The Cake Solution website (“the Site”) is owned and operated by The Sweet Patch Ltd (‘The Supplier’) trading as “The Cake Solution”.
The Supplier may share and/or swap information, including Personal Information, with other Supplier related companies, affiliates, licensors and licensees (collectively referred to as “the TCS Entities”). The Supplier and the TCS Entities provide the Site so that customers are able to place online orders with participating The Cake Solution (“TCS”) stores located withinThe United Kingdom. Some TCS stores are independently operated and owned by Franchisees.
By using, browsing and/or accessing the pages or services in the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (‘T&C’s’). If you do not agree to these T&C’s, please do not use the Site. You also agree to provide us with your consent to receive any required notices (if any). You acknowledge that these T&C’s contain disclaimers and other provisions that limit the Suppliers or the TCS Entities’ liability to you. You further agree that you will not use the Site for any unlawful purpose. In the event that you do not wish to be bound by these T&C’s, please do not use browse or access the Site.
All orders are accepted and handled in accordance with the conditions below and the customer accepts these conditions by using the Site.
1. Governing law
The Supplier controls and operates this site on servers in a secure hosting facility. These T & C’s are governed by the laws of The United Kingdom. You and the Supplier agree to submit to the non-exclusive jurisdiction of the courts of The United Kingdom. You hereby waive any and all jurisdictional and venue defences that might otherwise be available to you.
2. Revisions to T & C’s
The Supplier may revise or amend these T&C’s at any time at our absolute discretion by posting revised terms. You agree that, in the event that any portion of these T&C’s is found to be unenforceable, the remainder of these T&C’s remain in full force and effect. Any revisions will be effective immediately and by your continued use of the Site, you agree to the T&C’S as amended. If you do not agree to the new posted T&C’s, you agree that your only remedy is to discontinue your use of the Site.
Whist The Supplier and the TCS Entities’ seek to make reasonable efforts to provide accurate and timely information about the various products and services offered by The Supplier on the Site, the Supplier cannot guarantee that the information provided is always up to date and correct or that the Site contains all the relevant information available.
3. Site content, ownership, and use restrictions
The material on the Site is protected by copyright under the laws of The United Kingdom and other countries through international treaties. Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by the Supplier and the TCS Entities.
The display of the Contents is not intended to be a comprehensive compilation of all of the Suppliers worldwide proprietary ownership rights and the Supplier may own or control other proprietary rights in one or more countries outside of The United Kingdom. All rights not expressly granted are reserved.
4. Advertising & Links to Third Party Websites
This site may contain information from or hyperlinks and other pointers to internet websites operated by third parties. Such information or websites are not under the control of the Supplier and/or the TCS Entities nor is the Supplier or the TCS Entities responsible for the contents of any such information or website. The Supplier and/or the TCS Entities provide such information and hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by the Supplier and/or the TCS Entities. You rely on such information or websites entirely at your own risk. You are referred to the relevant third party websites for all information regarding the third parties products and/or services. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third party website.
5. Personal, non-commercial use
Permission is granted to display, copy, distribute, download, and print in hard copy portions of this Site solely for the proper and reasonable purposes of: a. Placing an order with the Supplier; or b. Using this site as a shopping resource, provided that you do not modify the site and that the Supplier retain all copyright and other proprietary notices contained in the Contents. You must not, without our prior written permission, exploit any of our site materials for commercial purposes or other purposes that are not expressly permitted under these T&C’s.
You agree not to use the Site for any purpose that is unlawful or may be deemed as unlawful or prohibited by the T&C’s, or to cause damage on or through use of the Site. You warrant to the Supplier that none of your communications with or through the Site will violate any applicable, local, state, federal, provincial, national, or international laws and/or regulations or infringe upon the rights of any third party or contain libellous, defamatory, obscene or abusive material.
6. Prohibited conduct
You are not authorised, without the prior written permission of the Supplier and any other owner of rights in content that you access via the site, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from that content. No trademark (whether registered or otherwise) that is contained on this site or otherwise used by the Supplier may be used without our prior, specific, written permission or that of the trademark owner.
The content and material on the Site is provided for lawful purposes only and any other use or modification of the content and materials found on the Site violates the intellectual property rights of the Supplier and/or the TCS Entities. The Supplier and/or the TCS Entities retain complete and full title and intellectual property rights to all content and materials found on the Site. You may not sell, modify, reproduce, repost or convert any contents and/or materials on the Site in any manner inconsistent with these T&C’s.
7. Licence to use
You grant the Supplier a perpetual, irrevocable, non-exclusive, fully-paid, royalty-free licence to use any material, information, expression of ideas and ideas that you transmit to this site or otherwise provide to the Supplier from the time you authorise it to be sent without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party.
You agree that this license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, and/or license the submission, and all rights therein, in the name of the Supplier and/or the TCS Entities or their designees throughout the world in perpetuity, in all media now or hereafter known or created. In addition, you warrant that any “moral rights” (if any) pertaining to any copyrighted materials have been waived.
8. User conduct
You must not upload, post, transmit or otherwise make available through this Site any material which: – violates or infringes the rights of others (including their privacy and intellectual property rights); – is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person; – encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; restricts or inhibit the Supplier any other user from using the site; – affects the functionality or operation of the site or the Supplier servers or the functionality or operation of any user’s computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly); or – breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require the Supplier to take remedial action under any applicable industry code.
You agree to indemnify and will keep the Supplier indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by the Supplier in connection with your use of this site, your breach of these T&C’s or your breach of any rights of third parties. Buying products from our website, Products may vary between the Supplier retail stores and those found on the Supplier website.