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.
CAKE WAVES, India and its subsidiaries/affiliates (hereinafter “Cake Waves”) recognizes the importance of privacy of its users and also of maintaining confidentiality of the information provided by its users as a responsible data controller and data processer.
This Privacy Policy provides for the practices for handling and securing user’s Personal Information (defined hereunder) by Cake Waves.
This Privacy Policy is applicable to any person (‘User’) who purchase, intend to purchase, or inquire about any product(s) or service(s) made available by Cake Waves through any of Cake Waves’s customer interface channels including its website & offline channels including call centres and offices (collectively referred herein as “Sales Channels”).
For the purpose of this Privacy Policy, wherever the context so requires “you” or “your” shall mean User and the term “we”, “us”, “our” shall mean Cake Waves. For the purpose of this Privacy Policy, Website means the website(s), mobile site(s) and mobile app(s).
By using or accessing the Website or other Sales Channels, the User hereby agrees with the terms of this Privacy Policy and the contents herein. If you disagree with this Privacy Policy please do not use or access our Website or other Sales Channels.
This Privacy Policy does not apply to any website(s), mobile sites and mobile apps of third parties, even if their websites/products are linked to our Website. User should take note that information and privacy practices of Cake Waves’s business partners, advertisers, sponsors or other sites to which Cake Waves provides hyperlink(s), may be materially different from this Privacy Policy. Accordingly, it is recommended that you review the privacy statements and policies of any such third parties with whom they interact.
This Privacy Policy is an integral part of your User Agreement with Cake Waves and all capitalized terms used, but not otherwise defined herein, shall have the respective meanings as ascribed to them in the User Agreement.
Cookies:
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. Cake Waves uses cookies to personalize your experience on the Website and the advertisements that maybe displayed. Cake Waves’s use of cookies is similar to that of any other reputable online companies. Cookies allow us to serve you better and more efficiently. Cookies also allow ease of access, by logging you in without having to type your login name each time (only your password is needed); we may also use such cookies to display any advertisement(s) to you while you are on the Website or to send you offers (or similar emails – provided you have not opted out of receiving such emails) focusing on destinations which may be of your interest. A cookie may also be placed by our advertising servers, or third party advertising companies. Such cookies are used for purposes of tracking the effectiveness of advertising served by us on any website, and also to use aggregated statistics about your visits to the Website in order to provide advertisements in the Website or any other website about services that may be of potential interest to you. The third party advertising companies or advertisement providers may also employ technology that is used to measure the effectiveness of the advertisements. All such information is anonymous. This anonymous information is collected through the use of a pixel tag, which is an industry standard technology and is used by all major websites. They may use this anonymous information about your visits to the Website in order to provide advertisements about goods and services of potential interest to you. No Personal Information is collected during this process. The information so collected during this process, is anonymous, and does not link online actions to a User. Most web browsers automatically accept cookies. Of course, by changing the options on your web browser or using certain software programs, you can control how and whether cookies will be accepted by your browser.
Automatic Login of session:
Each time you access the Website your session data gets logged. Session data may consist of various aspects like the IP address, operating system and type of browser software being used and the activities conducted by the User while on the Website. We collect session data because it helps us analyze User’s choices, browsing pattern including the frequency of visits and duration for which a User is logged on. It also helps us diagnose problems with our servers and lets us better administer our systems. The aforesaid information cannot identify any User personally. However, it may be possible to determine a User’s Internet Service Provider (ISP), and the approximate geographic location of User’s point of connectivity through the above session data.
Personal Information we collect when you register with us online or create an online account:
You can browse the Website without registering with us or creating an online account. However, in order to access certain resources or services via the Website (e.g., to access technical alerts or to join technical forums), you will need to register with us. In order to register and create an online account, we collect certain personal information about you such as:
Customer Name
Designation
Company Name
E mail address
Mobile Number
Website
Country
City
Personal Information we collect when do business with Cake Waves:
We may collect and process Vendor or Business Partner Data when you conduct business with Cake Waves as, or on behalf of, a vendor, supplier, consultant, professional adviser or other third party. “Vendor or Business Partner Data” means information relating to an identified or identifiable natural person that Cake Waves receives from or on behalf of a vendor, supplier, consultant, professional adviser or any other third parties that do business with Cake Waves, whether or not such natural person is also a Website user.
Examples of Vendor or Business Partner Data include:
Business contact information (such as name of organization and website details);
If you also hold an online Cake Waves account, we add any purchase information we collect, including details of the purchase and your business address, to your online account information;
Credit card/debit card/demand draft/wire transfer information required to be furnished by you while making payment for our services.
Service Providers and suppliers:
Your information shall be shared with the end service providers like any other suppliers who are responsible for fulfilling your orders. You may note that while making a booking with Cake Waves you authorize us to share your information with the said service providers and suppliers. It is pertinent to note that Cake Waves does not authorize the end service provider to use your information for any other purpose(s) except as may be for fulfilling their part of service. However, how the said service providers/suppliers use the information shared with them is beyond the purview and control of Cake Waves as they process Personal Information as independent data controllers, and hence we cannot be made accountable for the same. You are therefore advised to review the privacy policies of the respective service provider or supplier whose services you choose to avail.
Cake Waves does not sell or rent individual customer names or other Personal Information of Users to third parties except sharing of such information with our business / alliance partners or vendors who are engaged by us for providing various referral services and for sharing promotional and other benefits to our customers from time to time basis their booking history with us.
In the interests of improving personalization and service efficiency, we may, under controlled and secure circumstances, share your Personal Information with our affiliate or associate entities. This will enable us to provide you with information about various products and services which might interest you or help us address your questions and requests in relation to your bookings.
We may also share certain filtered Personal Information to our corporate affiliates or business partners who may contact the customers to offer certain products or services, which may include free or paid products / services, which will enable the customer to have better experience or to avail certain benefits specially made for Cake Waves customers. Examples of such partners are entities offering co-branded credit card, banking cards or similar sensitive information etc. If you choose to avail any such services offered by our business partners, the services so availed will be governed by the privacy policy of the respective service provider.
Cake Waves may share your Personal Information to third party that Cake Waves may engage to perform certain tasks on its behalf, including but not limited to payment processing, data hosting, and data processing platforms.
We use non-identifiable Personal Information of Users in aggregate or anonymized form to build higher quality, more useful online services by performing statistical analysis of the collective characteristics and behaviour of our customers and visitors, and by measuring demographics and interests regarding specific areas of the Website. We may provide anonymous statistical information based on this data to suppliers, advertisers, affiliates and other current and potential business partners. We may also use such aggregate data to inform these third parties as to the number of people who have seen and clicked on links to their websites. Any Personal Information which we collect and which we may use in an aggregated format is our property. We may use it, in our sole discretion and without any compensation to you, for any legitimate purpose including without limitation the commercial sale thereof to third parties.
In addition to the circumstances described above, CAKE WAVES may disclose User’s Personal Information if required to do so:
by law, required by any enforcement authority for investigation, by court order or in reference to any legal process;
to conduct our business;
for regulatory, internal compliance and audit exercise(s)
to secure our systems; or
to enforce or protect our rights or properties of CAKE WAVES or any or all of its affiliates, associates, employees, directors or officers or when we have reason to believe that disclosing Personal Information of User(s) is necessary to identify, contact or bring legal action against someone who may be causing interference with our rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities.
Such disclosure and storage may take place without your knowledge. In that case, we shall not be liable to you or any third party for any damages howsoever arising from such disclosure and storage.
CAKE WAVES takes necessary steps, within its limits of commercial viability and necessity, to ensure that the user’s information is treated secure.
We request our users to sign out of their CAKE WAVES account and close their browser window when they have finished their work. This is to ensure that others cannot access their personal or business information and correspondence, if the user shares the computer with someone else or is using a computer in a public place.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while CAKE WAVES strives to protect the user’s personal & business information, it cannot ensure the security of any information transmitted to CAKE WAVES and you do so at your own risk. Once CAKE WAVES receives your transmission, it makes best efforts to ensure its security in its systems. Please keep in mind that whenever you post personal & business information online, that is accessible to the public, you may receive unsolicited messages from other parties.
CAKE WAVES is not responsible for any breach of security or for any actions of any third parties that receive Your Information. The Website also linked to many other sites and we are not/shall be not responsible for their privacy policies or practices as it is beyond our control.
Notwithstanding anything contained in this Policy or elsewhere, CAKE WAVES shall not be held responsible for any loss, damage or misuse of Your Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined in Terms of Use).
You may access your Personal Information from your user account with CAKE WAVES. You may also correct your personal information or delete such information (except some mandatory fields) from your user account directly. If you don’t have such a user account, then you write to cakewaves@yahoo.in
We reserve the rights to revise the Privacy Policy from time to time to suit various legal, business and customer requirement. We will duly notify the users as may be necessary.
By using this Website, you consent to the terms of this Privacy Policy and to the use and management of personal information by Cake Waves for the purposes and in the manner herein provided. Should this Policy change, Cake Waves intends to take every reasonable step to ensure that these changes are brought to your attention by posting the updated Privacy Policy on the Website. Your visit and any dispute over privacy are subject to this Privacy Policy. The said Privacy Policy shall be governed by and construed in accordance with the laws of such jurisdictions as that of your country of residence.
You may always submit concerns regarding this Privacy Policy via email to us at cakewaves@yahoo.in. CAKE WAVES shall endeavour to respond to all reasonable concerns and inquires.
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