Terms of service

These Terms and Conditions are for Betterburnt, accessible at www.betterburnt.com.au (the “Website”)

These terms and conditions of the Policy (the “Terms”) of Betterburnt, expressly declare and outline the rules and regulations upon which the Betterburnt's Website handles your privacy/data collected from you. The Policy is a conditions precedent for the use of the Website. By accessing/using/recommending/signing up/referring to someone/opening a link to the Website, we assume you accept the terms and conditions of Policy, and you declare that you expressly accept the terms and conditions of the Policy without any force and coercion. You are hereby warned and made clear that without any kind of ambiguity that if you do not accept these terms and conditions of Policy you may not proceed further. You are also being made aware that if you sign up/move forward/access/recommend to someone without accepting the terms and conditions, you shall keep Betterburnt, Website, its owners/affiliates/employees and all person affiliated with Website, harmless and you waive off all your rights to sue the Website its owners and all affiliates. Do not continue to use Betterburnt if you do not agree to take all of the terms and conditions of the Policy stated on this page.

1.        About the Website

  • Welcome to Betterburnt betterburnt.com.au (the 'Website '). Betterburnt is an online cake shop which sells Basque burnt cheesecakes in different sizes and flavours.
  • The food business is registered with the Glen Eira city council and license number is FOOD/3936.
  • Betterburnt has a certificate of registration of food premises and the business is operated from a home-based kitchen under the Food Act 1984.
  • The website is a platform for you/customers to place orders online to pick up cakes or have the orders delivered.
  • We can stop taking orders if capacity is full for a particular date.
  • Please read these terms and conditions (the 'Terms ') By using, browsing, and/or reading, placing order on the Website, signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
  • Betterburnt reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Betterburnt updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2.        Your obligations

  • You agree to comply with the following:
    • you will use the Website only for purposes that are permitted by:
      • the Terms; and
      • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
    • access and use of the Website is limited, non-transferable, and allows for the sole use of the Website by you for the purposes of placing the order for cakes;
    • You declare that anything that is against the law is not permissible and make yourself bound by your act, and make responsible for the outcomes of the acts that are against the law.
    • you will not use the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Betterburnt;
    • you acknowledge and agree that any automated use of the Website is

3.        Copyright and Intellectual Property

  • The Website and all of the related products of Betterburnt are subject to copyright. The material on the Website is protected by Copyright Act under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) are owned and controlled for these purposes and are reserved by Betterburnt or its

Betterburnt does not grant you any other rights whatsoever in relation to the Website. All other rights are expressly reserved by Betterburnt.

  • Betterburnt retains all rights, title, and interest in and to the Website. Nothing you do on or in relation to the Website will transfer any:
    • business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
    • a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
    • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

4.        Confidential Information

You hereby declare that any confidential information related to anyone that is acquired during the course of the use of this Website, shall be kept to yourself and shall not be made public in any manner. Any claim arising out the dispute regarding the confidential information shall be the responsibility of the users/customers, whereas the Website and Betterburnt shall be placed unharmed and no action can be taken against Betterburnt. 

5.        Privacy

  • Betterburnt takes your privacy seriously and any information provided through your use of the Website are subject to Betterburnt's Privacy Policy, which is available on the Website and can be viewed at https://www.betterburnt.com.au/policies/privacy-policy.

6.        General Disclaimer

  • Nothing in the 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 the Terms are excluded; and
    • Betterburnt 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 Website or these Terms, whether at common law, under contract, tort (including negligence), in equity,  pursuant to statute or

7.        Limitation of liability

  • You expressly understand and agree that Betterburnt, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible

8.        Indemnity

  • You agree to indemnify Betterburnt, its owner, affiliates, employees, agents, contributors, third party content providers and licensors from and against:
    • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
    • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
    • any breach of the

9.        Governing Law

  • The Terms are governed by the laws of Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Australia, without reference to conflict of law principles, notwithstanding mandatory rules.

The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

10.     Severance

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

11.    Contact us

In case you have any kind of query or question regarding the Terms and Conditions you may contact us at hello@betterburnt.com.au