To be eligible to use the Services, you must be at least 18 years old (or at least 13 years old and have your parent or guardian agree to this Agreement) and have the legal capacity to contract. If you’re eligible, it’s important that you understand that (i) just by using the Services you (or the parent or guardian) conclude a legally binding contract with CAKE based on the Agreement terms and (ii) this contract contains an arbitration provision (described below) which limits your rights to a class action lawsuit in the event of a dispute.
CAKE is a restaurant discovery, wait-list, ordering and point-of-sale platform. While the Services in some cases may enable consumers to reserve table space or place orders at restaurants, these transactions are between the consumer and the participating restaurant. CAKE shall not be liable for any acts or omissions on the part of such restaurant including any deficiencies in the quality or character of the food or service, the timeliness of service (such as delivery periods), or, in the case of charges made directly to consumer by the restaurant, the accuracy or fairness of such charges.
Prohibitions. Certain uses related to the Services are just not allowed. If the use negatively affects CAKE’s ability to realize revenue to compete in the marketplace or materially and negatively affects other CAKE users or merchants, we probably prohibit it. Most importantly, you may not access, monitor, scrape or copy (via, for example, deep-link or any robot, spider, web crawler, extraction software, automated process or other device) any Services data or material and/or incorporate it into a separate database, archive/cache, etc. and you also may not reverse engineer, license, or create derivative works from, any content or software obtained from the Services without CAKE’s permission. CAKE reserves all of its statutory and common law rights against any person or entity who violates the foregoing.
In addition, you promise not to do the following:
The restrictions above only apply to the extent permissible under applicable law. If you believe the restrictions are unduly restrictive, you may provide notice to CAKE at email@example.com, together with any information that is reasonably required for CAKE to consider your situation and determine in its sole discretion if there is a remedy.
Some aspects of the Services now or in the future may enable you to submit content, such as merchant reviews, images, postings, and any other interactive service, including postings of other users to your account and data drawn from third party services (such as Facebook, etc.), to CAKE in connection with the Services or promotion thereof (collectively, “User Media“). User Media is intended to enhance the experience of the Services, however, should not be understood as to be endorsed by or necessarily represent the views of CAKE. CAKE disclaims any duty to review or modify User Media and any responsibility for either the effects of harmful files, such as malware, that may be contained in such User Media, or for conduct by users in connection with User Media. Nonetheless, CAKE (without promising to do so) may decide it is in CAKE’s best interests to block, remove, modify, or simply not post any User Media for any reason determined by CAKE in its sole discretion at any time and may not notify you if it does so.
If you do decide to submit User Media, you hereby promise to have the right to provide such User Media, which means:
and you further agree not to submit any User Media that:
By uploading your User Media, you agree to indemnify the CAKE Entities (defined below) from all claims resulting from your User Media and irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to your User Media brought against the CAKE Entities, any third party services and our and their users. If you feel that User Media should be removed, please let us know, but ultimately it will be CAKE’s decision (subject to any countervailing laws) on whether to take any action related to your request.
If you are accessing the Services as a minor with the consent of a guardian, please note that you may delete or anonymize information that you post to the Services by emailing firstname.lastname@example.org. Notwithstanding the foregoing, please note that it is not possible to “completely and comprehensively” remove all content from the Services.
You agree that any mobile telephone number (wireless address) or email address provided or furnished by you in connection with the Services may be used by CAKE to provision any Service or provide marketing programs to you (via communications to such numbers and email addresses). Specifically, you authorize CAKE to deliver, or cause to be delivered, to you text (i.e., SMS) and/or e-mail messages related to the Services, including marketing messages. You agree not to send any text or email message to any recipient that has not expressly agreed to receive said messages. Please email us at email@example.com if you do not wish for CAKE to contact you by email or text message for advertising or marketing purposes.
From time to time the Services may offer you opportunities to participate in contests, coupons, discounts or promotional sales being offered by CAKE or its partner merchants (each a “Special Promotion”). Special Promotions may, for example, offer a meal discount or a free drink when ordering a sandwich. When the Special Promotion is being offered by the partner merchant, CAKE is simply the service provider for the merchant identified with any such Special Promotions and accordingly, the merchant alone is the seller and offeror of Special Promotions and is solely responsible for redeeming any sale you purchase.
Please note that Special Promotions (unless expressly stated to the contrary in the terms of the Special Promotion) are (i) available for only a limited time and thus may expire prior to you being able to take advantage of the Special Promotion, (ii) only applicable to qualifying items and qualifying (e.g., minimum) purchase requirements, (iii) not transferrable or combinable with other offers, and (iv) void where prohibited and thus may not be available to users in certain locations. Further, for each Special Promotion CAKE reserves the right to modify and limit its conditions, including the relevant offer period, at any time except as limited by applicable law.
CAKE makes it easier for you to connect with other CAKE users and buy from or link to third parties (entities other than CAKE or its parent or subsidiary companies) that offer goods or services through the Services. However, CAKE cannot uniformly endorse any such third parties (including merchants and advertisers) and may not monitor your dealings with them and such dealings are solely between you and such individuals or entities and at your own risk. You should conduct any diligence you feel necessary before engaging online or offline with any of these third parties. Note that participating third parties may pay CAKE to be promoted on the Services or to have their respective product or service offering(s) placed higher in search results and may also purchase research or other services from CAKE.
In addition to assuming the risk when engaging with third parties, in the event that you have a dispute with any third party (such as a merchant) offering goods or services via the Services, you release and discharge (permanently, with no take-backs) CAKE and its parent and subsidiary affiliates from all past, present and future claims and damages arising out of any such disputes. If you are a California resident, you waive protection under §1542 of the California Civil Code which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You also waive any protection that may exist under any comparable or similar statutes or principles of common law applicable in states other than California.
Use of the Services may require registration and/or creation of an account with CAKE (either by registering directly or by allowing a CAKE application to connect through your third party account) in order to publish content on the Services, make an order or obtain access to certain services, including Promotional Sales (described below). If you choose to create an account or CAKE profile, you promise to provide accurate, complete registration information, and to keep that information up-to-date if it changes. When you register, you may obtain log-in and password credentials (a “User ID”).
If you register for an account, you must (i) maintain the security of your User ID, (ii) accept full responsibility for all activities that occur under your User ID, and (iii) notify CAKE immediately if you become aware that your User ID is being used without authorization. CAKE will not be liable for any damage of any kind arising from or relating to any acts or omissions by you or someone else using your User ID.
CAKE reserves the right to suspend or terminate your account at any time, with or without notice, for any reason.
As part of our process of continuously improving CAKE, we may, in our discretion, retire or enable Services functionality, alter the terms of engagement with our users, or otherwise make changes to the Services or the Agreement. Although we may not always provide notice when making changes (especially when the nature of the changes (such as new fees or charges) constructively conveys notice of the change), by continuing to use the Service after those changes are made, you always express and acknowledge your acceptance of the changes. If you object to any such changes, your sole recourse shall be to cease using the Services. Accordingly, continued use of the Services (by, for example, visiting the Sites or a CAKE app and using the functionality of those services) following any such changes shall, as applicable, indicate your acknowledgment and acceptance of the changed Services or confirm that you have read, accepted, and agreed to be bound by the modifications to the Agreement.
While CAKE may modify or terminate the Services or the Agreement (including any policies and terms described in Section 8 entitled, “How Other Policies Form this Agreement”) with any particular user, at any time, for any reason, and CAKE will have no liability to you for any such modification or termination, please note that any such modifications to the Agreement, (i) will not, to the extent required by law, apply retroactively to events that occurred prior to date of the modifications and (ii) in the case of modifications that by their nature require notice to users under law, be effective until such notice is provided (by posting on this web site, email to you or otherwise as the circumstances reasonably make necessary).
CAKE’s Ownership of the Services. The Sites and Services and the content residing thereon is owned by CAKE (formerly Leapset) or its affiliates or business partners. Such content includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Content”). The Content is subject to copyright, trademark and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and international conventions. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to CAKE or the Services shall, as between you and CAKE, at all times be and remain the sole and exclusive property of CAKE, its affiliates or its business partners.
Initiating a Claim. We want our users to have an excellent experience so we encourage you to contact our customer support team if you have concerns with respect to the operation of the Services or CAKE. If you conclude that we have not satisfied your concern and that you must pursue legal action, you agree that your claim must be resolved by the processes set forth in this Section.
Binding Arbitration. ARBITRATION IS DIFFERENT FROM COURT; THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. THE AWARD IS FINAL AND BINDING. Any unresolved dispute or claim between you and CAKE or its indirect or direct subsidiary, parent or affiliate companies or any of their employees, officers, directors, and agents (collectively, the “CAKE Entities“) arising out of, relating to, or connected in any way with the Agreement (defined below) or the Services (including the Sites and third party products or services supported or facilitated by the Services such as the CAKE Gift Cards) whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory will be resolved exclusively by binding arbitration unless (i) the claim qualifies for a small claims court hearing and the complaining party wishes to file in small claims court, or (ii) the claim relates solely to the collection of debts owed by you to a CAKE Entity and the CAKE Entity or you opts to pursue the claim in court. Even for a claim that may be brought to court, you waive (a) any right to trial by jury, (b) any claims for punitive damages and (c) any right to pursue claims on a class or representative basis (including consolidated claims involving another person’s account).
Waiver of Class Actions. If any part of this arbitration section is deemed by a court to be invalid, then the remainder will remain in full force and effect. If the arbitration section is deemed inapplicable or invalid, each party waives, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
Claims Are Time-Barred. You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Services or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim.
The provisions of this sub-section, titled “Claims Are Time-Barred” shall be deemed to constitute a separate written legally binding agreement by and between you and us.
This Section may be laborious to read but it is an essential part of the understanding between CAKE and you. CAKE’s ability to make the kind of services it makes available to its consumer users depends on structuring the engagement on terms that meet CAKE’s internal risk tolerance requirements. While we are sympathetic if you cannot agree to any of the Agreement, including the terms in this Section, you may not use the Services if you make that decision. In that event, however, we want to hear from you, so please contact us at firstname.lastname@example.org if you find the Agreement prohibitively restrictive.
Disclaimer. CAKE attempts to be as accurate as possible when delivering the Services and describing the Services and product and services made available through the Services, but neither CAKE, its affiliates nor any of their respective agents, merchants, third-party partners or licensors warrant that the Services or any information on the Services, such as descriptions, prices, product/service availability, parking accessibility and other content, is accurate, complete reliable, current or error free.
THE SERVICES ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. CAKE HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THOSE OF NONINFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability. Neither the CAKE Entities nor of any of their officers, directors, employees or agents shall be liable for any damages of any kind, including but not limited to, direct or indirect damages, consequential damages, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including, but not limited to, negligence) or otherwise, arising out of or in any way connected with the Agreement or the use of, or inability to use, or any errors, omissions, or other inaccuracies in, the Services (including the Sites and third party products or services such as the CAKE Gift Cards supported or facilitated by the Services) or content contained on, or accessed through, the Services, even if CAKE has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, CAKE’s liability shall be limited to the extent permitted by law.
YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN CAKE AND YOU.
Special Notice for California Residents. Pursuant to California Civil Code Section 1789.3, if you have any questions about pricing, complaints, or inquiries about CAKE or its services please contact us at email@example.com or via certified mail at:
101 Redwood Shores Pkwy
Redwood City, California 94065 USA
Attention: Customer Support
California residents are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210 or in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.
Updated on August 5, 2015
BY ACCESSING THE SITES OR SERVICE YOU AGREE TO BE BOUND TO ALL THE TERMS OF THIS POLICY.
This Policy covers the following areas:
CAKE may collect and use personal information, demographic and profile information, usage Information, tracking Information and any other information collected from you via the Services (collectively, “User Information”) in accordance with the following conditions:
Demographic and Profile Information. We may at times request information that is not directly personally identifiable, such as age and annual income, without storing or using such information in combination with any direct personal identifiers (such as your name or email address). This type of information is primarily used to display more customized content and improve user experience of and promote the Services.
Usage Information. We automatically store information related to your use of the Services, such as Site pages you viewed, your internet protocol (IP) address, browser type, internet service provider (ISP), referring/exit pages, platform type, access device, and the date and time of your visit or transaction. We may use this data to analyze trends, anticipate traffic load demands, track user behavior, gather broad demographic information for aggregate use and otherwise provide the highest level of service.
Tracking Information. CAKE, its affiliates and our partners may send cookies – small text files placed on your computer’s hard disk – to your computer in order to among other things identify your status as a user, customize the Services, and mitigate risks and the potential for fraud. In addition, in the course of serving advertisements to the Services, our third-party advertisers may place or recognize a unique cookie on your browser. Cookies can be removed or blocked in accordance with your Internet browser’s help directions, but in doing so the Services may require you to repeatedly identify yourself and otherwise interfere with your use of the Services. Further, if you view a web page created by a third party or use an application created by a third party, such third parties may place their own cookies that are not subject to CAKE’s control or this Policy. CAKE reserves the right to enable overrides to “do not track” browser signals or other mechanisms that provide consumers with choice regarding the collection of tracking information and allow third parties operating on the Services to collect personally identifiable information about and/or track your behavior on the Services and across web sites.
Disclaimer of Information Provided to Third Party Services. In some cases we may allow you access to certain third party services by links or otherwise. Any information you provide to these third party services is not User Information and will not be subject to this Policy.
CAKE works with third parties to help provide its services to consumers and merchants and we may share User Information with such third parties to further these efforts. In the following circumstances CAKE will share User Information with third parties:
CAKE Affiliates. CAKE shares information it collects with its direct and indirect parent and subsidiary companies and other affiliates. Such affiliates may use this information to improve and promote their businesses and services and offer you products and services that may of interest to you.
CAKE Merchants. We may distribute User Information to CAKE restaurant merchants in order to facilitate the payment of orders and/or delivery of services and otherwise support the business services we provide to such merchants. CAKE shares User Information such as consumers’ order content, special order instructions, and depending the transaction, first and last name, street address and telephone number with merchants. Sharing this information may allow such merchants (or any third party authorized to act on behalf of merchant) to market directly to you should they choose to do so. We do not have any responsibility for the actions of such merchants, and the actions of the merchants are not in our control.
Third Party Service Providers. CAKE may (a) coordinate the provision of services and products to you through third party service providers and (b) partner with third parties in order to promote, support or expand CAKE’s business and products and services and/or enable such third parties to advertise the products and services of CAKE or third parties to you. We may share User Information, including Personal Information such as Geolocation Information, with such service providers and partners. In some cases their use of such information may be governed by the privacy policies of such parties and is not subject to our control. To the extent you associate an account managed by third parties such as social media sites (e.g., Facebook and Twitter) with a CAKE account, you authorize CAKE to have access to this information and agree that CAKE may collect, store and use such information in accordance with this Policy.
Aggregate and “Scrubbed” Information. We may share User Information in aggregated and “scrubbed” form, such as the “Usage” and “Demographic and Profile” information described in Section 1 above or information created from Personal Information by removing direct personal identifiers, to third parties in connection with or prospective business relationships with those third parties and for marketing purposes. For example, we may disclose the number of users that have been exposed to, or clicked on, advertising banners. This Policy does not limit our use or disclosure of any “scrubbed” information created from User Information in any way, and we reserve the right to use, disclose and sell “scrubbed” information to our partners, advertisers, CAKE users and other third parties at our discretion. “Scrubbed” means CAKE has taken reasonable precautions to protect data de-identified from you from being re-identified to you.
Business Transfers. In the event CAKE sells certain of its assets or goes through a structural change, such as a merger, acquisition by another company, or dissolution, User Information including Personal Information may be transferred to a third party as part of such event and thereby become subject to the privacy practices of that third party, which may materially different than those of CAKE.
Investigations. We may disclose User Information to third parties if we determine that such disclosure is necessary to enforce or apply applicable terms and conditions and other agreements, including the Services’ terms of service, comply with the law or judicial instructions and related orders, or protect the rights, reputation or property of CAKE or that of our consumer and merchant customers, affiliates, or the public.
User Generated Content. User generated content posted through the Services such as service/restaurant reviews, commentary on discussion boards or blogs and certain social networking preferences (e.g. pages you “Like” or “Recommend”) may be accessible by other consumers and companies and may appear on other websites or web searches, and therefore this information could be read, collected, and used by others. Accordingly, CAKE cannot ensure the privacy of any User Information included in such user generated content.
Retention. CAKE will retain User Information in accordance with security practices that are reasonable and appropriate to the nature of the data for so long as it continues to improve CAKE’s Services and product offerings and subject to law and this Policy. We may further retain and use data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
CAKE takes commercially reasonable precautions to protect sensitive information of its consumer and merchant customers. Such precautions include technical, administrative, physical, electronic and procedural safeguards to protect the confidentiality and security of information transmitted to CAKE. No data transmission over the Internet or any wireless network is 100% secure, so we cannot guarantee the absolute security of User Information. Please note that e-mail is not encrypted and is not considered to be a secure means of transmitting credit card information.
Personal Information of Children Under 13. The Services are intended for general audiences and is not directed to persons less than 13 years of age and we do not knowingly collect personal information from such persons. If you become aware that personal information about your child has been provided to CAKE without your consent, please contact us. If we become aware that a child under 13 has provided us with personal information without parental consent, we make efforts to remove such information and terminate the child’s account.
Additional Security. CAKE advises its customers to take measures to protect information in their CAKE accounts, including as follows:
If your Account Information changes, you may correct, update, or delete and deactivate our record of your Account Information by signing into and managing your CAKE or third party (as applicable) account. In addition, depending on the nature of your account, your account management page may allow you to control certain aspects of how other information you submit to the Services is used or shared. In addition, as a consumer you have the ability to unsubscribe to promotional e-mails via the opt-out link included in each e-mail. It may take up to 10 business days before you stop receiving promotional e-mails.
Under law California residents may request certain details about information we disclose to third parties for direct marketing purposes. If you are a California resident and would like to request this information, please contact us at firstname.lastname@example.org.
We may revise this Policy from time to time with only the notice as required by law, so please review it periodically. The most current version of the Policy will govern our use of your information and will always be located here. The revised version will be effective at the time it is posted. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Policy.
Updated on August 5, 2015
CAKE Corporation (formerly Leapset, Inc.) is committed to protecting the intellectual property rights of third parties on its service platforms (collectively, the “Service”). If you believe that your intellectual property is being used on cake.net, trycake.com or any CAKE-related service in a way that constitutes legal infringement, please provide CAKE with the following information (in compliance with the Digital Millennium Copyright Act):
Notice of claims of infringement should be mailed to:
Attn: DMCA Agent
101 Redwood Shores Pkwy
Redwood City, CA 94065
Or via email to email@example.com.
If CAKE is notified of a credible claim of infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is potentially infringing. CAKE reserves the right to terminate its agreement with any user who repeatedly infringes third-party intellectual property rights upon prompt notification to CAKE by the intellectual property owner or its legal agent.