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Terms of Use

Welcome to the website of JYK Cakes (“Company”, “we” or “us”). The following terms and conditions , together with any documents they expressly incorporate by reference (collectively,  these “Terms of Use”), govern your access to and use of www.jykcakes.com, including any content, functionality and services offered on or through www.jykcakes.com (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start using the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use.  If you do not want to agree to these Terms of Use, you must not access or use the Website.

 

Changes/Modifications to the Terms of Use

We may revise, update or change these Terms of Use from time to time in our sole discretion. All changes will be effective immediately when we post them, and apply to all access to and use of the Website thereafter.  You waive any right you may have to receive specific notice of such changes, updated or modifications. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

Intellectual Property Right &Terms of use Limitations

Unless otherwise indicated, the Website and its entire contents, features, functionality and other materials herein (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the JYK Cakes.

These Terms of Use permit you to use the Website for your personal, informational, and shopping purposes only.  These Terms of Use do not permit any resale or commercial use of the Website or its contents. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website. You acknowledge and agree that you may not copy, distribute, sell, resell, or exploit for any commercial purposes any portion of the services, or any products accessible through JYK Cakes website.

 

Trademarks

The Company name, the Company logo, images of JYK Cakes, and all related names, logos, product and service names, designs and slogans are trademarks of the Company. You must not use such marks without the prior written permission of JYK Cakes. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

 

Linking Policies

The Site may contain links to other websites or to third party sellers of products and services. Such links are provided for your convenience only, and you access them at your own risk. We are not responsible for, and do not endorse, the content of any such sites, or the products and services sold on them, nor do we take responsibility for the accuracy of any such sites. When you visit a linked site you should read the terms of use and privacy policy that govern that particular linked site.

We welcome links to the Site but only in strict accordance with the Terms of use set in this policies. We reserve the right to revoke your right to link to the Site upon notice. If you receive such a notice from us, you agree to discontinue your link to the Site.

 

Changes to the Site

We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), the Site or any portion of the Site. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.

 

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

·         In any way that violates any applicable federal, provincial, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the Canada or other countries).

·         For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

·         To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

·         To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

·         To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

 

 

Cakes and Order Policies

·         Sweetness Cakes and Cupcakes  Cakes descriptions, designs and sizes are as indicated. Options regarding fillings and flavours  are indicated in the drop down menu. We require a minimum of 48 hours for cupcakes and 4 days for ‘Sweetness’ line cakes  prior to pick up date for all online orders. (Excluding, Mondays and/or holidays). No refund will be given if orders are cancelled within 48 hours or less (As the order would have already been in processed).

·         Custom Cakes & Cupcakes orders  Custom orders are not part of our Sweetness Cake Line, we require a minimum of 5-8 days’ notice and a minimum deposit of 50% deposit. Deposits are non-refundable if order is cancelled within 4 business days prior to pick up date. All orders must be finalized at least 4 days prior to pick up date. Changes to design, color, flavour, size, etc may not be made thereafter (As the order would have already being in process depending on the complexity).

All Custom Cake Prices are based on individual orders. Prices will vary based on the size of the cake(s), decoration complexity, icing and filling selections.

 

Indemnification

You agree to indemnify, defend and hold harmless JYK Cakes, its officers, directors, employees, affiliates, and agents, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your violation of these Terms and Conditions.

Third Party Rights

These Terms and Conditions are for the sole benefit of JYK Cakes, its officers, directors, employees, affiliates, and agents. No other person, including any user of the Web Site, shall have the right to assert a claim under these Terms and Conditions.

Disclaimer

JYK Cakes strives to maintain this web site and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the web site and/or its operation. As to the operation of the web site, JYK Cakes expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose.

JYK Cakes makes no warranty that (i) the operation of the web site will meet the user’s requirements; (ii) access to the web site will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the web site will be accurate or reliable; or (iv) defects will be corrected. You (and not JYK Cakes) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this web site.

Payment Agreement
You agree and acknowledge that all order(s) you place through JYK Cakes website, the full cost of item(s) you ordered will be assessed against your credit card, PayPal account or charge card. You agree and acknowledge that a command originating from your account constitutes an authorization for our payment system to charge this amount and you assume all liability for and shall promptly pay any and all charges. Without limiting the foregoing, you agree and acknowledge that you will pay assessed charges for any and all orders placed from your account. The payment system will provide you with reasonable notice of any material modification in the fees/prices charged for the services, which notice may be provided by posting the new fee schedule on the website.