Terms and Conditions

Welcome to Cake Baniya! These terms and conditions outline the rules and regulations for the use of our platform, accessible via our mobile application and website.

1. Acceptance of Terms

By accessing or using the Cake Baniya platform, you agree to comply with and be bound by these terms and conditions. If you do not agree with any part of these terms, you must not use our services.

2. User Accounts

  • Registration: Users must create an account to access certain features of the app. You agree to provide accurate and complete information during the registration process.
  • Responsibility: You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

3. Services Provided

Cake Baniya provides a platform for cake shops and home bakers to manage orders, customer interactions, and business operations. We do not produce or sell cakes directly.

4. User Conduct

Users agree to use the platform only for lawful purposes and in a way that does not infringe the rights of others. Prohibited activities include, but are not limited to:

  • Uploading or sharing any harmful, illegal, or inappropriate content.
  • Using the platform for fraudulent purposes.
  • Interfering with the platform’s operation or security.

5. Order Management

Cake Baniya facilitates the management of orders between bakers and customers. However, we are not responsible for the quality, delivery, or fulfillment of the orders.

6. Payments and Fees

  • Pricing: Cake Baniya offers various subscription plans. Details of the pricing and payment terms are provided within the app.
  • Billing: Users agree to pay all fees associated with their account in a timely manner.

7. Intellectual Property

All content, features, and functionality on the Cake Baniya platform are the intellectual property of Cake Baniya or its licensors. Unauthorised use is prohibited.

  • Ownership: Clarify that all content on the platform, including text, graphics, logos, and software, is the property of Cake Baniya or its licensors and is protected by intellectual property laws.
  • User Content: Users retain ownership of the content they post but grant Cake Baniya a license to use, display, and distribute that content on the platform.

8. Limitation of Liability

To the maximum extent permitted by law, Cake Baniya shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.

9. Termination

Cake Baniya reserves the right to terminate or suspend access to our platform at our sole discretion, without prior notice or liability, for conduct that we believe violates these terms or is harmful to other users.

10. No Endorsement

We do not endorse any Merchant. In addition, although these Terms of Use require you to provide accurate information, we do not attempt to confirm, and do not confirm if it is purported identity. We will not be responsible for any damage or harm resulting from your interactions with other Members.
By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.

11. Eligibility For Cake Baniya User
“User” refers to you, as a user of Customer Services, who accesses or uses our Customer services using Mobile Application/ Website or any other platform provided by the Cake Baniya.
The User must undertake to adhere to the eligibility to enter into a contract in view of section 11 of The Indian Contract Act, 1872. The User shall agree to represent and warrant that the User is at the age of 18 or above and is fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representation, and warranties as set forth in this Agreement.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

12. Modifications to Terms

We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting on our website or app. Continued use of the platform after such changes constitutes your acceptance of the new terms.

13. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of [Country-India, State-Maharashtra, District-Pune], and you irrevocably submit to the exclusive jurisdiction of the courts in that location.

14. Cancellation and Refund Policy for Cake Baniya Subscription

  1. Cancellation Window: Customers can cancel their subscription to Cake Baniya within One Day of their initial subscription or renewal date to be eligible for a refund.
  2. Cancellation Process: To cancel a subscription and request a refund, customers must submit a cancellation request through the Cake Baniya website or contact customer support directly. Cancellation requests must include the customer’s name, email address, subscription details, and reason for cancellation.
  3. Refund Eligibility: Refunds for cancelled subscriptions will only be issued if the cancellation request is made within the specified cancellation window. Subscriptions cancelled outside of this window are not eligible for refunds.
  4. Refund Processing Time: Once a cancellation request is received and approved, refunds will be processed within 30 Buisness days. The refund will be issued to the original payment method used for the subscription purchase.
  5. Refund Amount: The refund amount will be prorated based on the unused portion of the subscription period. Cake Baniya reserves the right to deduct any applicable fees or charges from the refund amount, such as transaction fees or discounts received during the subscription period.
  6. Refund Exceptions: Refunds will not be provided for subscriptions cancelled after the specified cancellation window has passed. Additionally, refunds will not be issued for partial subscription periods already used by the customer.
  7. Effect of Cancellation: Upon cancellation and refund approval, customers will no longer have access to the benefits or services associated with the Cake Baniya subscription. This includes access to exclusive deals, discounts, and any other perks associated with the subscription.
  8. Re-activation: Customers have the option to re-activate their subscription at any time by resubscribing through the Cake Baniya website. However, any previous promotional offers or discounts may not be available upon re-activation.
  9. Changes to Terms: Cake Baniya reserves the right to modify or update these cancellation and refund terms and conditions at any time without prior notice. It is the responsibility of the customer to review these terms periodically for any changes.
  10. Price Responsibility: Cake Baniya acts as a platform connecting customers with independent bakers. While we strive to ensure accurate pricing information, we are not responsible for any discrepancies in pricing provided by individual bakers. Customers should verify prices directly with the baker before placing an order.

By subscribing to Cake Baniya, you agree to abide by the above cancellation and refund policy. If you have any questions or concerns regarding the cancellation and refund process, please contact our customer support team for assistance.

15. FSSAI Compliance

Bakers registered on Cake Baniya represents and warrants that it holds a valid FSSAI registration/license to sell food and maintains the validity of the FSSAI registration/license. Cake Baniya also undertakes to inform Bakers in case the FSSAI registration/license is expired or suspended, immediately upon such occurrence. Also, if Baker does not have FSSAI registration/license and is still serving/delivering food, Cake Baniya will suspend the Baker immediately.

Cake Baniya (FBO) agrees and undertakes to produce for inspection and verification the documents and details evidencing the existence and validity of such licenses and other compliance as may be mandated by the competent authority immediately. If Cake Baniya has any grounds to believe that the licenses are invalid, incomplete, or ineffective for any reason whatsoever, Cake Baniya shall be entitled to terminate/suspend the Cake Baniya (FBO)’s use of the Platform and their account, in Cake Baniya’s sole discretion in compliance with applicable laws.

If any Cake Baniya (FBO) is using the platform and baking and delivering food even after the expiration of the FSSAI registration/license, they may have to face consequences as per the FDA’s terms and conditions.

Cake Baniya has the authority to share documents given by Cake Baniya (FBO) to a third-party company to apply for FSSAI/Food license/registration.

16. COMPLAINTS & NOTICE

Cake Baniya takes complaints very seriously and aims to respond to your complaint as soon as possible. All complaints are to be addressed through the ‘Contact Cake Baniya Platform’ section in the application.

Reporting Instances of Intellectual Property Violations: To file a notice of infringement with Cake Baniya, you must provide a written communication (by email or regular mail) that sets out the information specified below. Please note that you will be liable for damages (including costs and lawyer’s fees) if you materially misrepresent that material infringes your intellectual property right(s). Accordingly, if you are not sure if you are the proprietor of the intellectual property right(s), we suggest that you first contact a lawyer.

Please note: Cake Baniya does not solicit confidential information such as OTP/CVV/PIN NUMBER/Card number either through call, mail, or any other means. Please do not reveal these details to fraudsters and imposters claiming to be associated with Cake Baniya. You may report such suspicious activities to [email protected].

17. Contact Information

If you have any questions about these terms, please contact us at [email protected].

By using Cake Baniya, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.