This platform is owned by Cake Waves. The terms and conditions as set out herein (“Terms”) constitute an agreement between Cake Waves, having its registered office at 31 A, Ramu Complex, 80 Feet Road, Saligramam, Chennai, Tamilnadu – 600093, which operates the https://www.cakewaves.com/ (defined below) and a legal person who accesses and/or uses the Cake Waves Platform in any manner (“you” or “your”) or uses any current or future service or functionality or offer made available on the Cake Waves Platform (“Service(s)”), as updated from time to time.

PLEASE READ THE TERMS OF SERVICE AGREEMENT CAREFULLY.

By using the Cake Waves Platform, you expressly agree to be bound by the Terms. If you do not agree with any of the Terms, please do not use the Cake Waves Platform. Please note that your access to the Services, other platforms or utilisation of Products, offers, or promotions in relation to the Products as may be provided by us or our affiliates, may be governed by other terms and conditions, policies or guidelines (“Additional Terms”) along with these Terms. If these Terms are inconsistent with any Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable Service or utilisation of the Product. These Terms govern your use of the Cake Waves Platform and transaction or dealings thereon. 

These Terms are divided into 2 (two) parts. Please carefully read all the parts to understand the conditions applicable in case of usage of C and for purchase of Products thereof.

PART A – TERMS AND CONDITIONS FOR USAGE OF CAKE WAVES PLATFORM

1 GENERAL

1.1 The terms and conditions for usage of  the Cake Waves Platform as set out herein (“Terms of Use”) specifically govern your access and use of  the Cake Waves Platform, which provides a forum for you to inter alia enable you to discover, select, and buy Products listed on  the Cake Waves Platform at the indicated price at any time, from the locations serviceable by us.

1.2 Please note that Cake Waves may from time to time change the Terms of Use that govern your use of the Cake Waves Platform. The date of last revision to this Agreement will be indicated at the top of theAgreement. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement constitutes your acceptance of all changes or revisions. Cake Waves encourages you to review this Agreement whenever you visit the Website to ensure that you understand the terms and conditions governing the use of the Website. This Agreement does not in any way alter the terms or conditions of any other written agreement you may have with Cake Waves for other products or services. Further, please note that we reserve the right to either change the format and the content of the Cake Waves Platform  or suspend the operation of the Cake Waves Platform  for support or maintenance work, in order to update the content or for any other reason, at any time.

1.3 Accessing, browsing, or otherwise using the Cake Waves Platform indicates your agreement to these Terms of Use, the Privacy policy of the Cake Waves Platform  and any other policies or guidelines that may be applicable on the Cake Waves Platform  at the time of your access and usage of the Cake Waves Platform  and which may be updated from time to time (collectively, the “Agreement”).

1.4 This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as may be 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.

1.5 We authorise you to view and access the Cake Waves Platform solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Return and Refund Policy, therefore, grant you a limited, revocable permission to access and use the Services.

1.6 By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. If a user is below 18 (Eighteen) years of age, it is assumed that he/she is using/browsing the Cake Waves Platform under the supervision of his/her parent or legal guardian and that such user’s parent or legal guardian has read and agrees to the terms of this Agreement, including terms of purchase of Products on behalf of the minor user. In the event we are made aware that a user is under the age of 18 and is using/browsing the Cake Waves Platform without the supervision of his/her parent or legal guardian, we reserve the right to deactivate such user’s account without further notice. Further, if you are using the Services on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

2 REGISTRATION OF YOUR ACCOUNT

2.1 In order to purchase Products on the Cake Waves Platform  and/or avail the Services, you will have to register on the Cake Waves Platform . Registration is a one-time process based on successful mobile OTP (One Time Password) verification and you will be eligible to further access and avail the Services only upon receipt of a confirmation e-mail from us after filling in the necessary forms and after providing the necessary details as may be required by us at the time of your registration.

2.2 You are solely authorized to operate the Cake Waves account created by you. Consequently, it is your responsibility to maintain the confidentiality of the login credentials of your account on the  Cake Waves Platform and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account.

2.3 You will: (a) immediately inform us of any unauthorized use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. We, our employees, agents, directors and officers will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms of Use. You may be held liable for any losses incurred to us or any other user due to unauthorized use of their account by you. Cake Waves reserves the right to refuse access to the Cake Waves Platform, terminate accounts, remove or edit content at any time without notice to you.

3 COMMUNICATION AND UNSUBSCRIPTION

3.1 This Website offers different types of cakes for sale. By placing an order for cakes through this Website, you agree to the terms set forth in this Agreement. By accepting the Terms of Use, you agree to receive news, updates, offers/ campaign related SMS, to the mobile phone number provided by you. By accessing and using the Cake Waves Platform and/ or verifying your contact number with us, you explicitly consent to receive such communications (through phone call, SMS, e-mail, or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/ NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.

3.2 You can unsubscribe/opt-out from receiving marketing/ promotional communications, newsletters and other notifications from us at any time by following the instructions set out in such communications.

4 DISCLAIMER OF WARRANTIES, INACCURACIES, AND  ERRORS

4.1 We will try to ensure that all information and recommendations, whether in relation to the Products, Services, offerings, or otherwise (hereinafter “Information”) provided as part of this  Cake Waves Platform is correct at the time of inclusion on the Cake Waves Platform. We do not guarantee the accuracy of the Information. We make no representations or warranties as to the completeness or accuracy of Information.

4.2 You agree that Information is being supplied to you on the condition that you will make your own determination as to the suitability of such information for your purpose prior to use or in connection with the making of any decision. Any use of this Cake Waves Platform or the Information is at your own risk. Neither we, our affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this website, the Information, or any third-party website linked to this Cake Waves Platform. We are not responsible for the content of any third-party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.

4.3 As means to assist the users in identifying the Products of their choice, we may provide visual representations of the products on the Cake Waves Platform including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics, and other visual aids. While reasonable efforts are made to provide accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to users. The appearance of the Product when delivered may vary for various reasons.

4.4 Nothing contained herein is to be construed as a recommendation to use any Product, process, equipment or formulation, in conflict with any patent, or otherwise and we make no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.

4.5 We do not provide any representations and warranties:

4.5.1 in respect of suitability, accuracy, merchantability, fitness for a particular purpose/ consumption or the content (including Product or pricing information and/ or specifications) on  the Cake Waves Platform; and

4.5.2  that the operation of Cake Waves Platform, including the functions contained in any content, information, and materials on Cake Waves Platform or any third-party sites or services linked to Cake Waves Platform will be uninterrupted, or that the defects will be rectified, or that  Cake Waves Platform or the servers that make such content, information, and materials available are free of viruses or other harmful components.

4.6 THIS CAKE WAVES PLATFORM AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. WE, FOR OURSELF AND ANY THIRD-PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT OF THIRD-PARTY RIGHTS, WITH RESPECT TO THE CAKE WAVES PLATFORM, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4.7 Disclaimer – To the extent permitted by applicable law, We, our officers, agents, employees and directors, disclaim any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on the Cake Waves Platform.

5 AVAILABILITY AND ACCESSIBILITY OF CAKE WAVES PLATFORM

5.1 We control and operate this Cake Waves Platform  from Chennai, Tamilnadu, India and make no representation that the materials and the content available on the Cake Waves Platform  are appropriate to be used or will be available for use in locations not explicitly mentioned on the website. If you use this Cake Waves Platform  from any of the locations not serviceable by us, you are entirely responsible for compliance with all applicable local laws. These Terms of Use do not constitute, nor may these Terms of Use be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.

5.2 The Services offered in one region may differ from those in other regions due to availability, local or regional laws, shipment, and other considerations. We do not make any warranty or representation that a user in one region may obtain the Services from our site in another region and we may cancel a user’s order or redirect a user to the site for that user’s region if a user attempts to order Services offered on a site in another region.

5.3 Information that we publish on the world wide web may contain references or cross references to our Products, programs, and Services that are not announced or available in your region/city. Such references do not imply that we intend to announce such Products, programs or Services in your region/city. Consult our local business contact for information regarding the Products, programs and Services that may be available to you.

5.4 We constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and we reserve the right to recover the cost of products, collection charges, and lawyer fees from persons using theCake Waves Platform fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Cake Waves Platform and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such an account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.

6 THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES

6.1 In your use of Cake Waves Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members, sponsors, or delivery partners of Cake Waves Platform or access any other third-party website linked to the Cake Waves Platform. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that we have no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party website and the contract under such instances 

7 LICENSE AND USE OF YOUR CONTENT

7.1  By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, non-commercial use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from <insert the registered business name here>  or the applicable third party (if third party content is at issue).

7.2 You grant to us a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on the Cake WavesPlatform without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on the Cake Waves Platform. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at its request.

7.3 You agree that we do not routinely monitor your postings on Cake Waves Platform but reserve the right to do so. However, if we become aware of inappropriate use of the Cake Waves Platform or any of its Services, we will respond in any way that, in its sole discretion, we deem appropriate. You acknowledge that we will have the right to report to law enforcement authorities of any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, we will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.

7.4 Submissions and unauthorised use of any materials contained on the Cake Waves Platform may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations, and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your username and/or password. As such, you shall indemnify and hold us and our officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Cake Waves Platform or the use of Cake Waves Platform by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.

7.5 We reserve the right to terminate access to this Cake Waves Platform at any time and without notice. Further this limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded and printed materials. Any provision of the Terms of Use which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Terms of Use shall survive the termination or expiration of the Terms of Use.

8 USER WARRANTIES AND RESTRICTIONS

8.1 You represent and warrant that: (a) your use of Cake Waves Platform and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to us in connection with Cake Waves Platform and/or Services is true, accurate, and lawful; (c) use of the content and material you supply does not breach any applicable Agreement and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, we will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify us and our affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

8.2 You will use Cake Waves Platform for lawful purposes only and will not undertake any activity that is harmful to Cake Waves Platform or its content or otherwise not envisaged through the Cake Waves Platform. You have a limited license to access and use Cake Waves Platform, solely for the purpose of availing the Services, subject to these Terms of Use.

8.3 You will not do any of the following:

8.3.1 Delete or modify any content on Cake Waves Platform, such as any information regarding the Services, their performance, sales or pricing;

8.3.2 Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs, etc.) to navigate or search Cake Waves Platform;

8.3.3 Make false or malicious statements against the Services, Cake Waves Platform or us;

8.3.4 Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damageCake Waves Platform and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of Cake Waves Platform and/or the Services;

8.3.5 Introduce any trojans, viruses, any other malicious software, any bots or scrape Cake Waves Platform for any information;

8.3.6 Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;

8.3.7 Hack into or introduce malicious software of any kind onto Cake Waves Platform;

8.3.8 Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or

8.3.9 Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.

8.4 You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating, or sharing on or through Cake Waves Platform, any information that:

8.4.1 belongs to another person and to which you do not have any right;

8.4.2 is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;

8.4.3 harms minors in any way;

8.4.4 infringes any patent, trademark, copyright, or other proprietary rights;

8.4.5 violates any law for the time being in force;

8.4.6 deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

8.4.7 impersonates or defames another person; or

8.4.8 contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer resource

9 INDEMNIFICATION AND LIMITATION OF LIABILITY

You agree to indemnify, defend and hold harmless us, our affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of Cake Waves Platform or the Services, violation of these Terms of Use, or infringement of any of our or any third-party intellectual property or other rights. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

10 GOVERNING LAW AND JURISDICTION

This Website originates from the City of Chennai in the State of Tamil Nadu. This Agreement will be governed by the laws of the State of Tamil Nadu without regard to its conflict of law principles to the contrary. Neither you nor Cake Waves will commence or prosecute any suit, proceeding, or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in City of Chennai in the State of Tamil Nadu. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

11 FORCE MAJEURE

 Cake Waves will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

12 WAIVER

No provision in these Terms of Use will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Any consent by us to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

13 SEVERABILITY

If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms of Use and the remainder of these Terms of Use will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms of Use will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.

14 AMENDMENT

These Terms of Use are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms of Use as available on Cake Waves Platform. Your relationship with the Cake Waves Platform will be governed by the most current version of these Terms of Use, as published on Cake Waves Platform.

15 MISCELLANEOUS

15.1 In addition to these Terms of Use, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Services. You agree that we will not be liable for any transaction between itself and any such third parties.

15.2 These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the use of Cake Waves Platform, and the rights and liabilities with respect to any Services to be provided by us shall be limited to the scope of these Terms of Use.

PART B – TERMS AND CONDITIONS OF SALE ON CAKE WAVES PLATFORM

The terms and conditions of sale as set out herein (“Terms of Sale”) constitute an agreement between us and you and govern the terms and conditions on which you purchase your Products from us on or through the Cake Waves Platform. By placing an order for any Product with us or making a purchase of Product, you expressly agree to be bound by these Terms of Sale.

These Terms of Sale are in addition to the Agreement. These Terms of Sale constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1 OUR CONTRACT OF SALE

1.1. Listing and display of a Product by us on  Cake Waves Platform is our invitation to you to make an offer for purchase of such Product. Likewise, the placement of an order on  Cake Waves Platform by you is your offer to buy the Product(s) from us.

1.2. Once you have placed an order with us for purchase of a Product, you will receive an e-mail and/or mobile confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer.

1.3. We only accept your offer and conclude the contract of sale for a Product ordered by you, when the Product is shipped or dispatched to you and an e-mail and/or registered mobile number confirmation is sent to you that the Product has been shipped or dispatched to you (the “Shipment Confirmation”). We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to you.

1.4. If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Shipment Confirmation.

1.5. Any communication from us shall be sent only to your registered mobile number and/or e-mail address or such other contact number or e-mail address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or e-mail address on the  Cake Waves Platform in the event there is a change. Further, we may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While we shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Product(s) with you, we shall not be held liable for any failure to send such notifications or reminders to you.

1.6. Your contract is with us and you confirm that the Product(s) ordered by you are purchased for your internal/personal purpose and not for resale or business purpose. 

1.7. All orders placed on  Cake Waves Platform are subject to the availability of such Product, our acceptance of your offer as per the above and your continued adherence to these Terms of Sale.

1.8. You hereby authorise us to declare and provide declarations to any governmental authority on request on your behalf, including that the Products ordered by you are for personal, non-commercial use.

2 RETURN AND REFUND

Please review the Returns Policy and Refund Policy of  Cake Waves Platform, which applies to Products sold by us.

3 AVAILABILITY OF PRODUCT(S)

We list availability information for the Products on the relevant webpage of  Cake Waves Platform. Beyond what we say on that webpage or otherwise on  Cake Waves Platform, we cannot be more specific about availability. Please note that dispatch estimates are not guaranteed and should not be relied upon as such. As we process your order, you will be informed by e-mail and/or mobile SMS if any Products you order turn out to be unavailable or out of stock.

4 PRODUCT PRICING

4.1. All prices are listed in (INR) Indian Rupees. Price, as displayed, is exclusive of shipping charges and other applicable taxes.

4.2. Products in your shopping cart of  Cake Waves Platform will reflect the most recent price as displayed on the Product’s information webpage on Cake Waves Platform. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. It is also possible that a Product’s price may decrease between the time you place it in your shopping cart and the time you place the order. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery.

5 TAXES

You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products from us and you agree to bear any and all applicable taxes.

6  LIMITATION OF LIABILITY

In no event, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, shall extend beyond the money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of Product by us to you was formed.

7 AMENDMENTS

We reserve the right to make changes to our policies and these Terms of Sale at any time. You will be subject to the policies and Terms of Sale in force at the time you order Product from us, unless any change to those policies or these Terms of Sale is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

8 FORCE MAJEURE

We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.

9 WAIVER

No provision in these Terms of Sale will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Our consent to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

10 GOVERNING LAW AND DISPUTE RESOLUTION

You and Us shall endeavour to amicably, through discussions, settle and resolve any dispute or difference arising out of or in relation to this Agreement (“Dispute”) within 15 (fifteen) days from the commencement of such Dispute. In case of such failure, the Dispute shall upon the expiry of the aforesaid period, be referred to e-arbitration to be conducted by a sole arbitrator, who shall be jointly appointed by the you and us from the panel of available e-arbitrators. All arbitration proceedings may be conducted through mode available on the internet or any other information and communication technology (including but not limited to video call system, telephone or mobile, fax, e-mail facilities) which can be beneficially used to solve disputes. All Arbitration proceedings shall be held in accordance with the provisions of Arbitration and conciliation Act, 1996. The arbitral award shall be final and binding on the Parties. The award may include costs, including reasonable advocates’ fees, and disbursements.

Subject to the arbitration clause above, the Parties agree to submit to the exclusive jurisdiction of competent courts at Chennai, Tamilnadu, India.

11 MISCELLANEOUS

11.1 In addition to these Terms of Sale, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Terms of Use.

11.2 These Terms of Sale supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the purchase of Product.