TERMS & CONDITIONS

GENERAL
- In these Terms:
  - BDNZ means Bakers Delight (NZ) Limited (9429038422706) and its Related Companies, officers, employees, agents and contractors;
  - Bakery means a Bakers Delight bakery owned and operated by BDNZ or a Franchisee;
  - Business Day means a day, which is not Saturday, Sunday or a public holiday;
  - Collection Bakery means the Bakery from which your Order is to be collected if you have specified that you wish to collect your Order;
  - Collection Day means the date you specify when placing an Order on the Online Ordering System as the date you intend to collect your Order;
  - Collection Time means the time slot you specify when placing an Order on the Online Ordering System as the time you intend to collect your Order, which must be during the Collection Bakery’s hours of operation;
  - Combo means a combination of different products or multiples of the same product available from a Bakery which are packaged together as a Combo;
  - Content means all content included in or on the Services (including, but not limited to, text, design, graphics, photos, images, sounds, music, videos, and code and any arrangement of those things) which is owned by BDNZ or licensed to BDH;
  - Delivery Bakery means the Bakery which will deliver your Order if you have requested delivery of your Order;
  - Delivery Day means the date you specify when placing an Order on the Online Ordering System as the date you wish your Order to be delivered, which cannot be the same day that the Order is submitted and must be a day that the Delivery Bakery delivers products;
  - Delivery Time means the time slot you specify when placing an Order on the Online Ordering System as the time slot you wish your Order to be delivered;
  - Franchisee means a franchisee appointed by BDNZ to operate a Bakery;
  - Material includes any written works, data, photos, images, sounds, music, audio files, videos, text and other communications which you transmit or post to the Services;
  - Online Ordering Account means the user account that may be set up by you to use the Online Ordering System;
  - Online Ordering System means the BDNZ online ordering system for the placement of Orders for products from Participating Bakeries available at [insert link] or any application made available by BDH;
  - Order means an order for the supply of products by a Participating Bakery which is submitted via the Online Ordering System;
  - Participating Bakeries means Bakeries that participate in the Online Ordering System in the country in which you registered for the Online Ordering System.
  - Privacy Policy means the Bakers Delight Privacy Policy at https://www.bakersdelight.co.nz/privacy-policy/;
  - Related Company has the same meaning as in the Companies Act 1993;
  - Services means the Website and associated applications, platforms and media channels which are owned or operated by BDH, including the Online Ordering System;
  - Terms means these terms and conditions of use;
  - Trade Marks means the brand names, trade marks and logos displayed on the Services which are owned by BDNZ or licensed to BDNZ;
  - Website means this website at https://www.bakersdelight.co.nz/ or any other website used by BDNZ or its Franchisees which are owned or operated by BDNZ; and
  - Wholesale Customer means a customer who intends to:
    - use any products purchased from a Bakery in other products that are on-sold to consumers; or
    - on-sell any products purchased from a Bakery to consumers in their existing finished state.
  - These Terms apply to your use, for whatever purpose, of the Services and to the entire Content in or on the Services.
  - Please read the Terms carefully before using any of the Services.
  - By accessing or using any part of the Services, including by downloading, accessing or using any application, platforms and media channels, you will be deemed to have accepted these Terms in full, and they will constitute a legally binding contract between BDNZ and you. Accordingly, if you do not agree with all or any part of these Terms you should not use the Services.
  - BDNZ may amend these Terms from time to time for legal, practical or improvement purposes. Each time you use the Services it is your responsibility to review these Terms and inform yourself of any amendments made. If you access or use any part of the Services after any amendments are published, you are taken to have agreed to those amendments.

USE OF SERVICES AND PURPOSE
- BDNZ grant you a non-exclusive licence to use the Services, subject to these Terms. BDNZ may terminate this licence at any time for any reason and without prior notice to you.
- The purpose of the Services is to provide information to you about BDNZ, including:
  - products and services available at Bakeries;
  - prices of products and services available at Bakeries;
  - the location of Bakeries;
  - BDNZ’s other applications, platforms and media channels;
  - online ordering for products; and/or
  - competitions and promotions.
- The Contents of the Services are intended to provide general information only and are not to be relied on by you, or for any particular purpose.
- You agree that the information, details and descriptions set out on the Services, including the products, services, prices and Bakeries may change from time to time and you will be bound by these changes from the date the changes are published on the Services.
- In using the Services, you warrant that you are either aged 18 years or over or possess legal parental or guardian consent and that you are fully able to enter into and abide by and comply with these Terms.
- You agree that you are solely responsible for having the infrastructure and services (including hardware, software and internet connectivity) to access the Services and you assume full responsibility for any costs or charges that you incur as a result of using the Services, including any additional mobile data or other internet user charges.
- Some of the Services and other services and programs made available by BDNZ from time to time may have specific terms and conditions which will apply to them in addition to these Terms. For instance, specific terms and conditions, set out below or in any other document apply to the Online Ordering System, including Orders for collection or delivery, fundraising, school lunches and catering.
- If you wish to participate in a promotion or competition conducted by BDNZ you will be required to accept and will be bound by the terms and conditions relevant to the particular promotion or competition, which terms and conditions will apply in addition to these Terms.
INTELLECTUAL PROPERTY
- You acknowledge that intellectual property associated with the brand Bakers Delight included in or on the Services is owned by BDNZ or licensed to BDNZ and is protected by copyright, trademark, and other laws in Australia, New Zealand and various other countries. The intellectual property includes:
  - the Content; and
  - the Trade Marks.
- The intellectual property is provided to you for your information. BDNZ does not grant you any express or implied right to use, copy, reproduce, republish, modify, create derivative works from, store in or on any public or private electronic retrieval system, upload, post, communicate, transmit or distribute in any way any of the Content, the Trade Marks or any other intellectual property. In the event that you copy any of the intellectual property including the Content and the Trade Marks, you acknowledge that your actions will be a breach of these Terms and BDNZ reserves all of its legal rights and remedies.
AVAILABILITY AND ACCESS
- BDNZ does not guarantee that the Services will be available 24 hours a day 7 days a week.
- Access to the Services may be suspended temporarily and without notice to you in the case of a system failure, required maintenance or repair or for reasons beyond BDH’s control.
- BDNZ is not liable if for any reason the Services or any part of the Services are unavailable at any time or for any period due to maintenance, whether planned or unplanned, or for any other reason.
CHANGES TO THE SERVICES
- BDNZ reserves the exclusive right to at any time:
  - change, add or delete the design and Content of the Services; or
  - discontinue publishing any of the information published on the Services, including its products, services and/or, prices on a temporary, permanent or indefinite basis; or
  - suspend or stop any Service, or any part of it.
- You agree that BDNZ is not required to give you prior notice in exercising these rights and in the event of this occurring, you are not entitled to make any claims for compensation, damages or any other type.
YOUR MATERIAL AND CONDUCT
- Other than your personal information, which is covered by the Privacy Policy referred to below, any Material you transmit or post to the Services will be taken to be non-confidential and non-proprietary.
- You warrant as follows in respect of the Material you transmit or post to the Services:
  - the Material is an original creation, or you own or have the right to use the Material;
  - the Material is not misleading or deceptive;
  - the Material does not infringe the rights of any third party; and
  - the Material is not threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence or in breach of privacy laws.
- In respect of the Material you transmit or post to the Services:
  - you assign your intellectual property rights in the material to BDNZ; and
  - you agree BDNZ and its Franchisees and their officers, employees agents and contractors will be free to copy, disclose, distribute, incorporate and otherwise use the Material for any commercial or non-commercial purposes, including featuring the Material on the Services and in any other advertising, print material or other media release, with or without publishing your name and without being required to make any payment to you; and
  - BDNZ may, at any time, remove any Material you transmit or post to the Services, without prior notice to you, and in its sole discretion.
- BDNZ does not endorse any of the Materials or any statements or opinions contained in the Materials.
- You are prohibited from posting or transmitting to or from the Services anything:
  - that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy laws or which may cause annoyance to, or inconvenience for, BDNZ or any other person; or
  - for which you have not obtained all necessary licences and/or approvals; or
  - which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of, or infringe the rights of any third party in, any country in the world; or
  - which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
- It is BDH’s policy to co-operate fully with any law enforcement authorities or court order requesting or directing BDNZ to disclose the identity or locate anyone transmitting or posting anything, including Material in breach of this clause 6 or any law.
- You cannot make a claim against BDNZ and/or its Franchisees and their officers, employees, agents and contractors for such use of the Material by BDNZ and/or its Franchisees and their officers, employees, agents and contractors for any commercial or non-commercial purposes.
- You are liable for any claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to legal fees on a full indemnity basis) arising from or in connection with a breach of this clause 6 by you and you agree to indemnify and hold harmless BDNZ and its Franchisees and their officers, employees agents and contractors, from and against such claims, damages, obligations, losses, liabilities, costs or debt and expenses.
- You may not misuse or interfere with the Services, including the Online Ordering System (including, without limitation, by hacking).
COOKIES
- A “cookie” is a small text file placed on your computer by a web server when you access a website. The cookie identifies the computer being used, but not individual user. Like many other Services, the Services uses cookies to make a record of your visit to the Services, and will record the following information:
  - your server address;
  - your top level domain name;
  - the date and time of access to the Services;
  - the pages accessed and documents downloaded;
  - the previous web site visited; and
  - the type of browser software in use.
- BDNZ use this information for various purposes, including statistical purposes, but in each case, the information collected cannot be used to identify you personally.
- You may be able to disable cookies on your web browser, but doing so may limit your ability to use the Services fully.
ONLINE ORDERING SYSTEM
- You acknowledge that the Online Ordering System is hosted and administered by a third party provider and not by BDNZ and that a third party payment gateway provider is used by BDNZ and its Franchisees to process payments made through the Online Ordering System.
- You will be deemed to accept these Terms when you submit an Order through the Online Ordering System.
- Without limiting clause 1, BDNZ may amend the provisions of these Terms that relate to the Online Ordering System from time to time. In the event that BDNZ amends the Terms relating to the Online Ordering System, it will advise you in writing and also publish the amended terms of the Online Ordering System on the Website and these terms shall apply immediately. Each time you use the Online Ordering System it is your responsibility to review these Terms and inform yourself of any amendments made. The amended Terms will apply from the next Order you submit through the Online Ordering System. By placing an Order through the Online Ordering System you agree to the amended Terms.
- BDNZ does not guarantee that the Online Ordering System will be available 24 hours a day 7 days a week and will be free from errors, viruses or other harmful components. BDNZ will not be liable if the Online Ordering System is unavailable at any time due to maintenance, whether planned or unplanned, or for any other reason.
- BDNZ may suspend or terminate the Online Ordering System at any time for any reason and without prior notice.
USE OF THE ONLINE ORDERING SYSTEM
- You may use the Online Ordering System either as a guest or by creating an Online Ordering Account on the Website or any other application or platform BDNZ provides by clicking on the registration link and following the prompts.
- You acknowledge you will be required to provide personal information, including your full name, delivery address, mobile phone number, email address and payment information.
- You will have the ability to opt in and out of receiving email communications from BDNZ and its Franchisees.
- You must be aged 18 years or over or otherwise be under the supervision of a parent or guardian in order to access, use and submit an Order through the Online Ordering System.
- BDNZ may request you provide proof of identity to confirm your personal information.
- Within your Online Ordering Account you can update your personal information, select your preferred Bakery, save your preferred delivery address and view past and upcoming Orders. You will also be able to delete your Online Ordering Account.
- In using the Online Ordering System:
  - you warrant that all personal information you provide to BDNZ is true and correct;
  - you accept full responsibility for maintaining and keeping up to date all your Online Ordering Account details, including your personal information and payment information. You accept that in the event these details are not up to date you may not be able to use the Online Ordering System and place Orders until such time as you update your information;
  - you accept full responsibility for maintaining the confidentiality of your Online Ordering Account details, including your personal information, password details and payment information and for logging out of your Online Ordering Account after use and especially when using a shared device, another person’s device or a public computer;
  - you assume full responsibility for all your activities whilst using the Online Ordering System and for any costs or charges that you incur as a result of using the Online Ordering System, including any additional mobile data or other internet user charges; and
  - you agree to notify BDNZ immediately of any unauthorised use of your Online Ordering Account.
- You are permitted to use the Online Ordering System to order products for your own personal use. You are not permitted to resell or resupply any products ordered through the Online Ordering System to a third party without BDH’s prior consent.
- The Online Ordering System may also be used for fundraising, school lunches and catering orders, subject to the specific terms and conditions set out below in these Terms.
- BDNZ reserves the right to:
  - refuse to set up an Online Ordering Account if the log in details are the same or similar to an existing Online Ordering Account or the log in details provided are obscene, indecent, offensive, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy laws or contain brand names, trade marks of the names of high profile people.
  - suspend or terminate your access to the Online Ordering System, in BDH’s sole discretion and without prior notice to you, if:
    - BDNZ reasonably suspects you are reselling or resupplying any products ordered through the Online Ordering System to a third party;
    - BDNZ reasonably believes that your password or Online Ordering Account has been compromised; or
    - BDNZ reasonably believes that you have breached these Terms.

ONLINE ORDERING SYSTEM ORDERS
- You acknowledge and agree that:
  - each Order submitted by you is treated as an express offer to purchase the products specified in your Order;
  - you enter into a separate and binding agreement with:
    - the individual Franchisee with respect to products ordered from a Bakery owned by a Franchisee in accordance with these Terms;
    - BDNZ with respect to products ordered from a Bakery owned by BDNZ in accordance with these Terms.
  - Where products are supplied by a Bakery owned by a Franchisee:
    - BDNZ merely acts as an agent of the Franchisee of the Bakery from which the products will be provided.
    - the Franchisee will be responsible for supplying the products and BDNZ accepts no responsibility and make no warranties or representations regarding the products provided by the Franchisee.
  - The Online Ordering System will allow you to order products from Participating Bakeries:
    - for collection; and
    - for delivery.
  - To place an Order via the Online Ordering System you will be required to specify the following:
    - the type and quantity of products you wish to order;
    - if you wish to collect your Order:
      - the Collection Bakery; and
      - the Collection Day and the Collection Time;
    - if wish to have your Order delivered and delivery is available in your area:
      - the delivery address;
      - the Delivery Day;
      - the Delivery Time on the Delivery Day;
      - whether the Order is to be left in a safe location at the delivery address or returned to the Delivery Bakery if you are not at the delivery address at the time of delivery;
    - your payment information; and
    - any other details BDNZ may require to complete your Order.
  - You must check the products available for collection or delivery before placing your Order and also check the details of your Order and correct any errors before submitting your Order through the Online Ordering System.
  - You will receive a confirmation of your Order once submitted which will specify:
    - the products ordered; and
    - where you have indicated you wish to collect your Order, the Collection Bakery and Collection Time; or
    - where you have indicated you wish to have your Order delivered, the Delivery Bakery, Delivery Day and Delivery Time.
  - Maximum quantities apply to products ordered through the Online Ordering System for collection or delivery. If the quantity of products you wish to Order exceeds the maximum quantities you must instead place a catering Order and the provisions of clause 17 shall apply.
  - You acknowledge and agree:
    - not all the products on the Bakers Delight menu are available for collection or delivery. The products available for collection and delivery will vary from Bakery to Bakery; and
    - the hours of operation and the collection times of Participating Bakeries will vary from Bakery to Bakery and from time to time; and
    - delivery days and delivery times of Participating Bakeries will vary from Bakery to Bakery and from time to time.
  - In relation to Orders for collection, same day Orders are only available for collection subject to the order cut off times specified by the Collection Bakery. If a product in a same day Order is not available the provisions of clause 12 will apply.
  - In relation to Orders for delivery:
    - Orders cannot be delivered to post office boxes or postal lockers;
    - delivery areas are determined according to Participating Bakeries and Participating Bakeries and delivery areas may be amended from time to time.
    - BDNZ cannot guarantee you are within and will always remain within a delivery area;
    - the Delivery Bakery which fulfils your Order will be the Bakery that services the delivery area in which your delivery address is located and therefore, the Delivery Bakery may not be the Bakery closest to your delivery address;
    - delivery time slots are estimates only and may be affected by traffic, accidents, weather conditions and the volume of Orders. An exact delivery time is not guaranteed, delivery will be made any time within the Delivery Time specified in your Order confirmation; and
    - risk of loss and title for the products passes to you upon dispatch from the Bakery.
  - BDNZ reserves the right to refuse any Order for any reason.
  - BDNZ takes the utmost care to ensure that the names, descriptions, prices, nutritional information and allergenic warnings in respect of products published on the Services are accurate. Any queries in respect of any products should be directed to the Bakery directly or BDNZ’s team at info@bakersdelight.co.nz before you submit your Order. You are responsible for ensuring your Order is suitable for your dietary requirements, in particular any intolerances or allergies.

PRICES AND PAYMENT FOR ORDERS
- The prices for the products will be the prices published on the Online Ordering System at the time you submit your Order. The prices are expressed as inclusive of GST (where applicable) and in New Zealand dollars.
- The prices may vary from Bakery to Bakery.
- Orders for collection do not attract any additional processing fee.
- A delivery fee may apply to deliveries. The delivery fee will be as published on the Online Ordering System at the time you submit your Order.
- You must pay for your Order, including any delivery fee, through the Online Ordering System at the time of submitting your Order using an accepted credit card, debit card or other approved payment method available on the Online Ordering System. Payment will be debited from your account in the timeframe specified by your card provider and in accordance with the terms and conditions specified by your card provider.
- If your payment cannot be processed you will be notified and your Order will not be processed.
- BDNZ reserves the right to:
  - refuse an Order or change a price if the published price was incorrect due to a malfunction or interference with the Online Ordering System;
  - change the payment methods that can be used for Orders at any time in its absolute discretion.

CANCELLING OR CHANGING YOUR ORDER
- If you wish to cancel your Order after the Order has been submitted through the Online Ordering System and payment processed you may do so on the Online Ordering System, for a full refund, provided the cancellation is requested by no later than 24 hours before the start of the Collection Time or the start of Delivery Time specified in your Order (as the case may be).
- If you wish to cancel or change your Order after the Order has been submitted through the Online Ordering System and payment processed and within 24 hours before the start of the Collection Time or the start of the Delivery Time specified in your Order (as the case may be) you must:
  - telephone or attend the Bakery directly; and
  - request the cancellation or change.
- A Bakery may, in its absolute discretion, accept or reject your request for a cancellation or change of an Order and a refund where the request is made within 24 hours prior to the Collection Time or Delivery Time specified in your Order (as the case may be).
- If your request for a cancellation or change of an Order is accepted and if you are entitled to a refund this will be processed by the Bakery within a reasonable time.
- No cancellations will be accepted for same day Orders and you will not be entitled to any refund.
- If, due to unforeseen circumstances, the Bakery is unable to fulfil your Order, or if a product is no longer available, the Bakery will contact you before the Collection Time or Delivery Time specified in your Order (as the case may be) to:
  - replace the unavailable item with as similar item of equivalent value;
  - provide a refund of the price of the unavailable item;
  - cancel the entire Order and provide a full refund; or
  - provide another form of compensation that is appropriate in the Bakery’s reasonable opinion.
- If there are any issues with your Order you may contact the Bakery directly or BDNZ’s Team at info@bakersdelight.co.nz
- The Franchisee or BDNZ’s Team (as the case may be) will review your communication and contact you a soon as possible with a proposed resolution.
COLLECTING YOUR ORDER
- If you have placed an Order for collection you must collect your Order at the Collection Bakery within the selected Collection Time.
- To collect your Order you will be required to provide your Order confirmation and if requested, proof of identity.
- The Collection Bakery will use its best endeavours to have your Order ready at the Collection Time.
- The products are perishable products and have a limited shelf life, accordingly, if you do not collect your Order from:
  - the Collection Bakery by close of business on the Collection Day; or
  - the Delivery Bakery by the close of business on the Delivery Day in circumstances where your Order has been returned to the Delivery Bakery because you were not at the delivery address at the time of delivery, the products will be discarded at the end of that day and you will not be able to collect the products on another day and no refund will be provided to you.

PRODUCT ISSUES
- You should inspect the products immediately upon collection or receipt of delivery and if any of the products are damaged or faulty, or if there is a shortfall or error in your Order when initially collected or received by you, you must contact the Bakery directly or BDNZ’s Team at info@bakersdelight.co.nz within 48 hours of you collecting or receiving the Order.
- The Franchisee BDNZ’s Team (as the case may be) will review your communication and contact you a soon as possible with a proposed resolution.
FUNDRAISING
- BDNZ has established a fundraising program to time enable eligible organisations, such as community groups, charities and schools and educational institutions to order products through the Online Ordering System for fundraising purposes (the Fundraising Program).
- There are two fundraising options under the Fundraising Program:
  - A direct fundraiser, where a bulk Order may be placed for products for a specific fundraising event; and
  - An organised fundraiser, where a unique URL will be established for the fundraiser to be shared with members of the organisation so that such members may place and pay for individual Orders for the fundraiser.
- You acknowledge and agree that not all Bakeries participate in the Fundraising Program.
- Only certain products on the Bakers Delight menu are available for fundraisers, such products are specified in the Fundraising section on the Online Ordering System and may vary from time to time.
- Minimum Order quantities, as specified on the Online Ordering System, apply to every Order and Orders for fundraisers are only available for collection.
- If an organisation wishes to conduct a direct fundraiser, the Order must be placed through the Online Ordering System and must specify:
  - the type and quantity of products required;
  - the Collection Bakery;
  - the preferred Collection Day and Collection Time, which must be at least 3 days after the date the Order is placed and which must be during the Collection Bakery’s hours of operation;
  - your payment information; and
  - any other details BDNZ may require to complete your Order.
- You will receive a confirmation of your Order once submitted which will specify:
  - the products ordered; and
  - the Collection Bakery and the Collection Day and the Collection Time.
- An Order must be collected from the Collection Bakery on the Collection Day and within the Collection Time specified in the Order confirmation and a copy of the Order confirmation and proof of identity may be requested.
- The Collection Bakery will use best endeavours to have an Order ready at the Collection Time specified in the Order confirmation.
- If an organisation wishes to conduct an organised fundraiser:
  - application must be made by completing the Organised Fundraiser Application Form on the Online Ordering System specifying:
    - details of the organisation and the purpose of the fundraiser;
    - fundraiser contact person and job title (the Fundraising Organiser);
    - the Collection Day and Collection Time, which must be at least 10 days after the submission of the Organised Fundraiser Application Form;
    - the products required for the fundraiser; and
    - how members of the organisation can collect products from the Fundraising Organiser.
  - the Fundraising Organiser will be advised within 2 Business Days of receipt of the application form of whether the application and the Collection Day and Collection Time is approved. An alternative collection date and time may be specified by the Collection Bakery dependant on other fundraisers (Fundraiser Collection Time).
  - if the fundraiser application is approved BDNZ will establish a unique URL to be shared with members of the organisation so that such members may place and pay for Orders for the fundraiser. Orders will close at 11:59 p.m. 3 days prior to the approved Collection Day (Fundraiser Closing Time).
  - if the Minimum Order quantities are achieved, payment will be processed at the Fundraiser Closing Time for all Orders placed under the fundraiser.
  - If the Minimum Order quantities are not achieved, all Orders placed under the fundraiser will be cancelled and no payments will be processed.
  - An Order must be collected from the Collection Bakery at the Fundraiser Collection Time and a copy of the Order confirmation and proof of identity may be requested by the Bakery on collection.
  - The Collection Bakery will use best endeavours to have an Order ready at the Fundraiser Collection Time.
  - It is the responsibility of the Fundraising Organiser to ensure products are delivered to the members of the organisation upon collection of the Order.

SCHOOL LUNCHES
- BDNZ has established a school lunches program to enable schools and educational institutions to order products through the Online Ordering System for school lunches (School Lunches Program).
- You acknowledge and agree that a select range of products on the Bakers Delight menu are available under the School Lunches Program, such products are specified in the School Lunches section on the Online Ordering System and may vary from time to time.
- You acknowledge and agree that not all Bakeries participate in the School Lunches Program.
- If a school or educational institution (School) wishes to participate in the School Lunches Program application for registration must be made by completing the School Lunches Application Form on the Online Ordering System specifying:
  - details of the School, including school name and school address;
  - School contact person and job title (School Organiser); and
  - the preferred delivery day or days each week.
- The School Organiser will be advised within 2 Business Days of the receipt of the application form of:
  - whether the application is approved and whether the School will be registered for the School Lunches Program; and
  - the approved delivery days (School Lunch Days).
- Staff, parents and guardians of a child/children enrolled at the School will be able to order products for delivery direct to the School on the School Lunch Days by clicking on the registration link for the School and setting up an Online Ordering Account on the Website or any other application or platform BDNZ provides and following the prompts. Parents and guardians will be able to register their child/children to the School and place Orders by logging into their Online Ordering Account, clicking on the School and their child/children and specifying the following:
  - the type and quantity of products required;
  - the School Lunch Day the products are required, noting same day Orders are not available; and
  - your payment information.
- Orders must be placed on the Online Ordering System within the specified cut off times for the Bakery as set out on the Online Ordering System.
- Reoccurring Orders and advance Orders may be placed, with advance Orders able to be placed up to 4 weeks in advance. Payment for advance and reoccurring Orders will be processed at 6:00p.m. on the evening before the selected School Lunch Day.
- You will receive a confirmation of your Order once submitted, which will specify the products ordered and the School Lunch Day.
- If you wish to cancel your Order after the Order has been submitted through the Online Ordering System and payment processed you may do so on the Online Ordering System for a full refund within the specified cut off times for the Bakery set out on the Online Ordering System. You may order additional products by placing a further Order on the Online Ordering System.
- Cancellations and changes to Orders cannot be made after the specified cut off times for the Bakery as set out on the Online Ordering System.
- Nutritional information and allergenic warnings in respect of products is published on the Website. Any queries in respect of any products should be directed to the Bakery directly or BDNZ’s Team at info@bakersdelight.co.nz before you submit your Order. Parents and guardians are responsible for ensuring Orders are suitable for their child’s/children’s dietary requirements, in particular any intolerances or allergies.
CATERING
- BDNZ also offers catering through the Online Ordering System.
- The provisions of clauses 10 to 14 above shall apply to catering Orders, for collection or delivery, except:
  - catering Orders must be placed with a minimum of 3 days prior notice;
  - not all the products on the Bakers Delight menu are available for catering Orders – the products available for catering Orders are specified on the Online Ordering System and will vary from Bakery to Bakery;
  - minimum quantities for products may be specified by each Participating Bakery and may vary from Bakery to Bakery; and
  - if you wish to cancel your catering Order after the Order has been submitted through the Online Ordering System and payment processed you may do so on the Online Ordering System, for a full refund, provided the cancellation is requested by no later than 3 days before the start of the Collection Time or the start of Delivery Time specified in your Order confirmation (as the case may be).
- If the quantity of products you wish to Order exceeds the maximum quantities for products specified in the Online Ordering System you must instead place a catering Order on the Online Ordering System which will require a minimum of 3 days prior notice.
DISCLAIMER
- While BDNZ tries to ensure that the information BDNZ posts on the Services, including prices, product names, product descriptions, nutritional information and food allergen warnings, are correct, BDNZ does not warrant the accuracy, currency, completeness or usefulness of that information. You agree any nutritional advice on the Services is not intended to, and does not, constitute professional advice.
- BDNZ does not guarantee that the Services will be free from errors, viruses or other harmful components.
LIMITATION OF LIABILITY
- You expressly agree that use of the Services, in particular the Online Ordering System, is at your sole risk.
- BDNZ and its Franchisees, exclude all warranties and guarantees in connection with the Services, in particular the Online Ordering System, or your use of them. For the avoidance of doubt, this exclusion includes an exclusion of all conditions and warranties implied by custom, the general law or statute, except for any warranties or guarantees which may not be excluded by force of legislative provision.
- To the extent permitted by law, BDNZ and its Franchisees are not liable to you for any loss, claim cost, expense, damages or liability, including but not limited to loss of data, loss of profits, loss of goodwill or any other direct, indirect, special or consequential loss or damage, suffered or incurred by you or any other person as a result of or arising from:
  - your use or access, inability to use or access or the results of use or access to the Services or of any services linked to the Services or the Content or Material on such Services;
  - your use of or inability to use or the failure of the Online Ordering System, including errors made by you in ordering products, delays in you collecting products or delays or loss in the delivery of products caused by, or in any way connected with, any cause outside of the reasonable control of BDH, and/or its Franchisees, including but not limited to delays due to traffic, accidents or weather conditions, strikes, industrial disputes, terrorism, riot, fire, storm and other acts of God, communications or network failures;
  - viruses that may infect your computer equipment, software, data or other property on account of your use of, access to or browsing of the Services or the Online Ordering System or any linked services, or your downloading of any Content or Material from the Services or the Online Ordering System or any linked services; and/or
- In relation to any product or service purchased as a consequence of your use of the Services or the Online Ordering System, the liability of BDNZ and its Franchisees under any guarantee or warranty implied or stipulated by legislative provision which may not be excluded but which may be limited in any of the following ways, is limited to:
  - in the case of products or services supplied, where the failure is a major failure:
    - the refund of the price paid by you for products or services; or
    - the replacement of the products; or
    - compensation for the reduced value of the products or services;
  - in the case of products or services supplied, where the failure is a minor failure (at the option of BDNZ or the Franchisee):
    - the refund of the price paid by you for the products or services; or
    - the replacement of the products or services; or
    - the re-supply by BDNZ or the Franchisee of the products or services.
  - These Terms will not be construed as excluding, qualifying or limiting your statutory rights or remedies.

RELEASE AND INDEMNITY

You:

release and discharge BDNZ and its Franchisees from any and all claims, actions, disputes, demands, proceedings, accounts, interest, costs (whether or not the subject of a court order), expenses and liabilities of whatever nature and however arising which you may now have or at any time thereafter might have or, but for these Terms, might have had against BDNZ or its Franchisees arising out of or in any way connected with or incidental to the use or misuse of the Services or the Online Ordering System;
covenant in favour of BDNZ and Franchisees not to bring or pursue, procure that a third party bring or pursue, provide financial support for or otherwise support any claim, action, dispute, demand or proceeding in any court or tribunal in respect of any matter which is the subject of a release under clause 20; and
irrevocably indemnify and hold harmless BDNZ and its Franchisees, from and against any and all claims, liabilities, losses, costs and expenses (including but not limited to legal fees on a full indemnity basis) arising out of or in any way connected with or incidental to:
- the use or misuse of or access to the Services or the Online Ordering System by you or your officers, employees, agents or contractors or the use or misuse of or access to the Services or the Online Ordering System authorised, enabled or facilitated by you or your officers, employees, agents or contractors; and
- any breach of any of these Terms by you.

LINKS
- Links to third party websites, applications, platforms and media channels (third party platforms) on the Services are provided solely for your convenience. If you use these links, you leave the Services and you will be bound by the terms and conditions applicable to the third party platforms. BDNZ has not reviewed all of these third party platforms and does not control, and is not responsible for these third party platforms or their content or availability. BDH, therefore, does not endorse or make any representations about them or any content found there or any results that may be obtained from using them. If you decide to access any of the third party platforms you do so entirely at your own risk.
- You may not create links to the Services or the Online Ordering System without BDNZ’s prior written consent.
CONFLICTS WITH OTHER PARTS OF SERVICES
- If there is any inconsistency or conflict between any of these Terms and anything stated in any part of the Services or on the Online Ordering System, unless expressly stated otherwise, these Terms prevail to the extent of the inconsistency or conflict.

UNENFORCEABLE TERMS
- If any provision of these Terms is held by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the balance of these Terms.

GOVERNING LAW AND JURISDICTION
- These Terms are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New Zealand, and any court that may hear appeals from any of those courts. You irrevocably waive any right you might have to claim that those courts are an inconvenient forum and any objection to the venue of any proceedings on the ground that they have been brought in an inconvenient forum.

PRIVACY
- Your use of the Services and/or the Online Ordering System may require you to submit personal information. The personal information that BDNZ collects and uses may include your name, address, mobile phone number, email address, date of birth and payment information. Without the requested personal information, BDNZ may be unable to provide the products or services requested by you.
- You acknowledge that your payment information is not collected or stored by BDNZ but rather by the third party payment gateway provider used by BDNZ and its Franchisees to process orders placed through the Online Ordering System. Whilst BDNZ has taken reasonable steps to ensure the third party payment gateway provider will comply with privacy laws, BDNZ and its Franchisees cannot provide a guarantee with respect to the security of your payment information and to the extent permitted by law, BDNZ and its Franchisees are not liable to you for any loss, claim, cost, expense, damages or liability, including but not limited to loss of data, loss of profits, loss of goodwill or any other direct, indirect, special or consequential loss or damage, suffered or incurred by you or any other person as a result of or arising from any breach of security or unintended loss or disclosure of your payment information.
- The Privacy Policy forms part of these Terms and applies to all personal information submitted by you.
- Unless BDNZ notifies you otherwise, BDNZ does not actively disclose your personal information overseas. Further information relating to the programs or websites being used and the countries to which your personal information may be disclosed, is contained in the Privacy Policy.
- By using the Services and/or the Online Ordering System and providing BDNZ with your personal information, you agree to the Privacy Policy and consent to BDNZ collecting, using, disclosing, processing, and storing your personal information in accordance with the Privacy Policy.
- If you consent to disclosure of your personal information as described above, BDNZ is not required to take reasonable steps to ensure that programs do not breach the New Zealand Information Privacy Principles (IPPs) in relation to the disclosed information, BDNZ will not be liable under the Privacy Act 1993 or any amending legislation and you will not be able to seek redress under the Privacy Act 1993 or any amending legislation. Such entities may not be subject to any privacy obligations in their own country that are similar to the IPPs, you may not be able to seek redress in the overseas jurisdiction and the overseas recipient could be subject to foreign laws that compel disclosure to third parties, such as overseas authorities. Having been informed of the possibility that such disclosures may occur, you consent to that disclosure.
- The Privacy Policy also contains information about how you may access or seek correction of your personal information, how to file a complaint and how BDNZ will deal with your complaint.
- To view BDNZ’s full Privacy Policy, please click here https://www.bakersdelight.co.nz/privacy-policy/.

TERMS & CONDITIONS

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