Terms and Conditions (2024)

Terms of Service
Welcome to www.cafedesireonline.com website.

Please read the following terms and conditions (“Terms”) very carefully as your use of the Website’s services (“Services”) is subject to your acceptance of, and compliance with, these Terms.

In these Terms, references to “you”, “User”, or “Member” shall mean the end user accessing the Website, and its contents, and using the Services offered through the Website, “Service Providers” mean independent third party service providers, and “we”, “us” and “our” shall mean the Company.

Before you begin, please review our Privacy Policy, as we will require certain personal information such as your name, email address, billing and delivery information, where we will safeguard and use this information as noted. By using our service (“Service”) you are deemed to have read and accepted these terms and conditions set forth, thus forms a binding legal agreement between you and The Cafe Desire pursuant to which you agree to comply with the Terms of Service, and use this website only in a manner consistent with this Terms of Service. If you do not agree with any part of the Terms of Service, please do not access this website.

Acceptance of Terms

• The Cafe Desire provides services to you subject to the following terms and conditions of use (“Terms of Use”), which may be amended by us from time to time with no notice to you. When using any The Cafe Desire service you are also subject to any rules or guidelines which may be posted, or emailed from time to time. All such rules or guidelines are hereby incorporated by reference into these Terms of Use. You should visit the Website regularly to ensure that you are aware of any changes to these Terms of Use.
• Your continued use of the Website constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to abide and be bound by these Terms of Use and any amendments.
• Governing Law and Jurisdiction: This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Bangalore shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by The Cafe Desire and his decision shall be final and binding on the parties hereto.
• • Your Account: If you use this site, 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. The Cafe Desire does facilitate the sale of products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use The Cafe Desire only with involvement of a parent or guardian. The Cafe Desire reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
• Reviews, Comments, Communications, and Other Content: Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Cafe Desire reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
• If you do post content or submit material, and unless we indicate otherwise, you grant The Cafe Desire a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant The Cafe Desire and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify The Cafe Desire for all claims resulting from content you supply. The Cafe Desire has the right but not the obligation to monitor and edit or remove any activity or content. The Cafe Desire takes no responsibility and assumes no liability for any content posted by you or any third party.

Accuracy of Information

• All material on the Website is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of the Website is at your sole risk. Access to the Website is provided on an ‘as available’ basis. Neither The Cafe Desire, its related bodies corporate nor its or their directors or employees make any representation or warranty that:
• o Any material on the Website will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or
• o Your access to the Website will be uninterrupted, timely or secure.
• Disclaimer: Actual product packaging and materials may contain additional and/or different ingredient, nutritional or proper usage information than the information displayed on our website. You should not rely solely on the information displayed on our website and you should always read labels, warnings and directions prior to using or consuming a product. If you have questions or require more information about a product, you should contact the manufacturer directly. Content on this website is for general reference purposes only and is not intended to substitute for advice given by a physician, pharmacist or other licensed health care professional. You should not use the information presented on this website for self-diagnosis or for treating a health problem. The Cafe Desire assumes no liability for inaccuracies or misstatements regarding any product.
• Copyright Complaints: The Cafe Desire respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us with the appropriate information.
• The Cafe Desire will not be liable for loss resulting from any action or decision by you in reliance on the information on the Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

Terms of Use

You agree and confirm

• That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by The Cafe Desire for redelivery shall be claimed from you.
• That you will use the services provided by the Site, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site.
• You will provide authentic and true information in all instances where such information is requested of you. The Cafe Desire reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever.
• 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.
• That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
• That before placing an order you will check the product description carefully. By placing an order on this website for a product you agree to be bound by the conditions of sale included in the item’s description.

• Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
• Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
• Gaining unauthorized access to other computer systems.
• Interfering with any other person’s use or enjoyment of the Site.
• Breaching any applicable laws;
• Interfering or disrupting networks or web sites connected to the Site.
• Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.