Terms & Conditions - Kathleen Confectioners

WHO ARE TO BE CONCERNED:

KATHLEEN CONFECTIONERS, a registered Partnership Firm, governed by the Indian Partnership Act,1932, having its office situated at 12, Free School Street, Kolkata-700 016, Police Station: New Market, being represented by its partner, Shri Varun Pradhan, called as the MANUFACTURER/ FRANCHISER (which terms and expression shall unless excluded by or repugnant to the context and/or subject be deemed to mean and include his/ its heirs, executors, administrators, legal representatives, successors in interest, successors in office and assign), hereinafter called and referred to as the “Kathleen Confectioners”.

AND

……………. a Proprietorship/Partnership concern having its place of business at …………………, Kolkata –………, being represented by its proprietor/partner, …………… hereinafter called and referred to as the “DEALER“, as mentioned in the respective dealership agreements.

AND

“CONSUMERS /END USERS” are the buyers, purchasers and/or any person or an entity who is/are going to avail and consume the Kathleen Confectioners’ products.

ALL THE PARTIES SHALL BE JOINTLY REFERRED TO AS “THE PARTIES”.

WHEREAS KATHLEEN CONFECTIONERS is engaged in the business of manufacturing and selling of bakery products under the style and brand name of “KATHLEEN CONFECTIONERS” in and around the State of West Bengal.

AND WHEREAS the Dealer approached the Kathleen Confectionersto grant dealership in its favour for sale of the Kathleen Products as aforesaid and the Dealer has indicated its intention to buy the products from the Kathleen Confectioners and sell them under the established brand of KATHLEEN CONFECTIONERS or any other brand with which Kathleen Confectioners might have a “Sale of Merchandise Agreement or any other agreement / agreement of like nature”, as per the directions of Kathleen Confectioners and has identified the premise / shop as the premises from which the sale of the Products would be conducted and carried on, by way of a Dealership Agreement, previously executed and is existing with Kathleen Confectioners on terms and conditions set forth therein.

AND WHEREAS the Consumer / End User are the prospective buyers who would usually purchase the confectioneries/ bakeries from the party of the Dealer.

NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO ON THE FOLLOWING TERMS AND CONDITIONS:

(1.) Definitions:

“Terms and Conditions” means the terms and conditions as detailed herein including all schedules, appendices, annexure, privacy policy and will include the references to this terms and conditions as amended, supplemented, varied or replaced time to time.

www.kathleenshop.com or the “Site” means the online portal owned and operated by Kathleen Confectioners, which provides a platform to the Consumers / End Users to get information of the products listed on site.

“Dealer” shall mean the person or any legal entity who offers for sale, sells the products or services on www.KathleenShop.Com / along with outlets of Kathleen Confectioners from where the confectionaries / bakeries will be handed over to the Consumers / End Users if they are purchasing the products.

“Consumer”/ “End User” means and includes buyers and/or any person or an entity including Dealer using or accessing the services provided and through this Site.

“Products” of Kathleen Confectioners includes cakes, handmade Cookies, vegetarian and non-vegetarian savouries, sweets and chocolates and other products as and when available.

(2. 1.) PRIVACY POLICY:

Kathleen Confectioners Covenants with the DEALER and Consumers / End Users : The Kathleen Confectioners and the DEALER are committed to safeguard the privacy of the Consumers / End Users. The Consumers/End Users shall continue to trust the Kathleen Confectioners and the DEALER with their personal identifiable data, voluntarily provided by the Consumers/End Users. When the CONSUMERS /END USERS interact with the Kathleen Confectioners and the DEALER, the Consumers / End Users may share its personal data with the Kathleen Confectioners and the DEALER which allows identification of the Consumers / End Users as a person and in doing so the Consumers / End Users is hereby giving accord or full permission to the Kathleen Confectioners to access, use, present and do the needful with the personally identifiable data of the party of the Consumers / End Users for the purpose of rendering service to the customers/end users, for promotion of their products and time to time enlightening the parties of the Consumers / End Users with the various information regarding the products of the party of the Kathleen Confectioners.

(2. 2.)

Personally identifiable data / information with respect to the present terms and conditions means the name, address, email, contact number etc. of the CONSUMERS /END USERS. All this will fall under the purview of “personal data”.

The Kathleen Confectioners is the sole, absolute owner and custodian of the information collected, collated, designed, showed in the website having url, www.KathleenShop.Com .This privacy statement applies only to information collected, collated, designed, showed by this Site.

(2. 3.) Communications from the Site :

(a.) Special Offers and Updates –

The Kathleen Confectioners may occasionally send the Consumers / End Users information on products, services, special deals and promotions using the personal identifiable information provided or collected by the Consumers / End Users by way of cookies or otherwise. However, the Kathleen Confectioners and the DEALER present the Consumers / End Users an option to discontinue receiving these types of communications.

(b.) Press Releases and Newsletters –

If the Consumers / End Users request to receive the press release(s) or newsletter(s), of the Kathleen Confectioners, the Kathleen Confectioners and the DEALER will use the name and email address to send these documents to the Consumers / End Users. However, out of respect for the privacy, if the Consumers / End Users subsequently wish to remove it’s personal identifiable information / data, so stored from this mailing list, the same should be intimated to the Kathleen Confectioners and the DEALER and if it is possible from the practical and technical point of view, the Kathleen Confectioners and the DEALER shall do the needful.

(c.) Service-Related Announcements –

The Kathleen Confectioners and the DEALER shall strictly send the Consumers / End Users service-related announcements on rare occasions when it is necessary to do so. For instance, if the Kathleen Confectioners and the DEALER service is temporarily suspended for maintenance, the Kathleen Confectioners and the DEALER might send the Consumers / End Users an email informing the Consumers / End Users about this.

(d.) Communications –

The Consumers / End Users consent to receive any and every kind of communications from the Kathleen Confectioners and the DEALER by e-mail, SMS or any other communication made electronically, verbally or physically through post. The Consumers / End Users agree that all agreements, notices, disclosures and other communications that the Kathleen Confectioners and the DEALER provides to the Consumers / End Users by e-mail or in any other aforementioned mediums satisfy any legal requirement that such communications be in writing.

(e.) Legal Disclaimer –

The Kathleen Confectioners and the DEALER reserves the right to disclose the Consumers / End User’s personally identifiable information as required by law and when the Kathleen Confectioners and the DEALER believes that disclosure is necessary to protect the rights and/or to comply with a judicial proceeding, court order, or legal process by the Kathleen Confectioners and the DEALER served on the Website or in Kathleen Confectioners’ good faith judgment such legal disclosures are reasonably necessary to comply the law of the land.

If the Consumers / End Users no longer wish to receive press releases, newsletter and promotional communications by the Kathleen Confectioners and the DEALER, the Consumers / End Users may opt-out of receiving them by following the instructions included in each newsletter or communication.

(f.) Log Files –

As is true of most Websites, the Kathleen Confectioners and the DEALER gather certain information automatically and store it in log files. This information includes Internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and click stream data.

The Kathleen Confectioners and the DEALER use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about the Kathleen Confectioners and the DEALER user base as a whole.

The Kathleen Confectioners and the DEALER do not link this automatically collected data to personally identifiable information of the Consumers / End Users.

(3.) Cookies Policy :

The Kathleen Confectioners and the DEALER use cookies on this site. A cookie is a small text file that is stored on a user’s computer for record-keeping purposes.

(a.) Clear Gifs –

The Kathleen Confectioners and the DEALER does not use clear gifs in their HTML-based emails. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users and to let companies know which emails recipients have opened, allowing them to gauge the effectiveness of certain communications and the effectiveness of their online marketing campaigns. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence.

(b.) Links to Other Sites –

This terms and conditions will be applied only to information collated by this Website. This Website contains links to other sites that are not owned or controlled by Kathleen Confectioners, hence the Kathleen Confectioners and the DEALER will have no liabilities with respect to any data breach or privacy breach, committed by or on behalf of the Owner or originator of those links.

The Kathleen Confectioners and the DEALER encourage the Consumers / End Users to be aware when they leave the site of the Kathleen Confectioners and the DEALER and to read the privacy statements of each and every website the Consumers / End Users should access to review their privacy practices. It is pertinent to mention here that when the Consumers / End Users are accessing the site of the Kathleen Confectioners and the DEALER, it is implied that the Consumers / End Users have carefully read and understood the terms and conditions as set forth in the site.

(c.) Access to Personally Identifiable Informationted Announcements –

If the Consumers / End User’s personally identifiable information changes, or if the Consumers / End Users no longer desire the service of the Kathleen Confectioners and the DEALER, the Consumers / End Users may correct, update, or delete by emailing the concerned Customer Support.

(d.) Security –

The security of the Consumers / End User’s personal information is important to the Kathleen Confectioners and the DEALER. The Kathleen Confectionersand the DEALER do not use any encryption on its forms, as it does not collect credit card numbers, social security numbers or any other sensitive information that can be used in identity theft.

(e.) Business Transitions –

In the event the Kathleen Confectioners goes through a business transition, such as a merger, acquisition by/with another company, or sale of all or a portion of its assets, the Consumers / End User’s personally identifiable information will likely be among the assets transferred. The Consumers / End Users will be notified via prominent notice on the Kathleen Confectioners and the DEALER’s Website for 30 days of any such change in ownership or control of the Consumers / End User’s personal information.

(f.) Changes in this TERMS AND CONDITIONS –

If the Kathleen Confectioners and the DEALER decide to change its TERMS AND CONDITIONS, the Kathleen Confectioners and the DEALER will post such changes to the existing TERMS AND CONDITIONS on the homepage of the website and such other places as the Kathleen Confectioners and the DEALER deem appropriate and proper so that the Consumers / End Users are aware of what information the Kathleen Confectioners and the DEALER collect, how it is used, and under what circumstances, if any, the Kathleen Confectioners and the DEALER disclose it.

The Kathleen Confectionersand the DEALER reserves the right to modify this TERMS AND CONDITIONS at any time, and all the modifications hereby will be effective immediately on posting on the website and that the Consumers / End Users will review this statement every time he / she access to the site, so that the Consumers / End Users are aware of and agree to all the modifications made to this statement.

(4. 1.) TERMS OF USE :

The TERMS AND CONDITIONS contained herein includes the Privacy Policy regulating the Kathleen Confectioners and the DEALER relationship with regard to the use of www.KathleenShop.Com by the Consumers / End Users. The Consumers / End Users are hereby advised to read this TERMS AND CONDITIONS carefully. If the Consumers / End Users do not agree to any clause of this TERMS AND CONDITIONS, then he/she is not authorized to access this site. The Consumers / End Users can use www.KathleenShop.Com only if they agree to all the clauses of this TERMS AND CONDITIONS in its entirety. If the Consumers / End Users accept this TERMS AND CONDITIONS, it will be a legally binding norm between the parties i.e. Consumers / End Users and the Kathleen Confectioners and the DEALER.

(4. 2.) MODIFICATION OF TERMS AND CONDITIONS :

The Kathleen Confectioners may at any time modify the TERMS AND CONDITIONS contained on the Site without any prior notification to the Consumers / End Users. The Consumers / End Users can access the latest version of the TERMS AND CONDITIONS at any given time. The Consumers / End Users should regularly review the TERMS AND CONDITIONS. In the event the modified TERMS AND CONDITIONS are not acceptable to the Consumers / End Users, he / she may discontinue using the site. However, if the Consumers / End Users continue to use the site the Consumers / End, it will be deemed that the Consumers/ Users have agreed to accept and abide by the modified TERMS AND CONDITIONS.

(4. 3.) ELIGIBILITY :

The Consumers / End Users represent and warrant that he / she is competent and eligible to enter into a legally binding TERMS AND CONDITIONS and have the requisite authority to bind the other party to this TERMS AND CONDITIONS. The Consumers / End Users shall not use this Site if he / she is not competent to contract under the applicable laws, rules and regulations. The Consumers / End Users have to be major i.e. above 18 years old and no individual below 18 years should be able to rendering service without the explicit consent or representation of his or her natural guardian. Hence if the party of the Consumers / End Users never disclose or skip to disclose or avoid to disclose his or her minority in terms of age parties of the Kathleen Confectioners and the second will not be and can never be held responsible for any non – compliance of legal provisions, existing or may be in force in the days to come. The Consumers/ End Users shall use the Website only for the purpose of availing the services as mentioned hereinabove and shall not use the website for any illegal, unlawful purposes and shall not make any attempt to have unauthorized access into the confidential information.

(5.) GIFT VOUCHERS :

A Gift Voucher is a prepaid payment device that comes with a PRODUCT EXCHANGE and which can be in physical as well as in E-form. They are not credit Vouchers, charge Vouchers or debit Vouchers.
Gift Vouchers can be redeemed only in any of the Kathleen Confectioners Cake Shops i.e. the “Outlet or Site” or on the website of www.KathleenShop.Com.
Gift Vouchers cannot be purchased by using Discount Coupon Codes.
Every Gift Voucher has to be physically submitted to a Kathleen Confectioners Franchisee in case of physical Gift Vouchers in original in order to redeem it and in case of E-form of Gift vouchers thus can be redeemed on virtually only.
To use a Gift Voucher at a Franchisee, 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 Outlet at the time of exchange.
The Kathleen Confectioners is not responsible for lost, stolen, or misused Gift Voucher. Risk of loss passes to the purchaser of the Gift Voucher and upon handing over of the Gift Voucher to the recipient.
A Gift Voucher / Coupon Code / Reward Points has an expiration date as it was specified on/with the same.
While there is “valid through” period, the entitlements on a Gift Voucher do not expire. The Consumers / End Users may not use a Gift after the “valid through” period.
A Gift Voucher is non-refundable and cannot be redeemed for cash value.
The Kathleen Confectioners reserves the right to cancel an issued Gift Voucher and/or request alternative forms of payment if a fraudulently obtained Gift Voucher is used to make purchases in Kathleen Confectioners Cake Shops.
In the event a gift voucher is non-functional, the Consumers / End User’s sole remedy, and the Kathleen Confectioners’ sole liability, shall be the replacement of such gift voucher.
In case if any Outlet/Dealer refuses to honor the Gift Voucher or for any other problems if an Outlet fails to honor a Gift Voucher, as well as in case if any issues arise with the honouring of E-form of gift voucher, the Consumers / End Users may reach out to the Customer Service Team on kathleenconfectioners@gmail.com for redressal of the same.
The Kathleen Confectioners and the DEALER may change the terms of, or add new terms to, these Terms and Conditions at any time, with or without cause, and without giving notice to the Consumers / End Users. In addition, the Kathleen Confectioners and the DEALER may suspend, cancel, add, modify or delete any feature offered in connection with the Gift Voucher at The Kathleen Confectioners sole discretion at any time, with or without cause, and without giving notice to the Consumers / End Users. The Gift Voucher is the property of the Kathleen Confectioners.
A Gift Voucher and their use are subject to the Kathleen Confectioners’ TERMS AND CONDITIONS and Privacy Policy, which are incorporated herein above. In the event of a conflict arose between the Gift Voucher’s terms and conditions and this instant TERMS AND CONDITIONS, the later shall prevail.

(6.) Suspension due to non-compliance :

Notwithstanding other legal remedies that may be available to the Kathleen Confectioners, it may in its sole discretion limit the user’s activity by immediately removing the Consumer / End user listing either temporarily or indefinitely or suspend or terminate the Consumers / End Users membership, and/or refuse to provide with access to the Site –

If the Consumers / End Users –

breach any of the terms and conditions;
have provided wrong, inaccurate, incomplete or incorrect information;
any action causing any harm, damage or loss to the other consumers / End users or to the Kathleen Confectioners.

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 or any other remedy available in law for the time being in force in India.

(7.) Indemnity :

The Consumers / End Users agree to defend, indemnify and hold harmless to the Kathleen Confectioners, www.KathleenShop.Com, its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims due to the Consumers / End 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 the Consumers / End User’s obligations under this TERMS AND CONDITIONS or arising out of the 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 TERMS AND CONDITIONS.

(8.) Governing Law and Jurisdiction:

This website is created and controlled by the Kathleen Confectioners in Kolkata, India and the laws of India shall apply and Kathleen Confectioners intends to do business within the geographical limits of West Bengal. This agreement is governed and construed in accordance with the Laws of Union of India. The Consumers / End Users hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Kolkata, West Bengal India, in all disputes arising out of or relating to the use of the Kathleen Confectioners’ Sites. Use of the Kathleen Confectioners is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation stated in this paragraph. The Consumers / End Users agree to indemnify and hold the Kathleen Confectioners, its subsidiaries, affiliates, directors, officers, agents, employees, harmless if any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any Consumers / End Users arise due to the Consumers / End User’s use of or conduct on the Site of the Kathleen Confectioners.

(9.) Dispute Resolution:

Disputes arising out of and in the course of discharge of obligation under this terms and conditions, or regarding it’s interpretation, shall be settled by amicable discussion and reconciliation. If after such amicable discussion and reconciliation the dispute remains unresolved for period of 15 days from the date on which such amicable discussion commenced, then such disputes shall be referred to a sole arbitrator, to be appointed by the director of the Kathleen Confectioners. The venue of the arbitration shall be at Kolkata and the cost of arbitration shall be borne equally by the Consumers / End Users and the Kathleen Confectioners. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act ,1996, as amended up to date.

(10.) Copyright:

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

In addition, the Kathleen Confectioners 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, the Kathleen Confectioners does not grant any express or implied right license to the Consumers / End Users. The Kathleen Confectioners actively and aggressively enforces its intellectual property rights to the fullest extent of the law. The contents of this site are copyrighted in favour of Kathleen Confectioners, All rights reserved.

(11.) Trademarks:

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

(12.) The Refund and Return Policy:

If the Consumers / End Users cancel the order atleast 48 hours prior to the date of the delivery, he shall be eligible for a Full Refund. No refund will be made in case the Consumers / End Users want to cancel the order of delivery while it is less than 48 hrs away i.e. the Consumer / End User has to cancel any order keeping in hand at least 48 hrs and for less than 48 hrs from the date and time of delivery, no refund will be made by the Kathleen Confectioners.

In case the product is found damaged at the OUTLET, the Kathleen Confectioners shall refund the amount in full. The customer is requested to check the product properly at the time of taking delivery at the OUTLET.

In case there is any issue with the quality of the product, upon receiving complaint by the customer, the Kathleen Confectioners may refund the amount of the product in question, after making necessary enquiry regarding such quality of the product, as it may deem fit and proper.

(13.) Entire TERMS AND CONDITIONS:

These TERMS AND CONDITIONS, together with privacy policy, and other rules and policies posted on the site along with the upgradation made from time to time, which constitute between the parties i.e. the Consumers / End Users and the Kathleen Confectioners and the DEALER with respect to the Consumers / End User’s use of and material available through the site, and they supersede all prior or contemporaneous communications and proposals between the Consumers / End Users and the Kathleen Confectioners with respect to this site.

Being dealer or associated with the Kathleen Confectioners, by virtue of separate, formally written and executed contacts, the DEALER’s relationship under such contacts, in addition to and not in derogation of the DEALER’s right and duties under this TERMS AND CONDITIONS. In the moment of any conflict between such formally executed contract and this TERMS AND CONDITIONS along with the privacy policy the later shall prevail.

Any rights not expressly granted in these TERMS AND CONDITIONS are reserved. The Kathleen Confectioners reserves the right to update, modify, change from time to time this TERMS AND CONDITIONS which will be notified or published to this webpage or website.

(14.) SUGGESTIONS:

The Kathleen Confectioners welcomes the Consumers / End User’s comments about their experiences of shopping with the Kathleen Confectioners and the Consumers / End User’s suggestions about how to improve this site. Any comments, ideas, suggestions, inaction, or any other content the Consumers / End Users contribute to the Kathleen Confectioners or to this site (including the name submitted with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Kathleen Confectioners 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 the Consumers / End Users waive any claim to the contrary. The Consumers / End Users represent and warrant that the Consumers / End Users own or otherwise control all of the rights to the content that the Consumers / End Users contribute to this site and that use of the content by the Kathleen Confectioners will not infringe upon or violate the rights of any Consumers / End Users.

(15.) 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 the Consumers / End Users and the Kathleen Confectioners as a result of these Terms and Conditions or use of this site. The waiver by the Kathleen Confectioners of one breach or default under these Terms and Conditions shall not constitute the waiver of any subsequent or other breach or default.

(16.) DISCLAIMER:

The information contained in this website is for general information purpose only. The information is provided by the Kathleen Confectioners and while the Kathleen Confectioners endeavour to keep the information upto date and correct, the Kathleen Confectioners make no representations and warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or information for any purpose. Any reliance placed on such information is strictly at the risk of the Consumers / End Users.

In no event the Kathleen Confectioners will be liable for any loss or damage including limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

If through this website the Consumers / End Users attempts to link other websites which are not under the control of the Kathleen Confectioners, the Kathleen Confectioners shall have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, the Kathleen Confectioners takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical uses beyond its control.

(17.) Important Notice to Webmasters:

Regarding the use of trademarked names in Meta tags and/or hidden text, the Kathleen Confectioners have a no-tolerance policy. The use of trademarked names in Meta tag 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 Kathleen Confectioners web page is prohibited absent express written permission from Kathleen Confectioners framing the Kathleen Confectioners website with links, advertisements and/or other combination not originating from the Kathleen Confectioners is expressly prohibited.

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