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Terms and Conditions

Welcome to Gingerbread, an online shopping portal provided by Bhojanalya Hospitality Pvt. Ltd. The terms and conditions contained herein alongwith the Privacy Policy an Agreement regulating our relationship with regard to the use of www.gingerbread.co.in by you. You are advised to read this Agreement carefully. If you are not agreeable to any terms and conditions, you should not use this shopping portal. You can use www.gingerbread.co.in Shopping Services if you are agreeable to all the terms and conditions of this Agreement in their entirety. If you accept this agreement, it will be a legally binding agreement between you and Bhojanalaya Hospitality Pvt. Ltd. (for shopping on www.gingerbread.co.in).

Definitions:

"Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexures, privacy policy and will include the references to this Agreement as amended, supplemented, varied or replaced time to time.

www.gingerbread.co.in or the “Site” means the online shopping portal owned and operated by Bhojanalaya Hospitality Pvt. Ltd., which provides a platform to the shoppers to buy the products listed on site.

"Vendor"/"Seller"/”Affiliate” shall mean the person or any legal entity who offers for sale, sells the products or services on gingerbread.co.in.

"Customer" / "Buyer" shall mean the person or any legal entity who accepts the offer for sale on site by placing an order for and or purchases any products offered for sale on the site.

"User"/ "You" means and includes you and/or any person or an entity including Vendor/Seller/Affiliate using or accessing the services provided on this Site.

Eligibility:

You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules and regulations.

Term of Agreement/Service

This Agreement shall continue to be in full force and effect for so long as you are using the site. The site provides the online shopping platform wherein the Users can purchase/buy the products and services listed on it pursuant to the terms and conditions set forth below. By clicking on the [Close] button, you are agreeing to use the Services in a manner consistent with and abide by the terms and conditions of this Agreement, our Privacy Policy, and with all applicable laws and regulations. Either you or Gingerbread may terminate the agreement at any time, with or without cause. However, Gingerbread reserves the right, in its sole discretion, to terminate your access to the products and services offered on the site or any portion thereof at any time, without notice.

Modification of Terms and Conditions :

Gingerbread may at any time modify the terms and conditions contained on the Site without any prior notification to you. You can access the latest version of the Terms and Conditions at any given time. You should regularly review the Terms and Conditions. In the event the modified Terms and Conditions are not acceptable to you, you should discontinue using the site. However, if you continue to use the site you agree to accept and abide by the modified Terms and Conditions.

Registration Details :

To use the Site you will have to register with Gingerbread. As a part of registration process you agree to provide Gingerbread, your current, complete, and accurate registration information (the "Registration Details”) and to maintain and to update this information as required to keep it current, complete and accurate.

If you provide any information that is untrue, inaccurate, not current or incomplete or if Gingerbread has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Gingerbread has a right to indefinitely suspend or terminate your membership and refuse to provide you with access to its Site.

You shall be responsible for maintaining the confidentiality of your password, which you will not be under any obligation to reveal to any representative or agent of Gingerbread.

You agree and grant Gingerbread a right to use your individual Registration Details for sending advertisements and other offers time to time.

You shall notify admin@gingerbread.co.in of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.

Online Shopping Platform :

You further agree and undertake that you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.

Gingerbread accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

The address at which delivery of the product ordered by you are to be made should be correct and proper in all respects.

After the receipt of payment the Buyer, Gingerbread shall arrange for the delivery of the product to the recipient at the shipping address provided by the Buyer.

Any and all orders placed by you on this Site are a firm commitment to purchase and you are obligated to complete the transaction and not contest it in anyway.

Before placing an order you are advised to check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.

"We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time".

Credit card details:

You agree, understand and confirm that the credit card details provided by you for availing of services on the Site will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to Gingerbread.

Gingerbread Discount Coupon:

Discount coupon can be redeemed or availed only on www.gingerbread.co.in

Discount coupon cannot be redeemed for purchasing a Gift Voucher or an e-Voucher

Only one coupon is applicable for an order and it cannot be clubbed with other offers.

Discount is available only on the product price and it is not applicable for Shaping /shipping/delivery charges.

For availing the discount a customer has to purchase goods worth Rs. 350/- or more in a single transaction and make a valid payment for it.

Gingerbread reserves the exclusive right to contact the participants of this offer for future promotions / schemes by email / letter/ telephones and the participating consumers agree to receive these calls/communications.

Gingerbread reserves the right to modify, withdraw, alter, extend or discontinue the scheme during or after the validity of the scheme.

Other general terms mentioned on this page are applicable.

Gingerbread Gift Vouchers:

There 2 types of Gift Vouchers – Virtual (herein after referred to as “e-Vouchers”) and Physical (herein after referred to as “Gift Vouchers”). The “e-Vouchers” can be redeemed only on www.gingerbread.co.in and cannot be redeemed in any of the Gingerbread Cake Shops. Similarly, the “Gift Vouchers” can be redeemed only in any of the Gingerbread Cake Shops and but not on www.gingerbread.co.in . A location where a Gift Voucher or an e-Voucher can be redeemed is referred to in these Terms and Conditions as a "Franchisee or Site" respectivley.

An e-Voucher and a Gift Voucher are prepaid payment devices that come with a PRODUCT EXCHANGE. They are not credit Vouchers, charge Vouchers or debit Vouchers.

Gift Vouchers (both e-Vouchers as well as Gift Vouchers) cannot be purchased by using Discount Coupon Codes.

Every e-Voucher carries a unique “e-Voucher Code” which needs to be submitted while redeeming it on www.gingerbread.co.in

Similarly, every Gift Voucher has to be physically submitted to Gingerbread outlet in original in order to redeem it.

To use a Gift Voucher or an e-Voucher at a Franchisee or on Site respectively, present them at the time of payment. They entitle the bearer to exchange it for only the value they carry. The bearer of a Gift Voucher has to select a product from amongst the ones available with the Franchisee or on Site at the time of exchange.

Gingerbread is not responsible for lost, stolen, or misused Gift Voucher or an e-Voucher. Risk of loss passes to the purchaser of the Gift Voucher or an e-Voucher and upon handing over of a Gift Voucher or an e-Voucher to the recipient.

A Gift Voucher or an e-Voucher has an expiration date mentioned on the voucher.

A Gift Voucher or an e-Voucher is nonrefundable and cannot be redeemed for cash value.

Gingerbread reserves the right to cancel an issued Gift Voucher or an e-Voucher and/or request alternative forms of payment if a fraudulently obtained a Gift Voucher or an e-Voucher is either redeemed through the www.gingerbread.co.in website and/or is used to make purchases in Gingerbread Exclusive Cake Shops.

IN THE EVENT A GIFT VOUCHER OR AN E-VOUCHER IS NON-FUNCTIONAL, THE RECIPIENT AND PURCHASER'S SOLE REMEDY, AND Gingerbread SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH A GIFT VOUCHER OR AN E-VOUCHER.

In case if any Franchisee refuses to honor the Gift Voucher or for any other problems if a Franchisee or the Site fails to honor a Gift Voucher or an e-Voucher, please contact us to report the incident.

We may change the terms of, or add new terms to, these Terms and Conditions at any time, with or without cause, and without giving you notice. In addition, we may suspend, cancel, add, modify or delete any feature offered in connection with your Gift Voucher or an e-Voucher at our sole discretion at any time, with or without cause, and without giving you notice. The Gift Voucher or an e-Voucher is Gingerbread property.

A Gift Voucher or an e-Voucher and their use are subject to the Gingerbread Terms of Service and Privacy Policy, which are incorporated herein above. In the event of a conflict these a Gift Voucher or an e-Voucher terms and conditions shall control.

Suspension due to non-compliance with Agreement :

Notwithstanding other legal remedies that may be available to Gingerbread, Gingerbread may in its sole discretion limit User activity by immediately removing User listing either temporarily or indefinitely or suspend or terminate User membership, and/or refuse to provide User with access to the Site,

If the User is in breach any of the terms and conditions of this Agreement;

If the User has provided wrong, inaccurate, incomplete or incorrect ination;

If your actions may cause any harm, damage or loss to the other Users or Gingerbread.

Illegal and/or unauthorized use of the Site, including unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.

Indemnity

User agrees to defend, indemnify and hold harmless Gingerbread, www.gingerbread.co.in , its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including lawyers/attorney's fees, caused by or arising out of claims based upon the use of User's actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User's infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.

This clause shall survive the expiry or termination of this Agreement.

Governing Law and Jurisdiction:

This website is created and controlled by Bhojanalaya Hospitality Pvt. Ltd. in Chennai, India and the laws of India shall apply. This agreement is governed and construed in accordance with the Laws of Union of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Chennai, in all disputes arising out of or relating to the use of the Gingerbread Sites. Use of the Gingerbread Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold Gingerbread, its subsidiaries, affiliates, directors, officers and employees, harmless any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of your use of or conduct on the Gingerbread Site.

Copyright :

Unless otherwise indicated, all content on this site, including text, graphics, images, and logos, is the property of Gingerbread or its content suppliers and is protected by International copyright laws and regulations.

In addition, Gingerbread 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 expressly provided herein, Gingerbread does not grant any express or implied right to you. Gingerbread actively and aggressively enforces its intellectual property rights to the fullest extent of the law. The contents of this site are Copyright (c) 2013 Gingerbread , All rights reserved.

Trademarks :

Gingerbread and other names, graphics, logos, and icons identifying Gingerbread or its products or services are the proprietary marks of Gingerbread. These trademarks may not be used in connection with any product or service that is not offered by Gingerbread, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Gingerbread. All other trademarks not owned by Gingerbread and Bhojanalaya Hospitality Private Limted that appear on this site are the property of their respective owners.

Entire Agreement :

These Terms and Conditions, together with privacy policy, and other rules and policies posted on the site, which are hereby incorporated as set forth fully in these Terms and Conditions, constitute the entire agreement between you and Gingerbread with respect to your use of and material available through the site, and they supersede all prior or contemporaneous communications and proposals between you and Gingerbread with respect to this site. Any rights not expressly granted in these Terms and Conditions are reserved.

Submissions :

Gingerbread welcomes your comments about your experiences shopping with us and your suggestions about how to improve this site. Any comments, ideas, suggestions, recommendation, or any other content you contribute to Gingerbread or this site (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Gingerbread to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works , display worldwide, or act on such content, without additional approval or consideration, in any , 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 represent and warrant that you own or otherwise control all of the rights to the content that you contribute to this site and that use of your content by Gingerbread will not infringe upon or violate the rights of any third party.

General :

In the event that any provision contained in these Terms and Conditions is held by a court of competent jurisdiction to be contrary to any law, the remaining provisions of these Terms and Conditions will remain in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Gingerbread as a result of these Terms and Conditions or your use of this site. The waiver by Gingerbread of one breach or default under these Terms and Conditions shall not constitute the waiver of any subsequent or other breach or default.

Important Notice to Webmasters :

Regarding the use of trademarked names in meta tags 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, meta tags, and/or hidden text for purposes of gaining higher rankings search engines is unfair competition.

Linking to any Gingerbread web page is prohibited absent express written permission Gingerbread. Framing the Gingerbread website with links, advertisements and/or other ination not originating the Gingerbread website is expressly prohibited. Welcome to Gingerbread, an online shopping portal provided by Bhojanalaya Hospitality Pvt. Ltd. The terms and conditions contained herein along with the Privacy Policy an Agreement regulating our relationship with regard to the use of www.gingerbread.co.in by you. You are advised to read this Agreement carefully. If you are not agreeable to any terms and conditions, you should not use this shopping portal. You can use www.gingerbread.co.in Shopping Services if you are agreeable to all the terms and conditions of this Agreement in their entirety. If you accept this agreement, it will be a legally binding agreement between you and Bhojanalaya Hospitality Pvt. Ltd.(for shopping on www.gingerbread.co.in).