These terms are between CakeDay Co trading as Cakeday (“Cakeday”, “we”, “us”) and the business that creates an account (“you”, “the Client”).
1.1 These terms apply when you create a Cakeday account, purchase a Membership, or order a Celebration. By doing any of those things you agree to them.
1.2 If you’re agreeing on behalf of a business, you confirm you’re authorised to bind that business.
1.3 We may update these terms. We’ll give you at least 30 days’ notice by email before a change takes effect. If a change materially disadvantages you, you may cancel without penalty before it starts, and we’ll refund any unused prepaid Membership pro-rata.
1.4 We record your acceptance of these terms, including the date, time, account and version accepted, and will provide that record on request.
2.1 Celebration — a single chosen food product, card and delivery arranged by us for one Recipient on one date at a selected time directed by us.
2.2 Membership — the ongoing coordination service described in 5.5, charged monthly or annually.
2.3 Recipient — a person on your team for whom a Celebration is arranged.
2.4 Team Link — the private form we provide for your team to give us their own dietary requirements, preferences and opt-out.
2.5 Recipients are not parties to these terms. You remain responsible for your obligations under them, including telling your team that their information is shared with us.
3.1 Cakeday coordinates workplace celebrations. We maintain your celebration calendar, collect delivery and dietary preferences from your team, arrange food products through independent third-party bakeries and suppliers, and arrange delivery to your nominated address.
3.2 We are not a bakery. We do not manufacture, bake, package or handle food. Food products are made by independent suppliers responsible for their own food safety, licensing and handling practices.
3.3 We are not the employer of, and do not control, any bakery, courier or delivery provider.
3.4 We may engage subcontractors and suppliers to perform any part of the service. We remain responsible to you for the service under these terms.
4.1 You are responsible for activity under your account and for keeping login details secure.
4.2 Accounts may have an Owner (billing and cancellation) and one or more Coordinators (calendar and team details). The Owner is responsible for all charges. Either may approve an additional cost under 5.10.
5 · Membership and fees
Monthly Membership
5.1 Monthly Membership is charged $105 per month in advance. It renews monthly until cancelled and has no minimum term.
Annual and Annual Founding
5.2 Annual Membership is a one-off payment of $1,050 covering 12 months, equivalent to ten months at the monthly rate.
5.3 Annual Founding Membership is a one-off payment of $950 covering your first 12 months, and includes one standard Celebration at no charge, applied to your first eligible delivery. It is available to foundation clients only, limited to one per business, is not transferable, and cannot be combined with another offer. At the end of the founding year your membership continues as an Annual Membership at the then-current price unless you cancel. We will email you at least 30 days beforehand with the date and the price.
General
5.4 All prices in these terms include GST. The price shown is the price you pay — nothing is added at checkout or on your invoice.
5.5 Membership covers coordination: calendar management, the Team Link, dietary and opt-out records, a named coordinator, delivery confirmation and periodic review. It does not include the cost of any food product or delivery.
5.6 Celebrations are charged separately at $125 per delivered Celebration, covering the standard food product, card and standard-area delivery described at checkout. We invoice delivered Celebrations monthly in arrears.
5.7 You are charged only for Celebrations we deliver, and for Celebrations cancelled inside the notice period in 5.8.
5.8 To cancel or postpone a Celebration without charge, you must tell us at least 5 business days before the scheduled delivery date. Cancellations made with less than 5 business days’ notice are charged in full, because the order has already been placed with our supplier and cannot be recovered.
5.9 If a Recipient opts out, leaves, or you remove them from your calendar more than 5 business days before their date, there is nothing to pay.
5.10 Optional upgrades, non-standard products, or delivery outside the standard service area may cost more. We will show the additional amount and obtain your approval in writing before confirming the order. Without approval, we deliver the standard Celebration or, if that isn’t possible, none.
5.11 We may change pricing with 30 days’ notice. An Annual or Annual Founding Membership keeps its price for its full 12-month term.
5.12 You authorise us to charge your nominated payment method for Membership and Celebration fees as they fall due.
5.13 If a payment fails, we’ll tell you and try again. If it remains unpaid after 14 days we may suspend upcoming Celebrations. We won’t cancel a Celebration already confirmed with a Recipient without telling you first.
6.1 Monthly Membership renews each month until cancelled. You can cancel at any time from your account or by emailing us. Cancellation takes effect at the end of the current paid month. No pro-rata refund applies for the current month.
6.2 Annual Membership runs for 12 months. We will email you at least 30 days before renewal with the renewal date and price. You may cancel at any point before renewal.
6.3 Cancelling an Annual or Annual Founding Membership early. You may cancel before the end of the 12-month term. We calculate your refund as:
(amount you paid) − (whole months used × $105) − $30 administration fee
The annual discount applies where the full term is used, which is what the discount is for. The refund will never be less than zero, and the fee will never exceed the refund. We show you the calculation before processing the cancellation.
6.4 Celebrations already ordered with a supplier at the time of cancellation will still be delivered and charged.
6.5 We may cancel your Membership with 30 days’ notice, refunding any unused prepaid amount pro-rata with no administration fee.
7.1 You’ll give us the names, celebration dates and office locations for the people you want included.
7.2 You confirm that: you’re entitled to share that information with us; you’ve told the individuals concerned that their details are being shared with Cakeday for this purpose; and you’ve obtained any consent required under the Privacy Act 1988 (Cth).
7.3 Where a Recipient provides their own details through the Team Link, that information is collected by us, not by you. We won’t disclose an individual’s dietary requirements, preferences or opt-out status back to you without their consent.
7.4 An opt-out is binding. If a Recipient opts out, we will not arrange a Celebration for them, including where you instruct us otherwise. We will confirm that a person is excluded without giving a reason.
7.5 We handle personal information in accordance with our Privacy Policy. We use it to arrange celebrations and for no other purpose, and we don’t sell it.
7.6 We do not collect home addresses from Recipients. Deliveries are made to the workplace address you nominate. Any contact details a Recipient gives us for a delivery are deleted or de-identified within 30 days after that delivery, unless we must keep them longer by law or to resolve a delivery dispute.
7.7 If we become aware of unauthorised access to personal information you’ve provided, we’ll notify you without undue delay and comply with our obligations under the Notifiable Data Breaches scheme.
7.8 You must tell us promptly when someone leaves so we can remove them.
Please read this section carefully. It affects anyone on your team with a food allergy, and you should pass it on to them.
8.1 We collect dietary requirements through the Team Link and pass them to the supplier preparing each food product. We select suppliers who offer gluten free, dairy free, vegan, nut free and halal options.
8.2 We cannot guarantee that any product is free from a given allergen. Food products are produced in commercial kitchens that handle nuts, dairy, eggs, gluten, soy and other allergens. Cross-contamination is possible.
8.3 Where an individual has a severe or anaphylactic allergy, they should not rely on supplier labelling alone. We strongly encourage anyone with a serious allergy to use the opt-out.
8.4 You must pass on any allergen information we provide with a delivery to the Recipient.
8.5 You warrant that any dietary or allergen information you provide to us is accurate, complete and current, and that you will tell us immediately if it changes. We act on the information we are given and have no means of verifying it independently.
8.6 Where a Recipient provides their own information through the Team Link, they warrant the same. Where you provide it on their behalf, you confirm you hold accurate information and have their authority to give it to us.
8.7 We are not responsible for a reaction, illness or other loss caused by information that was not disclosed to us, or that was disclosed to us inaccurately, incompletely or out of date.
8.8 Indemnity. You indemnify us against any claim, loss, damage or cost we incur to the extent that it arises from (a) dietary or allergen information you or a Recipient supplied being inaccurate, incomplete or out of date, or (b) your failure to pass on allergen information we provided with a delivery as required by 8.4. This indemnity does not apply to the extent the claim arises from our own negligence or that of our suppliers.
8.9 Nothing in this section excludes, restricts or modifies any guarantee, right or remedy that cannot be excluded under the Australian Consumer Law, and nothing in it limits our liability for death or personal injury caused by our negligence.
8.10 Recipients are not parties to these terms. Nothing in this section affects any right a Recipient may have against us directly.
9.1 We arrange delivery to the address nominated for each Celebration, on the scheduled date, during business hours.
Delivery days
9.1A Celebrations are delivered to the workplace address you nominate. We do not currently deliver to home addresses, and we do not collect them. If we introduce home delivery, it will be off by default and we will tell you before it becomes available on your account.
9.1B You tell us which days each of your offices is open for delivery. Where a Recipient’s date falls on a day that office is not open — including a weekend, a public holiday or a non-office day you have nominated — we deliver on the nearest open day before that date. We will not deliver more than 3 business days either side of the date without checking with you first.
9.1C Where you have told us a Recipient is rarely at a workplace, we will tell you rather than arrange a delivery, so you can decide how to handle it.
9.1D You must tell us your shutdown periods and office closure dates at setup and whenever they change. Celebrations falling inside a shutdown are delivered on the last open day before it, or batched into the first week back, as you prefer.
9.2 We usually need at least 7 business days’ notice for a new or changed Celebration, and at least 5 business days’ notice to cancel one without charge (see 5.8). We’ll tell you before accepting an order if a longer lead time applies.
9.3 You’ll make sure someone can receive the delivery at the nominated address, and tell us about building access requirements.
9.4 If a delivery fails through our fault or a supplier’s fault, we’ll use reasonable efforts to redeliver within 1 business day at no extra charge. If redelivery isn’t reasonably possible or also fails, we won’t charge you for that Celebration — or, if already paid, we’ll refund it or credit your account, at your choice.
9.5 We’re not responsible for failures caused by an incorrect address supplied to us, no one being available to receive the delivery, site access restrictions we weren’t told about, or events outside our reasonable control.
10.1 Provide accurate, complete and current information, and keep it current. We act on the information you give us and are not liable for loss arising from information that was inaccurate, incomplete or out of date when you gave it to us. 10.2 Pay on time. 10.3 Don’t use the service for anything unlawful, or to send anything offensive, harassing or discriminatory. 10.4 Don’t resell or make the service available to a business other than your own.
11 · Intellectual property
11.1 Cakeday owns the Cakeday name, logo, website, forms and all associated materials.
11.2 You keep ownership of information you give us. You grant us the right to use it to provide the service.
11.3 We will not use your business name, logo or testimonial publicly without your prior written permission.
12.1 Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing here excludes, restricts or modifies those guarantees.
12.2 To the extent permitted by law, our liability for failing to comply with a consumer guarantee is limited to resupplying the service or paying the cost of resupply.
12.3 To the extent permitted by law, we’re not liable for indirect or consequential loss, loss of profits, loss of goodwill, or loss arising from an act or omission of a third-party supplier or courier.
12.4 To the extent permitted by law, our total liability in any 12-month period is limited to the total fees you paid us in that period.
12.5 Nothing limits liability for death or personal injury caused by our negligence, or for fraud.
13.1 We may suspend or terminate immediately if you breach these terms materially and don’t fix it within 7 days of being asked, or if you become insolvent.
13.2 On termination, fees for delivered Celebrations remain payable.
13.3 Sections 7, 8, 11, 12, 13.2, 14 and 16 survive termination, along with any fees outstanding.
14 · Confidentiality
14.1 Each party will keep the other’s confidential information confidential and use it only to perform these terms.
14.2 This doesn’t apply to information that’s public through no fault of the receiving party, or that must be disclosed by law.
15.1 Tell us first. Email [hello@cakedayco.com.au] with what happened and what you’d like done.
15.2 We’ll acknowledge within 2 business days and aim to resolve within 10.
15.3 If we can’t resolve it, either party may refer the matter to mediation before starting proceedings. Nothing stops either party seeking urgent relief from a court.
16 · General
16.1 Governing law: the laws of Queensland, Australia. Both parties submit to the non-exclusive jurisdiction of its courts.
16.2 Force majeure: neither party is liable for delay or failure caused by events beyond its reasonable control.
16.3 No partnership: nothing creates a partnership, joint venture, employment or agency relationship.
16.4 Assignment: you may not assign these terms without our written consent. We may assign them on written notice, including as part of a sale of the business.
16.5 Entire agreement: these terms and any written quote form the whole agreement.
16.6 Severability: if a clause is unenforceable, the rest continues to apply.
16.7 Notices: by email to the address on your account, or to [hello@cakedayco.com.au].
