Please scroll down for our Terms of Website Use and our Acceptable Use Policy.
Please click here to read our Privacy Policy.
TERMS AND CONDITIONS OF SUPPLY OF THE BAKEHOUSE CLUB AND STANDALONE CLASSES BY THE EPSOM BAKEHOUSE LTD
1. Introduction
1.1 www.thebakehouseclub.com (“site”) is owned and operated by The Epsom Bakehouse Ltd (“we”, “our”), a company registered in England and Wales under company number 13518099 and with our registered office business address at Unit 123, John Wilson Business Park, Harvey Drive, Whitstable, Kent, CT5 3QY.
2. Service
2.1 The Bakehouse club is a membership site for online classes, recipes, resources and other content related to learning to bake great bread at home.
2.2 Please read these terms and conditions carefully before placing an order. By purchasing and using services from thebakehouseclub.com, including all materials presented herein and all online services provided by The Epsom Bakehouse Ltd, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions, please do not purchase services from this Site.
3. Changes to terms
3.1 We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting.
3.2 Please check these terms and conditions periodically for changes.
3.3 Your continued use of this Site and purchase of services on this Site following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase.
3.4 If the revised terms apply to any existing provision of services, we will notify you of the changes.
4. Privacy policy and Acceptable use policy
Registration and other information provided by you is subject to our Privacy Policy and shall only be used in accordance with it. For more information, please go to our Privacy Policy
5. Use of the site and service
5.1 You shall not purchase any services from our Site if you are below the age of 18 years old because under this age, you do not have legal capacity to enter into a contract. Children under the age of 18 are prohibited from using the site.
5.2 Information provided on the site and in the service related to online bread making classes and other information is subject to change. We make no guarantee that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. The Epsom Bakehouse Ltd disclaims all liability for any inaccuracy, error, or incompleteness in the content.
6. Acceptance of order
6.1 These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our written acceptance of the order issued to you by email or when we contact you to tell you that we are able to provide the services or products to you. We are not bound by the order unless we accept it in writing.
6.2 If there is any conflict between these Terms and any term of the order, the order will take priority.
7. Entire Agreement
These Terms and the Privacy Policy constitute the entire agreement between you and us and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
8. Representations
8.1 You acknowledge and agree that by entering into this Contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Privacy Policy.
8.2 You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.
8.3 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
9. Provision of Services
9.1 We will supply the services to you from the date set out in the order for the period set out in the order.
9.2 We retain the right to refuse access to the service or any materials to any person or entity and will not be obliged to give reason for this refusal.
9.3 We may at any time change or remove any part of the site or services provided, subject to fulfilling any previous responsibilities to you based on acceptance of your order and payment.
9.4 We will provide you with information by contacting you via email or by posting on the site or services. You agree that our communication will be via electronic means and that all such communications, contracts and notices we send electronically comply with any legal requirement to communicate with you in writing.
9.5 You agree that your access to the service may at times be affected by the performance of third party software that we use to provide the service. We hold no liability in any circumstances should the service or any materials either provided by us or uploaded by you to the service are unavailable at any time, become corrupted, are deleted or fail to store. See clause 13 below for our responsibilities when an Event Outside Our Control happens.
9.6 In order to use the service, you will be required to provide information about yourself including your name, email address, address, username and password, and payment details. You agree that any information you give to The Epsom Bakehouse Ltd will always be accurate, correct, and up to date. You agree that you will not impersonate someone else or provide account information or an email address other than your own. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked. If we suspend the services under this clause 9.3, you do not have to pay for the services while they are suspended, but this does not affect your obligation to pay any invoices we have already sent you.
9.7 Lifetime access granted to any services is for the lifetime duration of the service. If The Epsom Bakehouse Ltd ceases to trade, access to the services will cease.
9.8 You agree to use the site and services, including the membership Facebook group or other community forum, for legitimate, non-commercial purposes only. You shall not post or transmit through the site any material which violates or infringes the rights of others, or which is abusive, libellous, invasive of privacy, obscene, profane, threatening, or otherwise objectionable, contains injurious recipes or which encourages criminal behaviour give rise to civil liability, or otherwise violate any law.
9.9 You agree that access to any community forum in whatever form as part of the site and service is a privilege. We reserve the right to remove access to any community forum without notice and at our discretion in the case of unavailability of the service, threatening or rude behaviour or other misconduct.
9.10 We may have to suspend the services if we have to deal with technical problems, or to make improvements agreed between you and us in writing to the services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. This does not affect your obligation to pay for any invoices we have already sent you.
9.11 If you do not pay us for the services when you are supposed to, we may suspend the services with immediate effect until you have paid us the outstanding amounts (except where you validly dispute an invoice). We will contact you to tell you this. This does not affect our right to charge you interest.
9.12 If we supply a product to you as part of the services (such as a report, a CD, a DVD, an e-book or any other form of digital content or any other type of product whatsoever), we will own the copyright, design right and all other intellectual property rights in such product and any drafts, drawings or illustrations we make in connection with the product for you.
10. Termination
10.1 We may terminate the contract for services at any time with immediate effect by giving you written notice via email if:
a) you do not pay us when you are supposed to. This does not affect our right to charge you interest on late payment; or
b) you break the contract in any other material way and you do not correct or fix the situation within 14 days of us asking you to in writing.
10.2 You may cancel your monthly, quarterly or annual subscription to The Bakehouse club at any time by giving us written notice via email or by selecting to cancel via your account area within the membership site. However, due to the nature of the service, you will not be entitled to any refund of subscription payments already made.
10.3 On cancellation you will lose access to the service, including all content and membership communities, once your current subscription period ends.
10.4 You are responsible for cancelling your subscription should you no longer require services in enough time that you are not charged further.
10.5 If you change your mind after purchase of any of the digital products and services offered through this site and The Epsom Bakehouse Ltd, you are not entitled to a refund. Digital products are not covered by the cooling off period required by UK consumer law.
10.5 In the unlikely event that you are not happy with the product or service, we will consider all cases on an individual basis:
a) please contact us and tell us as soon as reasonably possible;
b) please give us a reasonable opportunity to repair or fix any defect; and
c) we will use every effort to solve the problem within 14 working days.
10.6 As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
11. Price and payment
11.1 Prices of the services are specified on our Site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.
11.2 Our prices are inclusive of VAT. However, if there is a change in the rate of VAT between the date of the order and the date of delivery or performance, the rate of VAT that you pay will be adjusted, unless you have already paid full purchase price prior to the change in the rate of VAT takes effect.
11.3 Despite our best efforts, there may be incorrect prices on some of the services. If the correct price is less than a price shown on our site, the lower amount will be charged. If the correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious, unmistakeable and mispricing could have been recognised reasonably by you, we will not be liable to provide the services or products to you at the lower price that was incorrect.
11.4 Payment for services is to be made in advance by credit or debit card or PayPal except where agreed otherwise in writing between us. Your monthly, quarterly or annual subscription payment will be taken automatically until you cancel as set out in paragraph 10.2, or we terminate the contract, or The Epsom Bakehouse Ltd ceases trading. We accept payment with Visa/Delta/Electron, Mastercard/Eurocard, Maestro, American Express, plus debit cards with Mastercard or Visa logo.
11.5 If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Starling Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12. Limitation of liability
12.1 If children aged under 18 are joining you to take part in our Services, including live online classes, it is your responsibility to ensure that they are supervised by a responsible adult at all times during participation and when following the baking instructions. It is your responsibility to take care whilst following the instructions of any of our services to ensure your safety in your kitchen.
12.2 We shall not be liable for anything other participants in live classes may say or do whilst participating in a live online class.
12.3 We shall not be liable for any loss of anticipated savings, loss or corruption of data or information, loss or depletion of goodwill, or any direct, indirect, special, consequential, punitive or any other losses, damages or expenses arising from your use of the services or site.
12.4 Our cumulative liability to you in all circumstances shall not exceed the total price paid by you for The Bakehouse club membership or our other services in the 12 months prior to the date of the claim.
12.5 We will not be liable for any additional costs you incur as a result of changes to (i) The Bakehouse club, (ii) all other services provided, (iii) the dates, times and location of planned live classes or (iv) the instructors leading the classes.
12.6 Services and products supplied by us are for non-commercial purposes only. You shall not use the services or products for any business or re-sale, commercial purpose. We are not liable to you for any loss of business, loss of profit, loss of business opportunity or business interruption.
12.7 Exceptions to Limitation of Liability
Our liability does not exclude or limit in any way:
(a) fraud or fraudulent misrepresentation;
(b) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
13. Circumstances beyond our control
13.1 If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.
13.2 Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.
13.3 If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms:
13.4 you will be notified as soon as reasonably possible; and
13.5 the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control.
13.6 If Circumstances Beyond Our Control occur and continue for more than 60 days and you do not wish us to provide the services, you may cancel the contract. We may cancel the contract if the Circumstances Beyond Our Control continues for more than 60 days.
14. Notice
14.1 Any notice to us should be in writing and sent to us by email to The Epsom Bakehouse Ltd at info@theepsombakehouse.co.uk.
14.2 Any notice to you will be in writing by email to the email address you provided us with on the order.
15. Intellectual property
15.1 Our intellectual property
We retain the intellectual property rights to all materials we provide to you as part of the service. The Epsom Bakehouse Ltd’s copyrighted material is provided to you as part of the service and is for your individual use only. No license to sell or distribute is implied or granted.
15.2 You may not at any time copy, share, sell, reproduce, publish in any form or otherwise make available to a third party any of the materials provided to you as part of the service.
15.3 You may not make any audio or visual recordings of any of the materials provided to you without our prior written consent.
15.4 You may not use any of our logos without prior written consent.
15.5 You are not permitted to sell or promote products or services to other members of The Bakehouse club or other users of services provided by The Epsom Bakehouse Ltd at any time without our prior written consent.
15.6 Materials you submit to the site or service
You warrant that you have the right to use and distribute any materials posted, uploaded or otherwise submitted to the site or services.
15.7 You shall not post, upload or otherwise make available on the site or service any materials protected by copyright, trademark or other proprietary right. You will be liable for any damages arising from infringement of copyright, trademark or other proprietary rights resulting from such a submission.
15.8 You grant The Epsom Bakehouse Ltd worldwide, non-exclusive, irrevocable rights to use any materials you submit to the site or service for marketing, promotional or other business activity.
15.9 Your intellectual property rights
You retain the copyright and any other rights you may lawfully hold to any materials you submit to the site or service. You agree to hold The Epsom Bakehouse Ltd harmless from and against any claims, liabilities or expenses arising from any copyright or trademark infringement action against you.
15.10 We may make audio visual recordings of the services being delivered with you in attendance. You agree that we may use and distribute your image and voice in any such recordings for provision of the service, promotional and marketing use and business development without compensation to you or the need for further consent.
15.11 We reserve the right to terminate the contract between us and you and remove your access to the site and service with immediate effect without refund if you are caught violating these intellectual property terms.
15.12 The terms of paragraph 15 will outlast any termination of the contract.
16. Miscellaneous.
16.1 We may assign our rights and obligations under these Terms to any another person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.
16.2 You cannot transfer your rights and obligations under these Terms to any another person without our written approval.
16.3 This contract is only between you and us. No other third person shall have any rights to enforce any terms.
16.4 Each paragraph of these Terms is separate and distinct from the others. If any court or relevant authority determines any clauses of these Terms is unlawful, then such determination will not affect other clauses and all other remaining clauses will remain in effect and full force.
16.5 Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.
16.6 English law governs these Terms and contract between you and us. English courts will have jurisdiction on any dispute that may arise out of this Terms or contract between you and us.
17. Contact us
17.1 For any questions or queries you can contact us via e-mail us at info@theepsombakehouse.co.uk.
TERMS OF WEBSITE USE
This page (and the documents it refers to) tells you the terms of use on which you may use or browse our website www.thebakehouseclub.com (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you accept these terms of use and agree to abide by them. If you do not agree to these terms of use, please do not use our site.
ABOUT US
www.thebakehouseclub.com is a site operated by The Epsom Bakehouse Ltd (“we” or “us”). We are registered in England and Wales under company number 13518099. Our registered office address is Unit 123, John Wilson Business Park, Harvey Drive, Whitstable, Kent, CT5 3QY and our email address is info@theepsombakehouse.co.uk.
OUR SITE
We allow access to our site on a temporary basis and we reserve the right to withdraw, restrict or change our site at any time and without notice. We will not be liable if for any reason our site is unavailable at any time or if the content is changed or out of date.
You must treat as confidential any user identification code, password or other security feature in relation to our site. If, in our opinion, you aren’t complying with these terms of use, we have the right to disable any such code, password or feature at any time.
You must comply with the provisions of our Acceptable Use Policy as set out below when using our site.
It is your responsibility that anyone who accesses our site through your internet connection is aware of these terms and complies with them.
VARIATIONS
We may revise these terms of use at any time by amending this page or by provisions or notices published elsewhere on our site.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use any part of the materials on our site for commercial purposes without a licence from us or our licensors. You may not reproduce in any format (including on another website) any part of our site (including content, images, designs, look and feel) without our prior written consent.
If, in our opinion, you are in breach of these provisions, your right to use our site will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.
RELIANCE ON INFORMATION AND LINKS
The contents of our site (including links to other sites and resources provided by third parties) are for information only, and we shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We process information about you in accordance with our Privacy Policy.
LINKING TO OUR SITE
You may link to our home page only if you have first obtained our written consent and provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice.
The website from which you are linking must comply in all respects with our Acceptable Use Policy as set out below and must be owned by you.
You must not link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
If you wish to make any use of material on our site other than that set out above, please address your request to info@theepsombakehouse.co.uk.
UPLOADING MATERIAL TO OUR SITE
When you upload material to our site, or make contact with other users of our site, you must comply with our Acceptable Use Policy as set out below. If you upload material in breach of our Acceptable Use Policy and we suffer loss as a result, you will reimburse us for such loss.
Any material you upload to our site will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose it to third parties. If any third party claims that any material posted or uploaded by you to our site violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.]
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By failing to comply with this provision, you would commit a criminal offence and your right to use our site will cease immediately and we will report your actions to the relevant authorities.
OUR LIABILITY
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect any liability which cannot be excluded or limited under applicable law.
JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
ACCEPTABLE USE POLICY
This is the acceptable use policy, which, together with our terms of website use, sets out the terms under which we, The Epsom Bakehouse Ltd, a company registered in England and Wales, company number 13518099, Unit 123, John Wilson Business Park, Harvey Drive, Whitstable, Kent, CT5 3QY allow you to use our site www.thebakehouseclub.com (“site”) whether you are a visitor or a registered user. All enquiries should be directed to info@theepsombakehouse.co.uk. Please read the terms of this policy carefully, as by using our site you indicate that you agree to comply with and be bound by them.
PROHIBITED USES OF OUR SITE
Whether you are a visitor or registered user, you must comply with our terms of website use, and use our site for lawful purposes only. In particular, you must not use our site for the uses listed (without limitation) below:-
- any fraudulent activity;
- any activity which breaches any applicable law or regulation, whether national or international;
- any activity which may cause or result in harm to a child under 18 years of age;
- sending unsolicited advertising or other content (spam), or entering into any arrangement for such material to be sent;
- reproducing, selling or otherwise handling our site or its contents in breach of our terms of website use;
- knowingly introducing to our site, or transmit or attempt to transmit to any other site, computer or network, viruses, trojans, worms, logic bombs or other material, code or programme which is malicious or technologically harmful;
- attempting to gain unauthorised access to our site, our software, our server, or any server, computer or database connected to our site; or
- attacking our site via a denial-of-service attack or a distributed denial-of service attack.
CONTRIBUTING AND INTERACTING
Our site may offer users the facilities to upload or contribute content or other material, or to interact with other users. When making use of these facilities, it is your responsibility to ensure that any contribution or interaction is, as far as you are aware, factually correct, represents your honest opinion, and does not breach any applicable law or regulation.
In addition, any contribution or interaction must not include any material which (without limitation):-
- is defamatory, obscene, offensive, hateful or inflammatory;
- is, or refers to material which is, sexually explicit;
- promotes violence, illegal activity or any form of discrimination;
- infringes any other person’s copyright, database right or trade mark;
- threatens, harasses, upsets, embarrasses, alarms or annoys any other person, or is likely to do so;
- advocates, promotes or assists any illegal activity;
- is likely to deceive any person or is made in breach of a legal duty owed to a third party (such as a duty of confidence);
- invades another’s privacy or cause inconvenience or anxiety to any person;
- is used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
- gives the impression that the material emanates from us, if this is not the case.
MODERATION
If we at any time use our site to provide users with any interactive service, the following moderation provisions will apply:-
- we will notify users if moderation is in place, and, if so, whether the moderation is provided by a person or is automated;
- if moderation is in place, we will give you a means to contact the moderator;
- although we will do our best to assess any risks which such interactive service may pose, we will be under no obligation to moderate it, and we expressly exclude any liability for any loss or damage to any person caused by use of it; and
- children should at all times be supervised when using the interactive services on our site, whether such services are moderated or not.
BREACHES OF THIS POLICY
Any breach of this acceptable use policy will be dealt with in the same way as breach of our terms of website use as set out above and we reserve the right to take any other action we reasonably deem appropriate, including restricting your use of our site and/or taking legal action against you. We are not liable for any loss or damage caused by any breach of this acceptable use policy.
AMENDMENTS
Please check this page regularly, as we may revise this acceptable use policy at any time. We may also change or update our acceptable use policy at any time by means of notices published anywhere on our site.