1. FOOD ORDERING AND DELIVERY AND REFUND :

 

1. Marathonkart provides food ordering and delivery services by entering into contractual arrangements with restaurant partners (“Vendors”) 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 food ordering and delivery by the Customers on the Marathonkart Platform.

 

1. The Customers can access the menu items or Products listed on the Marathonkart Platform and place orders against the Restaurant Partner(s)/Store(s) through Marathonkart .

 

1. Your request to order food and beverages or Products from a Restaurant Partner or a Store page on the Marathonkart Platform shall constitute an unconditional and irrevocable authorization issued in favour of Marathonkart to place orders for food and beverages or Products against the Restaurant Partner(s)/Store(s) on your behalf.

 

1. Delivery of an order placed by you through the Marathonkart Platform may either be undertaken directly by the Restaurant Partner or the Store against whom you have placed an order, or facilitated by Marathonkart through a third-party who may be available to provide delivery services to you (“Delivery Partners”). In both these cases, Marathonkart 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.

 

1. 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 Marathonkart is not a party under any applicable law. It is clarified that Marathonkart 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 Marathonkart Platform by connecting the Customers with the Delivery Partners or the Restaurant Partners or the Store, as the case may be.

 

1. Where Marathonkart is facilitating delivery of an order placed by you, Marathonkart 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.

 

1. 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 Marathonkart 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. Marathonkart 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.

 

1. 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 Marathonkart 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. Marathonkart will use reasonable efforts to inform you of the Delivery Surge that may apply to you, provided you will be responsible for the Delivery Surge incurred for your order regardless of your awareness of such Delivery Surge.

 

1. In respect of the order placed by You, Marathonkart shall issue documents like order summary, tax invoices, etc. as per the applicable legal regulations and common business practices.

 

1. You are expected to respect the dignity and diversity of Delivery Partners and accordingly you agree to not discriminate against any Delivery Partner on the basis of Discrimination Characteristics (as defined below). You are also expected to enable provision of a secure and fearless gig/ platform work environment for the delivery partners including prevention and deterrence of harassment (including sexual harassment) towards Delivery Partners.

 

Discrimination Characteristics shall mean discrimination based on race, community, religion, disability, gender, sexual orientation, gender identity, age (insofar as permitted by applicable laws to undertake the relevant gig work), genetic information, or any other legally protected status.

 

1. Food Ordering and Delivery with Restaurant Partners:

 

1. All prices listed on the Marathonkart Platform are provided by the Restaurant Partner at the time of publication on the Marathonkart Platform and have been placed as received from the Restaurant Partner. While we take great care to keep them up to date, the final price charged to you by the Restaurant Partner may change at the time of delivery. In the event of a conflict between price on the Marathonkart Platform and price charged by the Restaurant Partner, the price charged by the Restaurant Partner shall be deemed to be the correct price except Delivery Charge of Marathonkart .

 

1. Delay on the On Time Guarantee Time is for unforeseen reasons eg. strikes, natural disaster, Restaurant Partner’s inability to provide the Order.
2. You change, edit, modify or cancel such Order or do any such act that has the effect of changing, editing or modifying such order including but not limited to adding or changing the items ordered, receiving delivery at a location other than the one indicated at the time of placing of the order etc.

iii. You indulge in actions intended to delay the order including but not limited to asking the Delivery Partner to delay the Order, becoming unresponsive on call etc.

1. The order is a bulk order (as per Marathonkart ’s standard order size)
2. The order is cancelled due to any reason.

 

3. Marathonkart Pro For Food Ordering and Delivery: Marathonkart Pro members in India can avail Discounts (as defined below) extended by Partner Restaurants (as defined below) on home delivery. Please refer to the terms and conditions set out below in clause 3.

 

1. Marathonkart Gift

 

1. You may place an order with a Restaurant Partner to be delivered to someone else, your loved ones (may or may not be a Marathonkart customer) (“Gift Recipient”) as a gift (“Gift Order”). ii. To place a Gift Order, You will be required to provide the Gift Recipient’s contact details, such as name, phone number, address or any other information that may be reasonably required (“Contact Information”) to enable the Restaurant Partner, Delivery Partner deliver the Gift Order.

 

iii. By availing Marathonkart Gift feature, You warrant and represent that You have obtained the Gift Recipient’s consent to provide Marathonkart with the Contact Information. You hereby further warrant and represent to indemnify and hold Marathonkart , its directors, employees, affiliates and subsidiaries and their respective directors, employees, harmless against any claims or disputes initiated by the Gift Recipient whose Contact Information was provided by You for the purpose of placing the Gift Order.

 

1. By placing a Gift Order, You hereby irrevocably undertake to be responsible for any refusal made by the Gift Recipient or for any prejudice suffered by the latter or Marathonkart .

 

1. In case the Gift Recipient is, non contactable, the Restaurant Partner, Delivery Partner or we may contact You for further assistance.

 

1. You may send a message with the Gift order which we will endeavour to deliver, however sometimes, the message can’t be sent.

 

vii. You will not be charged any additional payment for Gift Order. All charges will be in a similar manner as for a regular placed online order.

 

viii. In the event, the Gift Recipient wishes to raise any issue with regard to the Gift Order, they can do so by requesting you to do it or via the chat support on the Marathonkart Platform or write to us at order@marathonkart.in

 

1. Any refund on the Gift order shall be provided to the sender and the Gift Recipient shall not receive any benefit.

 

1. You explicitly and unambiguously consent to the collection, use and transfer, in electronic or other forms, of personal information for the purposes of Marathonkart Gift. You will be required to share certain personal information with Marathonkart including your name, phone number, email address, payment details and Marathonkart will use these details in accordance with the Privacy Policy published on www.marathonkart.in/privacy policy.

 

1. All other terms and conditions for food ordering and delivery services provided herein under clause XIII[1] shall apply as is.

 

1. General Terms and Conditions

 

1. Marathonkart is not a manufacturer, seller or distributor of food and beverages or Products and merely places an order against the Restaurant Partner(s)/Store(s) on behalf of the Customers pursuant to the unconditional and irrevocable authority granted by the Customers to Marathonkart , and facilitates the sale and purchase of food and beverages or Products between Customers and Restaurant Partners/Store(s), under the contract for sale and purchase of food and beverages or Products between the Customers and Restaurant Partners/Store(s).

 

1. Marathonkart shall not be liable for any acts or omissions on part of the Restaurant Partner/Store(s) including deficiency in service, wrong delivery of order / order mismatch, quality, incorrect pricing, deficient quantity, time taken to prepare or deliver the order, etc.

 

1. The Vendor(s)/Store(s) shall be solely responsible for any warranty/guarantee of the food and beverages or Products sold to the Customer and in no event shall be the responsibility of Marathonkart .

 

1. For the Customers in India, it is hereby clarified by Marathonkart that the liability of any violation of the applicable rules and regulations made thereunder shall solely rest with the sellers/brand owners, vendors, Restaurant Partner(s)/Store(s), importers or manufacturers of the food products, Products or any Pre Packed Goods accordingly. For the purpose of clarity Pre-Packed Goods shall mean the food and beverages items which is placed in a package of any nature, in such a manner that the contents cannot be changed without tampering it and which is ready for sale to the customer or as may be defined under the Food Safety and Standards Act, 2006 from time to time.

 

1. Please note that some of the food and beverages or Products may be suitable for certain ages only. You should check the dish you are ordering and read its description, if provided, prior to placing your order. Marathonkart shall not be liable in the event the food and beverages or the Product ordered by You does not meet your dietary or any other requirements and/or restrictions.

 

1. While placing an order you shall be required to provide certain details, including without limitation, contact number and delivery address. You agree to take particular care when providing these details and warrant that these details are accurate and complete at the time of placing an Order. By providing these details, you express your acceptance to Marathonkart ‘s terms and privacy policies.

 

1. You or any person instructed by you shall not resell food and beverages or Products purchased via the Marathonkart Platform.

 

1. The total price for food ordered, including the Delivery Charges and other charges, will be displayed on the Marathonkart Platform when you place your order, which may be rounded up to the nearest amount. Customers shall make full payment towards such food or Products ordered via the Marathonkart Platform.

 

1. Any amount that may be charged to you by Marathonkart over and above the order value, shall be inclusive of applicable taxes.

 

1. Delivery periods/Takeaway time quoted at the time of ordering are approximate only and may vary.

 

1. Personal Promo code can only be used by You subject to such terms and conditions set forth by Marathonkart from time to time.

 

1. Cancellation and refund policy:

 

1. You acknowledge that (1) your cancellation, or attempted or purported cancellation of an order or (2) cancellation due to reasons not attributable to Marathonkart , that is, in the event you provide incorrect particulars, contact number, delivery address etc., or that you were unresponsive, not reachable or unavailable for fulfillment of the services offered to you, shall amount to breach of your unconditional and irrevocable authorization in favour of Marathonkart to place that order against the Restaurant Partners/Store(s) on your behalf (“Authorization Breach”). In the event you commit an Authorization Breach, you shall be liable to pay the liquidated damages of an amount equivalent to the order value. You hereby authorize Marathonkart to deduct or collect the amount payable as liquidated damages through such means as Marathonkart may determine in its discretion, including without limitation, by deducting such amount from any payment made towards your next Order

 

1. There may be cases where Marathonkart is either unable to accept your order or cancels the order, due to reasons including without limitation, technical errors, unavailability of the item(s) ordered, or any other reason attributable to Marathonkart , Restaurant Partner/Store or Delivery Partner. In such cases, Marathonkart shall not charge a cancellation charge from you. If the order is cancelled after payment has been charged and you are eligible for a refund of the order value or any part thereof, the said amount will be reversed to you.

 

iii. No replacement / refund / or any other resolution will be provided without Vendor’s/Store(s)’ permission.

 

1. Any complaint, with respect to the order which shall include instances but not be limited to food spillage, foreign objects in food, delivery of the wrong order or food and beverages or Products, poor quality, You will be required to share the proof of the same before any resolution can be provided.

 

1. You shall not be entitled to a refund in case instructions placed along with the order are not followed in the form and manner You had intended. Instructions are followed by the Restaurant Partner /Store on a best-efforts basis.

 

1. All refunds shall be processed in the same manner as they are received, unless refunds have been provided to You in the form of credits, refund amount will reflect in your account based on respective banks policies.