Terms of Service

Welcome to www.thedoughco.com.au (‘Website’). This Website is operated by The Dough Co (TDC). Throughout this Terms of Service, the terms ‘we’, ‘us’ and ‘our’ refer to TDC. We offer this Website, including all information, tools and services available from this site to you, the user, upon the condition that you accept the Terms Of Service stated here.

By visiting our Website and/ or purchasing various products listed for sale on our Website (‘Products’), you engage in our ‘Service’ and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including, but not limited to, users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. 

Purchase Terms

In order to make a purchase from our website, certain personal information may be required to complete the purchase. This information is used to ensure the product gets delivered correctly to you. This information includes but is not limited to:

• Full name
• Email address
• Mailing address
• Phone number

In purchasing our Products, you agree to the payment of the purchase price listed on the Website for the Product (‘Purchase Price’).

Payment of the Purchase Price may be made through Square (the 'Payment Gateway Provider'). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Provider.

Your Obligations

As a user of our Website, you agree to only use our website for the purposes permitted by:

• these Terms of Service; and
• any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. 

Refunds and Exchanges

Because the Product is a perishable, TDC cannot accept refunds or exchanges. We cannot be held responsible for theft or damage to packages left outdoors resulting from delivery where no one is able to receive the package. If you have any issues with your order, please contact us immediately using our email team@thedoughco.com.au and we’ll do our best to help you.

Dropped goods will be photographed as proof of delivery. No responsibility can be taken for goods being taken by unintended parties. No replacement will be issued in this situation.

General Disclaimer

You acknowledge that TDC does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

TDC will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
- TDC 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), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website and any of the products of TDC, is at your own risk. Everything on the Website and the Products of TDC, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of TDC make any express or implied representation or warranty about its content or any Products referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
-  the accuracy, suitability or currency of any information on the Website or any of its content related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website or any of the Products;
- the content or operation in respect to links which are provided for the User's convenience;
- any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
- any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

Privacy
TDC takes your privacy seriously and any information provided through your use of the Website are subject to TDC’s Privacy Policy, which is available on the Website.

Linked Website

Our Website may contain links to Websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked Websites and have no control over or rights in those linked Websites.

Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and in all of the material (including all text, graphics, logos, audio and software) made available on this Website (‘Content’).

Your use of this Website, the platform and the Content does not grant or transfer any rights, title or interest to you in relation to this Website, platform or Content. However, we do grant you a licence to access the Website, the platform and to view the Content in accordance with the Terms and where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this Website, the platform or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution.

Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website, including but not limited to:

• any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other legal rights of individuals;
• using this Website to defame or libel us, our employees or other individuals;
• uploading files that contain viruses that may cause damage to the Website, our property, or the property of other individuals;
• posting reviews or transmitting to this Website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or which is otherwise detrimental to or in violation of our systems or a third party’s systems or network security.

If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice.

Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.

We reserve the right to restrict, suspend or terminate, at any time and without notice, your access to this Website, the platform or any Content, or restrict you from making an Order, and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Website and/or the information or materials contained on it, or as a result of the inaccessibility of this Website, loss or damage arising from any breach of our Website security including digital fraud or hacking and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date

You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement. 

Collection notice

We collect personal information about you in order to provide you with our services, respond to enquiries, process your registration and for purposes otherwise set out in our Privacy Policy.

We may disclose that information to third parties that help us deliver our services (including Merchants, technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you. We may also disclose your personal information to recipients that are located outside of Australia, developers and other third parties in order to assist with investigating issues.

Force Majeure

TDC will not be liable for any delay or failure to perform its obligations pursuant to these terms if caused by circumstances beyond its reasonable control. Including but not limited to:

• acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and any natural disaster;
• acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution; and

Governing Law and Jurisdiction

This Terms of Service is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

Severance

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

Joint and Several Liability

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

How you can contact us

If you have any queries about TDC, the content on our website or our services, you are able to submit such queries by contacting us at team@thedoughco.com.au

These Terms are governed by the laws in force in Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts.