Booking means the process wherein a Consumer confirms acceptance of a Registered Supplier Quotation.
CakeServer means CakeServer Pty Ltd, ABN 36 629 610 519.
CakeServer Estimate means the estimated cost of a product as determined by CakeServer's design and quotation system.
CakeServer Fee means the portion of the Deposit retained by CakeServer in consideration of the CakeServer Services.
Consumer means any person or entity that uses CakeServer's Services to book the purchase of a product.
Registered Supplier means a cake products supplier that has been through the Supplier Registration process.
Registered Supplier Default shall be deemed to have occurred when the Registered Supplier has accepted the job, but later defaults on the job at no fault of the consumer. A Registered Supplier Default does not include Consumer dissatisfaction with a delivered Registered Supplier Product, or where the Consumer decides to terminate the contract with the Registered Supplier of their own volition.
Registered Supplier Quotation means the independent quotation produced by a Registered Supplier in response to the job information sent to that Registered Supplier by CakeServer.
Supplier Registration means the process of on-boarding a registered supplier as detailed in 10.1 of this User Agreement.
Services means CakeServer's design, quotation and booking system.
User means any user of the CakeServer website, including but not limited to Consumers and Registered Suppliers.
Thank you for choosing CakeServer. By using the services on our website (youcakeserver.com) ("Services") you agree to abide by the following terms with CakeServer Pty Ltd, ABN 36 629 610 519.
To use CakeServer's Services, you must first read and agree with this User Agreement. By accepting this User Agreement, you agree that this User Agreement will apply whenever you use the Services. The User Agreement applies to all Users, including but not limited to Consumers and Registered Suppliers.
Users of CakeServer's Services agree that they shall not:
Your privacy is important to us. CakeServer shall not provide your personal information to third parties for their marketing purposes without your express consent. We use your information only for the purposes of providing the CakeServer Services. The information you provide to us shall be stored on CakeServer's systems and we shall use our best endeavours to ensure the security of this data. If you have objections to this use of your data, please do not use CakeServer's website or Services.
Use of CakeServer's Services is free of charge for Consumers until a Booking is made. When a Booking has been made, the Consumer commits to entering a binding contract with the Registered Supplier for the provision of Registered Supplier Services at the cost of the Registered Supplier Quotation.
A Deposit shall be made by the Consumer to CakeServer at the time of the Booking. This Deposit will be 25% of the CakeServer Estimate, regardless of the value of the Registered Supplier Quotation. 10% of the CakeServer Estimate shall be retained by CakeServer in consideration of the CakeServer Services (CakeServer Fee), the remainder of the Deposit shall be paid by CakeServer to the Registered Supplier following the Registered Supplier's confirmation of the Booking.
The Deposit is non-refundable, except in the event of Registered Supplier Default. Evidence of the Default must be presented to CakeServer by the Consumer. Where it can be established on a reasonable basis, subject to CakeServer's discretion, that Registered Supplier Default has occurred:
While CakeServer strives to ensure it maintains an adequate number of professionals as Registered Suppliers on their system, it can make no guarantee that there will be a Registered Supplier able to provide a Registered Supplier Quotation or accept all jobs submitted through CakeServer's platform.
CakeServer is the owner of Copyright in all website content. All know-how and trade secrets developed by CakeServer in the process of building and running the CakeServer platform shall be the sole property of CakeServer. No right is granted to any other person or entity to use the outputs of the CakeServer system for any purpose other than that expressly stated in this User Agreement.
Copyright in any materials produced by Users on CakeSever's website shall be the held by CakeServer. Originators of this IP shall have a non-exclusive licence to use the copyright materials for the purpose of obtaining a quotation through the CakeServer system. This licence does not include the right to use these materials for any other purpose.
Copyright in images uploaded by Suppliers to CakeServer's website shall be held by the originator of the work. Suppliers warrant that they have the rights to upload, distribute, and use the images for promotional purposes including the rights to sublicense. By uploading images to CakeServer, Suppliers grant CakeServer a licence to use and distribute the images for purposes including but not limited to website promotion, Supplier identification, quote evaluation and marketing. CakeServer's licence is granted for as long as Suppliers are registered on CakeServer's website and shall be terminated upon a Supplier's deregistration and withdrawal from CakeServer's services.
All users indemnify CakeServer, its officers, directors, agents, subsidiaries and investors against any claim, including legal fees and costs, made against us by any third party due to or arising out of your breach of this User Agreement. All users indemnify CakeServer against the infringement of any law or the rights, including intellectual property rights, of a third party in the course of using CakeServer's Services.
To be eligible to register as a Supplier on CakeServer's website, a person or entity must complete the on-boarding process including but not limited to the provision of:
Estimated service area (within a designated distance of the registered business address); and
Statement indicating compliance with applicable laws and regulations as detailed in 7.4 of this User Agreement.
All Registered Suppliers hereby indemnify CakeServer from any direct or consequential loss they may incur in association with the use of the Services. Registered Suppliers will indemnify and hold CakeServer harmless regarding any harm, loss or damage incurred by Consumers as a result of the Registered User's provision of products or services to that Consumer.
This User Agreement does not give rise to a relationship of employment or agency between CakeServer and any Registered Supplier. Registered Suppliers quoting on and accepting jobs through CakeServer's Services operate as independent entities who provide their own goods and services to Consumers. CakeServer's relationship with Registered Suppliers is limited to the passing through of quotes, the booking system and passing forward of the deposit to facilitate the transaction.
Registered Suppliers shall ensure that they possess all insurance relevant to their business activities, and that they comply with any and all relevant Commonwealth, State and Local legislation and regulations in their area.
Failure to comply with, or provision of false information regarding any of the provisions of this User Agreement shall give CakeServer the right to terminate a User's status as a Registered Supplier.
Any term of this User Agreement which is void, invalid, or unenforceable by any jurisdiction shall be severed from the Agreement without affecting the validity of the other provisions of this User Agreement.
This agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of the courts of New South Wales.