VENDOR TERMS AND CONDITION
Cake it world™ (“we,” “us,” “our”) provides its online services (described below) to you through its website located at Cakeitworld.com (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Services”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this appropriate page(s) and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
CakeIT contracts with the Vendors to provide a platform for dispensation of services and Vendors accept these terms as stated herein.
ACCESS AND USE OF THE SERVICES
Services Description: The Services are designed to provide information to users about cake gifting from the vetted bakers and other vendor service or product packages (“combo Pak”), and the means to take orders and deliver cake it world products and other services to prospective customers. Certain features of the service may permit you to take orders for services or products through the Site or any mobile application made available by cake it world (together, the “Ordering Platform”). These Terms of Service apply only to orders placed through the ordering Platform, and not by phone or in-person. The vendors offer to render services as may from time to time be required by the company. Each request sent by the buyer/consumer/customer is processed by CakeIT. This buyer/consumer/costumer states the required services, specification, the time frame for performance and any other information incidental to the performance of the services.
Cake Vouchers: Cake It World™ permits you as vendors to exchange your products or services for monetary compensation in the amount of Cake Vouchers, payable to account on file. Any amount on this voucher unused is nonrefundable and may not be redeemed for cash. Purchases will be deducted from a Cake Voucher until the value reaches zero. If purchases exceed the Cake Vouchers balance, the remaining amount must be paid with another payment method. A Cake Voucher cannot be used to purchase other Cake Voucher and cannot be resold, reloaded, transferred for value or redeemed for cash, except to the extent required by law. We are not responsible if any Cake Vouchers are lost, stolen, destroyed or used without your permission.
Ordering Through the Services: The Ordering Platform will provide further instructions as to how to communicate with the Cake It World™ regarding your order. You acknowledge that not all discounts or other rewards offered by Cake It World™ may be available to products or services ordered through the Ordering Platform. Agreed vendor prices outside the listed Prices on the Cake It World™ will be as identified at the time of your acceptance of service.
Vendor Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for all activities that occur under your password or account. You agree to
(a) Immediately notify Cake It World™ of any unauthorized use of your password or account or any other breach of security, and;
(b) Ensure that you exit from your account at the end of each session when accessing the Services. Cake It World™ will not be liable for any loss or damage arising from your failure to comply with this Section. You acknowledge and agree that you are solely responsible for ensuring that any payment information which you have saved with the Services is secured from unauthorized access.
Modifications to Services: Cake It World™ reserves the right to modify or discontinue, temporarily or permanently, the products or Services (or any part thereof) with or without notice. You agree that Cake It World™ will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. The company shall regularly review the services and may require that you adopt certain corrective measures with respect to your performance in certain areas which in the company’s opinion has fallen below standard.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGE, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM:
(I) THE USE OR THE INABILITY TO USE THE SERVICE;
(II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(V) ANY OTHER MATTER RELATING TO THE SERVICE.
IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGE, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
At Specialty’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Services that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in Atlanta, Ga. before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
Notwithstanding the provisions of the introductory section above, If Cake It World™ changes this ‘Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of Cake It World™ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Cake It World™ in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
You agree that Cake It World™, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if Cake It World™ believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. Cake It World™ may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Cake It World™ may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that Cake It World™ will not be liable to you or any third party for any termination of your access to the Services.
FOR BAKERS TAKING ORDERS
Bakers as vendors are required to provide the list of ingredients used to bake the cake. Where a buyer specifically states an allergy to a particular ingredient, for example, an allergy to milk and/or nuts and or butter, Vendors MUST desist from using such ingredients. Usage of such ingredients after a buyer specifies an allergy would result in Vendor’s liability. CAKEIT will not be liable in any regard for such act and/or omission.
FEES AND CHARGES
Vendors agree that from time to time certain charges will be levied on you in the usage of our platform. The Charges may include but not restricted to service fee, taxes, tips and other applicable fees. CakeIT reserves the right to determine such charges. You are bound by the charges incurred by you in your own transactions. Payment on this platform is subject to the commission structure. The vendors agree to be bound by this structure as may be determined. In a situation where an unforeseen factor arises that fluctuates the market prices of ingredients or services to be rendered on this platform the company reserves the right to adjust the fees to accommodate such circumstances. The services by the company operates a platform that allows vendors to be payed in Dollars and/or Naira as the case may be.
Payment and charges for our services are facilitated and enabled by an Independent third party. Such third party is charged with the responsibility of processing and accepting payment on behalf of the company. This payment will then be disbursed to the vendors accordingly. The retainer of this payment processor is solely dependent on the discretion of the company. Their services may be reviewed from time to time and are liable to changes. These charges and payments will be made on the CakeIT website and Application through this payment facilitator.
On the usage of your card for payment, you may be asked to verify your details for authorization; this authorization is done by individual banks to ensure that your funds cover the fees charged. Should the authorization be charged by your bank, we are not liable for any additional charges that may result from the transaction.
WARRANTIES AND REPRESENTATIONS
- Vendors warrants to the company that the services will be performed by appropriately qualified and trained personnel, with due care and diligence and to such high standard of quality as is expected by the company in all the circumstances.
- Vendors are required and expected to treat all request as URGENT and IMPORTANT by reverting within the shortest time possible.
- The Vendor shall indemnify the Company against all liability, loss, damages and costs incurred or paid by the company as a result of or in connection with a breach of any warranty in relation to the services or any of the vendor’s personnel in connection with the performance of the services.
Provided that neither the Vendor or the company shall be liable to the other or be deemed to be in breach of the contract by reason of any delay in performance where such act or omission is beyond the party’s reasonable control, such being Act of God, explosion, fire or accident, civil disturbance or requisition, acts restrictions regulations, bye-laws, prohibitions or measure of any kind.
The vendors covenant to reasonably protect the confidential information of the company from disclosure by all reasonable means including the same level of care and discretion as it employs for its most crucial proprietary and trade secrets information but in no event less than reasonable care and discretion. It shall also prevent the disclosure, publication or dissemination of the confidential information.
You agree that you are solely responsible for your interactions with any other user in connection with the Services and Cake It World™ will have no liability or responsibility with respect thereto. Cake It World™ reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
These Terms of Service constitute the entire agreement between you and Cake It World™ and govern your use of the Services, superseding any prior agreements between you and Cake It World™ with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Cake It World™ agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Atlanta, Ga. The failure of Cake It World™ to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Cake It World™ , but Cake It World™ may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Services.