These are the terms and conditions for:
The following terms and conditions apply to the website and services offered by CAKE. This includes the mobile and tablet versions as well as any other version of CAKE accessible via desktop, mobile, tablet, social media or other devices.
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, USING OR OBTAINING ANY INFORMATION OR SERVICE FROM THE ” CAKE ” WEBSITE.
1. ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of CAKE. By registering and using the website, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not use the website and discontinue use of the service immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on CAKE. You agree to be bound by any modification to this terms and conditions when you use CAKE after any such modification is posted; it is therefore important that you review this agreement regularly.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. CAKE may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.
You may use the services only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
The use of this platform for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our platform and services. It is the responsibility of parents and legal guardians to determine whether any of the content and/or services are appropriate for their child.
By registering and using the platform, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
If you wish to register to receive consultations and services from other registered users (Providers) through the platform, you must read this agreement and indicate your acceptance during the registration process. In consideration of your use of the service, you represent that you are of legal age to form a binding contract under the law. You also agree: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on CAKE (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CAKE reserves the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof) at any time. For the proper functioning of the platform we may collect information about your health, during registration or during the provision of consultations. The information about the health of the clients provided to the platform is handled in a confidential manner with the only purpose of obtaining online consultations from the Providers. CAKE will collect and store your health-related information in accordance with HIPAA (Health Insurance Portability and Accountability Act of 1996).
4. ACCOUNT AND SECURITY
If you register on CAKE, you will be required to choose a password and username, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify CAKE of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from CAKE. CAKE will not be liable for any loss or damage arising from your failure to comply with this agreement.
By providing CAKE with your email address and phone number you consent to our use of your email address to send you notices about the services, including those required by law. We may also use your email address and phone number to send you notifications and other messages, such as changes to service features, news, and special offers. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your withdrawal request via the contact information or by using the “unsubscribe” option in the emails or mobile notifications. Opting out may prevent you from receiving emails about updates, news or offers.
The users may terminate their accounts any time, for any reason, by following the instructions on CAKE. That termination will only result in the deletion of the account and the deletion of all the personal data granted to CAKE.
CAKE reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if CAKE believes that you have breached any of these terms, furnished CAKE with false or misleading information, or interfered with use of the website or the service by others.
5. SERVICES AND PAYMENTS
When you purchase a service or consultation offered by a Provider, you are offering to buy the service for the price advertised by that Provider. Providers will have full autonomy to determine prices for their services and consultations.
When a user makes a purchase for a service offered by the provider, CAKE will send an email to confirm that the order and purchase of the service has been received. This email confirmation will automatically occur so that the user has confirmation of their purchase and instructions for coordinating and scheduling the session with the provider.
All payments to CAKE are handled securely. Services will be paid through credit/debit card (Visa, MasterCard, American Express, etc.).
Payment will be debited from your credit/debit card, immediately on you placing the order for the service you have purchased. Upon processing a transaction, we will issue you with an electronic transaction receipt which will be sent to the email address you provide. CAKE reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the services.
Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the services. CAKE reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the services.
6. CRYPTO-CURRENCY TRANSACTIONS
Once the registration and account opening is completed, the user will be able to make transactions with crypto currencies through the platform.
When you place an order or trade through the platform, your account will be updated immediately to reflect the open Orders. Once a user’s order matches another user’s order, CAKE will execute a “Transaction”. Once the Transaction is executed, your account will be updated to reflect that the Order has been fully executed and closed. Your account will reflect the new balance with the corresponding crypto currencies. By using the CAKE services to make transactions with crypto currencies you authorize CAKE to temporarily monitor the Digital Currencies involved in your Transaction.
Only those transactions that have not been matched to orders from other users may be cancelled. Once a transaction request has been matched with another user’s request, the transaction cannot be cancelled. CAKE reserves the right to reject any cancellation request related to Crypto coin transactions. If your account does not have sufficient funds to execute a transaction, CAKE may cancel the transaction or execute part of the transaction with the amount of your account balance, any transaction-related fees paid to CAKE will be deducted from your current balance.
You agree to pay the fees specified by CAKE for each transaction carried out through the platform. CAKE may, at its discretion, update the fees at any time. The updated fees will be applied to any sale or other transactions occurring after the date of the updated fees. You authorize CAKE to deduct from your account any applicable fees payable by you for each transaction carried out through the platform.
7. THIRD-PARTY MATERIALS.
“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
8. SERVICE DISCLAIMER
Providers and the services offered by them are not offered or provided by CAKE.
The services of CAKE are limited to providing the platform that allows users to search for and find health care professionals. CAKE is not responsible at any time for the services offered by Providers. CAKE is not responsible for the accuracy, safety or legality of the services or information published by Providers. CAKE is not responsible for the diagnoses made by Providers.
CAKE is not involved in any financial transactions between users, and pricing and payment for services are the sole responsibility of users. CAKE also does not accept claims from users for transactions between users. Payment and refund policies are the sole responsibility of Providers.
Disputes arising between users will be resolved by the users themselves. CAKE does not accept any complaints regarding services offered by Providers or the provision of these services.
CAKE is not responsible for any damage to the physical or moral integrity of individuals, such as injury, death or any other moral damage such as threats, insults and slander that may fall on a natural person, as a result of the communications established on the CAKE website. The communications and relationships established between users as a result of any connection within the CAKE website are the sole and exclusive responsibility of the users.
In the event that one or more users or any third party initiates any type of claim or legal action against another or other users, each and every user involved in such claim or action releases CAKE from any liability.
Identifying Providers on the Internet is difficult. For these reasons, CAKE cannot and does not guarantee the truth or accuracy of Providers’ credentials or identities and the information provided by Providers. You acknowledge that CAKE will not be liable for any loss or damage caused by your reliance on and use of any information or content obtained from other users.
9. LICENSE TO USE THE PLATFORM
CAKE gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by CAKE as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by CAKE, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
The user agrees not to use the platform and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of the CAKE application or third parties.
CAKE reserves the right to terminate your access immediately, with or without notice, and without liability to you, if CAKE believes that you have violated any of these terms or interfered with the use of the website or service by others.
10. SECURITY COMPONENTS
You understand that CAKE and software embodied within CAKE may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by CAKE and/or content providers who provide content to CAKE platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into CAKE.
All materials on CAKE, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by CAKE or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all Materials on CAKE are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without CAKE prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize CAKE or any part of the material for any purpose other than its intended purposes is strictly prohibited.
12. COPYRIGHT COMPLAINTS
CAKE respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the CAKE website infringe upon your copyright or other intellectual property right, please send the following information to:
i. Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
ii. A statement specifically identifying the location of the infringing material, with enough detail that CAKE may find it on the CAKE website. Please note: it is not sufficient to merely provide a top-level URL.
iii. Your name, address, telephone number and e-mail address.
iv. A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
v. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
vi. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
13. USER CONTENT
Certain features of the website may permit users to upload content, which may be comprised of messages, video, images, text, and others and to publish that user content on the website. You retain any Copyright that you may hold in the user content that you post to the website. Nevertheless, we need certain permission from you in order to publish the content. CAKE is not responsible for the accuracy, safety or legality of user content published in the website. Users are solely and exclusively responsible for their content and the consequences of publishing their content.
14. LICENSE GRANT TO CAKE
By providing user content to or via the service, you grant CAKE a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your user content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
15. USER CONTENT REPRESENTATIONS AND WARRANTIES
CAKE disclaims any and all liability in connection with user content. You are solely responsible for your user content and the consequences of providing user content via the Service. By providing user content via the service, you affirm, represent, and warrant that:
a) You are the creator and owner of the user content, or have the necessary licenses, rights, consents, and permissions to authorize CAKE and users of the Service to use and distribute your user content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by CAKE, the Service, and these Terms.
b) Your user content, and the use of your user content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause CAKE to violate any law or regulation.
c) Your user content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
d) Your user content does not and will not contain Hateful Content, a Threat of Physical Harm, or Harassment.
16. USER CONTENT DISCLAIMER
We are under no obligation to edit or control user content that you or other users post or publish, and will not be in any way responsible or liable for user content. CAKE may, however, at any time and without prior notice, screen, remove, edit, or block any user content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the service, you will be exposed to user content from a variety of sources and acknowledge that user content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against CAKE with respect to user content. If notified by a user or content owner that user content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. For clarity, CAKE does not permit copyright-infringing activities on the service.
17. CONTENT REVIEW
18. PERSONAL DATA
19. THIRD PARTIES
CAKE contains content of third-party licensors to CAKE, which is protected by copyright, trademark, patent, trade secret and other laws. CAKE owns and retains all rights, title and interest in the content. CAKE hereby grants to you a limited, revocable, non-sublicensable license to stream and/or view the content and any third party content located on or available through CAKE or services (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing CAKE and using the services.
Any dealings with third parties included within or on CAKE involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. CAKE is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on CAKE does not constitute an endorsement or recommendation of such third party or the product or services of such third party by CAKE or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on CAKE is provided to you for informational purposes only. CAKE encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While CAKE works to ensure the information on CAKE is current and accurate.
20. PROHIBITED ACTIVITIES
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to CAKE or licensed to the CAKE by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. Additionally, you agree not to:
i. Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by CAKE.
ii. Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
iii. Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
iv. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
v. Deep-link to any portion of the services for any purpose without our express written permission.
vi. “Frame”, “mirror” or otherwise incorporate any part of the services into any other websites or service without our prior written authorization.
vii. Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by CAKE in connection with the services.
viii. Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any Content.
xi. Download any Content unless it’s expressly made available for download by CAKE.
21. DISCLAIMER OF WARRANTIES
CAKE will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person’s services.
Because of the nature of the Internet CAKE provides and maintains the website on an “as is”, “as available” basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse CAKE for any loss or damage caused as a result.
CAKE will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, CAKE excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to CAKE and CAKE shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
• Any incorrect or inaccurate information on CAKE.
• The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or any service purchased through the webiste.
• Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
• Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the website, or from transmissions via emails or attachments received from CAKE.
• All representations, warranties, conditions and other terms which but for this notice would have effect.
22. ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by CAKE for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any Cleaner User, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
You agree to defend and indemnify CAKE from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
• Your breach of this agreement or the documents referenced herein.
• Your violation of any law or the rights of a third party.
• Your use of the CAKE platform and services.
24. CHANGES AND TERMINATION
We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CAKE without restriction.
26. INTEGRATION CLAUSE
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the CAKE website, will be settled by binding arbitration between you and CAKE, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.
29. FINAL PROVISIONS
These Terms are governed by the law of Malta. Use of CAKE platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Platform or information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
30. CONTACT US
If you have questions or concerns about these Terms, please contact us through our contact page or through the following contact information: