CakeFriend.co Terms and Conditions

Last updated: April 15, 2024

By accessing or using CakeFriend.co, you agree to be bound by these latest terms and conditions. If you do not agree with any part of these terms and conditions, you may not access CakeFriend.co.

CakeFriend.co reserves the right to update or modify these terms and conditions at any time without prior notice. It is the responsibility of users to review these terms periodically for changes. The latest version of the terms and conditions will be effective immediately upon posting. Continued use of CakeFriend.co after any modifications constitutes acceptance and agreement to the updated terms and conditions.

1.1 Platform Overview:

CakeFriend.co is an online platform where users can design cakes by selecting and positioning cake items from participating cake shops. Users can then place orders for their customized cakes. We have two types of users: customers (order recipients) and cake shops.

The CakeFriend.co platform is intended for use solely within its website and associated applications. Users agree not to extract, copy, or use any data or functionalities of the CakeFriend.co platform outside of its intended purpose without explicit authorization.

1.1.1 Customer Responsibilities:

1. Customers select a cake shop, design their cake based on the available items and prices, choose a delivery (if available) or pickup method, select a ready day, and provide accurate personal information for the checkout process.
2. Orders are guaranteed to be received on the specified day, but not at specific hours or time frame. If we fail to complete your order on the specified day, you have the right to request a 100% refund within 7 calendar days.
3. Customers cannot cancel orders once placed.
4. Customers must be available to pick up the cake or receive it on the specified day. If the customer fails to do so, the cake shop will store the cake for 7 calendar days. After this period, ownership of the cake transfers to the cake shop.

1.1.2 Cake Shop Responsibilities:

1. Cake shops receive notifications of orders and are committed to completing them based on the specified reservation day.
2. If a cake shop cancels an order within 24 hours, CakeFriend may inquire about the reason. Frequent illogical cancellations may result in the closure of the cake shop's online store.
3. Cake shops are responsible for checking their store settings regularly, including availability, pickup and delivery options, off-days, available items and prices, reservation spots, minimum order amounts, and maximum delivery distances.
4. Cake shops must complete the order, on the reservation day selected by the customer, otherwise the order will be canceled and fully refunded to the customer.
5. Cake shops must take a picture of the cake before handing it to the customer and store it for up to 10 days.
6. Cake shop is responsible for ensuring the accuracy of its own tax filings.

1.1.2.1 Order Discrepancies:

If the prepared cake differs from the ordered cake or is damaged, customers should contact us at hi@cakefriend.co with a picture of the cake and the order ID. CakeFriend will determine if there is a discrepancy. If a discrepancy is found, the cake shop will receive a notice. Frequent discrepancies may result in the closure of the cake shop's online store.

There is no refund for minor differences, but CakeFriend may refund 100% for significant discrepancies, as determined by CakeFriend.

1.1.2.2 Allergy Notes:

Allergy clarification and notes are not provided. Customers with specific allergies (including but not limited to lactose, peanut,...) are responsible to not order a cake, since there are significant risks of items containing allergens.

1.2 Payment and Charges:

1. Any local taxes are added to cake item prices and delivery fees (if applicable).
2. Pickup is free of charge.
3. Cake shops are not allowed to charge customers directly. All costs are paid through CakeFriend at the time of ordering.
4. Delivery fee is paid to the delivery facilitator by the customer.
5. CakeFriend attempt to transfer the net revenue to Cake shops (items’ price of each order minus the CakeFriend commission which is determined and agreed on the partner registration forms or on a written agreement), at the end of each month if the total to be paid amount is exceeding $100 CAD

1.3 Tax Obligation:

CakeFriend collects sales tax and some specific local authorization tax, and transfers it to the cake shop. Cake shops are responsible to remit and file the taxes to their own local authorization.

1.4 Service Guarantee:

CakeFriend does not guarantee the availability or uptime of the platform. Cake shops acknowledge that the platform may be unavailable at any time for various reasons.

CakeFriend may adjust Item Revenue transfers collected on behalf of cake shops for reasons such as failure to fulfill orders. Cake shops may dispute such adjustments within fourteen (14) calendar days. CakeFriend reserves the right to collect adjustments from cake shops via deduction from Item Revenue or other means.

By using CakeFriend.co, you agree to abide by these terms and conditions. We reserve the right to update or modify these terms and conditions at any time without prior notice. It is your responsibility to review these terms periodically for changes. If you continue to use CakeFriend.co after any modifications, you accept and agree to the updated terms and conditions. If you have any questions or concerns about these terms and conditions, please contact us at hi@cakefriend.co.

2. Issue Resolution

If you encounter any problems, issues, or have inquiries regarding the CakeFriend.co platform or its services, we encourage you to reach out to our dedicated support team at hi@cakefriend.co. Our team of professionals is committed to providing prompt assistance and resolving any concerns you may have.

Whether you have questions about using the platform, need help navigating its features, or encounter technical difficulties, our support team is here to help. Additionally, if you experience any disruptions in service, encounter errors, or have suggestions for improvements, we value your feedback and encourage you to communicate with us.

At CakeFriend.co, we prioritize customer satisfaction and strive to ensure a seamless and enjoyable experience for all users. Your feedback and communication are essential in helping us maintain the highest standards of service excellence.

For urgent matters or issues requiring immediate attention, please don't hesitate to contact us at hi@cakefriend.co. We are dedicated to addressing your concerns promptly and efficiently to ensure your continued satisfaction with our platform.

3. Age Requirement

Users of CakeFriend.co must be at least 18 years of age to access and use the platform. By using CakeFriend.co, you confirm that you are at least 18 years of age or the age of legal majority in your jurisdiction (if different than 18). Users under the age of 18 are prohibited from using CakeFriend.co and should refrain from accessing the platform.

4. Dispute Resolution

a. Dispute Resolution to be by Arbitration:

1. All Disputes arising out of or in connection with the Agreement, or in respect of any legal relationship associated with or derived from the Agreement, will be finally and conclusively resolved by arbitration, on an individual basis, under the Arbitration Rules (“ADRIC Rules”) of the ADR Institute of Canada, Inc. (“ADRIC”), except as modified herein. The ADRIC Rules are available by searching www.google.ca to locate “ADRIC Arbitration Rules”. ADRIC may also be contacted at 1-877-475-4353 or www.adric.ca.
2. The governing law, known as the Seat of Arbitration, will be Ontario. The language of the arbitration will be English or French, at your choice.
3. The arbitration hearings and meetings may be held at any location(s) the arbitrator considers appropriate. Arbitration hearings may be conducted by telephone, email, the Internet, videoconferencing, or other communication methods, unless the arbitrator disagrees.
4. If any portion of this Dispute Resolution provision is unenforceable, the remainder of this Arbitration Provision will be enforceable. This Arbitration Provision survives the termination of your relationship with CakeFriend.co, and it continues to apply if your relationship with CakeFriend.co is ended but later renewed.
5. This Dispute Resolution provision applies to, without limitation, Disputes arising out of or relating to interpretation or application of this Agreement, including the formation, scope, enforceability, waiver, applicability, revocability or validity of this Dispute Resolution provision or any portion of this Dispute Resolution provision.

b. Class Action Waiver:

1. Both CakeFriend.co and users agree to bring any Dispute in arbitration on an individual basis only, and not on a class or collective basis on behalf of others. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action, or for users to participate as a member in any such class or collective proceeding.

c. Arbitration Process:

1. Before starting arbitration with ADRIC, the party bringing the claim in arbitration must first deliver a written Notice of Request to Arbitrate (“Notice”) within the limitation period that would apply if the claim were brought in a Court. The Notice must include contact information for the parties, the legal and factual basis of the claim, and the remedy sought and amount claimed.
2. Before the Notice is delivered to ADRIC, the party bringing the claim shall first attempt to informally negotiate with the other party, in good faith, a resolution of the Dispute, claim or controversy between the parties for a period of not less than 30 days but no more than 45 days unless extended by mutual agreement of the parties. If the parties cannot reach an agreement to resolve the dispute within this negotiation period, the party bringing the claim may deliver the Notice to ADRIC.

Disclaimer of Warranties:

This clause applies only to the maximum extent permitted by Applicable Law, and does not (and is not intended to) override any rights that Cake shop has pursuant to Applicable Law. CakeFriend and its Affiliates provide, and Cake shop accepts, the CakeFriend Tools and CakeFriend App on an "as is" and "as available" basis. CakeFriend and its Affiliates do not represent, warrant or guarantee that Cake shops's access to or use of the CakeFriend Tools or CakeFriend App: (i) will be uninterrupted or error free; or (ii) will result in any requests for orders of Items (and delivery, if applicable). CakeFriend and its Affiliates make no representations, warranties or guarantees as to the actions or inactions of Customers who may request or receive Items (and delivery services, if applicable), and CakeFriend and its Affiliates do not screen or otherwise evaluate Customers. By using the CakeFriend Tools, Cake shop acknowledges and agrees that Cake shop or a Delivery Person may be introduced to a third party that may pose harm or risk to Cake shop, Delivery Persons or other third parties. Cake shop and their cake shop Managed Delivery Persons are advised to take reasonable precautions with respect to interactions with third parties encountered in connection with the use of the CakeFriend Services and CakeFriend Tools. CakeFriend does not represent, warrant or guarantee the safety of any Items. Notwithstanding CakeFriend’s appointment as limited payment collection agent of Cake shop for the purpose of accepting payment from Customers on its behalf, CakeFriend and its Affiliates expressly disclaim all liability for any act or omission of Cake shop, any Cake shop Managed Delivery Persons, any Customer or other third party.

Each Recipient agrees that it will not disclose the Discloser’s Confidential Information to any third parties other than Representatives, or use it in any way other than as necessary to perform this Agreement. Each Recipient will ensure that Confidential Information will only be made available to those of its Representatives who have a need to know such Confidential Information and who, prior to any disclosure of such Confidential Information, are bound by written obligations of confidentiality with respect to such Confidential Information that are no less stringent than those set forth in this Agreement. Recipient will cause its Representatives to comply with the terms of this Agreement and will be solely responsible for any breach of this Agreement by any of its Representatives. Each Recipient will not, and will not authorize others to, remove or deface any notice of copyright, trademark, logo, legend, or other notices of ownership from any originals or copies of the Discloser’s Confidential Information. The foregoing prohibition on use and disclosure of Confidential Information will not apply to the extent: (i) the Discloser has authorized such use or disclosure (and Cake shop hereby authorizes CakeFriend to disclose the terms of this Agreement to Cake shop’s franchisees in connection with executing contracts that reference this Agreement with such franchisees) and (ii) a Recipient is required to disclose certain Confidential Information of the Discloser as a matter of law or by order of a court, provided that the Recipient gives the Discloser prior written notice of such obligation to disclose (to the extent legally permissible) and reasonably assists in obtaining a protective order prior to making such disclosure. Upon expiration or termination of this Agreement and as requested by Discloser, each Recipient will deliver to the Discloser (or destroy at the Discloser’s election) any and all materials or documents containing the Discloser’s Confidential Information, together with all copies thereof in whatever form. Neither party makes any representation or warranty that Confidential Information is complete or accurate; all Confidential Information is provided "as is".

Copyright and Intellectual Property:

All content, including but not limited to, codes, graphic designs, and associated intellectual property belonging to PonderBloom Inc., is protected under copyright law. Any unauthorized use, sharing, alteration, modification, or any other form of utilization of our intellectual property is strictly prohibited without explicit authorization from PonderBloom Inc.

Liability

You agree that CakeFriend.co is not liable to you or to any third party for damages of any kind that result from the use of the Services, inability to access data, or unauthorized access of your data or account. CakeFriend.co is also not liable for damages of any kind related to actions of any third party that uses the Services, or any other consequences related to the Terms or Services.

CakeFriend.co, owned and operated by

PonderBloom Inc.
mail: 264 Queens Quay W, #111
Toronto, ON, M5J 1B5, Canada
company email: contact@ponderbloom.com
cakefriend email: hi@cakefriend.co