Terms and Conditions

These Terms of Use (“Terms”) govern buyers' use of the websites and mobile applications provided by Cakeup (or referred to as “us”) (collectively the “Platforms”). Please read these Terms carefully. By accessing and using the Platforms, buyers agree that buyers have read, understood and accepted the Terms including any additional terms and conditions and any policies referenced herein, available on the Platforms or available by hyperlink. If buyers do not agree or fall within the Terms, please do not use the Platforms.

The Platforms may be used by (i) natural persons who have reached 18 years of age and (ii) corporate legal entities, e.g companies. Where applicable, these Terms shall be subject to country-specific provisions as set out herein. 

Users below the age of 18 must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for buyers actions and any charges associated with buyers use of the Platforms and/or purchase of Goods. If buyers do not have consent from buyers' parent(s) or legal guardian(s), buyers must stop using/accessing the Platforms immediately. 

Cakeup reserves the right to change or modify these Terms (including our policies which are incorporated into these Terms) at any time. buyers are strongly recommended to read these Terms regularly. buyers will be deemed to have agreed to the amended Terms by buyers continued use of the Platforms following the date on which the amended Terms are posted.

1. Cakeup

1.1 Who we are 

Depending on which Platform buyers and vendors access and use, these Terms form the contract between buyers and the following Cakeup entities:

1.2 What we do for the buyers and vendors

Through our Platforms, Cakeup links buyers to the Chefs (“Vendors”) to order a variety of goods including prepared meals, non-prepared food and miscellaneous non-food items (hereinafter collectively referred to as "Goods") to be delivered to buyers. When the buyer places an order for Goods from our Vendors (“Order”), Cakeup acts as an agent on behalf of that Vendor to facilitate, process and conclude the order and subsequently for either us or the Vendor to deliver the Order to the buyer. Vendors may be owned and operated by third party vendors, our affiliate companies, or us.

1.3 How to contact us

For customer support, buyers and vendors may reach out to us via email at info@cakeup.shop or through our in-app customer support chat feature, social channels.

2. Use of the Platform and Cakeup Account

2.1 buyers and vendors will need to register for a Cakeup account to use the Platform. Buyers can use a guest checkout “login free”.  When buyers and vendors register for a Cakeup account we will ask buyers and vendors to provide personal information including a valid email address, a mobile phone number and a unique password. To purchase an Order, depending on which payment method buyers opt for, buyers may need to provide us with buyers credit card details. buyers and vendors unique password should not be shared with anyone and buyers and vendors agree to keep it secret at all times. buyers and vendors are solely responsible for keeping buyers and vendors password safe. Save for cases of fraud or abuse which are not buyers and vendors fault, buyers and vendors accept that all Orders placed under buyers Cakeup account are buyers sole responsibility. 

2.2 Cakeup shall not be liable for Orders that encounter delivery issues due to incomplete, incorrect or missing information provided by buyers. buyers are obliged to provide information that is complete, accurate and truthful for the proper processing of the Order, including buyers delivery address and contact information.

2.3 If buyers and vendors wish to delete Cakeup accounts, please send us an email requesting the same. We may restrict, suspend or terminate buyers and vendors Cakeup account and/or use of the Platforms, if we reasonably believe that: 

2.3.1 someone other than buyer and vendors is using buyers and vendors Cakeup account; or 

2.3.2 where buyers and vendors are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, our policies and guidelines, or involved in activity or conduct which we deem in our sole discretion to be an abuse of the Platforms.

3. Restrictions

3.1 Activities Prohibited on the Platforms

The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Platforms. Cakeup reserves the right to investigate and take appropriate legal action against anyone who, in Cakeup's sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to the following:

3.1.1 using the Platforms for any purpose in violation of local, state, or federal laws or regulations;

3.1.2 posting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;

3.1.3 posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Cakeup in its sole discretion or pursuant to local community standards;

3.1.4 posting content that constitutes cyber-bullying, as determined by Cakeup in its sole discretion;

3.1.5 posting content that depicts any dangerous, life-threatening, or otherwise risky behavior;

3.1.6 posting telephone numbers, street addresses, or last names of any person;

3.1.7 posting URLs to external websites or any form of HTML or programming code;

3.1.8 posting anything that may be “spam,” as determined by Cakeup in its sole discretion;

3.1.9 impersonating another person when posting content;

3.1.10 harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;

3.1.11 allowing any other person or entity to use buyers identification for posting or viewing comments;

3.1.12 harassing, threatening, stalking, or abusing any person on the Platforms;

3.1.13 engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, in the sole discretion of Cakeup, exposes Cakeup or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or

3.1.14 encouraging other people to engage in any prohibited activities as described herein. 

3.2 Cakeup reserves the right but is not obligated to do any or all of the following:

3.2.1 investigate an allegation that any content posted on the Platforms does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content;

3.2.2 remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;

3.2.3 suspend or terminate a user’s access to the Platforms or their Cakeup Account upon any breach of these Terms;

3.2.4 monitor, edit, or disclose any content on the Platforms; and

3.2.5 edit or delete any content posted on the Platforms, regardless of whether such content violates these standards.

4. Intellectual Property

All trademarks, logos, images, and service marks, including these Terms as displayed on the Platforms or in our marketing material, whether registered or unregistered, are the intellectual property of Cakeup and/or third parties who have authorised us with the use (collectively the “Trademarks”). buyers and vendors may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of Cakeup's trademarks on any other website not approved by us is strictly prohibited. Cakeup will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. Cakeup neither warrants nor represents that buyers use of materials displayed on the Platforms will not infringe rights of third parties not owned by or affiliated with Cakeup. Use of any materials on the Platforms is at buyer's own risk.

5. Restrictions on Goods 

5.1 Alcohol / Alcoholic Products (“Alcohol”) 

5.2 Any offer for any Alcohol and Tobacco made on the Platforms is void when it is prohibited by law.

6. Orders

6.1 When buyers place an Order with Cakeup, Cakeup will confirm buyer's order by sending buyers a confirmation email containing the Order receipt. Orders will include delivery fees and any applicable tax (e.g. goods and services tax, value-added tax, etc.). 

6.2 Special Instructions – Cakeup and the Vendor (as the case may be) reasonably endeavour to comply with buyers special instructions for an Order. However in some cases where this is not feasible, possible or commercially reasonable, Cakeup and/or the Vendor reserve the right to proceed to prepare the Order in accordance with standard operating procedures. Neither Cakeup nor the Vendor shall be responsible to replace or refund an Order which does not conform to special instructions provided by buyers. 

6.4 Allergens – Cakeup is not obligated to provide ingredient information or allergen information on the Platforms. Further, Cakeup does not guarantee that the Goods sold by Vendors are free of allergens. However, Vendors on Cakeup are requested to fulfill all goods information, including allergens and nutritions details. If buyers have allergies, allergic reactions or dietary restrictions and requirements, please check all goods details and if not sure, contact the Vendor before placing an Order on our Platforms.

6.5 Please note that buyers' orders may be subject to additional terms and conditions provided by the Vendor. 

6.6 Placing the Order

To complete an Order, please follow the onscreen instructions after clicking ‘Checkout’. buyers may be required to provide additional details for us to complete buyers Order. buyers are required to review and confirm that all the information buyers provide, including the amounts, delivery details, personal details, payment information, and voucher codes (if applicable) is true, accurate and complete before buyers click “Pay now”. An Order is successfully placed when buyers receive an email confirmation containing buyers Order receipt from us.

6.8 Cancelling an Order 

6.8.1 Please contact us immediately via our in-app customer support chat feature if buyers wish to cancel buyers Order after it has been placed. buyers have the right to cancel buyers Order provided a Vendor has not yet accepted buyers Order. 

6.8.2. Vendors can refuse to provide the goods.

6.8.3 Refunds

(i) Online Payment Orders

buyers have the right to a refund for a cancelled Order only if a Vendor has not yet accepted buyers Order. Should buyers still decide to cancel the buyer's Order after it has been accepted by the Vendor, buyers understand that no refunds (whether in whole or in part) will be issued to buyers and buyers forfeit the delivery of buyers' cancelled Order. 

(ii) Cash-on-Delivery Orders 

buyers have the right to cancel buyer's Order only if a Vendor has not yet accepted buyers Order. Should buyers still decide to cancel the buyer's Order after it has been accepted by the Vendor, buyers understand that buyers shall forfeit the delivery of buyers' cancelled Order and cash-on-delivery may be removed from buyers list of available payment methods for buyers future orders.

6.9 Cakeup reserves the right to cancel any Order and/or suspend, deactivate or terminate buyers Cakeup account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with buyers Cakeup account and/or with buyers Order. 

7. Prices and Payments

7.1 Prices quoted on the Platform shall be displayed in the applicable country’s national currency and subject to applicable tax. Prices and offers on the Platforms may vary from the prices and buyers accept that offers offered by our Vendors (either on their own websites, mobile applications, or at their brick-and-mortar outlets). 

7.2 The way we display the prices of our Goods may vary depending on the Vendor, and the prices reflected on our Platforms may: 

7.2.1 include GST, VAT or such other equivalent tax; or 

7.2.2 exclude GST, VAT or such other equivalent tax. 

A breakdown of the prices and additional charges are displayed before Checkout. When buyers place an Order, buyers agree to all amounts, additional charges and the final ‘Total’ amount which is displayed to buyers. 

7.3 Delivery fees are chargeable on every Order unless: 

7.3.1 buyers opt to collect buyers Order directly from the Vendor (“Pick-Up”); (only in selected countries where available)

7.3.2 buyers have a valid promotional or discount voucher and apply it at Checkout; or 

7.3.3 unless stated otherwise.

7.4 Prices indicated on the Platforms are as at the time of each Order and may be subject to change. 

7.5 buyers can choose to pay for an Order using any of the different payment methods offered on the Platforms including: 

7.5.1 Our payment partners: Visa, Mastercard, American Express, Google Pay, PayPal, Apple Pay, Braintree, Stripe; (depend from country) 

7.5.2 Cash-on-Delivery where available; or 

7.5.3 Such other payment methods we offer from time to time. 

7.6 If buyers have existing credit in buyers Cakeup account or valid promotional or discount vouchers, buyers can use this pay for part or all of buyers Order as the case may be. 

7.7 After an Order is successfully placed, buyers will receive an email confirmation from us with an Order receipt. Delivery fees will not appear in buyers Order receipt if buyers opt for Pick-Up.

7.8 Payment Methods 

Cakeup reserves the right to offer additional payment methods and/or remove existing payment methods at any time at its sole discretion. If buyers choose to pay using an online payment method, the payment shall be processed by our third party payment service provider(s). With buyers consent, buyers credit card / payment information will be stored with our third party payment service provider(s) for future orders. Cakeup does not store buyers credit card or payment information. In Hong Kong, Cakeup makes use of the services of Paypal / Stripe. for the handling and processing of payments transactions for buyers purchase on the Platforms and for customer support issues related to these payments such as dispute management, refunds cancellations and returns, and if applicable, local consumer law matters. 

7.9 buyers must ensure that buyers have sufficient funds on buyers credit and debit card to fulfil payment of an Order. Insofar as required, Cakeup takes responsibility for payments made on our Platforms including refunds, chargebacks, cancellations and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms. Payments made directly on Chef’s account are not of Cakeup responsibility.

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