Terms & Conditions - Professional Cake Maker and Decorator | Commie’s Cupcakes

Terms & Conditions

General Terms and Conditions:

These terms and conditions outline the rules and regulations for the use of Commie's Cupcake's Website.

Commie's Cupcakes is located at:

PO Box 5345,
Gladstone QLD
Australia 4680

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use the Commie's Cupcakes website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Australia. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Services

Commie's Cupcakes offers various in-person and internet-based services through the Website. Such services include but are not limited to:

  • Selling physical products and goods
  • Providing web based content
  • In-person classes
  • On-line chat groups and forums
  • and customisable online user profiles

Commie's Cupcakes offers a segment of services at no-cost (Free Services) and others on a cost basis (Paid Services). Commie's Cupcakes reserves the right to add or delete any of it's Services at any time, including but not limited to, the right to change Free Services to a Paid Service, which may include a one of fee to access the content or a subscription based service.

Users who would like to utilise the Paid Services and certain Free Services (such as participation in the User Community) must establish a user profile on the Website. Commie's Cupcakes may, at its option offer a number of other additional Services in the future through its Website. If additional Services are offered, Commie's Cupcakes may in its sole discretion adopt additional rules, regulations, or terms of service concerning the additional Services.

The Services are offered for general informational and entertainment purposes only. Nothing in the services shall be considered advice.  Site User should always conduct their own independent research into the recipes and techniques described in the Services and should not rely on the information presented in the Services as advice.

Cookies

We employ the use of cookies. By using the Commie's Cupcakes website, you consent to the use of cookies in accordance with Our privacy policy.

Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

License

Unless otherwise stated, Commie's Cupcakes and/or it’s licensors own the intellectual property rights for all material on the Commie's Cupcakes website. All intellectual property rights are reserved. You may view and/or print pages from www.commiescupcakes.com for your own personal use subject to restrictions set in these terms and conditions.

You must not:

  • Republish material from www.commiescupcakes.com
  • Sell, rent or sub-license material from www.commiescupcakes.com
  • Reproduce, duplicate or copy material from www.commiescupcakes.com
  • Redistribute content from Commie's Cupcakes, www.commiescupcakes.com (unless content is specifically made for redistribution).
  1. This Agreement shall begin on the date hereof.
  2. Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. Commie's Cupcakes does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Commie's Cupcakes, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws, Commie's Cupcakes shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
  3. Commie's Cupcakes reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
  4. You warrant and represent that:
    1. You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
    2. The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
    3. The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
    4. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
  5. You hereby grant to Commie's Cupcakes a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

  1. The following organisations may link to our Web site without prior written approval:
    • Government agencies;
    • Search engines;
    • News organisations;
    • Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
    • Systemwide Accredited Businesses except soliciting non-profit organisations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
  1. These organisations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
  1. We may consider and approve in our sole discretion other link requests from the following types of organisations:
    • commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
    • com community sites;
    • associations or other groups representing charities, including charity giving sites,
    • online directory distributors;
    • internet portals;
    • accounting, law and consulting firms whose primary clients are businesses; and
    • educational institutions and trade associations.

We will approve link requests from these organisations if we determine that: (a) the link would not reflect unfavourably on us or our accredited businesses (for example, trade associations or other organisations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organisation does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of Commie's Cupcakes; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organisation.

These organisations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are among the organisations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to commies.cupcakes@gmail.com. Please include your name, your organisation name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organisations may hyperlink to our Web site as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator (Web address) being linked to; or
  • By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.

No use of the Commie's Cupcakes logo or other artwork will be allowed for linking absent a trademark license agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

  1. limit or exclude our or your liability for death or personal injury resulting from negligence;
  2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
  4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

General Terms and Conditions for In-person classes:

Booking Classes

  • Classes must be completely paid for at time of booking. No Student is permitted to take a class that is not 100% paid for.
  • You will receive an email confirming your payment and reserving your spot for the class.
  • By booking a class, you agree to have your photo taken and used in advertising/marketing material and social media posts for Commie's Cupcakes. Please advise prior to class if you prefer your photo not to be taken or used.
  • Payments for classes are final and non-refundable.
  • In the unlikely case of a class being cancelled by Commie's Cupcakes, Student may take the class if/when it is rescheduled, use the payment as credit for another class or money will be refunded. Unfortunately, any additional expenditures lost by a cancelled class are not to be covered by Commie's Cupcakes. (i.e. cost of flights)
  • Refreshments for each day of class are provided by Commie's Cupcakes as well as lunch for full day classes. Please notify Commie's Cupcakes of any allergies and/or dietary restrictions you may have at minimum two weeks prior to the start of class. You are welcome to bring your own lunch and/or snacks, however this will not be reimbursed by Commie's Cupcakes.
  • Costs of travel, transportation, lodging and meals (other than lunches during class time) are Student’s responsibility.
  • Students must keep Commie's Cupcakes updated on proper contact information in case of changes to any class (current phone number and email). We are only responsible for contacting you via the provided information and are not responsible for tracking Student down if contact information changes.
  • If booking for someone else, please ensure you tell us the Student’s full name. Provide their phone number and email address if you wish for them to receive contact information.  If you don’t, you must provide your information and all notifications will be sent to you rather than the attendee.
  • All students must be 18 or older and are legally responsible for themselves and their actions while on Commie's Cupcakes premises.
  • Anyone attending class less than 18 years of age must be accompanied by a legal guardian (over the age of 18) whom shall be completely be held responsible for said student while on the premise of Commie's Cupcakes.

Canceling 

  • Classes may be cancelled due to of Acts of God (hurricanes, blizzards, etc.)
  • If a student misses a class or any part of a class for any reason, Commie's Cupcakes is not responsible for refunding that student’s money for the class or any other costs.
  • A class may potentially be cancelled if there is not enough interest/seats sold. In this rare situation, Student gets the option of full credit that can be applied to another class or a refund for the cost of the class. Again, any other cost will not be reimbursed by Commie's Cupcakes.

Rights of Class Material

  • Pictures of final products are allowed. Instructors will dictate if pictures and/or videos are acceptable to take throughout the class. Students are never to share/re-teach the specific details of what they learned in class (i.e. No step by step tutorials). Any student Commie's Cupcakes suspects of re-teaching material may be denied access to future classes.You are strictly prohibited from using the specific design you learn in our classes to advertise or run a similar class of your own.  It is our intention to teach you skills, which will enable you to come up with your own designs, therefore offering the marketplace something novel.  If you run classes or intend to run classes in the future, you may not use the specific lesson plans, class format, outlines, structures or photographs for your own classes or the promotion of your own classes.

Transportation of Cakes

  • Commie's Cupcakes is in no way responsible for Student’s cake/cupcakes after you leave the Commie's Cupcakes premise. Should anything happen to your cake during transportation that is your responsibility and Commie's Cupcakes bears no accountability for Student’s cake once you have left the classroom.
  • Commies Cupcakes will provide boxes for each student’s creation.

Property On Premise

  • Commie's Cupcakes supplies what is required for the class. Students may bring personal tools if they wish, but are responsible for them.
  • Students are held accountable for the tools they are “borrowing” for the duration of their time at Commie's Cupcakes. If a student loses or destroys property of Commie's Cupcakes, they may be held responsible for paying Commie's Cupcakes the cost of repurchasing said item(s).
  • Student brings all personal property onto Commie's Cupcakes premise at his or her own risk.
  • Should Student ask to keep a cake on the premise for any extended period of time, Commie's Cupcakes accepts no responsibility for it. As this is a place of work and education, there is a possibility of damage and therefore Commie's Cupcakes advises against you leaving cakes on the premises for extended periods. (Example: Student will be back in 4 months for another class and wants to leave their project at Commie's Cupcakes until then).

Extra

  • Any injury sustained during a class is not Commie's Cupcakes responsibility nor is Commies Cupcakes liable to pay for any costs related to an injury.
  • Students that need to tend to anything unrelated to class (i.e. a phone call) should excuse themselves from the classroom and do so quietly as to not interrupt class for the rest of the students and teacher.
  • Refunds are not available once payment has been made for any reason other than the class being cancelled by Commie's Cupcakes/the Teacher.  Please check carefully that you can make the dates before you book.  This applies to any class booking, gift or any other method of booking. If you give your class to someone else, Commie's Cupcakes must be informed of the new information.
  • Commie's Cupcakes reserves the right to refuse its services to any student without reason.
  • Students should arrive at least 10 minutes BEFORE the start of the class. Class will not wait to start for those who are late. However, if you are running late, please notify Commie's Cupcakes so we can wait a few minutes longer or be prepared to catch you up.
  • All class bookings are bound by these terms and conditions.

General Terms and Conditions for online classes

Commie's Cupcakes complies with all Australian Consumer Laws as follows:

  • Refund and Return Policy: All payments made for courses, e-books and other
    digital products available for sale on commiescupcakes.com are non-refundable after
    a period of thirty (30) days from the date of purchase.
  • Refund procedures: If a refund request is made within the 30 days, all access to the
    product will be removed and a refund will be actioned within seven (7) days of the
    request.
  • Method of delivery: Enrolment in digital classes is generally done immediately after
    purchase, however if there is an issue with access, please get in touch via
    hello@commiescupcakes.com
  • Currency: All payments are in AUD unless otherwise specified.
  • Fees and Charges: Any additional fees or charges laid by third party payment
    gateways are the responsibility of the purchaser.
  • Limit of Liability: The advice and strategies contained herein may not be suitable
    for every situation. These classes, downloads and ebooks are sold with the
    understanding that the author (Amber Comadira-Smith) is not engaged in rendering
    legal, accounting or other professional services.  If professional services are
    required, the services of a competent professional should be sought. Neither the
    company (Commie's Cupcakes) or the author (Amber Comadira-Smith) shall be
    liable for damages arising herefrom.
  • Intellectual Property Rights: See 'License' heading further up the page for more
    information about intellectual property rights and restrictions on content distribution.

By purchasing online classes and downloads from www.commiescupcakes.com you are
agreeing to the above terms and conditions.

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