The membership of this Web site for certain services is available only to those above the age of 18 barring those ‘Incompetent to Contract’ which inter alia include insolvents and the same is not allowed to minors as described by the Indian Contract Act, 1872. If You are a minor and wish to use the Web site, you may do so through your legal guardian and BitsCakeWala reserves the right to terminate your account on knowledge of You being a minor and using the membership of the site. The use of this Web site is not limited to those above the age of 18 only and are applicable to all barring those ‘Incompetent to Contract’ which inter alia include insolvents under the Indian Contract Act, 1872.
Further, You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. In the case that you provide us with false and inaccurate details or BitsCakeWala has reasonable reasons to believe you have done so, We hold the rights to permanently suspend your account.
The membership of this Web site is free of cost and this includes the browsing of the site and the use of the services. However, we reserve the right to amend this no-fee policy and charge for the services rendered. In a case that such happens, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Site.
5. Third Party Information
6. User Obligations
You are a restricted user of this Web site.
- You are bound not to Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Web site. With our prior permission, limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Web site is not permitted.
- You agree not to access (or attempt to access) the Web site and/or the materials or Services by any means other than through the interface that is provided by the Web site. The use of deep-link, 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 Web site or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Web site, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Web site. You acknowledge and agree that by accessing or using the Web site or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Web site. Further, You may report such offensive content.
In places where this Web site allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
- a) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- b) Engage BitsCakeWala in any activity that interferes with or disrupts access to the Web site or the Services (or the servers and networks which are connected to the Web site);
- c) Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- d) Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- e) Post any file that infringes the copyright, patent or trademark of other legal entities.
- f) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Web site or another's computer;
- g) Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- h) Probe, scan or test the vulnerability of the Web site or any network connected to the Web site, nor breach the security or authentication measures on the Web site or any network connected to the Web site. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Web site, or any other customer of the Web site, including any Web site Account not owned by You, to its source, or exploit the Web site or Service or information made available or offered by or through the Web site, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Web site;
- i) Disrupt or interfere with the security of, or otherwise cause harm to, the Web site, systems resources, accounts, passwords, servers or networks connected to or accessible through the Web sites or any affiliated or linked sites;
- j) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
- l) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- m) Violate any applicable laws or regulations for the time being in force within or outside India;
- o) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- p) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- q) Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
- r) Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- s) Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
7. Disclaimer of Warranties and Liabilities
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: THE WEB SITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEB SITE IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, BitsCakeWala MAKES NO WARRANTY THAT
- YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
- MATERIALS, INFORMATION OBTAINED AND RESULTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
- ANY ERRORS OR DEFECTS IN THE WEB SITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. WE ALSO DISCLAIM ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT. WE AND OUR AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY. BitsCakeWala CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED IN ANY MANNER. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR RISK AND WE SHALL NOT BE HELD LIABLE IN ANY WAY. IN NO EVENT SHALL WE OR OUR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE OR OUR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF RS.1000/-
8. Indemnification and Limitation of Liability
- YOUR USE OF THE WEB SITE;
- OUR USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT;
- INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU;
IN NO EVENT SHALL WE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEB SITE, SERVICES OR MATERIALS. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW
9. Third party information
The Web site hosts information provided by third party. We are in no way responsible to you for the accuracy, legitimacy and trueness of the information so hosted. We are an online guide that acts as an intermediary to provide information. You agree to not hold us liable for the falsification of any such provided information. Your dealings or communications through the Web site with any party are solely between you and that third party. Under no circumstances will we be liable for any good, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party.
During your visit to the Web site you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. You may be introduced to, or be able to access, information, Web sites, advertisements, features, contests or sweepstakes offered by other parties. We are not responsible for the actions or policies of such third parties. You should check the applicable terms of service and privacy policies of those third parties when providing information on such a feature or page.
All information, content, services and software displayed on, transmitted through, or used in connection with the Web site, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by us, and its affiliated companies, licensors and suppliers. You may use the Content online only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. If you operate a Web site and wish to link to BitsCakeWala, you may do so provided you agree to cease such link upon request from us. No other use is permitted without prior written permission from us. You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Web site, not to insert any code or product or manipulate the content of BitsCakeWala in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
11. COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Web site, please contact us at the address listed below under the heading "Contact Us." User-Provided Information and Content By providing information to, communicating with, and/or placing material on, the Web site, including for example communication during any registration, communication on the bulletin board, message or chat area, posting any resume or other content, placing any classified advertisement, entering any sweepstakes, etc., you represent and warrant:
- You own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Service;
- All information you provide is true, accurate, current and complete, and does not violate these Terms of Service;
- The content will not cause injury to any person or entity. Using a name other than your own legal name is prohibited (except in those specific areas of the Web site that specifically ask for unique, fictitious names, e.g., certain message boards and chat rooms).
For all such information and material, you grant us, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all our affiliated Web sites, to include the information in a searchable format accessible by users of the Web site and other affiliated Web sites, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you. Please note we do not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against us and our affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent
12. Compliance with Laws:
Buyer and Seller shall comply with all the applicable laws 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 and the rules made there under, Income Tax Act, 1961 and all other laws applicable to them respectively for using Payment Facility and the Web site.
13. International Users
The Web site is controlled, operated and administered from its offices within INDIA. We make no representation that materials or Content available through our Web site is appropriate or available for use outside INDIA and access to them from territories where their contents are illegal is prohibited. You may not use the Web Site or export the Content in violation of INDIAN export laws and regulations. If you access the Web site from a location outside INDIA, you are responsible for compliance with all applicable laws.
14. Disputes and Jurisdiction
- Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole arbitrator and in the case both parties accept the proposed name, the said person shall be appointed sole mediator. In the case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties however; the parties in good faith will attempt to bind by the decision.
- Stage 2: Arbitration.In the case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board is to comprise three members. One is to be appointed by each party and the third member is to be nominated by the two appointed members by mutual consent between them. The award as the outcome of the arbitration is final and binding on both parties and there shall be no further remedy available to both parties. The arbitration proceedings will take place in the English Language and will be situated in the state of Uttar Pradesh. The mode of appointment of the arbitrators is as provided above.
The content on the web site is general in nature and summarized, and is provided for informational purposes only. The content of the Web site, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional advice, or recommendations of any kind. We do not assure any liability for the contents of any material provided on the Site. Any opinions expressed on the Site are the opinions of the authors. Reliance on any information provided by us, other visitors to the Site is solely at your own risk. This Web site/We assume no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the materials provided to you. We reserve the right to change or discontinue, at any time, any aspect or feature of this Site.
- Service Providers must be legally able to sell the services offered on the Web site. Such products must not infringe upon the intellectual property, trade secret or other proprietary rights, publicity rights and privacy rights of any third parties. Listings may only include text descriptions, graphics and pictures that describe the item for sale. In any case of discrepancy between what is promised by the seller and what is delivered to the consumer or buy and the same may proved by the consumer, the seller will refund the amount paid by the buyer.
- It is the duty of the seller of update information on products or services offered from time to time and ensure that the information produced is accurate to the best of their knowledge.
- You do hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights you have in Your information, in any media now known or not currently known, with respect to Your information to enable Us to use the information for the purpose of providing the Services.
16. Web site as an Intermediary Platform
The Web site is a platform that Users utilize to meet and interact with one another for their transactions. We are not a party to such interaction and take no liability that arises from any such communication.
- All communication which inter alia include the contract, its terms, your obligations, the sellers obligations, prices, etc are outcomes of the communication between the seller and You. This includes, without any limitation, the prices, shipping costs, payment details, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. We do not have any control over such information and play no determinative role in the finalization of the same and hence do not stand liable for the outcomes of such communication.
- We do not endorse any of the products/services offered for sale on the Web site nor place any guarantee as to its nature, price, quality, etc.
- Subject to the above sub-clauses, a contract exists between the seller/provider and the buyer and as such any breach of contract and thus, any claim arising from such breach is the subject matter of the seller/provider and the buyer alone and we are in no way a party to such breach or involved in any suit arising from the same breach. The contact/communication arising from such breach may entail between the seller and the buyer directly without Us being involved.
- As the buyer, you are expected to check the creditworthiness of the provider and the genuineness of the products or services offered by them . We are not liable for the same.
As the contract is limited to the SERVICE PROVIDER and the buyer and not Us, we are in no way liable for any deficiency of service that may arise which includes and is not limited to cancellation of order due to low stocks, defected goods, and defective nature of goods.
As we hold no possession, nor title of the products at any time, or enter/determine the communication between the buyer and the seller or determine its outcome, the contract is purely a bipartite contract between the buyer and the seller and We are not responsible for claims arising from such a contract.
Disclaimer:Due to some technical issue, typographical error or product information published, Pricing on any product(s) as is reflected on the Web site by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
- You release and indemnify Us and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Web site and specifically waive any claims that you may have in this behalf under any applicable law. Please note that there could be risks in dealing with underage persons or people acting under false pretence.
17. Cancellation & Refund Policy
- Cancellation must be done atleast 24 hrs before the expected delivery. In case of same day delivery, you must notify us immediately if you decide to cancel your order, preferably by email, and quote your order number. We will reach out to the concerned bakery and if the bakery accepts your cancellation, no cancellation fee applies. If the bakery refuses cancellation, e.g. because preparation of Food Delivery has been completed and/or delivery personnel has already been dispatched, it may not be cancelled. We will not be able to refund any order in such scenarios.
- We may cancel a contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made.
- If the cancellation was made in time and once the bakery has accepted your cancellation, we will refund or re-credit your debit or credit card with the full amount within 14 days, which includes the initial delivery charge (where applicable) which you paid for the delivery of the Goods or the Services, as applicable.
- In the unlikely event that the participating bakery delivers a wrong item, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing item. If the participating bakery can only do a partial delivery (a few items might be not available), its staff should inform you or propose a replacement for missing items. You have the right to refuse a partial order before delivery and get a refund. We are not responsible for wrong or partial delivery. The issue has to be settled directly with the participating bakery.
18. Delivery & Return Policy
- Ordered items will generally be shipped within 6 hrs to 2 days. However, there can be exceptions to the same. The tentative shipping period will be specified at the time of ordering but these are approximate only and may vary from Bakery to Bakery and product to product.
- Delivery period will be dependent on the distance between bakery location and delivery address. It is generally between 30mins to 2hrs. The tentative delivery period will be specified at the time of ordering but these are approximate only and may vary from Bakery to Bakery and product to product.
- Goods will be delivered to the address designated by you at the time of ordering.
- If delivery is done by the participating bakery or its delivery partners, it is the participating bakeries sole responsibility to provide Food Delivery in a timely manner.
- In the case delivery is done by BitsCakeWala or a third party delivery partner assigned by BitsCakeWala, we will give great care to deliver in a timely manner. No responsibility is taken for late delivery by BitsCakeWala in either case.
- All orders are delivered by a reputable courier. We and the participating bakery will make every effort to deliver within the time stated, however, we will not be liable for any loss caused to you by ordering late. You can contact us by email or phone and we will try to ensure that you receive your order as quickly as possible.
- In case of a late delivery, the delivery charge will neither be voided nor refunded by BitsCakeWala.
- All risk in the Goods and the Food Delivery shall pass to you upon delivery.
- If you fail to accept delivery of Food Delivery and/or Goods at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver shall be your responsibility and you shall indemnify us in full for such cost.
- You must ensure that at the time of delivery of Food Delivery and/or Goods adequate arrangements, including access where necessary, are in place for the safe delivery of such goods. We cannot be held liable for any damage, cost or expense incurred to such goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.
- Participating bakeries, who will prepare your order, aim
- to deliver the product to you at the place of delivery requested by you in your order.
- to deliver within the time confirmed by the bakery.
- to inform you if they expect that they are unable to meet the estimated delivery time.
- Participating bakeries and we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
- Please note that it might not be possible for participating bakeries to deliver to some locations. If this is the case, our participating bakeries or we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.
- Return: If you think, you have received the product in a bad condition or if the packaging is tampered with or damaged before delivery, please refuse to accept the package and return the package to the delivery person.
We reserve the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of the Web site after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use. We may modify, suspend, discontinue or restrict the use of any portion, including the availability of any portion of the Content at any time, without notice or liability. We may deny access to any person or user at any time for any reason. In addition, we may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires BitsCakeWala or any of their assets.