Terms of Service

 

  1. General  
  • Welcome to the official website of the “Kay Patisserie” brand, available at: https://kaypatisserie.com (“Website”).  The Website is owned and operated by Kay Patisserie., a proprietorship concern, having its registered office at 1914, 5th Cross, 18th A Main Road, JP Nagar, Phase 2, Bengaluru, Karnataka 560078, India and may be accessed by You for the purposes of availing Our Services. 
  • For the purposes of these terms of use (“Terms of Use”), “We”, “Us”, “Our”, “Kay Patisserie” means Kay  Patisserie, a proprietorship concern and “You”, “Your” or “User” means any person who access or uses the  Website or avails Our Services.  
  • These Terms of Use is in the nature of a binding agreement between You and Kay Patisserie, and governs Your use of, and access to, the Website and Our Services. This document is made in pursuance of the Information  Technology Act, 2000 and associated rules, and is an electronic record generated by a computer system. It does  not require any physical or digital signature for the purpose of acceptance. 
  • By accessing or using the Website, you agree to be bound by these Terms of Use and Our other policies  made available on the Website, including but not limited to the Privacy Policy (“Policies”). Please read the Terms of  Use and Our Other Policies before doing so. If You do not agree to either these Terms of Use or any of Our Policies,  please do not access the Website. 
  • Your acceptance of these Terms of Use implies that You have the capacity to enter into a legally binding  contract as per applicable law of the jurisdiction in which You are accessing the Website.  
  • Please review these Terms of Use from time to time. We reserve the right to amend and/or modify all or  any of the Terms of Use at Our sole discretion without notice. These amendments and/or modifications shall become effective immediately upon being published on the Website. Your continued use of the Website, or Our Services following such amendment and/or modification indicates Your acceptance of the same.  
  1. Our Services 
  • Our website allows You to avail the following services from Us (“Services”) 
  • Ordering products listed on the Website at specific dates and times; 
  • Making customised cake orders; 
  • Make enquiries about Our products and services; 
  • Access information purposes about Kay Patisserie, Our products and services, store locations; and
  • Access Our social media pages on Instagram and Facebook. 
  • You may also reach out to Us by providing Your personal information on the ‘Contact Us’ section of Our  Website. In such an event, you will be required to provide Your name, email address and phone number. 
  • In the event You have registered Yourself on the National Do Not Call Registry, or any similar list, you are requested to ensure that Your registrations permit Us to contact You using the information provided by You.  
  1. Our products 
  • Our website contains Our current product offering. Please note that the products shown on Our Website  are subject to availability and may have limited quantities. 
  • Please note that the images of Our products listed on the Website are for representation purposes only  and the actual product You may receive may not match either: (i) the description on the Website; or (ii) the image shown on the Website. 
  • All descriptions of Our products and Services (where relevant) and their pricing are subject to change at  any time without notice, at Our sole discretion and We reserve the right to discontinue any product or Service at  any time. 
  1. Other terms pertaining to Our Services 

We do not warrant that the quality of any products, Our Services, information, or other material purchased or obtained by You will meet Your expectations, or that any errors in the Service will be corrected. 

  1. Pricing 
  • The prices for Our products displayed on the Website are inclusive of applicable taxes. However, the  prices are exclusive of shipping costs, which are calculated on checkout of the products. The prices for Our  products and Services are subject to change without notice.  
  • We reserve the right at any time to modify or discontinue the Our products or Services (or any part or  content thereof) without notice at any time. 
  • We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the Services or any product. 
  1. Payments, delivery and shipping 
  • Delivery and shipping are facilitated through a third-party logistics solution provider (“Delivery Partner”). For the purposes of facilitating and fulfilling payments through the Website, we utilise the services of a third-party  payment fulfilment service provider (“Payments Partner”)  
  • Our Delivery Partner and Payments Partner have their own terms of use and privacy policies. You are requested to acquaint Yourself with such terms of use and privacy policies, as delivery and payment of Our Services will be governed by the same. 
  • We have no control over the services of Our Delivery Partner or Payments Partner. We shall not be liable for any disputes arising from or in connection with such transactions between You and the aforementioned third parties, however, we may intervene and assist You in resolution of Your issues.
  • We take all reasonable care to educate and train Our Delivery Partner, its representatives, employees and individuals on handling of Our products, so that the same may reach You in the best possible condition. Despite Our best efforts, there may be situations where Our products may not reach You in a desired state or condition. Refunds, if any, requested by You due to the product not reaching You in a desired state will be processed in  accordance with Our refund policy set out in Clause 7 of these Terms of Use. 
  • Our products have been developed in such ways that they have a shelf life of approximately: 4 (four) to 5 (five) days from shipping for cakes/desserts and such other timelines, as may be indicated in our packaging, or  communicated to you otherwise, when stored in appropriate conditions.  
  • Should You reach out to Us directly at Our contact details listed on the Website, we may utilise a different mode of payment, which shall be communicated to You. 
  • While ordering Our products listed on the Website, you may specify various delivery slots and preferred  dates. We will communicate the same to Our Delivery Partner. However, We do not guarantee that Your selected  products will reach You on the date(s), or time, which You may have specified and We take no responsibility for any lapses in service by Our Delivery Partner. 
  • Our Services are restricted to Bangalore, India, only. 
  1. Refunds 
  • All Our products are made and packed with extreme care in sealed packs to make sure You receive them in their best condition. In case of incorrect orders or any damages caused to the products delivered to You, we can  provide refund only in the form of store credit or a replacement product of the same or lesser value. No monetary refund will be provided. 
  • While making a payment for Our Services, should Your selected payment option fail or be rendered  unsuccessful, upon verification of the same, we will initiate a refund of the relevant amount. 
  1. Order modifications 
  • If You wish to modify Your order after You have placed an order with Us, you may contact Us at: (i) the  number(s) listed on the Website; or (ii) info@kaypatisserie.com.  
  • Any modification to Your order: (i) should be intimated to Us, at least 48 (forty-eight) hours before the  scheduled delivery; and (ii) is subject to availability of products. If We do not receive a modification request for Your order within the aforesaid timeline, we will assume that there are no modifications required and We will  proceed to arrange delivery of the same to You at the date and time You have indicated.  
  • If a User requests modification of any order of products placed with us, or with any Service to be  rendered, such User shall bear the incremental costs of the products and/or Services, as may be relevant. 
  • We reserve the right to refuse any order or modification You place with Us. We may, at Our sole discretion, limit, modify, or cancel quantities purchased per person, per household or per order or modification. These restrictions may include orders or modifications placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that We make a change  to or cancel an order, We may attempt to notify You by contacting the e-mail and/or billing address/phone  number provided at the time the order was made. You agree to provide current, complete and accurate purchase and account information for all purchases made at Our store. 
  • Furthermore, order modifications in terms of Our products and Services are subject to availability of  products, other services, or service providers, other goods and items required to fulfil such modified order, or scope of work given to us. 
  1. Order cancellation 
  • Please note that if You wish to cancel any order(s) for products placed with us, the same must be  intimated to us at least 48 (forty-eight) hours prior to the scheduled delivery. No refund will be given if the order was not cancelled in accordance with the specific time. 
  • We would request you to intimate order cancellations to Us over the phone. And also request for a cancellation confirmation from our end. 
  1. By agreeing to use Our Services: 
  • You agree that You are 18 (eighteen) years of age or above, or the age of majority in the jurisdiction from where You are accessing the Website. Your acceptance of these Terms of Use implies that You have the capacity to enter into a legally binding contract under applicable law, and in particular, the Indian Contract Act, 1872. 
  • You warrant that all the information provided by You on the Website is true, current, complete and  accurate. 
  • You warrant that, should Your information change at any time during Your use of the Website, you shall update Your information to ensure it remains true, current, complete and accurate at all times.  
  • You agree that the availability of Our Services and/or content on the Website and Your ability to access  Our Services or the Website and the content on the Website is subject to Our sole discretion. 
  • We regularly make changes to Our Website, including changes to Our content on the Website. 
  • You agree to be fair, accurate and non-disparaging while leaving comments, feedback, testimonials and  reviews on or about the Website or Our Services on relevant fora and platforms.  
  • You agree that Kay Patisserie. has the right to suspend Your access to the Services at any time, for any  purpose, without prior notice. 
  • You agree that We reserve the right to restrict Your access to Our Website and all Services, if You have, or We have reasonable grounds to believe that You have, breached any of Our policies, or been convicted of an offence which involves moral turpitude or any offence under the penal code of the jurisdiction from which You are  accessing the Website.
  1. Scope of license 

Subject to Your compliance with these Terms of Use and Our Privacy Policy, We grant You, a non-exclusive, limited,  revocable, non-transferable, non-sublicensable license to access and use the Services, Website and the content  therein for personal and non-commercial use. You acknowledge that by accessing Our Website, Services and/or any content on the Website shall be deemed transferred or transferable to You. 

  1. Ownership and restrictions 
  • Kay Patisserie, own all rights, title and interest in and to, the Website, underlying software, under  interfaces, Services, and the graphics, images, photographs, videos, logos, trademarks, appearance, organization and layout of the Website. You agree that by accessing the Website, no right, title or interest in the Website, software, user interfaces, Services, or any other intellectual property that is incorporated in it, shall be deemed transferred to You. 
  • Except as provided in these Terms of Use, You may not copy, download, stream, capture, reproduce,  duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, redistribute, perform, display, sell, frame, or deep-link, make available, sell, offer on commercial rental, create derivative works, translate, adapt or otherwise use the Website, content on the Website and/or Services in a manner not expressly provided for under these Terms of Use.  
  • You warrant that You are using the Website on Your own initiative and You agree to use the Website, Services and content on the Website in accordance with all applicable laws, rules and regulations.  
  • The products that may be ordered through the Website are meant for Your consumption and shall not be  re-sold or commercialised in any manner, without Our prior written consent. 
  • You shall use the Website only for its intended purposes in a bona fide manner. In addition to the  restrictions provided above, you further agree to use the Website, Services and/or content on the Website in a  lawful manner and not to:  
  • Use the Services for any purpose that is unlawful or prohibited by the Terms of Use; 
  • Attempt to or gain unauthorised access to any portion or feature of the Website, or any other systems or  networks connected to the Website, or to any server, computer, network, or to any of the Services by hacking,  password “mining” or any other illegitimate means; 
  • Directly or indirectly solicit the account information of other users or access or try to access any account  which does not belong to You; 
  • Probe, scan or test the vulnerability of the Website or any network connected to the Website or Services  or breach the security or authentication measures on the Website or any network connected to the Website; 
  • Extract data from the Website;
  • Attempt to circumvent the regular operation of the Website, or reduce the fees or consideration that We  may derive, or alter the description or quantities specified of the products listed on the Website, by any means  including by creating multiple accounts, redirecting traffic or following other fraudulent or deceptive practices; 
  • Attempt to alter the prices of the products; 
  • Collect any User information through automated means, including but not limited to bots, robots, spiders  and scrapers without Our prior written permission; 
  • Facilitate or encourage any violation of these Terms of Use or Our other policies, as amended from time  to time; 
  • Harass or harm another person using the Website; 
  • Exploit or endanger a minor using the Website; 
  • Impersonate or attempt to impersonate any person or entity; 
  • Violate any intellectual property right, trade secret, privacy, publicity or other proprietary right of any  person; 
  • Introduce or engage in activity that involves the use of viruses, software disabling codes, bots, worms, or  any other computer code, files, or programs that interrupt, destroy, or limit the functionality or any computer  software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of, or access to, a computer or a computer network; 
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software, applications and/or any element comprising the Website and the application for accessing the Services; 
  • Copy, record, edit, modify any of the content on the Website for any purpose; 
  • Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Services, including Kay Patisserie servers, networks, or accounts; 
  • Cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Services or the content on the Website; 
  • Delete or revise any information provided by or pertaining to any other User of the Services; 
  • Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Services; 
  • Solicit, collect or request any personal information for commercial or unlawful purposes; 
  • Post, upload or otherwise transmit or link to an image, video, audio or any information of another person  without that person's consent;
  • Post, upload or otherwise transmit or link to content that is threatening, abusive, excessively violent, invasive of another’s privacy, publicity or other rights; 
  • Post, upload or otherwise transmit or link to content that is tortious, false or misleading or is defamatory, libelous, hateful or discriminatory: 
  • Post, upload, host, display, publish, share or otherwise make available on the Website any content or  information that belongs to another person to which You do not have any right to or contains any content which is  not compliant with the Information Technology Act, 2000, rules, regulations, and guidelines made thereunder,  including Rule 3 of The Information Technology (Intermediaries Guidelines) Rules, 2011, policies, as amended or re-enacted from time to time; 
  • Engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of  the content on the Website; or building a business using the content on the Website) without Kay Patisserie’s prior consent; 
  • Use technology or other means to access, index, frame, or link to the Website ling the content on the  Website) that is not authorized by Kay Patisserie; 
  • Access the Website (including the content on the Website) through any automated means, including “robots,” “spiders,” or "offline readers" (other than by individually performed searches on publicly accessible  search engines for the sole pose of, and solely to the extent necessary for, creating publicly available search indices  but not caches or archives of the Website and excluding those search engines or indices that hast, promote, or link  primarily to infringing or unauthorized content); 
  • Use the Services to advertise or promote competing services; 
  • Use the Services in a manner inconsistent with any and all applicable law; 
  • Attempt, facilitate, induce, aid and abet, or encourage other to do any of the foregoing; • Use the Services for public display, regardless of whether the public has paid for such display or not; • Broadcast or make available the content on the Website to any third party; or 
  • Use the Website and/or Services for any other purpose other than for personal viewing.
  • 13. Termination 

You agree that We may, at Our sole discretion, suspend or terminate Your access to all or a part of Our Website and resources with or without notice and for any reason, including, without limitation, breach of these Terms of  Use. Illegal, fraudulent or abusive activity may be grounds for termination Your relationship and may be referred to  appropriate law enforcement authorities. Upon suspension or termination, your right to use Our Services We provide will immediately cease, and We reserve the right to remove or delete any information that You may have on file with Us. 

  1. Indemnities 

You agree to indemnify, defend, and hold harmless, Kay Patisserie, its proprietor, employees and agents from and  against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not  limited to attorneys’ fees) arising from: (i) Your use of and access to the Website, content on the Website and  Services; (ii) Your violation of any term of these Terms of Use; (iii) Your violation of any third party right, including  without limitation, any privacy, publicity or intellectual property right; (iv) Your breach of applicable law(s); or (v)  any unauthorized, wrongful, unlawful or illegal use of Your account by a third party with or without Your consent.  

  1. Disclaimer of Warranties 
  • You agree and acknowledge that the Website, the content, product pricing and descriptions are provided on an ‘as-is’ basis for general information purposes only. We endeavour to keep the information up-to-date and correct but the Website, Services and the information and content on it are being provided without warranties of any kind, either express, or implied, including those of title, fitness for purpose, merchantability, completeness,  availability, security, compatibility, or non-infringement, to the fullest extent permitted by applicable law. You  acknowledge that the functioning of the Website is not error-free, uninterrupted or free of viruses and other  harmful components. You further agree that Kay Patisserie is not under any obligation to screen, censor or edit any  portion of the content before providing access to You; and  
  • The Website may provide links to articles, news and other information, which may be reproduced from  public sources and We shall not be liable for the same in any manner and such third-party public source will  continue to be responsible for the relevant information. 
  1. Limitation of Liability 

Kay Patisserie, its proprietor, employees, agents, shall not be liable for any direct, indirect, incidental, punitive, special or consequential damages arising from Your use of the Website, Services, or content. Where the laws do  not permit the exclusion or limitation of liability, in such jurisdictions, Kay Patisserie’s liability shall be limited to the maximum extent permitted by law.  

  1. Miscellaneous  

Force Majeure  

We shall not be held liable whatsoever in the event of failure to provide the Website and/or deliver the Services  under these Terms of Use or any portion thereof occasioned by an Act of God, war, disease, revolution, riot, civil,  commotion, strike out, terrorist attack, network maintenance, service maintenance, server maintenance, or any  other cause beyond Our reasonable control. 

Survival

Obligations which by their nature would continue beyond termination or expiration of these Terms of Use  including but not limited to Your representations, undertakings and warranties under these Terms of Use and  clauses relating to indemnity, disclaimer or warranties, limitation of license, governing law and dispute resolution. 

Severability and Waiver 

If any provision of these Terms of Use is unenforceable or invalid, void or unenforceable, then that provisions hall  be considered severable and the rest of the Terms of Use will continue in full force and effect. Any failure to  exercise promptly, any right under these Terms of Use shall not constitute a waiver of that right. 

Entire Agreement 

These Terms of Use and the Privacy Policy constitute the entire agreement between You and Kay Patisserie governing Your use of, and access to, the Website, the content on the Website and Services, superseding any prior  agreement between the parties. 

Governing Law and Dispute Resolution 

These Terms of Use, being an electronic record, and in the nature of an agreement between You and Kay Patisserie  will be governed and construed in accordance with the laws of India, as applicable between residents, without  giving effect to its principles of conflict of laws. 

In the event of a dispute arising out of, or in relation to, these Terms of Use, including any question regarding its  existence, validity or termination, the parties shall, at the first instance try to resolve the dispute amicably by  mutual discussions, and if the parties are unable to do so then, they may refer the dispute to, and finally resolved  by, arbitration. 

In any arbitration commenced pursuant to this clause, the number of arbitrators shall be one, mutually appointed  by the parties: (i) language of arbitration proceedings shall be English, and (ii) the seat, or legal place of arbitration,  shall be Bangalore, India. The arbitration proceedings shall be confidential, closed to the general public. The  arbitration shall be governed in accordance with the Indian Arbitration and Conciliation Act, 1996, as may be  amended from time to time. The award of the arbitrator shall be final and binding on the parties. Neither party  shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in  dispute until such matter shall have been submitted to arbitration as herein provided and then only for the  enforcement of the arbitrator’s award; provided however, that prior to the appointment of the arbitrator or for  remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek relief in a court of competent  jurisdiction in Bangalore, India without thereby waiving its right to arbitration of the dispute or controversy under  this clause. Subject to the foregoing dispute resolution clause, both parties submit to the exclusive jurisdiction of the courts at Bangalore, India. 

You may write to Us at info@kaypatisserie.com for any queries that You may in relation to these Terms of Use.