Terms and Conditions

LAST REVISION: [11.12.2023] PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. This Terms of Service Agreement (the “Agreement”) governs your use of this website, www.takethecake .in (the “Website”), Take the Cake (“Business Name”) offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Take the Cake reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Take the Cake will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Take the Cake encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Take the Cake for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.

PRODUCTS

Terms of Offer. This Website offers for sale cakes of different types. By placing an order for cakes through this Website, you agree to the terms set forth in this Agreement. Customer Solicitation: Unless you notify our third party call center reps or direct Take the Cake sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations Take the Cake and its designated in house or third party call team(s). Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations.

1. You may use the opt-out link found in any email solicitation that you may receive.
2. You may send a written remove request to [email protected] The Cake .in Proprietary Rights: Take the Cake has proprietary rights and trade secrets in the Products sold on the website www.takethecake.in you may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Take the Cake. Take the Cake also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.

WEBSITE

Use of Website: Take the Cake is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will

(1) Abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property),

(2) Not interfere with or disrupt the use and enjoyment of the Website by other users,

(3) Not resell material on the Website,

(4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and

(5) Not defame, harass, abuse, or disrupt other users of the Website. License: 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, noncommercial, 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 Take the Cake or the applicable third party (if third party content is at issue). Posting: By posting, storing, or transmitting any content on the Website, you hereby grant Take the Cake a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Take the Cake does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Take the Cake is not liable for any damage or harm resulting from any posts by or interactions between users. Take the Cake reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Take the Cake deems objectionable, in its sole discretion.

DISCLAIMER OF WARRANTIES

YOU’RE USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TAKE THE CAKE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. (“PRODUCTS” INCLUDE TRIAL PRODUCTS.) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TAKE THE CAKE MAKES NO WARRANTY: THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED. REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TAKE THE CAKE ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE. TAKE THE CAKE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You will release, indemnify, defend and hold harmless Take the Cake and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Take the Cake .When Take the Cake is threatened with suit or sued by a third party, Take the Cake may seek written assurances from you concerning your promise to indemnify Hungry Birds Ventures; your failure to provide such assurances may be considered by Take the Cake to be a material breach of this Agreement. Take the Cake will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Take the Cake choice at its expense. Take the Cake will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Take the Cake against any claim, but you must Take the Cake prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

PRIVACY

Take the Cake believes strongly in protecting user privacy and providing you with notice of Take the Cake use of data. Please refer to Take the Cake privacy policy, incorporated by reference herein that is posted on the Website.

AGREEMENT TO BE BOUND

By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.

GENERAL

Force Majeure: Take the Cake 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. Cessation of Operation: Take the Cake may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products. Entire Agreement: This Agreement comprises the entire agreement between you and Take the Cake and supersedes any prior agreements pertaining to the subject matter contained herein. Effect of Waiver: The failure of Take the Cake to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. Governing Law & Jurisdiction: This Website originates from the City of Coimbatore 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 Take the Cake 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 Coimbatore 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. Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Waiver of Class Action Rights: BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY. Termination: Take the Cake reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Take the Cake may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Take the Cake reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Take the Cake chooses, in its sole discretion and without advance to you, to terminate it. Domestic Use: Take the Cake makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws. Assignment. You may not assign your rights and obligations under this Agreement to anyone. Take the Cake may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

SHIPPING

All Cake deliveries will be done from 10 AM to 9 PM. The delivery will be done within the selected time slot. Accurate time of delivery cannot be shared as multiple deliveries are scheduled in different slots.

Xpress cakes need a minimum of 2 hours for delivery from the time of order. Eggless cakes need a minimum of six hours for delivery.

Signature cakes need a minimum of 6 hours for delivery from the time of order

Handcrafted cakes need a minimum of 24 hours for delivery from the time of order

Delivery is free for a specific distance from the delivery center. If applicable, our delivery charge is automatically calculated based on the distance from the delivery center and levied automatically during checkout.

While we strive to be open 365 days a year, deliveries may not be available during certain public holidays

The risk of delayed delivery is borne by the customer if the information provided for delivery in terms of address and related is incorrect

Deliveries once scheduled cannot be rescheduled. If there are unavoidable circumstances, Take the Cake reserves the right to accept or decline on a case to case basis

Address once provided cannot be changed before or during delivery slot. If there are unavoidable circumstances, Take the Cake reserves the right to accept or decline on a case to case basis

If the delivery has not been successful because of the below reasons, no refund will be provided and no follow up delivery will be attempted

Incorrect information provided by the customer

Recipient not available over phone or at premises

Recipient refused to accept the products for reasons beyond our control. Example: Message on cake information has been incorrectly shared and later customer changes his/her mind

Recipient has advised to deliver the product to friend, neighbor or security

Orders once placed cannot be canceled as all our cakes are prepared fresh after receiving the order

BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.