chain between baking or cooking to delivery and consumption. Bake Friend does not bake, cook or deliver food. For the avoidance of doubt, Bake Friend does not offer to sell food (prepared or otherwise) or provide any warranty as to quality or fitness. Any sale or purchase using the App shall amount to a contract between the Users and shall be on contract terms as agreed between Users. Bake Friend acts as an agent on behalf of Users in the provision of this App to you.
The App promotes local trade in food production and consumption. It does this by allowing low-cost producers of cooked or baked food to market their prepared food to other Users in their local area. At the same time, the App leads Users towards achieving carbon net zero in the environment in a sustainable manner. Bake Friend does not monitor food production or ensure compliance with local food standards.
It shall be the sole responsibility of Users to ensure compliance with local rules and regulations for the sale and purchase of prepared foods.
IMPORTANT NOTICE
Bake Friend is not responsible for the health and hygiene of food processed.
Bake Friend is not responsible for any food allergies and excepts no liability for loss or damage.
How does the App work ?
The App acts as a digital interface between buyer and seller. The App enables a seller to upload freshly cooked or prepared food onto a digital market place which the buyer can access and make a purchase, from the selection made available by the App of the prepared food made available on the App. Any purchase and sale using the App shall be on respective terms agreed between the Users.
The App requires an Android Smart phone or tablet with Android 14 (or above) operating system or an iOS Smart phone or other device operating a minimum of iOS 17 or above. Technical Information and assistance about the App can be found by tapping the “About” button within the App, or by contacting us.
Permitted uses
You may transfer your personal information and data to other Users using the App.
You may use the App to contact and communicate with the other Users acting as seller or buyer.
You may use the App to access your personal information and data which you have provided onto your profile using the App.
You agree to us transferring your personal data in accordance with your permitted use.
Non-permitted uses
You must not be under 18 years of age.
You must not allow anyone to use the App except the registered User.
You must not use the App except as part of the service provided by Bake Friend.
You must not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system.
You must not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms).
You must not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App.
You must not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users.
You must not collect or harvest any information or data from any service or our systems or attempt to decipher any transmissions to or from the servers running any service.
Our Rights
We may suspend or withdraw or restrict the availability of all or any part of the App and services for business and operational reasons. We will try, where reasonably possible, to give you reasonable notice of any major changes, suspension or withdrawal.
We do not guarantee that the App, or any content on it, will always be available or be uninterrupted. From time to time we may automatically update the App and change the service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the services.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, failure of our affiliates or partners to perform their obligations, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
We may end your rights to use the App and services at any time immediately if we:
(a) reasonably believe that you have breached these terms;
(b) are required to by law;
(c) are phasing out or ceasing the provision of the App or services; or
(d) reasonably believe that your use of the App or services may infringe or
violate the rights of a third party or subject us to civil or criminal liability or reputational harm.
On termination for any reason:-
(a) all rights granted to you under these terms shall cease;
(b) you must stop all activities authorised by these terms, including your use of the App and any services; and
(c) you must immediately delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this; or
(d) we may remotely access your device and remove the App from it and cease providing you with access to the service.
Payment Services
All payments made using the App are held by Bake Friend. Bake Friend acts as stakeholder on behalf of Users.
Bake Friend shall be entitled to charge such fees and charges as are applicable from time to time in accordance with Bake Friend’s Fees and Charges. Bake Friend shall be entitled to make deductions for such fees and charges from money held by it as stakeholder on behalf of Users.
Bake Friend shall be entitled to withhold payment to any User pursuant to regulatory compliance or following notice of a dispute in which case Bake Friend’s Dispute Resolution Procedure shall apply.
Bake Friend shall release payment to Users in accordance with Bake Friend’s Payment Release Policy.
Privacy
Bake Friend is committed to protecting the privacy and security of your personal information. The Bake Friend Privacy Policy tells you how Bake Friend uses and protects any information that Users give when you use this App, in accordance with the UK General Data Protection Regulation (‘UK GDPR’). It also refers where applicable to the Data Protection Act 2018 (‘DPA18’).
Our liability
Our liability to you is limited to the maximum extent allowed by law.
Complaints
Bake Friend aims to provide you with the utmost user experience. If your experience less than expected, you should let us know by contacting us here.
If we have been unable to resolve your complaint, you may Appeal to the London Arbitration Centre Limited within 12 months of our final response. They are approved by the Chartered Trading Standards Institute to provide an independent review of complaints and disputes by way of Alternative Dispute Resolution (ADR). We agree any decision by them in respect of any Appeal to be binding upon us. Their details are;
website: www.londonarbitrationcentre.com
telephone: 0203 287 4003
email: adr@londonarbitrationcentre.com
General
Users shall be bound by Stripe’s Connected Account Agreement.
Creating a User’s account means you automatically agree to Stripe’s Terms and Conditions and Terms of Service.
Upon User profile creation, Stripe may ask you for ID documents and other information for your Stripe connected account. Bake Friend will not approve verification of your Bake Friend account until you comply with all of Stripe’s requirements.
Users must ensure the QR Code is scanned upon order collection. In the event of an issue arising from a Stripe payment, Users must contact Bake Friend.
Buyers cannot cancel their order once their order is in “In Progress” state (this means it has been accepted).
Buyers may only cancel their order when the order is in “Pending” state.
Bake Friend’s processing fee is calculated on all orders and added to the final total. The fee is the greater of £1GBP (or equivalent in local currency) or 10% of the total order.
Bake Friend is not responsible for the health and hygiene of food processed.
Bake Friend is not responsible for any food allergies and excepts no liability for loss or damage.
Outside of the UK transactions may incur additional Stripe fees. These fees should be covered by Bake Friend’s processing fee, which means that Users are not likely to be affected. However, Stripe fees are subject to change in which case, a fee may be deducted from the seller’s overall payout balance.
Bake Friend has the right to modify the processing fee as and when required.
Stripe may take fees on orders that have been sent for refund. These fees will not be included in the total refunded amount.
Refunds will not include Bake Friend’s processing fee.
Orders in “Pending” state will be rejected after 24 hours unless accepted.
Orders in “In Progress” state will be cancelled after 24 hours unless fulfilled.
Orders that are in “Ready” state which have not been collected within 48 hours will be marked as “Not Completed”. In such case Users can contact Bake Friend Support for a full refund if they have not received their order.
Orders that have not been accepted or fulfilled by the seller will be fully refunded.
Bake Friend provides limited methods of delivery of food which are either food must be collected by the buyer at the seller’s registered address on the App, or that the seller must drop off the food to the buyer’s address. Any other method of delivery, including the use of third party delivery services, is strictly forbidden.
By agreeing to these Terms and Conditions, you agree to be opted into Bake Friend’s marketing campaign. You may opt out of this any time by choosing the “unsubscribe” link in marketing emails.
Intellectual Property Rights
It is strictly forbidden to replicate any part of the Bake Friend App including User Interface design, the name, the code, the back-end model, and the idea of a transaction-based application between Users.
Users who have been found to misuse and abuse their accounts will be permanently banned. Bake Friend has the right to terminate any User’s account in their absolute discretion. Sellers undergo verification checks to prove authenticity. Any sellers that do not comply with Bake Friend’s verification checks will not be listed.
Users found to be soliciting illegal activity via the App will be permanently banned and may be reported to the relevant authorities.
Our Apps are currently available to download from the following countries:
Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Germany, Gibraltar*, Greece, Hong Kong, Hungary, Ireland, Italy, Latvia, Liechtenstein*, Lithuania, Luxembourg, Malta, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, Thailand, United Kingdom, United States
*(Google Play Store Only)
8th February 2024