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Terms & Conditions

 

Welcome to Cakesmiths.in!

Please take a few minutes to review these Terms and Conditions. These Terms and Conditions apply to your access and use of the Web Site and our mobile applications. Your use of our Web Site or our mobile application constitutes your agreement to follow these Terms and Conditions and to be bound by them.

 

These Terms and Conditions May Change

Cakesmiths is a brand owned by Thacker and Company Ltd which reserves the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Web Site.

 

Shipping and Processing Fees

Our shipping and processing charges are intended to compensate our company for the cost of processing your order, handling and packing the products you purchase and delivering them to you. We encourage you to also review detailed information about our shipping policy[VJ1] 

 

Use of Our Web Site

 

ACCESS

You will be able to access parts of the Website without having to register any details with us. However, from time-to-time certain areas of this Website may be accessible only if you are a registered user.You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your Internet connection are aware of these terms, and that they comply with them.

We make reasonable efforts to ensure that this Website is available to view and use 24 hours a day throughout each year however, this is not guaranteed. The Website may be temporarily unavailable at anytime because of: server or systems failure or other technical issues; reasons that are beyond our control; required updating, maintenance or repair.Where possible we will try to give you advance warning of maintenance issues but shall not be obliged to do so.

 

REGISTERING ON THIS WEBSITE

When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.

By registering on the Website you undertake.

1. That all the details you provide to us for the purpose of registering on the Website are true, accurate, current and complete in all respects

2. You will notify us immediately of any changes to the information provided on registration

3. To accept complete responsibility for your user account, including private data such as your username, password and associated addresses. Thacker and Company Ltd will never give out customer information. Please do review our Privacy Policy[VJ2] 

4. You authorise us to transmit your name, address and other personal information supplied by you (included updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity

 

ELIGIBILITY TO PURCHASE FROM THE WEBSITE

To be eligible to purchase the Goods on this Website and lawfully enter into and form contracts with us, you must:

Be legally capable of entering into a binding contract

Provide full details of a delivery address in the Indian Subcontinent. If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.

 

INTELLECTUAL PROPERTY

The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Cakesmiths or Thacker and Company Ltd.

You acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.

Copying or storing the contents of the Website for other than personal use is expressly prohibited.You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.

You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.

No licence is granted to you to use any of our trade marks or those of our affiliated companies.

 

Limitations

You are permitted to use the Website and the material contained in it only as expressly authorised by us and in accordance with these terms and conditions, as may be amended from time to time without notice to you. We provide access and use of the Website on the basis that we exclude all representations, warranties and conditions to the maximum extent permitted by law.

We reserve the right to make changes to the information or materials on this Website at any time and without notice to you. That includes:

- Temporarily or permanently change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts of or the entire Website without notice or liability to you or any third party.

- Refuse to post material on the Website or to remove material already posted on the Website

You may not use the Website for disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material, Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaching any applicable local, national or international laws, regulations or code of practice, gaining unauthorised access to other computer systems, interfering with any other person's use or enjoyment of the Website, breaching any laws concerning the use of public telecommunications networks, interfering with, disrupting or damaging networks or websites connected to the Website, utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website, to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation, to create and/or publish your own database that features all or substantial parts of the Website, making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner.

In addition, you must not:

Knowingly introduce viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website, attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to it, attack the Website via a denial-of-service attack or a distributed denial-of service attack, damage or disrupt any part of the Website, any equipment or network on which the Website is stored or any software used for the provision of the Website.

 

SUSPENDING OR TERMINATING YOUR ACCESS

We reserve the right to terminate or suspend your access to the Website immediately and without notice to you if:

You fail to make any payment to us when due

You breach the terms of these terms and conditions (repeatedly or otherwise)

You are impersonating any other person or entity

When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity

We suspect you have engaged, or about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website

 

User Comments

We welcome your comments about our Web Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively "Comments") sent to our Web Site shall be and remain the exclusive property of Thacker and Company Ltd. Your submission of any such Comments shall constitute an assignment to Thacker and Company Ltd of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Thacker and Company Ltd will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way.

 

Hyperlinks to other Web Sites

To the extent our Web Site contains hyperlinks to outside services and resources, the availability and content of which Thacker and Company Ltd does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.

 

Disclaimer

This Web Site and our mobile applications, and all Content available on this Web Site, our mobile applications, or both, are provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation warranties of title or implied warranties of merchantability, non-infringement, or fitness for a particular purpose. You acknowledge, by your use of this Web Site or our mobile applications, as applicable, that your use is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use, and that Thacker and Company Ltd shall not be liable for any damages of any kind related to your use of this Web Site or our mobile applications.

 

Product Pricing Information

The prices displayed on our Web Site may differ from prices that are available in stores or in catalogues, and our pricing may differ from store to store. Currently all prices are displayed in Indian Rupees.

 

Special Offers

Occasionally we will offer special promotions to our customers that we refer to as "special offers" or "special offer". This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers may be for a limited time only.

 

LINKING TO THE WEBSITE

You may create a link to the Website from another website however the link has to be established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person. It must be provided in such a way that is fair and legal and does not damage our reputation or take advantage of it.

Any links to our website has to be established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists. We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.

We reserve the right to withdraw consent of links to our website without providing reasons. Upon receiving such notice you must immediately remove the link and inform us once this has been done.

 

EXTERNAL LINKS

To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:

The privacy practices of such websites

The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources

The use which others make of these websites

Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources.

 

GENERAL

We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.

If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions in these terms and conditions and the remainder of the provision in question will not be affected.

All Contracts are concluded and available in English only.

If we fail, at any time to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, it shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.