This document is an electronic record in terms of Information Technology Act, 2000 as amended from time to time and rules, regulations there under as applicable and the 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.
The domain name http://theofen.com/(hereinafter referred to as “Website” or “site”) and the application ‘ ’are owned by SWISS BAKERIE AND PATISSERIE PVT LTD’, incorporated in India under Companies Act, 1956, and having its registered office at: 8-2-608, 49, ROAD NO.10, BANJARA HILLS, Hyderabad, Telangana, 500034. (hereinafter referred to as the “SWISS BAKERIE AND PATISSERIE PVT LTD” or “http://theofen.com/” or “intermediary” or “platform” or “application” or “Us”).
Please read the following terms and conditions carefully before registering, accessing, browsing, downloading or using the Site/application. By accessing or using the Site/APPLICATION or by using the Service through the website/application you agree to be bound by these terms and conditions set forth below including any additional guidelines and future amendment &modifications. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not/should not access or use the site and immediately terminate your use of the site/application.
Your Agreement to these Terms and Conditions for buying products from http://theofen.com//is a legal contract between you any individual of at least 18 years of age or legal person who has agreed to become a user of service on the Website/platform/application by providing Registration Data while registering on the Website as Registered User using the computer systems or using the website/platform/application as Guest User and ‘SWISS BAKERIE AND PATISSERIE PVT LTD’, incorporated in India under Companies Act, 1956, and having its registered office at: 8-2-608, 49, ROAD NO.10, BANJARA HILLS, Hyderabad, Telangana, 500034
All services/products are provided by ‘http://theofen.com/’ or ‘SWISS BAKERIE AND PATISSERIE PVT LTD’through its platform and application under the brand name ‘http://theofen.com/’or ‘http://theofen.com/’. Hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of ‘http://theofen.com/’ or ‘SWISS BAKERIE AND PATISSERIE PVT LTD’. (together with its subsidiaries and other affiliates, “us”, “We” or “HTTP://THEOFEN.COM/”), regarding your use of our products/services listed in our website/application.
1. DEFINITIONS & INTERPRETATIONS–
“intermediary” means an intermediary as defined in R. 2(1)(i) of the IT (Intermediaries Guidelines) Rules, 2011 and as defined in S. 2(1)(w) of the IT Act, 2000 and in the present instant case to ‘http://theofen.com/’ or SWISS BAKERIE AND PATISSERIE PVT LTD “Platform” means the service being operated online by ‘DINESMART HOSPITALITY SERVICES PVT LTD’ in the name and style of http://theofen.com/or through mobile application ‘http://theofen.com/’; “User” shall refer to You, the purchaser/buyer of the products using the platform; “purchaser”or “customer”means a person acquiring a product by payment of a consideration through the platform; “Application” shall mean the application developed by the SWISS BAKERIE AND PATISSERIE PVT LTD and offered by the LLP/http://theofen.com//and downloaded and installed by you on your mobile device or any other compatible device; “sensitive personal data or information” shall have the same meaning as enumerated in Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011;
3.1 Use of the Website/platform/application provided by ‘SWISS BAKERIE AND PATISSERIE PVT LTD’ is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 are not eligible to use the Website/platform/application. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the http://theofen.com//or the platform and shall not transact on or use the website/platform/application. As a minor if you wish to use or transact on website/application, such use or transaction may be made by your legal guardian or parents on the website http://theofen.com/ the right to terminate your account with http://theofen.com/or its application or refuse to provide you with access to the Website/application if it is brought to the LLP’s notice or if it is discovered that you are under the age of 18 years.
3.2 You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
4. ACCOUNT with http://theofen.com/:
4.1 By using/logging into this website/application you intend to use the platform/Http://theofen.com//or products/service by DINESMART HOSPITALITY SERVICES PVT LTD and may opt for the option to create a User/Customer account or access as a Guest User. In case of User account you shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password.
4.2 For both User/customer account and Guest User You shall provide information that is true, accurate, current and complete. If http://theofen.com//have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms & Conditions of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.
4.3 The Website also allows limited access to the Products/Services for unregistered Users (also called as ‘guest users’). Such users will be able to browse the Website and place orders for purchasing goods. However, You will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.
5. TERMINATION OF http://theofen.com//ACCOUNT:
You agree that http://theofen.com/, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the Products/Services and remove and discard all or any part of your account, your user profile, or your recipient profile, at any time. http://theofen.com//may also in its sole discretion and at any time discontinue providing access to the Products/Services, or any part thereof, with or without notice. You agree that any termination of your access to the Products/Services or any account you may have or portion thereof may be effected without prior notice, and you agree that http://theofen.com//will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies http://theofen.com//may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services.
6. TRANSACTION THROUGH THE WEBSITE/APPLICATION: The Website/application is a platform that Users utilize to buy/purchase products/items listed on ‘http://theofen.com/’ which are delivered to the address of the purchaser if the same is a serviceable address. Any address provided by the user/purchaser where the platform/SWISS BAKERIE AND PATISSERIE PVT LTD have no service or where no service can be extended are communicated to the user/purchaser and in which case if any order is already placed the same is cancelled with no liability to the platform/http://theofen.com//LLP.
7. WARRANTIES AND LIABILITY:
7.1 This Website, all the materials and services (including but not limited to software) and products, included on or otherwise made available to You through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, http://theofen.com//does not warrant that: (i) This Website will be constantly available, or available at all; or (ii) The information on this Website is complete;
7.2 http://theofen.com//will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website/application. http://theofen.com//does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
7.3 Nothing on Website/application constitutes, or is meant to constitute, advice of any kind. All the products/services offered/rendered through the website are governed by different state laws and if platform/http://theofen.com//LLP is unable to deliver such services and Products due to implications of different state laws, platform/http://theofen//LLPshall return or shall give credit for the amount (if any) received in advance by the platform/http://theofen//LLPfrom the sale of such services and Products that could not be delivered to You.
7.4 You will be required to enter a valid phone number while placing an order on the Website/application. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or confirmation related updates. We will not use your personal information to initiate any promotional phone calls or SMS unless allowed by you or opted by you.
http://theofen.com/have made every effort to display the colours of our products that appear on the Website/application as accurately as possible. However, as the actual colours you see will depend on your monitor/device and other factors, http://theofen.com//LLP cannot guarantee that your monitor’s/device display of any colour will be accurate or as per the actual colour of the product.
9. QUANTITY RESTRICTIONS: We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the user/customer should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to any one as we may deem fit.
10• INDIAN UNITS:
10.1 All amounts displayed on the website, application, proposal, invoices, and in the http://theofen.com//published price list and in the http://theofen.com//Application Form are in Indian Rupees (INR).
10.2 Time is provided in Indian Standard Time (IST) as it exists presently in India.
11.1 Subject to any other specific payment terms being agreed upon in writing by Http://theofen.com//and you or through any other legally binding electronic medium between Http://theofen.com//and you, you agree payment of any and all amount(s) and associated fees in relation to the transaction(s) you or members of your organisationauthorise and/or process using the Http://theofen.com//website/application facility or any other Http://theofen.com//service or product shall be made through the Internet Banking channels available in the website/application or Cash on Delivery option wherever available.
11.2 While availing any of the payment method/s available on the website/application, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
• Lack of authorization for any transaction/s, or
• Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
• Any payment issues arising out of the transaction, or
• Decline of transaction for any other reason/s.
12• CASH ON DELIVERY:
12.1 Wherever available the Users may also opt for Cash on Delivery options and make payments as consideration for their order(s)/products placed through the platform/website/application and on receiving the product(s) at their address.
12.2 The website/application/platform/LLP does not represent to make available Cash on Delivery option for all address/PIN code in India and may extend the service only to select jurisdiction/territory/State/locality.
12.3 Cash on Delivery option shall not be available for bookings/order(s) placed from foreign countries for delivery to foreign locations i.e., for location/address outside India.
12.4 At any time http://theofen.com//LLP for any reason may cancel/modify/amend the Cash on Delivery option for a particular address/location/person/State and in which case an order placed for Cash on Delivery may be changed and online payment may be requested from the purchaser/buyer.
13. FINANCIAL DETAILS:
You/User agree, understand and confirm that the credit / debit card details or other financial details provided by you for availing of services on the Website will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned / obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank and not taken by us. We will not be liable for any credit / debit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you. We and our associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Website fraudulently. We and our associated acquiring banks or financial institutions, payment gateway reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions in accordance with applicable laws.
14• SENSITIVE PERSONAL DATA OR INFORMATION:
14.1 The sensitive personal data or information as described in the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, shall be dealt in the manner prescribed under the Rules, the parent Act and the LLP/body corporate/Http://theofen.com//shall be complying with all future laws, rules, regulations for protecting the sensitive personal data or information.
14.2 The payments done by the users/customers through http://theofen.com//are all processed through a secure server and completed through third party payment gateway provider and Http://theofen.com//does not hold, save, retain any credit card information/passwords/internet banking details and other details used by users/customers for making any payments online.
15. CANCELLATION& REFUND:
15.1 Cancellation by http://theofen.com/: There may be certain request that http://theofen.com/are unable to accept and deliver and these may need to be cancelled. Some situations that may result in your order being cancelled include, non-availability ofservice in the address/location provided by the user/customer, inaccuracies or errors in pricing information, product unavailability, or problems identified by http://theofen.com//credit and fraud avoidance department. http://theofen.com/may also require additional verifications or information before accepting any order. http://theofen.com/will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card or bank account has been charged, the said amount will be reversed back in your credit card / bank account.\
15.2 If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website/application, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.
15.3 Cancellation by User/Customer: In case of requests for order cancellations from users/customers http://theofen.com/ or the SWISS BAKERIE AND PATISSERIE PVT LTD shall always endeavor to honor the cancellation and refund the transaction amount, butHttp://theofen.com//reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if http://theofen.com/receives a cancellation notice and the order has not been processed/ approved by http://theofen.com/, http://theofen.com/shall cancel the order and refund the amount to you after deducting the online transaction charges. http://theofen.com/shall not be able to cancel orders that have already been processed or arrangement/products/goods already procured/dispatched based on the order. http://theofen.com.com/has the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by http://theofen.com/and accept http://theofen.com/decision regarding the cancellation.
15.4 You, as a Buyer/purchaser, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier or within a reasonable time. In case you do not raise a refund claim using Website/application features within the stipulated time than this would make You ineligible for a refund. Http://theofen.com//shall not be responsible for any further claim by the user/customer.
15.5 You will be responsible for the cost of returning the item to us, unless we delivered it to you in error or it is faulty/wrong. You must send the item back to us immediately on receipt of the same and no later than 7 days from the day you received the product, by following the instructions we send you or following the online instructions provided in our site.
15.6 Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received after deduction of the online transaction charges.
15.7 For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favour of the Buyer/Purchaser as per registration details provided by the Buyer/Purchaser or as per account details entered in his User account with http://theofen.com//and verified by the Http://theofen.com//team.
15.8 In case of orders placed from foreign countries i.e., from any country outside India for delivery to location outside India, the cancellation of the order shall not be accepted after payment is received and the order is processed. Wherever eligible for refund, the Http://theofen.com//coupons shall be issued equivalent to the consideration paid for the item/product which shall reflect in the User account of the customer maintained with Http://theofen.com//or in the alternative to be sent to the email id of the customer used while purchasing at http://theofen.com/.
15.9 Shipping charges if already incurred by the LLP/Http://theofen.com//shall not be refunded if the goods/product already despatched by the LLP/http://theofen.com/.Cash on Delivery option shall not be available for foreign purchases i.e., purchases made for delivery in any country other than India.
15.10 ‘http://theofen.com/’ or the ‘SWISS BAKERIE AND PATISSERIE PVT LTD’ is reliant on third parties such as banks to deliver timely Services and process refund. Since, ‘http://theofen.com/’ or the ‘SWISS BAKERIE AND PATISSERIE PVT LTD’ cannot control the actions of such third parties, ‘http://theofen.com/’ or ‘SWISS BAKERIE AND PATISSERIE PVT LTD’ will not be responsible to render Services or process payments or refunds on the following days (“Non – Working Days”): • days which are declared as holidays by the RBI, or any other day which is declared a holiday by Us. • days including Saturdays and Sundays and declared as bandhs or festivals in any State or Union Territory in India. We will continue to render Services which do not involve that particular State or Union Territory in which a bandh or festival has been declared on that day.
16• RETURN & REPLACEMENT:
16.1 Though http://theofen.com// or the SWISS BAKERIE AND PATISSERIE PVT LTD makes all effort to deliver the product in time and the right product to you but the customer/purchaser may place request for return of the product which shall be solely accepted/not accepted as per the terms and conditions and internal guidelines/policies of http://theofen.com//the LLP as decided from time to time.
16.2 In most cases the return shall either give rise to refund or replacement.
16.3 In no cases the refund/replacement request shall be processed/grantedfor fault/mistake on the part of the customer/purchaser.
16.4 Wherever the refund or replacement request has been processed and accepted, the refund or the replacement shall be done only after receiving back the goods/product by http://theofen.com//the LLP wherever applicable.
16.5 The refund/replacement request needs to be raised through contacting the http://theofen.com//team/ the LLP or through the website/application by following the appropriate link and logging into the User account.
16.6 Wherever/whenever refund/replacement request are permitted as per the above clause/terms, the same needs to be raised immediately after receiving the product by the customer/purchaser but not later than 7 days from the date of receipt of the product by the customer/purchaser.
16.7 In case http://theofen.com/ or the SWISS BAKERIE AND PATISSERIE PVT LTD doesn’t have the product at all, Http://theofen.com//shall refund to the customer/purchaser the consideration paid for the product and customer/purchaser shall be obligated to accept the refund in lieu of replacement.
16.8 After receipt of the goods/product by the SWISS BAKERIE AND PATISSERIE PVT LTD/http://theofen.com/, all request shall be processed immediately and wherever eligible for refund/replacement endeavor shall be made to complete the refund/replacement within next 7 working days after receipt back of the product by the LLP.
16.9 All shipping and other replacement charges shall be borne and incurred by the SWISS BAKERIE AND PATISSERIE PVT LTD when the refund/replacement request is arising due to fault/mistake on the part of the SWISS BAKERIE AND PATISSERIE PVT LTD/http://theofen.com/. And in all other cases the shipping charges for processing the goods/products shall be borne by the customer/purchaser.
16.10 The customer/purchaser shall never misrepresent facts or conceal facts or state facts for illegal gain and the SWISS BAKERIE AND PATISSERIE PVT LTD/http://theofen.com//reserves all right to take legal/appropriate actions wherever it is found that customer/purchaser misused the refund/replacement policy of the SWISS BAKERIE AND PATISSERIE PVT LTD/http://theofen.com//through misrepresenting facts or concealment of facts or stating facts for illegal gain.
16.11 No product(s) shall be accepted for refund/replacement in used condition. All products shall be returned to the SWISS BAKERIE AND PATISSERIE PVT LTD/http://theofen.com//in unused condition.
16.12 In case of delivery of the product to foreign address/location and return/replacement request therefrom the same shall be processed only when there is fault on the part of Http://theofen.com//and wherever eligible for replacement/refund the Http://theofen.com//coupons shall be issued equivalent to the consideration paid for the item/product which shall reflect in the User account of the customer maintained with Http://theofen.com//or in the alternative to be sent to the email id of the customer used while purchasing at http://theofen.com/.
16.13 ‘http://theofen.com/’ or the ‘SWISS BAKERIE AND PATISSERIE PVT LTD’ is reliant on third parties such as banks to deliver timely Services and process refund. Since, ‘http://theofen.com/’ or the ‘LLP’ cannot control the actions of such third parties, ‘http://theofen.com/’ or ‘SWISS BAKERIE AND PATISSERIE PVT LTD’shall not be responsible to render Services or process payments or refunds on the following days (“Non – Working Days”): • days which are declared as holidays by the RBI, or any other day which is declared a holiday by Us. • days including Saturdays and Sundays and declared as bandhs or festivals in any State or Union Territory in India. We will continue to render Services which do not involve that particular State or Union Territory in which a bandh or festival has been declared on that day.
All content included in or made available through any http://theofen.com/Product/Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of http://theofen.com//or its content suppliers and protected by the Indian copyright laws. The compilation of all content included in or made available through any Http://theofen.com//Service is the exclusive property of ‘http://theofen.com/’ or the ‘SWISS BAKERIE AND PATISSERIE PVT LTD’ and protected by Indian copyright laws.
18• INTELLECTUAL PROPERTY RIGHTS:
We or http://theofen.com//or the ‘SWISS BAKERIE AND PATISSERIE PVT LTD’, or our licensors, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights (“IP Rights”), in and to the Site/application, the Platform, the Usage Data. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the Site, the Platform or any of the IP Rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the Platform or use the Platform or Site to create a competing product. http://theofen.com//is owned by DINESMART HOSPITALITY SERVICES PVT LTD.Unauthorized use is strictly prohibited. All rights are expressly reserved to http://theofen.com//or the ‘SWISS BAKERIE AND PATISSERIE PVT LTD’.
19• LIMITATION OF LIABILITY:
19.1 ‘SWISS BAKERIE AND PATISSERIE PVT LTD’ or ‘http://theofen.com/’ shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, even if SWISS BAKERIE AND PATISSERIE PVT LTD or http://theofen.com//has been advised of the possibility of such damages. The ‘SWISS BAKERIE AND PATISSERIE PVT LTD’or http://theofen.com//shall not be liable for any damages, liability or losses to you or any third party arising out of: (i) use of or reliance on the services/platform/application of the SWISS BAKERIE AND PATISSERIE PVT LTD or “http://theofen.com/” or inability to access or use the services/platform/application of the SWISS BAKERIE AND PATISSERIE PVT LTD; or (ii) any transaction or relationship between the SWISS BAKERIE AND PATISSERIE PVT LTD and you or any third parties, even if the ‘SWISS BAKERIE AND PATISSERIE PVT LTD’ or http://theofen.com//has been advised of the possibility of such damages. The SWISS BAKERIE AND PATISSERIE PVT LTD or http://theofen.com//shall not be liable for delay or failure in performance resulting from causes beyond the SWISS BAKERIE AND PATISSERIE PVT LTD or http://theofen.com//reasonable control.
19.2 Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, the aggregate liability of the Platform/SWISS BAKERIE AND PATISSERIE PVT LTD/http://theofen.com//shall in no event exceed the equivalent of the amount received by the platform/SWISS BAKERIE AND PATISSERIE PVT LTD/http://theofen.com//out of the total payments made for the service/products.
20. EXTENT OF ACCESS& LICENSE:
Subject to your compliance with these Terms & Conditions of Use and your payment of any applicable fees, http://theofen.com//or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the ‘http://theofen.com/’or the ‘SWISS BAKERIE AND PATISSERIE PVT LTD’ Services. This license does not include any resale or commercial use of any http://theofen.com//Service/products, or its contents; any collection and use of any service/product listings, descriptions, or prices; any derivative use of any SWISS BAKERIE AND PATISSERIE PVT LTD Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms & Conditions of Use or any other Terms are reserved and retained by ‘LLP’ or its licensors, service providers, suppliers, publishers, rightsholders, or other content providers. No Service/product, nor any part of any http://theofen.com//Service/product, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of http://theofen.com//or the SWISS BAKERIE AND PATISSERIE PVT LTD. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of http://theofen.com//without express written consent. You may not use any meta tags or any other “hidden text” utilizing http://theofen.com/or the SWISS BAKERIE AND PATISSERIE PVT LTDname or trademarks without the express written consent of the SWISS BAKERIE AND PATISSERIE PVT LTD. You may not misuse the http://theofen.com//or SWISS BAKERIE AND PATISSERIE PVT LTD Services/products. You may use the Services/productslisted in the website/application only as permitted by law. The licenses granted by http://theofen.com//or the SWISS BAKERIE AND PATISSERIE PVT LTDterminate if you do not comply with these Terms & Conditions of Use or any related Service Terms.
21• USER REVIEWS AND COMMENTS:
Users may post reviews, comments, photos, videos, and other content; or any other form of feedback/communication; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to the http://theofen.com//or any third parties or any user or objectionable, and does not consist of or contain SWISS BAKERIE AND PATISSERIE PVT LTDare viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a particular communication or other content. http://theofen.com//or the SWISS BAKERIE AND PATISSERIE PVT LTD reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
22.1 The User of the platform/website/application agrees that http://theofen.com//is not liable for any direct, indirect, incidental or consequential loss or damage by reasons not within the control of the platform/SWISS BAKERIE AND PATISSERIE PVT LTD and that may occur through the use of your site, and the user/customer agrees to indemnify http://theofen.com/and hold harmlesshttp://theofen.com//or the ‘SWISS BAKERIE AND PATISSERIE PVT LTD’, its subsidiaries, affiliates and their respective officers, partners, directors, agents and employees, from any claim or demand, or actions including reasonable lawyer fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms &Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
22.2 You hereby expressly release the ‘SWISS BAKERIE AND PATISSERIE PVT LTD’and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
http://theofen.com//reserves the right, at its sole discretion, to revise, add, or delete portions of these terms and conditions any time without further notice. You shall re-visit the “Terms & Conditions” link from time to time to stay abreast of any changes that the website/application/LLPmay introduce.
24• RIGHTS TO THE SWISS BAKERIE AND PATISSERIE PVT LTD:
If you do post content or submit material, and unless we indicate otherwise, you grant http://theofen.com//or the SWISS BAKERIE AND PATISSERIE PVT LTD a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant http://theofen.com//or the SWISS BAKERIE AND PATISSERIE PVT LTD and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify http://theofen.com//or the SWISS BAKERIE AND PATISSERIE PVT LTD for all claims resulting from content you supply. http://theofen.com//or the SWISS BAKERIE AND PATISSERIE PVT LTD has the right but not the obligation to monitor and edit or remove any activity or content. http://theofen.com//takes no responsibility and assumes no liability for any content posted by you or any third party.
25• FORCE MAJURE CIRCUMSTANCES:
25.1 The user agrees that there can be exceptional circumstances where the “SWISS BAKERIE AND PATISSERIE PVT LTD”or “http://theofen.com/”may be unable to honor the confirmed orders due to various reasons like climatic conditions, labor unrest, insolvency, business exigencies, government decisions, operational and technical issues, etc. If http://theofen.com//is informed in advance of such situations where dishonor of orders may happen, it will make its best efforts to intimate the users/customers about the same or refund the order booking amount after reasonable service charges.
25.2 http://theofen.com//shall not be liable for delays or inabilities in performance or non-performance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at logistics, shipping, rails, or transporters end. In such event, the user affected will be promptly given notice as the situation permits.
25.3 Without prejudice to whatever is stated above, the maximum liability on part of http://theofen.com//arising under any circumstances, in respect of any products sold through the portal/platform, shall be limited to the refund of total amount received from the customer/user for availing the product less any incidental expenses incurred for processing the order, as may be applicable. In no case the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by http://theofen.com//for its products/services.
26. DISPUTES & GOVERNING LAWS:
26.1 In case of any dispute between the parties, either party may notify the other in writing of the substance of the complaint, and the dispute shall first be referred to mediation and efforts shall be made for amicable settlement of the matter by the parties.
26.2 This agreement shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto if not settled by mediation shall be subject to the exclusive jurisdiction of the courts at Bangalore, Karnataka, India.
The failure of http://theofen.com//or the ‘SWISS BAKERIE AND PATISSERIE PVT LTD’ to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by http://theofen.com//or the ‘SWISS BAKERIE AND PATISSERIE PVT LTD’.
Any and all notices, demands, or other communications required or desired to be given hereunder by any party shall be in writing and shall be validly given or made to another party if personally served. If such notice or demand is served personally or through email from the registered email id, notice shall be deemed constructively made at the time of such personal service. If such notice, demand or other communication is given by postal mail, such notice shall be conclusively given 15 days after deposit thereof in India and from India to the party to whom such notice, demand or other communication is to be given.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the agreement and its clause contained herein or any other section in any manner whatsoever.
30. RESPONSIBLE DISCLOSURE:
At http://theofen.com/, we take the security of our systems seriously, and it is our constant endeavor to make our website/application a safe place for our users/customers to browse. However, in the rare case when some security researcher or member of the general public identifies a vulnerability in our systems, and responsibly shares the details of it with us, we appreciate their contribution, work closely with them to address such issues with urgency, and if they want, publicly acknowledge their contribution.
31. ENTIRE AGREEMENT:
If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect. Unless otherwise specified herein, this User Agreement constitutes the entire agreement between you and us with respect to the Websites/services/products and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Websites/services/products. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
For any clarification the users/customers may feel free to write us at firstname.lastname@example.org