CAKE TERMS OF SERVICE FOR USERS OF THE CAKE MOBILE APPLICATION

INTRODUCTION

These are the terms and conditions (“Terms”) on which CAKE Technologies Limited (“CAKE”, “we”, “us” or “our”) makes the App available to Users, subject to any rules or policies applied by any App Store provider or operator from which the User downloaded the App.

By downloading the App, Users accept and agree to be bound by these Terms, including CAKE's Privacy Policy [https://www.thecakeapp.com/privacy-policy] and Cookie Policy [https://www.thecakeapp.com/cookies].

We may modify these Terms at any time. All updated versions will be displayed on this page. Where appropriate, we will notify Users of changes to these Terms either by emailing Users (at the email address entered by them on the App) or by posting a notice on the App.

DEFINITIONS

When the following words are used in these Terms, this is what they will mean:

App: the mobile application operated by us which allows a User to locate a Venue, open a Tab at a Venue, pay for his/her purchases at the Venue, and other related services offered from time to time.

Payment Processor: a PCI DSS compliant payment gateway selected by CAKE from time to time, to store, process and transmit a User's credit or debit card payment data, including Braintree.

Device: a User's mobile telephone, smartphone or handheld device.

Tab: the digital medium through which the Venue communicates to the User(s) the total amount payable to the Venue by a particular group and through which the User(s) can pay a proportion of the total amount.

Tab Holder: the person in whose name the Tab is opened.

User(s): customers who sign up with CAKE and download and use the App.

Venue: a restaurant, bar or other provider of food and/or beverages which supports the App.

SIGNING UP

To use the App, the User must first sign up to CAKE. The User agrees to provide accurate and up-to-date information at all times, including:

  • first name and last name;
  • email address; and
  • valid credit or debit card details.

Users will be connected to the Payment Processor to complete the sign-up details by providing credit or debit card details. Once the Payment Processor has verified the User’s credit or debit card details, the User’s account will be activated. If the credit or debit cards cannot be verified by the Payment Processor, CAKE reserves the right to refuse the User access to and use of the App.

Users can import the relevant information in 1. and 2. above from an existing third party account, such as Facebook or Google. Users consent to our collection and use of their personal information, including profile photographs, if they follow this course of action.

USING THE APP

CAKE will make reasonable efforts to ensure (but does not warrant that) the App is operational 24 hours a day, 7 days a week. Notwithstanding this, Users hereby acknowledge that their use of the App may be interrupted from time to time, for example, when we perform maintenance services or as a result of delays or delivery failures resulting from the use of communications networks and facilities.

We reserve the right to suspend a User’s access to or use of the App without notice in the event he/ she breaches these Terms or if we reasonably suspect he/ she has breached the Terms.

We accept no liability for any interruptions to or suspensions of the User’s use of the App. This does not affect the User’s obligation to pay any outstanding amounts on open Tabs (as may be notified to the Users by CAKE).

In the unlikely event that there is any defect with the App, please contact CAKE as soon as reasonably possible. Whilst we do not warrant that the App will be error-free or that we will be able to fix all defects, we will use our reasonable endeavors to do so.

UNACCEPTABLE USE OF THE APP

Except as expressly set out in these Terms or as permitted by any local law, the User agrees not to:

  • copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
  • rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
  • disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing; or
  • provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us.

The User must not:

  • use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by using fraudulent bank cards, or hacking into or inserting malicious code, including viruses, or harmful data, into the App;
  • transmit any material that is defamatory, offensive or otherwise objectionable in relation to the User’s use of the App;
  • use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App.

VENUE

You acknowledge that any purchases the User makes using the App are the subject of a contract between the User and the Venue.

Users may choose to open or join a new Tab at every Venue. It is the Tab Holder's responsibility to ensure that the information inputted to a Tab is accurate and reflects the goods purchased by him/ her and all other Users who have joined that Tab from the Venue. CAKE is not responsible for ensuring the accuracy of the Tab. Any queries or issues with the total of the Tab should be directed to the Venue. CAKE's obligation is only to facilitate the payment of the amount shown on the Tab.

All Users can use the App to apportion amounts of payments, but it is the responsibility of the Tab Holder to ensure that the full amount is settled. A Venue will not close a Tab until it has been settled in full.

TAB HOLDER’S LIABILITY

The Tab Holder is responsible for ensuring that the full amount of the Tab is paid to the Venue, including in respect of goods that are included on the Tab but which were ordered by people other than the Tab Holder. If there is any amount outstanding on the Tab when the Tab Holder leaves the venue, the Tab Holder acknowledges and agrees that such amount will be automatically deducted from his/her credit or debit card recorded against his/ her account, plus a 5% administration fee, any VAT and/or additional charges incurred by the Venue in relation to the Tab Holder’s visit to the Venue on that particular occasion (including, by way of example only, damage caused to the Venue by the Tab Holder or other User’s on the same Tab, or reservation/ minimum spend charges). CAKE is not liable to cover any outstanding amounts on a Tab.

REFUNDS

CAKE will not process a refund unless it is verified by the relevant Venue. The following actions must be taken by the User immediately following payment of an incorrect amount (“Incorrect Payment”):

  • The User must inform the Venue that they have made an Incorrect Payment; and
  • Within 48 Hours of receiving an email from CAKE which confirms the User’s payment, the User must email a refund request to support@thecakeapp.com, with full details of his/her payment, the name of the Venue and why they require a refund (“Refund Request”).

A Refund Request received outside the 48 hour period will not be accepted unless there are exceptional circumstances as determined by CAKE in its sole discretion. CAKE reserves the right to refuse any Refund Request that it is not able to verify with the relevant Venue.

Once a Refund Request is verified, CAKE will contact the User who must elect either to have:

  • a credit attributed to their account to be applied towards future Tabs; or
  • a refund to their credit or debit card(s).

Credits and refunds will be processed within seven (7) working days.

CAKE CREDIT

“CAKE Credit” refers to credit which is issued by CAKE to a User’s account and is able to be redeemed on purchases made at Venues using the App.

From time to time, you will be given the opportunity to earn CAKE Credit by making purchases at Venues using the App (“CAKE Credit Offer”). The time at which a Tab is opened on the App will determine whether a User is eligible for the CAKE Credit Offer. For example, if a CAKE Credit Offer is only valid between the hours of 7pm and 9pm, Users paying through a Tab opened at 6:45pm will not be issued CAKE Credit. All other terms and conditions that apply to a CAKE Credit Offer (including participating Venues and the dates and time during which CAKE Credit is able to be earned) will be displayed to you in the App.

CAKE Credit will be issued to the User’s account within 24 hours of the relevant Tab being settled.

CAKE may also, in its sole discretion, award CAKE Credit to a User’s account.

The following terms and conditions apply to a User’s use of CAKE Credit:

  • A User can choose when and how much value of CAKE Credit is to be redeemed against the User’s proportion of the Tab amount.
  • If the value of the User’s proportion of the Tab is greater than the value of the CAKE Credit, the remaining amount shall be payable by the User using the App.
  • CAKE Credit will expire without notice if: (a) a User does not use his/her account for a period of 12 months; or (b) a User deletes his/her account. CAKE Credit which has expired becomes void and may not be used.
  • A User may transfer CAKE Credit from his/her account to another User’s account but only for such period as the App permits such functionality.
  • CAKE Credit has no cash value and cannot be exchanged for cash.
  • All standard terms and conditions set out in these Terms apply when making purchases on the App using CAKE Credit.

If a User has a complaint relating to the amount of CAKE Credit issued or not issued to his/her account, the User must inform CAKE as soon as possible and provide CAKE with all information it reasonably requests. Provided CAKE issues the correct amount of CAKE Credit to a User’s account a reasonable period of time after receiving a complaint, CAKE shall have no further liability to the User.

CAKE Credit which is either: (a) erroneously issued to a User’s account; or (b) issued in respect of an Incorrect Payment which is later refunded to the User, may be later deducted from that User’s account without notice or liability.

INTELLECTUAL PROPERTY RIGHTS

In consideration of the User agreeing to abide by these Terms, CAKE grants the User a non-transferable, non-exclusive licence to download and use the App on the Device for his/ her personal purposes only, subject to compliance with these Terms.

You acknowledge that all intellectual property rights in the App anywhere in the world belong to CAKE or its licensors, that rights in the App are licensed (not sold) to the User, and that the User have no rights in, or to, the App, other than the right to download a copy of the App and use it in accordance with these Terms. You acknowledge that the User have no right to have access to the App in source-code form. CAKE reserves all other rights.

DISCLAIMER OF WARRANTIES AND CAKE’S LIABILITY

The User acknowledges that the App has not been developed to meet his/her individual requirements, and that it is therefore the User’s responsibility to ensure that the facilities and functions of the App meet the User’s requirements.

We only provide access to and use of the App for domestic and private use. The User agrees not to use the App for any commercial, business or resale purposes, and we have no liability to the User for any loss of profit, loss of business, business interruption, or loss of business opportunity.

CAKE will only be liable to a User for any loss or damage suffered by the User and which is a foreseeable result of our breach of these Terms or our negligence, up to the limit specified below. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by the User and us at the time the User entered into these Terms.

CAKE’s maximum aggregate liability under or in connection with this agreement, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to £100.

Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

TERMINATION

Users acknowledge that they cannot exercise their legal right to cancel their order for the supply of the App (as digital content) if the download process has started upon their request. However, the User is able to immediately uninstall the App from his/her Device if he/ she wishes, and in doing so will terminate these Terms.

We may terminate these Terms immediately by written notice to the User if the User commit a material or persistent breach of these Terms which the User fail to remedy (if remediable) within 14 days after the service of written notice requiring the User to do so.

On termination for any reason, all rights granted to the User under these Terms shall cease and the User must immediately uninstall the App from his/her Devices.

INFORMATION ABOUT US & HOW TO CONTACT US

If the User have any questions or complaints the User can contact CAKE by e-mailing us at support@thecakeapp.com or by writing to us at CAKE Technologies Limited, Royle Studios, 41 Wenlock Road, London N1 7SG.

If CAKE has to contact the User it will do so by e-mail to the address provided during the sign-up process.

HOW WE MAY USE YOUR PERSONAL INFORMATION

You provide us with information when the User sign up to CAKE. CAKE will also collect information from all of its Users about their use of the App. Our use of this information is subject to CAKE's Privacy Policy. By using CAKE, the User consent to use of that information and warrant that all information provided by the User is accurate.

You may be offered the option to link one or more social networking profiles to the User’s profile on CAKE. Where the User choose to link a profile, for the avoidance of doubt, CAKE will not post any updates on the User’s behalf on social networks, without the User’s express permission.

OTHER IMPORTANT TERMS

CAKE may transfer its rights and obligations under these Terms to another organisation, and will always notify the User in writing if this happens, but this will not affect the User’s rights or its obligations under these Terms.

You may only transfer the User’s rights or the User’s obligations under these Terms to another person if CAKE agrees in writing.

This contract is between the User and CAKE. No other person shall have any rights to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

If CAKE fails to insist that the User perform any of the User’s obligations under these Terms, or if it does not enforce its rights against the User, or if it delays in doing so, that will not mean that it has waived its rights against the User and will not mean that the User do not have to comply with those obligations. If CAKE does waive a default by the User, it will only do so in writing, and that will not mean that it will automatically waive any later default by the User.

These Terms, its subject matter and its formation are governed by the laws of England and Wales. Users hereby agree that the courts of England and Wales shall have the exclusive jurisdiction to deal with any dispute or claim arising out of or in connection with these Terms or their subject matter or formation.

Last updated 14th November 2016 by CAKE Admin