Last updated November 23, 2023


AGREEMENT TO OUR LEGAL TERMS

We are Bites of Temptation ('Company', 'we', 'us', or 'our'). We operate the website http://www.bitesoftemptation.co.uk (the 'Site'), as well as any other related products and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services'). You can contact us by email at [email protected]. These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and Bites of Temptation, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the 'Last updated' date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted. The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services. We recommend that you print a copy of these Legal Terms for your records. 

1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.


2. INTELLECTUAL PROPERTY RIGHTS

We own or hold licenses for all intellectual property rights in our Services. If you seek to use our Services, Content, or Marks beyond what's specified in our Legal Terms, contact us at [email protected]. Any permission to post or reproduce our content requires proper attribution. We reserve all rights not expressly granted, and any violation of these rights terminates your use of our Services.

Your Submissions and Contributions
Before using our Services, carefully review the 'PROHIBITED ACTIVITIES' and this section to understand your rights and responsibilities regarding content. When you submit any information ('Submissions') directly to us, you assign us all related intellectual property rights. Contributions, made through chat, blogs, or other forums, grant us an extensive license to use, copy, and distribute the content. Contributions may be visible to other users, and by posting, you grant us rights to use your name, trademarks, and logos. You are responsible for the content you post, agreeing not to violate laws or intellectual property rights. We reserve the right to remove or edit content that breaches our terms.

Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the 'COPYRIGHT INFRINGEMENTS' section below.

3. USER REPRESENTATIONS

4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PRODUCTS
 We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

6. PURCHASES AND PAYMENT
We accept the following forms of payment: - PayPal You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in GBP. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.

7. RETURN POLICY
All sales are final and no refund will be issued.Please see more information on this here.

8. PROHIBITED ACTIVITIES
Follow these guidelines to ensure a positive and secure experience with our Services. Authorized use includes utilizing the Services for their intended purposes, with no commercial activities unless explicitly endorsed. Prohibited actions encompass avoiding unauthorized data retrieval, trickery, or harm to our reputation. Additionally, refrain from unauthorized linking, uploading viruses, impersonation, or harassment. Respect intellectual property rights by not removing copyright notices or misusing images and logos. Commercial use, including revenue generation, advertising, or selling, is not allowed. Lastly, unlawful activities such as competition or unauthorized purchases are prohibited. Violation of these terms may lead to account suspension or termination.

9. USER GENERATED CONTRIBUTIONS
The Services offer interactive features like blogs and forums, allowing users to submit various content, referred to as "Contributions." These Contributions may be visible to other users and on third-party websites. By submitting Contributions, you affirm that they do not infringe on any third-party rights, and you have the necessary permissions to authorize their use. You assert that your Contributions are truthful, lawful, and do not violate the rights of others or any applicable laws. Prohibited content includes misleading information, unsolicited advertising, and offensive material. Any violation of these terms may lead to the suspension or termination of your rights to use the Services.

10. CONTRIBUTION LICENCE
By posting your Contributions on the Services or linking your account to social networking accounts, you automatically grant us an extensive and irrevocable license. This license allows us to use, reproduce, sell, publish, and distribute your Contributions worldwide for various purposes, including commercial and advertising. It covers all media formats and channels, both existing and future. The license includes the right to create derivative works and sublicense. We may use your name, company name, and trademarks associated with your Contributions. You waive moral rights in your Contributions, and we do not claim ownership. You remain the owner of your Contributions and associated intellectual property. We are not responsible for the content of your Contributions, and you release us from any liability. We reserve the right to edit, categorize, or delete Contributions at our discretion without notice. Monitoring Contributions is not our obligation.

11. GUIDELINES FOR REVIEWS
If you choose to leave reviews or ratings on our Services, please adhere to the following guidelines: (1) Base your review on firsthand experience; (2) Avoid offensive language, profanity, or any form of discrimination; (3) Refrain from referencing illegal activities; (4) Do not post false or misleading statements; (5) Stay impartial, especially if affiliated with competitors; (6) Do not draw legal conclusions; (7) Do not organize campaigns to influence reviews. We reserve the right to accept, reject, or remove reviews at our discretion, with no obligation to screen or delete them. Reviews are not our endorsements and do not necessarily reflect our opinions or those of our affiliates. We assume no liability for reviews or any resulting claims. By posting a review, you grant us the right to reproduce, modify, and distribute the content perpetually.

12. SOCIAL MEDIA
As part of our Services' functionality, you can link your account with third-party service providers ("Third-Party Accounts"). This can be done by providing your login information or allowing us access as permitted by the terms governing each Third-Party Account. By linking, you grant us access to content stored in your Third-Party Account, making it available on the Services. Depending on your Third-Party Account's privacy settings, personally identifiable information may be visible on your Services account. You can disconnect your account and Third-Party Accounts at any time. Keep in mind that our access to Social Network Content depends on the availability of the Third-Party Account. We do not review Social Network Content for accuracy or legality. Your relationship with Third-Party Service Providers is solely governed by your agreements with them. You can deactivate this connection through your account settings or by contacting us. We will attempt to delete information obtained through Third-Party Accounts, excluding your username and profile picture associated with your account.

13. THIRD-PARTY WEBSITES AND CONTENT AND ADVERTISERS

The Services may include links to Third-Party Websites and Third-Party Content originating from external sources. We do not investigate, monitor, or ensure the accuracy or appropriateness of such content. Responsibility for Third-Party Websites and Content lies with the respective providers, and we are not liable for their accuracy, opinions, or privacy practices. Inclusion of these links does not imply our endorsement. When accessing Third-Party Websites or using Third-Party Content, you do so at your own risk, and these Legal Terms no longer apply.

Any purchases made on Third-Party Websites are exclusively between you and the third party; we take no responsibility for such transactions. We are not responsible for harm caused by purchased products or services. Advertisements on the Services are solely for display purposes, and we have no direct relationship with advertisers.

We reserve the right to monitor and manage the Services, including taking legal action against violators, restricting access, and removing or disabling content. Please review our Privacy Policy, incorporated into these Legal Terms, for information on data privacy and security. By using the Services, you consent to the transfer and processing of your data in the United Kingdom, acknowledging any variations in data protection laws between regions.

14. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a 'Notification'). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. 

15. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

16. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

17. GOVERNING LAW

18. DISPUTE RESOLUTION

Informal Negotiations
In an effort to promptly resolve and manage the cost of any disputes related to these Legal Terms ('Disputes'), both parties, you and us, agree to engage in informal negotiations for at least 45 days before initiating arbitration. The negotiation period begins upon written notice from one party to the other.

Binding Arbitration
Any dispute arising from or related to these Legal Terms, including questions regarding existence, validity, or termination, shall be referred to and conclusively resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) in accordance with the Rules of this ICAC. By referring to these rules, they are considered an integral part of this clause.

Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. Exceptions to Informal Negotiations and Arbitration The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

19. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

20. DISCLAIMER THE SERVICES

Product Disclaimer
Our delectable treats, including cookies, cakes, and other custom delights, are provided on an as-is and as-available basis. Each treat is crafted by hand, making them uniquely different. By indulging in our services, you agree that your experience is at your sole risk.

No Warranty Assurance
To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, associated with our services. This includes, but is not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no guarantees about the accuracy or completeness of the content and materials on our platform or linked websites.

Assumption of Risks
We assume no liability for any errors, personal injury, property damage, unauthorized access to secure servers, interruptions in transmission, bugs, viruses, or any loss or damage incurred from using our content or materials. We do not endorse or assume responsibility for any products or services offered by third parties through our platform.

Limitation of Liability
In no event will we or our team be liable for any direct, indirect, consequential, or incidental damages arising from your use of our services. This includes lost profit, revenue, or data. Our liability is limited to the amount paid, if any, by you to us. Certain laws may grant you additional rights, and if applicable, the limitations stated here may not apply.

Please exercise caution and use your best judgment when purchasing products or services, understanding that handmade treats may vary, and your satisfaction is our top priority.

21. INDEMNIFICATION
You agree to protect, reimburse, and absolve us, along with our subsidiaries, affiliates, officers, agents, partners, and employees, from any losses, damages, liabilities, claims, or demands, including reasonable attorney fees, arising from: (1) your contributions; (2) your use of the services; (3) a breach of these legal terms; (4) any breach of your promises and guarantees in these legal terms; (5) your infringement of a third party's rights, including intellectual property rights; or (6) any harmful actions towards another user connected via the services. We reserve the right, at your cost, to take over the exclusive defense of any matter you are obligated to indemnify us for, and you agree to cooperate at your cost in our defense of such claims. We will make reasonable efforts to inform you of any such claim or proceeding subject to this indemnification when we become aware of it.

22. USER DATA
We will retain specific data you send to the Services to ensure their proper functioning and to track your usage. While we conduct regular backups, you are responsible for all data you transmit or that's associated with your activities on the Services. You acknowledge that we are not liable for any loss or corruption of such data, and you waive any claims against us for such losses or corruption.

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

24. MISCELLANEOUS
These Legal Terms, along with any policies or rules posted by us on the Services, constitute the complete agreement between you and us. Our failure to enforce any right or provision does not waive that right or provision. These Legal Terms operate to the fullest extent allowed by law. We can assign our rights and obligations to others at any time. We're not liable for delays or failures beyond our control. If any part of these terms is found to be unlawful, void, or unenforceable, it's considered separate and doesn't affect the validity of the remaining terms. These Legal Terms don't create a joint venture, partnership, employment, or agency relationship between you and us. You agree not to interpret these Legal Terms against us just because we drafted them. You also waive any defences based on the electronic form of these Legal Terms and the lack of physical signatures.

25. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Bites of Temptation [email protected]