Welcome to www.cakemastersindia.com. Cakekraft India Private Limited /Cake Masters India and/or its affiliates (“Cakekraft”/CMI) provide website features and other products and services to you when you visit or shop at cakemastersindia.com, use Cakekraft /CMI products or services, use Cakekraft/CMI applications for mobile, or use software provided by Cakekraft/CMI in connection with any of the foregoing (collectively “Cakekraft /CMI Services”). Cakekraft /CMI provides the Cakekraft /CMI Services subject to the following conditions.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Terms & Conditions
The domain name www.cakemastersindia.com (hereinafter referred to as “Website”) is owned by Cakekraft India Private Limited a company incorporated under the Companies Act, 1956 with its registered office at 403, Silver Square, Dattatray Road, Santacruz West, Mumbai-400054 (hereinafter referred to as “Cakekraft”).
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Cakekraft website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Cakekraft reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Cakekraft’s notice or if it is discovered that you are under the age of 18 years.
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
DISCLAIMER OF WARRANTIES AND LIABILITY:
CAKEKRAFT India Private Limited /Cake Master India has endeavored to ensure that all the information pertaining to the Products/Services appearing on the Website is correct, but CAKEKRAFT/CMI neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service.
In no event shall CAKEKRAFT India Private Limited /Cake Masters India be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
- The use or the inability to use the Services;
- Unauthorized access to or alteration of the user’s transmissions or data;
- Any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service.
We do not warrant:
- That this Website will be constantly available, or not available at all during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond control of CAKEKRAFT India Private Limited; or
- The information on this Website is complete, accurate or non-misleading.
We will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website.
We do not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from us are free of viruses or other harmful components.
Nothing on Website constitutes, or is meant to constitute, advice of any kind.
You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with us, you consent to be contacted by us via phone calls and / or SMS notifications, in case of any order or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
Without prejudice to the other remedies available to us under this agreement or under applicable law, we may limit the users activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
- We are unable to verify or authenticate any information provided by the Users; or
- We believe that the Users actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the Users, other users of the website and/or CAKEKRAFT India Private Limited.
CAKEKRAFT India Private Limited may at any time in its sole discretion reinstate suspended Users. Once the Users have been indefinitely suspended the Users may not register or attempt to register with Cakekraft India Private Limited or use the website in any manner whatsoever until such time that the Users are reinstated by CAKEKRAFT. Notwithstanding the foregoing, if the users breach this agreement, the terms of service or the documents it incorporates by reference, CAKEKRAFT India Private Limited reserves the right to recover any losses, damages, claims suffered or incurred by CAKEKRAFT India Private Limited and any amounts due and owing by the Users to CAKEKRAFT India Private Limited and to take legal action as CAKEKRAFT India Private Limited deems necessary.
Membership on the Website is free for buyers. However subscriptions (monthly/yearly) are paid and NOT free. Cakekraft India Private Limited does not charge any fee for browsing and buying on the Website. Cakekraft India Private Limited reserves the right to change its Fee Policy from time to time. In particular, Cakekraft India Private Limited may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Cakekraft India Private Limited reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Cakekraft India Private Limited.
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
- You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Cakekraft India Private Limited and Cakemastersindia.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Cakekraft India Private Limited or otherwise tarnish or dilute any Cakekraft’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Cakekraft’s systems or networks, or any systems or networks connected to Cakekraft India Private Limited.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding
- It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, Cakekraft/CMI does not warrant that:
- This Website will be constantly available, or available at all; or
- The information on this Website is complete, true, accurate or non-misleading.
Cakekraft India Private Limited /Cake Masters India will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Cakekraft India Private Limited does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s
All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
Upon initiating a Transaction, a legally binding and enforceable contract has been executed by you with us to purchase the products and /or services from us using the Payment Facility, and You shall pay the Transaction Price through your Issuing Bank to the us using Payment Facility.
You may agree with us through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
You shall electronically notify Payment Facility using the appropriate Cakekraft India Private Limited Website features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction.
Cakekraft India Private Limited reserves the right to impose limits on the number of Transactions or Transaction Price which Cakekraft may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
Cakekraft India Private Limited reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Cakekraft or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
Buyer’s arrangement with Issuing Bank:
All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
REFUND/RETURN OF GOODS
You, shall not be entitled to claim a refund of the Transaction Price andof the product in case you do not raise the request for refund within 24 hours . In case you do not raise a refund claim using our website features within the stipulated time, then you would not be eligible for a refund.Only if the claim for refund is made within the stipulated time and the same is approved by Cakekraft, refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
- For electronic payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
- The Buyer shall be entitled to claim exchange of the goods only if the Buyer is willing to bear the courier charges to re ship the goods.
You are aware that edible items cannot be exchanged and as a consequence no refund will be applicable for such items.
In the event, the seal of the package in which the goods are packed and shipped are opened, the Buyer shall not be entitled to exchange or return.
The Buyer undertakes to send all mails with requests for returns/exchange addressed to this mail id email@example.com. No requests sent to any other email id shall be entertained or considered.
Delivery/Dispatch of Goods/Merchandise:
For the purposes of this Clause:
- a) “Business Days” shall mean all working days excluding Saturdays, Sundays, public holidays and regional holidays;
- b) “Working days” shall mean in so far as Cakekraft India Private Limited is concerned shall be Monday to Friday. Accordingly “Working Hours” shall mean 11 am to 5 pm on all working days.
- c) “Unforeseen circumstances” shall mean and include severe weather conditions, heavy rainfall as a consequence of which business functioning will be affected.
If, for any reasons beyond the control of Cakekraft despite the diligence and care taken during dispatch of the shipments, the entire order or portion of the order has not been fulfilled, Cakekraft shall be entitled to fulfill the order within 5-7 working days from the date of intimation of non delivery of the product or products and/or refund the balance money within 15 working days from the date of intimation.
Cakekraft India Private Limited shall not liable for any loss, damage, mis-delivery caused on account of act of God, force majeure occurrence or any other cause reasonably beyond the control of Cakekraft India Private Limited. No claim whatsoever on account of the above reason shall be entertained by Cakekraft India Private Limited nor shall be initiated in any courts of law.
Cakekraft will endeavor to exercise its best efforts to provide expeditious delivery of the consignment in accordance with the regular delivery schedules. Cakekraft shall not under any circumstances be liable for delay in delivery of the said consignment, regardless of the cause of such delay. Further, Cakekraft shall not be responsible for consequences arising out of delay in delivery of the said consignment; and no claims whatsoever in that regard shall be entertained by Cakekraft India Private Limited at any point of time nor shall any legal proceedings be initiated against Cakekraft before any courts of law.
The liability of Cakekraft India Private Limited / Cake Masters India if any, in delay of magazine (subject to any exceptions available under law) shall be to the extent of value of the magazine only. Cakekraft India Private Limited shall not be responsible for any consequential losses/claims.
Compliance with Laws:
Buyer shall comply with all the applicable laws (including without limitation) Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Cakekraft Website.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Cakekraft makes no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Cakekraft is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
Trademark, Copyright and Restriction
This site is controlled and operated by Cakekraft and products are sold by Cakekraft India Private Limited. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Cakekraft India Private Limited does not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Limitation of Liability
The trust placed by our Users is of utmost important to us and that’s why we assure you of our unique feature of secure transactions and customer information privacy. The following statements indicate our process of information gathering and dissemination practices.
- Collection of Personally Identifiable Information and other Information
When you use our Website, we collect and store your personal information which is provided by you from time to time. Our primary goal in doing so is to provide you a safe, efficient, smooth and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our Website to make your experience safer and easier. More importantly, while doing so we collect personal information from you that we consider necessary for achieving this purpose.
In general, you can browse the Website without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the Website. We may automatically track certain information about you based upon your behaviour on our Website. We use this information to do internal research on our users’ demographics, interests, and behaviour to better understand, protect and serve our users. This information is compiled and analyzed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our Website or not), which URL you next go to (whether this URL is on our Website or not), your computer browser information, and your IP address.
We use data collection devices such as “cookies” on certain pages of the Website to help analyze our web page flow, measure promotional effectiveness, and promote trust and safety. “Cookies” are small files placed on your hard drive that assist us in providing our services.
A “cookie” is a small piece of information stored by a web server on a web browser so it can be later read back from that browser. Cookies are useful for enabling the browser to remember information specific to a given user. We offer certain features that are only available through the use of a “cookie”. We place both permanent and temporary cookies in your computer’s hard drive. The cookies do not contain any of your personally identifiable information.
If you choose to buy on the Website, we collect information about your buying behaviour.
If you transact with us, we collect some additional information, such as a billing address, a credit / debit card number and a credit / debit card expiration date and/ or other payment instrument details and tracking information from cheques or money orders.
If you choose to post messages on our message boards, chat rooms or other message areas or leave feedback, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.
If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Website, we may collect such information into a file specific to you.
We collect personally identifiable information (email address, name, phone number, credit card / debit card / other payment instrument details, etc.) from you when you set up a free account with us. While you can browse some sections of our Website without being a registered member, certain activities (such as placing an order) do require registration. We do use your contact information to send you offers based on your previous orders and your interests.
- Protection of information collected
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
- Use of Demographic / Profile Data / Your Information
We use personal information to provide the services you request. To the extent we use your personal information to market to you, we will provide you the ability to opt-out of such uses. We use your personal information to resolve disputes; troubleshoot problems; help promote a safe service; collect money; measure consumer interest in our products and services, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to you at the time of collection.
In our efforts to continually improve our product and service offerings, we collect and analyze demographic and profile data about our users’ activity on our Website.
We identify and use your IP address to help diagnose problems with our server, and to administer our Website. Your IP address is also used to help identify you and to gather broad demographic information.
We will occasionally ask you to complete optional online surveys. These surveys may ask you for contact information and demographic information (like zip code, age, or income level). We use this data to tailor your experience at our Website, providing you with content that we think you might be interested in and to display content according to your preferences.
3. Sharing of personal information
We may share personal information with our other corporate entities and affiliates to help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of our services; and to facilitate joint or co-branded services that you request where such services are provided by more than one corporate entity. Those entities and affiliates may not market to you as a result of such sharing unless you explicitly opt-in.
- Links to Other Sites
Our Website links to other websites that may collect personally identifiable information about you. Cakekraft.com is not responsible for the privacy practices or the content of those linked websites.
- Security Precautions
Our Website has stringent security measures in place to protect the loss, misuse, and alteration of the information under our control. Whenever you change or access your account information, we offer the use of a secure server. Once your information is in our possession we adhere to strict security guidelines, protecting it against unauthorized access.
- Withdrawal from subscription to Cakemastersindia.comwebsite
We provide all users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us on behalf of our partners, and from us in general, after setting up an account.
- Advertisements on Cakemastersindia.com
We use third-party advertising companies to serve ads when you visit our Website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
- Your Consent
Cakekraft India Private Limited
http://Cakekraftindia.com; legal@Cakekraftindia.com with copies of email marked to firstname.lastname@example.org and email@example.com