Terms of service

Overview

Welcome to FOMO Bakery. The terms "we", "us" and "our" refer to FOMO Bakery, a baker based in Bangalore, India. FOMO Bakery operates the store and website at fomobakery.com, including all related information, content, features, tools, products and services (the "Services"). FOMO Bakery is powered by Shopify.

These Terms of Service, together with any policies referenced here (the "Terms"), describe your rights and responsibilities when you use the Services. Please read these Terms carefully — they include important information about your legal rights, including warranty disclaimers, limitation of liability, dispute resolution, and governing law.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you should not use or access the Services.

1. Access and Account

By agreeing to these Terms, you represent that you are at least 18 years old or the age of majority in your jurisdiction, and that any minor dependents using the Services on devices you own do so with your consent.

To use the Services you may be asked to provide information such as your name, email, billing, payment, and shipping details. You represent and warrant that all information you provide is correct, current, complete, and that you have the right to provide it. You are solely responsible for keeping your account credentials secure and for all activity on your account. You may not transfer, sell, assign, or licence your account.

2. Our Products

We make every effort to accurately represent our products. However, colour or product appearance on your screen may differ from the physical product due to your device. We do not warrant that the appearance or quality of any product will match your screen's depiction.

All product descriptions, pricing, and availability are subject to change at any time at our sole discretion. We reserve the right to discontinue any product, limit quantities, or restrict sales to any person, geographic area, or order quantity on a case-by-case basis.

3. Orders

When you place an order, you make an offer to purchase. FOMO Bakery reserves the right to accept or decline any order, in whole or in part, at its sole discretion for any reason. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before acceptance.

Please review your order carefully before submitting. FOMO Bakery is generally unable to accommodate cancellation requests after an order has entered production. If we cannot accept, modify, or fulfill an order, we will attempt to notify you using the contact details provided.

Your purchases are subject to return or exchange only as set out in our Refund Policy. You represent that purchases are for your personal or household use and not for commercial resale or export.

4. Prices and Billing

Prices, discounts, and promotions may change without notice. The price charged for an item is the price in effect at the time of order acceptance, as confirmed in your order confirmation email. Unless stated otherwise, posted prices do not include shipping, handling, GST, or applicable taxes — these are added at checkout.

You agree to provide current, complete, and accurate payment and account information. You represent that any payment instrument you use is authorised, that charges incurred will be honoured, and that you will pay all charges including taxes and shipping fees at the posted prices.

5. Shipping and Delivery

Shipping and delivery are governed by our Shipping Policy. All delivery times are estimates and are not guaranteed. We are not liable for shipping or delivery delays caused by carriers, customs, weather, regulatory action, or any event outside our reasonable control. Once we transfer products to the carrier, title and risk of loss pass to you.

6. Intellectual Property

The Services — including all trademarks, brand names, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement of the foregoing — are owned by FOMO Bakery (or its licensors) and are protected by intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download (other than page caching for personal viewing), store, or transmit any of the material on the Services without our prior written consent.

"FOMO Bakery", the FOMO logo, our product names, and other brand assets are trademarks of FOMO Bakery. You must not use them without our prior written permission. All other trademarks shown on the Services belong to their respective owners.

7. Optional Tools and Third-Party Links

The Services may include access to third-party tools, integrations, or links to third-party websites (including any embedded third-party functionality). We do not monitor or control these. They are provided "as is" and "as available" without warranties of any kind. We have no liability arising from your use of any third-party tools or websites.

You access third-party content at your own risk. Review the third party's own terms and privacy practices before engaging in any transaction. Complaints relating to third-party products or services should be directed to the third party.

8. Relationship with Shopify

FOMO Bakery is powered by Shopify, which enables us to provide the Services. However, any sales and purchases you make on our store are made directly with FOMO Bakery. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sale between you and FOMO Bakery, including any injury, damage, or loss resulting from purchased products or services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with FOMO Bakery.

9. Privacy Policy

All personal information collected through the Services is governed by our Privacy Policy. Certain personal information may also be processed by Shopify under Shopify's Privacy Policy. By using the Services, you acknowledge having read these policies.

10. Feedback

If you submit any ideas, suggestions, feedback, reviews, proposals, or other content ("Feedback"), you grant FOMO Bakery a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. You represent that you have all rights necessary to grant this licence, and that your Feedback does not violate any third-party right or law.

We are under no obligation to keep Feedback confidential, to pay compensation for it, or to respond to it. We may remove Feedback at our sole discretion.

11. Errors, Inaccuracies, Omissions

Information on the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time, without prior notice — including after you have submitted your order. If an order is cancelled for this reason after payment, we will refund the amount paid.

12. Prohibited Uses

You may use the Services for lawful purposes only. You may not, directly or indirectly: (a) use the Services for any unlawful or malicious purpose; (b) violate any applicable law or regulation; (c) infringe our or others' intellectual property rights; (d) harass, abuse, defame, or harm any person; (e) transmit false or misleading information; (f) send spam or unsolicited promotional material; (g) impersonate any person or entity; (h) upload viruses or malicious code; (i) collect or track personal information of others; (j) scrape, spider, or otherwise extract data from the Services in bulk; or (k) interfere with or circumvent the security features of the Services.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine in our sole discretion that you have violated any part of these Terms.

13. Termination

We may terminate this agreement or your access to the Services in our sole discretion, at any time, without notice. You will remain liable for any amounts due up to and including the date of termination. The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Dispute Resolution, and Privacy Policy.

14. Disclaimer of Warranties

The information presented on the Services is made available for general information purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance is at your own risk.

EXCEPT AS EXPRESSLY STATED IN WRITING BY FOMO BAKERY, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded under applicable law, including statutory consumer rights under the Indian Consumer Protection Act, 2019.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FOMO BAKERY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND — INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES — WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, FOMO BAKERY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, FROM ALL CAUSES OF ACTION AND THEORIES OF LIABILITY, WILL BE LIMITED TO AND SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO FOMO BAKERY FOR THE ORDER OR ORDERS GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) INR 1,000.

This limitation applies regardless of the form of action and survives termination. Nothing in this section limits liability that cannot be excluded or limited under applicable law.

16. Indemnification

You agree to indemnify, defend, and hold harmless FOMO Bakery, Shopify, and our respective affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, claims, or costs (including reasonable attorneys' fees) arising from (a) your breach of these Terms or any document incorporated by reference; (b) your violation of any law or the rights of a third party; or (c) your access to or use of the Services. We may control the defence and settlement of any such claim at your expense, including choice of counsel.

17. Force Majeure

FOMO Bakery is not liable for any failure or delay in performance of any obligation under these Terms caused by events beyond our reasonable control, including but not limited to: acts of God, natural disasters, public health emergencies (including pandemics or epidemics), civil unrest, war, terrorism, strikes or labour disputes, transport disruptions, regulatory or governmental action, utility or telecommunications failures, or third-party service failures (including carrier and payment-processor failures).

18. Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be severed from these Terms without affecting the validity or enforceability of any other remaining provisions.

19. Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. These Terms (together with the Refund Policy, Shipping Policy, Privacy Policy, and any other policies referenced here) constitute the entire agreement between you and FOMO Bakery and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, or proposals. Any ambiguities shall not be construed against the drafting party.

20. Assignment

You may not transfer or assign these Terms or any rights or obligations under them without our prior written consent; any attempted assignment without consent is void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

21. Governing Law

These Terms and any dispute arising out of or related to them or the Services shall be governed by and construed in accordance with the laws of India, without regard to conflict-of-law principles. Subject to Section 22 (Dispute Resolution), you and FOMO Bakery agree to submit to the exclusive jurisdiction of the courts of Bangalore, Karnataka, India, for any matter not subject to arbitration.

22. Dispute Resolution

Negotiation first. Before initiating any formal proceedings, the parties shall attempt in good faith to resolve any dispute through written notice and direct discussion for at least thirty (30) days.

Binding arbitration. Any dispute, controversy, or claim arising out of or in connection with these Terms or your use of the Services that is not resolved through negotiation shall be referred to and finally resolved by arbitration in Bangalore, India, under the Arbitration and Conciliation Act, 1996 (as amended). The arbitration shall be conducted in English by a sole arbitrator mutually appointed by the parties, or, failing agreement, appointed under the Act. The seat and venue of arbitration shall be Bangalore. The arbitrator's award shall be final and binding.

Carve-out. Nothing in this Section limits either party's right to seek interim or injunctive relief from a court of competent jurisdiction in Bangalore to protect intellectual property or confidential information, or your statutory rights under the Indian Consumer Protection Act, 2019.

23. Changes to Terms

You can review the most current Terms of Service at any time at this URL. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates to fomobakery.com. It is your responsibility to check this page periodically. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

24. Contact Information

Questions about these Terms should be sent to support@fomobakery.com.

FOMO Bakery