TERMS AND CONDITIONS
We K and A Cake Decors, having its office at 4/2, 49th street, Ashok Nagar, Chennai 600083, on behalf of its own and its affiliate members state that they are the original author and publisher of this terms and agreements on the Website URL https://www.karthikasravanthi.com hereinafter called as the “Website”)
1. NATURE AND SCOPE OF AGREEMENT:
- The nature of services offered might change from time to time at the sole discretion by K and A Cake Decors that shall be updated in our website as and when changed, so we request you to keep yourself updated with our terms and conditions. The modified terms will be undisputedly applicable to all our users on their visit to the website, use of our Modules/Videos, and on all the information published on our website.
- You acknowledge that you will be bound by this Agreement for availing any of the Modules/Videos offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Modules/Videos.
This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Modules/Videos. By availing any Service, you signify your acceptance of the terms of this Agreement.
2. APPLICABILITY OF LAW: This Agreement is governed under the following provisions of the Act time being in force:
- The Indian Contract Act, 1872
- The IT Act, 2000
- iii.The rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”),
- Other service provider’s policy.
- The Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
3. NATURE OF SERVICE PROVIDED IN THE WEBSITE:
- The Website is a platform that facilitates e-learning modules for bakery and other related recipes for cooking on a paid basis. The said modules will be available to all the customers who have paid for the module. The payment will be one-time basis for which lifetime access will be provided to the subscribers.
- The Modules/Videos are provided by us through various modes which shall include issue of discount coupons and vouchers that can be redeemed for various goods/ Modules/Videos offered for sale by relevant Third Party Service Providers.
- To facilitate the relation between you and the Third Party Service Providers through the Website, K and A Cake Decors shall send to you (promotional content including but not limited to emails, notifications and messages).
- The contents on the Website including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, contains Third Party Service Providers’ content (“Third Party Content”) as well as content provided by K and A Cake Decors including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (“K and A Cake Decors Content”) (collectively referred as, “Content”).
- The K and A Cake Decors Content is the property of K and A Cake Decors and is protected under copyright, trademark and other applicable law(s). You shall not be allowed to modify the K and A Cake Decors Content or reproduce, display, publicly perform, distribute, or otherwise use the K and A Cake Decors Content in any way for any public or commercial purpose or for personal gain.
- For the purposes of availing the Modules/Videos through the Website, You are required to obtain registration, in accordance with the procedure established by K and A Cake Decors in this regard. As part of the registration process, K and A Cake Decors may collect the following personal information from you:
- User ID;
- Email address;
- Address (including country and ZIP/ postal code);
- Phone number;
- Password chosen by the User;
- Valid financial account information; and
- Other details as you may volunteer.
- The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website.
- The Registered Id can only be utilized by the person whose details have been provided and K and A Cake Decors does not permit multiple persons to share a single log in/ registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of procuring the Modules/Videos, on behalf of such persons.
- Organizations, companies, and businesses may not become registered members on the Website or use the Website through individual members.
- You agree and acknowledge that You would (i) create only 1 (one) account; (ii) provide accurate, truthful, current and complete information when creating Your account and in all Your dealings through the Website; (iii) maintain and promptly update Your account information; (iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify K and A Cake Decors if You discover or otherwise suspect any security breaches relating to the Website; and (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access.
- The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by K and A Cake Decors for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing Modules/Videos to You, K and A Cake Decors may allow authorized third parties to place or recognize a unique cookie on the Your browser. K and A Cake Decors do not store personally identifiable information in the cookies.
- Definition of “personal information and “sensitive personal data or information” is as per the IG Rules and IT Act, 2000.
- The website might collect, analyse and store data via device through which you visit our website which will purely be used for quality and training purposes.
- The website will have access to the personal information of the user- name, communication address, contact details and other such information entered by the user at the time of registration.
- The website will not be responsible for authentication of personal information given by the users on the website or to any person acting on behalf of Website
- It is solely the duty of the user to maintain the confidentiality of the user name and password generated by the user at the time of registration and the K and A Cake Decors will not be responsible for loss of confidentiality. The users are obligated to store the user name and password for all future connections. The users shall immediately notify, contact or mail K and A Cake Decors of any unauthorised use of the user’s account.
- K and A Cake Decors take no liability for the loss suffered by the user due to unauthorised use of the information.
- If at any point of time, K and A Cake Decors suspects or believes that the information provided by the user is inaccurate, incomplete, outdated or becomes untrue, K and A Cake Decors reserves the right to cancel or discontinue the Modules/Videos with no refund policy.
- The website may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
6. INTELLECTUAL PROPERTY RIGHTS:
- All contents – text, images, documents, literary works, videos uploaded on the website are original work of the K and A Cake Decors and copyrights and publisher rights of the same are vested with the website.
- The contents listed on the Website are (i) User generated content, or (ii) belong to “K and A Cake Decors”. The information that is collected by “K and A Cake Decors” directly or indirectly from the End- Users shall belong to “K and A Cake Decors”. Copying of the copyrighted content published by “K and A Cake Decors” on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and “K and A Cake Decors” reserves its rights under applicable law accordingly.
- “K and A Cake Decors” authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, “K and A Cake Decors Content”), are the property of “K and A Cake Decors” and are protected under copyright, trademark and other laws. User shall not modify the “K and A Cake Decors” Content or reproduce, display, publicly perform, distribute, or otherwise use the “K and A Cake Decors” Content in any way for any public or commercial purpose or for personal gain.
- User shall not access the Modules/Videos for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
7. RIGHTS AND OBLIGATIONS RELATING TO CONTENT:
As mandated by Regulation 3(2) of the IG Rules, K and A Cake Decors hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which the User does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- Users are also prohibited from:
- violating or attempting to violate the integrity or security of the Website or any K and A Cake Decors Content;
- transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Modules/Videos by K and A Cake Decors;
- intentionally submitting on the Website any incomplete, false or inaccurate information;
- making any unsolicited communications to other Users;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
- copying or duplicating in any manner any of the K and A Cake Decors Content or other information available from the Website;
- framing or hot linking or deep linking any K and A Cake Decors Content.
- circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
- K and A Cake Decors, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information. K and A Cake Decors shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
- K and A Cake Decors may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit K and A Cake Decors to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by K and A Cake Decors as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between K and A Cake Decors or any person on its behalf and the User or where the User has consented to data transfer.
- K and A Cake Decors respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
8. REVIEWS AND FEEDBACK:
- Users are allowed to comment and provide their valuable feedback about the Modules/Videos availed by them from the website. Such feedback or comments must be according to the guidelines laid down by the law. The users will be solely responsible for all the contents posted by them – reviews, feedback, comments, rating (CRITICAL CONTENT)
- It is however noted that “K and A Cake Decors” is not obliged to act upon the comments or feedback given by the users and reserves the right to delete or omit such comments.
- The role of “K and A Cake Decors” in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. “K and A Cake Decors” disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. “K and A Cake Decors” shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
- Your publication of reviews and feedback on the Website is governed by clause and of these Terms. Without prejudice to the detailed terms stated in https://www.karthikasravanthi.com/terms-conditions, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. “K and A Cake Decors”, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with clauses or provisions of these Terms. You agree that “K and A Cake Decors” may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
- Obtaining feedback in relation to Website or “K and A Cake Decors”’s Modules/Videos; and/or
- Resolving any complaints, information, or queries by customers/subscribers regarding your Critical Content; and you agree to provide your fullest co-operation further to such communication by “K and A Cake Decors”.
9. PAYMENT , FEES, AND APPLICABLE TAXES:
- No registration fees charged for browsing or using the website for access of information about the Modules/Videos provided by the website.
- All payments shall be directly made to the us through the payment gateway provided by them. You agree and acknowledge to not hold K and A Cake Decors responsible for any loss or damage caused to you while using or availing the Modules/Videos which are beyond the control of Website.
- All the users or third-party service providers are solely responsible for the payment of taxes, fees or any other compliances, statutory obligations, reporting’s etc., associated with the Modules/Videos. We shall not be liable for any tax payments apart from our own income tax payments.
- All fees quoted on the website are exclusive of all fees and applicable taxes.
- K and A Cake Decors reserves the right to modify the fee structure provided on the Website which shall be considered as valid and as an agreed communication.
- Available payment methods: Wallets: Paytm, Mobikwik, AirtelMoney, Freecharge, OlaMoney, JIO Money, PhonePe, PayZapp, MPESA UPI – BHIM and GooglePay. All debit and credit cards.
- Applicable payment charges: No charges levied.
- Details, including contact information of all payment service providers: Paytm (https://paytm.com/care/ticket), Mobikwik (https://blog.mobikwik.com/contactus/), AirtelMoney (https://www.airtel.in/personal/money/contact-us), Freecharge (https://www.freecharge.in/contactus), OlaMoney (https://www.olamoney.com/support/index.html), JIO Money (https://www.jiomoney.com/contactus.html), PhonePe (https://www.phonepe.com/contact-us/), MPESA UPI – BHIM (https://www.bhimupi.org.in/get-touch) and GooglePay (https://support.google.com/pay/india/gethelp).
- All queries relating to refund, and cancellation along with their associated charges are given in our refund and cancellation policy.
- The Other Parties shall not hold K and A Cake Decors responsible or liable in any way for any disclosures by K and A Cake Decors under Regulation 6 of the SPI Rules.
- The Modules/Videos provided by K and A Cake Decors or any of its licensors or providers or Third Party Service Providers are provided ‘as is’, as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). K and A Cake Decors does not provide or make any representations, warranties or guarantees, express or implied about the Website or the Modules/Videos. K and A Cake Decors does not verify any content or information provided by the Other Parties on the Website and to the fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Modules/Videos, the K and A Cake Decors Content, Third Party Contents, representations and warranties made by the Other Parties on the Website or any loss arising out of the manner in which the Modules/Videos have been rendered.
- The Website may be linked to the website of third parties, affiliates and business partners. K and A Cake Decors has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the Website. Inclusion of any link on the Website does not imply that K and A Cake Decors endorses the linked website. Other Parties may use the links and these Modules/Videos at their own risk.
- K and A Cake Decors shall not be responsible for the mishaps/missed Modules/Videos due to no service/no show from the Other Parties; K and A Cake Decors shall not be responsible for any error in any of the Modules/Videos being provided by the Third Party Service Providers.
- Users accept and acknowledge that K and A Cake Decors does not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statue or otherwise in law or from a course of dealing or usage or trade) in relation to the goods/ products and Modules/Videos made available on its Website by Third Party Service Providers, including any guarantee or warrantee that such goods/ products (i) are merchantable; (ii) fit for the purpose of which they are to be (or have been) purchased;(iii) have accurate description; (iv) do not cause any infringement; and (v) that the Third Party Service Providers have legal title over the goods/products being offered for sale by them on the Website. K and A Cake Decors also does not provide any representation or give any guarantee or warranty (whether express or implied) about the Website or any of the Modules/Videos offered or Modules/Videos offered or provided by the Third Party Service Providers.
- The Other Parties further accept and acknowledge that K and A Cake Decors does not verify any content or information provided by either the Users or the Third Party Modules/Videos/ or obtained from the Users or the Third Party Service Providers, and to fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Modules/Videos, the K and A Cake Decors Content, Third Party Content, representations and warranties made by the Other Parties on the Website or any opinion or suggestion given or expressed by K and A Cake Decors or any Third Party Service Providers in relation to any Modules/Videos provided by Website
- K and A Cake Decors assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Other Parties’ equipment on account of the Other Parties’ access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If any of the Other Party is dissatisfied with the Website, the sole remedy of such Other Party(s) is to discontinue using the Website.
- The listing of Third Party Service Providers on the Website is based on numerous factors including Users comments and feedbacks. In no event shall the Protected Entities (as defined herein below) be liable or responsible for the listing order of Third Party Service Providers on the Website.
- To the maximum extent permitted by applicable law(s), K and A Cake Decors, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Website or the content, materials and functions related thereto; (ii) User’s provision of information via the Website; even if such Protected Entity has been advised of the possibility of such damages.
- In no event shall the Protected Entities be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products or service by a Third Party Service Provider to any User; or (ii) any comments or feedback given by any of the Users in relation to the goods or Modules/Videos provided by any Third Party Service Providers; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User, Third Party Service Providers or other person on or through the Website.
- The Users acknowledge that the Protected Entities merely act in the capacity of facilitators between the Other Parties by providing a platform for them to interact and transact. In no event shall the Protected Entities be held liable for any of the losses attributable to Modules/Videos offered through the Website.
- In no event shall the Protected Entities be liable for failure on the part of the Users or Third Party Service Providers to provide agreed Modules/Videos or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the Protected Entities be liable for any comments or feedback given by any of the Users in relation to the Modules/Videos provided by a Third Party Service Providers.
- K and A Cake Decors reserves the right to terminate, suspend, deter or restrict the rights of the users/subscribers in connection with the Modules/Videos availed from the website on the following grounds:
- Breach of terms of agreement
- Report or abuse based third party complaints due to the Modules/Videos performed by the users
- Reasonable grounds for suspects of unauthenticated, illegal and incorrect information
- Unable to verify the authentication of information
- If the actions of users might be prejudice to the law and the business
- Any other grounds as the business may deem fit to think as reasonable grounds to terminate the service
2. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account.
3. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User.
4. The User shall ensure that he/she/it has continuous backup of any Modules/Videos the User has rendered in order to comply with the User’s record keeping process and practices.
- In no event, including but not limited to negligence, shall K and A Cake Decors, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Modules/Videos, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
- provision of or failure to provide all or any service by us to End- Users contacted or managed through the Website;
- any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
- any unauthorized access to or alteration of your transmissions or data; or
- any other matter relating to the Website or the Service.
2. In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Modules/Videos exceed, in the aggregate Rs. 500/- (Rupees One Thousand Only).
14. WAIVER: No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Website Any consent by K and A Cake Decors to, or a waiver by K and A Cake Decors of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
15. SEVERABILITY: If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
17. CONTACT INFORMATION: In case of any disputes, clarifications, notices, all communications intended to be done shall be via email id: email@example.com