Terms and Conditions

In these Terms, unless the context otherwise requires:

"BiziBakes", "we", "us", "our" means PCIM Solutions Pty Ltd (ABN 64 156 234 089), trading as BiziBakes.

"End Customer" means any individual or entity that visits, accesses, browses, places an order, submits an enquiry, uploads a file, or otherwise interacts with a Subscriber through a Subscriber Website.

"Platform" means the BiziBakes software-as-a-service platform, including the website builder, hosting services, account dashboard, AI-assisted content tools, and all related features and services.

"Subscriber", "you", "your" means the individual or entity that registers for an account and subscribes to the Platform.

"Subscriber Content" means all content, data, images, text, files, and materials uploaded, created, or published by a Subscriber or their End Customers through the Platform.

"Subscriber Website" means the public-facing website built, hosted, and operated by a Subscriber using the Platform.

"Subscription Fees" means the recurring fees payable by a Subscriber for access to the Platform as set out in the applicable pricing plan.

"Stripe Connect Account" means a Subscriber's own Stripe account connected to the Platform via Stripe Connect for the purpose of receiving payments from End Customers.

"Terms" means these Terms and Conditions, as updated from time to time in accordance with clause 27.

In these Terms: (a) headings are for convenience and do not affect interpretation; (b) the singular includes the plural and vice versa; (c) a reference to a party includes its successors and permitted assigns; and (d) "including" means "including without limitation".

These Terms apply to Subscribers who create an account, subscribe to, access, or use the BiziBakes Platform. By doing any of those things, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Platform.

You represent and warrant that you have the legal capacity and authority to enter into these Terms, and if you are registering on behalf of a business entity, that you are authorised to bind that entity.

End Customers do not buy goods or services from BiziBakes. End Customers buy from the relevant Subscriber, and the Subscriber is responsible for the sale, supply, fulfilment, refund handling, and customer service for those goods or services.

BiziBakes provides a software-as-a-service platform that enables cake decorators and small baking businesses to build, host, and manage websites, process orders, publish content, and communicate with customers. The Platform provides tools and services for Subscribers only.

BiziBakes is a technology provider. We do not control, direct, or participate in the operation of Subscribers' businesses or the products and services they sell. Each Subscriber operates independently and is responsible for:

• The quality, safety, ingredients, and legality of their products and services
• Food safety, allergen management, labelling, and dietary claims
• Compliance with Australian Consumer Law and any other consumer protection laws
• Tax obligations, including GST registration, collection, reporting, and invoices where required
• Accurate product descriptions, pricing, and advertising
• Refunds, cancellations, delivery, order fulfilment, and customer service to End Customers
• Obtaining all necessary licences, permits, and registrations for their business
• Compliance with all applicable privacy laws in respect of End Customer data they collect

To the maximum extent permitted by law, BiziBakes is not responsible for a Subscriber's acts or omissions or for products or services offered by a Subscriber, except to the extent the issue is caused by BiziBakes' breach of these Terms, negligence, wilful misconduct, or a non-excludable legal obligation.

Nothing in these Terms creates or is intended to create a partnership, agency, joint venture, employment, or franchise relationship between BiziBakes and any Subscriber. Neither party has authority to bind the other or to incur any obligation on behalf of the other. Subscribers must not represent or hold themselves out as agents, partners, or employees of BiziBakes.

To use the Platform, you must create an account by providing accurate, current, and complete information. You must promptly update your account information if it changes.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised use of your account.

The Platform supports role-based access controls (such as site owner and administrator roles). You are responsible for managing access permissions for your account and for any actions taken by users you authorise.

Access to the Platform is provided on a subscription basis. Subscription plans, features, and pricing are as published on our website or in your account dashboard and may be updated from time to time in accordance with clause 27.

Subscription Fees are billed in advance on a recurring basis (monthly or annually, as selected) and processed through Stripe. By subscribing, you authorise us to charge your nominated payment method via Stripe for all applicable fees for each billing cycle until your subscription is cancelled or terminated.

If a payment fails, Stripe may retry the payment and we may ask you to update your payment details. We may suspend or limit access to paid Platform features if Subscription Fees remain unpaid after reasonable notice, unless immediate action is needed because of fraud, security, or legal risk.

Fees are stated in Australian dollars unless otherwise specified. Unless we expressly state that GST is included, fees are exclusive of GST and other applicable taxes, which may be charged in addition where required by law.

Stripe may charge its own payment processing fees for transactions. Where your plan, site settings, or an agreed arrangement includes a BiziBakes platform fee or transaction-based fee on Subscriber Website payments, that fee will be disclosed through the Platform, your pricing arrangement, or payment records and may be deducted from the relevant Stripe payment.

You may change plans where the Platform makes that option available. Plan changes may take effect immediately or from the next billing cycle, with any applicable credits, additional charges, or feature changes shown at the time of change. We may change Subscription Fees by providing at least 30 days' notice. If you do not agree to a fee change, you may cancel your subscription before the new fees take effect.

You may cancel your subscription at any time through your account dashboard or by contacting us. Unless required by law or stated otherwise at the time of purchase, cancellation takes effect at the end of the current billing period and you will retain paid access until then. We do not usually provide pro-rata refunds for change of mind or unused time in a billing period.

Nothing in this refund clause limits rights you may have under the Australian Consumer Law or other non-excludable laws. If the Platform fails to meet a non-excludable guarantee, you may be entitled to a remedy such as a refund for the unused portion, compensation for reduced value, correction of the failure within a reasonable time, or other remedies required by law.

To enable online ordering and payment on your Subscriber Website, you must connect your own Stripe account via Stripe Connect. Your Stripe Connect Account is owned and controlled by you.

BiziBakes facilitates payment processing through Stripe but does not store full card details and is not the merchant of record for Subscriber sales. End Customers purchase from the Subscriber, and payments made through Subscriber Websites are processed by Stripe and received into the Subscriber's Stripe Connect Account, less applicable Stripe fees and any disclosed BiziBakes platform fees.

Chargebacks, payment disputes, refund requests, and reversed payments relating to transactions on Subscriber Websites are the Subscriber's responsibility, except to the extent caused by BiziBakes' breach of these Terms, negligence, wilful misconduct, or a non-excludable legal obligation.

To the maximum extent permitted by law, BiziBakes is not responsible for failed, declined, delayed, disputed, or reversed payments processed through Stripe, including losses arising from Stripe account freezes, holds, or closures, except to the extent caused by BiziBakes' breach of these Terms, negligence, wilful misconduct, or a non-excludable legal obligation.

You must use the Platform lawfully and in accordance with these Terms. You must not use the Platform in any way that:

• Breaches any applicable law or regulation
• Infringes the intellectual property or other rights of any third party
• Is fraudulent, deceptive, misleading, or dishonest
• Is defamatory, obscene, offensive, threatening, or abusive
• Distributes malware, viruses, or other harmful code
• Interferes with or disrupts the Platform or other users' use of the Platform

You must not upload, publish, or transmit through the Platform any content that:

• Is unlawful, harmful, threatening, abusive, harassing, defamatory, or invasive of privacy
• Contains or promotes illegal activity
• Infringes any intellectual property rights, including copyright or trademark rights
• Contains personal information of third parties without their consent
• Is spam, unsolicited advertising, or promotional material
• Contains viruses or malicious code

Without limiting our rights under clause 19 (Termination), BiziBakes may immediately suspend your access to the Platform, disable your Subscriber Website, or restrict specific features in situations involving legal, regulatory, payment, intellectual property, or security risk, including failed subscription payments.

Where practicable, we will notify you before or promptly after any suspension and provide reasons for the suspension.

To the maximum extent permitted by law, BiziBakes is not liable for loss, damage, or inconvenience arising from a suspension exercised reasonably and in good faith under this clause.

You retain ownership of all Subscriber Content. By uploading or publishing Subscriber Content on the Platform, you grant BiziBakes a non-exclusive, worldwide, royalty-free licence to host, store, cache, transmit, display, and distribute that content solely for the purpose of providing the Platform and related services.

You are solely responsible for all Subscriber Content, including content uploaded by your End Customers (such as cake inspiration images or reference files). You must ensure Subscriber Content is accurate, lawful, not misleading, and suitable for publication, including product descriptions, ingredient information, allergen statements, dietary claims, prices, delivery information, and refund or cancellation policies.

Where you collect personal information from End Customers through your Subscriber Website, you are the data controller or responsible business for that information, unless applicable law describes the role differently.

BiziBakes processes End Customer personal information on your behalf to provide, secure, maintain, and improve the Platform, subject to these Terms and our Privacy Policy.

You must maintain an appropriate privacy policy on your Subscriber Website that accurately describes how you collect, use, disclose, store, and handle End Customer personal information, including any use of third-party services such as Stripe.

The following terms apply where BiziBakes processes personal information on behalf of a Subscriber as data processor. These terms form part of these Terms and constitute a data processing addendum for relevant privacy regimes.

We will process Subscriber and End Customer personal information only as reasonably necessary to provide, operate, secure, support, troubleshoot, and improve the Platform, comply with law, and follow lawful instructions given by the Subscriber through the Platform or in writing.

We will take reasonable steps to ensure personnel who access personal information are subject to appropriate confidentiality obligations, and we will maintain reasonable technical and organisational measures designed to protect personal information against unauthorised access, loss, misuse, interference, modification, or disclosure.

We may use reputable service providers, including hosting, database, analytics, email, support, payment, and security providers, to provide the Platform. We remain responsible for selecting those providers with reasonable care and requiring them to protect personal information consistently with their role.

Where reasonably practicable, we will assist Subscribers with access, correction, deletion, portability, and other privacy requests relating to End Customer personal information processed through the Platform. Subscribers remain responsible for responding to End Customers unless applicable law requires BiziBakes to respond directly.

During an active subscription and for a reasonable period after termination, we may provide tools or assistance to export Subscriber Content and relevant End Customer data. After that period, we may delete, de-identify, or retain data only as required or permitted by law or for backup, dispute, accounting, tax, fraud prevention, or security requirements.

If we become aware of a data breach affecting personal information processed for a Subscriber, we will notify the affected Subscriber without undue delay where required by law or where the incident is likely to materially affect the Subscriber, and provide reasonable information to help the Subscriber meet its own legal obligations.

When you use AI-assisted features, prompts, inputs, context, and outputs may be processed by AI service providers only to provide the requested feature and support the operation, safety, and reliability of that feature.

AI-generated content is provided as a starting point only. You are solely responsible for reviewing, editing, and approving all AI-generated content before publication, especially product descriptions, allergen statements, ingredients, dietary claims, legal text, prices, and customer-facing commitments.

You should avoid entering sensitive personal information into AI-assisted features unless it is necessary for the task. We do not guarantee the accuracy, originality, legality, or suitability of AI-generated content.

While we use commercially reasonable efforts to maintain availability, we do not guarantee uninterrupted or error-free service. We may carry out maintenance, updates, security work, and operational changes that affect availability from time to time.

If a service failure materially affects your use of the Platform, we will use reasonable efforts to investigate and correct the issue. Your rights under the Australian Consumer Law and other non-excludable laws are not limited by this clause.

Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, right, remedy, condition, or liability that cannot lawfully be excluded, restricted, or modified under the Australian Consumer Law or other applicable law.

Subject to those non-excludable rights, and to the maximum extent permitted by law, the Platform is provided "as is" and "as available", and we do not promise that every feature will be uninterrupted, error-free, or suitable for every Subscriber's particular business requirements.

BiziBakes retains all right, title, and interest in the Platform, including software, code, designs, templates, algorithms, documentation, trademarks, and other intellectual property.

BiziBakes may reference your business name and logo as a customer of the Platform unless you notify us in writing that you wish to opt out.

To the maximum extent permitted by law, BiziBakes excludes liability for indirect, incidental, special, consequential, or punitive loss or damage, including loss of profits, loss of goodwill, loss of data, or loss of business opportunity.

Nothing in these Terms limits liability that cannot lawfully be limited, including liability for breach of a non-excludable guarantee under the Australian Consumer Law. Where the law permits us to limit our liability for a service failure, our liability is limited to supplying the services again or paying the cost of having the services supplied again.

We are not liable for Subscriber products, Subscriber Content, End Customer claims against a Subscriber, or a Subscriber's failure to comply with food, consumer, privacy, tax, delivery, licensing, or other legal obligations, except to the extent caused by BiziBakes' breach of these Terms, negligence, wilful misconduct, or a non-excludable legal obligation.

You indemnify BiziBakes against claims, liabilities, losses, damages, costs, and expenses suffered or incurred by BiziBakes arising from:

• Your breach of these Terms
• Your unlawful, fraudulent, negligent, or wilful conduct
• Subscriber Content or information you publish through the Platform
• Claims by End Customers relating to your products, services, refunds, fulfilment, delivery, or customer service
• Food safety, allergen, labelling, ingredient, dietary claim, product quality, or product liability issues
• Privacy or data protection breaches caused by you or your authorised users
• Misuse of the Platform by you or your authorised users

This indemnity does not apply to the extent a claim is caused by BiziBakes' breach of these Terms, negligence, wilful misconduct, or a non-excludable legal obligation.

You may cancel your subscription at any time through your account dashboard or by contacting us. Unless required by law or otherwise stated at the time of cancellation, cancellation takes effect at the end of the current billing period and paid access continues until then.

We may suspend or terminate your access to the Platform, disable hosted Subscriber Websites, or restrict features if Subscription Fees remain unpaid, you materially breach these Terms, your use creates legal or security risk, or we are required to do so by law. Where practicable, we will give reasonable notice and an opportunity to remedy the issue.

On termination, your right to access the Platform ends, hosted Subscriber Websites may be unpublished or disabled, unpaid fees remain payable, and we may retain amounts properly due to us. You remain responsible for preserving any records you need for tax, accounting, customer service, consumer law, or regulatory purposes.

We may provide reasonable export tools or assistance for Subscriber Content and relevant data for a limited period after termination. After that period, we may delete, de-identify, or retain data only as required or permitted for legal, accounting, tax, dispute, fraud prevention, security, compliance, or backup purposes. Copies may remain in backups or logs for a limited period until they are overwritten, expired, or no longer reasonably needed.

Neither party will be liable for delays or failure to perform due to events beyond reasonable control, including outages of critical third-party services.

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia.

The parties will first attempt good-faith negotiation. If unresolved, either party may refer the dispute to mediation before commencing legal proceedings.

This clause does not prevent either party from seeking urgent injunctive or equitable relief, taking steps for debt recovery, protecting Platform security or intellectual property, complying with legal obligations, or exercising rights that cannot be excluded under applicable law.

Notices may be given by email and are deemed received when sent, provided no delivery failure is received.

You may not assign rights under these Terms without prior written consent.

If any provision is invalid or unenforceable, the remaining provisions continue in full force and effect.

Selected clauses continue after termination, including liability, IP, dispute, and data-related provisions.

We may update these Terms from time to time. We will give reasonable notice of material changes before they take effect, except where changes are required sooner for legal, security, or operational reasons. Changes will not retrospectively reduce accrued rights or remedies. If you do not accept a material change, you may cancel your subscription before the change takes effect.

These Terms and the Privacy Policy form the entire agreement in relation to the Platform.

A failure or delay in exercising a right does not constitute a waiver of that right.

If you have questions about these Terms, please contact us: