THE MIDNIGHT MOON: TERMS OF USE

Please read the terms and conditions (“Terms and Conditions”) set out below
carefully before ordering any Goods or Services from this Website. By ordering any
Goods or Services from this Website, by phone, or by our mobile applications, you
agree to be bound by these Terms and Conditions.

Section 1: Introduction:

The domain name www.midnightmooncakes.com (hereinafter referred to as
The Midnight Moon) is owned by The Midnight Moon a company incorporated under the
Companies Act, 1956 with its registered office at Shop no.20 LGF Amrapali Zodiac
Market Sector 120 Noida, 201301, India.

Section 2: Definitions:

2.1. “Agreement” is a reference to these Terms and Conditions, any order, form and
payment instructions provided to you;
2.2. “Privacy Policy” means the policy displayed on our Website which details how
we collect and store your personal data;
2.3. “you”, “your” and “yours” are references to you, the person accessing this
Website and ordering any Goods or Services from the Website or from any other
channel provided by midnightmooncakes.com
2.4. “we”, “us”, “our”, and ” The Midnight Moon ” are references to the
midnightmooncakes.com;
2.5. “Goods”, “Items” is a reference to any goods which we may offer for sale from
our Website from time to time;
2.6. “Service” or “Services” is a reference to any service which we may supply and
which you may request via our Website;
2.7. “Participating supplier” is a third party, which has agreed to co-operate with
us to prepare and/or deliver the Goods or Services.
2.8. “Food Delivery” is a reference to perishable goods and to any form of delivery
service, which both are provided by our partners and for both of which our
partners take full responsibility.
2.9. “Website” is a reference to our Website www.midnightmooncakes.com

Section 3: Ordering

3.1. Any contract for the supply of Food Delivery from this Website is between you
and our Participating Suppliers; for the supply of Goods or Services from this
website contact is between you and The Midnight Moon. You agree to take
particular care when providing us with your details and warrant that these details

are accurate and complete at the time of ordering. You also warrant that the
credit or debit card details that you provide are for your own credit or debit card
and that you have sufficient funds to make the payment.
3.2. Food Delivery, Goods and Services purchased from this Website are intended
for your use only and you warrant that any Goods purchased by you are not for
resale and that you are acting as principal only and not as agent for another
party when receiving the Services.
3.3. Please note that some of our Goods may be suitable for certain age ranges
only. You should check that the product you are ordering is suitable for the
intended recipient.
3.4. When ordering from this Website you may be required to provide a phone
number, e-mail address and password. You must ensure that you keep the
combination of these details secure and do not provide this information to a third
party.
3.5. We will take all reasonable care, in so far as it is in our power to do so, to keep
the details of your order and payment secure, but in the absence of negligence
on our part we cannot be held liable for any loss you may suffer if a third party
procures unauthorized access to any data you provide when accessing or
ordering from the Website.
3.6.Any order that you place with us is subject to product availability, delivery
capacity and acceptance by us and the Participating Suppliers.When you place
your order online, we will send you an email to confirm that we have received
it.This email confirmation will be produced automatically so that you have
confirmation of your order details.You must inform us immediately if any details
are incorrect.The fact that you receive an automatic confirmation does not
necessarily mean that either we or the Participating Suppliers will be able to fill
your order.Once we have sent the confirmation email we will check availability
and delivery capacity.
3.7.If the ordered Food and delivery capacity is available, the Participating
Supplier will accept the contract and confirm it to midnightmooncakes.com.If the details
of the order are correct, the contract for the Food Delivery, Goods or Services will
be confirmed by email or text message(SMS).
3.8.The confirmation message/ email will specify items ordered along with a
receipt of payment.
3.9.If the Food Delivery and / or Goods are not available or if there is no delivery
capacity, we will also let you know by email or text message (SMS) or phone call.

Section 4: Prices and Payment

4.1. You agree to take particular care when providing us with your details and
warrant that these details are accurate and complete at the time of ordering. You
also warrant that the credit or debit card details that you provide are for your own
credit or debit card and that you have sufficient funds to make the payment.
4.2. All prices listed on the Website are correct at the time of publication and have
been based on input received from the supplier; While we give great care to keep
them up to date, the final price charged to you can change at the time of delivery
based on the latest menu and prices. We also reserve the right to alter the Goods
or Services available for sale on the Website.
4.3. All prices for delivery by midnightmooncakes.com or a third party provider assigned
by midnightmooncakes.com are correct at the time of publication. However, we reserve
the right to alter these in the future
4.4. The total price for Food Delivery, Goods or Services ordered, including delivery
charges and other charges, will be displayed on the Website when you place your
order. Full payment must be made for all Goods dispatched and Services
provided. Payment has to be made by online e.g. net banking, credit or debit card
or by cash on delivery (if available).
4.5.In case of online payment, you must pay for your order before it is
delivered.Our website is integrated with 3rd party payment gateways.We do not
store any card or banking details on our website.For privacy policies and terms
and condition, please refer to the relevant payment gateway’s website.

Section 5: Delivery

5.1. Delivery periods quoted at the time of ordering are approximate only and may
vary. Goods will be delivered to the address designated by you at the time of
ordering.
5.2. If delivery is done by its delivery partners, it is the Participating supplier sole
responsibility to provide Food Delivery in a timely manner.
5.3. In the case delivery is done by midnightmooncakes.com or a third party delivery
partner assigned by midnightmooncakes.com we will give great care to deliver in a
timely manner. No responsibility is taken for late delivery by midnightmooncakes.com in
either case.
5.4. All orders are delivered by a reputable courier. We and the delivery will make
every effort to deliver within the time stated. However, we will not be liable for any
loss caused to you by ordering late.
5.5. In case of a late delivery, the delivery charge will neither be voided nor
refunded by midnightmooncakes.com
5.6. All risk in the Goods and the Food Delivery shall pass to you upon delivery.

5.7. If you fail to accept delivery of Goods at the time they are ready for delivery, or
we are unable to deliver at the nominated time due to your failure to provide
appropriate instructions, then such goods shall be deemed to have been
delivered to you and all risk and responsibility in relation to such goods shall pass
to you.
5.8. Participating Suppliers, who will prepare your order, aim to deliver the product
to you at the place and time of delivery requested by you in your order. However,
we shall not be liable to you for any losses, liabilities, costs, damages, charges or
expenses arising out of late delivery;
5.9. Please note that it might not be possible for us to deliver to some locations. If
this is the case we or our partner supplier will inform you using the contact details
that you provide to us when you make your order and arrange for cancellation of
the order or delivery to an alternative delivery address;
5.10. The delivery of the items ordered will be attempted only ONCE at the address
as provided. In the event the delivery is not executed due to any reason
whatsoever, the order shall be considered complete, and re-delivery or a refund
will not be an option. The order will be deemed executed and delivered in the
following events:
Wrong address
Recipient not available at premises
Premises locked
Unreachable or incorrect phone number of recipient
Recipient refused the products.
Delivered the product at the gate / reception / neighborhood of the premises
Restricted entry of premises
5.11. Deliveries shall not be made on National Holidays. Orders scheduled for
National holidays will be delivered on the next working day.
5.12 In case of floods/ Heavy Rains/ natural calamity/ National Bandh/election
dates/ curfews/traffic jams/festival times/regulated traffic movements/ or any
other impediments that may restrict the delivery of the order. Bachelorcake.com
reserves the right to reschedule the delivery for another date.
5.13. No instructions will be entertained for any request to change the date of
delivery.

Section 6: Cancellation:

Please refer to cancellation policy on our website.

Section 7: Linked Sites:

There may be a number of links on our Website to third party Websites which may
be of interest to you. We do not represent the quality of the Goods or Services
provided by such third parties nor do we have any control over the content or
availability of such sites. We cannot accept any responsibility for the content of
third party Websites or the Services or Goods that they may provide to you.

Section 8: Complaints

We take complaints very seriously and aim to respond within 12 business hours. All
complaints should be addressed to [email protected], and we assure to
assist if reported within 24 hours of delivery. Kindly note that the images displayed
on the website are indicative in nature. Actual product may vary in shape or
design as per the availability.

Section 9: Limitation of Liability

9.1. Great care has been taken to ensure that the information available on this
Website is correct and error free. We apologize for any errors or omissions that
may have occurred. Therefore, we do not make any warranty whatsoever, whether
express or implied, relating to its accuracy.
9.2. By accepting these terms of use, you agree to relieve us from any liability
whatsoever arising from your use of information from any third party, or your use
of any third party website, or your consumption of any food or beverages from a
Participating Supplier.
9.3. We disclaim any and all liability to you for the supply of the Food Delivery,
Goods and Services to the fullest extent permissible under applicable law. This
does not affect your statutory rights as a consumer. If we are found liable for any
loss or damage to you such liability is limited to the amount you have paid for the
relevant Goods or Services. We cannot accept any liability for any loss, damage or
expense, including any direct or indirect loss.
9.4. We do not accept any liability for any delays, failures, errors or omissions or
loss of information, viruses or other contamination or destructive properties
transmitted to you or your computer system via our Website.
9.5. We shall not be held liable for any failure or delay in performing Services or
delivering Goods arising owing to reasons beyond our control.
9.6. The products sold by us are provided for private domestic and consumer use
only. Accordingly, we do not accept liability for any indirect loss, consequential
loss, loss of data, loss of income or profit, loss of damage to property and/or loss
from claims of third parties arising out of the use of the Website or for any
products or services purchased from us.
9.7. We have taken all reasonable steps to prevent Internet fraud and ensure any
data collected from you is stored as securely and safely as possible. However, we

cannot be held liable in the extremely unlikely event of a breach in our secure
computer servers or those of third parties.
9.8. Offers are subject to midnightmooncakes.com discretion and may be withdrawn at
any time and without notice.

Section 10: General

10.1. All prices are in Indian Rupees and can be converted to your local currency at
the time of payment, depending on the payment gateway provider.
10.2. We may subcontract any part or parts of the Services or Goods that we
provide to you from time to time without your consent or any requirement to
notify you.
10.3. We may alter or vary the Terms and Conditions at any time without notice to
you.
10.4. Payment must be made at the time of placing order by bank transfer, credit /
debit card or at the time of delivery by cash (if available). Failure to pay on time
will result in the cancellation of your order.
10.5. Please do not use or launch any automated system or program in
connection with our website or its online ordering functionality;
10.6. Please do not collect or harvest any personally identifiable information from
the website, use communication systems provided by the website for any
commercial solicitation purposes, solicit for any reason whatsoever any users of
the website with respect to their submissions to the website, or publish or
distribute any vouchers or codes in connection with the website, or scrape or hack
the website.
10.7. The Terms and Conditions together with the Privacy Policy, any order form
and payment instructions constitute the entire agreement between you and us.
No other terms whether expressed or implied shall form part of this Agreement. In
the event of any conflict between these Terms and Conditions and any other term
or provision on the Website, these Terms and Conditions shall prevail.
10.8. If any term or condition of our Agreement shall be deemed invalid, illegal or
unenforceable, the parties hereby agree that such term or condition shall be
deemed to be deleted and the remainder of the Agreement shall continue in force
without such term or condition.
10.9.These Terms and Conditions and our Agreement shall be governed by and
construed in accordance with the laws of India.The parties hereto submit to the
exclusive jurisdiction of the courts of India.

10.10.No delay or failure on our part to enforce our rights or remedies under the
Agreement shall constitute a waiver on our part of such rights or remedies unless
such waiver is confirmed in writing.
10.11.These Terms and Conditions and a contract(and all non- contractual
obligations arising out of or connected to them) shall be governed and construed
in accordance with Indian Laws.Both we and you hereby submit to the non –
exclusive jurisdiction of the Indian Courts.All dealings, correspondence and
contacts between us shall be made or conducted in the English language.
10.12 While sharing my Phone no., Email and Name during the registration or
payment process, I understand that midnightmooncakes.com can send transactional
and promotional SMS messages on my registered phone number. I also
understand that midnightmooncakes.com can send transactional and promotional
Email messages on my registered email as well.
10.13 As we will be processing the order post your confirmation, it won’t be possible
to modify or cancel the order once the telephonic confirmation is done.