Terms & Conditions

Credit

This document was created using a Contractology template available at http://www.freenetlaw.com.

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Mama Cakes’ use of cookies in accordance with the terms of the company’s privacy policy and cookies policy.

Licence to use website

Unless otherwise stated, Mama Cakes, Cumbria and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

REPUBLISH MATERIAL FROM THIS WEBSITE (INCLUDING REPUBLICATION ON ANOTHER WEBSITE);
SELL, RENT OR SUB-LICENSE MATERIAL FROM THE WEBSITE;
SHOW ANY MATERIAL FROM THE WEBSITE IN PUBLIC;
REPRODUCE, DUPLICATE, COPY OR OTHERWISE EXPLOIT MATERIAL ON THIS WEBSITE FOR A COMMERCIAL PURPOSE.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website.

Restricted access

Mama Cakes, Cumbria reserves the right to restrict access to areas of this website, or indeed this entire website, at its discretion. If Mama Cakes provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Mama Cakes, Cumbria makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Mama Cakes 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.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

Mama Cakes Cumbria will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS; OR
FOR ANY BUSINESS LOSSES, LOSS OF REVENUE, INCOME, PROFITS OR ANTICIPATED SAVINGS, LOSS OF CONTRACTS OR BUSINESS RELATIONSHIPS, LOSS OF REPUTATION OR
GOODWILL, OR LOSS OR CORRUPTION OF INFORMATION OR DATA.

These limitations of liability apply even if Mama Cakes, Cumbria has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Mama Cakes, Cumbria’s liability in respect of any:

DEATH OR PERSONAL INJURY CAUSED BY MAMA CAKES’ NEGLIGENCE;
FRAUD OR FRAUDULENT MISREPRESENTATION ON THE PART OF MAMA CAKES; OR
MATTER WHICH IT WOULD BE ILLEGAL OR UNLAWFUL FOR MAMA CAKES TO EXCLUDE OR LIMIT, OR TO ATTEMPT OR PURPORT TO EXCLUDE OR LIMIT, ITS LIABILITY.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Mama Cakes, Cumbria has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Mama Cakes’ officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Mama Cakes, Cumbria’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Mama Cakes, Cumbria.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Mama Cakes, Cumbria and undertake to keep Mama Cakes indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Mama Cakes, Cumbria to a third party in settlement of a claim or dispute on the advice of Mama Cakes, Cumbria’s legal advisers) incurred or suffered by Mama Cakes, Cumbria arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Mama Cakes, Cumbria’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Mama Cakes, Cumbria may take such action as it shall deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Assignment

Mama Cakes, Cumbria may transfer, sub-contract or otherwise deal with Mama Cakes, Cumbria’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Mama Cakes, Cumbria in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with English Law and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of England.