Terms of service

1. General

In terms of the Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.kesarsweetesjaipur.com

This Website by the URL www.kesarsweetesjaipur.com is owned and operated by The Divine Taste Pvt. Ltd. (hereafter referred to as, the “Company”), a company incorporated under The Companies Act, 2013 with its registered office at 21 SMS Colony Amar Garden Maharani Farms, Durgapura, Jaipur, Rajasthan- 302020

Your use of the website and any products, software, data feeds and services, provided to you on or from or through the Website ("Services") is subject to the terms of a legal agreement between you and the Website.

The expressions “You”, “Your” or “User”, whenever the context so requires, for the purposes of these Terms of Use, shall mean any natural or legal person who may create by registration, membership account on this Website or agree to avail Our Services through this Website, or otherwise access our Website.

The expressions “We”, “Us”, “Our”, “Website” shall mean the Company or its affiliates or agents.

These terms and conditions (“Terms of Use”) apply to Your use of this Website. By accessing or otherwise using the site You agree to be bound by these Terms of Use. Any accounts You may create by registration on this Website and/or information/offers available through this Website are governed by these Terms of Use. We reserve the sole discretion of updating these Terms of Use from time to time without prior notice. Your continued use of the Website post any update to these Terms of Use would mean acceptance on Your part to the amendments made herein

2. Privacy Guidelines

For the purposes of registration You will be required to choose a password and You shall provide accurate information while creating your account on Our Website. You are responsible for maintaining the confidentiality of your password. We reserve all rights to access, share, communicate, convey, and disseminate some or all of the customer specific information with the merchants and/or service providers affiliated with the Company in connection with the Use of the Services as mentioned on the website (hereinafter referred to as the “Merchant”) to the extent it is permissible under the applicable laws in India, in order to provide better Services to the Users. We store and protect your personal information including sensitive financial information, if collected, by employing adequate and reasonable security measures in accordance with Information Technology Act, 2000 and the Rules thereunder.

3. Security

Such information shall be treated as confidential and in accordance with the requirements as agreed upon. We are concerned about safeguarding the confidentiality of your information. We provide electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees who need to know that information in order to operate, develop or improve our Services. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

4. Restrictions on Use

Once You place an order, You thus agree to abide by the following terms and conditions:

  1. is illegal, threatening, abusive, invasive of any person’s privacy, harassing, defamatory, libelous, false, deceptive, fraudulent, misleading, untruthful, tortuous, obscene, offensive, pornographic, or otherwise inappropriate, as We may determine in Our sole discretion;
  2. violates any right of publicity, or other right of any person or entity, or any law or contractual obligation;
  3. infringes any patent, copyright, trademark or other intellectual property rights of any person or entity;
  4. constitutes unauthorized or unsolicited advertising;
  5. involves commercial activity not expressly permitted by Us;
  6. contains any harmful or malicious computer codes, files or programs that are designed or intended to damage, disrupt, interfere with, or limit, the proper functioning of any software or hardware, or that enables to obtain unauthorized access to any system, data or other information;
  7. disrupts, interferes with or restricts the use of our site by other Users;
  8. reverse engineers, decompiles, copy or adapts any software or other code or scripts forming part of our Website;
  9. changes, modifies, deletes, interferes with or misuses data contained on our site and entered by or relating to any third-party user of our Website.

5. Terms of Sale

As a condition of use, You agree to use the Services solely for lawful purposes and not to use the Services for any purpose that is prohibited by these Terms of Use. You are solely responsible for all of Your activity in connection with the Services. Without derogating from Your responsibility under any applicable law, and solely by way of example, You shall not (and shall not permit any third party to) either (a) take any action or (b) download, upload, submit, post, or otherwise distribute or facilitate distribution of any Content that:

  1. All the orders placed with Us are subject to availability of the desired product. Additionally, in the event that a non-delivery occurs on account of a mistake by You (i.e. wrong name or address or any other wrong information) any extra cost incurred by the Company for redelivery shall be claimed from you.
  2. Once an order is placed, an acknowledgement e-mail stating the confirmation of Your order will be received by You. Please note that this acknowledgement does not mean the acceptance of Your order. Your order is only accepted once the payment is received from Your credit/debit card/account
  3. We make our best efforts to ensure that the product descriptions and set prices are accurate. However, error may occur. If it is discovered by Us that the mentioned price at which You placed the order is incorrect, You will be informed by us at the earliest. You will be given the following two options –
    1. You can reconfirm your order at the corrected new price
    2. If You do not wish to make the purchase any longer, You can cancel Your order.
  4. Free delivery may be subjected to minimum order value as per the Shipping Policy;
  5. In case we are unable to contact You regarding the price change, Your order will be considered as cancelled, and the debited amount will be refunded back to your respective account.
  6. We offer You promotional discount codes that are applicable on the purchases made on this website. These discount codes can be applicable on all or certain specified products. Please note that use of only one discount code is permissible per order. You cannot use a discount code if an order is already placed.
  7. As a condition of purchase, the Site requires Your permission to send You administrative and promotional emails/calls. We will send You information regarding your account activity and purchases, as well as updates about our products and promotional offers. We shall have no responsibility in any manner whatsoever regarding any promotional emails/calls/SMS/MMS sent to You. The offers made in those promotional emails/calls/SMS/MMS shall be subject to change at the sole discretion of the Company and the Company owes no responsibility to provide You any information regarding such change.
  8. By placing an order, You make an offer to Us to purchase products You have selected based on standard Site restrictions, Merchant specific restrictions, and on the terms and conditions stated below.
  9. You are required to create an account in order to purchase any product from the Site. This is required so we can provide You with easy access to print Your orders and view Your past purchases.
  10. The Site takes no responsibility for the services or products that are sold or supplied by third party vendors. The Company makes no warranty to their end users for the quality, safety, usability, or other aspect of a product or service that is supplied by a Merchant, and for those activities, the Company takes no responsibility for the service or activity being offered, and the User takes responsibility for his or her own actions in utilizing those services.
  11. We strive to provide You with the best prices possible on products and/or services You buy from the Website. Prices and availability are subject to change without any prior notice. The prices mentioned on the Site are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or offline sale. The pricing is subject to Our pricing policy and the prices shall be determined only at Our sole discretion.
  12. While We strives to provide accurate product and pricing information, typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, We may, at Our discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. We will have the right to modify the price of the product and contact You for further instructions using the e-mail address or telephone number provided by You during the time of registration, or cancel the order and notify You of such cancellation
  13. By using this Site, the User agrees to comply with all of the T&C hereof. The right to use the Site is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of their password(s), if any. The User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the internet. While it is the Company's objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the Site may be interrupted, suspended or terminated from time to time. The Company shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Company may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

 

6. Intellectual Property Rights

This Website is owned by the Company and all rights to, title and interest in the Content available on/ via the Website, the Website’s look and feel, the designs, trademarks, service marks, and trade names displayed on the Website, and the Website URLs, are the property of the Company or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.

The Website and the Content are protected by copyright laws, and belong to Us or its partners, affiliates or contributors. The copyrights in the Content are owned by Us or other copyright owners who have authorized their use on the Website. You may not manipulate or alter the images or other Content on the Website in any way.

7. Indemnity

You agree to indemnify, defend and hold harmless the Company and its affiliates, agents, employees, directors, officers, agents, merchants from and against any liability, losses, claims, damages, demands, investigations, inquiries, suits, costs and expenses (including legal fee and costs incidental thereto) asserted against or incurred by the Company that arise out of or otherwise relating to Your use of the Website, including without limitation any obligation to be performed by You pursuant to these Terms of Use. Further, you agree to hold Us harmless against any claims made by any third party due to, or arising out of or otherwise relating to your use of the Website, any claim arising out of damage caused to third party by You, breach of these Terms of Use by You, or your violation of any rights of another, including any intellectual property rights

Notwithstanding anything to the contrary, Our entire liability towards You under these Terms of Use or otherwise shall only be in connection with refund of the money charged from You for any particular product or service, under which the unlikely liability arises.

8. Limitation of Liability

The Website and its affiliates assume no responsibility for any consequence relating directly or indirectly to any action or inaction taken based on the Content available on the Website. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You specifically acknowledge that the Werbsite and its affiliates are not liable for any defamatory, offensive or illegal conduct by the User or other registered Users /merchant or any third party.

Additionally, in no event the Website will or its affiliates be liable for any special, indirect, incidental, punitive, or consequential damages, including, without limitation, any loss of use, loss of profits, loss of data, cost of procurement of substitute products or services, or any other such damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from the use of, or the inability to use the Website or its Content; the cost of procurement of substitute services, provided by the Website; unauthorized access to or alteration of your transmissions or data; the statement or conduct of any third party on the Website; or any other matter relating to the Website. These limitations will apply whether or not the Website has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.

9. Applicable Law

This Terms of Use and the resolution of any dispute related to this Terms of Use or the Website shall be governed by and construed in accordance with the laws of India. Any dispute or difference either in interpretation or otherwise, of any terms of this Terms of Use between the parties hereto, the same shall be referred to an independent arbitrator who shall be mutually appointed by the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. These arbitration proceedings shall be conducted in English and shall be held in Jaipur.

10. Waiver

Any failure on our part to exercise any provision or right under these Terms of Use, shall not constitute a waiver by Us of that provision or right