Terms & Conditions

THE USE OF THE WEBSITE BY THE USER SHALL MEAN THAT HE/SHE AGREES WITH THE FOLLOWING TERMS OF SERVICE

Cakeplusgift.com provides its users an online store by use of its on demand e-commerce software. CakePlusGift is a website designed and developed by Freelancer. While using the facilities or services provided by the “Site” or through any other website connected/ linked through this “Site”, you shall be bound by these Terms of Service (herein after referred to as the “Agreement”) as specified herein.

Before using the services rendered by CakePlusGift through this website, you are requested to read and understand the Terms of Service specified herein. You accept and understand that CakePlusGift shall have the absolute right to amend these terms at any point of time unilaterally with or without any notice. You are required to read and understand the existing Terms of Service every time before using the services offered by CakePlusGift.

Lack of knowledge related to any Terms or the amendments effected to the Terms from time to time may not absolve you from any of your liabilities under the Terms of Service. CakePlusGift expects you to further read and understand the Privacy Policy and the Intellectual Property Policy which would be treated as a part of this Agreement before using the services so offered by us. You shall be equally bound by the stipulations therein once you agree to the Terms of Service with CakePlusGift.

This “Agreement” governs your use of the “Site” and any services made available to you by us or through the site (the “Services”).For purposes of this Agreement, the term “You” or “Your” shall refer to the “User(Store Owner)” or the “End User (Customer of the Store)” and the term “We” or “Our” shall refer to “CakePlusGift”. If you are using the site or Services on behalf of your company (or another entity), then “You” means your company (or such other entity), its officers, members, agents, successors and assigns.

Conditions of Services

  • You are required to provide accurate and correct personal information while registering to use the services rendered by CakePlusGift and you agree to keep it up-to-date.
  • We have the right to verify the information provided by you in reasonable circumstances if required.

Protection of Personal Information

  • All aspects related to the collection of personal information from you, at the time of registering with Cake Plus Gift, shall be according to the “Privacy Policy” of CakePlusGift which shall be read as a part of this agreement.
  • CakePlusGift respects your privacy and assures you that the information collected from you will be used only to provide you our services.
  • Such personal information shall not be made available to any third party.

Proprietary Notices and Intellectual Property

  • All aspects related to the intellectual property associated with the site are governed by the “Intellectual Property Policy” of CakePlusGift which shall be read as a part of this agreement.
  • The site and all the content so presented on the site (including but is not limited to acoustic, photographs, illustrations, graphics, video and software) code, data, works of authorship and materials thereon, the look and feel, blueprint and the manner in which material is arranged on the site (herein after referred to as the “Content”) are protected by Indian copyright, trademark and other laws.
  • CakePlusGift and its licensors own, sole and exclusive rights to title and interest in and to the site, the content, including, but not limited to, all intellectual property and proprietary rights therein. Your use of the site and/or the content does not grant to you any ownership of any content to which you may have access on the site.
  • The trademarks, logos, service marks and trade names (herein after referred to as the “Trademarks”) displayed on the site or in connection with the content made available through the site are registered and unregistered Trademarks of CakePlusGift and its licensors and may not be used except with the express written permission of the respective Trademark owner.
  • Nothing contained on the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site without the written permission of CakePlusGift or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the site or on or through any of the site’s services is strictly prohibited.
  • All intellectual property rights in the Service are, and shall remain, the property of CakePlusGift or its licensor (as applicable). All rights not expressly granted to you in this agreement are here by expressly reserved and retained by CakePlusGift and its licensors (as applicable).

Without Limiting The Generality Of The Foregoing, You Shall Not (And Shall Not Allow Any Third Party To):

  • Use the service outside of the scope of the limited license herein granted, including but not limited to use for the sole purpose of obtaining a competitive advantage against Cake Plus Gift.
  • Sublicense, distribute, copy, modify, adapt, translate, or prepare derivative works from, to the service. Register, attempt to register, or assist anyone else to register any trademark, trade name, service marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with CakePlusGift (or any of its affiliates or licensors).
  • Reverse engineer, disassemble, or decompile any software or otherwise attempt to discover any source code or trade secrets related to the Service, in any manner, except as permitted by applicable law.
  • Remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the service.
  • We grant you a limited, revocable, nonexclusive, non-transferable, personal license to have an access to the content for personal, non-commercial use only, subject to and conditioned on your continued compliance with the terms specified herein.
  • This license is granted solely to allow you to visit the site and to use the services as permitted by this agreement. You agree not to remove, alter or obscure any proprietary notices provided in or with the content.

Terms of User Account

End Users

End Users while browsing through the site can view products and information, request information and engage in certain services on the site.

Users agree to the following terms and conditions:

  • You expressly agree that any submissions by you will automatically be treated as non-confidential and non-proprietary and will become the sole property of CakePlusGift without any compensation or credit to you whatsoever.
  • CakePlusGift and its affiliates may use the ideas contained in such submissions or posts for any purpose in any medium which includes but is not limited to, developing, manufacturing and marketing products and services using such ideas.
  • You may not use CakePlusGift service(s) for any illegal or unauthorized purpose which includes but is not limited to the acts specified in Clause on “Prohibited Uses” of this agreement.

Prohibited Usage

The site and the services are to be used only for lawful purposes. The site must not be used to post, store, distribute, display or present any information, software, data, file or material in violation of any applicable law or regulation.

You are not to use the site or the services for the following:

  • You may not use CakePlusGift service(s) for any illegal or unauthorized purpose which includes but is not limited to the acts specified in Clause on “Prohibited Uses” of this agreement.
  • Promote or convey provocative or prohibited contents which is illegal and harmful and that induces a conduct which is unlawful, defamatory, obscene, racial, offensive, pornographic or culturally offensive or otherwise reasonably and is likely to generate such conduct.
  • Posting any pornographic content or pictures, engage in transmitting child pornographic materials or activities harmful to children.
  • Provide any false, misleading or inaccurate information.
  • Indulge in identity theft, unauthorized advertising using CakePlusGift account.
  • Upload or transmit any similar applications including viruses, worms or other malicious code or programs designed to harm other computers or telecommunication devices.
  • Infringe anyone’s intellectual property rights, including copyrights, trademarks, patents and trade secrets. Infringe anyone’s privacy or publicity rights, which include but are not limited to impersonating another person or entity or posting images of someone without their permission.
  • Engage in activities which include but are not limited to hacking other computers or servers, including our’s. or violate any requirements, procedures, policies or rules of networks related to the system. Engage in any unlawful activity using credit cards.
  • Falsely express or imply that CakePlusGift sponsors, endorses or is otherwise associated with you or your content.
  • Interfere or attempt to evade or disable the site or services, the proper working, the security features or the equipment connected to the site or the services.
  • Entail an excessively large load on the infrastructure of the site or our systems or networks.
  • Restrict or restrain any other person from using the site or the services. Indulge in criminal or terrorist activity against any nation or society or cause any threat or harassment to any person or public as a whole.
  • Engage in any activity that restricts or inhibits any other CakePlusGift account holder from using or enjoying the Service.
  • Violate this agreement or encourage or assist anyone else to violate this agreement.

Disclosure of Information

The terms of “Privacy Policy” which deals with disclosure of information has been incorporated by reference to this agreement. You are requested to kindly refer to the “Privacy Policy” to understand the circumstances when CakePlusGift would disclose your personal information.

CakePlusGift assures you that we will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this agreement.

CakePlusGift will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorized access or disclosure or use, or alteration or destruction, of that information. However, CakePlusGift will have no liability to you or any third party provided that such reasonable precautions are taken.

Administrative Access

  • CakePlusGift will have access to your accounts for administrative reasons.
  • CakePlusGift expressly states that you must not commit any illegal or prohibited acts as specified in Clause on “Prohibited Uses” of this Agreement through our site.
  • If you are found to be abusing our services for any illegal purposes, CakePlusGift reserves the right to disconnect your account and ban you from further use of our services.

Reserved Rights

CakePlusGift reserves the following rights:

  • To suspend or terminate the account of anyone who violates this Agreement.
  • To change or alter the site, the form and nature of the site or any services provided through the site, including requiring payment for some or all uses of the site, at any time.
  • To review, modify, filter, disable, delete and remove any and all content and information from the site.
  • To update and download automatically any software provided on or through the site.
  • To cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that we disclose information or content or information that you provide, or if we decide that such disclosure is in our or its customer’s best interests.
  • To display advertising and promotions, which may be targeted to certain users or sections of the site based upon queries made or preferences indicated, and may not be identified as paid advertisements or promotions.

Term

This Agreement Is Valid From the Date You:

  • User (Store Owner) subscribes to this site till the time when you decide to stop using the services offered by the site.
  • End User (Customer of the Store) subscribes to any of the goods or services offered by the users (Store Owners) through our site till the time you decide to stop using such services.

 End Users Account

CakePlusGift Can Suspend, Cancel or Terminate the Account of the End User of Any Store:

Without limiting its other remedies, CakePlusGift may immediately issue a warning, temporarily suspend, indefinitely suspend or immediately terminate this agreement and your access to the store(s) if you fail to comply with any terms specified herein. CakePlusGift may take such actions without providing you prior notice and at its sole discretion.

CakePlusGift reserves the right, in its sole and exclusive discretion, to suspend or terminate Services to you upon receipt of any third party complaint that you have engaged in any activity that violates this Agreement, which may otherwise subject CakePlusGift to liability for any reason, or that may cause CakePlusGift to incur legal fees or other expenses. Upon termination, those provisions of this agreement that expressly or by their nature survive will continue in full force and effect.

Your Representations and Warranties

By using the Site, the Services or the Content you represent and warrant that:

  • You understand and agree that this agreement is a legally binding agreement and the equivalent of a signed, written contract.
  • You will use the site and the services in a manner consistent with all laws and regulations and in accordance with the terms and conditions of this agreement.
  • You are authorized to sign for and bind the person or entity using the site or the services.
  • You will provide only true, accurate, complete and current information to CakePlusGift.
  • You will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false headers, or otherwise conceal your identity from CakePlusGift or in any material that you post or submit on the site for any purpose.

Assignment

You may not assign this agreement or any part of this agreement without the express written consent of CakePlusGift. Any purported or attempted assignment or other transfer or delegation in violation of this agreement shall be null and void. You agree that CakePlusGift may assign this agreement or any part of this agreement at any time and for any reason without your consent.

 Modification

CakePlusGift has sole and complete authority to modify and amend the Terms of Service with or without any notice to you in this regard.

Incorporation of Policies

Intellectual Property Policy and the Privacy Policy referred to in this Agreement constitute an integral part of this agreement and are incorporated herein by this reference.

Governing Law & Jurisdiction

This agreement and its interpretation here under and all suits and special proceedings here under shall be construed in accordance with the applicable Hyderabad, Indian laws and any dispute arising shall be governed by the same. The District Courts in Hyderabad, Telangana, India shall have jurisdiction to try and decide any matter arising out of and related to this agreement. The parties unconditionally submit to the jurisdiction of Hyderabad District, Telangana, India, for settlement of any dispute or enforcement if any right under this agreement.