Terms and Conditions

CAKE FOR DAYS PTY LTD – WEBSITE TERMS OF USE

This website, located at www.tiggamac.com, (Site) is operated by CAKE FOR DAYS PTY LTD (we, our, us, Cake For Days).

Consent:

The following terms and conditions (Terms) governs your use of the Site and forms a binding contractual agreement between you and Cake For Days. By accessing the Site and/or purchasing goods from Cake For Days, you agree to these Terms.. Please read these Terms carefully and immediately cease using our Site if you do not agree with any part of these Terms.

Variations:

We reserve the right, at any time and at our discretion, to vary any part of these Terms by publishing the varied terms on our Site. It is your responsibility to check this page periodically to ensure you are aware of our current Terms.

Materials, information (including but not limited to information about products and services, product descriptions, and prices), artworks, written works, photographs, and other works made available through the Site (Content) are subject to change without notice.

We reserve the right at any time to modify, permanently or temporarily discontinue or suspend any part of our products and services or Content without notice or liability.

Payment

Payment must be made in full at the time of any online order. Cake For Days utilises the services of third party, Stripe, to process payments on the Site. You are responsible for making your own enquiries into and abiding by the terms and conditions of the use of Stripe. All enquires or issues relating to payment processing must be directed to Stripe. In no event shall Cake For Days be responsible or liable for any payment processing issue or error. Cake For Days will not be responsible for any direct or indirect loss or damage or any consequential or other loss suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

Prohibited conduct:

You agree that in using our Site, you must not do or attempt to do anything that is unlawful; or which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

(a) anything that would constitute a breach of any privacy rights (including but not limited to uploading personal information without an individual’s consent), intellectual property rights or any other legal rights;

(b) using our Site to defame, harass, threaten, menace, abuse or offend any person, or otherwise upload, post, or transmit information to the Site that is unlawful, harmful, defamatory, vulgar, obscene, hateful, or racially, sexually, ethnically offensive or otherwise objectionable or vilifying;

(d) uploading, posting or otherwise transmitting any material that contains software viruses or any other computer code, files or programs designed to collect information or materials or otherwise, which disables, limits, damages or interferes with features or the functionality of our Site, the server hosting our Site, or servers or networks connected to the server hosting our Site or otherwise any computer software or hardware or telecommunications equipment;

(e) using our Site to send unsolicited email messages; or

(f) facilitating or assisting a third party to do any of the above acts.

Intellectual Property:

Unless otherwise indicated, the intellectual property rights in and to our Site and all of the Content is and remains the property of Cake For Days and/or its licensors. For the avoidance of doubt, Cake For Days owns the intellectual property rights to any recipes made available on the Site. Your use of our Site and/or your purchase of and access to any Content does not grant or transfer to you any right, title or interest in relation to our Site or the Content. You must not:

(a) use, in whole or in part, any Content other than for your own personal, non-commercial use (prohibited purposes include but are not limited to competing with Cake For Days, using Content for advertising or other revenue generating activity on your own website or any other platform, or any other commercial or monetising activity);

(b) copy, reproduce, publish, communicate, retransmit, distribute, disseminate, sell, perform in public , adapt, broadcast or circulate, in whole or in part, any Content; or

(c) breach any other intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content;

without obtaining our prior written consent and/or license.

User Content Submission:

You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to:

(a) alter, edit, adapt, modify, and/or combine the User Content with any other media (New Content); and

(b) use, download, distribute, monetise, commercialise, promote, license, sell, transfer, communicate, publish, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and New Content throughout all media now known or hereafter devised.

All rights (including copyright) in and to any New Content that Cake For Days creates or generates that includes or incorporates the User Content, in whole or in part shall, upon creation, vest in and be owned by Cake For Days in perpetuity throughout the world. To the extent that you have any right, title or interest in or to the New Content, you irrevocably assign to Cake For Days all right, title and interest in and to the New Content in perpetuity throughout the universe without restriction. To the extent such an assignment or transfer is not permitted under law, you agree to grant Cake For Days an irrevocable, perpetual, exclusive, royalty-free licence (and licence to any third party authorised by us) to use or not use, reproduce, publish, perform in public, monetise, commercialise, promote, copy, modify, recontextualise, edit, adapt, communicate, transmit, sell, licence, rent, hire, lease, assign, dispose, destroy, and otherwise exploit the New Content (in whole or in part) without restriction throughout the universe in all media now known or hereafter devised.

To the extent that you have any so-called "moral rights" in the New Content, you irrevocably consent to waive all moral rights you have in such New Content. Without limiting the foregoing, you voluntarily and unconditionally consent to any and all acts by Cake For Days (or any person authorised by us) in connection with the New Content which would otherwise infringe your moral rights.

Third party sites:

Our Site may contain links to websites operated by third parties. Those links are provided for convenience only and may not remain current, accurate, or be maintained. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the information, products or services on those websites. You should make your own investigations with respect to the suitability of those websites and interact with them at your own risk.

Warranties and disclaimers:

All information and materials provided through the Site are provided on an “as is” basis without any warranty or condition, express or implied. To the maximum extent permitted under applicable law, Cake For Days specifically disclaims all warranties including, without limitation, implied warranties of title, quality, performance, merchantability, fitness for a particular purpose and non-infringement. Further, no warranties shall be implied by any course of dealing or course of performance. Further, we make no representations or warranties about our Site or the Content, including (without limitation) that:

(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b) access will be uninterrupted, error-free or free from viruses; or

Limitation of liability:

To the maximum extent permitted by law, Cake For Days shall not be responsible for any loss, liability, cost, damage, charge or expense whatsoever or howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent suffered by you or any third party, arising from or in connection with (a) your use of our Site and/or the Content; (b) your purchase of any of Cake For Day’s goods or services; (c) any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data due to technical issues beyond Cake For Day’s control and (d) the fact that the Content is incorrect, incomplete or out-of-date. For the avoidance of doubt, Cake For Days takes no responsibility for any allergic reactions that may arise from the use or reproduction of any Content. It is your sole responsibility to read the materials provided in the Content and to not use any part or whole of it.

Indemnity:

You hereby agree to indemnify us, and hold Cake For Days and each of its employees, contractors, representatives, and agents harmless, against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including legal expenses) suffered or incurred by us arising from or in connection with: (a) your use or misuse of our Site, products, services, or Content, (b) any breach of these Terms or any applicable laws, or (c) your use or disclosure of another person’s personal information including any financial or billing information which you are not authorised to use or disclose.

Disputes:

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by any person who has the authority to reach a resolution on behalf of the party, meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance:

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or the relevant part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction:

Your use of our Site and these Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts operating in Victoria.

Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, please contact us at:

Cake for Days Pty Ltd via email: hello@cakefordays.com

Last update: 30th August 2024