THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
For the purpose of these terms of use, wherever the context so require ‘You’ shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as a Registered User using the computer systems of Waracake.com
Membership Eligibility
This site is untended for use of people who are at least 13years of age. If you are below 13years old and you wish to use or transact on Waracake.com, such use or transaction may be made by your legal guardian or parents who have registered as users of Waracake.com. Waracake.com reserves the right to terminate your membership and refuse to provide you with access to Waracake.com if it is brought to Waracake.com’s notice or if it is discovered that you are under the age of 13 years.
Products
Waracake.com products are a constellation of cakes and various gift items from several producers. Products can be customized to meet buyers need and charges will be attached without prior consultation with the buyer. Payment for all order should be made electronically and through other means as specified by Waracake.com. The buyer does not own the right to choose the mode of payment he wants. Payments for products are non-refundable. Any questions regarding our product should be directed to our customer service line without the involvement of a third party.
Your Account and Registration Obligation
If you use Waracake.com, you shall be responsible for maintaining the confidentiality of your User ID and Password and you shall be responsible for all activities that occur under your User ID and Password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete that Waracake.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, waracake.com has the right to indefinitely suspend or terminate or block access of your membership with Waracake.com and refuse to provide you with access to the Website.
Charges
Membership on Waracake.com is free. Waracake.com does not charge any fee for browsing and buying on Waracake.com. However Waracake.com reserves the right to charge fee and change its policies from time to time. In particular, Waracake.com may at its sole discretion introduce new services and modify some or all of the existing services offered on Waracake.com. In such an event Waracake.com reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on Waracake.com. Unless otherwise stated, all fees shall be quoted in Nigerian Naira. You shall be solely responsible for compliance of all applicable laws including those in Nigeria for making payments to Waracake.com.
Online Conduct
Your use of a Site is subject to applicable local, state, federal and international law. Your use of a Site in violation of this Section 3.3 governing Online Conduct could subject you to criminal prosecution and/or personal liability for damages.
You agree not to use a Site or any of the Content for any illegal or harmful purpose. By way of example only, and not as a limitation, you specifically agree not to: (a) upload, post, e-mail, or otherwise transmit any material that is unlawful, indecent, pornographic, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including falsely stating or otherwise misrepresenting your affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through a Site; (e) upload, post, e-mail or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload, post, e-mail or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy, or other proprietary rights of any party; (g) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt any Site or servers or networks connected to any Site, or disobey any requirements, procedures, policies or regulations of networks connected to any Site.
Other Businesses
Waracake.com does not take responsibility or liability for the actions, products, content and services on Waracake.com website, which are linked to Affiliates and / or third party websites using Waracake.com APIs or otherwise. In addition, Waracake.com may provide links to the third party websites of affiliated companies and certain other businesses for which, Waracake.com assumes no responsibility for examining or evaluating the products and services offered by them, and Waracake.com does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Waracake.com does not in any way endorse any third party website(s) or content thereof
Mandatory Declaration
You hereby declare that you have provided all necessary Legal Delivery Details for the shipment of the product to the destination specified by you in the Order.
Disclaimer of Warranties and Liability
This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on Waracake.com on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Waracake.com does not warrant that:
• This website will be constantly available, or available at all; or
• The information on this website is complete, true, accurate or non-misleading.
Waracake.com will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, Waracake.com website.
Waracake.com does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through Waracake.com website; their servers; or electronic communication sent from Waracake.com are free of viruses or other harmful components.
Nothing on Waracake.com constitutes, or is meant to constitute, advice of any kind.
All the products sold on Waracake.com are governed by different state laws and if Waracake.com is unable to deliver such products due to implications of different state laws, Waracake.com will return or will give credit for the amount received by Waracake.com from the sale of such product, that could not be delivered to you.
You will be required to enter a valid phone number while placing an order on Waracake.com. By registering your phone number with us, you consent to be contacted by Waracake.com via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates.
Payment
While availing any of the payment method/s offered at Waracake.com, Waracake.com will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
1. Lack of authorization for any transaction(s), or
2. Exceeding the preset limit mutually agreed by you and between your “Bank/s”, or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason(s).
All payments made against the purchases/services on Waracake.com by you shall be compulsorily in Nigerian Naira acceptable by the Central Bank of Nigeria. Waracake.com does not accept any other form of currency with respect to the purchases made on Waracake.com.
While availing any of the payment method(s) offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to: 1. lack of authorization for any transaction(s), 2. or exceeding the preset limit mutually agreed by you and between your “Bank(s)”, 3. or any payment issues arising out of the transaction, 4. or decline of transaction for any other reason(s).
All payments made against the purchases on Waracake.com by you shall be compulsorily in Nigerian Naira acceptable by the Central Bank of Nigeria. Waracake.com does not accept any other form of currency with respect to the purchases.
Breach
Without limiting other remedies, Waracake.com may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to Waracake.com website in the event, but not limited to:
If you breach the Terms of Use or Privacy Policy or other rules and policies, if any;
If Waracake.com is unable to verify or authenticate any information you provide; or
If it is believed that your actions may cause legal liability for you, other Users or Waracake.com. Waracake.com may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with Waracake.com or use Waracake.com Website in any manner whatsoever until such time that such User is reinstated by Waracake.com. Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other rules and policies, Waracake.com reserves the right to recover any amounts due and owing by you to Waracake.com and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
Indemnity
You shall indemnify and hold harmless Waracake.com its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms of Use, privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights of a third party.
Jurisdictional Issues
Unless otherwise specified, the products on Waracake.com is presented solely for the purpose of sale in Nigeria. Waracake.com makes no representation that materials in Waracake.com are appropriate or available for use in other locations/Countries other than Nigeria. Those who choose to access this site from other locations/Countries other than Nigeria do so on their own initiative and Waracake.com is not responsible for supply of goods/refund for the goods ordered from other locations/Countries other than Nigeria, compliance with local laws, if and to the extent local laws are applicable.
Risk of Loss
All items purchased from Waracake.com are made pursuant to a shipment contract. This means that the Risk of Loss shall remain with Waracake.com until the item is transferred to You. In the event that the items are damaged after receipt, the risk falls on the customer.
Product Description
Waracake.com tries to be as accurate as possible. However, Waracake.com does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Waracake.com itself is not as described, your sole remedy is to return it in unused and perfect condition as it was delivered to the buyer within next 24hours of delivery time.
Services Rendered
The Seller agrees to compensate Waracake.com for the services rendered this will be based on a percentage off the selling price. Waracake.com reserves the right to alter or vary the available Services, the nature of the Services and any charges at its sole discretion. The Seller agrees to use reasonable diligence in providing Waracake.com with genuine products; up-to-date product quantity update; and accurate product information
Compensation
For all of the Services provided by Waracake.com under this Agreement, the Seller shall compensate Waracake.com, with commissions or other payments as required, in accordance with the terms of the Commission Structure.
Confidential information
The Seller and Waracake.com acknowledge and agree that the scope of work and all other documents and information related to the development of the Services (the “Confidential Information”) will constitute valuable trade secrets of Waracake.com. Seller shall keep the Confidential Information in confidence and shall not at any time during or after the terms of this agreement, without Waracake.com’s prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information. Excluded from the “Confidential Information” definition is anything that can be seen by the public.
Ownership
Seller warrants that everything it gives Waracake.com to use in the delivery of the Services or any deliverable is legally owned or licensed to the Seller.
Force Majeure
The Parties agree that there shall attach no liability for any inability to carry out any obligations under this Agreement if is attributable to an event of force majeure including but not limited to systems downtime, server failure, civil commotion, strikes or lock outs, war, flood, insurrection and other acts of God PROVIDED however that where an event of force majeure subsists for more than One (1) month the Party affected by such force majeure event shall be deemed to have voluntarily excused itself from the transaction contemplated by this Agreement.
