Updated on July 8, 2021

Cake provides a donation feature through the Cake Order Service that is made available at www.cake.net (the “Donation Widget”) that allows Operators (“Restaurant” or “you”) to activate campaigns (each a “Campaign”) and ask for monetary gifts or contributions (“Gifts”) from
cake.net users (“Gifters”). By signing up to use the Donation Widget to receive Gifts or activating a Campaign for your Restaurant, you agree to these Donation Widget Terms (the “Donation Terms”), which are incorporated into and a part of the POS Operator Agreement between you and Cake. For the avoidance of doubt, note that your use of the Donation Widget is governed by the indemnification, limitation of liability and arbitration sections of the Operator POS Terms. These Donation Terms do not derogate from your obligations set forth in the Cake Payments Terms and Conditions.

Tax authorities may classify Gifts you receive as taxable income and it is your responsibility to determine what, if any, taxes apply to the Gifts you receive. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority. 

IF YOU ARE USING THE DONATION WIDGET ON BEHALF OF A RESTAURANT THEN YOU REPRESENT AND WARRANT THAT YOU: ARE AN AUTHORIZED REPRESENTATIVE OF THAT ENTITY WITH THE AUTHORITY TO BIND THAT ENTITY TO THESE DONATION TERMS.

Cake provides the Donation Widget to allow Restaurants to connect with Gifters. The provision of the Donation Widget is not a solicitation of donations by Cake, and Cake does not engage in any solicitation activities, or consult on the solicitation of contributions or donations from the public, on behalf of any individual, entity, or organization. Cake merely facilitates the Campaign of the Restaurant and permits Gifters to make donations to the Restaurant. Restaurants are solely responsible for their Campaign and for determining how the applicable laws apply to the operation of the Campaign and their collection and use of Gifts.

You are solely responsible for fulfilling the obligations and representations made by you in your Campaign. You are solely responsible for compliance with all applicable law and any registration requirements in relation to your Campaign and/or your use
of Gifts. You are further solely responsible for any content (if any) that you upload, post, publish, display, transmit or otherwise use in connection with the Donation Widget. You authorize Cake to publish information relating to your Campaign on the Donation Widget and share with Gifters or regulatory authorities.

In connection with any Campaign or Gifts, you represent and warrant as follows:

(i)

all information you provide in connection with a Campaign is accurate, complete, and not likely to deceive Gifters or users of the Donation Widget;

(ii)
all Gifts will be used as described in your request for Gifts stated in your Campaign and in no case used for purposes other than to fund business
activities directly related to your Restaurant;

(iii)
you will comply with all applicable federal, state or local regulations and financial reporting obligations, including laws and regulations relating to business registration and tax reporting;

(iv)
you will not engage in any follow-on communication or solicitation to any donors related to their Gift; and

(v)
you will only use personal data collected from donors in compliance with law and for the purposes of collecting the Gifts and for no other purposes, including cross-promotional marketing, without separate, verifiable consent from the donor obtained independently from Cake or the Donation Widget.

To the extent permitted by applicable law the remittance of Gifts to a Restaurant may be delayed for a number of reasons including, but not limited to, refunds, chargeback disputes, fraud, violations of terms, or other situations. For example, Cake may withhold Gifts made to a Campaign if the Restaurant violates these Donation Terms.

Cake will have no liability to you or third parties for any use by you of the Donation Widget or your Campaign. Cake bears no liability and has no obligation to participate or become involved in any dispute between Gifters and you and you agree to defend and indemnify the Cake Entities for any losses or damages arising from any dispute between a Gifter and you. For the avoidance of doubt, you will  be liable for any and all
chargebacks of Gifts.

Cake reserves the right to modify, suspend or discontinue, temporarily or permanently, the Donation Widget (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom. Cake reserves the right, at our sole discretion, to change or modify portions of these Gifts Terms at any time with notice that is reasonable in light of the circumstances, such as by updating the Donation Terms on any website maintained or owned by Cake related to the provision of the Donation Widget. Your continued use of the Donation Widget after the date of any such changes constitutes your acceptance of the new Donation Terms. Any dispute between the parties that arose before the effective date of the change shall be governed by the terms (including any applicable arbitration clause) that was in place when the dispute arose.