Terms of Use

Last updated: 31st August 2021

Who we are and how to contact us

This page together with our Privacy Policy and our Cookie Policy sets out the terms and conditions (Terms) on which you place an enquiry (Enquiry) through our website www.onthecakestand.co.uk (Website).

Please read these Terms carefully and make sure that you understand them before confirming your acceptance. 

By accessing the Website and placing an Enquiry through it, you are agreeing to be bound by these Terms.

We reserve the right to change the Terms from time to time by changing them on this page. We advise you to print a copy of these Terms for future reference.

About us 

Who we are. We are On The Cake Stand Ltd (we, us), a company registered in England and Wales. Our company registration number is 13244126 and our registered office is The Cedars, School Lane, Great Barton, Bury St. Edmunds, England, IP31 2RQ.

How to contact us. You can contact us by emailing our customer service team at hello@onthecakestand.co.uk

How we may contact you. If we have to contact you we will do so by writing to you at the email address you provided to us.

Our Website and acceptance of these Terms

We provide an online directory service through which visitors and users of our Website (“Customers”) can access information about local bakers who are registered members of our Website (“Bakers”).

By using our Website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website.

There are other terms that may apply to you

These Terms refer to the following additional terms, which also apply to your use of our Website and services:

We may make changes to these Terms

We may need to amend these Terms from time to time. Every time you wish to use our Website, please check these Terms to ensure you understand the terms that apply at that time.

These Terms were last updated on the date stated at the beginning of these Terms.

We may make changes to our Website

We may update and change our Website from time to time to reflect changes to our services, our users’ needs and our business priorities.

We may suspend or withdraw our Website

Our Website is made available to Customers free of charge.

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our Website for business and operational reasons.

You are responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

We may transfer these Terms to someone else

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.

How you may use material on our Website

We own or are the licensee to the copyright and other intellectual property rights in the Service, including the Website and the materials (but excluding materials uploaded by the Baker, such as photographs and Cake descriptions) published on the Website. All such rights are reserved.

Do not rely on information on our Website

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website or any linked website, is accurate, complete, error free or up to date.

Without limiting the generality of the foregoing, we are not responsible for any content, communications, information, advice or other materials posted, submitted, communicated, shared, discussed or otherwise generated through our Website or linked websites, nor do we guarantee the truthfulness, accuracy, completeness or non-infringement of the same. Any actions you take or do not take based on, or related to, advertisements and listings on our Website are solely at your own risk.

We are not responsible for Websites we link to

Where our Website contains links to other sites and resources provided by third parties, including Bakers listed on our Website, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or any information, products or services you may obtain from them.

We have no control over the content of third party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you use any third-party links, you do so at your own risk.

Disclaimer

While we require Bakers to advertise their services truthfully, fairly and accurately, and we take reasonable steps to remove advertisements from our Website following any complaint from a Customer or another Baker, we have no control over the accuracy of any advertisement or the capacity of any Baker to fulfil its obligations to a Customer.

Similarly we have no control over whether a Customer can/cannot pay for goods/services it requests a Baker to provide.

As such, we disclaim all liability and responsibility for any loss or damage (including personal injury) suffered or incurred by you or another party arising from any related matters whatsoever.

If you wish to complain about an advert or listing posted by a Baker please contact us at hello@onthecakestand.co.uk.

Our responsibility for loss or damage suffered by you

Whether you are a Customer or Baker:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation,
  • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will be set out in our Baker Terms and Conditions.

If you are Customer:

  • Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If you are a Baker:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with (i) use of, or inability to use, our Website; or (ii) use of or reliance on any content displayed on our Website.
  • In particular, we will not be liable for: (i) loss of profit, sales business or revenue (whether direct or indirect); (ii) any indirect, economic or consequential loss of any kind (whether or not you have been advised of the possibility of any such loss arising); (iii) loss of business opportunity; (iv) loss or damage to goodwill or reputation; (iv) loss or corruption of data; or (v) loss of anticipated savings.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

Prohibited uses

You may use our Website only for lawful purposes. You may not use our Website:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To bully, insult, intimidate or humiliate any person.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of these Terms, including any photographs, or descriptions of cakes or bakes uploaded by Bakers.
  • Not to access without authority, interfere with, damage or disrupt: (i) any part of our Website; (ii) any equipment or network on which our Website is stored; (iii) any software used in the provision of our Website; or (iv) any equipment or network or software owned or used by any third party.

Disputes

Our Website acts as a directory only for Customers to view listings of, and obtain information about, services offered by Bakers and to contact them via an Enquiry Form. On The Cake Stand Ltd. is not acting as an agent, and is not a party to any contract for goods and services agreed between a Customer and Baker, nor does it offer such goods or services itself. On The Cake Stand Ltd. does not mediate between Customers and the Bakers in the event of any dispute arising between them.

Any issues or disputes that may arise between a Baker and Customer must be brought directly against each other and not On The Cake Stand Ltd.

Nothing in these Terms shall limit our right to take action against a Customer or Baker for breach of these Terms or otherwise comply with legal or regulatory investigations and/or proceedings.

Which country’s laws apply to any disputes?

If you are a Customer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a Baker, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

 

Bakers Terms and Conditions: The following apply to Bakers ‘Members’ only. Last updated 31st August 2021

1. Our Website and Services

(a) On The Cake Stand Ltd. provides an online directory service that connects visitors and users of the Website (“Customer”), with local bakers who are registered members of our Website (“Member”, “you”).

(b) In consideration of the Subscription Fee (defined and payable in accordance with clause 5) of these Terms and Conditions, we will list your business on our Website in specific geographical areas agreed with you (the “Services”).

(c) These Baker Terms and Conditions (“Baker Terms and Conditions”) together with our Website Terms of Use and Privacy Policy set out the terms and conditions upon which we will provide the Website and the Services to you. By signing these Terms and Conditions, or ticking the box online to indicate that you agree with these Terms and Conditions, you agree to be bound by these Terms and Conditions.

2. Intellectual Property

(a) We own all intellectual property rights in and to: (a) the Website and our Services (including the database, design, text, graphics and layout) and the software used therein; and (b) the names and marks “On The Cake Stand” and any other name or mark we may use in relation to our business and/or our Services from time to time (“Marks”) (together (a) and (b) shall be referred to as our “Intellectual Property”).

(b) You agree not to use or copy our Intellectual Property or any part thereof without our prior written consent.

(c) We grant you a non-exclusive, non-transferable, revocable, royalty-free, limited licence to use the Marks for the sole purpose of enabling you to identify that you are a Member of On The Cake Stand for advertising and marketing purposes. Any further use of Marks outside of the scope of this licence shall be subject to our prior written consent. All rights granted to you under or pursuant to this clause shall automatically terminate upon termination of your Membership and these Terms and Conditions for whatever reason.

(d) Any goodwill generated from your use of any of our Marks shall inure to our benefit.

(e) Any content you upload to our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties such as magazines and digital publications for marketing purposes. In this instance, Bakers work will always be credited.

(f) You grant to us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform any uploaded content in connection with the Services across different media (including to promote the Website or the Service).

(g) You must hold the ownership rights to all content uploaded to the Website by you, including images, graphics and text. You must not upload any content which belongs to someone else, or which you do not have permission to use.

(h) We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

3. Disclaimer

(a) We reserve the right to reject, remove and/or amend advertisements text, photographs, graphics or other material submitted for inclusion on the Website, which in our sole opinion is obscene, defamatory, infringes the copyright or other rights of any third party, or which is illegal or does not meet our standards. You are solely responsible for securing and backing up your content.

(b) We do not make any representation or endorsement of the creditworthiness or value of any visitor to the Website who contacts you as a result of your entry on the Website.

(c) We accept no liability for any transactions which take place between you and visitors or Customers that contact you via the Website, nor do we accept any responsibility or liability for any loss suffered by you or by any of your customers or any other person arising out of your entry on the Website, howsoever caused.

(d) You must not do, or omit to do, anything that could cause a customer to make a complaint or bring a claim against you or us. You agree to indemnify us for any loss or damage we suffer or incur as a result of any action brought against us relating to: (a) your entry on the Website; (b) any materials or information you supply to us during the course of the Services; (c) any service or product supplied by you to customers.

4. Member conditions

(a) By submitting your application form to us, you agree that the information you provide us on registration for the Service is full and accurate and not misleading or untrue in any way.

(b) It is your responsibility to update us of any changes to that information by updating your Account Profile or emailing hello@onthecakestand.co.uk

(c) Each registration for the Service is for a single user only. On registration, you will be allocated a user name and password (“ID”). You are responsible for all use of the Service using your ID and for preventing unauthorised use of your ID.

(d) Following the acceptance of your application for subscription to the Service by us, we will register your details on the Website and make the Service available to you.

(e) You must keep in force at all times valid public and/or product liability insurance cover relevant to the trade being advertised with us, up to date food safety and hygiene training (minimum Level 2) and appropriate business registrations as required by law.

5. Fees

(a) The fee for your subscription to the Website (“Subscription Fee”) is calculated and payable monthly or annually from the start of your Subscription (unless otherwise stated) in advance. We shall be under no obligation to provide the Service until the Subscription Fee has been paid.

(b) The Subscription Fee paid or payable under these Terms and Conditions are non-refundable notwithstanding termination of these Terms and Conditions for any reason.

6. Free Trials and Discount Codes

(a) Free trials and discount codes are offered at the discretion of On The Cake Stand Ltd and we reserve the right to withdraw free trials or discount codes at any time.

(b) The Free Trial or free period gained by use of a discount code begins when a Member submits their application form. The time taken for the Website to approve the Member is included within the time span of the Free Trial or free period gained by use of a discount code. Once the Member has been approved, it is the Member’s responsibility to update their Baker’s Account so that it meets the necessary requirements (clearly stated) for their profile to be displayed on the Website and be searchable by Customers.

7. Our obligations

(a) Included in the Subscription Fee is the provision of enquiries from potential customers which will be sent electronically via email to the email address nominated by you. This will provide you with instant access to the potential customer’s name and number allowing you to contact them back at your convenience to discuss an order.

(b) We both agree that it is in our mutual interest that the name and brand of “On The Cake Stand”, and thus the Members/Bakers of On The Cake Stand are both recognised and respected in the public eye. You also agree that it is in your interest for us to be able to remove from the Website and name any Baker who is undesirable, dishonest, unreliable, not qualified or otherwise brings the good name of On The Cake Stand and its members into disrepute or harms or impedes the development of our business.

8. Feedback

(a) We will be seeking feedback and references from people who make Enquiries to you through the Website.

(b) If we receive feedback from a customer claiming that a Member/Baker is undesirable, dishonest, unreliable or not of appropriate hygiene standard and we find their claims to be valid, we reserve the right to remove your details from and end your registration with the Website and use of the Service without any liability to you.

(d) We reserve the right to contact any customer who has submitted feedback to confirm the authenticity of their feedback.

9. Warranties

(a) We warrant that we will use all reasonable skill and care in providing the Services to you and in ensuring the availability of our Website during your Subscription.

(b) Notwithstanding the foregoing, because of the nature of the Internet, we do not guarantee that our Website, or any content on it, will always be available or uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons.

(c) We do not give any other warranties in respect of the Service and the Website. In particular, you should not take the accuracy of the information for granted and we make no warranty that the Website is free from infection by viruses or anything else that has contaminating or destructive properties.

(d) All implied conditions, warranties, representations or other terms that may apply to our Website and/or the Services are excluded from these Terms and Conditions to the extent that they may be excluded as a matter of law.

(e) You warrant and undertake that:

  • (i) you have the full right, power and authority to enter into these Terms and Conditions;
  • (ii) the performance of your obligations under or pursuant to these Terms and Conditions does not and will not violate any other agreement to which you are a party;
  • (iii) the information and materials you provide are, and will at all times be, full and accurate and not misleading or untrue in any way;
  • (iv) you will perform all services to end customers in a timely manner, in accordance with applicable law, and with the degree of skill, diligence and prudence which would reasonably and ordinarily be expected from a skilled and experienced person or body engaged in a similar type of undertaking under the same or similar circumstances;
  • (v) you will use your best efforts to settle any customer dispute acting at all times reasonably and in good faith;
  • (vi) you will fully co-operate with us in all matters relating to the Services, including any investigations we may carry out relating to a customer complaint;
  • and (vii) you will provide all documents, information, items and materials reasonably required by us as it relates to our provision of the Website and Services.

10. Confidentiality

(a) Both you and we agree that we will not: (i) disclose Confidential Information to any third party; (ii) use any Confidential Information aside from in connection with the fulfilment of our obligations under these Terms and Conditions or as expressly permitted in these Terms and Conditions; and (iii) that we will take all commercially reasonable measures to maintain the confidentiality of such Confidential Information in our possession or control, which will in no event be less than the measures we use to maintain the confidentiality of our own confidential information of similar importance.

(b) “Confidential Information” means any information disclosed to the other party, which is either marked as confidential or is disclosed in such a manner that it is reasonable to assume that the party disclosing it, expects the other party to keep it a secret.

(c) The obligations of this clause 10 do not apply to Confidential Information that: (i) is in or enters the public domain without breach of these Terms and Conditions; (ii) the receiving party lawfully receives from a third party who is not restricted, through a non-disclosure agreement or otherwise, from disclosing it; or (iii) the receiving party develops independently as evidenced by written documentation; or (iv) such Confidential Information that a party is compelled to disclose to a court or regulatory body.

(d) Notwithstanding the foregoing, each party is permitted to disclose Confidential Information to their professional advisors engaged to give advice in relation to these Terms and Conditions and to auditors, provided that such advisors or auditors agree to keep it confidential on the same or more restricted terms as set out in this clause 10.

11. Limitation of Liability

(a) We will use our reasonable endeavours to remedy faults in the Service and the Website. If we are in breach of these Terms and Conditions, you agree that your only recovery is for damages that you incur. Our total aggregate liability to you under or in connection with these Terms and Conditions, Website Terms of Use and Privacy Policy, whether in contract, tort (including negligence) or otherwise, shall be limited to an amount equivalent to the Subscription Fee paid or payable in relation to your use for the relevant month or year of the Service.

(b) We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with (i) use of, or inability to use, our Website or Service; or (ii) use of or reliance on any content displayed on our Website.

(c) In particular, we will not be liable for (i) any loss of profit, sales business or revenue (whether direct or indirect); (ii) any indirect, economic or consequential loss of any kind (whether or not you have been advised of the possibility of any such loss arising) ; (iii) loss of business opportunity; (iv) loss or damage to goodwill or reputation; (iv) loss or corruption of data; or (v) loss of anticipated savings. any business losses such as lost data, lost profits or business interruption arising from your use or inability to use the Service and/or the Website or from any action taken (or refrained from being taken) as a result of using the Service.

(d) Notwithstanding the above provisions of this clause 11, our liability will not be limited in the case of fraud or for death or personal injury caused by our negligence.

12. Reservations

(a) We reserve the right to expand, change or revise the Service as our business grows or as conditions provide. As such, we may need to make changes to these Terms and Conditions from time to time and which we will notify to you in writing.

(b) If any provision in these Terms and Conditions are deemed or found by any competent court or authority to be invalid or not binding, we agree that such provision shall be severable from the rest of these Terms and Conditions, which shall remain fully in force.

(c) Neither you nor we shall be liable for any failure to perform our obligations hereunder, if such failure results from any act of riot, war, civil unrest, flood, earthquake or other cause beyond reasonable control (which shall not include failure caused by negligence or the financial condition of either party).

13. Privacy Policy

The information that you provide about yourself to us will only be used by us in accordance with our Privacy Policy, available on our Website. Please read the Privacy Policy carefully and if you have any questions, please email hello@onthecakestand.co.uk

14. Termination

Without prejudice to any of our rights or remedies, these Terms and Conditions and your access to our Website and the Service may be terminated by us with immediate effect (or following such notice period as we see fit), by giving written notice to you if:-

(a) the circumstances referred to in clauses 7(b) and 8(b) apply;

(b) you do not pay the Subscription Fee on the due date for payment and you remain in default after being notified in writing to make such payment;

(c) you commit a material breach of any of these Terms and Conditions or Website Terms of Use, and (if such breach is remediable) you fail to remedy that breach within a period of 7 days after being notified in writing to do so;

(d) you repeatedly breach any of these Terms and Conditions or Website Terms of Use in such a manner as to reasonably justify our opinion that your conduct is inconsistent with it having the intention or ability to give effect to those terms;

(e) you fail to provide goods or services (in full or in part) to a customer who has paid for the same;

(f) you give any false or misleading information, or make any misrepresentation in connection with your membership with us and/or your business and services you provide;

(g) in our reasonable opinion, you do, or permit to be done, any act which might jeopardise or invalidate the registration of the Marks or you do any act which might assist, or give rise to, an application to remove the Marks, or which might prejudice our right or title of the Marks or Intellectual Property;

(h) in our reasonable opinion you have become involved in any situation which: (i) is to have a negative effect on our reputation of or any aspect of our business; (ii) would expose us or any aspect of our business to disrepute, scandal, ridicule or contempt, or would tend to shock, insult or offend the public in any territory in which we operate; or (iii) reflects unfavourably on our reputation, our brand or services. Such conduct shall be deemed a material breach incapable of remedy for purposes of clause 13(c). Our decision on all matters arising under this clause shall be conclusive; and

(i) we are prevented for any reason from providing the Website or rendering the Services for more than either five consecutive business days or 14 business days in the aggregate.

(j) You acknowledge and agree that any breach of clause 2(b), clause 2(c), clause 3(d), and clause 4(a)  shall automatically constitute a material breach for the purposes of clause 14(c).

(k) Either party may terminate these Terms and Conditions with immediate effect by giving written notice to the other if that other party (being a company) passes a resolution for winding up (otherwise than for the purposes of a solvent amalgamation or reconstruction) or a court makes an order to that effect or (being a partnership or other unincorporated association) is dissolved or (being a natural person) dies, or if either party becomes or is declared insolvent or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors or has a liquidator, receiver, administrator, administrative receiver, manager, trustee or similar officer appointed over any of its assets or ceases or threatens to cease to carry on business.

(l) Upon termination of these Terms and Conditions for any reason:

  • (i) your access to our Website and our Services shall immediately cease;
  • (ii) you shall cease to operate under the On The Cake Stand name and Marks, and not hold yourself out as a On The Cake Stand member or do anything that may indicate any relationship between you and us;
  • (iii) you shall immediately stop using our Intellectual Property, including the Marks, and take all necessary steps to remove our Intellectual Property (and Marks) from your paperwork, vehicles, website and so on;
  • (iv) you must immediately cease to provide services to any customers and/or potential customers that have been referred to you via our Website and Services, provided always that you must, and you hereby agree to, fulfil any ongoing services and obligations you have to customers relating to services commenced by you or have otherwise contracted to provide prior to the date of termination;
  • (v) you shall return to us all equipment, documents, materials and property belonging to us that we have provided to you in connection with the Services under these Terms and Conditions.

(m) Action will be taken against you, should any of the conditions set out in clause 14(l) not be adhered to by you.

(n) Any provision of these Terms and Conditions that expressly or by implication is intended to come into or continue in force on or after termination of these Terms and Conditions shall remain in full force and effect.

(o) Termination of these Terms and Conditions shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these Terms and Conditions which existed at or before the date of termination.

15. General

(a) We may transfer and/or assign our rights and/or our obligations under these Terms and Conditions and this will not affect your rights. You may not transfer any of your rights or obligations under these Terms and Conditions.

(b) If you breach these Terms and Conditions and we ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these terms.

(c) These Terms and Conditions, together with the Website Terms of Use and Privacy Policy and any additional terms on the Service, represent the entire terms agreed between us in relation to its subject matter.

(d) These Terms and Conditions shall be governed by English law.

(e) We will try to solve any disagreements quickly and efficiently. If you want to issue court proceedings in relation to these Terms and Conditions you must do so in the United Kingdom.

(f) We will from time to time use the information that you provide about yourself to send you marketing material relating to our products and services we provide or relating to products and services supplied by carefully selected associates or third parties that we believe may be of interest to you.

 

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