Last updated: 29 Sep 2021 16:28
Please read this Terms of Service (“Terms,” “Terms of Service”) carefully before using the cake.agency Website (the “Website”) operated by Apex eCommerce Ltd, a(n) Private Limited Company formed in England (“us,” “we,” “our”) as this Terms of Service contains important information regarding limitations of our liability. Our company registration number is 08533799. Our address is 95 Northwood Street, Birmingham, B3 1TH. Our phone number is 01214390750. Our VAT number is 236865966. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.
You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:
This website is provided “as is,” no warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to this website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.
We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. If you determine that there is an error on this Website, or any invoices or purchase orders sent to you by us, please inform us immediately using the contact information below. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.
In no event shall Apex eCommerce ltd be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, relating to or in any way connected with your access to, display of or use of this website or with the delay or inability to access, display or use this website, including but not limited to your reliance upon opinions or information appearing on this website; any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this website, whether based on a theory of contract, tort, strict liability, consumer protection statutes or otherwise, even if Apex eCommerce ltd has been advised of the possibility of such damages.
Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.
Cake does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.
Damages and limitation of liability
In no event shall Apex eCommerce ltd be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, relating to or in any way connected with your access to, display of or use of this website or with the delay or inability to access, display or use this website, including but not limited to your reliance upon opinions or information appearing on this website; any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this website, whether based on a theory of contract, tort, strict liability, consumer protection statutes or otherwise, even if Apex eCommerce Ltd has been advised of the possibility of such damages.
This website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Intellectual property and DMCA notice and procedure for intellectual property infringement claims
All contents of this Website are ©2021 Apex eCommerce Ltd or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Apex eCommerce Ltd and are either registered trademarks, trademarks or otherwise protected intellectual property of Apex eCommerce Ltd or third parties in England and/or other countries.
If you are aware of a potential infringement of our intellectual property, please contact Chris Thomas at firstname.lastname@example.org.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.
If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:
Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.
Governing law, severability, dispute resolution and venue
These Terms shall be governed and construed in accordance with the laws of England, without regard to its conflict of laws provisions.
THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in England.
We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service.