Delivery, Pick-Up and Vendor Delivery
8.1 Delivery Areas
Delivery areas may expand, shrink or change depending on weather and traffic conditions and situations of force majeure.
8.2 Delivery Time
8.2.1 Cakeup shall deliver buyers Order to the delivery address provided by buyers. delivery times shall vary depending on factors that are not controlled by us (e.g. order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). buyers acknowledge that the delivery time we provide is only an estimate and Orders may arrive earlier or later. To ensure that buyers do not miss a delivery of an Order, buyers should ensure that either buyers or someone is at the delivery location to receive the Order once an Order is placed.
8.3 Unsuccessful or Failed Deliveries
8.3.1 In cases where we attempt to deliver an Order but we are unable to do so due to the reasons caused by buyers, including but not limited to:
(i) no one was present or available to receive the Order; or
(ii) customer was uncontactable despite attempts to reach the customer via the phone numbers provided; or
(iii) lack of appropriate or sufficient access to deliver the Order successfully;
(iv) lack of a suitable or secure location to leave the Order; or
8.3.2 No-show Cancellations
If buyers remain uncontactable or fail to receive the Order within ten (10) minutes from the time the Order arrives at buyers delivery address, Cakeup reserves the right to cancel the Order without refund or remedy to buyers.
8.4 Wrong Order, Missing Items, Defective Goods
8.4.1Upon receipt of buyers Order, if buyers discover that there are issues with buyers Order (e.g. wrong order, defective order, or missing items) please contact customer support via one of the methods indicated in Clause 1.3 above immediately. In some cases, Cakeup may request for photographic proof and/or additional information to properly investigate the issue with buyers Order. If we determine that the Order and/or Goods buyers received are not of satisfactory condition or quality, we will compensate buyers for buyers Order or parts of buyers Order.
8.4.2 Cakeup will only compensate for the defective order where the “Live tracking” photo protocol was activated and filled properly with the cake's pictures.
8.4.3 Whereas in the “live tracking”, vendors' photos will be missing, Cakeup will fully refund the goods.
8.4.4 Whereas in the “live tracking”, Buyers photo will be missing, Cakeup will not refund the goods.
8.5 Vendors due diligence:
8.5.1 Vendors must guarantee a safe and clean packaging for the goods. The goods ready for delivery, must be exactly the same as in the photo on Cakeup.
8.5.2 Vendors are fully responsible for all the “Food and Hygiene” safety regulation within the country of the production and delivery.
8.6 Cakeup rules and responsibilities. Cakeup is a platform to facilitate the meeting of buyers and vendors and is not responsible for any issue caused by,and not limited to, low food quality, deteriorated food, bad temperature control due to vendors negligence, delivery company negligence or Buyer negligence.
9. Vouchers, Discounts and Promotions
9.1 From time to time, Cakeup may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once.
9.2 Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers.
9.3 Unless otherwise stated, Vouchers can only be used on our Platforms.
9.4 Vouchers cannot be exchanged for cash.
9.5 Cakeup reserves the right to void, discontinue or reject the use of any Voucher without prior notice Individual restaurants terms & conditions apply
9.6 We may exclude certain Vendors from the use of Vouchers at any time without prior notice to buyers.
10. Representations, Warranties and Limitation of Liabilities
10.1 Representations and Warranties
buyers acknowledge and agree that the content on the Platforms are provided on an “as is” and “as available” basis, and that buyers use of or reliance upon the Platforms and any content, goods, products or services accessed or obtained thereby is at buyer's sole risk and discretion. While Cakeup makes reasonable efforts to ensure the provision of the Platforms and the services we offer, are available at all times, we do not warrant or represent that the Platforms shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure.
Limitation of Liability
To the extent permitted by law, Cakeup (which shall include its employees, directors, agents, representatives, affiliates and parent company) exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which buyers or any third party may incur in connection with our Platforms, our services, and any website linked to our Platforms and any content or material posted on it. buyers exclusive remedy with respect to buyers use of the Platforms is to discontinue buyers use of the Platforms. The Cakeup entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from buyers use of the Platforms or for any other claim related in any way to buyers use of the Platforms. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the Cakeup entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Cakeup, the Cakeup entities, its agents, representatives and service providers' liability shall be limited to the extent permitted by law.
10.3 Vendor’s representations
Cakeup shall neither be liable for actions or omissions of the Vendor nor buyers in regard to provision of the Goods and where Vendor Delivery applies to buyers Order. Cakeup does not assume any liability for the quantity, quality, condition or other representations of the Goods and/or services provided by Vendors or guarantee the accuracy or completeness of the information (including menu information, photos and images of the Goods) displayed on the Vendor’s listing/offering on the Platform. Nothing in these Terms shall exclude Vendor’s liability for death or personal injury arising from Vendor’s gross negligence or willful misconduct. Refer to Vendors Code of conduct.
11. Vendor Liability
Vendors are responsible for the preparation, condition and quality of Goods. In cases of Vendor Delivery, Vendors are responsible for delivery of the Goods and/or Orders. Cakeup shall not be liable for any loss or damage arising from buyers contractual relationship with the Vendor.
12. Personal Data (Personal Information) Protection
Buyers and vendors agree to indemnify, defend, hold harmless Cakeup, its directors, officers, employees, representatives, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from buyers use of the Platforms or buyers breach of these Terms.
14. Third Party Links and Websites
The Platforms may contain links to other third party websites and by clicking on these links, buyers agree to do so at buyers own risk. Cakeup does not control or endorse these third party websites or links and shall not be responsible for the content of these linked pages. Cakeup accepts no liability or responsibility for any loss or damage which may be suffered by buyers in relation to buyers access and use of these third party links and websites.
Cakeup has the right to terminate, suspend or delete buyers account and access to the Platforms, including any delivery service we provide to buyers in respect of an Order, for any reason, including, without limitation, if Cakeup, in its sole discretion, considers buyers use to be unacceptable, or in the event of any breach by buyers of the Terms. Cakeup may, but shall be under no obligation to, provide buyers a warning prior to termination of buyers use of the Websites.
Cakeup may amend these Terms at any time in its sole discretion. The amended Terms shall be effective immediately upon posting and buyers agree to the new Terms by continued use of the Platforms. It is buyers and vendors responsibility to check the Terms regularly. If buyers do not agree with the amended Terms, whether in whole or in part, buyers must stop using the Platforms immediately.
18. Governing Law
These Terms shall be governed and construed in accordance with the laws of the country / courts of jurisdiction in which the relevant Cakeup entity is incorporated as set out in the table below. The following courts will have jurisdiction over any dispute or claim arising out of or in connection with the use of the Platforms:
19. Contact Us
If buyers wish to contact us regarding any questions or comments buyers may have, please send an email to our customer support email firstname.lastname@example.org or via our in-app customer support chat feature.
20. Prevailing Language
In the event of a dispute as to the Terms, the English version shall prevail. The English language version of these Terms shall control in all respects and shall prevail in case of any inconsistencies with translated versions.