Terms of service


User Acknowledgement

  1. MidnightSanta does not and cannot review all communications and materials posted to or created by users accessing the Site and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, MidnightSanta is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Midnightsanta reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; another intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Midnightsanta at its sole discretion.
  2. 5.2 We take security very seriously. However, due to the open communication nature of the Internet, we cannot guarantee that communications between you ('the User') and Midnightsanta, and Midnightsanta and you ('the user'), will be free from unauthorized access by third parties. User/s of the Web Site should use the Web Site at their own risk and liability.

Registration & Subscription to Free/Paid Services

  1. All information received from you by your use of the MidnightSanta site will be used by MidnightSanta without any legal liability.
  2. On registration, you must provide MidnightSanta with accurate, complete registration information and it is your responsibility to update and maintain changes therein. This is particularly important if you subscribe to any paid/free services or newsletters of MidnightSanta.
  3. Each registration is for a single user only. On registration, you will choose a user name and password. MidnightSanta does not permit any other person sharing your user name and password or access through a single name and password being made available to multiple users on a network. MidnightSanta may cancel or suspend your access to the MidnightSanta site if you do this without further obligation to you.
  4. You are responsible for all use of the MidnightSanta site made by you or anyone else using your login information and for preventing unauthorized use of your credentials. If you believe there has been any breach of security such as the disclosure, theft or unauthorized use of your ID or any payment information, you must notify MidnightSanta immediately by e-mailing to: support@midnightsanta.com. We recommend that you do not select an obvious user password (such as your name) and that you change it regularly at your will.
  5. If you provide Midnightsanta with an email address that will result in any emails or SMS messages from Midnightsanta being sent to you via a computer network or telephone operated or owned by a third party (e.g. your employer or your institution) then you warrant that you are entitled to receive those messages. You also agree that Midnightsanta may refrain from sending messages to you without notifying you, even if you have subscribed to receive them, if we receive a request from a third party to stop sending emails or SMS messages to you.

Products & Services

  1. Midnightsanta is involved in providing value-added services by delivering quality products at multiple locations at various timings.
  2. However we do not guarantee and commit, but still, we try our level best to deliver only 100% Vegetarian products (only if selected by the user) as far as they are food and eatable goods.
  3. Since we are not manufacturing the product, the actual content and ingredients may not be known to us and/or disclosed to us by our suppliers due to privacy and secret regarding their recipe, we do not make any commitment regarding the presence or absence of any specific ingredient in any of the product delivered by Midnightsanta or its subsidiary services.
  4. We do not sale any products which contains ALCOHOL or its by-products.
  5. We believe in healthy and pollution free environment, that's why we do not involve in any activities which may result in damage to environment.
  6. Although we believe in Timely Delivery, we do not make any commitment regarding midnight deliveries to get it delivered at sharp 12:00 Midnight. There may be external factors that affect the timing of delivery, for which we are not liable or do not provide any refund/replacement.
  7. For midnight delivery, the delivery can be executed between 11:30 pm to 12:30 am
  8. During National Holidays and other Festivals, an extra charges will be levied. Apart from that, there is no guarantee about the Exact Delivery Time under any circumstances.
  9. First barrier point viz. Security cabin, Entrance Gate, Main Gate, Colony premises, Office Main Gate, Reception area, or equivalent will be taken into consideration for Delivery Timings.
  10. Since we provide our services to various corners by Road Transport, it is possible to take into consideration various factors viz. Traffic, Diversion, Road Blockage, Police checkpoint, or similar circumstances/situations for which Midnightsanta is not liable and responsible.
  11. In case of Force Majeure, the decision arrived by the management of Midnightsanta will be final and taken into consideration.
  12. The services of Midnightsanta are subject to availability.
  13. For third-party deliveries, it would be sender's liability for any kind of issues arising due to midnight deliveries and Midnightsanta does not hold any responsibility if any discomfort arising to the third party.
  14. Images of products shown on Midnightsanta.com are only for the purpose of example/illustration/reference. The actual product may/may not vary from what is shown in images. No refund would be entertained in case of change in shape/ color/ flavor/ decoration/ garnishing/ presentation/ arrangement/ packaging of actual product delivered as compared to what is shown on Midnightsanta.com. Midnightsanta Team is not liable for any loss occurring due to any/all of the above change/s in actual delivered product/s.
  15. We would need the receiver/ sender to receive the call before making the order delivery, if not received by either of one and our team is at the delivery location we will consider that delivery as delivery complete.

Payment Terms

  1. We at Midnightsanta, provide payment flexibility to our customers/users for their comfort and convenience.
  2. COD (Cash On Delivery) is not available for booking order. Order can only be booked with full payment in advance.
  3. We may collect your Personal Details like Residential Address, Mobile, and Office Number before booking your order, this is for security and safety of visitors/users/clients.
  4. We also accept online payments across the world, for which we have third party payment gateway, which has its own Terms of Use and Privacy Policy. Before making any payments, please refer carefully all the Term & Conditions of third party payment gateway as Midnightsanta is not responsible for any Extra Charge, Hidden Cost, Taxes, Service Charge, Facility Charge, or any associated expense levied on end user of Midnightsanta.
  5. Midnightsanta has never, does not, and will never ask for Credit Card/Debit Card/Bank Account Details in Future, therefore before providing your details, confirm the genuineness of source. Don't believe in Fraud Mails asking for Bank Details. Midnightsanta is not liable to any such Fraud/Spam mail asking for fund transfer on behalf of Midnightsanta. If you experience/find any such fraud, please inform us at: info@midnightsanta.com with complete details.
  6. Payment once made will not be refunded under any circumstances, unless derived to the decision by Midnightsanta officials. 8.7 We do not book orders with Credits. 100% Payment should be made in Advance.

Refund Policy

  1. The refund will not be entertained under the below circumstances:
    1. Wrong Receiver's Name or Address provided by Sender 2. The place of delivery is Locked/Not Available 3. The Residence/Office is shifted to new location 4. The receiver refuses to accept product 5. No responses from the concerned receiver after 2 attempts (In case of Midnight Deliveries, if the door is not opened or mobile unanswered after 2 attempts) 6. Wrong product is selected by sender/user. 7. The wrong date of delivery is provided by the sender/user. 8. False credentials or information provided by the user.
  2. To obtain a refund, the user needs to report the complaint within 24 hours of delivery. After 24 hours of delivery, the product shall be considered as accepted as it was delivered. No refund request shall be generated after 24 hours of delivery under any circumstances. To avail the refund the receiver needs to return the product received as it is without consumption. It is recommended to take photos of the product at the time of delivery.
  3. If you are not satisfied either with our service or product, write us to support@midnightsanta.com and complains@midnightsanta.com with complete details of your order and associated information (including the photographs of actual products delivered). If it is found authentic as per the company's refund policy, Midnightsanta will provide part/full refund accordingly. For refund cases, your order details and personal information may be scrutinized without prior intimation.
  4. Bank Transaction Charges (the charges which are charged by Bank for supporting Online Payment) and Payment Gateway Charges (the charges which are levied by Online Payment Platform/Service Provider like PayPal (for International Payments), PayU (for Indian Payments)) shall be deducted from the Refund Amount. We do not store your Credit Card details on the servers of Midnightsanta.com, hence we cannot deposit or revert the Refund amount directly in your Credit Card / Debit Card. The Only Way, a User can get Refund Amount credited in the Bank Account is via Cheque which will be issued from Head Office in Ahmedabad. There shall be no Interest paid on the Amount which remains in the account of Proton Multi Services for the duration between Order Placing and Refund. The duration of the clearance of Cheque is not decided by Mid Night Santa Services, hence it differs from Bank to Bank and case to case.
  5. MidnightSanta Team is Passionate and Dedicated to Satisfy every user's expectation in making their Celebration Memorable. But Satisfaction cannot be measured in units, hence there is no guarantee about the Amount that shall be refunded in case of Dissatisfaction, although MidnightSanta Team, will try its level best to satisfy every users' desire by Refund or Partial Refund or Complementary Delivery or any one or all of them.

Corporate Clients

  1. For corporate clients of Midnightsanta, the Terms & Conditions, in addition to above, will be enlisted in the respective agreement/quotation which may differ from standard Terms & Conditions. These Term & Conditions which are separately provided by Midnightsanta will hold stand in case of concurrency with Standard Terms & Conditions.
  2. The rates which are provided to Corporate Clients may differ with a case to case. Those rates cannot be compared and challenged with the rates provided on-site, as there are various factors that are taken into consideration for Costing and Pricing.
  3. For Corporate Accounts, first, the Registration of Company is mandatory, without which it is not eligible for corporate packages.

Phone Booking

  1. For booking the orders on Phone, it is mandatory to provide a valid Mobile Number without which the order will not be booked. In case of false Mobile Numbers, Midnightsanta holds the rights to cancel/dismiss the order without prior notification
  2. For the Client's safety and comfort, we may store existing callers as well as future callers without intimation to the caller.
  3. Phone booking is valid only for those orders booked via 24 X 7 Helpline: +91-9888881124. 11.4 Helpline Number 9888881124 is an Intellectual Property of Midnightsanta, which has its own identity and brand value. It should not be used for domestic/commercial use to represent any other individual, product, brand, company or institution.

Animation and Audio Signature Tune

We believe in Originality and hate Piracy. Midnightsanta has its own Audio Jingle / Signature Tune, Animation, Advertisement, Video Clip, Audio Clip, which holds copyrights and all other rights reserved. Broadcasting, Duplication, and utilization of any such Intellectual property for personal/commercial use will result in legal offense and legal prosecution will be followed.


Termination

This Agreement is effective unless and until terminated by either you or Midnightsanta. You may terminate this Agreement at any time by no longer using this web site, provided that all prior uses of this web site shall be governed by this Agreement. Midnightsanta may terminate this Agreement at any time and without notice, and accordingly deny you access to this web site, in Midnightsanta's sole discretion for any reason, including your failure to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Midnightsanta, you must promptly destroy all materials downloaded or otherwise obtained from this web site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.


    Cancellation Policy

    1. Order once confirmed cannot be cancelled under any circumstances.
    2. For orders which are not confirmed by user (Sender/Customer) the refund shall be processed based on following criteria

    Offers/Coupons/Free Products

    1. This offer is valid for orders placed to be any particular city as described in the offer only.
    2. This offer has limited usage per day. Once the quota is used, the offer may not be applied even if is visible
    3. The offer can be removed/edited by Midnightsanta team anytime without prior notice.
    4. The offer is applicable only if coupon code is entered while placing the order.
    5. If the order is placed using coupon/offer/free products can be canceled anytime without prior notice.
    6. Products in offers are subjected to availability, Midnightsanta team can change the product with an equivalent price on the website at that time without any prior notice.
    7. If any free products are ordered along with using coupon code/offer, free products will automatically be cancelled and will not be delivered.
    8. Midnightsanta team will try the best to deliver the free products included in the order, but in an unfortunate case, if its not delivered, refund or any compensation will not be entertained for the same.
    9. If any coupon code/free products/offers are used. Delivery time can be changed by Midnightsanta Team. If the order cant delivered on the scheduled timing, it will be shifted to the nearest possible time slot.
    10. Terms and conditions can be changed anytime by Midnightsanta Team without any prior notice.
    11. No Money back gurantee fir order placed using coupon code/offer/free products.
    12. If the Order contains any coupon code/free products/offers and is canceled by the customer, 10% of the total amount will be deducted in a refund as the processing charges.
    13. Design, shape and flavor of the cake ordered using/containing the coupon code/offers/free products can be changed by Midnightsanta Team without any prior notice. For the Midnightsanta team delivering cake is of first priority and not any other variables.
    14. Types of flowers, color, qty, shape can be changed by the Midnightsanta team when order contains /Using the coupon code/offer/free products.