These Terms and Conditions are legally binding
- BakeBoost is the operator of the Streamline Software service (the Service).
- Your use of the Service is expressly conditioned on your acceptance of the Terms and Conditions set forth herein.
- By using the Service, you accept that you unconditionally agree and accept to be legally bound by these Terms and Conditions.
- No other terms or conditions of any sort in any document, writing or other communication whatsoever made by you to BakeBoost or its employees, representatives or agents in relation to the Service shall be applicable to or binding on BakeBoost.
Changes to This Agreement or The Services
- BakeBoost reserves the right to alter these Terms and Conditions at any time provided advance notice is posted to our site. Such changes will be effective and legally binding on you when posted on our website for the Service or when we notify you by other means.
- Please review these Terms and Conditions periodically for changes.
- Your continued use of this Service after amended Terms and Conditions is posted on this website or is otherwise brought to your attention signify that you agree and accept to be legally bound by the changes.
Grants of Licenses to Use
BakeBoost hereby grants to you a limited, non-exclusive, non-transferable right to use the Service provided that you agree to the following:
- BakeBoost may, at its sole and absolute discretion, without prior notice to you and without liability, reject, prevent, discontinue or suspend your account(s) and/or your use of the Service if, at its sole discretion, BakeBoost is of the opinion that your use does not meet BakeBoost’s specifications or guidelines, or which BakeBoost may consider being inappropriate, illegal or harmful to its interests. If BakeBoost exercises its absolute discretion under this paragraph, it shall have no liability to refund any portion of your pre-paid subscriptions made before the said breach of use, if applicable. Without limiting or waiving any right against you that BakeBoost may have under the law or these Terms and Conditions in relation to any inappropriate, illegal or harmful use, BakeBoost reserves the right to deduct any costs, damages, or expenses that it may have incurred in relation to such inappropriate, illegal or harmful use from your unused pre-paid subscriptions, if any, or to claim the same from you by any other means.
- You agree to comply with any policies or guidelines that BakeBoost may introduce or amend from time to time. BakeBoost’s policies or guidelines may relate to technical specifications, privacy, acceptable content, and any other matter, as the same may be amended by BakeBoost, at its absolute discretion, from time to time.
- You agree that you will not provide access to or furnish any part of the Service to any third party; modify, disrupt or interfere with the Service, supporting servers, or networks either manually or through the use of scripts, viruses, or worms; reproduce, duplicate, copy, deconstruct, sell, trade or resell the Service; or excessively overload the systems that BakeBoost uses to provide the Service.
- BakeBoost may, at its sole and absolute discretion and without prior notice to you, amend, suspend, vary or withdraw the Service, these Terms and Conditions, and/or its website at any time and from time to time.
- You shall be solely responsible for your use of the Service and shall indemnify BakeBoost for, and hold BakeBoost harmless from, all loss, costs, and damages incurred by BakeBoost in connection with any claims by third parties against BakeBoost in relation to your use of the Service and in connection with your breach of these Terms and Conditions or any policies or guidelines that BakeBoost may introduce from time to time.
- You hereby represent, warrant, and covenant to BakeBoost that at all times, (a) you have all rights, consents, licenses, and permits that may be necessary or desirable for you to have in order to use the materials, graphics, logos, videos, data or information you input into the Service (where applicable) (“Your Content”) in the manner and the purpose for which you use Your Content; (b) all of Your Content comply with all applicable laws and regulations and do not violate the rights (including, but not limited to, intellectual property rights) of any third party.
- You represent and warrant to BakeBoost that you have the full corporate rights, power, and authority to agree to these Terms and Conditions and perform the obligations agreed by you and that doing so does not and will not violate any agreement or obligation to which you are bound, or any applicable law, rule or regulation.
- You hereby agree that BakeBoost may, but is not obliged to, use your name and refer to you as a user of the Service in any publicity, press release, advertising, or marketing material, throughout the world and using any form of media, provided BakeBoost gives notice of said use within a reasonable period of time prior to acting. If you wish to use or display BakeBoost’s trademarks or mention BakeBoost in any publication, website, press release, or in any other manner, you must obtain the prior written consent of BakeBoost.
- You agree that you are solely responsible to obtain or provide any hardware or software that you may need to gain access to and use the Service, and for any damage or loss that you suffer as a result of the operation of such hardware or software, including incompatibility with any platforms used by BakeBoost in providing the Service.
- You agree that BakeBoost is the sole owner of and has the right to use any feedback you provide on the Service in any way whatsoever including to improve existing or create new products and services.
- BakeBoost reserves all rights in the Service not granted to you expressly in these Terms and Conditions.
- You hereby agree to grant BakeBoost a worldwide, royalty-free, non-exclusive license to publish, alter, adapt, compile, host, and use (a) Your Content (including, without limitation, to reproduce in a material form, publish, perform, communicate to the public, and to make an adaptation of Your Content) for the purpose of providing you with the Service, and, (b) if BakeBoost provides any community forum for users of the Service to exchange user tips and publish their comments and opinions, any comments, opinions and other material you upload or publish on such a forum.
- By creating an account and subscribing to the Service or renewing your subscription for the Service, you indicate you agree to the charges imposed by BakeBoost for the particular services or products you have requested.
- You agree to comply with any payment terms that BakeBoost may impose from time to time, as laid forth in this Agreement.
- You may be required to pay BakeBoost in advance and/or on an annual, half-yearly, quarterly, or monthly basis to use the Service. Your subscription may be renewed automatically on or close to its expiry at the subscription rates applicable at the time of renewal. However, even if a facility to renew your subscription automatically exists, it is solely your responsibility, and not that of BakeBoost, to ensure that your subscription is renewed prior to its expiry, failing which your ability to use the Service shall expire automatically. BakeBoost may not give you prior notice of automatic renewal. If BakeBoost is unable to effect this automatic renewal for any reason whatsoever, your subscription will expire automatically. For subscribers choosing to pay by credit card, subscription fees for renewal may be charged to the credit card on record unless BakeBoost is notified of a change or cancellation in writing using the tools or means made available by BakeBoost.
- Invoices shall be paid in full by the due date. Should invoices not be paid in full by the due date, all admin accounts will be suspended. Customer accounts will remain active for a further ten (10) days. If by the end of the ten (10) days invoices have not been paid in full, the contract will be terminated and all data will be removed from the server.
- All sums payable by you to BakeBoost may be quoted exclusive of any goods and services tax, or any other taxes that may be levied on the subscription or charges levied by BakeBoost as such, you agree that BakeBoost may charge you and/or the credit card on record for any taxes or charges that BakeBoost is required by any applicable law or regulation to levy on the subscription or charges.
Term and Termination
- BakeBoost shall have the right to terminate its relationship with you, without prior notice, if you breach or fail to comply with any provision of these Terms and Conditions.
- This Agreement and your ability to use the Service shall also automatically terminate upon the expiry of your subscription.
- After termination, BakeBoost may, at its sole discretion, maintain any data you have uploaded into its systems.
- You agree that BakeBoost has no responsibility to maintain your User account or any of Your Data after termination and you shall hold BakeBoost harmless and free from any fees, damages, or claims you may suffer in relation to the same or any claims or actions you may have or face in relation to the same.
- If termination is due to your failure to renew your subscription on a timely basis, you may reactivate your account and access Your Data if renewal under such circumstances are enabled by BakeBoost To do so you may have to pay any subscription fees or charges that may be imposed by BakeBoost, including reactivation fees (if any), within any period that may be stated by BakeBoost, failing which BakeBoost may permanently remove and delete your user account(s) and any data you have uploaded into its systems.
- You, and or your customers, partners, or associates, whichever may be applicable, are the owner of any data you upload into the Service (Your Data).
- You hereby agree that BakeBoost is the owner of all data other than Your Data, including any system generated data generated by the Service or any data compiled from data inputted into the Service by all users of the Service on an aggregate basis (BakeBoost’s Data).
- BakeBoost may use all of BakeBoost’s Data in any way it chooses including to improve or adapt its services or to create or design new products and services.
- You acknowledge and agree that the nature of the Internet is international and that BakeBoost has your express consent to store and provide access to your personal or confidential information, and that of your users(s) and customers, in and from any location around the world, and to transmit and deliver such information via the Internet which may involve its transmission across multiple jurisdictions.
Your account(s) and Password(s)
- The responsibility to keep secure and confidential any password(s) and user ID(s) BakeBoost may issue to you to access the Service, rests solely with you and the employees, representatives, and agents of yours that are entrusted with the same.
- Should you become aware of any unauthorized access to your account(s), or any misuse of your password(s) and user ID(s) you must activate the process put in place to disable your account(s) and/or re-issue new password(s) or user ID(s) as soon as possible.
- You agree that you are solely responsible for the actions and omissions of the person(s) you nominate as a user(s) or administrator(s) of your account(s) for the Service. You also agree that BakeBoost may accept instructions and requests from and communicate with such person(s) until and unless BakeBoost receives notification that such person(s) is no longer your user(s) or administrator(s), and such instructions, requests, and communications are valid and legally binding on you. In addition, you are responsible for any and all use of your account(s) by any persons who are in possession of your user ID(s) or password(s).
Your indemnity in Favour Of BakeBoost
If BakeBoost and/or any of their affiliates (collectively the “Indemnified Parties”) take any action to enforce any of the Terms and Conditions, you agree to indemnify and hold harmless the Indemnified, their affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, losses, costs, expenses, causes of action or demands, including reasonable legal and accounting fees, arising out of and relating to your use of the Service, and any and all breaches by you of these Terms and Conditions.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW IN NO EVENT SHALL BAKEBOOST BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR FOR ANY LOST PROFITS OR LOST SAVINGS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, STRICT LIABILITY, STATUTE OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE SERVICE OR THIS SITE), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY BAKEBOOST EVEN IF BAKEBOOST HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
If, notwithstanding the foregoing, BakeBoost should be found liable for any loss or damage which arises out of or is in any way connected with any of the above-described functions or uses of this site, the Service or its content, to the full extent permitted by law the combined aggregate liability of BakeBoost shall in no event exceed the value of the monthly subscription for the Service paid by you or US$1000.00, whichever is lower. Further, BakeBoost’s liability to you in contract, tort, negligence, strict liability, under statute or otherwise will be reduced to the extent, if any, to which you contributed to the loss or damage.
BakeBoost has no responsibility for and is released from all contractual obligations and liability (e.g. for damages) if its performance of these Terms and Conditions is affected by an event of force majeure. For the purpose of this clause, the term “force majeure” means and includes any event which was not under the control of BakeBoost, or was not reasonably foreseeable, including, but not limited to any natural disaster such as thunderstorm, flood or storm, fire, national emergency, strike or equivalent labor action, or the unavailability of the Internet for reasons beyond the control of BakeBoost.
- These Terms and Conditions are governed by the laws of the. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded. The parties agree to submit to the exclusive jurisdiction of the courts of the State of Texas.
- You may not assign your rights hereunder to any third party without the prior written consent of BakeBoost.
- No joint venture, partnership, employment, or agency relationship exists between you and BakeBoost A person who is not a party to this Agreement shall have no rights under the laws of Texas to enforce any term of this Agreement.
- If any provision of these Terms and Conditions is found invalid or unenforceable by any Texas Court, the remaining provisions will remain valid and enforceable, and the unenforceable provisions will be deemed modified to the extent necessary to make them enforceable.
- These Terms and Conditions constitute the entire understanding and agreement between BakeBoost and you and supersedes any and all prior understandings and/or agreements between the parties in relation to the Service.
- No purported waiver by BakeBoost of any of its rights hereunder or under any applicable law or regulation shall be valid unless made in writing by an authorized representative of BakeBoost.
- No change, amendment, or modification of any provision of these Terms and Conditions will be valid unless set forth in writing and mutually agreed to by the parties.