Terms and Conditions
Please read the following Terms and Conditions carefully.
By using this Website (the “Site”), you accept and agree to these terms and conditions. If you do not agree, you should not use this site. As a condition of your use of this Site, you represent and warrant that you will not use this site for any purpose that is unlawful, inappropriate or prohibited by these terms and conditions.
Restrictions on use
The materials on this Site and any other World Wide Web site owned, operated, licensed or controlled by Jackie The Cupcake Queen or any of its related, affiliated or subsidiary companies (together, "JTCQ") may not be copied, distributed, republished, uploaded, posted, linked or transmitted in any way without the prior written consent of JTCQ. However, you may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notice. Modification or use of the materials for any other purpose violates JTCQ 's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site, but remain with JTCQ, who owns full and complete title to the material in this Site. You may not frame the content of this Site or incorporate its content into another Web site or other service. All rights reserved.
We reserve the right to refuse any order you place with us. 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 credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will notify you by contacting the e-mail provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Right to Change Sites
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the products offered through the Site, with or without notice; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or of any service, content, feature or product offered through the Site.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
Personal Information Submitted Through the Sites
You are solely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. You are solely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.
All comments, suggestions, remarks, ideas, graphics or other information communicated to JTCQ through this Site (together, the "Submission"), will forever be the property of JTCQ. JTCQ will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future JTCQ operations. Without limitation, JTCQ will have the exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. JTCQ will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending a Submission. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic or other material that would violate any law. You acknowledge that you are responsible for whatever material you submit, and you, not JTCQ, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright. You agree to indemnify JTCQ against any and all damages, costs and expenses, including reasonable attorneys' fees, which may arise out of claims relating to your use of this Site or your Submission to this Site, including but not limited to claims by third parties that your Submission violates their rights, and claims that your Submission contains obscenities or defamatory or offensive materials.
Limitation of liability
JTCQ WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. JTCQ WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF DATA, LOSS OF USE OR LOSS OF GOODWILL, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE MATERIALS IN THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR INJURY. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. JTCQ'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION OR OTHERWISE WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS SITE.
Disclaimer of warranties
The material in this Site may contain errors or inaccuracies. JTCQ may make changes or improvements at any time without notice. Your use of this Site is at your own risk.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. JTCQ DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPETED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JTCQ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT JTCQ) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
Choice of Law and Jurisdiction
To the maximum extent permitted by law, this Agreement shall be construed in accordance with the laws of Ontario and Canada, as applicable therein, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the Superior Court of Justice or Federal Court of Canada residing in Toronto, Ontario.
The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of JTCQ's right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.
JTCQ may assign its rights and obligations under the Agreement. The Agreement will inure to the benefit of JTCQ’s successors, assigns and licensees.
These terms are effective unless and until terminated by either you or JTCQ. JTCQ also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes
Choice of Language
The governing language for this Agreement will be English, and no concurrent or subsequent translation of this Agreement into any language will modify any term of this Agreement. Les parties aux présenes ont expressement exigées que Ia présente convention et tous les documents et avis qui y sont afférents soient redigés en anglais.
Questions about the Terms and Conditions should be sent to us at firstname.lastname@example.org.
Last Updated: January 16th, 2021