Baker Terms and Conditions

Last updated: 29 July 2019 

Please take the time to read this Document carefully as any transaction or interaction over this Website will be bound by this, and it will be assumed that you have read it. The policies laid down are considered to be a legally binding agreement under the relevant law(s) in force in India at the time.

This Document is an electronic record as required by Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011. This means the terms will be binding on you without requiring any signature, whether physical or digital.

1. About us 

• Who are we? We are Scorch Bakeworks Pvt. Ltd., trading as homebakers.co.in (hereinafter “Homebakers”), a company registered in India under the Companies Act. Our company registration number is U74999TG2019PTC130763 and our registered office is at 505, Aditya Empress Heights, Block 2, Shaikpet, Hyderabad 500008.
• How can you contact us? You can contact us by calling our customer service team at +91 87909 10234 or by emailing us at info@Homebakers.com 
  
• How can we contact you? If we require to contact you, we will do so by calling you on your provided number or emailing you on your email address that you will provide us while registering with us as a home baker. By using this Website, it is deemed that you have consented to receive calls, message calls, e-mails and text messages from us at any time with the use of the telephone number and e-mail address that has been provided by you. You can opt-out of the promotional messages by contacting the customer service team. The sharing of the information provided by you will be governed by the Privacy Policy and We will not give out such contact information of yours to third parties not connected with the Website/App.
  

2. About You 

• Who are you? “You” in this Document refers to a Baker – one who signs up on our Website to prepare and deliver orders in India.
  
• By accepting an order through Homebakers, you warrant that you are competent to enter into a binding contract and are at least 18 years of age (as required by the Indian Contract Act, 1872).
  
• The Baker must have the necessary permissions to operate as a home baker in India and to sell goods to consumers. Any failure to obtain such permissions will lead to the liability of the Baker and We will not be responsible for the same or for any liability arising directly or indirectly as the consequence of the same.
  

3. Our contract with you

• What all services do we provide through our Website? We will provide a platform for a Client to place an order with a Baker for a dessert of their choice (eg: Cake) on the Website. As part of the Service, we will process all the payments relating to the order and, where required, liaise with the Client on your behalf in accordance with this Document. We warrant that the Service will be provided by us using reasonable care and skill.
  
• How can you access our service? We provide access to the Service on a temporary basis, and we reserve the right to withdraw or amend the Service without notice. We will not be liable if for any reason the Service is unavailable at any time or for any period.
  
• To access our service, both the Baker and the Client needs to register on the Website. Registration is free. Registration can be done by completing a registering form at https://homebakers.co.in/register-user-and-add-baker/. At the time of registration, the Company shall collect the following personally identifiable information about you: Name – including first and last name, email address, contact number, date of birth, and address.
  
• For all orders checked out with cash on delivery options, payments will be directly between the Baker and the Client. The Company is not responsible for any payment issues between the Baker and the Client. For all order checked out with cash-free options (paid by credit or debit cards or electronic funds transfer options) on HomeBakers.co.in, payments will be settled to Bakers after deducting Homebakers’ commission of 5% on a weekly basis and the contract will be exclusively between the Baker and the Company for this release of payment.
  
• The Baker’s bank account or credit/ debit card information will only be used by the Company to transfer the requisite amount from the Client as a payment for the order. The details will be stored securely and any transactional charges will be covered by the Company.
  
• Intellectual property rights? All pictures uploaded by Bakers of their products will be the property of the Company and the copyright will subsist with the Company, not the Baker. We have complete ownership and copyright in the Website. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without expressing a written consent of the Company. No part of the trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company can be used. Any such unauthorized use can lead to legal action.

4. Contract with the Client

• The Baker’s contract with the Client. The legal contract for the sale of desserts purchased via Homebakers (Contract of Sale) is between the Client and the Baker. The Contract of Sale shall comprise these Terms, the Confirmation Email (see clause 5.3) and the description given on the Website for the Dessert and you agree to be bound by all such provisions.
  
• What is our role in the contract between the Client and the Baker? The Client places an Order on HomeBakers.co.in has instructed us as their agent to conclude the Contract of Sale with the Client and accept, refund and process all payments relating to the sale of their Cakes via the Website. For any avoidance of doubt, we are not a party to this Contract of Sale. We have no control over and accept no responsibility for the non-acceptance of the product by the customer, deficiency in payment or any other damages. We cannot be held liable for any such breach of contract between the Baker and the Client.
  
• For the orders you accept via the Website, the Company will charge 5% as the commission on the price of the cake. The Baker is to appropriately price his/her cakes to ensure this 5% cost is also borne by the customer.
  
• With every order that a Baker accepts, there is also a contract formed between the Baker and the Company SOLELY for the purpose of payment of a commission. Since the Company acts as an intermediary, we reserve the right to be paid a specified commission on every order placed on the Website. The Baker will be liable to be sued for a breach of contract if he/she chooses to engage directly with the customer so as to avoid not paying the commission.

5. Ordering

• Allergies/Ingredients. Bakers have to provide information about the ingredients in the Desserts put on the Website, in light of allergies that clients may have. We try to accurately display all the ingredients and allergens present in each item which has been provided to us on behalf of each Baker on the Website. Clients will have the opportunity and liberty to reach out to you for further discussion on ingredients. Any damages arising from deviation from ingredients asked for by the Client will be the sole responsibility of the Baker and the Company will not be liable for the same. Further, any health concerns which arise to the client from consuming the Baker’s goods will be the sole responsibility of the Baker and We will not be held liable in any way.
  
• Orders will be placed by Clients from the list of products that the Baker uploads on the Website. There are no restrictions on the number of products that they can upload. The Baker can speak to the Client directly to understand further customization requirements of the Client. Clients can also choose to customise their order by providing a sample photo to the Baker, even if such a photo has not been uploaded by the Baker.
  
• Each order is processed online- an email is sent to the Baker with full order details, delivery details and any specific requirements. The baker has 2 hours to confirm they are able to accept the order.
  
• Every order’s price must be determined by including the required taxes payable by the Baker. We will not be liable for payment of taxes which the Baker has to pay on any order received from us.
  
• Only on acceptance will the Client be notified that the order is confirmed. Bakers usually will get at least 2 clear working days (not including bank holidays) to bake the order. Bakers can also mention the minimum number of days (if it is over 2 days) notice required for them for each type of product enlisted on their Website.
  
• Bakers are expected to promptly inform the Company if they cannot fulfil the order after acceptance. The Company will inform the Client of this by email and will not charge for the order. The Company cannot be held liable for any cancellation as they are not a party to the contract between the Client and the Baker.
  
• The reasons why a Baker can choose not to fulfil an order – because of unexpected limits on the Baker’s resources, because they have identified an error in the price or description of the Cake or because the Baker is unable to adhere to the delivery deadline as specified.
  
• In case of any cancellation by the Baker after acceptance or 2 hours after order placement by the Client, the Baker will be charged at least 50% of the order value.
  
• Every Order placed on the number will have an order number assigned to it.
  
• A Client is not entitled by way of a right to cancel or amend their Order or to a refund of the price they have paid. However, the Client may contact us and we will attempt to contact and communicate with the Baker. The Baker is not obligated to accept the cancellation or alteration of the order and will not be penalized for the same by the Company or the Client.
  

6. Images and logos 

• Any image uploaded by the Baker on the Website becomes the sole property of the Company. The Company has the right to use it for promotional and other business purposes and will not require any permission from the Baker for the same.
  
• Any image or logo used by the Baker in their product must not be an infringement of intellectual property. In case of any such infringement, the Baker and the Client will be the parties to the said legal issue. The Company will in no way be liable for this infringement.
  
• In case a logo provided by the Client has been used by the Baker and has led to infringement, the Client shall indemnify and hold us and the Baker harmless against any and all damages, liabilities, costs, expenses and/or losses arising out of or relating to any breach of this clause 6.1 in relation to any claim or action that the use of any images and/or logos provided by you infringes a third party’s intellectual property rights.
  

7. Delivery 

• The Baker is not permitted to use their branding such as logos, contact details or visiting cards on their cake boxes or as a part of their delivery.
  
• The Baker has to do their best to ensure that the Order is delivered on time. The Company is not responsible for any delay in delivery.
  
• The Baker is only obligated to hold any order until the end of its shelf life if the Client does not pick up the order at the scheduled time OR if the Client is not available at home when the delivery was attempted. The Baker can then dispose of the product. If a Baker disposes of off a dessert because it has passed its shelf life, or the Baker has otherwise been unable to deliver the dessert to the Client in accordance with this clause 7, the Client is not entitled to a refund.
  
• The Company and the Baker cannot be held responsible for the above-mentioned disposal.
  
• Neither we nor the Baker will be liable for any delay or failure in the delivery of the desserts that is caused by the Client’s failure to provide the Baker with adequate delivery instructions or any other instructions that are relevant to the supply of the desserts including erroneous address, lack of permission to enter or refusal of the order.
  
• The Baker can choose to take up the responsibility to deliver the cake or can require the customer to pick it up themselves. If the baker chooses to deliver, any damage to the cake will be the baker’s responsibility until it is handed over to the customer. Any damage in transit will have to be fixed by the baker at the venue. If the cake is damaged to the extent that it cannot be fixed, or if the baker refuses to fix the damage, the baker will not be entitled to receive any money from the customer or the Company.
  
• If the baker chooses to deliver, they can use any delivery service including cab providers or aggregators like Ola or Uber for their delivery without personally dropping it off only if the cake is less than two kg and if it is not a tiered cake. The Baker will be responsible for any damage until the cake reaches the customer, and will be remedied as mentioned above.
  
• If the Customer is picking up the cake, the Baker’s responsibility ends the moment the Customer acquires the cake. The Baker will not be responsible for any damage once the customer has the cake, including any accident during transit. The Baker will be entitled to full payment once the cake is taken by the customer.
  

8. Price and Payment 

• The price paid by the Client will be transferred to you after Homebaker’s commission of 5%.
  
• What happens if we or the Baker got the price wrong on the Website? If this happens, the Baker is obligated to contact us to tell us the correct price before the Baker starts processing the Order. The Baker cannot ask for a different price after the order has been processed. The Baker has to offer the information on change of price within 2 hours of order placement by the Client.
  

9. Disclaimers 

• The Bakers are responsible for providing information on pricing, ingredients, allergy warnings and other allied information, and ensuring that it is complete, accurate and up-to-date. We do not accept any responsibility for any incomplete or inaccurate information. The Baker is also obligated to clear the doubts of Clients regarding any such information.
  
• The Baker will upload a picture for each of the products they choose to sell through the Website. The Baker guarantees that the order that is delivered to the Recipient will be identical to the item in the photograph.
• The Baker is obligated to pack each dessert in a secure and hygienic manner.
  
• If the desserts ordered from any Baker through this Website will not be of satisfactory quality or suitable for Buyer’s purpose, then any dispute arising out of such issues must be dealt with between the Client and the Baker as the contract of service is formed between them at the time the order is confirmed by the Baker.
  

10. Warranties and Liabilities

• General – We disclaim responsibility for any harm resulting from your use of any part of the Service. We are not responsible for any issue arising from a Client that you as the Baker have contracted with due to this Website.
  
• Service – The Service is provided on an “as is” basis and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose.
  
• Exclusions – Nothing in these Terms shall limit or exclude the liability of the Baker for fraudulent misrepresentation, for death or personal injury resulting from negligence or for any other liability that cannot be limited or excluded by law.
  
• Limitation of liability – Our total liability towards any Baker will only be up to the amount that they have to receive for an order post-commission payable to us. This will only be applicable if the payment for the order is NOT cash on delivery and is instead done directly through the Website by the Client.
  

11. Termination

• Termination of these Terms will occur only if you stop using the Website or stop selling on this Website or via any other platform provided by the Company (this includes social media, WhatsApp groups, etc.).
  
• What are the reasons for which we can terminate with immediate effect? We may terminate or suspend your right to use the Service if we believe that you have breached any of your obligations under this Document. This can be done without any prior notice. The right of Homebakers to move against you for pre-existing liabilities will survive the termination.
  

12. Feedback or Complaints

• Feedback – The Baker has the right to give feedback about the service and the Clients via the Website. The Company does not guarantee redressal or response to feedback but we will handle the feedback in the most efficient and professional manner.
  
• Compensation – The Baker is not obligated to compensate any Client if a complaint is lodged about their order. However, in case any legal or official action is taken, the Company will not be a party to this and will not be obligated to compensate any Client on behalf of the Baker.
  

13. Other Important Terms 

• We reserve the right to transfer this agreement to someone else. We reserve the right to transfer our rights and obligations under these Terms to another organisation.
  
• You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
  
• Nobody else has any rights under the contract between you and us. The contract under these Terms is between you and us. No other person shall have any rights to enforce any of these Terms.
  
• If a court finds part of this contract illegal, the rest will continue in force. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  
• Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date. Our rights subsist till the end of the Limitation period or as adjudged by a competent court of law, whichever is later.
  
• Which laws apply to the contract between you and us and where you may bring legal proceedings – These terms are governed by Indian law. You and we both agree to that the courts of India will have exclusive jurisdiction.
  
• Dispute Resolution and Jurisdiction – Dispute Resolution for any issue will begin with reconciliation. In case this is not satisfactory to either party, the parties will go for arbitration. The arbitral award can be challenged in the courts of Hyderabad by either party. The jurisdiction will be Hyderabad, as the Company’s registered office is in Hyderabad.