Terms and Conditions

Terms and Conditions:
By accessing, browsing or using this website or the links accessible within this site, you agree to the terms, conditions and disclaimers. The information and the resources contained on and accessible through this site are made available by The Cake Directory, and/or its suppliers and vendors, and are subject to your agreement to their terms and conditions. The Cake Directory may amend these Terms and Conditions at any time without prior notice to you by posting revised Terms on our sites and any amendment will become effective immediately. Your continued use of this website after amendment constitutes an agreement to abide by and be bound by these Terms and Conditions, as amended. This website contains material which is owned by or licensed to The Cake Directory, this material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited. All links and/or images reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Advertising on this site:
User Accounts and Listing Packages
In order to list your business on, advertise on our site you must create a user account for the area in which you wish to list in. Creation of a user account is free of charge. You must keep your password for our site safe and secure and operate your user account in accordance with these terms and conditions.
You may choose one package to list your business on our site. You may also request Additional Services such as banner advertising on the site (as described in “Additional Services” below).
In order to bookmark any Tutorials you must create a user account on the www.thecakedirectory.com/tutorialsandmore website, this user account will be separate to your business listings user account.
The advertiser must genuinely serve the area in which they wish to be listed.
Any Listing Package provides the following services but not limited to:
A listing of your company or business name, the region and country in which you are located and your website or facebook address (you are only permitted to list one company or business and one website for each Listing Packages); and Inclusion in the searches performed by users of our site.
If you do not wish to be listed on our site and wish to terminate your user account, or Listing Packages please email info@thecakedirectory.com and we will remove your listing as soon as is practicable.
The Listing Packages (“Paid Listing Packages”) provide registered users with the services described on our site in return for the relevant fees set out on our site and in accordance with “Fees and Payments” listed below.
We may at our absolute discretion refuse a user account or any type of listing package to any person or entity and we shall not be obliged to state our reasons for such refusal.
Term of user accounts and listing packages
User accounts and Listing Packages shall continue unless they are terminated by either party in accordance with “Termination” below.
Paid Listing Packages shall commence from the date on which full payment is received by us and shall continue for a period of the period depicted by the package taken. Upon the expiry of such said period, unless we have received notice from you by email to info@thecakedirectory.com of your clear wish to terminate your Paid Listing Package, your Paid Listing Package shall automatically and without further notice renew for a further period as depicted by the package taken and your Paypal account shall be debited for the relevant payment.
Paid Specials: Specials are for a limited time, and may be withdrawn at any stage without prior notice. If you select a special offer our paid packages including specials are set on a recurring subscription, you will be automatically charged for a further period at the normal price as depicted by the package taken unless you cancel your subscription.

Either of us may terminate a Paid Listing Package in accordance with the provisions “Termination” as listed below.
Fees and payment
The fee for any Paid Listing Package shall be as set out on our site at the time that you make payment for the Paid Listing Package. This fee may change from time to time.
The fees for Additional Services (as described in “Additional Services” below) shall be as set out on our site at the time that you make payment for the Additional Services. These fees may change from time to time.
All fees are exclusive of Added Tax or any applicable sales tax in any state/jurisdiction unless specified otherwise on our site. Fees are also exclusive of all taxes, duties and levies of any kind (including withholding tax) which for the avoidance of doubt, you shall be liable to pay.
Payment for all fees is to be made through Paypal and you must ensure that you have a validly operating Paypal account before you commence the order process for Paid Listing Packages or Additional Services.
All fees are quoted in the currency of the location of which you wish to list in, if any – exchange settlements will be as provided by Paypal and your financial institution.
Cancellation
You may within 7 days of completing the online application for a Paid Listing Package, cancel your Paid Listing Package. To cancel your Paid Listing Package, you must email info@thecakedirectory.com within the aforementioned time period providing clear notice of your wish to cancel your Paid Listing Package.
If we receive notice of cancellation of your Paid Listing Package within 7 days, we will refund the listing fee you paid back to your Paypal account within 30 days of our receipt of such notice.
Termination
You may terminate your user account or Listing Package in accordance with “Cancellation” above and we may terminate your user account or Listing Package at any time without notice to you by removing your listing from our site. You agree that any termination of your access to the The Cake Directory Services may be effected and agree that The Cake Directory may immediately deactivate or delete any account you may have and all related information and files in any such account and/or bar any further access to such files or The Cake Directory Services. Further, you agree that The Cake Directory shall not be liable for the discontinuation or termination of your access to The Cake Directory Services even if advised of a claim for damages.
You may terminate your Paid Listing Package at any time by emailing info@thecakedirectory.com and providing us with clear notice of your wish to terminate your Paid Listing Package. Subject to “Cancellation” above, no refund of any fee will be provided on termination. Such termination of your Paid Listing Package shall be effective from the date on which we remove your Paid Listing Package from the site.
We may terminate your user account, Paid Listing Package and the agreement between us without notice and without any liability to make any refund or other payment to you in the following circumstances:
a. you have breached these terms and conditions, the Acceptable Use Policy or the Privacy Policy in any way;
b. you are in our opinion transmitting or otherwise connected with any ‘spam’ or any other form of unsolicited bulk email or communication;
c. your user account or listing package may in our reasonable opinion adversely affect our goodwill or reputation; or
d. you or us cease to carry on business, are declared bankrupt or enter into an insolvency or administration procedure.
Consequences of termination
Upon termination of the agreement between us, your right to use the registered user sections of our site shall immediately cease. We have no obligation to maintain any of your posted content, Additional Services or any content within your listing.
Any termination of the agreement between us shall not affect any rights or liabilities that have accrued to us prior to such termination.
Additional Services
Additional Services such as banner advertising or badge advertising on our site, being featured in our newsletter and having your photo displayed on our site home page are described on our site and may change from time to time. Additional Services are limited in number and will be accepted on a first come first served basis. We accept no liability for Additional Services not being available.
Advertisements purchased as Additional Services shall be in the size, format and location specified on our site at the time you make payment or in such similar location as we in our absolute discretion determine and shall be displayed on our site for the period of time specified on our site at the time you make payment.
You warrant that your advertisement complies with all applicable law and regulation (including self regulation such as the CAP Code) and you shall indemnify us for any loss, damage or other liability that we may suffer as a result of you breaching this condition.
We may in relation to Additional Services provide specifications as to the materials to be provided by you in order for us to fulfill the delivery of such Additional Services. If you do not provide the specified materials in the manner and form specified within the time period stated, we shall not be obliged to fulfill the delivery of such Additional Service and no refund shall be made in relation to your payment for such Additional Services.
We may reject in our absolute discretion any materials submitted in relation to Additional Services and may request you to provide amended or additional materials.
If you decide to withdraw your advertisement for any reason, we shall not be obliged to provide you with a refund.
We do not guarantee or make any representation or warranty as to the outcome (such as response levels to advertisements) of your purchase of any Additional Service.
All advertising content is subject to our approval and we reserve the right to reject or cancel any advertisement that we deem to be unsuitable for any reason.
We accept no liability for any errors in any advertisements (or for errors in any content on our site).
Posting Material on the Site:
The Site allows users to post or upload User Content. You acknowledge and agree that the person who posts User Content, and not The Cake Directory, is solely responsible for such content and solely liable for any and all loss or damage caused by such content. The Cake Directory does not control User Content and cannot guarantee the accuracy, integrity or quality of any such content.
You understand that by using The Cake Directory Services, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will The Cake Directory be liable in any way for any User Content, including but not limited to any errors, omissions or misrepresentations in any User Content, or for any loss or damage arising from any User Content and/or any use thereof
If you do choose to post content on the Site, you understand that such content will be available publicly. You should not assume that you are anonymous online and cannot be identified by User Content. You agree that all User Content you post will comply with the requirements of this Agreement.
Acceptable Use – Restrictions on Use of the Site:
You agree not to use the site to:
a. Post or send any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
b. Harm or threaten to harm any person in any way;
c. “Stalk” or otherwise harass any person;
d. Impersonate any person (including an The Cake Directory agent or moderator), or falsely state or otherwise misrepresent your affiliation with any person or entity;
e. Post or send any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid scheme promotions or any other form of solicitation except (i) to the extent that any such solicitation complies with applicable laws, and (ii) in areas of the Site (if any) that The Cake Directory has expressly designated for such purpose;
f. Disseminate or transmit any content that infringes or violates any party’s copyright, trade mark, trade secret rights, patent or other proprietary rights, including but not limited to using third party copyrighted materials or trade marks without appropriate permission and attribution, or using or distributing third party information in breach of a duty of confidentiality;
g. Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs;
h. Violate any applicable law, whether or not intentionally;
i. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content;
j. Post any content in breach of a legal obligation including one imposed on you by a contractual or fiduciary relationship (e.g., content comprising inside information or proprietary or confidential information which you learned as a result of an employment relationship or under a nondisclosure agreement);
k. Interfere with or disrupt The Cake Directory.com Site, The Cake Directory Services or servers or networks connected to the Site, or breach any requirements, policies or regulations of networks connected to the Site;
l. Collect or store personal data about other Site users;
m. Engage in any activities that would violate the data protection or privacy rights of others, including but not limited to collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
n. The Cake Directory is not by any means obligated to monitor the comments or contents throughout the site and will not be held responsible for any content posted into the comments areas. The Cake Directory does, however, reserve the right to review, edit, modify or delete messages posted and to remove any messages at any time, without notice, for any reason whatsoever.
Use of The Cake Directory.com Site by Children:
If you are under the age of 14, you should not register for any The Cake Directory Services or promotions or otherwise provide any of your personal data to The Cake Directory without the permission of your parent or guardian. If you use The Cake Directory.com Site, we will assume, and you confirm, that you are 14 years of age or older or that you have the permission of your parent or guardian.
If you are the parent or guardian of a child under the age of 14, you should carefully supervise your child’s use of The Cake Directory Services and the Site. It is the responsibility of parents or guardians, and not The Cake Directory, to determine whether any part of The Cake Directory.com Site or any site linked to from The Cake Directory.com Site is appropriate for their children. The Cake Directory invites parents and guardians to visit the Australian Government NetAlert website at http://www.netalert.gov.au/ for information and advice on protecting their children when they are online.
Registering on The Cake Directory.com Site:
In order to receive certain services or participate in promotions on The Cake Directory.com Site, and provided you are 14 years of age or older or have the permission of your parent or guardian, The Cake Directory may require you to register for those services or promotions. You agree to provide The Cake Directory with accurate and complete information about yourself when registering for services or promotions on The Cake Directory.com Site. You also agree to notify The Cake Directory of any changes to that information, to ensure that it remains accurate and complete at all times. We reserve the right to terminate this Agreement and/or your use of The Cake Directory.com Site if any information provided by you is inaccurate or incomplete. If you wish to terminate your registration for any Service, please email The Cake Directory Customer Services (see Contact Us for details).
Passwords and Security:
Access to certain The Cake Directory Services may require you to choose a user name (or nickname) and password. If you do so, (i) you confirm by so doing that you are 14 years of age or older or have the permission of your parent or guardian), and (ii) you are responsible for maintaining the confidentiality of your password and account information and for logging out of your account at the end of each session. In selecting a user name, you agree not to (i) attempt to impersonate another person; (ii) use a name subject to the rights of any person without their permission; or (iii) use a name that is offensive to people of ordinary sensitivities, illegal, or infringing. You are fully responsible for all activities that occur under your password or account. You agree to notify The Cake Directory immediately of any unauthorised use of your password or account or any other breach of security. The Cake Directory accepts no liability for any loss or damage arising from your failure to comply with this paragraph.
Dealings with Tutorial owners, Advertisers, Third Party Sites and Links:
An essential part of The Cake Directory Services consists of providing links to other sites or resources on the World Wide Web operated by third parties. Because The Cake Directory has no control over such sites and resources, you acknowledge and agree that The Cake Directory is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or materials on or available through such sites or resources. You further acknowledge and agree that The Cake Directory shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods or services on or available through any such site or resource. Finally, you acknowledge that such third party sites usually have their own terms and conditions, including privacy policies, over which The Cake Directory has no control and which will govern your rights and obligations with respect to the use of those Websites.
Furthermore The Cake Directory makes no claims to own any of the Tutorials listed on this website unless stated otherwise. The majority of the tutorials found on The Cake Directory have been created by the Author’s free of charge or for minimal cost. If you are the owner of any of the Tutorial’s listed and you are opposed to it or any of your images being on this website please contact The Cake Directory and they will be removed as soon as possible.
Reporting Illegal Content:
If, by means of a link provided on The Cake Directory.com Site, you discover any of the following types of content on a site operated by a third party, please report it directly to the Australian Communications and Media Authority (“ACMA”). ACMA will investigate all valid complaints and take action in relation to prohibited and potentially prohibited content. For more information, or to make a complaint, visit the ACMA website at http://www.acma.gov.au:
• Child sexual abuse images hosted anywhere in the world
• Criminally obscene content
• Incitement to racial hatred content
• Inappropriate chat or behaviour with or towards a child online
Compliance with Laws:
You agree to comply with all laws applicable to your use of the Site and The Cake Directory Services.
Modifications To Services:
The Cake Directory reserves the right at any time and from time to time to modify, suspend or discontinue The Cake Directory Services (or any part thereof) with or without notice. You agree that The Cake Directory will not be liable to you or to any third party for any modification, suspension or discontinuation of any part of The Cake Directory Services.
Information Disclaimer and Disclaimer of Warranties:
By using The Cake Directory Services you understand and agree that:
a. The Cake Directory Services are provided for information only. No content on the Site is intended to constitute professional advice of any kind, whether medical, financial, legal or otherwise. The Cake Directory is not responsible or liable for any consequences relating directly or indirectly to any action or inaction by you based on information, services or other material on or available through the Site.
b. Your use of The Cake Directory Services is at your sole risk. The Cake Directory Services are provided on an “as is” and “as available” basis. To the extent permitted by law, The Cake Directory expressly disclaims any and all warranties relating to The Cake Directory Services or the Site, whether express or implied and including but not limited to any implied warranties of satisfactory quality, fitness for a particular purpose or non-infringement.
c. The Cake Directory makes no representation or warranty that The Cake Directory Services or the Site or any User Content, products, services, information or other material obtained by you through The Cake Directory Services will meet your needs; that The Cake Directory Services will be uninterrupted, secure or error-free; or that the results obtained from the use of The Cake Directory Services will be current, accurate, useful or reliable.
d. You obtain material through use of The Cake Directory Services entirely at your own risk and you will be solely responsible for any damage to computer systems or loss of data that results from the download or use of any such material.
e. Your use of The Cake Directory Services is also subject to the additional Specific Disclaimers described here.
Limitation Of Liability:
You agree that The Cake Directory or it’s suppliers or vendors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, including but not limited to any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services, howsoever caused and whether arising (i) as a result of the use of, or the inability to use, The Cake Directory Services or otherwise in connection with The Cake Directory.com Site, or (ii) on the basis of breach of contract, tort (including negligence and strict liability) or otherwise. These limitations will apply whether or not The Cake Directory has been advised of the possibility of such damages.
You also agree that in no circumstances will The Cake Directory’s liability for any direct damages hereunder exceed AU$100.
Notwithstanding the above or any other provisions, nothing in this Agreement shall exclude or limit The Cake Directory’s liability for fraud, fraudulent misrepresentation, death or personal injury resulting from negligence or any other liability which cannot lawfully be excluded or limited.
Copyright and Trade Mark Notice:
You acknowledge and agree to the Copyright notices.
No Automated Querying:
You may not send automated queries of any sort to the Site without express permission in advance from The Cake Directory. Note that “sending automated queries” includes, among other things:
• using any software which sends queries to the Site to determine how a website or webpage “ranks” for various queries;
• “meta-searching”; and
• performing “offline” searches on any website owned by The Cake Directory.
No Other Agreements:
This Agreement, which includes any other documents incorporated herein (including our Privacy Policy, Specific Disclaimers and Copyright and Trade Mark Notice), sets forth the complete agreement between The Cake Directory and you relating to your use of The Cake Directory Services and the Site and supersedes any and all previous agreements relating to such use.
Third Party Rights:
You agree that The Cake Directory’s affiliated companies will be third party beneficiaries of this Agreement and so entitled to enforce or rely on any provision of this Agreement. Otherwise, any person who is not a party to this Agreement will have no rights related to it.
Severability:
If any provision of this Agreement is found by a court to be invalid, you agree that such provision shall be deemed to be replaced by an alternative provision that gives effect to the parties’ original intentions to the extent legally possible, and the remaining provisions of this Agreement shall continue in full force and effect.
No Waiver:
Any failure by The Cake Directory to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
Applicable Law:
These Terms are governed by the laws in force in Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia regarding the determination of any dispute related to the Online Services.
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