​TERMS AND CONDITIONS – Cake Art By Abby
www.cakeartbyabby.com
Effective date: 25 June 2020

1. Introduction

Welcome to the Cake Art By Abby website which is located on www.cakeartbyabby.com (“Site” or “Website”).
This website is operated from Massachusetts, United States. Throughout the Site, the terms “we”, “us” and “our” refer to Cake Art by Abby. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/ or purchasing something from us (“Customer”), you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, customers, merchants, and/ or contributors of content.
PLEASE READ THE FOLLOWING TERMS AND DISCLAIMERS CAREFULLY BEFORE USING THE SERVICES.
By accessing or using our Services, you agree to these Terms, conditions, and all applicable laws. If you do not agree with these Terms, our Privacy Policy, or any other of our policy, you should not use the Services.

1. Permitted use

You agree to use our Site, Products and Services only for purposes that are permitted by these Terms and Conditions and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site and Services for your non-commercial, non-exclusive, non-assignable, non-transferable, and limited personal use, and no other purposes.
You will not (and will not attempt to):

1. Access any of the Services by any means other than through the interface that is provided by Cake Art By Abby;
2. Gain unauthorized access to Cake Art By Abby’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, Cake Art By Abby’s networks, and computer systems;
3. Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
4. Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
5. Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose.

1. Our Products
   
   

• What we provide. We provide cake kits, monthly subscription courses, recipes, customized cake orders, and several other products and services described on our Site.
  
  
• Descriptions of our products. The pictures of our products (and packaging) on our website are for illustrative purposes only. We work to ensure that colors are displayed accurately but we can’t guarantee that a device’s display of the colors exactly reflects those of our products.
  
  
• Sole discretion. We reserve the right to add/discontinue any product or service anytime at the sole discretion and without notice.
  
  

1. Product Warnings and Disclaimers

 

• Some of our products come into contact with food. You are solely responsible for the proper and safe washing, handling, preparation, storage, cooking, use, and consumption of the products you receive from us.
• For any edible or food items (which include candy/chocolate melts, sprinkles, edible paint/luster) we may send to you, you are also solely responsible for knowing about any food allergies, reaction, medical condition you may have and verifying the products and their contents before handling, preparing, using or consuming such products.
• Some of our products such as flower nail have sharp points and the cake comb is made of metal which may cause injury if used without caution. You are solely responsible for taking all safety measures when using all of our products.
• Although Cake Art By Abby aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the Course Materials/Videos and any reliance by Customer on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.

All customers hold Cake Art By Abby harmless for any harm, injury, or responsibility for harm or injury, resulting from the use of any of our products and services.

1. Eligibility to Purchase

The purchase of products and services through Cake Art By Abby is strictly limited to parties who can lawfully enter into and form contracts on the Internet.  To make purchases on the Site you may be required to provide your details and payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.
Cake Art By Abby reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

1. Orders

All orders are subject to acceptance and availability. Once you have placed your order on the Site, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order. Acceptance of your order will be perfected upon completion of the packing of your order unless you cancel your order. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party because of our withdrawing any product from the Site or refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

1. Beginners Course with Monthly Goodies (Subscription)

Cake Art By Abby provides a 6-month program course that contains monthly goodies and access to exclusive tutorial videos. You can find more information about the subscription plan by clicking here.
To cancel your subscription, please send an email to cakeartbyabby@gmail.com with your cancellation request to deactivate your subscription.

1. Payment

Cake Art By Abby uses Stripe to handle payments. Using Stripe allows customers to make payments with their debit and credit card without having to create an account. Stripe accepts payments from these cards:

• Visa (credit and debit cards)
• MasterCard (credit and debit cards)
• American Express
• Discover (US merchants only)

We reserve the right to add or change our payment methods at sole discretion anytime. The latest payment method will be displayed on our website.

1. Pricing Policy

Prices shown on the Site are in US Dollars and are exclusive of taxes.   Sometimes we need to make changes to the price of some of our products and services. When this happens, we’ll update the prices on our website. If you had placed your order for a product before the price change, the price will be as stated on our website at the time when you had placed your order.

1. Shipping, Returns and Refunds

Please refer to our Shipping, Returns and Refunds policy for more information on this section.

1. Discount Codes

We may provide promotional codes offering a discount on our product. Promotional codes cannot be used on past purchases. Promotional codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotional code or offers and must be used by the date published, if any. Only one promo code can be used at checkout. We reserve the right at any time without notice to retract and/or change the terms of promotional codes.

1. Limited License and Site Access; Acceptable Use

We grant you a limited license to use the Site for personal non-commercial use only. You may not: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of this Site not intended to be so read; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site in any form or by any means; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
You use this Site at your own risk. You agree that you will be personally responsible for your use of this Site and all of your communication and activity on this Site. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

1. Accounts, Registrations, and Passwords

If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer.  If you open an account, register, or otherwise provide us with any information, you agree to provide us with current, complete, and accurate information as requested by any forms. Cake Art By Abby is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control of Cake Art By Abby. You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a "Password") is confidential information and must be kept secure. You may not disclose such a Password to another person or entity or permit another entity to access the Site using such a Password. You must notify Cake Art By Abby immediately of any breach of security or unauthorized use of your account. Cake Art By Abby cannot be responsible and disclaims all liability in connection with, the use of any information that you post or display on this Site.

1. Intellectual Property Rights

Your use of the Site and its contents grants no rights to you concerning any copyright, designs, and trademarks and all other intellectual property and material rights mentioned, displayed, or relating to the Content (defined below) on the Site.  All Content, including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site, are protected by national intellectual property and other laws. Any unauthorized reproduction, redistribution or other use of the Content is prohibited and may result in civil and criminal penalties. You may use the Content only with our prior written and express authorization. To inquire about obtaining authorization to use the Content, please contact us at cakeartbyabby@gmail.com
In addition to the intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio, or text on the Site.

1. Monitoring Activity

CAKE ART BY ABBY has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. CAKE ART BY ABBY has no obligation to display or post any content. CAKE ART BY ABBY, subject to the Privacy Policy reserves the right to disclose, at any time and from time to time, any information or posted the content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request. CAKE ART BY ABBY shall have no liability in connection with any content or content submitted to, transmitted via, or displayed or posted on this Site, regardless of whether provided by CAKE ART BY ABBY or any other party.

1. Digital Millennium Copyright Act (DMCA)

Cake Art By Abby expects all users to respect the intellectual property rights of others. Cake Art By Abby may remove material that appears in its sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may notify us at cakeartbyabby@gmail.com.  The notification must include the following information: physical or electronic signature of the owner or authorized agent of the owner of the allegedly infringed work; identification of the allegedly infringed work; identification of the material that is claimed to be infringing and reasonably sufficient information for Cake Art By Abby to locate the material; contact information of the notifying party, such as an address, telephone number, and email; a statement that the notifying party has a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the allegedly infringed work, its agent or the law; and a statement, under penalty of perjury that the information in the notification is accurate and the notifying party is the owner or authorized agent of the allegedly infringed work.

1. Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CAKE ART BY ABBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE IS AT YOUR OWN RISK.

1. Limitation of Liability

You agree that in no event shall Cake Art By Abby be liable to you, or any third party, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Site or the Terms and Conditions, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, any (i) errors, mistakes, or inaccuracies in any Content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the Content; (ii) the transmission of any bugs, viruses, Trojan horses or the like which may infect your equipment, failure of mechanical or electronic equipment; (iii) unauthorized access to or use of the Site or Cake Art By Abby' secure servers and/or any personal information and/or financial information stored therein; or (iv) theft, operator errors, strikes or other labor problems or any force majeure.

1. Indemnification

You agree to indemnify and hold Cake Art By Abby and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of the Site, breach of the Terms and Conditions or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandates, or the rights of a third party.

1. Choice of Law; Disputes

You will resolve any claim, cause of action or dispute (together with a “claim”) you have with Cake Art By Abby arising out of or relating to the Site or the Terms and Conditions exclusively in a state or federal court located in Massachusetts, United States. The laws of the State of Massachusetts, USA, will govern the Terms and Conditions, as well as any claim that may arise between you and Cake Art By Abby, without regard to conflict of law principles. You agree to submit to the exclusive personal jurisdiction of the courts of the State of Massachusetts to litigating all such claims. Any dispute arising hereunder or related to your use of the Site shall be solely between you and Cake Art By Abby, and to the fullest extent permitted by law, no dispute or proceeding shall be joined with any other or decided on a class-action basis. In the event any breach of these Terms and Conditions portends irreparable injury to Cake Art By Abby, you agree that Cake Art By Abby shall be entitled to seek equitable relief, including injunctions and declaratory judgments, in addition to any other remedies permitted by law.

1. Children

You may not use or engage with our website if you are under 18 years of age.  If you use or engage with the website and are under 18 years of age, you must have your parent’s or legal guardian’s permission to do so.  By using or engaging with the website, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the website.

1. Privacy & Cookies

For more information on how we collect your information and cookies, please refer to our Privacy Policy and Cookie Policy.

1. Changes

We reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revised since your last visit to the website by referring to the "Effective Date of Current Policy" date at the top of this page. Your use of our Site constitutes your acceptance of these Terms and Conditions as amended or revised by us from time to time, and you should, therefore, review these Terms and Conditions regularly.

1. Electronic Communications

When you visit the Site or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication is in writing.

1. Severability

If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.

1. Entire Agreement

These Terms and Conditions set forth the entire understanding and agreement between you and Cake Art By Abby concerning the subject matter herein and supers all prior or contemporaneous communications and proposals, whether electronic, oral or written concerning the Site. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the Terms and Conditions, or assign, transfer or sublicense your rights therein. A failure to act concerning a breach by you or others does not waive Cake Art By Abby's right to act concerning subsequent or similar breaches.

1. Contact Us

For any questions, complaints, and queries or to report any violations, kindly send us an email on:
Email: cakeartbyabby@gmail.com
Cake Art by Abby
South Shore, Massachusetts,
The United States of America.
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