Website
These Terms of Use apply to all users of the Website. The Website may include content, information or links to third parties or third party websites. fondantcake.co.in does not regularly review materials posted, or products or services offered, on the Website by such third parties and does not necessarily endorse all of the materials, products, and services available on such third party websites. By accepting these Terms of Use you agree to hold harmless and relieve fondantcake.co.in and its affiliates from any liability whatsoever arising from your use of information from a third party or your use of any third-party website and you agree and acknowledge that viewing and usage of the contents of any such third party website is solely made at your own risk.
fondantcake.co.in recommends that before you disclose any personal information to a third party, you should first read and accept the third party's privacy policy and Terms of Use of use (if applicable) of their website.
Access to Website
fondantcake.co.in hereby provides its conditional permission for you to access the Website in accordance with these Terms of Use provided that you use the Website on your continued and absolute compliance with these Terms of Use. You shall not rent, transfer, assign, commercially exploit, resell or sublicense access to the service/products available on the Website to any third-party. You may only use this Website solely for (1) your personal, non-commercial use (2) you may download a single copy of the materials from the Website only for your personal, non-commercial home use. You agree not to use or launch, or cause to be used or launched, any automated/computerized/analog/hybrid system or program in connection with the Website or online ordering, including without limitation, publishing or distributing vouchers or codes, robots, spiders, offline readers, place pop-up windows over its pages, or otherwise affect the display of its pages and anything of similar nature. Notwithstanding the foregoing, fondantcake.co.in grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. fondantcake.co.in reserves the right to revoke these exceptions either generally or in specific cases at any time.
You agree not to collect or harvest any personally identifiable information from the Website or use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit for any reason whatsoever any users of the Website with respect to their Submissions to the Website.
Except as expressly provided herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, deep link, or otherwise use any information or material obtained from or through this Website without the prior written permission of the material's owner.
We always try to provide you uninterrupted access to the website of Ferns N Petals and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
User
www.fondantcake.co.in.com can be used by a person who can be legally bound to contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use fondantcake.co.in.com only with the involvement of a parent or guardian.
Intellectual Property Rights
The Website contains many valuable intellectual property including but not limited to trademarks and copyrights used by fondantcake.co.in and its subsidiaries namely Bookmyflowers.com, affiliates and related entities throughout the world. These trademarks are used to distinguish fondantcake.co.in?s quality products and services. These trademarks and related proprietary property are protected from reproduction and simulation under national and international laws and are not to be copied without the prior express written permission of fondantcake.co.in.
The text, graphics and Website?s html code (including flash files, java script etc.) contained in the Website are the exclusive property of fondantcake.co.in, its affiliates or related entities. Except where otherwise provided, the text, graphics and html code contained here shall not be copied, distributed, displayed, reproduced, adopted or transmitted in any form or by any means without the prior express written permission of fondantcake.co.in.
The Website may contain links to websites not maintained by or related to fondantcake.co.in. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with this website or fondantcake.co.in. fondantcake.co.in has not reviewed the websites hyper-linked to or from this website and is not responsible for the content of any other website. These links are to be accessed at the user's own risk and in accordance with the Website?s usage policy. fondantcake.co.in makes no representations or warranties about the content, completeness, or accuracy of these links or the websites hyper-linked to the Website. Furthermore, fondantcake.co.in does not implicitly endorse third-party websites hyper-linked to the Website.
The intellectual property on the Website, except all User Submissions (as defined hereinafter), including but not limited to the text, software, scripts, graphics, photos, logos, images, concepts, sounds, music, videos, interactive features and anything else capable of being copyrightable under the Applicable Law (Content) and the trademarks, service marks and logos contained therein (Trademarks), are owned by/licensed to fondantcake.co.in, subject to copyright and other intellectual property rights under the Applicable Laws and international conventions. Content on the Website is provided to you as is for your information and personal use only and shall not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of fondantcake.co.in or the respective owners, as the case may be. fondantcake.co.in reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. The contents of the Website are Copyright (c) 2005 fondantcake.co.in All rights reserved.
Your Account
If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. fondantcake.co.in reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Disclaimers, Limitations and Exclusions of Liability
While fondantcake.co.in endeavours to provide the most accurate, up-to-date material available, the information, materials, products, and services available on this site may include inaccuracies, typographical errors, or outdated information. Moreover, fondantcake.co.in may make modifications or changes to the website or the information, materials, products, and services described in the website at any time. fondantcake.co.in is not responsible for any typographical or pricing errors on the website; fondantcake.co.in reserves the right to refuse or cancel orders at any time, including but not limited to orders that contain incorrect prices or product descriptions, orders in which fondantcake.co.in believes the customer has violated applicable law, and orders that fondantcake.co.in believes are harmful to fondantcake.co.in or its affiliates. fondantcake.co.in also reserves the right to limit the number of items purchased or orders placed through this website.
You assume the sole risk of making use or relying on the information, materials, products, and services available on this website. fondantcake.co.in makes no representations about the suitability, completeness, timeliness, reliability, legality in your jurisdiction, or accuracy of the information, materials, products, and services described or contained in this website for any purpose. To the fullest extent permissible by applicable law, fondantcake.co.in disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, system integration, data accuracy, and quiet enjoyment. fondantcake.co.in does not warrant that the website, its servers, or e-mail sent from the website are free of viruses or other harmful components.
fondantcake.co.in and its affiliates will not be liable for damages of any kind arising from the use of the Website, including, but not limited to direct, indirect, incidental, punitive or consequential damages or special damages in connection with these Terms of Use, the service, the Website, or the products, whether or not such damages were foreseeable and even if fondantcake.co.in was advised that such damages were likely or possible. In no event will aggregate liability of fondantcake.co.in to you for any and all claims arising in connection with these Terms of Use, the service, the Website, or the products exceed the greater of (1) INR 500 (five hundred Indian Rupees only) or (2) the amounts you have paid to company in relation to the service, the products or the usage of the website in the past one month hereunder. You agree and acknowledge that this limitation of liability is an essential term between you and fondantcake.co.in relating to the provision of the Website, the service and the products to you, and fondantcake.co.in would not provide the Website or service or products to you without this limitation.
fondantcake.co.in and its affiliates will not be liable for any damages of any kind arising in relation to (1) the use or consumption of products procured / manufactured by third parties or (2) the products delivered to you by any third party. fondantcake.co.in assumes no responsibility for examining or evaluating the products and services offered by them. fondantcake.co.in does not warrant the offerings of, any of these businesses or individuals. fondantcake.co.in does not endorse, in any way, any third party products or services or website?s content thereof. Any claim in respect of the same shall be made directly with the third party.
If Ferns N Petals is unable to deliver your order, then complete refund will be made. We shall not be liable for any other charges, loss of profits, emotional stress or any other liability etc. caused due to non-delivery.
Alteration Of Service Or Amendments To The Conditions
You will be bound to terms and conditions, Terms of Use and Disclaimers when you use the website and order goods from us. We have all rights to make changes/ amendments to our website, policies and terms of use at any time. If any term or condition will deem invalid, void, or for any reason unenforceable, that term or condition will deem to be severable and will not affect enforceability of other remaining terms and conditions.
Events Beyond Our Reasonable Control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause of force majeure.
User Submissions
fondantcake.co.in welcomes your comments about your experiences shopping with us and your suggestions about how to improve the Website. The Website permit the submission of written works, photos, audio files, videos or other communications submitted by you and other users of the website (User Submissions) and the hosting, sharing and/or publishing of the User Submissions. Any comments, ideas, suggestions, information, or any other content you contribute to fondantcake.co.in or the Website (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for fondantcake.co.in to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You agree and understand that whether or not such User Submissions are published on the Website, fondantcake.co.in does not guarantee any confidentiality with respect to any such submissions. Furthermore, you agree and acknowledge that fondantcake.co.in may publish your name and submissions on the Website, fondantcake.co.in managed social media, advertising, print material or in any other press releases of media items.
In relation to your User Submission you covenant, represent and warrant that:
you own or otherwise have the necessary licenses, rights, consents and permissions to use and authorise fondantcake.co.in to use all patent, trade mark, trade secret, copyright or other proprietary rights in and to any and all the User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and the Terms of Use.
In connection with your User Submissions, you agree that you will not (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant fondantcake.co.in all of the license rights granted herein (ii) publish falsehoods or misrepresentations that may cause or likely to cause any damage to fondantcake.co.in or any third party (iii) submit material that is unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate (iv) post advertisements or solicitations of business (v) impersonate another person.
Your agree and acknowledge that fondantcake.co.in does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and fondantcake.co.in expressly disclaims any and all liability in connection with User Submissions. Furthermore, fondantcake.co.in does not permit copyright infringing activities and infringement of Intellectual Property Rights on the Website, and fondantcake.co.in is entitled to block and remove all content and User Submissions if properly notified that such content or User Submission infringes on another's intellectual property rights. fondantcake.co.in reserves the right to remove content and User Submissions without any prior notice.
fondantcake.co.in may also terminate, without notice, a user's access to its Website, if the user is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity twice and/or has had a User Submission removed from the website. fondantcake.co.in also reserves the right to decide whether content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.
You agree that only you not, fondantcake.co.in/fondantcake.co.in.com is responsible for all electronic communication, and content sent from your computer to us and you must use the website for lawful purposes only. You are responsible for the your acts on the website which may cause or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
Indemnity
You agree to indemnify, defend and hold harmless fondantcake.co.in, its affiliates, and all of their employees, agents, officers, directors, proprietors, partners, representatives, shareholders, servants, attorneys, accountants, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising in connection with (i) your use of and access to the Website (ii) your violation of any term of the Terms of Use and Terms of Use (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right (iv) any claim that one of your User Submissions caused damage to a third party and (v) use of the User Submissions by fondantcake.co.in
Copyright
Unless otherwise indicated, all content on this site, including text, graphics, images, and logos is the property of fondantcake.co.in or its content suppliers and is protected by International copyright laws and regulations. In addition, fondantcake.co.in owns a copyright on this site as a collective work or compilation, and in the selection, coordination, enhancement, and arrangement of the site's content. Except as explicitly provided herein, fondantcake.co.in does not grant any explicit or implicit rights to you. fondantcake.co.in actively and aggressively enforces its intellectual property rights to the fullest extent of the law. The content of this site is Copyrighted (c) 2005 fondantcake.co.in. All rights reserved.
Trademarks
fondantcake.co.in, and other names, graphics, logos, and icons identifying fondantcake.co.in or its products or services are the proprietary marks of fondantcake.co.in. These trademarks may not be used in connection with any product or service that is not fondantcake.co.in, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits fondantcake.co.in. All other trademarks, not owned by fondantcake.co.in that appear on this site, are the property of their respective owners.
License
These Terms of Use provide you with a personal, revocable, non-exclusive, non-transferable license to use this site conditioned on your continued compliance with these Terms of Use. You may use this site solely for your personal, non-commercial use, and you may download a single copy of the materials from this site only for personal, non-commercial home use, as long as you agree not to remove any copyright, trademark, or other proprietary notices from the materials downloaded.
Except as expressly provided herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, deep link, or otherwise use any information or material obtained from or through this site without the prior written permission of the material's owner. As a condition of your use of this site, you warrant to fondantcake.co.in that you will not use this site for any purpose that is unlawful, unauthorized, or inconsistent with these Terms of Use, and you agree that the license to use fondantcake.co.in website will terminate immediately upon your violation of this warranty. fondantcake.co.in reserves the right to terminate your access to this site and its content at any time, with or without notice, at our discretion.
Losses
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
Applicable Law
By visiting fondantcake.co.in, you agree that the laws of India, without regard to principle of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and fondantcake.co.in or its affiliates.
Local Laws
fondantcake.co.in makes no representation that materials in this site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this site are illegal or is prohibited. Further, fondantcake.co.in makes no representation that the products and services available for sale or use on this site are appropriate or available for use in other locations, and use or purchase of such products or services from territories where such purchase or use is illegal is prohibited. If you choose to access or make purchases from this site from other locations, you do so on your own violation and are responsible for compliance with any applicable local laws.
Entire Agreement
These Terms of Use, together with Ferns N Petal?s Return/Refund Policy, Privacy Policy, Substitution policy, and other rules and policies posted on the site, which are hereby incorporated as if set forth fully in these Terms of Use, constitute the entire agreement between you and Ferns N Petals with respect to your use of material available through the site, and they supersede all prior or contemporaneous communications and proposals between you and fondantcake.co.in with respect to this site. Any right not expressly granted in these Terms of Use are reserved.
General
In the event that any provision contained in these Terms of Use is held by a court of competent jurisdiction to be contrary to any law, the remaining provisions of these Terms of Use will remain in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and fondantcake.co.in as a result of these Terms of Use or your use of this site. The waiver by fondantcake.co.in of one breach or default under these Terms of Use shall not constitute the waiver of any subsequent or other breach or default.
Important Notice to Webmasters
Regarding the use of trademarked names in metatags and/or hidden text, we have a no-tolerance policy. The use of trademarked names in metatag keywords is trademark infringement, and the use of trademarked terms in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition.
Linking to any fondantcake.co.in web page is prohibited and is subject to a prior permission from fondantcake.co.in. Framing the fondantcake.co.in website with links, advertisements and/or other information not originating from the fondantcake.co.in website is expressly prohibited.