Terms & Conditions

Please read all these terms and conditions as all orders placed through this website are subject to these Terms and Conditions. They may change from time to time, we advise that the user should familiarise themselves with these terms on every order.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.


  1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
  2. By creating an Account, or ordering goods or services on the Website you agree to be bound by these Terms and Conditions.
  3. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
  4. These terms and conditions together with the "Trading Terms", "Privacy Policy" and "Conditions of Website Use" contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
  5. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
  6. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
  7. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
  8. Unless the context requires a different interpretation:
    1. the singular includes the plural and vice versa;
    2. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of these Terms and Conditions;
    3. a reference to a person includes firms, companies, government entities, trusts and partnerships;
    4. "including" is understood to mean "including without limitation";
    5. reference to any statutory provision includes any modification or amendment of it;
    6. the headings and sub-headings do not form part of these terms and conditions.
    7. The Website means our website https://www.design-a-cake.co.uk/ on which the Goods and Services are advertised.
  9. These terms and conditions will be governed by and interpreted according to English law. All disputes arising under these terms and conditions will be subject to the exclusive jurisdiction of the English courts.

Trading Terms

  1. Application
    1. These Terms and Conditions will apply to the purchase of the goods and services by you (the Customer or you).
    2. We are Design A Cake a trading name of Design A Cake a company registered in England and Wales under number 8719217 whose registered office is at:
      30 - 31 Phoenix Road,
      Crowther Industrial Estate,
      NE38 0AD
      and whose trading address is:
      30 - 31 Phoenix Road,
      Crowther Industrial Estate,
      NE38 0AD, (the supplier or us or we).
    3. These are the terms on which we sell all Goods and services to you. By ordering any of the Goods and services, you agree to be bound by these Terms and Conditions.
    4. By ordering any goods and services, you agree to be bound by these Terms and Conditions.
    5. You can only purchase the Goods and Services from the Website if you are eligible to enter into a contract and are at least 18 years old.
  2. Interpretation
    1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
    2. Contract means the legally-binding agreement between you and us for the supply of the Goods;
    3. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
    4. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
    5. Goods means the goods advertised on the Website that we, or our agents supply to you of the number and description as set out in the Order;
    6. Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
    7. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
    8. Website means our website https://www.design-a-cake.co.uk/ on which the Goods and Services are advertised.
  3. Goods
    1. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
    2. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
    3. All Goods which appear on the Website are subject to availability.
    4. Where possible, all edible products delivered will have a 1 - 2 month minimum shelf life. This will differ and vary due to supplier and product constraints. Any short dated stock or goods sold generally with a shorter shelf life will have the date information provided within the product listing.
    5. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
  4. Services
    1. The charge made for the service of Postage and Packaging is to cover the materials and services involved in picking, parcelling and posting of an entire order to one address on one occasion to the address specified by the Customer.
    2. All delivery date estimates are given from the day of dispatch, not the day of ordering.
    3. Delivery date estimates are intended only as a guide and are in no way binding.
    4. We will not be held responsible for errors in service that we have no control over, however, we will do our best to ensure that the standards we have in place are upheld at all times.
    5. Addresses with certain postcode zones incur surcharges from our couriers (see below).
    6. The surcharge may be per-parcel or per-order. Not all couriers and services are equal.
    7. The amount of surcharge is dependent on the courier service specified by the customer.
    8. Current surcharge zones are:
      1. BFPO
      2. Highlands and Islands - AB36-38, AB55 - 56, FK17 - 21,IV1 - 39,IV52 - 54,IV63,KW1 - 14, PA21 - 40, PH19 - 26, PH30 - 41, PH49 - 50, HS1 - 9,IV40 - 51, IV55 - 56, KA27 - 28, KW15 - 17, PA20, PA41 - 49, PA60 - 78, PH42 - 44, ZE1 - 3, IM, TR21 - 25
      3. Northern Ireland - BT
    9. If through no fault of Design A Cake or its agents, the whole or part of the Order is unable to be delivered or is delivered to an incorrect address, an additional charge will be made to have the order posted again. In those circumstances,
      1. The additional charge for resending parcels within the UK will be no less than £4.50 plus any applicable surcharges, or the cost of sending in the first instance, whichever is greater.
      2. International orders will be charged the amount that the order cost to send in the first instance.
      3. No refunds will be made for the postage and packaging of the original parcel where the value of goods is under £42. We consider the posting of a parcel to be a custom-build item and is excluded from refunds under the The Consumer Protection (Distance Selling) Regulations 2000.
      4. Where parcels are held by a Customs agency, it will be the responsibility of the consignee to have that Customs agency contact Design A Cake regarding any issues that require our intervention to resolve.
      5. If undelivered goods are returned to Design A Cake and arrangements for resending are not made, the order will be cancelled and a refund issued for the cost of goods, minus a 20% administration fee.
    10. Reasons for undeliverable parcels include but are not limited to the following situations:
      1. The address supplied is incorrect or incomplete.
      2. The parcel is returned by the courier following an attempted delivery where the customer has not arranged for redelivery or collection from the courier.
      3. The customer requests a change of delivery address after the parcel has been sent.
      4. The customer specifies a PO Box address and a signatory is unavailable.
      5. The parcel is held by Customs and Excise for reasons beyond Design A Cake's control and not delivered to the addressee.
  5. Personal Information
    1. We retain and use all information strictly under the Privacy Policy.
    2. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
  6. Basis of Sale
    1. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
    2. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
    3. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the dispatch of the order Order (Dispatch Confirmation). You must ensure that the Dispatch Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Dispatch Confirmation). You will receive the Dispatch Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
    4. Quotations are subject to change without notice. A quotation will not change during the Payment Process and we advise that the Customer should ensure that all prices are agreeable at that point..
    5. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
    6. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
  7. Price & Payment
    1. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
    2. Prices and charges include VAT at the rate applicable at the time of the Order.
    3. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
  8. Delivery
    1. We, or our agents will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
    2. n any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
      1. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
      2. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
    3. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
    4. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
    5. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
    6. Design A Cake is not responsible for paying any import duties or other taxes related to the Order.
    7. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
    8. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
    9. If your parcel appears to have been damaged or tampered with, you should refuse delivery and allow the courier to return the package to us.
  9. Risk & Title
    1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
    2. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
  10. Withdrawal, Returns & Cancellation
    1. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
    2. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
      1. foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;
      2. a newspaper, periodical or magazine except subscription contracts for the supply of them;
      3. goods that are made to your specifications or are clearly personalised;
      4. goods which are liable to deteriorate or expire rapidly.
    3. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
      1. in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;
      2. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
    4. Right To Cancel
    5. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason. This applies to goods and services of £42 of more.
    6. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
    7. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email). You must be able to show clear evidence of when the cancellation was made, so you may decide to use a letter sent with a recorded courier service.
    8. You can also electronically fill in and submit a contact form on our website (https://www.design-a-cake.co.uk/contacts/) and clearly indicate your intention to cancel your order. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
    9. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
    10. Effects Of Cancellation In The Cancellation Period
    11. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (where goods & services are valued at £42 or more), unless the act of packing your parcel, or dispatching it with a courier has already incurred costs to us.
    12. Deduction For Goods Supplied
    13. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
    14. Timing of Reimbursement
    15. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
      1. 14 days after the day we receive back from you any Goods supplied, or
      2. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
    16. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
    17. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
    18. Returning Goods
    19. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at:
      30 - 31 Phoenix Road,
      Crowther Industrial Estate,
      NE38 0AD
      without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
    20. For the purposes of these Cancellation Rights, these words have the following meanings:
      1. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
      2. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
  11. Conformity
    1. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
    2. Upon delivery, the Goods will:
      1. be of satisfactory quality;
      2. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
      3. conform to their description.
    3. It is not a failure to conform if the failure has its origin in your materials.
  12. Successors And Our Sub-contractors
    1. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors whom it chooses to help perform its duties.
  13. Circumstances Beyond The Control Of Either Party
    1. In the event of any failure by a party because of something beyond its reasonable control:
      1. the party will advise the other party as soon as reasonably practicable; and
      2. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.
  14. Excluding Liability
    1. The Supplier does not exclude liability for:
      1. any fraudulent act or omission; or
      2. for death or personal injury caused by negligence or breach of the Supplier's other legal obligations.
      3. Subject to this, the Supplier is not liable for
      4. loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or
      5. loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
  15. Governing Law, Jurisdiction And Complaints
    1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
    2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
    3. We try to avoid any dispute, so we deal with complaints in the following way:
      1. Any shortages, discrepancies or damages in any order must be reported to us by email or telephone on the day of the parcel's delivery, or as soon after as possible.
      2. We will attempt to rectify any problems caused by us or our agents as soon as possible by sending corrected or replacement goods.
      3. We will aim to respond to all complaints made by email within 3 days.

Privacy Policy

This privacy policy applies between you, the User of this Website and Design A Cake, the owner and provider of this Website. Design A Cake takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website. Please read this privacy policy carefully.
    1. Definitions And Interpretation
      1. In this privacy policy, the following definitions are used:
        Collectively all information that you submit to Design A Cake via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Act 1998;
        A small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies);
        Design A Cake is a trading name of Design A Cake Limited we us
        Design A Cake Limited, a company incorporated in England and Wales with registered number 8719217 whose registered office is at: 30 - 31 Phoenix Road,
        Crowther Industrial Estate,
        NE38 0AD;
        UK and EU Cookie Law
        The Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011; User You
        Any third party that accesses the Website and is not either
        1. employed by Design A Cake Limited and acting in the course of their employment or
        2. engaged as a consultant or otherwise providing services to Design A Cake Limited and accessing the Website in connection with the provision of such services;
    2. Scope Of This Privacy Policy
      1. This privacy policy applies only to the actions of Design A Cake and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.
    3. Data Collected
      1. We may collect the following Data, which includes personal Data, from you:
        1. Name
        2. Address
        3. Contact Information such as email addresses and telephone numbers;
        4. IP address (automatically collected);
        5. in each case, in accordance with this privacy policy.
    4. Our Use of Data
      1. For purposes of the Data Protection Act 1998, Design A Cake Limited is the "data controller".
      2. We will retain any Data you submit indefinitely.
      3. Unless we are obliged or permitted by law to do so, and subject to any third party disclosures specifically set out in this policy, your Data will not be disclosed to third parties. This includes our affiliates and / or other companies within our group.
      4. All personal Data is stored securely in accordance with the principles of the Data Protection Act 1998. For more details on security see the clause below (Security).
      5. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
        1. fulfilment of our services;
        2. fulfilment of our services by a third-party (commonly known as "drop shipping");
        3. internal record keeping;
        4. improvement of our products / services;
        5. analysis for market research purposes;
        6. in each case, in accordance with this privacy policy.
    5. Third Party Websites And Services
      1. Design A Cake Limited may, from time to time, employ the services of other parties for dealing with certain processes necessary for the operation of the Website. The providers of such services have access to certain personal Data provided by Users of this Website.
      2. Any Data used by such parties is used only to the extent required by them to perform the services that we request. Any use for other purposes is strictly prohibited. Furthermore, any Data that is processed by third parties will be processed within the terms of this privacy policy and in accordance with the Data Protection Act 1998.
    6. Links To Other Websites
      1. This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.
    7. Changes Of Business Ownership And Control
      1. Design A Cake Limited may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of Design A Cake Limited. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.
      2. We may also disclose Data to a prospective purchaser of our business or any part of it.
      3. In the above instances, we will take steps with the aim of ensuring your privacy is protected.
    8. Controlling Use Of Your Data
      1. Wherever you are required to submit Data, you will be given options to restrict our use of that Data. This may include use of data for direct marketing purposes.
      2. If you would prefer to not receive our emails, please click the 'Unsubscribe' link found at the top and bottom of the next email that you receive from Design A Cake Limited.
      3. If you wish to have your customer account removed from our system then we ask that you provide a written request to either [email protected] or to our postal address listed at the top of this privacy policy.
    9. Functionality Of The Website
      1. To use all features and functions available on the Website, you may be required to submit certain Data.
      2. You may restrict your internet browser's use of Cookies. For more information see the clause below (Cookies).
    10. Accessing Your Own Data
      1. As per the General Data Protection Regulation (GDPR) (EU) 2016/679, you have the Right of Access to the personal data and information that we have for you, and how this personal data is being processed. If you wish to request this data then we ask that you provide a written request to either [email protected] or to our postal address listed at the top of this privacy policy.
    11. Security
      1. Data security is of great importance to Design A Cake and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected via this Website.
      2. If password access is required for certain parts of the Website, you are responsible for keeping this password confidential.
  1. Cookies
    1. This Website may place and access certain Cookies on your computer. Design A Cake uses Cookies to improve your experience of using the Website and to improve our range of products. Design A Cake has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.
    2. All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.
    3. Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling Design A Cake to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.
    4. This Website may place the following Cookies:
      Strictly necessary cookies
      These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
      Analytical/performance cookies
      They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
      Functionality cookies
      These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
    5. You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.
    6. You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.
    7. It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.

Conditions of Website Use

  1. Intellectual Property And Acceptable Use
    1. All Content included on the Website, unless uploaded by Users, is the property of Design A Cake Limited, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
    2. You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that:
      1. is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable;
      2. may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or
      3. may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam."
    3. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.
    4. You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Design A Cake Limited for all claims resulting from Content you supply.
Prohibited Use
  1. You may not use the Website for any of the following purposes:
    1. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
    2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
    3. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Links to Other Websites
  1. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Design A Cake Limited or that of our affiliates.
  2. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
  3. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Availability Of The Website And Disclaimers
  1. Any online facilities, tools, services or information that Design A Cake makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Design A Cake Limited is under no obligation to update information on the Website.
  2. Whilst Design A Cake uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
  3. Design A Cake Limited accepts no liability for any disruption or non-availability of the Website.
  4. Design A Cake Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation Of Liability
  1. Nothing in these terms and conditions will:
    1. limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable;
    2. limit or exclude our or your liability for fraud or fraudulent misrepresentation; or
    3. limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
  2. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
  3. To the maximum extent permitted by law, Design A Cake Limited accepts no liability for any of the following:
    1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
    2. loss or corruption of any data, database or software;
    3. any special, indirect or consequential loss or damage.
  1. These terms and conditions were created using documents from Rocket Lawyer.