Terms & Conditions

Terms and Conditions of Use

Jenna Rae Cakes Ltd. (“Jenna Rae Cakes”) provides a Site (currently located at https://jennaraecakes.com) (the “Site”). This Site is provided to you subject to your compliance with these Terms and Conditions (which incorporate by reference our Privacy Policy), and by using the Site you agree to be bound by them. If you do not wish to be bound by these Terms and Conditions please do not access or use the Site.

Modifications to the Terms and Conditions

Jenna Rae Cakes reserves the right, in its sole discretion, to change these Terms and Conditions at any time. The most current version of the Terms and Conditions will supersede all previous versions. You agree to review the Terms and Conditions periodically. Your continued use of this Site will constitute agreement to abide and be bound by the Terms and Conditions as modified (the “Agreement”).

Disclaimer

YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. JENNA RAE CAKES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. JENNA RAE CAKES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. JENNA RAE CAKES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JENNA RAE CAKES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DAMAGES FOR LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITIES, DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, ERRORS, DEFECTS, DELAYS IN PREPARATIONS OR TRANSMISSIONS, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JENNA RAE CAKES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Indemnification

You agree to indemnify, defend and hold harmless Jenna Rae Cakes, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Jenna Rae Cakes reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Jenna Rae Cakes in asserting any available defenses.

No Unlawful or Prohibited Use

As a condition of your use of this Site, you represent and warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. If you access the Site from a location outside of Manitoba, you are responsible for compliance with all local laws.

Account Registration

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password, and acknowledge that Jenna Rae Cakes is not responsible for third party access to your account that results from theft or misappropriation of your account. You may not assign or otherwise transfer your account to any other person or entity. You agree to immediately notify Jenna Rae Cakes of any unauthorized use of your password or account or any other breach of security and agree to take measure to prevent unauthorized access. Any personal information you provide in the registration form will be collected in accordance with, and for the express purposes set out in, the Privacy Policy. Jenna Rae Cakes reserves the right to refuse or cancel service, terminate accounts or access to the Site and its related services, or remove or edit content in our sole discretion, without notice.

Ownership of Content

The materials used and displayed on the Site, including but not limited to text, software, photographs, graphics, illustrations, artwork, video, music, sound, the compilation thereof, and names, logos and trade-marks are the property of Jenna Rae Cakes or its licensors and suppliers and are protected by copyright, trade-mark and other laws. Any such content may be displayed solely for your personal, non-commercial use and you agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the prior written permission of Jenna Rae Cakes. You also agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Jenna Rae Cakes content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Jenna Rae Cakes and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Jenna Rae Cakes or our licensors except as expressly authorized by these Terms and Conditions.

Third Party Sites

Jenna Rae Cakes may provide links to third party sites. These links are provided for convenience only and we do not endorse the information contained in those sites or guarantee their accuracy, timeliness or fitness for any purpose. The content in any linked site is not under our control and if you choose to access any such site, you do so entirely at your own risk.

Third Party Services

Certain services made available via Jenna Rae Cakes are delivered by third party sites and organizations. By using any product, service or functionality originating from the jennaraecakes.com domain, you hereby acknowledge and consent that Jenna Rae Cakes may share such information and data with any third party with whom Jenna Rae Cakes has a contractual relationship to provide the requested product, service or functionality on behalf of jennaraecakes.com users and customers.

Cancellation/Refund

Jenna Rae Cakes has a 100% satisfaction guarantee.  Upon receipt of your order, if the quantity or quality of the product are not as represented at the time of purchase on the website, you may request a full refund of your purchase price.  Jenna Rae Cakes will do everything possible to resolve customer complaints by communicating directly with customer via the contact information listed in their jennaraecakes.com account.  If Jenna Rae Cakes is unable to resolve an issue, we will provide replacement product, discount coupons, or a full refund. All cancellation requests must be submitted prior to your order being baked.  After baking, there are no refunds or exchanges.  However, at its sole discretion, Jenna Rae Cakes can grant cancellation and/or full or partial refunds after orders are baked. At no time are returns or exchanges of the Jenna Rae Cakes product permitted.  Because our product is a food item, we cannot accept returns or exchanges. All refund requests must be sent to orders@jennaraecakes.com.

General Provisions

This Agreement, including any documents referenced herein constitutes the entire agreement between Jenna Rae Cakes and you pertaining to the subject matter hereof and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Jenna Rae Cakes with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Jenna Rae Cakes’ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the laws of the Province of Manitoba and the laws of Canada applicable therein. The parties hereto irrevocably and unconditionally attorn to the exclusive jurisdiction of the courts of the Province of Manitoba. The parties expressly request and require that this Agreement and any related documents be drawn up solely in the English language. Les parties aux présentes convient et exigent que cette entente et tous les documents qui s’y rattachent soient rédigés seulement en anglais.

COPYRIGHT AND TRADE-MARK NOTICES:

© 2016 Jenna Rae Cakes Ltd. All rights reserved. No part of this Site may be reproduced, stored in a retrieval system or transmitted, in any form or by any means, electronic, mechanical photocopying, recording or otherwise without the prior written consent of Jenna Rae Cakes, except to the extent that such reproduction, storage or transmission is for your own personal use and for non-commercial distribution.

Jenna Rae Cakes Ltd. is either a registered trade-mark or trade-mark of Jenna Rae Cakes in Canada and/or other countries.

Any rights not expressly granted herein are reserved.

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