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 accesses, browses, or transacts on a Subscriber Website.

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

"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.

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".

By creating an account, subscribing to the Platform, or otherwise accessing or using the Platform, 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.

BiziBakes provides a multi-tenant 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 infrastructure and tools only.

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

• The quality, safety, and legality of their products and services
• Compliance with all applicable food safety laws and regulations
• Compliance with Australian Consumer Law and any other consumer protection laws
• Tax obligations, including GST registration, collection, and reporting
• Accurate product descriptions, pricing, and advertising
• Fulfilment of orders 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

BiziBakes accepts no liability whatsoever for any act or omission of a Subscriber or for the products or services offered by a Subscriber.

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 and may be updated from time to time in accordance with clause 28.

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.

Stripe may charge its own transaction fees for payment processing. Stripe fees are separate from and in addition to BiziBakes Subscription Fees. BiziBakes has no control over Stripe's fees and accepts no liability in respect of them.

BiziBakes may charge platform fees or transaction-based fees on payments processed through Subscriber Websites, as specified in the applicable pricing plan. Such fees will be clearly disclosed before you subscribe or enable the relevant feature.

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.

Subscription Fees are generally non-refundable. If you cancel your subscription, you will retain access to the Platform until the end of your current billing period. No pro-rata refunds will be provided for partial billing periods. However, where a Subscriber has been materially unable to use the Platform due to an error or outage attributable to BiziBakes, we may, acting reasonably, provide a pro-rata credit or refund for the affected period.

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 does not process payments on behalf of Subscribers or End Customers. All payments made through Subscriber Websites are processed directly by Stripe and received into the Subscriber's Stripe Connect Account.

All chargebacks, payment disputes, refund requests, and reversed payments relating to transactions on Subscriber Websites are the sole responsibility of the Subscriber.

BiziBakes accepts no liability for failed, declined, delayed, disputed, or reversed payments processed through Stripe, including any losses arising from Stripe account freezes, holds, or closures.

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 20 (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.

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

BiziBakes is not liable for any loss, damage, or inconvenience arising from a suspension exercised 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).

Where you collect personal information from End Customers through your Subscriber Website, you are the data controller for that information.

BiziBakes processes End Customer personal information on your behalf as a data processor.

You must maintain an appropriate privacy policy on your Subscriber Website that accurately describes how you collect, use, and disclose End Customer personal information.

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.

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.

While we use commercially reasonable efforts to maintain availability, we do not guarantee uninterrupted or error-free service.

To the maximum extent permitted by law, the Platform is provided "as is" and "as available", and BiziBakes makes no representations or warranties of any kind.

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 damages.

You agree to indemnify, defend, and hold harmless BiziBakes from and against claims, liabilities, damages, losses, costs, and expenses arising out of or in connection with your use of the Platform or breach of these Terms.

Disputes under these Terms will be resolved on an individual basis to the maximum extent permitted by applicable law.

You may cancel your subscription at any time through your account dashboard or by contacting us.

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.

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 and will notify you of material changes at least 30 days before they take 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: