Terms & Conditions

  • MicroBinary is proprietorship registered under Goods and Service Tax and Udyog Adhaar is registered owner of Bake-Bay.com (the Website) dealing in retailing of food and non-food products.
  • This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
  • This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Bale-Bay.com (the Website) through computer, tab or mobile or through any electronic aid that support the Website .
  • Your use of the Website and services and tools are governed by the following terms and conditions (“Terms & Conditions”) as applicable including the policies which are incorporated, amended from time to time. By use of the Website You shall be contracting with MicroBinary, owner of Bake-Bay.com and all such terms and conditions including the policies constitute your binding obligations, with MicroBinary.
  • For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer through the Website by providing Registration Data while registering on the Website/Mobileapp as Registered User using the computer systems/tab or mobile application. MicroBinary allows the User to surf the Website/ Mobileapp or making purchases after registering on the Website/Mobileapp. The term “We”, “Us”, “Our” shall mean MicroBinary.
  • When You use any of the services provided by us through the Website/Mobileapp, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, amendments, terms and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms & Conditions and shall be considered as part and parcel of this Terms & Conditions. We reserve the right, at Our sole discretion, to change, modify, add or remove any portions of these Terms & Conditions, at any time without any prior notice to You. It is Your responsibility to review these Terms & Conditions periodically for updates/changes. Your continued use of the Website/Mobileapp following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms & Conditions, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website/Mobileapp.

Services Overview

As part of the registration process on the Website/Mobileapp, MicroBinary/Bake-Bay.com may collect the following details personally identifiable information about you: Name including first and last name, alternate email address, mobile phone number and contact details, present and permanent address, Postal code, Demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information.

Eligibility

Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use/access the Website/Mobileapp.

However, if you are a minor, i.e. under the age of 18 years, you may use/access the Website/Mobileapp under the supervision of an adult parent or legal guardian who agrees to be bound by these Terms & Conditions. You are, however, prohibited (even under provision) from purchasing any product(s) which is for adult consumption, the sale of which to minors is prohibited.

The Website/Mobileapp is intended to be for end-consumers desirous of purchasing product(s) for domestic self-consumption. If you are a retailer, institution, wholesaler or any other business user, you are not eligible to use the Website/Mobileapp to purchase products from third-party sellers, who have been granted access to the Website/Mobileapp to display and offer their products for sale through the Website/Mobileapp.

The Website/Mobileapp, in its sole discretion and without liability, reserves the right to terminate or refuse your registration, or refuse to permit use/access to the Website/Mobileapp, if: (i) it is discovered or brought to notice that you do not conform to the eligibility criteria, or (ii) the Website/Mobileapp has reason to believe (including through evaluating usage patterns) that the eligibility criteria is not met/is violated by a user, or (iii) may breach the terms of this User Agreement.

In order to determine compliance with eligibility criteria, the Website/Mobileapp inter alia uses an algorithm and/or pre-determined criteria based technology and accordingly, from time to time, your usage may be restricted or blocked on account of overlap with such algorithms/pre-determined criteria. In such cases, if you are a genuine domestic user of the Website/Mobileapp, please contact us for assistance.

License & Site access

MicroBinary grants you a limited sub-license to access and make personal use of this Website/Mobileapp and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MicroBinary. The Website/Mobileapp and its source code is exclusive property of MicroBinary. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without express written consent of MicroBinary. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website/Mobileapp or of MicroBinary and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Website/Mobileapp’s or MicroBinary’s name or trademarks without the express written consent of MicroBinary. Any unauthorized use terminates the permission or license granted by MicroBinary.

Account & Registration Obligations

All users/shoppers/buyers must register and log in for placing orders on the Website/Mobileapp. You must keep your account and registration details current and correct for all communications related to your purchases from the Website/Mobileapp. By agreeing to the Terms of Use, the user agrees to receive promotional or transactional communication and newsletters. The user/shopper/buyer can opt out from such communication and/or newsletters by contacting the customercare and placing a request for the same.

As part of the registration process on the Website/Mobileapp, we may collect the following personally identifiable information about you, including but not limited to Name, email address, age, address, mobile phone number and other contact details, demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the Website/Mobileapp you visit/access, the links you click on the Website/Mobileapp, the number of times you access a particular page/feature and any such information. Information collected about you is subject to the Privacy Policy of the Website/Mobileapp, which is incorporated in these Terms & Conditions by reference.

Pricing

All the products listed on the Website/Mobileapp will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate on a daily basis but some of the commodities and fresh food prices do change on a daily basis. In case the prices are higher or lower on the date of delivery not additional charges will be collected or refunded as the case may be at the time of the delivery of the order.

Cancellation by the Website/Mobileapp/Customer

You as a customer can cancel your order at least 2 hours before the start time of your delivery slot, you can simply raise a support ticket, email us or call our customercare & request this change. Refunds will be credited to your ‘My Wallet’ account. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the Website / Mobileapp, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.

Return & Refunds

In case of any returns, we allow returns at the time of delivery. The delivery person will take the returned product back with us and issue a credit note for the value of the return products which will be credited to your “My Wallet” account.

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 us for redelivery shall be claimed from you.
  • That you will use the services provided by the Website/Mobileapp, its affiliates, consultants and contracted companies, are 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. MicroBinary 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 Website/Mobileapps without prior intimation whatsoever.
  • That you are accessing the services available on this Website/Mobileapp and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website/Mobileapp.
  • 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 for a product you agree to be bound by the conditions of sale included in the item’s description.

You may not use the Website / Mobileapp for any of the following purposes:

  • Disseminating any unlawful, harassing, libelous, 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 Website / Mobileapp.
  • Breaching any applicable laws;
  • Interfering or disrupting networks or web Website/Mobileapp/ connected to the Website/Mobileapp Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Product Display

We have made every effort to display the products that appear on the Website/Mobileapp as accurately as possible. However, as the actual image you see will depend on your monitor/gadget screen, we cannot guarantee that your gadget’s display of any colour will be accurate.

Modification of Terms & Conditions of Service

MicroBinary may at any time modify the Terms & Conditions of Use of the Website/Mobileapp without any prior notification to you. You can access the latest version of these Terms & Conditions at any given time on the Site. You should regularly review the Terms & Conditions on the Site. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Website/Mobileapp.

Governing Law and Jurisdiction

This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Lucknow 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 MicroBinary and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Lucknow. The High Court of judicature at Lucknow alone shall have the jurisdiction and the Laws of India shall apply.

Reviews, Feedback, Submissions

  • All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Site on or by this Website / Mobileapp or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain the property of MicroBinary.
  • Such disclosure, submission or offer of any Comments shall constitute an assignment to MicroBinary of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, MicroBinary owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments.
  • MicroBinary will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. MicroBinary is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website / Mobileapp will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website / Mobileapp will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
  • MicroBinary does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website / Mobileapp. You grant MicroBinary the right to use the name that you submit in connection with any Comments.
  • You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify MicroBinary and its affiliates for all claims resulting from any Comments you submit. MicroBinary and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Copyright & Trademark

  • Bake-Bay.com, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website / Mobileapp Access to this Website / Mobileapp does not confer and shall not be considered as conferring upon anyone any license under any of MicroBinary or any third party’s intellectual property rights.
  • All rights, including copyright, in this Website / Mobileapp are owned by or licensed to MicroBinary. Any use of this Website / Mobileapp or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of MicroBinary.
  • You may not modify, distribute or re-post anything on this Website / Mobileapp for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of MicroBinary/Bake-Bay.com, its affiliates, its partners or its suppliers.
  • All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Website / Mobileapp. Access to this Website / Mobileapp does not authorize anyone to use any name, logo or mark in any manner. References on this Website / Mobileapp to any names, marks, products or services of third parties or hypertext links to third party Website / Mobileapp or information are provided solely as a convenience to you and do not in any way constitute or imply MicroBinary/Bake-Bay.com endorsement, sponsorship or recommendation of the third party, information, product or service. MicroBinary is not responsible for the content of any third party Website / Mobileapp and does not make any representations regarding the content or accuracy of material on such Website / Mobileapp.
  • If you decide to link to any such third party Website / Mobileapp, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website / Mobileapp (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website / Mobileapp for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website / Mobileapp or any related software.
  • All software used on this Website / Mobileapp is the property of MicroBinary/Bake-Bay.com or its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this Website / Mobileapp may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website / Mobileapp/ is strictly prohibited.
  • Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by MicroBinary, one of its affiliates or by third parties who have licensed their materials to MicroBinary and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website / Mobileapp is the exclusive property of MicroBinary and is also protected by Indian and international copyright laws.

Objectionable Material

You understand that by using this Website / Mobileapp or any services provided on the Website / Mobileapp, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website / Mobileapp and any service at your sole risk and that to the fullest extent permitted under applicable law, MicroBinary and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

Warranties and Liabilities

MicroBinary/Bake-Bay.com shall make no representation with regard to quality, colour, specifications, image, performance, material, ingredients etc. MicroBinary’s endeavours to make available the products ‘as is’ where basis. The liability of MicroBinary/Bake-Bay.com is limited to the extent of displaying.

Indemnity

You agree to defend, indemnify and hold harmless MicroBinary/Bake-Bay.com, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to MicroBinary/Bake-Bay.com or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your violation 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 User Agreement.

Termination

This User Agreement is effective unless and until terminated by either you or MicroBinary/Bake-Bay.com. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Website / Mobileapp. MicroBinary/Bake-Bay.com may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website / Mobileapp, Such termination will be without any liability to MicroBinary/Bake-Bay.com. Upon any termination of the User Agreement by either you or MicroBinary/Bake-Bay.com, you must promptly destroy all materials downloaded or otherwise obtained from this Website / Mobileapp, as well as all copies of such materials, whether made under the User Agreement or otherwise. MicroBinary/Bake-Bay.com’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website / Mobileapp or affect any liability that may have arisen under the User Agreement.

Coupon Usage - Terms & Conditions

  • No two offers can be clubbed together
  • Coupon discount will be only to the maximum amount mentioned in the coupon
  • Coupon discount is not applicable to Promotional Items and the value of coupon discount will reduce by proportionate sale amount of Promotional Items.
  • The Value and Duration of the Coupon may change at the sole discretion of Bake-Bay.com