Terms of Service

BEFORE DOWNLOADING OR STREAMING THE APP FROM THIS WEBSITE OR SIGNING UP FOR AN ACCOUNT TO USE OUR SERVICES PLEASE READ THE TERMS OF THIS LICENCE. AND ONLY USE THE APP OR THE SERVICES IF YOU AGREE TO THESE TERMS. OTHERWISE DO NOT DOWNLOAD THE APP, AND IF YOU HAVE ALREADY DONE SO, THEN DELETE ALL COPIES OF IT.

This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and Efriends Limited, a company incorporated in the United Kingdom with company number 09115738 and registered office LA Financial Services, 60 Neasden Lane, London. NW10 2UW (Licensor, us or we) for the Cake Club mobile application software, the data supplied with the software, and the associated media (App).

We license use of the App to you on the basis of this EULA and subject to any rules or policies applied by any Appstore provider or operator including those of the Apple App Store from whose site (Appstore), the End-user downloaded the App (Appstore Rules). We do not sell the App to you. We remain the owners of the App at all times.

Operating system requirements This App requires an iPhone or iPad running iOS 7.1 or above, and Internet access in order to download content.

Important notice:

You should print a copy of this EULA for future reference.

AGREED TERMS

  1. ACKNOWLEDGEMENTS
    1. The terms of this EULA apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply.
    2. A copy of these terms as amended from time to time is available on our website CakeClub.me (Our Site) at www.cakeclub.me/terms.html. We suggest you check back occasionally to check whether we have updated our Site so as to ensure you are aware of any amendments that apply to your continued use of the App. Your continued use of the App shall constitute your agreement to any such amendments.
    3. From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms.
    4. You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2(a) (Devices) to download a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
    5. The terms of our privacy policy from time to time, available at http://cakeclub.me/privacy.html (Privacy Policy) are incorporated into this EULA by reference and apply to your use of the App. Additionally, by using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
    6. By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
    7. The App will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use the App, you consent to us and our affiliates' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based products and services as further explained in our Privacy Policy. You may withdraw this consent at any time by turning off the location services settings on the Devices.
    8. The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
    9. This EULA is concluded between you and us only, and Apple is not a party. We, and not Apple, are solely responsible for the App, and Apple has no obligation to furnish any maintenance or support services with respect to the App.
    10. You represent and warrant that:
      1. (a) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
      2. (b) You are not listed on any U.S. Government list of prohibited or restricted parties.
    11. Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words. Apple means Apple Inc., 1 Infinite Loop, Cupertino, CA 95014, USA and its subsidiaries.
  2. GRANT AND SCOPE OF LICENCE
    1. In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the Devices for your personal purposes only, subject to these terms, the Privacy Policy and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights.
  3. LICENCE RESTRICTIONS
    1. Except as expressly set out in this EULA or as permitted by any local law, you agree:
      1. (a) 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;
      2. (b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
      3. (c) not to make alterations to, or modifications of, the whole 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;
      4. (d) not to 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 except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
        1. (i) is used only for the purpose of achieving inter-operability of the App with another software program;
        2. (ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
        3. (iii) is not used to create any software that is substantially similar to the App;
      5. (e) to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
      6. (f) to include our copyright notice on all entire and partial copies you make of the App on any medium;
      7. (g) not to 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; together Licence Restrictions.
  4. ACCEPTABLE USE RESTRICTIONS
    1. You must:
      1. (a) not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
      2. (b) not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);
      3. (c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
      4. (d) not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
      5. (e) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service; and
      6. (f) obtain our written approval before using the App or the Services for the purposes of your business.
    2. If we reasonably believe, or if another user of the App notifies us, that your use of the App or the Services breaches any of the terms in clause 4.1, we may immediately suspend your access to the App or the Services without notice for the purpose of investigation. Following investigation, if we reasonably believe that you have breached any such term, we may terminate this EULA.
  5. INTELLECTUAL PROPERTY RIGHTS
    1. You acknowledge that all intellectual property rights in the App anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the right to use it in accordance with the terms of this EULA.
    2. In the event of any claim by a third party that the App or your possession and use of the App infringes the rights of that third party, we, and not Apple, shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
    3. You agree that we may use images you post through the App and the Services, including images of your cakes, for the purpose of promoting the App, provided that those images do not include any personally identifying information.
    4. You acknowledge that you have no right to have access to the App in source-code form.
  6. LIMITATION OF LIABILITY
    1. You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described on Our Site meet your requirements.
    2. Excluding the types of loss set out in condition 6.4, we shall have no liability to you under or in connection with this EULA (including your use of the App or any Services) whether in contract, tort (including negligence) or otherwise.
    3. For the avoidance of doubt, in the event that you use the App for any commercial, business or resale purposes, we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    4. Nothing in this EULA shall limit or exclude our liability for:
      1. (a) death or personal injury resulting from our negligence;
      2. (b) fraud or fraudulent misrepresentation; and
      3. (c) any other liability that cannot be excluded or limited by English law.
    5. To the maximum extent permitted by applicable law, Apple shall have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will our sole responsibility, subject to the terms of this clause 6.
  7. TERMINATION
    1. We may terminate this EULA immediately by written notice to you:
      1. (a) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
      2. (b) if you breach any of the Licence Restrictions;
      3. (c) in accordance with clause 4.2 if we reasonably believe that you have breached any of the Acceptable Use Restrictions set out in clause 4.1.
    2. On termination for any reason:
      1. (a) all rights granted to you under this EULA shall cease;
      2. (b) you must immediately cease all activities authorised by this EULA, including your use of any Services;
      3. (c) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so;
      4. (d) we may delete any or all information and multimedia content you have supplied to us through the App.
  8. COMMUNICATION BETWEEN US
    1. If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail to support@cakeclub.me or by telephone to 07710 999653. We will confirm receipt of this by contacting you in writing, normally by e-mail.
    2. If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us when you request an account to use the Services.
    3. Subject to the terms of clause 6, we, not Apple, are responsible for addressing any claims by you or a third party which relate to the App or your possession and/or use of the App, including, but not limited to:
      1. (a) Product liability claims;
      2. (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and
      3. (c) claims arising under consumer protection or similar legislation.
  9. EVENTS OUTSIDE OUR CONTROL
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including but not limited to the failure of public or private telecommunications networks, and the non-availability of 3rd party systems on which the App relies such as those of Parse or Apple Inc. (Event Outside Our Control).
    2. If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
      1. (a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
      2. (b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
  10. OTHER IMPORTANT TERMS
    1. We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
    2. You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
    3. If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    4. Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
    5. Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
    6. Apple and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of the EULA by downloading or using the App, Apple shall have the right (and shall be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.