Marketplace Agreement

Last updated: Jun 20, 2024

 

Welcome to Cake Land. Your use of our services and features constitutes your acceptance of the following terms and conditions. Please carefully review these terms before engaging with our platform.

 

1. Introduction

• The marketplace agreement establishes the legal relationship between CakeLand.lk (referred to as “the Platform”) and cake sellers who wish to sell their products through the platform

 

2. Definitions

• Clearly define key terms used throughout the agreement to avoid misunderstandings.

3. Registration and Store Setup

• Cake sellers must register on CakeLand.lk and set up their stores according to the platform’s guidelines.
• The platform reserves the right to verify seller information and may require additional documentation for verification purposes.

4. Product Listings and Inventory Management

• Cake sellers are responsible for creating accurate product listings, including detailed descriptions, high-quality images, and pricing information.
• Sellers must manage their inventory levels and update product availability in real-time on the platform.

5. Order Processing and Fulfillment

• Upon receiving an order, sellers must promptly process and fulfill orders in accordance with the platform’s guidelines.
• Sellers are responsible for packaging orders securely to ensure safe delivery to customers.

 

6. Shipping and Delivery

• CakeLand.lk will provide shipping and delivery options for customers, and sellers must adhere to the specified shipping methods and timelines.
• Sellers may be required to provide accurate shipping information and adhere to any packaging requirements to prevent damage during transit.

7. Fees and Payments

• Cake sellers may be subject to fees or commissions for using the platform, which will be deducted from their earnings.
• Payments to sellers will be processed on a regular basis, and sellers must provide accurate payment information to receive their earnings.

8. Customer Support and Dispute Resolution

• The platform will provide customer support to address inquiries, issues, and disputes related to orders.
• Disputes between sellers and customers will be resolved according to the platform’s dispute resolution process.

9. Intellectual Property Rights

• Cake sellers retain ownership of their intellectual property, including photos, logos, and other content uploaded to the platform.
• Sellers grant CakeLand.lk a non-exclusive license to use their content for marketing and promotional purposes related to the platform.

10. Liability and Indemnification

• CakeLand.lk will not be liable for any damages, losses, or liabilities arising from the sale or purchase of products on the platform.
• Sellers agree to indemnify CakeLand.lk against any claims, damages, or losses resulting from their use of the platform.

 

11. Termination

• CakeLand.lk reserves the right to terminate the agreement with any seller for violations of the platform’s policies or for any other reason deemed necessary by the platform.
• Upon termination, sellers must cease all use of the platform and remove their listings.

 

12. Modification and Amendment

• CakeLand.lk may modify or amend the marketplace agreement at its discretion, and sellers will be notified of any changes.
• Sellers are responsible for reviewing and accepting any updates to the agreement.

 

13. Governing Law and Jurisdiction

• The marketplace agreement is governed by the laws of Sri Lanka, and any disputes will be resolved through arbitration in accordance with Sri Lankan law.

 

14. Miscellaneous Provisions

• Include any additional provisions or clauses necessary to address specific aspects of the marketplace operation, such as tax obligations, data privacy, and confidentiality.

 

15. Acceptance of Terms

• Cake sellers must acknowledge and accept the terms of the marketplace agreement before registering on CakeLand.lk and using the platform.

 

16. Confidentiality

• CakeLand.lk and cake sellers must maintain the confidentiality of any proprietary or sensitive information exchanged during their interactions on the platform.
• Both parties agree not to disclose confidential information to third parties without prior written consent.

 

17. Relationship of the Parties

• The marketplace agreement does not create any partnership, joint venture, or employment relationship between CakeLand.lk and cake sellers.
• Cake sellers operate independently and are solely responsible for their own business operations.

 

18. Notices

• All official communications between CakeLand.lk and cake sellers will be in writing and delivered through the platform’s messaging system or via email to the contact information provided during registration.

 

19. Modifications

• CakeLand.lk reserves the right to modify or update the marketplace agreement at any time, with changes communicated to cake sellers through the platform or via email.
• Cake sellers are responsible for reviewing and accepting any updates to the agreement within a specified timeframe.

 

20. Entire Agreement

• The marketplace agreement constitutes the entire agreement between CakeLand.lk and cake sellers, superseding any prior agreements or understandings.
• Any modifications or amendments to the agreement must be made in writing and agreed upon by both parties.

 

21. Severability

• If any provision of the marketplace agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• Parties will work together to replace any invalid provisions with valid ones that achieve the intended purpose to the greatest extent possible.

 

22. Assignment

• Cake sellers may not assign their rights or obligations under the marketplace agreement to third parties without prior written consent from CakeLand.lk.
• CakeLand.lk reserves the right to assign or transfer its rights and obligations under the agreement to affiliates or third parties as needed.

 

23. Waiver

• The failure of CakeLand.lk to enforce any provision of the marketplace agreement shall not constitute a waiver of its right to enforce such provision in the future.
• Waivers of any provision of the agreement must be made in writing and signed by both parties.

 

24. Effective Date

• The marketplace agreement is effective as of the date of registration on CakeLand.lk and remains in effect until terminated by either party in accordance with the agreement’s provisions.

 

25. Governing Law and Jurisdiction

• This agreement shall be governed by and construed in accordance with the laws of Sri Lanka.
• Any disputes arising out of or relating to this agreement shall be subject to the exclusive jurisdiction of the courts of Sri Lanka.

 

26. Force Majeure

• CakeLand.lk shall not be liable for any delay or failure to perform its obligations under this agreement if such delay or failure is due to circumstances beyond its reasonable control.
• Examples of force majeure events may include natural disasters, acts of terrorism, labor disputes, or governmental actions.

 

27. Termination

• CakeLand.lk reserves the right to terminate this agreement with a cake seller if they violate any terms or policies outlined in the agreement.
• Cake sellers may also terminate the agreement with CakeLand.lk by providing written notice within a specified timeframe.

 

28. Survival

• Upon termination of this agreement, any provisions that by their nature should survive termination, including but not limited to confidentiality, indemnification, and limitation of liability, shall remain in full force and effect.

 

29. Amendments

• Any amendments or modifications to this agreement must be made in writing and signed by authorized representatives of both CakeLand.lk and the cake seller.
• Amendments become effective upon mutual agreement and execution by both parties.

 

30. Independent Contractors

• CakeLand.lk and cake sellers are independent contractors and nothing in this agreement shall be construed to create any agency, partnership, joint venture, or employment relationship between the parties.

 

31. Entire Agreement

• This agreement, including any attachments or exhibits hereto, constitutes the entire understanding and agreement between CakeLand.lk and cake sellers regarding the subject matter herein.
• This agreement supersedes all prior agreements, understandings, and communications, whether written or oral, between the parties.

 

32. Counterparts

• This agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.
• Facsimile or electronic signatures shall be considered valid and binding for the purposes of executing this agreement.

 

This marketplace agreement outlines the rights, responsibilities, and obligations of CakeLand.lk and cake sellers, fostering a transparent and mutually beneficial relationship within the online marketplace platform.