TERMS OF SERVICE (USE OF WEBSITE)
This website is operated by Cake Avenue . Throughout the site, the terms “we”, “us” and “our” refer to Cake Avenue . Cake Avenue offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Cake Avenue The Prime Rib Singapore Pte. Ltd. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Cake Avenue , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 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, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Cake Avenue and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of #04-01/31 Mandarin Gallery, 333A Orchard Rd, 238897
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].
TERMS AND CONDITIONS (ORDERS)Cake Avenue (We) are governed by these terms and conditions. By making an order with us, the user (you) agrees to be bound by these terms and conditions. We reserve the right to amend or alter these terms and conditions without notice to the user. 1. Placing a cake order 1.1. Availability All orders are subject to acceptance and availability. If the product you have purchased is not in stock, we will make necessary contact to update on the status. You will have the option of changing the item, or cancel the order which we will refund on the amount paid for the item. 1.2 Prices The final price payable for items are set out in the order form. All prices are inclusive of all taxes and is correct at the time of placing the order. There will be no further discount or waiver of fees deviating from the final amount.
1.3 Payment terms We will require a minimum of 50% deposit in the form of cash, credit card, nets, fund transfer or credits upon confirmation of cake order. The balance amount can be paid upon collection or delivery of item.
1.4 Fulfilment of order Your order constitutes an offer to us to buy a product. After placing an order, you will receive an order number from us. If you notice an error in the order confirmation, you have to notify us as soon as possible. If notification is done less than 72 hours in advance, we may not be able to rectify the error. If you wish to add or change details of the customised cake order, we will require minimum 5 days advance notice. For changes in date or time of delivery, we all be able to accommodate you, subject to kitchen space being available to permit us to make your product, provided that you notify us with a minimum of 2 days advance notice. 1.5 Delivery & Collection The products ordered by you can only be delivered to the delivery address provided by you to us, or collected at our store within a given time slot which is informed by you to us. Changes in delivery address and timing has to be done minimum 2 days before the event. Delivery charges is not refundable for same day cancellations. We do not take responsibility of non delivery of item due to wrong date or address provided. If for any reason no one is present to receive delivery of the products at the delivery address you have provided to us during the allocated time slot, the delivery man will wait for maximum of 10 minutes. If it is to no avail, we will take the product back and retain the same for 24 hours during which time you may call us to either arrange for self collection or re-delivery by us (subject to availability) upon payment of a further delivery charge. We shall not be liable for any failure to perform the delivery within stipulated time-slot, where such failure or delay results from any circumstances outside our reasonable control including but not limited to any fire, flood, explosion, accident, adverse weather conditions traffic congestion, mechanical/vehicular breakdown, obstruction of any private or public highway, riot, government act, act of war, terrorism, act of God, or from any industrial dispute or strike whatsoever. We will ensure due care to store the product in the fridge due to a non delivery, but do not take responsibility in the deterioration in the aesthetics and quality of the product. Upon delivery or collection of the product, you can check the product and ensure that it is accepted in good condition. Thereafter, we will no longer be responsible for the state of the product.
1.6 Cancellation of order In the event that the order needs to be cancelled after an order form number has been issued, please note that cancellation policy as follows: More than 2 weeks notice: 25% cancellation charge Less than 2 weeks notice: 50% cancellation charge Less than one week notice: 100% cancellation charge The cancellation charge will be offset from the deposit, or charged to the credit card number provided if prior payment has not been made to the card. Please note that there will not be waivers considered even due to unforeseen circumstances to ensure fairness to both cake makers and other fellow customers. Any refunds after off-setting the cancellation charges will be offered in the form of credit notes. Please note that there will be strictly no cash refunds.
1.7 Returns Policy We do hope that you will be pleased with your purchase. However, if upon collection or delivery of the products, you find that these are not those ordered by you ( for example, the colour or wordings is incorrect), please notify us immediately and we will endeavour to rectify it as soon as possible. If rectification is not possible and you would like to keep the product, we will provide you with a reasonable discount off the item. We will make every effort to display as accurately as possible the colours of the products that appear on our site and to ensure that the colours on screen are as close as the colours of the actual product. However, the colour of the product on the screen may differ with the actual product due to difference in monitor, screen settings and resolution. Accordingly, we will not accept the return of the product because it does not match the colour you were expecting from viewing from your screen display. As cakes/figurines/decorations are hand made item. Despite our best efforts, we cannot promise 100% identity of the final product to the display photo. This may be due to availability of materials, works of different chefs, humidity conditions etc. In the event that you wish to return the product, we will credit or refund your purchase in the same mode of payment that you had made for the product. But since taste is subjective and based merely on perspective, we will only make a refund if the product is defected due to our mistake, and not for other reasons. We will have no liability to you for any direct or indirect loss, emotional distress resulting from this incident. Legal ownership of the product will immediately be reverted to us if we refund such payment to you. 1.8 Dispute Resolution Please note that if you have a dispute with us which cannot be resolved amicably, you can approach CASE at hotline 6 1000 315 or [email protected]. 1.9 Product Illustration
All pictures shown are for illustration purpose only. Actual product may very due to product enhancement and due to availability of decorations.
*Product enhancement - lightings, angle of product placement and etc
2. TERMS & CONDITIONS (Prepayment Module)
2.1 Member sign up You will need to sign up as a member to top up credits into your account. You are required to do your own sign up and top up of credits. Our staff may aid in the process, but will not help in authorising any payment on your part. It will be at the customer’s own discretion to pay for the top up.
2.2 Dollar Credits We offer different top up denominations to cater to different needs. There will not be other top up values other than those offered in the module. The top up can be done at our website, mobile app or physical store. Top ups will be represented as dollar credits in your account.
2.3 Bonus Credits Other than the standard incentives provided for day to day top ups, we may give special incentives on certain dates or seasons. Special credits that are given by us will be represented as bonus credits in your account. Bonus credits will only be awarded during the promotional period. We do not provide concessions for top ups before or after the promotional period.
2.4 Use of credits Credits can be used to offset any purchase of any item available at our website, mobile app or physical store. Credits are not applicable for venue bookings. During a purchase, the dollar credits will be used prior to the bonus credits. The bonus credits will only be deducted after all the dollar credits are used up. 2.5 Fraudulent transactions In the event that you suspect a fraudulent charge on your account, please notify us immediately so that we can suspend any further activities. We do not hold responsibility for such charges. 2.6 Refund of Credits As this is a prepayment scheme, un-used credits will be stored in your account for future offsets. We will be able to refund credits by cheque less admin charge of $10, and commission rate of 4% (if top up of credit was done using nets or credit card). 2.7 Closing of Account In the event that you wish to close your account, we will require you to notify us in writing. The dollar credits will be refunded back to you by cheque less admin charge of $10, and commission rate of 4% ( if top up of credit was done using nets or credit card). In the event that you wish to reinstate your account in future, please note that it will be treated like a new account. 2.8. Uses of VouchersWe only allow use the use of one voucher per transaction, and may not be valid with other promotions.3. Rejection of order We reserve the right to reject any orders without providing an explanation. 4. Our Right to vary these Terms & Conditions We have the right to revise and amend these Terms and Conditions from time to time. You will be subject to the policies and Terms and Conditions in force at the time that you order the product from us.