Terms & Conditions

The following Terms & Conditions (calls the “Terms” as below) govern your use of the websites, mobile applications and services (calls the “Services” as below) provided by CAKD (as defined below).

1. General

These Terms applies to all users of the Services, including without limitation users who are sellers, buyers, merchants, or contributors of content, information and other materials. If you are entering into this agreement for and on behalf of a business entity, and the term “you” in this agreement shall mean the business entity on whose behalf you are using the Services, unless the context does not permit.

These Terms are between you and CAKD.COM,  Click A Deal, 開賣網 or between you and any different service provider identified for a particular Service. For ease of reference, each of CAKD.COM,  Click A Deal, 開賣網 and its subsidiaries are referred to in these Terms as “CAKD”.

By using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to observe and be bound by these Terms and the additional terms and conditions and policies referenced herein and/or available by hyperlink.   

CAKD reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here.

If you have any questions, please refer to our Help Centre.

2. Use of the Services

Subject to your compliance with these Terms, CAKD grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.

You shall use the Services in accordance with these Terms and shall not:

  • Upload any Content (as defined below) that violates or infringes another party's rights of publicity, privacy, copyright, trademark or any other intellectual property right.
  • Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services.
  • Make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services.
  • Violate any applicable laws, rules or regulations in connection with your access or use of the Services.
  • Use the Services in violation of or to circumvent any sanctions or embargo.
  • Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of CAKD or its affiliates, partners, suppliers or licensors.
  • Use the Services for any purpose for which it is not designed or intended.
  • Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by CAKD.
  • Use any proprietary information or interfaces of CAKD or any other intellectual property of CAKD in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.
  • Use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person's privacy, or racially, ethnically or otherwise objectionable.
  • Use the Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.
  • Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.
  • Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services.
  • Collect any information in respect of other users without their consent.
  • Commit any act to avoid paying any applicable fees and/or charges.
  • Attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through the Services. Such act and activities include but are not limited to: creating fake or duplicate accounts; generating fake orders; buying and reselling your own inventory. 
    Authorise or encourage anyone to do any of the foregoing.

CAKD reserves the right to claw back any cashbacks, prizes and/or amounts paid to you under any event, promotion, offers, campaign and any other activities and/or terminate or suspend your account, if you are subsequently found or suspected to be engaged in any activity or act that is in breach of these Terms, our guidelines, any additional terms and conditions and policies.

3. Account

You would need to have an account with CAKD (“Account”) in order to use some parts of the Services. When you create an Account, you represent and warrant that:

  • If you are an individual, you are at least 18 years of age.
  • If you are representing a company, organisation or any other legal entity (“Entity”), you have authority to bind the Entity to these Terms.
  • You are capable of entering into and performing legally binding contracts under applicable law.
  • All information which you provide is accurate, up to date, truthful and complete.
    If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.

You are responsible for all activities and transactions under your Account. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party. You, therefore agree to:

  • Keep your password secure.
  • Keep your account information up to date at all times.

Comply with CAKD's prevailing policies and guidelines (which form a part of these Terms) and all applicable laws with respect to your activities and the Content which you upload to the Services.

Unless expressly permitted by CAKD and subject to these Terms and any other additional terms as CAKD determines, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or user ID to another party and must not use another user's Account without their permission. 

3.1 CAKD Subscriptions

In addition, you may also claim, redeem and/or purchase subscriptions such as CAKD Property (“CAKD Subscriptions”) for access and use of additional features and services via a subscription service on or via any of the Platforms (as defined below) or any of the methods as may be made available on the Platforms or as may be notified to you from time to time.

Any such purchases shall be in accordance with CAKD's prevailing subscription rules and fees which are as set out below or referenced herein by hyperlink, and forms a part of these Terms. 

4. CAKD Property

You acknowledge and agree that:

  • CAKD reserves the right to amend, suspend and/or terminate all or any part of any CAKD Property subscription, its terms and conditions, the types of content or services offered on or via the Platforms, the subscription period and rates for such CAKD Property subscription. CAKD does not represent or warrant that the said additional features and Services will remain available as a feature of the CAKD Property subscription.
  • Your subscription will continue and be renewed automatically on a monthly/yearly basis after the first month/year until you expressly instruct us that you wish to terminate your relevant CAKD Pro Subscription by providing us with written notice of non-renewal at least thirty (30) days'  before the expiration of the applicable current subscription period. All such notices should be made to business@cakd.com. Unless otherwise stated by CAKD, any renewal of your subscription will be on the then prevailing subscription terms thereof.
  • CAKD does not represent or warrant that any features and Services will remain available as a and/or part of the CAKD Property subscription.
  • You shall be bound by any specific terms governing payment, subscription fees, minimum subscription periods, entitlements to any gift or premium under any promotion, termination fees and delivery fees which are applicable to your CAKD Pro subscription, as set out in our application forms for the relevant subscription packages and payment terms you have selected.
  • Your application for any CAKD Property subscription is subject to our acceptance. CAKD will try to process your CAKD Property subscription promptly but does not guarantee that the CAKD Property subscription will be available to you by any specified time, even if an estimated time is indicated. The agreement with you for receipt of the CAKD Property subscription will come into effect only when you receive a confirmation of your subscription from CAKD.
  • Unused entitlements, CAKD Coins and listing quota from your annual CAKD Property subscription do not carry over to the following billing cycle and will automatically expire after one (1) billing cycle. When your applicable current subscription period ends, you will forfeit all rights to any entitlements, CAKD Coins and listing quota. 

5. Certified Electronics 

As part of our Services, we work with verified professional partners to provide electronics ("Certified Electronics") that you can have full confidence in buying, by delivering on the promises as set out in our prevailing Certified Electronics Program policies and guidelines.

By purchasing a Certified Electronic under our Certified Electronics Program in Hong Kong, you agree to our Certified Electronics Program policies and guidelines (which form a part of these Terms). 

 6. Fees and Payments

Depending on the type and/or number of listings you choose to post and any additional services you may request in relation to your Account or listing, you may be charged subscription fees, listing fees, charged for the CAKD Coins you may purchase and/or fees and charges otherwise in relation to your Account or listing (collectively, the “CAKD Fees”).

You may pay your CAKD Fees using a credit card, debit card, cheque or by way of telegraphic or other electronic means of transfer. You may also pay your CAKD Fees through any of the methods as may be made available on the Platforms or as may be notified to you from time to time.

You acknowledge and agree that:

  • in the event of a subscription or recurring payment, you shall ensure that all payments are made and cleared by your bank before each monthly and/or annual recurring payment is due. For payments by credit card, your credit card account must be in good standing and remain valid for the monthly/annual charge(s) to be debited successfully. In the event of an unsuccessful payment, your CAKD Pro Subscription will automatically be suspended and/or terminated if payments are not received within ten (10) days from due date;
  • If your credit card has expired, or if you wish to use a different credit card, please notify us promptly by sending an email to finance@cakd.com at least 14 days before your next subscription fee payment is due. Please indicate “Expiry/Change of CC details” at the subject header;
  • save as set out in this Clause, all subscription fees, listing fees and/or other fees and charges paid by you to us with respect to your Account or otherwise for your access to and use of the Services, are non-refundable. For the avoidance of doubt, there will be no refunds of any CAKD Fees in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms;
  • You shall make prompt payment of all CAKD Fees, in full before the due date stipulated by CAKD for such payment (where applicable) and in accordance with our payment instructions. In the event of late payment or non-payment of amounts due to CAKD, without prejudice to any other rights or remedies available to us, CAKD shall be entitled to: (i) terminate and/or suspend your Account and/or your access to the Services; and/or (ii) charge you a late payment fee on the overdue amount at the rate of 1.5% per month, or, if lower, the maximum rate allowed by applicable law. You shall pay such fees together with the overdue CAKD Fees and any legal fees and collection costs incurred by CAKD in collecting any past due amounts. This fee will be applied on the day after the payment due date and will applied each month until the overdue amount is paid;
  • in the event your Account is suspended or terminated for any reason any amounts due on your Account will immediately become due and payable. CAKD reserves the right to immediately charge any amounts you have not previously disputed to the billing method that you are using and shall be entitled to terminate your Account, without prejudice to any other rights or remedies available to us; and
  • you are responsible for collecting and paying any taxes associated with using and making sales through the Services. Depending on the tax legislation of your country of residence, goods and services tax or similar consumption tax might apply in addition to your fees.

6.1 Listing Fees

You may be charged a listing fee in accordance with CAKD's prevailing listing fees'  rules and charges, which can be found in this article and forms a part of these Terms.

You acknowledge and agree that:

  • CAKD does not represent or warrant that any CAKD Fees paid or payable will lead to a like, offer, chat and by extension, sale; and
  • there will be no refunds in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms.

7. CAKD is a Venue

The Services provide a venue for users to interact with each other, and to buy and sell items. CAKD does not pre-screen a user or the Content provided by a user, nor is CAKD directly involved in transactions between users. Consequently, CAKD has no control over, and you agree that CAKD is not responsible or liable for, any of the following:

  • The quality, safety, morality or legality of any aspect of the items listed.
  • The truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.
  • The true identity, age, nationality, or sense of humour of a user.
  • Any Content posted by users.

You are encouraged to use the features and functions available on the Services to communicate with other users and/or to find out more about an item which a user has put up for sale. However, please exercise common sense and good judgment in your interactions with other users. While CAKD endeavours to keep the Services safe for everyone, your use of the Services and your interactions with other users is entirely at your own risk.

8. Content

The Services allow users to create listings and share content, such as photos, videos, comments, data, text, links and other information (“Content”).

You retain ownership rights in the Content which you upload or share on the Services but you grant CAKD a worldwide, fully-paid, royalty-free, sub-licensable, and transferable licence to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute such Content (subject to CAKD's Privacy Policy) for the purpose of operating, developing, providing, promoting, and improving the Services and to research and develop new products and services.

You understand and agree that you are solely responsible for the Content which you post or share on or through the Services and any loss or damage which you sustain as result of such Content is solely your responsibility.

You acknowledge that CAKD does not pre-screen Content uploaded by users. CAKD shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Services. Without limiting the foregoing, CAKD shall have the right to remove Content, without liability or the obligation to offer a refund, in any of the following events:

  • If the Content is in breach of these Terms.
  • If CAKD has received a complaint or notice of infringement in respect of the Content.
  • If the Content is otherwise objectionable.

CAKD may also block Content and the delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of efforts to protect the Services or users, or to otherwise enforce these Terms.

9. Selling and Buying on CAKD

In using the Services to create a listing and offer an item for sale, post a job opening and/or offer a service (as the case may be), you agree to comply with the following:

  • All items must comply with these Terms and CAKD's policies, which can be found here.
  • Our listing policy which is applicable to all categories except Property, Autos, Jobs and Services.
  • You must provide a fair, accurate and complete description of each item, including your price for the item.
  • Each item, job opening and/or offer of services must have its own listing.
  • Your listing for an item may only include text, descriptions, graphics, images and other content relevant to the item. All Content contained in a listing must be true, complete, accurate and not misleading in any manner whatsoever.
  • All items, job opening and/or offer of services must be listed in the appropriate category.All job listings must comply with all applicable laws, regulations, guidelines or policies and any notices, guidelines and/or policies issued by the government departments.
  • Where a specific attribute (“Specific Attribute”) in your job listing has to be included and where the Special Attribute may be viewed as discriminatory, you shall ensure that the Specific Attribute is a reasonable requirement for the job listed. You must provide the reason for requiring the Specific Attribute in your job listing.
  • Any links included in your listing leads to your personal or corporate website and must not include any links to third party websites.
    You acknowledge and agree that CAKD has no control over any website other than the CAKD website and shall not in any event be responsible or held liable for any expired job listing which appears on any website other than the CAKD website or any expired job listing which is retrieved by any search engine.

Without prejudice to the rest of these Terms and CAKD's policies, you warrant, in respect of each job opportunity, services and/or item which you offer for sale on the Services (as the case may be), that:                                                    

  • You are the owner of the item, and the item is not stolen.
  • The item is not counterfeit and does not infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights.
  • The sale of the item complies with all laws and regulations which apply to that item.
  • The item is not dangerous, hazardous or subject to a recall by a government or manufacturer.
  • All selection criteria stated in a job listing are clear, objective and relevant and does not refer to age, race, language, gender, marital status and religion, except where it is a Specific Attribute.
  • The Content in any listing does not infringe or violate any applicable laws and regulations, the intellectual property rights or proprietary rights of a third party.

All offers made and accepted through the Services are binding.

  • If you are a seller who has accepted a buyer's offer for an item:
  • You agree to ship the item or otherwise complete the transaction with the buyer in a prompt manner unless there is an exceptional circumstance, for instance, if the buyer fails to meet the terms of your listing (such as payment method), or you cannot authenticate the buyer's identity.
  • You may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the item. However, you must not charge excessive shipping fees or otherwise avoid fees.
  • You may not alter the item's price after a sale, or misrepresent the item's location and price.

If you are a buyer whose offer for an item has been accepted by a seller, you agree to make prompt payment to the seller for the item, unless there is an exceptional circumstance, for instance, if you cannot authenticate the seller's identity.

In communicating with a user through the Services for the offering of or acceptance of a job listing and/or services or purchase or sale of an item (each, a “Transaction”), you may obtain personal information of that user, such as their email address, phone number and mailing address. Without obtaining prior permission of the user, you shall use such information solely for the purpose of the Transaction.

Notwithstanding the foregoing, as CAKD is not involved in Transactions which are considered solely between users, CAKD cannot ensure that a user (whether as a buyer or seller) would follow through and complete a Transaction.

Please kindly note that failure to provide such information or providing false or misleading information may result in the commission of an offence for which CAKD shall not be liable.  

10. CAKD Protection

In using the Services to create a listing and offer an item for sale, a seller may choose to enable CAKD's in-app payment feature, CAKD Protection (“CAKD Protection”).CAKD Protection allows you to use the following payment service (“Payment Service”) and shipping services (“Shipping Service”) (collectively “Payment and Shipping Services”) for purchase or sale of items on the Platform. Please note that CAKD Protection does not accept orders exceeding HK$100,000. A CAKD Protection transaction with an amount that exceeds HK$100,000 will be rejected at the point of submitting order. 

Ensuring users of the Services are protected while transacting on the Platform our top priority. For this reason, additional protection is available to sellers and buyers who transact through CAKD Protection.

By using CAKD Protection, you agree to comply with the following:

  • To transact on the Platform and ensure that all communications in relation to any Transaction and issues raised are kept within the Platform. Transactions performed outside of the Platform are not covered, and listings or users soliciting for transactions to happen outside of the Platform are subject to removal without notice.
  • To not use CAKD Protection in connection with any Prohibited Items. CAKD Protection does not cover Prohibited Items and does not support refunds or returns for Prohibited Items.
  • To raise an issue within 48 hours of (the earlier of):
    • tracking status reflecting that the item is delivered; or 
    • 7 days after the order is dispatched. Please note that once the buyer confirms that the item has been received, the order is no longer protected by CAKD Protection.
  • To transact through tracked delivery. Users are strongly encouraged to always opt for tracked delivery. If you and the user are unable to agree or resolve any disputes in respect of untracked mail and attempts to seek coverage and/or protection under CAKD Protection, you agree that CAKD will attempt in good faith to facilitate resolution of the dispute and reserves the right to deal with such disputes in such manner as it deems fit in its absolute discretion but is under no obligation to provide any recourse to the same.
  • To comply with the procedures and rules set out in the guidelines and FAQ.

10.1 Payment Service 

CAKD Protection allows a buyer to make payment for purchase of an item listed on the Platform using: (i) a credit or debit card the buyer registers with CAKD; (ii) a  PayPal account the buyer successfully connects through the Platform.

10.1.1 CAKD Protection Balance 

All the payments that a seller has earned from selling items through CAKD Protection will be accepted through the seller's Account and reflected as a balance ("Balance"), after certain conditions have been met. Such conditions include the establishment and verification of information in respect of the following by CAKD and/or its Payment Service Providers (as defined below), using reliable and independent sources, and retention of reference documents used in such verification:

  • where you are representing an Entity, the identities of all directors, partners and persons having executive authority as if such persons were themselves a user;
  • your identity (as well as identity and authority of any agent and/or natural person appointed by you to act on your behalf in relation to your Account); and
  • the existence of any beneficial owner in relation to your Account and if so, the identity of each such beneficial owner;
  • as may be required pursuant to the requirements of the relevant economic sanctions, anti-money laundering and counter-terrorism financing laws and any other applicable laws and regulations.

You may withdraw the available balance to your linked bank account and/or debit card (“Default Withdrawal Method”) by submitting a withdrawal balance request (each, a “Withdrawal Balance Request”). CAKD may also automatically transfer (each, an “Automatic Withdrawal”) the available balance to your Default Withdrawal Method in the event your available balance exceeds HK$5000 and/or on a regular basis, as determined by CAKD. Such Automatic Withdrawal will occur only on business days and funds may take up to four (4) business days to be credited to your Default Withdrawal Method. In the event of an Automatic Withdrawal, the entire available balance will be transferred to your Default Withdrawal Method.

You can read more about CAKD Protection and how to make a Withdrawal Balance Request in this Help article.

No fees will be imposed for each Withdrawal Balance Request and/or Automatic Withdrawal. Notwithstanding anything to the contrary herein, CAKD reserves the right to amend and/or impose any rates and/or fees for any Transfers, with at least ten (10) days prior notice to you. We will notify you of the changes by posting a notice on our Services or by email. Your continued use of our Services after such notice constitutes your acceptance of the updated rates and/or fees.

10.2 Shipping Service 

CAKD Protection allows a seller to: (i) specify available delivery option(s); and (ii) specify delivery fees for each available delivery option and/or select the applicable delivery fees from the list available on the Platform, through CAKD Protection, for an item listed on the Platform. When a buyer places an order for the item, the buyer shall choose an available delivery option specified by the seller and shall be responsible for paying the stipulated delivery fees for such delivery option. The seller is responsible for ensuring all the information (including delivery fees ) specified by the seller using the Shipping Service is correct. The seller shall charge only the delivery fees applicable to the delivery method chosen by the buyer in accordance with this section, as stipulated at the time when the buyer places an order.

Sellers are solely responsible for delivering sold items to buyers via the delivery option chosen by the buyer. You acknowledge and agree that CAKD has no control over any delivery of the items sold through the Platform, including but not limited to the delivery fees and method specified by sellers.

Buyers are encouraged to choose a tracked and/or registered delivery option as they bear the risk of any lost deliveries in the event of an untracked delivery. In the event of any tracked delivery that does not arrive, a seller may be required to provide valid proof of delivery that allows CAKD to verify that the item was dispatched to the address provided by the buyer for the specific order. In any event, CAKD is not responsible for any delays, delivery failures, damages, or losses resulting from the Shipping Services.

10.3 CAKD Protection Transaction Fees

You acknowledge and agree that you may be charged card fees, success fees and/or any other applicable transaction fees (collectively, the “Transaction Fees”) by CAKD, as follows:

Buyer (Payment Fee): If you are a buyer of a transaction using CAKD Protection, once your order is accepted by the seller, the Transaction Fees applicable to such order (as stipulated during your order process) shall be charged from a credit or debit card you register with CAKD for CAKD Protection or a PayPal account you successfully connect through the Platform.

Seller (Success Fee): If you are a seller of a transaction using CAKD Protection, once you accept the order and commence delivery, the Transaction Fees (if any) applicable to such order (as stipulated during your order detail form) shall be deducted from the payment that is due to you from the buyer of the same transaction.

You can read more about the Transaction Fees through the following links: (i) Payment Fee; and (ii) Success Fee.

10.4 Payment Services Provider 

In order to provide the Payment Services, you acknowledge that CAKD may integrate the services provided by certain service providers, subcontractors, partners and/or agents (“Payment Service Providers”) into the Platform and that Payment Service Providers provide its payment processing services subject to their respect Additional Terms. In order to use the Payment Services, you agree to comply with such Additional Terms, as the same may be modified by the Payment Service Providers from time to time, and other applicable Additional Terms.

Information required for Payment Services:  In order to use the Payment Services, you must provide CAKD and/or its related corporations with accurate and complete information required for the Payment Services including account information for at least one valid debit or credit card or a valid PayPal through the Platform. CAKD and/or its related corporations use such information as described in the Privacy Policy, and you acknowledge and agree that we may use certain third-party service providers including Stripe to process payments and to manage the account information you have provided to us. You may add, delete, and edit the payment method account information you have provided from time to time directly through the Platform.

By providing the account information for a credit or debit card or PayPal, you represent and warrant, that: (i) you are legally authorised to provide such information to us; (ii) you are legally authorised to perform payments from the account(s) you have provided to us; and (iii) such action does not violate the terms and conditions applicable to your use of such account(s) or applicable law. When you authorize a payment using any such account(s) via the Platform, you represent and warrant that there are sufficient funds or credit available to complete a payment using such account(s).

By using a particular payment method, you are agreeing to the terms of service of the relevant processing partner and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the selected payment method.

You agree to authorise CAKD and/or its related corporations to process the Payment Services on your behalf including but not limited to making, accepting and/or refunding any payments, in accordance with this Clause 10.

10.5 Additional Terms

If you use any of the Payment and Shipping Services and/or purchase a Certified Electronic, you acknowledge that such services shall be subject to or governed by additional terms and conditions of third party service providers, partners, subcontractors and/or agents (“Additional Terms”). You agree to comply with such Additional Terms including the terms and conditions, which may be modified or updated from time to time, and any other terms and conditions that may be referred to or incorporated within such Additional Terms.  

10.6  Prohibited Items

Without prejudice to the generality of Clause 9, you acknowledge and agree that you shall not use the Payment Services in connection with any content, business or activities set out in the policies. CAKD reserves the right to take all steps to ensure that you do not use the Payment Services in connection with such businesses or activities. Any transactions involving any such content, businesses or activities shall be void, and you agree that CAKD and/or its related corporations may, at its sole discretion, refund the relevant payment to the relevant party for such transactions minus any transaction, service and/or administration fees that may be charged by CAKD and/or its service providers, subject to any laws, rules, regulations or any binding order or direction of governmental and other regulatory authorities or the courts in any relevant jurisdiction.

You further agree that you are responsible for all purchases and/or sales using CAKD Protection under your Account, including transactions which you did not authorise.

11. Disputed CAKD Protection Transactions

If you and/or an user of our Services files a dispute through the Platform in connection with any Transactions made through CAKD Protection (each, a “Disputed CAKD Protection Transaction”) between you and the user, you agree to comply with the procedures set out in the guidelines and FAQ (available here) (“CAKD Resolution Procedures”).

If you and the user are unable to agree or resolve such dispute in accordance with the relevant procedures set out in the CAKD Resolution Procedures, you agree that such dispute shall be finally resolved by CAKD, which shall be binding and final, subject to any applicable laws and regulations. You agree to comply with CAKD's decisions and instructions in connection with such dispute. You further agree to release CAKD and/or its related corporations from any demands, claims, actions, proceedings, suits, liabilities, damages, costs and expenses in connection with or arising out of any of your disputes with users of our Services in connection with the Disputed CAKD Protection Transaction.

You acknowledge and agree that CAKD and/or its related corporations may, at its sole discretion: (i) freeze and hold the money paid in connection with the Disputed CAKD Protection Transaction (“Disputed Money”) unless the dispute is resolved; (ii) return or provide any portion of the Disputed Money to the buyer and/or seller; (iii) require the buyer to return the item bought through the Disputed CAKD Protection Transaction (“Disputed Item”) to the seller; (iv) require the seller to refund the Disputed Money to CAKD (or its related corporations) or the buyer; and/or (v) require the seller to exchange the Disputed Item with a replacement for the buyer. You agree to comply with all CAKD's instructions in accordance with this Clause.

In the event of a Disputed CAKD Protection Transaction which involves an investigation by the police or other government or regulatory authority, subject to (i) any laws, rules, regulations or any binding order or direction of governmental and other regulatory authorities or the courts in any relevant jurisdiction, and/or (ii) any claims made by any third party relating to the Disputed Money, CAKD may, at its sole discretion: (a) freeze and hold the relevant Disputed Money for a minimum of one year  (unless the dispute is resolved); and (b) thereafter, return or provide any portion of the Disputed Money to the buyer and/or seller at CAKD's reasonable discretion.

12. Disputes with users

Without prejudice to Clause 11, if you are in dispute with a user of our Services, you are encouraged to contact that user to resolve the situation amicably. If the dispute is notified to CAKD, CAKD will attempt in good faith to facilitate resolution of the dispute but is under no obligation to resolve the same. You release CAKD from any claims, demands and damage arising out of your disputes with users of our Services.

13. Privacy

Your privacy is very important to us at CAKD and we have provided the CAKD Privacy Policy, which can be found here, to explain our privacy practices. Please review the Privacy Policy to understand how CAKD collects, uses and discloses information collected and received from you.

14. Intellectual Property

You acknowledge and agree that the Services and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of CAKD. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of CAKD. You are not granted any intellectual property rights in and to the Services not expressly granted in these Terms and such rights are hereby reserved and retained by CAKD.

The Services may utilise or include third party software that is subject to open source and third party licence terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open source and third party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third party licences, the terms of the open source or third party licences shall prevail with regard to your use of the relevant third party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software.

You are not authorised by CAKD to use CAKD's trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of CAKD, which may be withheld for any or no reason.

15. Reporting Unauthorised Content

CAKD respects the intellectual property rights of others and we expect the same of our users. If you believe that there has been unauthorised use of your intellectual property rights by a user, please follow the steps provided here to report the same to us.

CAKD reserves the right to suspend or terminate your account and/or your access to the Services if there are repeat complaints against you of intellectual property infringement.

16. Suspension and Termination

You may deactivate your Account at any time through the “Settings” section of your Account.

CAKD reserves the right to, at its sole discretion, and without liability:

  • Suspend or terminate your Account and/or your access to the Services at any time, for any breach of these Terms, our guidelines, any additional terms and conditions and policies.
    Suspend or terminate your Account and/or your access to the Services at any time, for any reason, and without advance notice.
  • Change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Services at any time, for any reason, and without advance notice.
  • Suspend or terminate your Account and/or your access to the Services at any time, in the event of any act, threats of, verbal and/or written abuse against any CAKD user, CAKD employees, representatives and/or officer. 
  • You acknowledge and agree that if you deactivate your Account or if we suspend or terminate your Account, you will lose any information associated with your Account, including Content. It is your responsibility to backup the Content which you upload to the Services.

Upon termination, all licenses and rights granted to you in these Terms will immediately cease.

17. No Warranty

You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion.

CAKD does not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and CAKD's servers are free of viruses or other harmful components.

All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.

The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). CAKD is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.

No advice or information, whether oral or written, obtained by you from CAKD or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that CAKD has no obligation to support or maintain the Services.

CAKD disclaims any and all liability or responsibility in relation to the content made available through the Services, including but not limited to the Content uploaded by users or the third party content and services. CAKD is not responsible or liable in any manner for the third party content and services associated with or utilized in connection with the Services, including the failure of such third party content and services. 

In addition, the Services may promote, advertise or sponsor functions, events, offers, competition or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subjected to separate terms and conditions; your participation in such activities is solely at your digression and risk. CAKD does not accept any responsibility in connection with your participation in activities conducted by any other party.

18. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.

IN NO EVENT SHALL CAKD OR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY THIRD PARTY CONTENT AND SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH YOUR CONDUCT OR THE CONDUCT OF OTHER USERS IN CONNECTION WITH THE USE OF THE SERVICES INCLUDING WITHOUT LIMITATION DEATH, BODILY INJURY, EMOTIONAL DISTRESS AND/OR OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT CAKD WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CAKD's AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FEES RECEIVED BY CAKD IN RESPECT OF THE SERVICES GIVING RISE TO SUCH CLAIMS OR, WHERE RELEVANT, SHALL NOT EXCEED THE AMOUNT OF Hong Kong DOLLARS THEN STANDING TO THE CAKD COINS IN YOUR ACCOUNT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Nothing in these Terms shall apply to or in any way limit or exclude CAKD's liability for: (a) death or personal injury caused by its negligence; (b) dishonesty, deceit or fraudulent misrepresentation; or (c) liability which may not otherwise be limited or excluded under any applicable laws and regulations.

19. Indemnity

You will indemnify and hold harmless CAKD, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.

20. Compatibility

CAKD does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that CAKD and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

21. Sub-contracting by CAKD

CAKD reserves the right to delegate, sub-contract or otherwise arrange for any related corporations, service providers, partners, subcontractors and/or agents to perform any part of the Services as CAKD deems appropriate.

22. Miscellaneous

You and CAKD are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms shall remain in full force and effect.

Except as provided herein, any failure by CAKD to exercise a right or require performance of an obligation in these Terms shall not affect CAKD's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.

You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.

These Terms constitute the entire agreement between you and CAKD and supersedes all prior or contemporaneous understandings and/or agreements between you and CAKD.

23. Governing Law and Jurisdiction

You hereby agree that the laws of Hong Kong shall govern these Terms and that the courts of Hong Kong shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.