GENERAL TERMS & CONDITIONS

1. INTRODUCTION

The terms and conditions set forth in these General Terms & Conditions - Referral Program (these “Terms”) apply to your participation in the below mentioned Referral Program (“Referral Program”) operated by Cake 0 Emission AB, company reg. no. 559014-2682, Hammarby Fabriksväg 43, 120 30, Stockholm, Sweden (”us”, “we” “Cake”).

This Referral Program allows existing Cake customers (the “Referrer”) an ability to earn referral credits (“Referral Credits”) by referring friends and others to make purchases, amounting to a certain value, at ridecake.com through the use of a personal referrer code, which entitles the referred customer to a discount and the Referrar a Referral Credit.

By accepting and sharing your Code (as defined below) or otherwise signifying your acceptance of these terms and conditions, you are agreeing to be bound by these Terms.

Occasionally Cake may, in its discretion, make amendments to these Terms. If Cake modifies these terms, we will post the modification on the website, which is effective upon posting. If Cake makes amendments to these terms that Cake deems material for you, Cake will notify you through the website or email. Continued participation in the Program after any modification shall constitute consent to such modification.

Any use by you of any Cake products and purchases made through Cake will be subject to separate terms and conditions, such as the terms applicable to your purchase as well as our privacy policy.

2. HOW TO BECOME A REFERRER

Any person who has made a purchase from Cake may apply to become a Referrer. Applications can be made on; https://ridecake.com/en/referral.

Cake will provide you with a personal referral code (the “Code”), which you may share for the purpose of referring potential customers to Cake. Any customer who makes a purchase through the Cake website ridecake.com amounting to no less than 4,000 EUR (or equivalent value in another currency) through the Code will receive a discount of 250 EUR (or equivalent value in another currency). Please note that the purchase needs to fulfill the requirements listed below under section 3.

3. REFERRAL CREDITS

A Referrer can earn Referral Credits if: (i) the Referrer is a Cake customer, (ii) and a Referred Customer (excluding yourself) purchase something from ridecake.com or through another channel via Cake for a total order value of at least 4,000 EUR (or equivalent value in another currency) via the Code provided by the Referrer, (iii) the purchase is not combines with any other offers, discounts or incentives (i.e. the purchase is made on ordinary full price assortment) and iv) the Referred Customer meets and accepts the terms and conditions applicable to the purchase and the purchased goods are delivered and paid for by the Referred Customer (i.e. the withdrawal right or similar has not been utilized). The Referrer will receive Referral Credits in the amount of 250 EUR (or equivalent value in another currency) for each Referred Customer who fulfills the above requirements under ii) - iv) above. Once the Referrer has Referred 10 Customers who have fulfilled the above requirements, the Referrer will receive Referral Credits to the value of a Makka :flex. Cake may update the reward model from time to time, at its discretion.

Referral Credits may only be redeemed via Cake’s website (ridecake.com) or through a Cake sales employee. Once earned, Referral Credits in the form of vouchers will be provided to you via email. Referral Credits are credits issued for promotional purposes. They have no cash value and may not be transferred or exchanged for cash. The use of the Referrer Credits may not be combined with other offers, discounts or incentives. If for any reason you believe that there is a discrepancy regarding your balance of Referral Credits, please contact us. Cake may require you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at Cake’s sole discretion.

If Cake is obligated to refund any payment(s) made by Referred Customers (e.g.in cases of credit card fraud) (“Refunded Payments”), in whole or in part, Cake may deduct from any future Referral Credits earned by you, Referral Credits already redeemed by you based on Refunded Payments.

You are responsible for any tax consequences, if any, that may result from your redemption or use of Referral Credits. Where applicable, Cake may be required to account for VAT on any services for which the Referral Credits are redeemed.

4. SHARING REFERRAL CODE

Cake wants you to share your Code and earn Referral Credits, but the Code must be used only for personal and non-commercial purposes. Remember, when you share your Code, you should explain that you are a Cake Referrer. You agree that you will not:

• Duplicate, sell, or transfer your Code in any manner or spread the Code using paid social media or paid search;
• Try to get referees by spamming, bulk emailing, or sending large numbers of unsolicited emails;
• Use, display, or manipulate Cake’s intellectual property (such as Cake's logos, trademarks, and copyright-protected work meaning photos, images, drawings and graphics from Cake’s website and Social Media Platforms etc) in any way, except to use the Cake name as to identify yourself as a Cake customer or Referrer;
• Directly or indirectly use, create or register any (i) businesses, (ii) URLs, (iii) domain names, (iv) software application names or titles, or (v) social media handles or profiles which is or may be deemed identical or similar in wording, appearance or context to "Cake” “Ridecake” or other trademarks, domain names or other distinctive marks belonging to, or being licensed to, Cake;
• Purchase keywords (including, but not limited to Google AdWords) that contain any of Cake's trademarks;
• Use automated systems or bots through any channel to distribute, post, or otherwise share your Code;
• Use scripts or programmed or automatic dialers to send invites or otherwise share your Code;
• Make misleading claims about Cake, use offensive/abusive content, create fake websites/webpages/social media profiles/apps, misrepresent your connection to Cake, or otherwise make any false or misleading statements to get a referee to use your Code; or
• Use your Code in any manner that violates the law or the rights of anyone else.

If a Referred Customer receives referral codes from multiple Referrers, only the Referrer associated with the referral code actually used by the referred friend will receive Referral Credits.

5. TERMINATION

Cake may suspend or terminate the Program or a user’s ability to participate in it at any time for any reason. We reserve the right to suspend or remove Referral Credits if we notice any activity that we believe is abusive, fraudulent, or in violation of these Terms. We reserve the right to review and investigate all referral activities and to modify referrals in our sole discretion as deemed fair and appropriate. The scope, variety, and type of services that you may obtain by redeeming Referral Credits can change at any time.

6. MISCELLANEOUS

The relationship of the parties hereto shall be that of independent contractors and nothing herein shall be construed to create or imply an agency, employment, partnership, or other relationship, it being acknowledged that each of the parties is engaged in its own separate and distinct business and is responsible for any and all federal, state, local, and/or foreign income taxes and self-employment taxes, and any and all other federal, state, and local licenses, fees or taxes, or sales tax, including withholding taxes, social security taxes, and public liability and worker’s compensation insurance.

You agree that these Terms may be assigned, in whole or in part, by Cake to any of its affiliates or to any person or entity acquiring Cake’s business, in whole or in part. Because of the personal nature of your services, you may not assign these Terms or any obligations hereunder.

These Terms are complete and embraces the entire understanding between the parties with respect to the subject matter herein. All prior and contemporaneous understandings in connection with the subject matter herein contained, either oral or written, are null and void unless expressly set forth herein.

If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms. The parties shall replace such provision by one or more valid and enforceable provisions approximating the original intention of the parties as closely as possible.

These Terms shall be governed by and construed in accordance with the laws of Sweden, without regard to its principles of conflicts of law. Any dispute, controversy or claim arising out of or relating to these terms or the breach, termination or invalidity thereof shall be finally settled by a public court with the Stockholm district court as the court of first instance.