Terms & Conditions | LRK Baking Academy Membership

Effective date: April 2022

 

Terms & Conditions Of Sale

Terms and Conditions of Sale for all memberships sold by Little River Kitchen (ABN 32 642 563 729) trading as Little River Kitchen on our website, www.littleriverkitchen.com.au (Website).

Please read these terms and conditions carefully as they apply to all transactions between us and can only be waived or varied in writing signed by us.

By proceeding with a purchase with us, you’re indicating to us that you’ve read, understood and agreed to enter into a binding agreement with us on these terms and conditions.

If you have any questions or concerns about our terms and conditions, Services or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us.

CONTACT US
E-mail – [email protected]

PAYMENT
You agree to pay us the purchase price for the Services listed on the Website.

Prices are listed in Australian dollars (AUD) and are inclusive of GST, unless otherwise stated on the Website.

The payment structure for all Services includes full-fee upfront payment, annual and monthly instalment options.

Please see our Website for further details or contact us for further information on our available payment options.

We currently accept payment via Stripe & PayPal and from time to time may offer other secure ways to pay through other third-party payment gateways or processors or electronic funds transfer into our nominated bank account. Please ask us for more information.

In making a payment, you warrant to us that you’ve read and agreed to the terms of any other third-party payment gateway or processor we use on the Website from time to time, which are available on their website. You understand that these services are provided by third parties and are made available to you on our Website for convenience only.

We are not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider, please contact them directly.

The amount of payment for access to LRK Baking Academy will never change for current members as long as your membership remains active and in good standing..

From time to time our membership price for LRK Baking Academy may rise. If you leave your current membership and wish to return at a later date, please note that the pricing plan may have increased.

If you fail to make a scheduled payment, or if any such payment is returned or denied for any reason, we may terminate this Agreement or suspend or cancel your access, at our absolute discretion, unless or until payment is received.
Due to the digital nature of our programs no refunds will be given for our membership programs.

LRK BAKING ACADEMY MEMBERSHIP OPTIONS

LRK Baking Academy is a membership program where payment grants you access to all classes, resources, videos and member benefits.
There are 3 payment options provided to join the membership.

Monthly Plan
Monthly access grants you access to all member benefits, resources, classes, and printable materials and is renewed by payment on a monthly basis; you're welcome to cancel your membership at any time, at which will point you will retain access until the next regular renewal date and your access to all online materials, resources, groups, and logins will be revoked thereafter.

By selecting the monthly plan, you agree to join LRK Baking Academy on a monthly payment basis.

Annual Plan
The Annual Plan is renewed annually on the same date each year and provides you with access to LRK Baking Academy for an entire calendar year.

You can cancel your membership before the end of the calendar year to avoid subsequent billing, and you will retain access until the next regular renewal date, after which your access to all online materials, resources, groups, and logins will be revoked.

By selecting the Annual Plan, you agree to join LRK Baking Academy on a yearly payment basis.
If you choose to cancel your annual plan, you will have access to the course materials and videos until the remainder of your paid term. We do not offer pro-rata refunds.

Lifetime Access
Lifetime Access is a one-time payment option that grants you access to all member benefits, resources, classes, and printable materials for the Lifetime of the membership.

If LRK Baking Academy is unable to continue to provide this service for any reason, members will be notified with the details to download all videos and resources to their own devices to keep.

ACCESS
Your membership is activated as soon as your membership request is approved and is granted for the purchased membership period.

It is the members responsibility to make use of the resources and benefits available to them for the duration of the active membership period.

No responsibility will be taken for lack of usage or participation.

Your login details must be kept secure and are not to be distributed, shared, given out, or made available in any other way or format to any other individuals or parties.

If you choose to cancel your membership to LRK Baking Academy all access to the Facebook group, Online Member Area, and any LRK Baking Academy member benefits will be removed after the current billing term has expired.

Your payment grants you complete access to LRK Baking Academy and all available resources, classes, video lessons, and all benefits received as a member from the date of joining and for as long as your account remains in good standing.

You are able to cancel your membership at any time prior to your next payment.
We do not cancel annual subscriptions early or offer pro-rata refunds.

Should there be a default on a payment, two attempts will be made to contact you to arrange your updated payment method.

Should you decline to update the payment method, decline to reply or contact us to arrange an alternative method of payment or let us know of any difficulty, your access to LRK Baking Academy, the member-only pages on the website, and the private Facebook group will be cancelled immediately.

GENERAL ACKNOWLEDGMENTS

The recipes, methods & teachings within LRK Baking Academy are for the exclusive use of members only and are covered by copyright, they are intended for personal use and are not to be copied, distributed, sold, or republished without my knowledge or prior consent.

Your log-in details are to be kept private and cannot be shared, copied, given, or sold to any other parties. Should we become aware of any breach of copyright or website access your access and ongoing use of resources of LRK Baking Academy will be denied immediately.

No refunds will be given for any unused portion of the membership.

We strive to provide the highest quality support possible, however success cannot be guaranteed with every recipe, method, or technique.

By purchasing an LRK Baking Academy Membership, you agree to the following conditions:

All materials and recipes provided are for personal use only.

Recipes, techniques and resources are not to be sold, given away, shared, reprinted, or distributed in any way, either physically or digitally, without prior permission from Little River Kitchen.

All membership bookings are non-refundable.

All content is provided on an as-is basis, and no claim is made that there are no errors or omissions that, if noticed, will be rectified immediately.

Little River Kitchen shares and provides recipes, printable materials, and methods in good faith to share knowledge and skill with other bakers; we cannot guarantee any results from taking part in our classes or using our recipes and suggestions.

Little River Kitchen will not be held liable and will be held harmless for any claim relating to the use of our recipes, printable, and video resources and as a result of taking part in any class, workshop, or through the community.

Little River Kitchen takes no responsibility if you forget to use your membership, and there are no refunds or extension periods granted for lack of use

LICENSE

As a purchaser of an online course, we grant you a worldwide, non-exclusive, royalty-free, revocable license to access the course and all associated intellectual property in accordance with these terms, copy and store the online course content contained therein in your device's cache memory and to print pages from the online course for your own personal and non-commercial use.

We don’t grant you any other rights whatsoever in relation to the Website or the online course. Specifically, you are prohibited from re-using the content contained in the online course for commercial use.

Little River Kitchen can revoke this license immediately and without notice if you use the content other than in accordance with this license.

CONDUCT

You agree to follow our rules for participation in the services. You understand and agree that you must treat our members with respect and to refrain from conduct which is otherwise illegal, discriminatory, harassing, threatening, sexist, defamatory, vilifying, bullying, trolling, misleading or deceptive.

Failure to comply with this clause amounts to a breach of this Agreement and Adelaide Bakes may suspend or limit your access to the Services or terminate this Agreement.

 

RISK

Risk in the Services supplied under this Agreement passes to you once the Services are made available to you; that is, once the email with your login details has been delivered

EVENTS BEYOND CONTROL

Little River Kitchen will not be liable for any loss caused by any failure to observe the terms and conditions of this Agreement, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, other extreme weather event or natural disaster, riot, strike, act of war, terrorist attack, nuclear event, pandemic, epidemic, widespread contagion, quarantine restriction, critical infrastructure failure, severe disruption to virtual infrastructure, restriction or prohibition or any other action by any government or semi-government authority, or major injury or illness of key personnel. We may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.

ADVICE, INFORMATIONAL AND INSTRUCTIONAL VIDEOS
We may give you advice, recommendations, information, instruction or assistance in relation to the Services and in material provided to you through the Services, believing it to be accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability.

The information, advice and instruction we give are general in nature and is not intended to constitute or substitute for professional or medical advice. You should seek appropriate professional advice suitable for your personal circumstances if necessary.

We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our Website, unless otherwise required by law.

LINKED WEBSITES

In the Services, we may link to and from other websites that we think share our ethos and that we think you will find helpful. Those websites will have information collated and presented by third-party businesses, organisations and individuals. Please note that we may include these links for your convenience, however we don’t necessarily endorse or support the views, opinions, standards or information expressed on them. For your own safety, please make sure you check the protocols and standards of the linked websites before using them.

Of course, because the linked websites are run by third parties, we can’t warrant or represent that any of the information on them is up to date, complete or correct. While we do our best to make sure we link to reputable websites, we can’t accept responsibility or liability for any loss, damage, cost or expense you or anyone else might incur because you’ve used or relied on material on the linked websites, so please make sure you use caution and common sense while browsing online, especially if you’re making purchases.

AUSTRALIAN CONSUMER LAW

The Services come with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL).

Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.

Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, under s64A of the ACL to replacement of the Services or the cost of having the Services replaced, or such other remedy that we see fit.

We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL (for example, we are unable to exclude or limit liability for consequential loss arising out of a breach of a consumer guarantee).

DISCLAIMER AND LIMITATION OF LIABILITY

Except as set out above, to the maximum extent permitted by law, we exclude all terms, guarantees, warranties, representations or conditions which are not expressly stated in these terms and conditions.

Please note that we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee to which you are entitled under the ACL), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services, Website or these terms and conditions (including as a result of not being able to use or access the Services or Website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

We make the Services available to you, however you use the Services at your own risk. Everything in the Services is provided "as is" and "as available" – we don’t make any representations or warranties of any kind.

If for any reason you are not a consumer of Services for the purposes of the Australian Consumer Law, we exclude all liability to you, however arising, including by negligence.

REFUND POLICY

Refunds will only be provided in accordance with our obligations under Australian Consumer Law.

Due to the digital, non-retrievable nature of digital content, no refunds will be provided for membership to LRK Baking Academy.

 

INTELLECTUAL PROPERTY
All content in the Services and Website is subject to copyright and is protected by copyright under the laws of Australia and through international treaties. Unless we say otherwise, all rights (including copyright) in the Services and website (including text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us and are reserved by us.

You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this Agreement will remain our sole property and that nothing in this Agreement transfers any ownership in our intellectual property rights to you.

If you would like to share our website or social media content that’s freely available for re-use or is in the public domain, you are permitted to do so, as long as you attribute same to us and link back to our website. This includes images on our website and social media profiles, unless we explicitly cite a copyright notice indicating otherwise. If you’d like to share, re-publish or otherwise use our website or content in a way that you aren’t expressly authorised to do by these terms, please don’t hesitate to get in touch with us.

You are expressly prohibited from producing, publishing, or otherwise distributing any of the Intellectual Property (such as our course content), save as to any licence of the Intellectual Property or part thereof granted under this Agreement.

PROMOTION
You grant us permission to use and reproduce your name, business or trading name and logo (if applicable), photograph or likeness, including any trade marks, as well as evidence of services delivered and results achieved to promote our business.

If you do share images or videos (or any other depiction whatsoever) of our products on your social media (Posts), you provide to us your express and unconditional consent to share your Posts on our social media. We will of course provide appropriate attribution to you (through tagging you or other appropriate means) when reposting your Posts.

CONFIDENTIALITY
You acknowledge that you may have access to certain confidential information of Little River Kitchen, including (but not limited to) technical information and know how relating to the Services, the Website, and Business Name (Confidential Information). You agree to treat as confidential the Confidential Information and not use or disclose the Confidential Information during the term of this Agreement or thereafter, other than in connection with performing this Agreement or with our prior written consent.

In the event of a breach or threatened breach by you of this clause, you acknowledge we will be irreparably harmed, and monetary damages will be an insufficient remedy. Accordingly, you consent to the enforcement of this clause by means of temporary or permanent injunction and other appropriate legal or equitable relief in any competent court.

This clause survives the expiry or termination for any reason of this Agreement.

You agree the restrictions set out in this clause are reasonable and necessary to protect our goodwill and reasonable commercial interests.

RELATIONSHIP OF PARTIES

The relationship between the parties is that of independent contractors and nothing in this Agreement is to be construed as constituting an agency, partnership, joint venture, relationship of employee and employer or franchisor and franchisee or any other form of association between the parties.

DISPUTE RESOLUTION

If a dispute arises between the parties, the party claiming the dispute must not commence any court or arbitration proceedings (except where they seek urgent interlocutory relief) unless they have first complied with this clause.
The party must inform the other party in writing of the following:
the nature of the dispute;
the outcome they desire to resolve the dispute, and
the action they believe will settle the dispute.

On receipt of the notice by the other party, both parties will make every effort, without delay and in good faith, to resolve the dispute by mutual negotiation within fourteen (14) Business Days.

If the parties are unable to resolve the dispute in that time, the parties must agree on selection of a mediator (if the parties are unable to agree, they agree to request that the President of the Law Society of Your state or territory appoint a mediator) and will be equally liable for the fees and reasonable expenses of the mediator and the cost of the venue of the mediation (to be paid in advance). The parties must each pay their own costs associated with the mediation, which must be held in Capital City, Your state or territory.

The existence of a dispute or the commencement of proceedings does not affect the obligation of the parties to continue to perform their obligations under this Agreement.

This clause survives the termination of this Agreement.

INDEPENDENT LEGAL ADVICE
You can seek independent legal advice on these terms and contact us to negotiate changes or amendments to these conditions before proceeding with your order. If you don’t do so, we’ll take it that you’ve read, understood, and agreed to be bound by these conditions and that you consider the conditions fair and reasonable and not against public policy.

VARIATION
We may make permitted variations to these conditions at any time by updating this document and giving notice to you by posting a copy on the Website, or otherwise notifying you in writing. The variations will take effect immediately. Your continued access and use of the Services will indicate your acceptance of the variations.

Permitted variations will be limited to those reasonably required by us to protect our legitimate business interests and which do not seriously impact the benefit you receive under this Agreement.

SEVERANCE

If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the Agreement will remain in force.

ASSIGNMENT

The rights of each party under this Agreement are personal. You may only assign, charge, transfer or otherwise encumber or dispose of any of their rights under this Agreement with our prior written consent, which can only be withheld on reasonable grounds. We may assign, charge, transfer or otherwise encumber or dispose of any of their rights under this Agreement on giving you notice in writing.

ENTIRE AGREEMENT

The contents of this Agreement constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of this Agreement, whether orally or in writing.

WAIVER

A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.

TERM

This Agreement commences on the date that it is accepted by you and will remain in force until each party has fulfilled their obligations under this Agreement, unless terminated earlier in accordance with this Agreement or general law.

 

TERMINATION
We may terminate this Agreement at any time on thirty (30) days’ written notice to you. All disclaimers and limitations of liability will survive termination. Any accrued rights or remedies to which either party is entitled will not be affected.

JURISDICTION
These conditions will be governed by the laws of New South Wales. Should the dispute between you and Little River Kitchen require further action, you agree that the non-exclusive venue for resolving any dispute will be in the courts of New South Wales, Australia.

If you have any questions at all, please email me.
Contact me at [email protected]