Terms & Conditions
Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions (“Terms”).
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended 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.
a)Candy Petal (“Website”) is an Internet based content and e-commerce portal licensed by Candy Petal a company incorporated under the laws of India.
b)Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. Candy Petal at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof
2. User Account, Password, and Security:
You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Candy Petal of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Candy Petal cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2
3. Membership Eligibility:
Use of the Website 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 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Candy Petal website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Candy Petal reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Candy Petal notice or if it is discovered that you are under the age of 18 years.
4. Platform for Transaction and Communication:
The Website is a platform that Users utilize to meet and interact with one another for their transactions. Candy Petal is control in any manner any transaction between the Website’s Users.
Disclaimer: Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by our team may be incorrectly reflected and in such an event team may cancel such your order(s).
You release and indemnify Candy Petal and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Candy Petal cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
Please note that there could be risks in dealing with underage persons or people acting under false pretense.
5. Services Offered:
a)Candy Petal provides a number of Internet-based services through the Web Site (all such services, collectively, the “Service”).
b)Cakes Decoration, Flower arrangements shown here are indicative. We do our best to give better result than shown. It may be possible that actual arrangement varies due to availability of flowers and other reasons beyond our control.
c) If ordered flowers/cake/sweets are not available in the respective city or town, we shall deliver available best quality flowers/cake/sweets of equal value according to our substitution policy.
d) In case of flowers, cakes, sweets (all being perishable items) if the receiver or any representative is not available at the time of delivery, we shall take the order as delivered. However we always try to take an appointment over phone before delivery.
e) Delivery of certain items may not be possible under certain uncontrollable circumstances. However, you always have a right to get 100% refund of your money.
f) No claim of whatsoever nature under any circumstances will be tenable other than the claim for 100% refund of payment made. All such claims if any, are to be raised within 72 working hours of delivery /non delivery.
g) The owners of the site retain the right to refuse any order unconditionally.
All claims are subject to the jurisdiction of local Guntur Court only in India.
6. Return and Refund Policy:
Cancellations are not accepted if any order is placed postdated it can be cancelled 24hours before the actual delivery time and will be refunded after deduction of 10% of the order amount within 72 working hours.
Kindly refer point 5. (d), (e), (f).
Also check the first point in (Delivery information).
8. Limited User: Return and:
The User agrees and undertakes not to reverse engineer, modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Candy Petal name is stated as the source and prior written permission of Candy Petal is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted
9. User Conduct and Rules:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
b) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
c) upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; you own or control the rights thereto or have received all necessary consents;
d) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
e) Conduct or forward surveys, contests, pyramid schemes or chain letters;
f) download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
g) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
h) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
i) Violate any applicable laws or regulations for the time being in force in or outside India; and
j) Violate, abuse, unethically manipulate or exploit any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere.
10. Intellectual Property Rights:
a) Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Candy Petal owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Candy Petal without obtaining authorization from Candy Petal.
b) Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
11. Links to Third Party Sites:
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Candy Petal or the Website and Candy Petal is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Candy Petal is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Candy Petal is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Candy Petal or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such inforation.