Terms of Service for Maple Whisk Dessert Studio Inc.

Effective Date: [Insert Effective Date]

1. Introduction and Acceptance of Terms

These Terms of Service (the “Terms”) govern access to and use of the website, products, services, consultations, communications, and any related offerings provided by Maple Whisk Dessert Studio Inc. (“Maple Whisk Dessert Studio Inc.,” “we,” “us,” or “our”).

By visiting our website, placing an order, booking a consultation, requesting a quote, making a payment, or otherwise engaging with our services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our services.

These Terms apply to all customers, clients, website users, and other persons who interact with Maple Whisk Dessert Studio Inc.

2. Scope of Services

Maple Whisk Dessert Studio Inc. is a dessert-studio business providing custom and event-based dessert services, which may include, without limitation:

• Custom celebration cakes;
• Artisan cupcakes and mini desserts;
• Dessert table styling for events;
• Seasonal pastry boxes;
• Wedding dessert consultations; and
• Corporate dessert gifting.

All products and services are subject to availability, seasonal ingredient supply, production capacity, design approval, and applicable order minimums. We reserve the right to decline orders at our discretion, including where we are unable to meet requested timelines, specifications, dietary requirements, or safety standards.

Any quotations, proposals, mockups, consultations, or sample designs provided by us are for informational purposes only and do not constitute a final commitment until confirmed in writing and, where applicable, paid for in accordance with these Terms.

3. User Obligations and Responsibilities

You agree to provide accurate, current, and complete information when placing an order, booking a consultation, or communicating with us. You are responsible for ensuring that all event details, delivery information, contact information, dietary requests, and design preferences are correct and submitted in a timely manner.

You acknowledge and agree that:

• Custom products may vary from reference images, sketches, or descriptions due to the handmade nature of our work;
• Colour, decoration, shape, and finish may differ slightly from images viewed on screens due to lighting, materials, and production techniques;
• You must inform us in advance of any allergies, intolerances, dietary restrictions, or ingredient sensitivities;
• We do not guarantee that our products are free from allergens, including but not limited to nuts, dairy, eggs, wheat, soy, sesame, gluten, and other ingredients used in a shared environment;
• You are responsible for safe storage, handling, transport, and serving of products after pickup or delivery, unless otherwise agreed in writing;
• Event location access, setup permissions, and timing arrangements are your responsibility unless expressly included in the service package; and
• You will not use our services for any unlawful, fraudulent, defamatory, abusive, or harmful purpose.

If you fail to provide accurate information or comply with these Terms, we may cancel the order, refuse service, or charge reasonable additional fees associated with any resulting changes, delays, or rework.

4. Payment Terms and Conditions

All prices are stated in Canadian dollars unless otherwise indicated. Prices may vary depending on complexity, ingredients, labour, design requirements, delivery needs, setup requirements, seasonal demand, and applicable taxes.

Unless otherwise agreed in writing, the following payment rules apply:

• A deposit or full prepayment may be required to confirm an order or consultation.
• Custom orders are not reserved until the required deposit or payment has been received and acknowledged by us.
• Final payment deadlines will be communicated at the time of booking or order confirmation.
• Late payments may result in order cancellation, refusal to commence production, or suspension of services.
• Payment processing may be subject to third-party payment provider terms and fees.
• Returned, reversed, disputed, or failed payments may result in administrative charges to the extent permitted by applicable law.

Taxes, including the Harmonized Sales Tax (HST) or other applicable Canadian taxes, will be charged where required by law. Unless explicitly stated otherwise, delivery fees, setup fees, consultation fees, rush fees, ingredient substitutions, and special packaging costs are additional.

5. Cancellation and Refund Policy

Because our products are often custom-made, perishable, and prepared specifically for a client or event, all cancellations and refunds are subject to the following conditions, to the extent permitted by applicable law:

• Deposits for custom orders and consultations may be non-refundable.
• Cancellations made close to the event date may be subject to cancellation fees reflecting materials purchased, labour performed, reserved production time, and administrative costs.
• No refunds will be issued for orders that have been completed, delivered, picked up, or partially consumed, except where required by law.
• Refunds or replacements may be considered only where there is a proven material defect, error attributable to us, or failure to deliver as agreed, subject to prompt notice and evidence.
• Any dissatisfaction regarding design, taste, or appearance must be reported within a reasonable time after pickup or delivery, and in any event before the product is consumed, altered, or discarded.

In the event of a cancellation by us due to circumstances within our control, we will use reasonable efforts to offer a refund, replacement, or rescheduling option, as appropriate. Nothing in these Terms limits any non-waivable rights you may have under applicable consumer protection laws in Canada or Ontario.

6. Liability Limitations

To the maximum extent permitted by applicable law, Maple Whisk Dessert Studio Inc., its directors, officers, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of business, loss of goodwill, or loss of data arising out of or related to the use of our services.

Without limiting the foregoing, we are not responsible for:

• Allergic reactions or adverse health effects where allergen information was not disclosed, or where products were handled, stored, or consumed contrary to our instructions;
• Damage or deterioration caused by improper transportation, storage, temperature exposure, humidity, delay, or mishandling after pickup or delivery;
• Delays caused by traffic, weather, road closures, venue restrictions, third-party failures, or inaccurate event information;
• Venue-related issues, including setup restrictions, access limitations, or equipment incompatibility;
• Minor variations in decoration, weight, dimensions, colour, or finishing in handmade goods; and
• Any acts or omissions of third-party vendors, couriers, venues, or suppliers.

To the fullest extent permitted by law, our total aggregate liability arising from any claim relating to the services or products shall not exceed the amount paid by you for the specific product or service giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law, including liability for gross negligence, wilful misconduct, or any non-waivable statutory rights.

7. Intellectual Property Rights

All content, branding, logos, product names, website text, photographs, designs, recipes, illustrations, concept boards, marketing materials, and other intellectual property provided or displayed by Maple Whisk Dessert Studio Inc. are owned by or licensed to us and are protected by applicable intellectual property laws.

You may not reproduce, modify, distribute, publish, display, create derivative works from, or commercially exploit our intellectual property without our prior written consent. Any unauthorized use of our content, images, or designs is strictly prohibited.

Where custom design concepts are created for a client, we retain the right to use photographs or general descriptions of the finished work for portfolio, marketing, social media, and promotional purposes, unless the client requests otherwise in writing and we agree to such restriction.

You represent and warrant that any materials you supply to us for use in an order, such as logos, trademarks, images, or text, do not infringe the rights of any third party and may be lawfully used by us for the intended purpose.

8. Data Protection and Privacy

We collect and use personal information only as necessary to operate our business, fulfill orders, provide customer support, process payments, schedule consultations, and communicate with clients. Personal information may include names, contact details, event details, delivery information, preferences, and payment-related information processed through third-party providers.

Maple Whisk Dessert Studio Inc. handles personal information in accordance with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA), and applicable provincial privacy requirements where relevant.

We may share personal information with third-party service providers only as reasonably required to provide services, such as payment processors, delivery providers, email platforms, or booking systems, subject to appropriate safeguards.

By using our services, you consent to our collection, use, disclosure, and retention of your personal information for the purposes described in these Terms and in any applicable privacy notice. You may contact us to request access to or correction of your personal information, subject to legal limitations.

We take reasonable administrative, technical, and physical measures to protect personal information; however, no system is completely secure, and we cannot guarantee absolute security.

9. Force Majeure

We will not be liable for any failure or delay in performing our obligations where such failure or delay is caused by events beyond our reasonable control, including but not limited to acts of God, fire, flood, extreme weather, power outages, labour disputes, supplier shortages, transportation disruptions, government restrictions, public health emergencies, venue closures, civil unrest, or other force majeure events.

In the event of a force majeure occurrence, we may, at our discretion, reschedule, substitute, reduce, or cancel services, and we will make reasonable efforts to communicate with affected clients as promptly as practicable.

10. Changes to Terms

We may update or modify these Terms from time to time to reflect operational changes, legal requirements, or business practices. Any revised Terms will be posted or otherwise communicated with an updated effective date where appropriate.

Your continued use of our services after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using our services.

11. Applicable Law and Jurisdiction

These Terms and any dispute arising out of or relating to them, our products, or our services shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles.

You agree that the courts located in Toronto, Ontario, shall have exclusive jurisdiction over any dispute arising from or relating to these Terms, subject to any mandatory consumer rights or statutory protections that may apply under applicable law.

12. Contact Information

If you have questions, concerns, requests, or notices regarding these Terms or our services, please contact:

Maple Whisk Dessert Studio Inc.
Maple Whisk Dessert Studio, 2140 Dundas Street West, Suite 306, Toronto, ON M6R 1X3, Canada
Email: [email protected]
Phone: +1 (416) 782-9641

13. Severability Clause

If any provision of these Terms is held to be invalid, illegal, void, or unenforceable by a court or other competent authority, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect.

If any invalid or unenforceable provision can be modified to make it valid and enforceable, it shall be deemed modified to the minimum extent necessary to achieve that result while preserving the original intent as closely as possible.

By engaging with Maple Whisk Dessert Studio Inc., you acknowledge that you have read, understood, and agreed to these Terms of Service.