Legal Disclaimer & Terms and Conditions

In this disclaimer and terms and conditions (Terms), “we”, “us” and “our” refers to Cake Baby Pty Ltd as trustee for the Means and Needs Trust (ABN 87 748 957 892). We maintain this website (Website).

The Website is available for you to access conditional on your acceptance of these Terms. By continuing to access the Website you are agreeing to these Terms. If you do not agree to these terms, you must not access the Website – but we can’t stop you, so really if you access this site, you agree to these terms.

The Website is made available solely for access in Australia and to users located in Australia.

  1. Modification of these Terms

We reserve the right to change these Terms from time to time. Your use of the Website following any change constitutes your agreement to the Terms as changed.

We are going to update these terms, that is the ever-changing way of business, so think each time you access this website you are agreeing to the terms of the website as they are contained on the site that day.

  1. Use of the Website – let’s play nice.

You may not use the Website:

  1. for any activities that breach any laws, infringe any party’s rights or breach any standards, content requirements or codes of any Government authority;
  2. to distribute through the Website any inappropriate communication, virus, harmful components or other disabling code in any form;
  3. in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website;
  4. to distribute any explicit, offensive, obscene, profane or inappropriate communication, as determined by us in our absolute discretion;
  5. in any manner which is or is likely to be invasive of a person’s privacy, harassment, cause distress or inconvenience to any person;
  6. to advertise or perform any commercial or other form of solicitation that is not authorised by us;
  7. to make unauthorised access or modifications to the Website; or
  8. in any manner or for any purpose which is contrary to these Terms.

This website is to conquer loneliness by sharing and help by practical ideas so please value those aims and use its contents in that spirit, play nice with others and not like 2. (a)-(h).

  1. Third Party Content – There is means and needs and then there is the rest of the world

The Website may contain information and materials from third parties, including advertisements, social media content and links to other websites, which are not under our control (Third Party Content). In relation to any Third Party Content which is on the Website, we:

  1. unless expressly stated otherwise, do not endorse or sponsor any Third Party Content or have any association with the operators of the Third Party Content; and
  2. are not responsible for the material contained in the Third Party Content, including without limitation, any material or link contained in the Third Party Content, or any changes or updates to the Third Party Content.

If there is any third party information that we endorse we won’t be shy about it, but we can’t be responsible for the future postings of the pop culture world and its unpredictable temperatures and proclivities.

  1. Disclaimers and limitation of liability

The use of the Website and all information and data provided on or through the Website is entirely at your own risk. You are responsible for all of your activity in connection with accessing and using the Website.

We do not warrant, guarantee or make any representation that:

  1. the Website, or the server that makes the Website available on the world wide web are free of software viruses, disabling code or other harmful components;
  2. the functions contained in any software contained on the Website will operate uninterrupted or are error-free;
  3. any errors and defects in the Website will be corrected; and / or
  4. the information provided on or through the Website is suitable, reliable, accurate, current, complete or fit for any particular purpose.

The information on the Website is provided for information purposes, general interest and enquiry only. Before relying on the information on the Website, you should verify the accuracy of the information and consult us or with an appropriate professional for specific advice tailored to your situation.

To the extent permitted by law, we exclude all liability for any loss or damage (including direct and consequential loss) arising from or in connection with:

  1. your use of the Website and any Third Party Content;
  2. your reliance on any information provided on or through the Website and any Third Party Content;
  3. any delay or inability to use any part of the Website; or
  4. any failure to provide services or any information through the Website.

Means and needs is meant to help and support, but it is so important you navigate your own risk in life. Look into the best way of doing things for your family. Your actions are your responsibility just as the victory lap is for you and your family to enjoy.

  1. Indemnity – you’ve got us covered.

You will at all times indemnify us and keep us and our officers, employees and agents indemnified from and against any loss (including direct and consequential loss), damage or liability incurred by us arising from any claim, demand, suit, action or proceeding by any person, arising out of, in connection with or in respect of any breach of these Terms by you.

  1. Intellectual property – ours, ours, but yours to use, not abuse. 

Unless otherwise indicated, we own or are licensed to use all intellectual property (including copyright, trade marks and designs) subsisting in the content (including any graphics, images, logos, text, material, software) on the Website.

Content on the Website must not be modified, copied, reproduced, republished, framed, uploaded to a third party, posted, transmitted or distributed in any way except as expressly provided for on the Website, or as expressly authorised in writing by us.

  1. Privacy between you and us.

By using the Website, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

  1. Termination of access – breaking up is hard to do.

We may terminate access to the Website at any time without giving any explanation or justification for the termination of access. We are not liable to you for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

  1. General – the law of this land, not the principality of Genovia.

If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining Terms will continue to apply.

These Terms are governed by the laws of Western Australia. You agree to the jurisdiction of the courts of Western Australia to determine any dispute arising out of these Terms.

All rights which are not expressly granted in these Terms are expressly reserved.

This policy was last updated on 22 November 2018.