Baker's Super Mart : India's only and the biggest one stop shop for all the baking essentials and ingredients.
Baker's Super Mart : India's only and the biggest one stop shop for all the baking essentials and ingredients.
Bakers Super Mart® is a one-stop platform for all the needs of bakeries and restaurants.
Being a premium supplier of quality products, we are highly committed to our work and
value the trust placed by you in www.bakerssupermart.com. Counting on quality control
and customer satisfaction, we join hands with our partner “BAKERS SUPER MART®”,
along with many leading food brands. To keep satisfactory business relations, we insist
upon the highest standards for your secure transactions and customer information
privacy.
These terms and conditions of use (“Terms of Use”) of the Website
www.bakerssupermart.com (hereinafter referred to as “Bakers Super Mart®” or “the
website”) and the users/registrants of the Website (“You” or “Your” or “Yourself” or
“User”) describe the terms on which Bakers Super Mart® offers You access to the
Website and the Services (as defined below) through the Website.
PLEASE READ THE FOLLOWING TERMS & CONDITIONS CAREFULLY BEFORE
USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL,
INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE
WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR
ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY
BOUND BY THE SAME. YOUR USE OF THE WEBSITE, IN ANY MANNER, IMPLIES
THAT YOU AGREE WITH THE TERMS OF USE.
www.bakerssupermart.com (“Website”) is an Internet based portal. Use of the Website
is offered to you conditioned on acceptance of all the terms, conditions and notices
contained in these Terms, along with any amendments made by Bakers Super Mart® at
its sole discretion and posted on the Website, including the imposing of an additional
charge for access to or use of a Service.
Bakers Super Mart® shall not be required to notify you, whether as a registered user or
not, of any changes made to the Terms of Use. The revised Terms of Use shall be made
available on the Website. Your use of the Website and the Services is subject to the
most current version of the Terms of Use made available on the Website at the time of
such use. You are requested to regularly visit the home page i.e.
www.bakerssupermart.com, to view the most current Terms of Use. The responsibility
shall cast upon you to check these Terms of Use periodically for changes.
(i) These terms and conditions shall govern your use of our website.
(ii) By visiting/using this Website or any facility or Service provided by this
Website in any way; or merely browsing the Website, it shall be deemed that
You agree that You have read, understood and agreed to be bound by these
Terms of Use and the Website’s Privacy Policy available at the homepage,
www.bakerssupermart.com, in full; Accordingly, if you disagree with these
terms and conditions or any part of these terms and conditions, you shall not
use our website, in any manner.
(iii) If you register with our website, submit any material to our website or use
any of our website services, the same shall be deemed to be expressly in
agreement with these terms and conditions.
(iv) The prices and availability of items are liable to change without earlier notice
at the sole discretion of Bakers Super Mart®.
(v) The sizes given in the site may not be exact; there can be a deviation up to
+/- 10%.
(vi) We have made every effort to show the colors of our items that appear on
the site as precisely as possible. However, as the actual colors you see will
depend upon your screen, we cannot guarantee the precision of colors
displayed.
(vii)
Bakers Super Mart® will not entertain any complaints after 2 days, once
the product is delivered.
II. ELIGIBILITY
(viii)
You must be at least 18 years of age to use our website; and by using our
website or agreeing to these terms and conditions, you warrant and
represent to us that you are at least 18 years of age. If you do not confirm to
the said qualification, you shall not be permitted to avail of the Services or
use the Website. You represent that you are of legal age to form a binding
contract and are not a person barred from receiving services under the laws
as are applicable to the jurisdiction of India. Notwithstanding the foregoing,
if you are below the age of eighteen (18) years, you may avail the Services
provided by Bakers Super Mart® through Your legal guardian in accordance
with the laws applicable.
(ix) Bakers Super Mart® reserves the right to refuse access to use the Services
offered at the Website to new Users or to terminate access granted to
existing Users at any point of time without according to any reasons towards
the same.
(x) By visiting/using this website you undertake that you are prohibited from
selling, trading, or otherwise transferring services provided by the website to
the third party/parties, in any manner, whatsoever, except otherwise agreed
by the website in written form.
(xi) You shall not have more than one active Account on the Website.
Additionally, You are prohibited from selling, trading, or otherwise
transferring Your Account to any other party.
(xii)
Bakers Super Mart® makes the Services available to you through the
Website only if You have provided Bakers Super Mart® with the required User
information and has created an account through Bakers Super Mart ID and
password or other log-in ID and password, which can include a Facebook,
Gmail, Yahoo IDs or any other valid email ID.
(xiii)
The Website requires You to register as a User by creating an Account in
order to avail of the Services provided by the Website. You will be responsible
for maintaining the confidentiality of the Account Information, and are fully
responsible for all activities that occur under Your Account. You agree to (a)
immediately notify Bakers Super Mart® of any unauthorized use of Your
Account Information or any other breach of security, and (b) ensure that You
exit from Your Account at the end of each session. Bakers Super Mart®
cannot and shall not be liable for any loss or damage arising from/out of
Your failure to comply with the terms and conditions. You may be held liable
for losses incurred by Bakers Super Mart® or any other user of or visitor to
the Website caused due to authorized or unauthorized use of Your Account
as a result of Your failure to keep Your Account Information secure and
confidential.
(xiv) The Website also allows/reserves its right towards the restricted access to
the Services for unregistered Users.
(xv)
You shall ensure that the Account Information provided by You in the
Website’s registration form is complete, accurate and up-to-date. Use of
another user’s Account Information for availing the Services is expressly
prohibited.
(xvi) If You provide any information that is incorrect, inaccurate, not current or
incomplete (or becomes incorrect, inaccurate, not current or incomplete), or
Bakers Super Mart® has reasonable grounds to suspect that such information
is not true, inaccurate, not current or incomplete, Bakers Super Mart® has the
right to suspend or terminate Your Account, temporarily or permanently, as
the case may be, and refuse any, or make it limited, and all current or future
use of the Website (or any portion thereof).
IV. SERVICES PROVIDED
(xvii) Bakers Super Mart® plays a role of only a facilitator to the customers,
facilitating its customers in placing the orders through the website and does
not own any particular brand of the listed products and related services cited
in the packages provided by us.
(xviii) The Website provides a platform that facilitates the online services
(“Services”) offered by Bakers Super Mart’s various affiliates/registered
merchants/vendors/service providers (“Vendor/s”), etc. The Services are
offered to the Users through various modes which shall include, but not be
limited to, providing or facilitating services related to Bakeware, Cake
decorative, Chocolates (in various forms), Equipments, Ingredients,
Packaging and disposables, Tools & Apparel that can be redeemed for
various products and services, etc. The Vendors are the sellers of products
and services on the Website will be solely responsible to you for the products
provided or for redemption of any product(s) purchased by you through the
Website in accordance to the terms agreed.
(xix) You acknowledge that Bakers Super Mart® has the right to change or
discontinue any Service at any time, without notice. You further acknowledge
that Bakers Super Mart® may add or modify the procedures, modes,
processes or conditions of booking at any time to adapt to changes that
Bakers Super Mart® may make towards the Services. You agree that Bakers
Super Mart® shall not be liable to you or to any third party for any
modification, suspension or discontinuance of any aspect of the Services and
undertakes to indemnify Bakers Super Mart® towards the same.
(xx)
Subject to the express provisions of these terms and conditions, we own
and control all the copyright and other intellectual property rights in our
website and the material on our website.
(xxi) Subject to compliance with the Terms of Use, Bakers Super Mart® grants
you a non-exclusive, limited privilege to access and use this Website and the
Services provided therein. You agree to use the Services, Website and the
materials provided therein only for purposes that are permitted by: (a) the
Terms of Use; and (b) any applicable law, regulation or generally accepted
practices or guidelines in the relevant jurisdictions.
(xxii) You agree to adhere to all limitations on dissemination, use and
reproduction of any materials (such as the product catalogues) that you
access on the Website in accordance with Terms and Conditions as provided.
(xxiii) You agree not to access (or attempt to access) the Website and the
materials or Services by any means other than through the interface that is
provided by Bakers Super Mart®. You shall not use any deep-link, robot,
spider or other automatic device, program, algorithm or methodology, or any
similar or equivalent manual process, to access, acquire, copy or monitor any
portion of the Website or Content (as defined herein), or in any way
reproduce or circumvent the navigational structure or presentation of the
Website, materials or any Content, to obtain or attempt to obtain any
materials, documents or information through any means not specifically
made available through the Website.
(xxiv) You acknowledge and agree that by accessing or using the Website or
Services, You may be exposed to content from other users that you may
consider offensive, indecent or otherwise objectionable. Bakers Super Mart®
disclaims all liabilities arising in relation to such offensive content on the
Website. Further, you may report such offensive content in the manner
prescribed by writing to us on our email id – info@lohiyaagro.com.
(xxv) If Website allows you to post and upload any material on the Website,
You hereby undertake to ensure that such material is not offensive and is in
accordance with laws applicable. Further, you undertake not to:
(a) Defame, abuse, harass, threaten or otherwise violate the legal rights of
others, in any manner, whatsoever;
(b) Impersonate any person or entity, or falsely state or otherwise
misrepresent Your affiliation with a person or entity;
(c) Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic,
name, material or information through any bookmark, tag or keyword;
(d) Upload files that contain software or other material protected by
applicable intellectual property laws unless You own or control the rights
thereto or have received all necessary consents/approvals/sanctions;
(e) 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;
(f) Engage in any activity that interferes with or disrupts access to the
Website or the Services (or the servers and networks which are connected
to the Website); Attempt to gain unauthorized access to any portion or
feature of the Website, any other systems or networks connected to the
Website, to any Bakers Super Mart® server, or to any of the Services
offered on or through the Website, by hacking, password mining or any
other illegitimate means;
(g) Probe, scan or test the vulnerability of the Website or any network
connected to the Website, nor breach the security or authentication
measures on the Website or any network connected to the Website;
(h) Disrupt or interfere with the security of, or otherwise cause harm to, the
Website, systems resources, accounts, passwords, servers or networks
connected to or accessible through the Websites or any affiliated or
linked sites;
(i) Collect or store data about other users in connection with the prohibited
conduct and activities set forth in this Section;
(j) Use the Website or any material or Content for any purpose that is
unlawful or prohibited by these Terms of Use, or to solicit the performance
of any illegal activity or other activity which infringes the rights of Bakers
Super Mart® or other third parties;
(k) Conduct or forward surveys, contests, pyramid schemes or chain letters;
(l) Download any file posted by another user of a Service that you know, or
reasonably should know, cannot be legally distributed in such manner;
(m) 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;
(n) Violate any code of conduct or other guidelines, which may be applicable
for or to any particular Service;
(o) Violate any applicable laws or regulations, for the time being in force,
within or outside India;
(p) Violate the Terms of Use including but not limited to any applicable
Additional Terms of the Website contained herein or elsewhere; and
(q) 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.
(xxvi) You agree that you are solely responsible to Bakers Super Mart® and to
any other third party for any breach of your obligations under the Terms of
Use and for the consequences (including any loss or damage which Bakers
Super Mart® or its affiliates or its vendors may suffer for any such breach).
(xxvii) You agree and acknowledge that Bakers Super Mart® is not the seller of
the products and the services and Bakers Super Mart® shall in no manner be
deemed to be the seller of the products or services on this Website. Bakers
Super Mart® is only facilitating services to you from the various vendors by
providing the Services to You.
(xxviii) You agree that Bakers Super Mart® may, at any time, modify or
discontinue all or part of the Website, charge, modify or waive fees required
to use the Website, or offer opportunities to some or all Website Users.
(xxix) You may: (a) view pages from our website in a web browser; (b) download
pages from our website for caching in a web browser; (c) print pages from
our website; (d) stream audio and video files from our website; and (e) use
our website services by means of a web browser, subject to the other
provisions of these terms and conditions.
(xxx) Except as expressly provided by or the other provisions of these terms
and conditions, you must not download any material from our website or
save any such material to your computer.
(xxxi) You may only use our website for your own personal and business
purposes and you must not use our website for any other purposes.
(xxxii) Except as expressly permitted by these terms and conditions, you must
not edit or otherwise modify any material on our website.
Unless you own or control the relevant rights in the material, you must not: (a)
Republish material from our website (including republication on another website); (b)
sell, rent or sub-license material from our website; (c) show any material from our
website in public; (d) exploit material from our website for a commercial purpose; or (e)
redistribute material from our website.
We reserve the right to restrict access to areas of our website, or indeed our whole
website, at our discretion; you must not circumvent or bypass, or attempt to circumvent
or bypass, any access restriction measures on our website.
(xxxiii) Bakers Super Mart® shall not be held liable to any of the customers in the
event the Bakers Super Mart® or its goods providers refuse to provide the
service or goods to any customer for any reason. You undertake to indemnify
Bakers Super Mart® against all losses, claims and damages incurred by it due
to any action taken by any of the goods or service providers towards the said
refuse, for any reason.
(xxxiv) You indemnify Bakers Super Mart® the breach of any trademark or
copyright or any other intellectual property rights infringement, in any
manner, whatsoever.
(xxxv) Bakers Super Mart®, at all times, shall be indemnified by You against all
claims, losses and damages in respect of the content published by it either
for misrepresentation or otherwise and Bakers Super Mart® owes no
responsibility for such contents due to the fact that You acknowledging it is
the owner of such content and information provided in the Website.
(xxxvi) While availing any of the payment method/s offered by us, Bakers Super
Mart® is not responsible or take no liability of whatsoever nature in respect of
any loss or damage arising directly or indirectly to you out of the decline due
to: (a) lack of authorization for any transaction/s, (b) or exceeding the preset
limit mutually agreed by you and between your “Bank/s”, (c) or any payment
issues arising out of the transaction, (d) or decline of transaction for any
other reason/s, (e) Transaction of any voucher/products will take minimum of
2 working days, (f) Bakers Super Mart® reserves the right to hold any
transaction in case they find transaction to be suspicious.
(xxxvii)
All payments made against the services on bakerssupermart.com
by you shall be compulsorily in Indian Rupees acceptable by the Union of
India or in Currency as accepted or issued by the Government of India, as
Bakers Super Mart® does not accept any other form of currency with respect
to the purchases.
(xxxviii)
Payment may be made by online payment mode such as Credit or
Debit Card or by any other modes of online payment, as specified.
IX. ACCEPTABLE USE
You must not: (a) use our website in any way or take any action that causes, or may
cause, damage to the website or impairment of the performance, availability or
accessibility of the website; (b) use our website in any way that is unlawful, illegal,
fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful
purpose or activity; (c) use our website to copy, store, host, transmit, send, use, publish
or distribute any material which consists of (or is linked to) any spyware, computer
virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer
software; (d) conduct any systematic or automated data collection activities (including
without limitation scraping, data mining, data extraction and data harvesting) on or in
relation to our website without our express written consent; (e) use data collected from
our website for any direct marketing activity (including without limitation email
marketing, SMS marketing, telemarketing and direct mailing).
You must not use data collected from our website to contact individuals, companies or
other persons or entities.
You must ensure that all the information you supply to us through our website, or in
relation to our website, is true, accurate, current, complete and non-misleading.
(xxxix) The limitations and exclusions of liability set out and elsewhere in a
contract under these terms and conditions govern all liabilities arising under
that contract or relating to the subject matter of that contract, including
liabilities arising in contract, in tort (including negligence) and for breach of
statutory duty, except to the extent expressly provided otherwise in that
contract.
(xl) To the extent that our website and the information and services on our
website are provided free of charge, we will not be liable for any loss or
damage of any nature.
(xli)
We will not be liable to you in respect of any losses arising out of any
event or events beyond our reasonable control.
(xlii)
We will not be liable to you in respect of any business losses, including
(without limitation) loss of or damage to profits, income, revenue, use,
production, anticipated savings, business, contracts, commercial
opportunities or goodwill.
(xliii) We will not be liable to you in respect of any loss or corruption of any
data, database or software.
(xliv) We will not be liable to you in respect of any special, indirect or
consequential loss or damage.
(xlv) You accept that we have an interest in limiting the personal liability of our
officers and employees and, having regard to that interest, you acknowledge
that we are a limited liability entity; you agree that you will not bring any
claim personally against our officers or employees in respect of any losses
you suffer in connection with the website or these terms and conditions (this
will not, of course, limit or exclude the liability of the limited liability entity
itself for the acts and omissions of our officers and employees).
XI. BREACH OF THE TERMS AND CONDITIONS
(xlvi) Without prejudice to our other rights under these terms and conditions, if
you breach these terms and conditions in any way, or if we reasonably
suspect that you have breached these terms and conditions in any way, we
may: (a) send you one or more formal warnings; (b) commence legal action
against you, whether for breach of contract or otherwise.
(xlvii) The Terms of Use will continue to apply until terminated by either You or
Bakers Super Mart® as set forth below. If You want to terminate Your
agreement with Bakers Super Mart®, You may do so by (i) not accessing the
Website; or (ii) closing Your accounts for all of the Services that You use,
where Bakers Super Mart® has made this option available to You.
(xlviii) Bakers Super Mart® may, at any time, with or without notice, terminate
the Terms of Use (or portion thereof, such as any individual Additional Terms)
with You if: You breach any of the provisions of the Terms of Use, the Privacy
Policy or any other terms, conditions, or policies that may be applicable to
You from time to time (or have acted in a manner that clearly shows that You
do not intend to, or are unable to, comply with the same); Bakers Super Mart®
is required to do so by law (for example, where the provision of the Services
to You is, or becomes, unlawful); The provision of the Services to You by
Bakers Super Mart® is, in Bakers Super Mart’s opinion, no longer
commercially viable; Bakers Super Mart® may discontinue, with or without
reason, access to the Website, the Services (or any part thereof).
(xlix) Bakers Super Mart® may also terminate or suspend all or a portion of
Your account or access to the Services with or without reason. Except as may
be set forth in any Additional Terms applicable to a particular Service,
termination of Your Account may include: (i) removal of access to all offerings
within the Website or with respect to the Services; (ii) deletion of Your
materials and Account Information, including Your personal information,
log-in ID and password, and all related information, files and materials
associated with or inside Your Account (or any part thereof); and (iii) barring
of further use of the Services.
(l) You agree that all terminations shall be made in Bakers Super Mart’s sole
discretion and that Bakers Super Mart® shall not be liable to You or any third
party for any termination of Your Account (and accompanying deletion of
Your Account Information), or Your access to the Website and Services.
(li) Notwithstanding the foregoing, these Terms of Use will survive indefinitely
unless and until Bakers Super Mart® chooses to terminate them.
(lii) If You or Bakers Super Mart® terminates Your use of the Website, Bakers
Super Mart® may delete any content or other materials relating to Your use
of the Website and Bakers Super Mart® will have no liability to You or any
third party for doing so.
XIII. COMMUNICATIONS
(liii)
You hereby expressly agree to receive communications by way of SMS,
e-mails, etc., from Bakers Super Mart® relating to Services provided through
the Website.
(liv)
A User can unsubscribe/opt-out from receiving communications from
Bakers Super Mart® by intimating about the same to Bakers Super Mart®
through email.
(lv) We may revise these terms and conditions from time to time.
(lvi)
The revised terms and conditions shall apply to the use of our website
from the date of publication of the revised terms and conditions on the
website, and you hereby waive any right you may otherwise have to be
notified of, or to consent to, revisions of these terms and conditions. We may
refrain from giving you written notice of any revision of these terms and
conditions, and the revised terms and conditions will apply to the use of our
website from the date that we publish in the required column. In any case, if
you do not agree to the revised terms and conditions, you must stop using
our website.
(lvii)
You hereby agree that we may assign, transfer, sub-contract or otherwise
deal with our rights and/or obligations under these terms and conditions.
(lviii) You may not without our prior written consent assign, transfer,
sub-contract or otherwise deal with any of your rights and/or obligations
under these terms and conditions, contrary to the interest of the website.
XVI. SEVERABILITY
(lix)
If a provision of a contract under these terms and conditions is
determined by any court or other competent authority to be unlawful and/or
unenforceable, the other provisions will continue in effect.
(lx) If any unlawful and/or unenforceable provision of a contract under these
terms and conditions would be lawful or enforceable if part of it were
deleted, that part will be deemed to be deleted, and the rest of the provision
will continue in effect.
(lxi)
The terms and conditions are for our benefit and the website and its
consumers/customers and are not intended to benefit or be enforceable by
any third party.
(lxii)
The exercise of the parties’ rights under a contract under these terms and
conditions shall not be subject to the consent of any third party.
(lxiii) A contract under these terms and conditions shall be governed by and
construed in accordance with Indian law.
(lxiv) Any disputes relating to a contract or use of the website under these
terms and conditions shall be subject to the exclusive jurisdiction of the
courts of India. In case of any dispute arises between both the parties the
same shall be referred to arbitration by choosing an arbitrator by the mutual
consent of the parties. In case of any dispute with regard to choosing of an
arbitrator arises, both the parties shall choose an individual arbitrator of
their choice and the said chosen arbitrators shall appoint an umpire to
resolve the dispute. The place of arbitration shall be at Hyderabad and to be
governed by the Code of Civil Procedure, 1908, Arbitration and Conciliation
Act and other laws as applicable.
(lxv) You can contact us by writing to the business address given below, by
using our website contact form, by email to info@lohiyaagro.com, or through
our website www.bakerssupermart.com.
