Terms and Conditions:

Overview:   

 

  1. The following terms (“Terms of Service”) describe the terms and conditions applicable to your access to and use of the Artcaketect.com product and services, and any associated software or products (collectively referred to as the “Service”).

  2. This document is a legally binding agreement between you as the user of the Service (referred to as “you” or “your”) and Artcaketect.com and its Affiliates (referred to as “we”, “our”, “us” or “ArtCAKEtect”), where “Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with Artcaketect.com.

  3. By signing up for the Service (including by downloading of the Application or using the Site) you are agreeing to be bound by the Terms of Service. Any new features or tools which are added to the current Service shall also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time here. We reserve the right to update and change the Terms of Service by posting updates and changes. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. 

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service and our Privacy Policy before you may use the Service.

  General Conditions:

  1.  This website is owned and operated by Innovoy Retail Pvt. Ltd. These Terms set forth the terms and conditions under which you may use our website (www.artcaketect.com) and services as offered by us. This website offers visitors an e-commerce marketplace for confectionary, baked goods, food, beverage, bakeware, 3D printers  and related products. It provides an online community to its users to browse , buy and blog about shared interests in food, beverage, confectionary, architecture , e-commerce, industry trends , innovations, technology in food and such other related topics. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

  2. In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

  3.  The Service is available via the Site, download in the Apple App Store and/or download in the Google Play Store via Wix app.Technical support is available via email only at askartcaketect@gmail.com.

  4. You acknowledge and agree that the Service, including without limitation, any associated software, documentation, applications, websites, tools and products, any modifications, enhancements and updates thereto, and all intellectual property rights therein are exclusively owned by Innovoy Retail Pvt. Ltd.

  5. You acknowledge and agree that we may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Service after the amended Terms of Service are posted constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.

  6. You may not use the Service for any illegal, fraudulent or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, or the laws of the Republic of India.

  7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission.

  8. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Artcaketect, Innovoy or ArtCAKEtect's trademarks and/or variations and misspellings thereof.

  9. The Terms of Service shall be governed by and interpreted in accordance with the laws of India applicable therein, without regard to principles of conflicts of laws. You and we irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of India with respect to any dispute or claim arising out of or in connection with the Terms of Service or your use of the Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

 

  Our Rights:

 

1. We reserve the right to modify, discontinue or terminate the Service or any part thereof, or terminate your access to the Service, for any reason without notice at any time. We shall not be liable to you or to any third party for any modification, discontinuance or termination of the Service or any part thereof, or the termination of your access to the Service.

 

2. We reserve the right to refuse the Service to anyone for any reason at any time.

 

3. A breach or violation of any provision of the Terms of Service, as determined in our sole discretion, may result in an immediate termination of your access to the Service. Without limiting any other remedies that we have, we may suspend or terminate your access to the Service if we suspect that you have engaged in fraudulent activity in connection with the Service.

4. We reserve the right, but are not obligated, to limit the availability of the Service, or products or services made available via the Service, to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

 

It is in our sole discretion to refuse or remove any content that is available via the Service.

  Purchases:

1. When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

2. The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and taxes are available on the payments page.

 

3. The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged  to your payment method.

 

4. For any undamaged product, simply return it with its included accessories and packaging along with the original receipt (or gift receipt) within 14 days of the date you receive the product, and we will exchange it or offer a refund based upon the original payment method. In addition, please note the following: (i) Products can be returned only in the country in which they were originally purchased; and (ii) the following products are not eligible for return: fresh baked and perishable products, pre-baked D.I.Y cookie  kits.

 

5.  When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us. This is not applicable for fresh baked and pre baked DIY cookie kits as we offer no warrantee on our product line of perishable goods.

 

 

6. To the maximum extent permitted by applicable law, in no event shall Innovoy Retail Pvt. Ltd. , ArtCAKEtect.com and its owners, directors, employees ,affiliates , associates and management be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the products and service.

 

7. To the maximum extent permitted by applicable law, Innovoy Retail Pvt. Ltd., ArtCAKEtect.com and its owners, directors, employees, affiliates, associates  and management assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

8.  We reserve the right to modify all product information, specifications and Terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change our Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website, application or the service.

 

 

Accuracy of Information:

 

1.  You agree to provide current, complete and accurate information in using the Services.

We may contact you using the e-mail address you provide, in order to provide you with the Service and provide you with information about the Services.

 

2. Certain personal information, including your email address, may be required to use certain features of the Services.You agree to maintain accurate, complete, and up-to-date information. Your failure to maintain accurate, complete, and up-to-date information may result in your inability to access and use the Services.

 

Privacy and User Data:

  1.You understand that any information you provide to us in using the Service may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Any personal information you provide to us in using the Service will be treated in accordance with the our Privacy Policy .

 

  2.The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Innovoy Retail Pvt. Ltd. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

 

  3.You recognise and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.

 

4. We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

 

5.  We would like to specify that all users that join a community have a public profile that is publicly visible to site visitors, and that their public activity (such as their posts or comments) will be visible to other visitors of the website. User of the website can always opt-out and exit the community, and upon doing so, such user’s profile will not be publicly visible. In such event, the user will not be able to use the community features (e.g. liking, commenting or writing posts).

 

 

Feedback and Other Submissions:

1. If you submit any ideas, suggestions, comments, proposals, plans, or other content or submissions to us, whether online, by email or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us.

 

2. We are under no obligation (1) to use or rely on any Comments; (2) to maintain any Comments in confidence (unless such comments contain personal information); (3) to pay compensation for any Comments; or (4) to respond to any Comments.

3. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other, intellectual property, personal or proprietary right. You further agree that your Comments will not contain defamatory or otherwise unlawful, abusive, hateful or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website or application.

 

4.  You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

 

Prohibited Uses:

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Service, its content, or any of the products or services available through the Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or local laws, regulations, rules, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious or destructive code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website or application, other website or application, or the Internet. We reserve the right to terminate your use of the Service or any related website or application for violating any of the prohibited uses.

 

Other Businesses:

1. We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals or the content of their websites.

 

2. Innovoy Retail Pvt. Ltd. and www.artcaketect.com does not assume any responsibility or liability for the actions, products or content of these or any other third parties. It is your responsibility to ensure that you are familiar with and approve of the terms, policies and practices on which products, services, and links are provided by the relevant third-party provider(s).

 

Disclaimer of Warranties; Limitation of Liability:

 

1.  You expressly agree that your use of, or inability to use, the Product, Service and Designs is at your sole risk, and www.artcaketect.com, the brand ArtCAKEtect and Innovoy Retail Pvt. Ltd. and its Affiliates’, officers, directors, employees, agents and licensors disclaim all warranties, express or implied, in connection with your use of and access to the Product and Service.

 

2.  The Product and Service is provided to you (except as expressly stated by us) “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

3.  We do not warrant that the Service or Product will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of the Product and Service will be accurate or reliable, or that the quality of any services, products or information, or other material purchased or obtained by you through the Service, including but not limited to the products and designs, will meet your expectations, or that any errors in the product, service or design will be corrected.

 

4. Some jurisdictions do not allow limitations on implied warranties, so this limitation may not apply to you. In no event shall www.artcaketect.com, the brand ArtCAKEtect and Innovoy Retail Pvt. Ltd.,  its Affiliates, officers, directors, employees, agents, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost opportunity, lost profits, lost revenue, lost savings, loss of data, replacement costs, loss of goodwill or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any part or parts of the Service, Products or Designs or any services or products procured using the Service, or for any other claim related in any way to your use of the Service or any services or products procured using the Service, including, but not limited to, any errors or omissions in any content or otherwise arising from your use of the Product and Service, or any loss or damage of any kind incurred as a result of the use of the Product or Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of the possibility of same. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification:

1. You agree to indemnify, defend and hold harmless the brand ArtCAKEtect, www.artcaketect.com, Innovoy Retail Pvt. ltd., its Affiliates, officers, directors, employees, agents, and licensors from any claim or demand, including reasonable attorneys’ fees, made by any third-party, due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

2. These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of India , without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in New Delhi. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

 

3. You agree to indemnify and hold Innovoy Retail Pvt. Ltd. , the brand ArtCAKEtect, artcaketect.com harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the products, services, blog contents offered on the website or arising out of any interaction with members of its online community.

 

Severability:

 

In the event that any provision of these Terms of Service is determined by a court of competent jurisdiction to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Termination:

1. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use the Service or by ceasing to use the Service or deleting the Application.

 

2. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Service at any time without notice and accordingly may deny you access to the Product, Service or any part thereof.

 

3. The obligations (including payment obligations) and liabilities incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.

 

Waiver and Entire Agreement

 

1. The failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

2. These Terms of Service and any policies or operating rules incorporated into these Terms of Service or posted by us in respect to the Service constitutes the entire agreement and understanding between you and us, and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

 

Promotional Messages and Material:

1. You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages).

 

2.  If you don't want to receive such promotional materials or notices – please just notify us at any time using the contact form on site.

 

 

The terms are effective from the date of incorporation of Innovoy Retail Pvt. Ltd. and shall be updated every time there is a material change. Questions about the Terms of Service should be sent to us at askartcaketect@gmail.com.

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