Terms and Condition

1. CAKE KITCHEN GUAM TERMS & CONDITIONS

1.1 This website (“Website”) is owned and operated by LSG Service Guam, Inc. trading as Cake Kitchen Guam. Any use of this Website and any order of products or items on this Website is subject to these terms and conditions of use (“Terms”). Please read the Terms carefully before using the Website. If you have any questions about the Terms, please email gum.cakekitchen.cs@lsgskychefs.com or call +(671)648-5801.

1.2 If you are below the age of 16, we ask that you obtain permission from your parent(s) or legal guardian(s) for accessing to and using the Website. If you do not have permission from your parent(s) or legal guardian(s) to do so, you must stop accessing to and using the Website immediately. By accessing to and using the Website, you confirm that you have read, understand, agree with and accept the Terms and that you accept responsibility for your acts and omissions, any charges associated with your access to and use of the Website and/or purchase of products, items and/or services.

1.3 You must not copy, modify and/or distribute any content of the Website (and/or its sub-domains),our trademarks and/or works protected/protectable by copyright and other intellectual property rights.

1.4 You must not harvest and/or otherwise collect any personal data from the Website and/or our systems.

1.5 The Website should not be used for unlawful, immoral and/or illegal purposes. We reserve the rights to deny access to and/or use of the Website by any users who violate or do not accept the Terms, and the Privacy and Cookies Policy at our sole discretion.

1.6 You must not engage in any conduct and/or do anything that would damage, impair and/or interfere with the operation or security of the Website, the systems hosting the Website, and/or any of our computer systems.

1.7 We may from time to time update the Website and change its content(s). We will use our reasonable efforts to ensure the Website is available, accessible and functioning, but if necessary, we may suspend access to the Website, or close it down indefinitely. We will not be liable if for any reason the Website or our system(s) become(s) unavailable at any time or for any period.

1.8 Our trade name and company name and other graphics, logos, designs, page headers, button icons, scripts, and service names are intellectual properties of ourselves, our affiliates and/or our licensors and may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any products, items and/or services in any manner that is likely to cause confusion.

1.9 We reserve the rights to change, amend, add and/or remove any provisions in the Terms("Amendments") at any time. You are advised to check the Terms from time to time for any Amendments that may impact you. By continuing the use of our Website, you agree to be bound by the Terms including any Amendments. The Amendments shall form an integral part of the Terms.

2. YOUR ACCOUNT

2.1 It is not compulsory to register for a Cake Kitchen Guam account on the Website before you place an order. When you register for a Cake Kitchen Guam account, you must:

(a) be at least 16 years of age;

(b) provide accurate, complete, up-to-date and correct information including your name, email address and contact phone number; and

(c) safeguard your username and password and any other pieces of information to access the Website(collectively “Your Password Information”).

2.2 We shall not be liable for any order that encounter delivery issues or other issues due to incomplete, incorrect or missing information provided by you. You are obliged to provide information that is completed, accurate, up-to-date and truthful for the proper processing of your order.

2.3 If you wish to delete your Cake Kitchen Guam account, please email gum.cakekitchen.cs@lsgskychefs.com requesting the same.

2.4 We have the absolute rights to refuse registration of any persons as a Cake Kitchen Guam member and to terminate the registration of any members for any reason whatsoever.

2.5 We require you to keep Your Password Information secure. You are fully responsible for all activity, liability, loss and damages resulting from your failure to maintain Your Password Information security. You agree to immediately notify us in writing of any unauthorized use of any of Your Password Information and/or any breach of security. You also agree that we cannot and will not be liable for any loss or damages arising directly or indirectly from your failure to keep Your Password Information secure. You agree not to provide your any of Your Password Information in combination to any other party. You must keep your account information including Your Password Information up-to-date, accurate and correct at all times, including a valid email address. To proceed with any transactions with Cake Kitchen Guam, you must provide and maintain authentic personal information such as valid contact phone number and email address.


3. ORDERS

3.1 Order will be ready to pick up or deliver to your designated address in Guam two (2) days after our confirmation of your order. We accept pick-up orders through our Website. For delivery, please email to gum.cakekitchen.cs@lsgskychefs.com or call + (671)648-5801 to place your order.

3.2 If you do not receive any confirmation email or are not otherwise contacted by us within 24 hours after your order is submitted, please contact us immediately through email to gum.cakekitchen.cs@lsgskychefs.com or call +(671)648-5801 to ensure your order is successfully placed.

3.3 Products cannot be customized for individual preferences. If you and/or any of your persons consuming the products has/have allergies, allergic reactions and/or dietary restrictions and requirements, please contact gum.cakekitchen.cs@lsgskychefs.com or call +(671)648-5801 before placing an order.

3.4 Products may be out of stock and are otherwise subject to availability. If any of the products ordered are not available, we will notify you as soon as we can.

3.5 Images and description of products/items shown on the Website are for reference only. Subject always to your statutory rights, we do not guarantee that the product images, description, price, and other contents on the Website are complete, accurate, up-to-date or error-free. You shall not be entitled to reject, exchange or return any product/item on the basis that it does not correspond exactly to the pictures on the Website.

3.6 Your order cannot be changed or cancelled once payment is completed.


4. SELF PICK UP / DELIVERY

4.1 Please refer to the self pick up page and delivery page.

4.2 All risk in respect of all products/items purchased by you shall pass to you on your collection of the products/items via the self pick up or on delivery of the products/items to you via the delivery service. Ownership in the products/items purchased shall pass to you on collection or delivery subject to our receipt of full payment.

5. PRICE AND PAYMENT

5.1 We may offer promotional discounts from time to time. This means that prices are subject to change until payment for your order is processed.

5.2 If there is an obvious pricing mistake, we will notify you as soon as we can and you will have the choice of confirming the order at the original price or cancelling the order without charge.

5.3 The total price of your order (including delivery charges, if applicable) will be set out on the checkout page on the Website before payment confirmation. Payment for all products, items and deliveries (if applicable) can be made on the Website by credit card or other payment methods listed on the Website. No contract for the sale of any product, item or service will exist between you and us until we confirm your order by email to the email address provided in your order.

5.4 We accept cash handling.

6. VOUCHERS, DISCOUNTS AND PROMOTIONS

6.1 From time to time, we may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Website. Vouchers are valid only within Guam and are subject to validity periods, redemption periods, and in most cases, may only be used once.

6.2 Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply.

6.3 Vouchers cannot be exchanged for cash.

6.4 In case of dispute arising in this section 6, we reserve the right of final decision.


7. LIABILITY

7.1 We have used our commercially reasonable efforts to prepare this Website. However, we will not be responsible for any error or omission in relation to any contents on the Website or for any technical problems you may experience when using the Website or our service. If we are informed of any inaccuracies on the Website, we will attempt to make correction as soon as we reasonably can.

7.2 Notwithstanding all efforts made by us to ensure the security, functionality and accuracy of the Website, and to the extent permissible by law, we shall not be liable to you or to anyone (whether in tort, contract, equity, or otherwise) for any loss or damage of whatsoever amount (including but not limited to direct or indirect loss, loss of profits or data, or special, incidental, exemplary, punitive or consequential loss) arising out of or in connection with (i) any use, reference to or reliance on any contents or materials in the Website; (ii) any inaccuracy, omission, mis-statement or error in any contents or materials in the Website;(iii) the access to or use of the Website; (iv) the access to or use of any information or contents held on or through the Website by unauthorized third parties; (v) any delay, disruption, defect, failure, or technical error caused by the Website; (vi) any act, omission, error, warranty, representation, breach, or negligence of third parties or any injury, illness, death, loss, or damage arising from your access to or use of any third party websites, applications, products or services available in the Website; or (vii) the performance or non-performance by us with respect to products or services available on the Website; even if you have been advised of the possibility of any or all of the foregoing.

7.3 Notwithstanding the above, and to the extent permissible by law, you agree that in the event we are held liable for any damages related to this Website, your sole and exclusive remedy will be limited to the amount you paid for services or products. With respect to services or products provided by third parties, we disclaim any and all liability relating to them. To the extent permissible by law, you waive any and all rights to bring any claim or action related to this Website in any forum beyond one year after the first occurrence of the kind of act, event, condition or omission upon which such claim or action is based.

7.4 You agree to indemnify and keep us, our parent company, affiliates, officers, directors, representatives, employees, agents and licensors indemnified from and against any liability, loss, claim, dispute, demand, damage or cost (including without limitation legal fees) which arises out of or is caused by your breach of any provision in the Terms, your access to or use of the Website or your violation of any laws or third party rights.

7.5 We shall not be liable for or be deemed to be in breach of the Terms for any delay or failure in our performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, epidemic, pandemic, labor difficulties, equipment failures, shortage of transportation, facilities, fuel, energy or materials, viruses or other malware, technologically harmful materials, or any other causes beyond our control.

8. PERSONAL DATA PROTECTION

8.1 Protecting your privacy is very important to us. Please review our Privacy and Cookies Policy, which explains how we treat your personal information and protect your privacy. You must read, understand, agree with and accept all of the terms and conditions contained in the Privacy and Cookies Policy. Except as provided in our Privacy and Cookies Policy, we will not sell, transfer, use or disclose your personal information (as set out in the Privacy and Cookies Policy) to third parties without your express consent.

8.2 Cake Kitchen Guam account including any vouchers and membership credit will be cancelled if you have not logged in using that account for over twenty four (24) months.

9. PREVAILING LANGUAGE

9.1 The Terms were written in English. In the event of a dispute as to the Terms, the English version shall prevail. The English language version of the Terms shall control in all respects and shall prevail in case of any inconsistencies with translated versions.


10. MISCELLANEOUS

10.1 Except to the extent that other laws are applicable to you and that such application cannot be waived or altered by contract, the Terms, our Privacy and Cookies Policy shall be governed by and construed in accordance with the laws of the Territory of Guam, United States of America, without regards to principles of conflicts of law. The federal and local courts located in the Territory of Guam shall have exclusive jurisdiction to adjudicate any disputes arising from your access to and use of the Website, and any contracts between you and us.

10.2 You are welcome to provide any ideas and suggestions regarding improvement to our services and products. In no event shall the provision of such feedback be subject to any obligation of confidentiality or expectation of compensation. By submitting any feedback to us (whether directly or indirectly), you waive any and all rights in it and acknowledge that we will be free to implement or modify it if desired.