Terms of Use
applying to the Cake Website
These Terms of Use (hereinafter ‘Terms’) apply to the use of the Cake website located at https://cake.app including all the pages of that website (‘Website’). By accessing or otherwise using our Website, you accept and agree to be bound by these Terms. Please read these Terms carefully before using our Website. If you do not agree, do not use the Website.
When we use “you” or “your”, we mean any person visiting or otherwise using our website. This includes the entity you are legally authorised to represent.
When we use “we” or “our” in these Terms, we mean Cake NV. Cake NV is a Belgian public company with its registered office at: Hendrik Van Veldekesingel 150/23, 3500 Hasselt, Belgium. Our VAT number is BE 0723.581.891 (‘Cake’). We are a registered payment institution with a licence to offer account information services. Our supervisory authority is the National Bank of Belgium, Boulevard de Berlaimont 3, 1000 Brussels, Belgium. However, we do not offer account information services or any other type of regulated financial services via the Website.
We reserve the right, at our sole discretion, to revise, update, add or remove elements, or otherwise change these Terms at any time and without notice. It is your responsibility to check these Terms periodically for changes. Your continued usage of the Website after the posting of changes will be deemed as acceptance of such changes.
Scope of these Terms
These Terms govern your use of the Website and all applications, software and services available on the Website (collectively referred to as ‘Services’), except to the extent that such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services provided to you via the Website.
Ownership and licence
The Website is our exclusive property. As long as you comply with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Website in accordance with these Terms.
Content
All information, reports, statistics, text, graphics, visual interfaces, photographs, icons, trademarks, logos, sounds, music, artwork and computer code (hereinafter collectively referred to as ‘Content’), including but not limited to the design, structure, selection, coordination, expression, and arrangement of such Content, contained on or made available via the Website is owned, controlled or licensed by or to Cake, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms, no part of the Website and no Content may be reverse-engineered, modified, amended, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated into any language or computer language, transmitted or distributed in any form or by any means to any other computer, server, website or another medium for publication or distribution or for any commercial enterprise, without our explicit prior written consent. You do not have the right to make, sell, offer for sale, modify, amend, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way unless we expressly permitted you to do so.
You may use the information on our products and services (such as data, statistical reports, articles, and similar materials) purposely made available by us for downloading from the Website, provided that you (i) do not remove any information, including but not limited to proprietary notice wording, in all copies of such documents; (ii) use such information only for your personal, non-commercial informational purpose; (iii) make no modifications to any such information; (iv) and do not make any additional representations or warranties relating to such documents.
Prohibited use
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or another automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any of our servers, or to any of the Services, by hacking, password “mining” or any other illegitimate means.
Subject to our prior written consent, you may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other visitor to or user of our Website to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or our systems or networks, or any systems or networks connected to the Website or to Cake.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working or functioning of the Website or any transmission or transaction being conducted on the Website, or with any other person’s use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others.
Disclaimer of warranties
We will take reasonable care to ensure that the Content and Services on the Website are accurate, complete, up to date, available and do not infringe any third party rights. However, we do not guarantee that this is always the case. We make no representations about the results to be obtained from using the Website, the Services or the Content, which are provided on an “as is” basis, with all faults. The use thereof is at your own risk. To the maximum extent permitted by applicable law, we disclaim all representations and warranties relating to the Content and Services on the Website, whether express or implied, created by law, contract or otherwise, including, without limitation, any warranties of merchantability, warranties or conditions about satisfactory quality, non-infringement of third party rights, or fitness for a particular purpose. We make no representations or warranties concerning the accuracy, completeness, security or timeliness of Services or Content provided on or through the use of the Website. No information obtained by you from the Website shall create any warranty not expressly stated by us in these Terms.
The Content and Services available on the Website do not constitute business or financial advice. You should seek independent advice before making any decisions relating to your business or finances. To the maximum extent permitted by applicable law, we disclaim all liability for any loss or damage which may be suffered by any person, whether suffered directly, indirectly, immediately or consequentially, and whether arising in contract, tort or otherwise, which arises out of, or in connection with use of the Website or any decisions which you make based on or in relation to the Content and Services on the Website.
Privacy and security
Our Privacy Policy applies to the use of the Website. To view the applicable Privacy Policy, click here. By accessing or using our Website, you acknowledge that you have read and understood our Privacy Policy.
With respect to any individual whose personal information you provide to Cake, you represent to Cake that you have obtained all necessary consents or other valid legal bases for the processing of such personal information by the Services.
By using the Website, you acknowledge and agree that communication or transmissions via the Internet are never completely private or secure. You understand that any message or information you send to the Website, even if the transmission is encrypted, may be intercepted or read by third parties. We cannot be held liable for any damages, whether material or non-material, ensuing either directly or indirectly from such an event, unless such damages are the result of an infringement of applicable data protection regulations that is attributable to us.
Links to other websites
The Website may contain links to other independent third-party websites and resources (‘Linked Websites’). These Linked Websites are provided solely as a convenience to you and are not under our control. We are not responsible, and provide no warranty whatsoever, for the availability, content or activities of Linked Websites and we do not endorse their content, including any information or materials found on such Linked Websites. In particular, we make no representations or warranties regarding the correctness, accuracy, effectiveness, timeliness, performance, quality or suitability of any information, content, software, service or application found at any Linked Website. If you decide to access Linked Websites, you do so at your own risk and you need to make your own independent judgment regarding your interaction with these Linked Websites. You should take into account that your use of Linked Websites may be subject to separate policies and terms and conditions of use, which are not under our control or responsibility.
Limitation of liability
To the fullest extent permitted by applicable law, you cannot hold us, our respective directors, employees and agents, liable for any loss or damage which may be suffered by any person, whether suffered directly, indirectly, immediately or consequentially, and whether arising in contract, tort or otherwise which arises out of, or in connection with your use of, or inability to use, the Website, its Content or Services. In particular, we, including our respective directors, employees and agents, cannot be held liable for damages, whether material or non-material, related directly or indirectly to the loss or corruption of data, loss of profits, business opportunity, goodwill, reputation, anticipated income and/or financial loss, whether or not we have been advised of the possibility of such loss or damage.
Indemnification
You agree to indemnify and hold us, including our officers, directors, shareholders, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses, including attorneys’ fees, made against us by any third party due to or arising out of or in connection with your use of the Website.
Suspension and termination
We reserve the right, at our sole discretion, to suspend or terminate the Website, including the Services made available through the Website, at any time and for any or no reason. This includes our right to restrict the right to access and use the Website to third parties. In particular, we reserve the right to limit, in our sole discretion, the provision and quantity of any of the Website’s features or Services to any person or geographic area. You agree that we will not be liable to you or to any third party for termination of your access to the Website or to the Services.
Severability
If a provision or part of a provision of these Terms is declared void or unenforceable, the remainder of that provision and/or the other provisions of the Terms remain valid and enforceable. Provisions or parts thereof that have been declared void or unenforceable shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that their effect shall be preserved to the fullest possible extent.
Entire agreement
These Terms constitute the entire agreement between you and Cake with regard to your access and use of our Website. They supersede any other pre-existing written or oral agreements or understandings between you and Cake with respect to your access and use of the Website.
No waiver
No delay in exercising, or failure to exercise, any right, power or remedy under these Terms will be considered a waiver thereof. No single or partial exercise of a right will preclude any other exercise of that right. No waiver of any of the provisions of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.
Third party rights
Except if expressly stated otherwise, nothing in these Terms shall be interpreted or construed to confer any rights or remedies on any third parties.
Assignment
You are not entitled to assign, novate, transfer, charge, sublicense or otherwise deal with the benefit or the burden of these Terms. We have the right to assign, novate, transfer, sub-contract, charge or otherwise deal with these Terms and/or any of the rights and/or obligations under these Terms at any time without your consent.
Survival
Any provision of these Terms which, in order to be effective, must survive the termination or expiration of these Terms, will survive any such termination or expiration.
Governing law and jurisdiction
To the fullest extent permitted by law, all matters and disputes relating to your access to or use of the Website or to the application or interpretation of these Terms will be governed by the laws applicable in Belgium and shall fall under the sole jurisdiction of the competent courts of the judicial district of Antwerp, Hasselt department. If you do not live in Belgium, other binding consumer law provisions may also be applicable.
Last updated: 8 August 2022