Restaurant Gift Terms

Effective Date: April 7, 2020

 

Cake provides a gift widget through cake.net (the “Gift Widget”) that allows Cake’s restaurant customers (“Restaurants”) to ask for monetary gifts or contributions (“Gifts”) from cake.net users (“Gifters” or “you”). By making a gift, you agree to these Restaurant Gift Terms (which are incorporated into and made part of the Cake Consumer Terms of Use).

TO THE MAXIMUM EXTENT PERMITTED BY LAW ALL GIFTS ARE NONREFUNDABLE.

The provision of the Gift Widget is not a solicitation of donations by Cake and in connection with any Gift Cake is merely providing the technology to allow you to connect with that Restaurant. Cake does not engage in any solicitation activities or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization.

 

All Gifts are at your own risk and non-refundable. Cake does not screen any Restaurant requests for Gifts. Cake does not guarantee that your Gift will be used by a Restaurant for the purposes, or in a manner, that you may reasonably expect. In making a Gift you do so without an expectation of receiving anything in return. Cake does not endorse, make representations, or provide warranties regarding the quality, safety, morality or legality of any Restaurant donation campaign, or the truth or accuracy of content posted by Restaurants on the Gift Widget. When you make a Gift through the Gift Widget, it is your responsibility to understand how your money will be used by the Restaurant (or its agents). Further, while Cake will work with its payment processors to pay your Gift directly to the Restaurant in full, the Restaurant may be required to pay processor fees or other costs to collect the Gift. Typically, Gifts will be received the Restaurant within 2 business days.

 

When you contribute to a Restaurant, your card will be charged the amount of the Gift (inclusive of any applicable sales taxes) after you submit your payment information.  Gifters bear the sole responsibility for determining how to treat their Gifts for tax purposes. Cake makes no representation as to whether all or any portion of your Gift, including, if any, payment processor fees paid by Restaurant to collect your Gift, are tax deductible or eligible for tax credits and takes no responsibility for how Gifters treat or report their Gifts or for any financial consequences or regulator activities arising out of such treatment or reporting.

 

Cake bears no liability, and has no obligation to participate or become involved, in any dispute between Gifters and Restaurants. When you make a Gift, you release Cake from claims, damages, and demands of every kind – known and unknown, suspected or unsuspected, disclosed or undisclosed – arising out of or related to the Gift Widget.

 

Cake reserves the right to modify, suspend or discontinue, temporarily or permanently, the Gift Widget (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom. Cake reserves the right, at our sole discretion, to change or modify portions of these Restaurant Gift Terms at any time with notice that is reasonable in light of the circumstances, such as by updating the Restaurant Gift Terms on any website maintained or owned by Cake related to the provision of the Gift Widget. Your continued use of the Gift Widget after the date of any such changes constitutes your acceptance of the new Restaurant Gift Terms.  Any dispute between the parties that arose before the effective date of the change shall be governed by the terms (including any applicable arbitration clause) that was in place when the dispute arose.