Terms and Conditions
Thank you for using Cakemax. These Terms of Service (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Cakemax website at www.Cakemax.com (the "Site") and any related mobile or software applications ("Cakemax Platform") including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the "Services").
These Terms are effective for all existing and future Cakemax customers, including but without limitation to users having access to 'restaurant business page' to manage their claimed business listings.
Please read these Terms carefully. By accessing or using the Cakemax Platform, you are agreeing to these Terms and concluding a legally binding contract with Cakemax Private Limited(Formerly known as Cakemax Media Private Limited) and/or its affiliates (excluding Cakemax Foods Private Limited) or, if you are in the United States, with Cakemax India, LLC and/or its affiliates (hereinafter collectively referred to as "Cakemax"). You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Cakemax Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.
In order to use the Services, you must first agree to the Terms. You can accept the Terms by:
Clicking to accept or agree to the Terms, where it is made available to you by Cakemax in the user interface for any particular Service; or
Actually using the Services. In this case, you understand and agree that Cakemax will treat your use of the Services as acceptance of the Terms from that point onwards.
Cakemax provides online ordering services by entering into contractual arrangements with restaurant partners (“Restaurant Partners”) and Stores (as defined below) on a principal-to-principal basis for the purpose of listing their menu items or the Products (as defined below) for online ordering by the Customers on the Cakemax Platform.
The Customers can access the menu items or Products listed on the Cakemax Platform and place online orders against the Restaurant Partner(s)/Store(s) through Cakemax.
Your request to order food and beverages or Products from a Restaurant Partner or a Store page on the Cakemax Platform shall constitute an unconditional and irrevocable authorization issued in favour of Cakemax to place online orders for food and beverages or Products against the Restaurant Partner(s)/Store(s) on your behalf.
Delivery of an order placed by you through the Cakemax Platform may either be undertaken directly by the Restaurant Partner or the Store against whom you have placed an order, or facilitated by Cakemax through third-party who may be available to provide delivery services to you (“Delivery Partners”). In both these cases, Cakemax is merely acting as an intermediary between you and the Delivery Partners, or you and the Restaurant Partner or the Store, as the case may be.
The acceptance by a Delivery Partner of undertaking delivery of your order shall constitute a contract of service under the Consumer Protection Act, 2019 or any successor legislations, between you and the Delivery Partner, to which Cakemax is not a party under any applicable law. It is clarified that Cakemax does not provide any delivery or logistics services and only enables the delivery of food and beverages or Products ordered by the Customers through the Cakemax Platform by connecting the Customers with the Delivery Partners or the Restaurant Partners or the Store, as the case may be.
Where Cakemax is facilitating delivery of an order placed by you, Cakemax shall not be liable for any acts or omissions on part of the Delivery Partner including deficiency in service, wrong delivery of order, time taken to deliver the order, order package tampering, etc.
You may be charged a delivery fee for delivery of your order by the Delivery Partner or the Restaurant Partner or the Store, as the Delivery Partner or the Restaurant Partner or the Store may determine (“Delivery Charges"). You agree that Cakemax is authorized to collect, on behalf of the Restaurant Partner or the Delivery Partner or the Store, the Delivery Charges for the delivery service provided by the Restaurant Partner or the Store or the Delivery Partner, as the case may be. The Delivery Charges may vary from order to order, which may be determined on multiple factors which shall include but not be limited to Restaurant Partner / Store, order value, distance, time of the day. Cakemax will inform you of the Delivery Charges that may apply to you, provided you will be responsible for Delivery Charges incurred for your order regardless of your awareness of such Delivery Charges.
In addition to the Delivery Charges, you may also be charged an amount towards delivery surge for delivery of your order facilitated by the Delivery Partner or the Restaurant Partner or the Store, which is determined on the basis of various factors including but not limited to distance covered, time taken, demand for delivery, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time (“Delivery Surge"). You agree that Cakemax is authorized to collect, on behalf of the Restaurant Partner or the Delivery Partner or the Store, the Delivery Surge for the delivery service provided by the Restaurant Partner or the Store or the Delivery Partner, as the case may be. The Delivery Surge may vary from order to order, which may be determined on multiple factors which shall include but not be limited to Restaurant Partner / Store, order value, distance, demand during peak hours. Cakemax will use reasonable efforts to inform you of the Delivery Surge that may apply to you, provided you will be responsible for Delivery Surge incurred for your order regardless of your awareness of such Delivery Surge.